Agenda Item 2__ CABINET Minutes of the meeting of the Cabinet held on Tuesday 05 January 2016 at the Council Offices, Holt Road, Cromer at 2.00 pm. Members Present: Mrs S Arnold Miss B Palmer Mr N Dixon Mrs A Fitch-Tillett Mr T FitzPatrick (Chairman) Mr W Northam Mr J Rest Also attending: Mrs A Claussen-Reynolds Mrs H Cox Mr P W High Mr N Pearce Officers in Attendance: Mrs M Prior Mr R Reynolds Mr E Seward Mr R Shepherd Mr N Smith The Corporate Directors, the Communications and PR Manager, the Head of Assets and Leisure and the Democratic Services Team Leader The Chairman welcomed everyone and wished them a Happy New Year. He said that there were several members of the public in attendance for Agenda item 13 and consequently this item would be taken earlier than scheduled. Before commencing the formal business, the Chairman informed Members that the Council had recently been awarded Investors in People Gold status. On behalf of all Members he thanked the staff for their hard work, particularly during a time of change. 89. APOLOGIES FOR ABSENCE Mrs J Oliver 90. MINUTES The minutes of the meeting held on 30th November 2015 were approved as a correct record and signed by the Chairman 91. PUBLIC QUESTIONS Three members of the public spoke in relation to Agenda item 13: Holt car park development proposals. The Chairman informed Members that this item would be brought forward. Cabinet 05 January 2016 92. HOLT CAR PARK DEVELOPMENT PROPOSALS Mr Michael Hill said that he had run a business in Holt town centre for over 47 years. He agreed with several statements within the report but could not accept the recommendation not to commit to further investment in parking provision in Holt. Mr Hill said that the town’s inaccessibility had resulted in a decline in customer confidence over recent years and the report recognised that there was a longstanding parking issue in Holt. Mr Hill concluded by saying that the highest revenue per car parking space for the Council was generated in Holt and that this was the time to invest in the town Mr Duncan Baker, Holt Town Mayor and director of CT Baker spoke in a personal capacity. He said that as an operator of a car park in the town he was aware of the revenues that could be generated. Mr Baker said that Cabinet needed to base their decision on a long term vision for the town and that by creating ample parking, Holt would benefit but so would the region in general due to an influx of visitors. He said that the claims regarding the likelihood of additional spaces across the town were misleading and that the only solution was the Thornage Road site Mr Michael Baker then spoke. He said that 45 years ago Holt had been overshadowed by other towns across the District. Then the bypass was built and the town began to grow. It had now reached capacity and investment was needed once again. A further 500 homes were in the pipeline and there was a desperate need for more parking. Mr Baker then referred to a previous proposal to build an additional 175 car parking spaces which had been refused by the Council due to ongoing negotiations regarding the Thornage Road proposal. Mr Baker concluded by saying that the Council owed Holt a car park as it had the lowest number of spaces per head in North Norfolk. The Chairman asked the Corporate Director (SB) to clarify why the previous application for a car park, referred to by Mr Baker, had been turned down. The Corporate Director (SB) said that Mr Baker had made a pre-application enquiry to create a ‘deck’ on the existing Budgen’s supermarket car park and that there had not been a formal proposal or a public consultation. He explained that officers had advised that there would be an impact on the historic centre of the town and that it was likely that they would recommend refusal of the scheme. The Chairman invited Mr J Rest, Portfolio Holder for Assets, to respond to the points raised. Mr Rest said that it was a contentious issue and that a lot of views had been expressed. He referred to Mr Duncan Baker’s comment that the Thornage Road site ‘was not perfect’ and said that this was important. Mr Rest said that the site did not offer value for money and that the figures in the report were correct. The owner of the site had been very optimistic on occupancy rates and his reluctance to invest in the scheme himself indicated that he was not confident of his projections. Mr Rest reiterated that the Council was not currently able to commit to investing in parking in the town. He said that Cabinet wanted to await the outcome of the various proposals coming forward and would then consider any future proposals which were viable. Mr P W High spoke as the Local Member for Holt. He said that he was speaking on behalf of residents and that many people were concerned about problems with onstreet parking in the town. He referred to a recent incident along the Cley Road when an ambulance had not been able to get through due to parked cars. NCC Highways Cabinet 05 January 2016 had advised they could put down a white line to deter parking but that yellow lines were not possible until a car park was provided. Mr High concluded by urging Cabinet to defer a decision. He offered to meet the Leader and Mr Rest in Holt and show them where the parking issues were. Mrs M Prior, Local member for Holt, then spoke. She said that the parking issue was not quantifiable but that she was aware of very different views from Holt residents and that there were two sides to the issue. Mr N Dixon, in seconding the recommendation said that he had read all of the emails that he had received on the issue and listened very carefully to the views expressed during the meeting. Reflecting on the town’s parking problems, he said that Holt was not unique in this and that looking at the proposals coming forward which included Aldi, the public speakers had implied that people visiting the store would not then continue on into the town and this could not be assumed. He felt it was right to pause for now and await the outcomes of the proposals in the pipeline. The situation could be reviewed and revisited at any time and future propositions would be given due consideration. Mrs A Fitch-Tillett said that the issue of parking in Holt had been around for 12 years and that it kept coming back. She reminded Members that the Council did not have a statutory duty to provide car parks. She said that she was hopeful of the proposals that were in the pipeline but that the business case for the Thornage Road car park did not make financial sense. It was proposed by Mr J Rest, seconded by Mr N Dixon and RESOLVED Not to commit the District Council to making any further investment in parking provision at Holt for the present time, recognising proposals currently under construction and subject to detailed planning applications which would deliver over 150 new spaces to serve the town, undermining any financial investment made by the Council in such facilities in the town. Should this position change Cabinet will be advised so as to allow further consideration of the matter. If future proposals were to come forward that reduced the levels of risk to the Council then these can be considered at a future date. Reasons for the decision: It is recognised that there are on-going challenges faced by the town of Holt in relation to car parking provision. However, with a number of proposals to provide additional parking in Holt being taken forward, the level of risk associated with the Council making an investment at this time is considered to be too high. 93. ITEMS OF URGENT BUSINESS None 94. DECLARATIONS OF INTEREST Mrs A Fitch-Tillett said that she had been lobbied regarding Agenda item 13 ‘Holt Car Park Development Proposals’. Cabinet 05 January 2016 Mr T FitzPatrick referred to Agenda Item 14: Egmere Business Zone Project. He said that he was the local Member and knew the owners and directors linked to the project. 95. MEMBER QUESTIONS The Leader confirmed that Members could ask questions as each item arose. 96. CONSIDERATION OF ANY MATTER REFERRED TO THE CABINET BY THE OVERVIEW AND SCRUTINY COMMITTEE OR COUNCIL FOR RECONSIDERATION None 97. CONSIDERATION OF REPORTS FROM THE OVERVIEW AND SCRUTINY COMMITTEE None 98. PLANNING POLICY & BUILT HERITAGE WORKING PARTY RESOLVED a. That the amendments outlined in Appendix 4 of the report be incorporated into the Statement of Community Involvement and that the document be approved. b. To delegate power to the Planning Policy Manager to commission evidence to support the production of the North Norfolk Local Plan (2016-2036), in consultation with the Portfolio holder. 99. CONTAMINATED LAND INSPECTION STRATEGY Mrs A Fitch-Tillett, Portfolio Holder for Environment introduced this item. She said that it was a very interesting document as it outlined the history and geology of the District. The Strategy outlined how the Council intended to implement and manage its inspection duties under Part 2A of the Environmental Protection Act 1990. A review of the existing contaminated land inspection strategy had been undertaken and amendments had been made to bring it in line with new government guidance. Mr W Northam agreed that it was an excellent document and suggested that all Members should have a copy for reference. Mrs A Claussen-Reynolds said that she found it very informative and that she would keep it for future reference. It was proposed by Mrs A Fitch-Tillett, seconded by Mrs S Arnold and RESOLVED to Approve the revised Contaminated Land Inspection Strategy Reasons for the decision: To meet the Council’s statutory responsibilities in relation to inspection and control of Contaminated Land. Cabinet 05 January 2016 100. SUPERFAST BROADBAND The Chairman, Mr T FitzPatrick introduced this item. He said that the report followed on from the presentation by Karen O’Kane at the December meeting of Council. Members’ views were now sought on whether to release the £1m earmarked from District Council resources to match fund a phase 2 rollout of the Superfast Extension Programme (SEP). Mr FitzPatrick explained that the additional funding would increase the coverage in North Norfolk from 85% to 92%, including some key employment sites in the District. He concluded by saying that the Council would also be looking at emergent technology to ensure that the highest possible coverage was achieved. The Chairman invited Members to comment: 1. Mr E Seward referred to paragraph 4.7 of the report. He said that 8.5k properties would be affected and he wondered who would decide which areas would receive the funding. Mr FitzPatrick replied that the County Council would guiding the decision on that. In response to a further question as to whether it would come back to Cabinet for consideration, Mr FitzPatrick confirmed that it would be a Cabinet decision. 2. Mr R Reynolds said that he was fully supportive of the proposals and that progress was faster than envisaged. Broadband was essential for businesses, schools and residents. 3. Mr N Dixon said that as Portfolio Holder for Business and Economic Development, he welcomed the proposals. 4. Mrs S Arnold said that broadband was vital and the lack of consistent provision was frustrating. Anything that could be done to support increased provision should be encouraged. 5. Mrs H Cox said that mobile phone reception was also poor, particularly along the coast. Miss B Palmer, in seconding the proposal, said that several residents in her ward had brought up issues with poor broadband and this report would address this. It was proposed by Mr T FitzPatrick, seconded by Miss B Palmer and RESOLVED to Release the £1million funding allocated to Broadband in an earmarked reserve to match fund the delivery of BBfN2 Part 2 as detailed within the report. Reasons for the decision: To increase Broadband coverage in North Norfolk from 85% to 92%. 101. CROMER WEST PROMENADE REVITALISATION PROGRAMME The Chairman advised Members that there was a change to one of the recommendations. Recommendation C was now a recommendation to Council rather than a Cabinet decision: c) to approve a further capital budget of £650,000 to support delivery of the phase 2 works. Cabinet 05 January 2016 Mr J Rest, Portfolio Holder for Assets, then introduced the report. He said that it informed Members of the progress in relation to the development of a ‘Master Plan’ and the programme of works to help revitalise Cromer’s West promenade following the devastation caused by the tidal surge of December 2013. He thanked the Property, Project and Programme Manager for all her hard work and said that the suggested approach was a good one as it would enable the work to be done properly and in a timely manner. Mrs A Fitch-Tillett, Portfolio Holder for the Coast, said that she endorsed the comments made by Mr Rest. Work had started on repairing the sea walls on the west promenade just before the tidal surge of 2013 and the Council had taken the time to fully assess the situation to ensure that a proper job was done and to spread the work along the Cromer seafront. Mr N Dixon said that he also supported the proposals. From a business and tourism perspective it was right to take time and reflect on the best approach and to build in resilience. Mr Dixon said that he welcomed the opportunity to link the promenade to the car park and to release the full potential for the future. Mrs H Cox, local Member for Cromer Town, said that this was an excellent piece of work that would enhance the town and extend the holiday season. She thanked all the staff involved. It was proposed by Mr J Rest, seconded by Mrs A Fitch-Tillett and RESOLVED a) To adopt the West Promenade Master Plan; b) To carry out the works identified within the phase 1 works programme and; That the following recommendation is made to Council: c) to approve a further capital budget of £650,000 to support delivery of the phase 2 works. Reasons for the decision: To enable officers to proceed with the West Promenade revitalisation programme (phase 1) for 2016 and continue work to define and fund phases 2 and 3 of the Master Plan. 102. EGMERE BUSINESS ZONE PROJECT The Chairman advised Members that there was a change to one of the recommendations. The following was now a recommendation to Council rather than a Cabinet decision: That subject to any necessary revision to the budget and policy framework, the establishment of a capital budget of up to £1.445 million (£450k from external resources and £995k from NNDC capital resources) to support delivery of the project. Mr J Rest, Portfolio Holder for Assets, then introduced the item. He said that the report provided an update on how the Council could take a lead role in facilitating development of land at the Egmere Business Zone by opening up an area of land for business use through the provision of road and utility infrastructure and the development of a workshop/office unit for lease as a catalyst for future development. Mr Rest concluded by saying that he felt that this was the direction in which the Cabinet 05 January 2016 Council should be going – a commercial approach which embraced growing technology. The Leader, Mr T FitzPatrick commented on Egmere’s proximity to the port at Wells. He said that there were already 96 jobs there and it was anticipated that there would be work for the next 40 years. The establishment of a Local Development Order (LDO) had encouraged businesses to invest and this had been followed by the recent bid to become an Enterprise Zone. The Chairman invited Members to speak: 1. Mr R Reynolds said that he supported the proposals. Job creation was very important for the West of the District. 2. Mr R Shepherd agreed. He said that anything that attracted more businesses was to be welcomed, particularly with the proposals to build lots more homes in nearby Fakenham. 3. Mrs A Fitch-Tillett reiterated how important it was to support the port of Wells as it was the only safe haven between Great Yarmouth and Boston. She added that Egmere was also closer to key routes such as the A10, A11 and A! Than anywhere else in the District. It was proposed by Mr J Rest, seconded by Mr T FitzPatrick and RESOLVED to welcome the recent designation of the Egmere Business Zone site as an Enterprise Zone by HM Government, note and welcome the support for the delivery of a project to provide road and utility infrastructure into 1.65 hectares of land at Egmere through the £450,000 grant secured from the Norfolk Business Rates Pool fund, provide road and utility infrastructure into an area of land at Egmere, so as to provide serviced land for future development by third parties, note the interest of an established business working in the offshore renewables sector in occupying workshop and office premises at the Egmere Business Zone site and, subject to agreeing terms and following consultation with relevant portfolio-holders, resolves to build and lease such a facility as a first development on the wider site, as part of the Council’s Investment Strategy. Make the following recommendation to Council: that subject to any necessary revision to the budget and policy framework, to the establishment of a capital budget of up to £1.445 million (£450k from external resources and £995k from NNDC capital resources) to support delivery of project. Reasons for the decision: To maximise the opportunities presented by the Enterprise Zone status awarded to the Egmere Business Zone site, supporting new job-creating investment in the District Cabinet 05 January 2016 103. ENFORCEMENT BOARD UPDATE The Chairman advised Members that there was no need to exclude the press or public as there would be no discussion of the exempt appendices. Mrs S Arnold, Portfolio Holder for Planning introduced this item. She said that the report updated Members on the work of the Enforcement Board over the previous 6 months and gave an assessment of progress made on difficult enforcement cases since its inception. Mrs Arnold said that a lot of ground had been covered in the last 12 months and that things were definitely moving in the right direction. Mr J Rest said that it was a very encouraging report and that the Enforcement Board was a very valuable resource for the Council. Mr R Reynolds said that as Chairman of the Development Committee he was aware of the hard work carried out by the Enforcement Board. The Leader, Mr T FitzPatrick said the Board had had great success in bringing empty homes back into use. It was proposed by Mrs S Arnold, seconded by Mr J Rest and RESOLVED 1. To note the progress made to date by the Enforcement Board. 2. That, on the basis that the costs are non-recoverable, to approve Planning Enforcement costs for the properties described at Confidential Appendix 1 up to a maximum value of £20,000, to be funded from the Enforcement Board reserve. 3. To authorise acquisition of 37 Beeston Road, Sheringham subject to formal valuation, and in respect of this, authorises the following specific actions: 3a. That, following a formal valuation, officers are authorised to seek a voluntary agreement from the owners of 37 Beeston Road, Sheringham, to sell the property to the Council stating clear timescales for the owners to respond and to complete the sale. 3b. That if no such agreement is reached, that officers are authorised to proceed with a Compulsory Purchase Order on the property from the Secretary of State. 3c.That officers are authorised to take necessary steps for the acquired property to be sold on at the earliest opportunity with binding conditions that will make clear the Council’s expectation for the property be returned to use as soon as realistically achievable. 3d.That the purchase will be funded from capital resources from which virement of the necessary funds is authorised. 3e.To cap the CPO costs at the valuation level plus the CPO application costs at the upper limit of £35,000 as identified in Appendix 3. Reasons for the decision: 1. To ensure appropriate governance of the Board’s activities. 2. To enable appropriate enforcement action to be completed through the use of additional, external professional support. 3. To seek a formal valuation and acquire 37 Beeston Road: 3aThere is an expectation by the Secretary of State that Councils will seek to reach voluntary agreement on purchase prior to a Compulsory Purchase being authorised. Cabinet 05 January 2016 3b To enable the property to be brought back into use, thus reducing the number of long-term empty properties in the area and increasing housing provision. 3c As 3b above. 3d To make the necessary financial provision for purchase. 3e To ensure CPO remains a cost effective option . The Meeting closed at 14.57 pm _______________ Chairman Cabinet 05 January 2016