Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
5th October 2012
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, 15 October 2012 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. Coffee will be available in the staff restaurant at 9.30 a.m.
and at the break.
Members of the public who wish to ask a question or speak on an agenda item are requested to
arrive at least 15 minutes before the start of the meeting. It will not always be possible to
accommodate requests after that time. This is to allow time for the Committee Chair to rearrange
the order of items on the agenda for the convenience of members of the public. Further information
on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263
516047, Email: democraticservices@north-norfolk.gov.uk
Sheila Oxtoby
Chief Executive
To: Mr T FitzPatrick, Mrs A Fitch-Tillett, Mr T Ivory, Mr K Johnson, Mr J Lee, Mr W Northam, Mr R
Oliver
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 10
September 2012.
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 contained with the provisions contained 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.
MEMBERS TRAINING DEVELOPMENT AND SUPPORT GROUP
(page 9)
To receive the minutes of the meeting of the Members Training Development and Support
Group held on 22 May 2012.
9.
JOINT STAFF CONSULTATIVE COMMITTEE
(page 13)
To receive the minutes of the meeting of the Joint Staff Consultative Committee held on 25
June 2012.
10.
TREASURY MANAGEMENT – INVESTING IN POOLED PROPERTY FUNDS
Summary:
(page 16)
(Appendix A – page 21)
This report provides further details on an investment option
offering enhanced returns above term deposits, money
market funds and bonds which are currently used by the
Council for the investment of its surplus funds.
Options considered:
Investment in other types of pooled investment funds has
been considered, together with a continuation of the current
strategy of only investing in cash orientated investments, but
these options do not offer the potential of a higher return for
the Council when compared to the pooled property funds
recommended below.
Conclusions:
The outlook for the credit ratings of the institutions used by
the Council remains uncertain. The number of institutions
appropriate for investment is restricted, and will potentially
shrink further in the future. Interest rates and investment
returns are likely to remain low for a long time to come, and it
is appropriate that the Council considers alternative asset
classes for its investments.
Recommendations:
That delegated powers be given to the Portfolio Holder
for Resources and the Section 151 Officer to invest in the
Local Authorities Property Fund (LAMIT) and Aviva Lime
Property Fund as appropriate.
Reasons for
Recommendations:
To diversify the Council’s investments and secure a higher
return than existing investments.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
Arlingclose Member Presentation to Cabinet 24 June 2012 (copy of presentation slides)
Arlingclose Investment Update 2012-09-14 - Property
Cabinet Member(s)
Wards affected
Contact Officer,
telephone number
and email:
11.
Cllr Wyndham Northam
All
Tony Brown
01263 516126
Tony.brown@north-norfolk.gov.uk
NORTH NORFOLK HOUSING STRATEGY 2012-2015 (SUPPORTING VULNERABLE
PEOPLE TO LIVE INDEPENDENTLY WITHIN THE COMMUNITY)
(page 22)
(Strategy – page 26)
Summary:
The North Norfolk Housing Strategy 2012-15 consists of 3
separate documents reflecting the key areas of supporting the
delivery of new housing and infrastructure, making the most
effective use of the existing housing stock and supporting
independence. The first two documents have been completed
and considered by Cabinet. The final document considers how
vulnerable people can be supported to live independently
within the community and contains a detailed action plan for
the period 2012-15.
Options considered:
1: Do nothing. This option was discounted as the Housing
Strategy is to consist of 3 separate documents of which 2 have
been considered by Cabinet. The Housing Strategy will be
incomplete if the third document is not produced.
2: Complete the third document. This option was adopted as
ensures that the Housing Strategy is completed and the needs
of vulnerable households are considered and can be
addressed.
Conclusions:
The North Norfolk Housing Strategy 2012-15 is a suite of 3
documents which address the following specific areas:
Supporting the delivery of new homes and infrastructure
Making the best use of the existing housing stock
Supporting Vulnerable People to Live Independently within the
Community.
Each document sets the context for the area it relates to and
includes a dedicated action plan. The third document has now
been completed and is presented to Cabinet prior to adoption
by the Council.
Recommendations:
Cabinet recommend the adoption of the North Norfolk
Housing Strategy (Supporting Vulnerable People to live
independently within the Community) to Full Council.
Reasons for
Recommendations:
To adopt the final document in the suite of 3 which together
form the North Norfolk Housing Strategy 2012-15. Each
document concentrates on a specific area and has an action
plan.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
North Norfolk Housing Strategy 2012-2015 (Supporting Vulnerable People to Live
Independently within the Community)
Cabinet Member(s)
Wards affected
Contact Officer,
telephone number
and email:
12.
Cllr Trevor Ivory
All
Karen Hill
01263 516183
Karen.hill@north-norfolk.gov.uk
HOUSING ENFORCEMENT POLICY
Summary:
(page 39)
(Policy document – page 43)
The Housing Act 2004 requires the Council to take action to
improve poor dwelling condition in some circumstances and
provides the power to take action against poor condition in
other circumstances. The Housing Enforcement Policy
provides a transparent approach to this enforcement action
and sets out:
• What enforcement powers are available to the
Council
• When these powers will be used
• The range of powers available to bring empty
properties back into use
• When the Council will seek to recover costs
associated with enforcement action.
Options considered:
1: Do nothing. This option was discounted as the Council
has a statutory duty to consider the condition of dwellings
across the district and in some circumstances to take action
to improve dwelling condition. A Housing Enforcement
Policy ensures that the Council’s approach to housing
enforcement is transparent.
2: Develop the Housing Enforcement Policy. This option
was adopted as ensures that there is transparency as to
when and how the Council will take enforcement action and
supports any enforcement action taken.
Conclusions:
The Housing Act 2004 requires Local Authorities to consider
dwelling condition in their area at least once per year and in
certain circumstances to take action to improve dwelling
condition where it has or will have a negative impact on the
health and safety of the occupant. The act also provides
powers to take action in other circumstances to improve
dwelling condition. The Housing Enforcement Policy sets
out the range of powers available to the Council and when
the Council will take enforcement action. It also sets out the
range of powers available to the Council to take
enforcement action against the owners of empty homes in
order to bring these properties back into use. The Housing
Enforcement Policy is supported by the forthcoming Empty
Homes Policy and the Housing Renewal Policy.
Recommendations:
Cabinet adopt the Housing Enforcement Policy
Reasons for
Recommendations:
To adopt the Housing Enforcement Policy which sets out
the range of powers available to the Council to bring about
the improvement of dwelling condition and the range of
powers available to bring empty homes back into use. The
policy also sets out the Council’s approach to enforcement
and when it will seek to recover its costs.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
Housing Enforcement Policy
Cabinet Member(s)
Wards affected
Contact Officers:
telephone number
and email:
13.
Trevor Ivory
All
Karen Hill
01263 516183
Karen.hill@north-norfolk.gov.uk
THE NORTH NORFOLK BIG SOCIETY FUND – SECOND ROUND LARGE GRANT
APPLICATIONS
(Page 57)
(Appendix B – page 61)
(Appendix C – page 67)
(Appendix D – page 68)
(Appendix E – page 70)
Summary:
Applications for the second round of the North Norfolk Big
Society Fund (NNBSF) have been received.
Applications for smaller grants under £10,000 are awarded by
the North Norfolk Big Society Board. Applications for larger
grants over £10,000 are determined by Cabinet.
Conclusions:
The applications to the Fund for both large and small grants
comprised of a wide variety of projects. The applications for
larger grants, referred to in this report, have been appraised
against the Big Society Fund’s aims to: help build strong
communities in North Norfolk and to improve their social and
economic wellbeing. The recommendations in the
assessment schedule have been informed by the Big Society
Fund Prospectus, the priorities identified in the Corporate
Plan and other relevant considerations.
Recommendations:
That Cabinet pledge support from the Big Society Fund up to
£10,000 to Erpingham Parish Council, contingent on the
balance of funding for the MUGA project being forthcoming
from elsewhere.
That funding of up to £12,000 be provided to National
Coastwatch Institution, Mundesley in respect of its proposed
East Runton facility.
Cabinet Member(s)
Ward(s) affected
Contact Officer,
telephone number
and email:
14.
Trevor Ivory
All
Rob Young
01263 516162
rob.young@north-norfolk.gov.uk
NORTH WALSHAM TOWN CENTRE ENHANCEMENT AND SIGNAGE SCHEME
(Page 74)
Summary:
The report seeks approval from Cabinet for £46,000
partnership funding support from the Council’s Leadership of
Place Programme budget, to contribute to the Market Place
improvements and highway signage scheme that has been
initiated by Norfolk County Council and agreed by North
Walsham Leadership of Place Steering Group and constituent
local organisations. The total cost of the scheme is
approximately £96,000. The County Council has a budget of
£50,000 that has been approved by their Cabinet in March
2012.
The North Walsham Leadership of Place Programme
document was endorsed by Cabinet in March 2011. The
Programme and action plan that has been led by NNDC was
taken forward from March 2011 by the North Walsham
Leadership of Place Steering Group Board. Under the
Programme Action Plan, three main priority strands of actions
were agreed. These were community and business leadership,
town centre and industrial infrastructure improvements and
public sector facilities and service efficiencies. As part of strand
two of the Programme, the scheme to improve highways,
parking and traffic flows will seek to provide a safer pedestrian
environment and contribute towards the future economic and
community well being of the town.
Conclusions:
The proposed scheme to improve the physical infrastructure of
North Walsham town centre has been put forward for decision
as a partnership initiative that seeks to add value to the many
various initiatives aimed at the overall economic and
community well being of North Walsham.
The development of North Walsham as a vibrant and
commercially viable service hub for the rural hinterland will rely
on providing an accessible, safe and convenient business
centre that offers the best possible environment for businesses
to invest and grow in the longer term.
The Market Place Enhancement and associated highway
signage scheme will add further value to the work underway
and being led by local partnerships, including the North
Walsham Town Team that have formed to market and promote
the town and create new events, markets and energy to the
trading heart of the town.
Recommendations: 1. Cabinet approve £46,000 funding support from the
Council’s Leadership of Place Programme budget, to
contribute to the Market Place improvements and highway
signage scheme in support of the Leadership of Place
Programme.
2. Cabinet confirm that conditional to £46,000 being
provided as a scheme contribution by NNDC that any
overspend on the total cost of this amount is covered by
Norfolk County Council from its own budget and that the
signage works as part of the overall scheme are completed
within the financial year 2012-13.
3. That officers within both Conservation and Design and
Property sections of the District Council are fully engaged
in the detailed design aspects of the schemes with
Highway officers working with Norfolk County Council.
Cabinet Member(s)
Ward(s) affected
Contact Officer,
telephone number
and email:
15.
Trevor Ivory
All
John Mullen
01263 516104
john.mullen@north-norfolk.gov.uk
4/4A MARKET STREET (AND ADJACENT PUBLIC CONVENIENCES) NORTH
WALSHAM
(page 80)
(*Exempt Appendix 1 – page 87)
(*Exempt Appendix 2 – page 89)
* The exempt appendices are not for publication by virtue of Paragraph 3 – information
relating to the financial or business affairs of any particular person (including the authority
holding the information)
Summary:
This report seeks to address the issues relating to the
Council’s own landholding at a site in North Walsham town
centre and, in particular, recommends a way in which this
should be put to best effect to ensure that the derelict building
occupying the adjacent site (number 4 and 4a Market Street)
is improved.
Conclusions:
There is no question that the site of 4 and 4a Market Place is
having a detrimental impact upon North Walsham town
centre. NNDC has done everything it can to-date to remove
any obstacles and to encourage the improvement or
redevelopment of the site. This has not resulted in the
requisite action on behalf of the landowner. The Council
should therefore, under the auspices of the ‘Infrastructure’
theme of the approved Leadership of Place Action Plan
(endorsed by Cabinet in March 2011) take the appropriate
steps to facilitate the improvement of the site within a
reasonable timescale.
Recommendations: It is recommended that:
1) authority be given to the Chief Executive, in
consultation with the Corporate Assets portfolio
holder, to agree the transfer of the Council’s asset
(site and building) at the Butchery toilets, North
Walsham in accordance with the terms outlined in
this report, to the owner of the adjacent site (4/4a
Market Street, North Walsham); and
2) authority be given to the Chief Executive, in
consultation with the Corporate Assets portfolio
holder, to acquire the site comprising 4 and 4a Market
Street, North Walsham, by private treaty for a sum not
exceeding £35,000, or by compulsory means for the
sum determined by any confirmed Compulsory
Purchase Order (by reference to Cabinet if
necessary), should disposal under recommendation
1) not be satisfactorily completed within a reasonable
period of time.
16.
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.”
Agenda Item 2__
CABINET
Minutes of the meeting of the Cabinet held on Monday 10 September 2012 at the
Council Offices, Holt Road, Cromer at 10.00am.
Members Present:
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr T Ivory
Mr K Johnson (Chairman)
Mr J Lee
Mr W Northam
Also attending:
Mrs A Claussen-Reynolds
Ms V Gay
Mrs P Grove-Jones
Mr P High
Mr G Jones
Mr N Lloyd
Mrs A Moore
Mr P W Moore
Mr R Oliver
Ms B Palmer
Mr R Reynolds
Mr E Seward
Mr B Smith
Officers in
Attendance:
Also in
Attendance:
The Chief Executive, Corporate Director (N. Baker), Corporate
Director (S. Blatch) the Coastal Engineer (for item 31) the Housing
Services Manager, the Strategy Team Leader, the Economic and
Tourism Development Manager, the Economic and Tourism
Development Officer, the Policy and Performance Management
Officer, the Head of Organisational Development, the Coastal
Community Projects Manager
The press
34.
LEADER’S COMMUNICATIONS
The Leader commented on the recent successful weekend across the District – with
the Tour of Britain event hosted by Bewilderwood and Greenbuild at Felbrigg Hall. He
said that this had been an excellent conclusion to a very successful summer
nationally and he thanked volunteers and staff who had given up their time to help.
35.
APOLOGIES FOR ABSENCE
None received
36.
MINUTES
The Minutes of the meeting held on 16 July 2012 were confirmed as a correct record
and signed by the Chairman.
Mrs A Fitch-Tillett commented on Minute 31: Cromer Coast Protection Strategy. She
said that all statutory consents had been granted and the work could now
commence.
Cabinet
1
10 September 2012
1
37.
PUBLIC QUESTIONS
Questions had been received from Mr Burke and Mr Berry. The questions concerned
Agenda item 4, Items of Urgent Business – Happisburgh Beach Access Steps. Mr
Burke, a resident of Happisburgh, requested that the Council reconsider their
decision to remove the steps. He referred to a petition of more than 1600 signatures
supporting this request. Mr Berry, Chairman of Happisburgh Parish Council spoke in
favour of removing the steps and storing them locally whilst the cliffs were monitored.
He said that the Parish Council would prefer money to be spent on strengthening the
ramp access to the beach.
The Chairman advised that the item of urgent business would be taken directly
following the public questions.
38.
ITEMS OF URGENT BUSINESS
There was one item of urgent business relating to Happisburgh Beach Access Steps.
Ms V Gay read out the following statement on behalf of the Local Member for
Happisburgh, Mrs L Walker:
‘I stand by my letter to the Eastern Daily Press (EDP). The officers are doing a
brilliant job and I fully accept their advice on storing the steps until the coastal activity
stabilises. Malcolm Kerby’s letter to the North Norfolk News and later the EDP put
everything into perspective. I know the petition contains a lot of signatures and I
applaud those signatories taking the time to make their views known. However, I
question if they were given the full facts about the situation. I have not seen the
second section of the petition and would be interested to see how many council tax
paying residents have signed. The Parish Council supports the officers views and is
willing to store the steps. As local member I fully support the proposed action of the
Council’.
The Portfolio Holder for Coastal Issues then read out the following statement:
‘This item has come about as a matter of public interest in response to a petition.
The petition calls upon North Norfolk District Council to:“Re-open the metal steps to allow residents and visitors to access the west beach at
Happisburgh” and to “to look again at the options for reinstating the bridge to the
steps, including making the bridge a design feature”.
It is regrettable that the bridge to the steps had to be removed but this was done in
the light of rapid erosion of the cliffs last winter, to protect the safety of potential
users. Since the bridge has been removed, cliff top recession has continued and it is
not a practical option for the bridge to be reinstated.
The base of the steps is now submerged, not only at high water spring tides but far
more frequently on normal high water tides. This would make it impractical and
unsafe to use the steps for much of the time, even if the bridge remained in position.
There is no doubt that further recession of the cliffs at this point will continue and the
steps are in fact redundant in their current location and the Council has no alternative
but to remove them. Re-opening them or reinstating the bridge are simply not
feasible options and the Council cannot therefore do what the petition asks for.
Cabinet
2
10 September 2012
2
Together with the local community, the Council has invested a huge amount of time,
effort and money into managing the impacts of coastal change in Happisburgh in
support of the local economy, the quality of life of villagers and the overall
sustainability of the village. It is proposed, with the support of Happisburgh Parish
Council, to remove the steps and to store them locally, whilst cliff recession rates are
closely monitored.
If the steps remain in-situ they will become merely another relic and a reminder of the
adverse impacts of coastal erosion, a potential danger to beach users and a symbol
of blight.
I suggest we follow the Council’s procedure outlined in the Council’s ‘Petitions
Scheme’ and report it to the Overview and Scrutiny meeting on 25th September and
Full Council on 26th September. It should be noted, however, that for the reasons
outlined above the steps have to be removed. I further suggest that Overview and
Scrutiny committee should oversee the decision relating to the possible reinstatement
of the steps at a later date after a suitable monitoring period.
I can sympathise with the views of those seeking to retain access to the beach in this
location, via the steps, but regret that this is not currently feasible. I am grateful to the
local landowner who has offered to store the structure once it has been removed and
very much hope that the cliff stabilises sufficiently for it to be feasible for the steps to
be reinstated at some point in the future.’
Mr E Seward, Chairman of the Overview and Scrutiny Committee agreed that the
Committee would oversee the decision relating to the possible reinstatement of the
steps at a later date.
The proposal was discussed:
1. Mr G Jones said that he believed the petition was ill-conceived as it did not refer
to the costs involved in reinstating the steps.
2. Mr P W Moore, Vice-Chairman of the Overview and Scrutiny Committee was
concerned about the proposal to wait a further year before reassessing the
situation regarding the steps. Mrs A Fitch-Tillett replied that it was necessary to
allow sufficient time to monitor the movement in the cliffs.
3. Mr B Farrow, Coastal Engineer, explained that the Council had always been keen
to promote access to Happisburgh beach, however, they were guided by national
policy which was not to prevent erosion. It was impractical to keep the steps
where they were and even if they were retained they would have to be moved. He
concluded by saying that a lot of money from the Pathfinder scheme had been
invested in improving access to the east beach and providing parking facilities.
It was proposed by Mrs A Fitch-Tillett, seconded by Mr W Northam and
RESOLVED
a)
b)
c)
d)
39.
Cabinet
That the steps and bridge be removed and stored at Happisburgh
The whole structure is securely stored and maintained locally
That erosion rates of the cliffs in the area continue to be monitored
That a report is brought to Cabinet/Council within the next twelve months with a
recommendation regarding the future of the structure
DECLARATIONS OF INTEREST
3
10 September 2012
3
None
40.
COUNCIL TAX SUPPORT WORKING PARTY
RESOLVED that
the minutes of the meeting of the Council Tax Support Working Party held on 7th
August 2012 be received.
41.
PLANNING POLICY AND BUILT HERITAGE WORKING PARTY
Mr T Ivory queried the second recommendation in Minute 12 of the meeting held on
23 July – ‘That the quantity of affordable dwellings exceeds the quantity of market
housing’. He felt that it repeated the first recommendation to some extent and that it
could set a target for housebuilders to negotiate. It would be better to rely on the
viability test proposed in the first recommendation. He added that if rural exception
sites were the only option and they could not meet the proposed target for affordable
housing then they would be excluded from consideration and that was not a sensible
way forward.
It was proposed by Mr T Ivory, seconded by Mr T FitzPatrick and
RESOLVED that
1. The minutes of the Planning Policy and Built Heritage Working Party meetings
held on 23 July and 20 August 2012 be received.
2. The Stalham Development Brief be approved subject to:
The Highways Authority supporting the conclusions in the Traffic Assessment
A minimum of .5 ha being designated for community use
An increase in the amount of boundary ‘buffer’ landscaping between the
employment land and existing /proposed residential land; and
Clarity on the issue of phased implementation of the public park and access to
serve the employment/community use land.
RECOMMENDED to Full Council
a) That in response to the NNPF, the Council resolves to support the inclusion of
elements of market housing within rural exception schemes which otherwise
comply with the provisions of Policy HO3 subject to clear demonstration that the
inclusion of market housing is necessary to deliver affordable dwellings which
otherwise would not be provided.
b) That Council support the following revised policy approach to the re-use of rural
buildings in response to the NPPF, subject to considering the introduction of an
affordable housing tariff in respect of the enhanced value arising from conversion
to permanent residential use and further consideration of the potential impacts
arising from the loss of existing tourism and other business uses:
i.
The economic re-use of rural buildings will be supported and full weight
will continue to be applied to Policy EC2.
ii.
Cabinet
In relation to the application of Policy H09 and residential conversion that
weight be attached to the NPPF with the affect that:
• Proposals for the reuse of disused or redundant buildings will be
subject to compliance with criteria 2, 3, 4 and 5 but not criteria 1 which
limits location.
4
10 September 2012
4
•
•
42.
Proposals for the change of use/variation of occupancy of buildings in
holiday use to allow residential use will be subject to compliance with
criteria 2, 3, 4 and 5 and where applicable Policy EC8 but not criteria 1
in relation to location.
Proposals for the change of use of all other commercial buildings will
be subject to compliance with criteria 2, 3, 4 and 5 and a presumption
that those providing a significant number of jobs (three or more)
should normally be retained in employment uses.
DEVELOPMENT OF THE NORTH NORFOLK INTEGRATED APPROACH TO
COASTAL MANAGEMENT
Mrs A Fitch-Tillett, Portfolio Holder for Coastal Issues introduced this item. She
explained that the Council was embarking on developing an integrated approach to
coastal management. This would involve developing appropriate ways of managing
the coast with reference to the communities’ needs, coastal processes, policy context
and the availability of funding. The approach would offer improved coastal
information, development of funding opportunities and implementation of a broad
spectrum of initiatives and schemes for managing the coast across the frontage.
Mr E Seward, Chairman of the Overview and Scrutiny Committee said that the
Committee would be considering the policy aspects of the report. He said it was
anticipated that there would be a positive response to the proposals.
It was proposed by Mrs A Fitch-Tillett, seconded by Mr W Northam and
RECOMMENDED to Full Council:
a) That the integrated approach to coastal management, in particular the work
schemes set out in Table 1 of the report be endorsed
b) That the remaining unallocated coastal pathfinder budget (approximately £65,000
revenue) and receipts including the Coastal Erosion Assistance Grant (£60,000
capital) and any income from successful Pathfinder replacement housing are
incorporated into a new integrated coastal budget for the purpose of funding
specific coastal projects and resources in line with the integrated approach.
c) That the allocation of the integrated coastal budget is delegated to the Chief
Executive in consultation with the Coastal Portfolio Holder.
43.
BUDGET MONITORING 2012/13 PERIOD 4
Mr W Northam, Portfolio Holder for Financial Services, introduced this item. He
explained that the report summarised the budget monitoring position for the revenue
account and capital programme to the end of July 2012. The overall position at the
end of period 4 showed a forecast overspend of £69,074 for the current financial year
on the revenue account.
Mr W Northam said that car parking income was £40,000 above the budgeted
amount. He had spent considerable time speaking to people visiting his local car park
and there had been no concerns about the level of charges. Mr G Jones commented
that he would be interested to know how much of the car parks income was made up
of fines for non-payment.
It was proposed by Mr W Northam, seconded by Mr T Ivory and
Cabinet
5
10 September 2012
5
RESOLVED to
a) Note the contents of the report and the current forecast for the current financial
year
b) Note the current position on the approved capital programme and approve the
recommended amendments.
44.
ENTERPRISE NORFOLK
The Deputy Leader introduced this item. He outlined a new business start-up support
programme called Enterprise Norfolk. He explained that since the loss of the East of
England Development Agency (EEDA) and Business Link, local authorities were left
to fill the gaps of providing support to entrepreneurs and companies to start and grow
their businesses. Norfolk County Council’s Cabinet had recognised the need for
county-wide enterprise support by providing a budget of £200,000 per year for 2
years initially. It was proposed that £35,000 per year was made available to North
Norfolk District Council in 2012/13 as a grant to provide and enhance a business
start-up service in one or more venues across the District. Norfolk County Council
had encouraged the Council to support this grant with a proportion of match funding
to provide an enhanced local provision.
The following options were considered:
Option 1 – To accept the £35K per annum for two years NCC grant and to authorise
the release of £25K per annum for two years from the Economic Development
Service budget to enable a high level of enhanced local support for business startups.
Option 2 – To accept the £35K per annum for two years NCC grant and to authorise
the release of a lesser amount of additional funding which will enable a lower level of
enhanced support for business start-ups.
Option 3 – To accept the £35K per annum for two years NCC grant and to not
authorise any additional funding and offer no additional support for business startups after the initial training.
Option 4 – Not to accept the £35K per annum for two years NCC grant.
Members discussed the report:
1. Ms V Gay commented that green business was one of the most resilient sectors
of the economy and she wondered how the Council would promote this. Mr T
FitzPatrick replied that the recent Greenbuild event had shown the large number
of local business in this sector and the Council would continue to support and
promote them.
2. Mr G Jones said that it was important that regular feedback should be provided
on the number of businesses assisted by the Enterprise Norfolk scheme.
3. Mr E Seward commented that lessons could be learnt from businesses that
weren’t successful.
RESOLVED to
accept the NCC grant of £35,000 per annum over the period 2012/13 and
2013/14 (£70,000 for two years) and authorise the release of £25,000 per
annum over the period 2012/13 and 2013/14 (£50,000 for two years) from
the Economic Development Service budget as match funding to that NCC
grant to deliver a business start-up support programme called Enterprise
Cabinet
6
10 September 2012
6
Norfolk and to ultimately increase the number of Business Start-Ups (NI 171
– New business registrations) in the district. This programme seeks to assist
a minimum of 300 beneficiaries and create 50 new business starts.
45.
NORTH NORFOLK HOUSING STRATEGY 2012-2015 (MAKING BEST USE OF
THE EXISTING HOUSING STOCK
The Leader introduced this item. He said that the recent Housing workshops for
Members had been very successful.
This was the second in a series of three Housing Strategy documents. It considered
how to make the best use of the existing housing stock in North Norfolk and
contained a detailed action plan for the period 2012/15 setting out the Council’s
objectives.
It was proposed by Mr K Johnson, seconded by Mr T Ivory and
RECOMMENDED to Full Council
That the North Norfolk Housing Strategy (Making Best Use of the Existing Housing
Stock) document be adopted.
46.
PERFORMANCE MANAGEMENT – DELIVERY OF ANNUAL ACTION PLAN
2012/12 QUARTER 1
The Leader introduced this item. He explained that the report covered the
performance of the Council against the priorities set out in the Annual Action Plan
2012/13. The first Annual Action Plan outlined how the priorities in the Corporate
Plan would be realised over the 12 months from 1 April 2012 to 31 March 2013.
Mr E Seward, Chairman of the Overview and Scrutiny Committee requested figures
on previous years housing allocations for when the document was considered by the
Committee.
It was proposed by Mr K Johnson, seconded by Mr T FitzPatrick and
RESOLVED
To note the current position with the waste and cleansing contract as set out in the
briefing note shown at Appendix 3 of the report.
RECOMMENDED to Full Council
that two additional planning assistants be recruited on a temporary basis for a 12
month period pending the outcome of the peer challenge, to be funded from a
combination of the HPDG earmarked reserve and the additional revenue from the
proposed national fee increase from October 2012. That additional support for
planning enforcement is progressed with Kings Lynn and West Norfolk Borough
Council
Mr N Lloyd requested that any future reports on the North Walsham Dual Use Sports
Centre should be considered by Full Council.
Cabinet
7
10 September 2012
7
The Meeting closed at 10.55am
_______________
Chairman
Cabinet
8
10 September 2012
8
Agenda Item 8__
MEMBER TRAINING, DEVELOPMENT AND SUPPORT GROUP
Notes of a meeting held on Tuesday 22 May at 11.00am in Room 1, Council Offices,
Holt Road, Cromer.
Members Present:
Working
Group:
Keith Johnson (Chairman)
John Lee
Barry Smith
Vivienne Uprichard
Officers in
Attendance:
Emma Denny, Emma Duncan and Mary Howard
Also in
attendance:
Rod Lee
1. APOLOGIES
Apologies were received from Julie Cooke and Philip High
2. NOTES OF LAST MEETING
The notes of the last meeting held on 28 February 2012 were confirmed as a correct
record.
3. BUDGET
Mary Howard informed the Group that £995 had been spent from the budget of £7525.
This payment was to provide access to the Members’ portal for one year.
4. UPDATES
Course at Breckland District Council
Emma Denny had recently attended a training event on ‘Providing Effective Member
Support’ organised by the Association of Democratic Services Officers. She explained
that representatives from all the Norfolk councils were in attendance and it had been
useful to get feedback from those councils that had already achieved the Members’
Charter. Given that NNDC had the smallest Democratic Services team, they compared
very well in terms of Member support. The Council’s induction programme and promotion
of electronic tablets was above that of many larger councils.
Barry Smith asked whether any new initiatives had been highlighted that the Council
could adopt as part of the Member Charter process. Emma Denny said that some
councils used ‘work-shadowing’ to improve member/officer relationships and provide a
more skills-based approach to learning. This could improve members’ understanding of
what officers do and how policy was implemented in practical terms.
Member Training, Development and
Support Working Group
1
22 May 2012
9
Annual Members Survey
Democratic Services had recently sent out a survey to all Members. It was intended that
this would be the first of an annual survey of members. The response rate had been
excellent with 79% of members returning their survey to Democratic Services.
The level of support and the services offered by Democratic Services were rated very
highly and the proposals to introduce a reminder service for meetings and events and the
location of a Members’ desk within the Democratic Services work area had been well
received.
The Chairman asked whether there was an intention to chase up any of the surveys that
had not come back. Emma Denny explained that the survey had been anonymous to
encourage people to voice their opinions. In future, responses submitted by email could
be logged to ascertain who had not replied. She added that she had reminded Members
on several occasions to return their forms and overall the response rate had been good.
Rod Lee asked if there had been any surprise responses. Emma Denny said that the
positive response to the proposal to situate a Members’ hotdesk within the Democratic
Services area had been a surprise. Several Members had started to use it regularly
already.
IPads and electronic tablets
Emma Duncan explained to the Group that those Members with no ICT provided by the
Council were now being offered the additional choice of an iPad or electronic tablet.
Committee agendas were now produced in a single pdf format that could be easily read
electronically and several Members had opted to receive only electronic copies.
Democratic Services had started to use an iPad to project the agenda and reports on to
the large screen during committee meetings. The use of an annotation app allowed them
to draw Members attention to important items by highlighting them on the screen.
Feedback so far had been very positive. The Chairman added that the Constitution
Working Party had agreed to amend the Constitution to allow Members to use such
devices during meetings.
Barry Smith asked about security concerns regarding the use of electronic tablets. Emma
Duncan explained that they were password protected and they could be ‘wiped’ remotely
if they were stolen or mislaid. An article had been put in the Members’ Bulletin regarding
a £70,000 for a council that had mislaid paper records containing sensitive information.
This highlighted the fact that paper documents were much less secure than electronic
ones.
The Chairman asked whether the Council had a policy regarding personal use of
electronic tablets. Emma Duncan said that Members were expected to carry them all the
time and this would only happen if they could use them on a personal basis too. As long
as they were password protected and were used sensibly then ICT were happy for
Members to access personal emails and apps from them.
ModernGov
Emma Duncan explained that ModernGov was an electronic committee management
system. If such a system was implemented then information could be shared across the
Council and efficiency would be significantly increased.
Member Training, Development and
Support Working Group
2
22 May 2012
10
Cabinet and Democratic Services had attended a demonstration on 16 April 2012 and
had been impressed by the capabilities of the system. There were several benefits for
Members including an app which would allow them to tailor the information they received
relating to committees and the provision of a personal website. It would also enable
Members to maintain their register of interests online.
John Lee said that he had attended the demonstration and had been very impressed by
the potential that the system offered to the Council.
5. MEMBER CHARTER – THE WAY FORWARD
Rod Lee introduced this item. He updated the Group on the current status regarding the
Council’s attainment of the Charter for Member Development. Following Cabinet’s
endorsement on 16th April of the recommendations made by the MTDS Group, the Action
plan had been updated and amended to include additional actions necessary to achieve
the Charter. These included:
1. The preparation of a Portfolio of Evidence, which will need to be provided to
demonstrate how the Council meets the requirements required by the Charter for
Members Development.
2. An assessment as to whether the Council meets the requirements of the Charter by a
panel appointed by the LGA South Eastern Employers would need to be undertaken
by end of the summer.
Arrangements also needed to be put in place to install and develop the Members
Development Portal and it was proposed that the MTDS Group should explain the
process and the benefits of using the portal to all members. Members would then be
invited in groups to attend an event to receive a briefing on the objectives of the portal
and they would also be provided with assistance to complete their individual profile on
the portal. Feedback would then be provided explaining the development needs
identified by each group profile.
Mrs V Uprichard said that she was concerned about the tight timescale. The Chairman
replied that it was not ideal but it was achievable. Rod Lee added that there had been a
lot of additional work recently that could result in achieving Charter Plus status.
AGREED
1. That the process for rolling out the installation of the Members Portal would be fully
explained in writing and endorsed by the MTDSG.
2. The wording of the introductory page that will be seen by users of the process on-line
would be agreed by the MTDSG.
3. That reports would be produced for
•
•
•
•
Individual members
Cabinet members
Each political group
New Members
4. that individual members of the MTDSG would discuss how best to explain the
benefits of using the Members portal to members of their political group with the
leaders of their political group and that the discussion should confirm:
•
•
That individual members should be encouraged to use the portal;
The potential benefits of using the portal to the Council, political groups and
individual members;
Member Training, Development and
Support Working Group
3
22 May 2012
11
•
•
•
•
How the portal operates;
How the installation will be rolled out and how members will initially engage
with the process;
How members who after using the portal will be provided with feedback;
How members will be provided with information relating to the portal;
6. TO REVIEW THE ACTION LIST AND WORK PROGRAMME
a) Emma Denny advised that an article had been placed in the Members’ Bulletin
regarding the PDP process.
b) It was agreed not to invite a representative from Broadland District Council to
discuss the Member Charter as the Group did not feel that it would be beneficial at
this stage.
c) Mary Howard said that she would like to circulate Member role descriptions to
Cabinet and political group leaders for feedback before adding them to the work
programme
d) Rod Lee agreed to check why the e-training for Members on data protection had not
been organised
Rod Lee stressed the importance of focussing on the Member Charter in the short-term
to ensure the schedule did not slip. Emma Duncan said that it was important to consider
who would be taking responsibility for doing the work required to achieve the Charter. It
was agreed that Rod Lee and Mary Howard would discuss this with Julie Cooke.
Mary Howard said that she would organise the dates for the IT sessions on the Members
Portal and notify Members by email.
The Meeting closed at 11.55 am
_____________________
Chairman
Member Training, Development and
Support Working Group
4
22 May 2012
12
JOINT STAFF CONSULTATIVE COMMITTEE
Minutes of a meeting of the Joint Staff Consultative Committee held in the Committee
Room, Council Offices, Holt Road, Cromer on 25 June 2012
Members Present:
Mrs S A Arnold
Mr P W High
Mr K E Johnson
Mrs B A McGoun
Staff Side Present:
Mr S Case
Mr A Mitchell
Officers in Attendance:
The Head of Organisational Development and the
Democratic Services Team Leader.
1
Mr P Godwin (Chair)
ELECTION OF CHAIR
It being the first meeting of JSCC of the municipal year the appointment of a
Chairman was necessary. The Chairmanship alternated between the Members and
the Staff Side. This year it was the turn of the Staff Side.
It was proposed by Mr A Mitchell, seconded by Mr P W High and
RESOLVED
that Mr P Godwin be elected Chair for the ensuing year.
2
APOLOGIES FOR ABSENCE
Apologies were received from Mrs H Eales.
3
MINUTES
The minutes of the meeting of the Joint Staff Consultative Committee held on 26
March 2012 were approved as a correct record, after the following amendments
which were proposed by Mrs S Arnold, seconded by Mrs B A McGoun and agreed:
Page 2, d) Options for Implementation: the second sentence to read “Of the 2 options
UNISON preferred model B, although they didn’t agree with either model.”
Page 3, j) Recommendations: the first paragraph to read “Whilst UNISON did not
agree to either model of the 2 options model B was preferred. The Committee,
having considered the recommendations, asked that their comments should be
forwarded to Full Council”.
4
JSCC UPDATE
Car Allowances: the Head of Organisational Development would look at Car
Allowances after October.
5
ITEMS OF URGENT BUSINESS
None
6
JSCC
DECLARATIONS OF INTEREST
1
13
25 June 2012
The Staff Side declared personal interests in item 7, Pensions, Retirement and
Discretionary Compensation Payments Policy Statements.
7
PENSIONS, RETIREMENT AND DISCRETIONARY COMPENSATION PAYMENTS
POLICY STATEMENTS
Since 1997, the Local Government Pension Scheme (LGPS) had required the
Council to issue a written policy statement on how it would exercise the various
discretions provided by the scheme; to keep it under review; and to revise it as
necessary.
The policy to date had been to review and amend the rate annually at the start of the
financial year and for this rate to remain in place regardless of any changes which
took place to the employee’s salary during that year. The revised policy
recommended a change to that discretion to enable the Council to reassess the
contribution band where an employee received an increase or decrease in their
salary during the course of the year (whether as a result of job evaluation, a
promotion or some other reason) and this involved them moving into a new salary
grade and where appropriate to pay a revised contribution rate.
There had been two changes to the document. A paragraph referring to the
employee’s 75th birthday had been removed because it was no longer relevant.
Section 4 had been refreshed to reflect changes made at Full Council.
RESOLVED
That the revised policy is recommended to Full Council for approval.
8
UPDATES
Management Restructuring
The Head of Organisational Development read an email from the Chief Executive
which had been sent to all Staff on 22 June 2012.
The email was discussed:
a) Some posts were being recruited externally because CLT felt that they could not
be recruited at this time. Internal candidates could re-apply.
b) There would be a ripple-down effect as each head of service looked at how to
deliver their service. UNISON was concerned that staff morale would become
lower as the process was protracted.
c) UNISON had concerns about the number of fixed term contracts in the
organisation. The Head of Organisational Development estimated that there were
10 -20 such contracts. This was usually for a good reason and sometimes it was
funding driven. Every fixed term contract was reviewed by the service manager
and was subject to job evaluation. UNISON asked for a list of fixed term
contracts.
d) In response to a question from UNISON the Head of Organisational Development
confirmed that every manager had been asked to look at how best they could
deliver their service and this could involve Shared Services or “outsourcing”. If
either case was a possibility early consultation would be essential. It was agreed
that this would take place.
Pay and Grading
The majority of contracts had been issued. The only exceptions were SMT contracts
because the restructuring was ongoing. The Head of Organisational Development
JSCC
2
14
25 June 2012
was meeting this week with those staff on Grade 6. The sign-up period ended at the
end of the week.
The meeting concluded at 3.15 pm.
_______________
Chairman
JSCC
3
15
25 June 2012
Agenda Item No____10________
TREASURY MANAGEMENT – INVESTING IN POOLED PROPERTY FUNDS
Summary:
This report provides further details on an investment
option offering enhanced returns above term deposits,
money market funds and bonds which are currently
used by the Council for the investment of its surplus
funds.
Options considered:
Investment in other types of pooled investment funds
has been considered, together with a continuation of the
current strategy of only investing in cash orientated
investments, but these options do not offer the potential
of a higher return for the Council when compared to the
pooled property funds recommended below.
Conclusions:
The outlook for the credit ratings of the institutions used
by the Council remains uncertain. The number of
institutions appropriate for investment is restricted, and
will potentially shrink further in the future. Interest rates
and investment returns are likely to remain low for a
long time to come, and it is appropriate that the Council
considers alternative asset classes for its investments.
Recommendations:
That delegated powers be given to the Portfolio
Holder for Resources and the Section 151 Officer to
invest in the Local Authorities Property Fund
(LAMIT) and Aviva Lime Property Fund as
appropriate.
Reasons for
Recommendations:
To diversify the Council’s investments and secure a
higher return than existing investments.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
Arlingclose Member Presentation to Cabinet 24 June 2012 (copy of presentation slides)
Arlingclose Investment Update 2012-09-14 - Property
Cabinet Member(s)
Ward(s) affected
Wyndham Northam
All
Contact Officer, telephone number and email:
Tony Brown 01263 516126
tony.brown@north-norfolk.gov.uk
16
1.
Introduction
1.1
Cabinet recommended at its meeting on 11 June 2012 that Full Council be
asked to resolve that “That when appropriate, consideration be given to a
proportion of the investment portfolio being invested in the LAMIT and Lime
Property Funds”.
1.2
Subsequently Scrutiny, on the 26 June 2012, recommended to Full Council
“that when appropriate, and after further discussion at Cabinet, consideration
be given to a proportion of the investment portfolio being invested in the
LAMIT and Lime Property Funds”.
1.3
This report gives members the opportunity to further consider investment in
these funds.
2.
Property - An Alternative Investment Asset Class
2.1
The Council’s treasury advisors, Arlingclose, are suggesting the Council looks
at alternative asset classes for longer term investment balances. The credit
outlook remains challenging; the number of institutions accepting term
deposits is restricted and will potentially shrink further in the months and
years ahead. They believe that we are likely to remain in “lower for even
longer” interest rate environment and this will mean returns from the cash
orientated assets, which the Council currently uses, will remain low.
2.2
The Council could increase the maximum exposure limits to the remaining
approved financial institutions, or it could revise the minimum credit
thresholds lower than the current minimum acceptable long-term credit rating
of A- (or equivalent). This however would mean the threshold would then be
just above the rating which signifies sub-investment status.
2.3
Arlingclose do not believe these options are acceptable solutions. To ease
pressure on the investment counterparty list and to diversify investments
away from financial institutions, the Council should consider property as an
alternative to cash for a proportion of its long-term balances.
3.
Property Investment
3.1
For investment purposes, property usually consists of the commercial sectors
of office, retail and industrial property. Owning property provides not only a
physical asset and the rights to land, but also entitles the owner to the future
income streams from the asset. Rental income provides relatively stable
returns, as rents on commercial and industrial property are generally set for
many years.
3.2
Property investments would provide the Council with an opportunity to
diversify its investments which helps to reduce risk. It would be a useful
addition to the portfolio and could help to smooth out overall investment
performance by delivering good returns at times when other asset classes are
not performing so well.
3.3
Over the long-term a large proportion of the total return from property is
derived from income. Whilst capital growth has been volatile in recent years,
income is far more stable and predictable. If a longer view is taken (4-5
years), the overall performance becomes less volatile.
3.4
The main issue to consider when investing in property is illiquidity, caused by
the delay in the sale/purchase process. In difficulty market conditions,
property valuations can be volatile and lag behind market prices. Sellers can
17
then be reluctant to sell at what they believe is not the correct value, and this
can extend the time it takes to buy and sell property.
4.
Investment in Pooled Property Funds
4.1
Local authorities have for many years invested in property by directly
purchasing properties, but a simpler and more efficient route would be to
invest in an appropriate property unit trust.
4.2
Funds such as the Local Authority Mutual Investment Trust (LAMIT) Property
Fund, managed by CCLA (Churches Charities & Local Authorities), and the
Lime Property Fund, managed by Aviva, are two examples that the Council’s
treasury advisors, Arlingclose, believe present an appropriate opportunity.
4.3
The LAMIT fund would give the Council an exposure to a diversified portfolio
of commercial property throughout the UK, without the issues of maintenance,
management and repairs if it were to own the property directly. The fund
typically yields in the order of 5.5 - 6% pa. It is an actively managed property
fund which means the fund managers have the potential for growth in the
income as, over time, higher rents can be achieved by buying properties in
areas where demand is growing, by adjusting the exposure to different areas
of the market (i.e. retail units to say office units) and by improving the quality
of the properties. Due to its active management style, the returns can be
more volatile as it is more likely to have void periods (when no rental income
is being earned on a property) than a passively managed fund.
4.4
Investment in the LAMIT fund is not capital expenditure under the Capital
Finance Regulations (SI 2010 No 454), whereas the Lime fund is capital
expenditure. This effectively means that any investment in the Lime Fund
would have to be financed from capital receipts.
4.5
The Lime Fund focuses on securing long-term cashflows from lettings to high
quality tenants in the corporate and public sectors. It invests in a range of
property assets including healthcare, education, libraries, offices and retail.
On average the unexpired lease term for properties will be at least 15 years.
The fund is more passively managed than the LAMIT fund aiming to return a
margin above the 15 year+ Gilt Index, therefore the returns are less volatile
and typically between 4% and 5%. Investment in the Lime fund would be a
capital investment.
4.6
Shares in the LAMIT fund can be bought or sold on any monthly valuation
date (last date of the month). However, redemptions may take longer
depending on the size of withdrawal. Shares in the Lime fund can be
redeemed annually (31 December) and requires the investor to provide at
least 6 months’ notice for redemption.
4.7
Fees and other costs: As with most pooled funds, the LAMIT and Lime fund
have bid/offer spreads (the difference between the selling and buying price).
The spread on the LAMIT fund is currently being waived and the Council will
be able to purchase at the bid price, i.e. the lower selling price. The bid/offer
spread on the Lime fund is 5%. The management fee on the LAMIT fund is
0.65% p.a. and that on the Lime fund is 0.40% p.a.
4.8
The Council’s treasury advisors, Arlingclose, suggest that £5m is a suitable
initial size of investment for NNDC to make into a property fund. For a deposit
18
of this size, they do not think it would be worth diversifying amongst two
funds, and are inclined to suggest the Council invest with the LAMIT Fund to
benefit from the opportunity to buy at the bid rate. Depending on the amount
available for investment in the future, an additional allocation could be made
to property at a later date though the Lime Fund.
4.9
The characteristics and further details on each of the funds are set out in
Appendix A. The income distribution figures shown are indicative only and the
distribution could be lower.
5.
Conclusion
5.1
Property is by nature an illiquid investment and because of this and its volatile
capital valuations, the minimum investment period should be considered as 4
to 5 years. It is an attractive asset class of investment for long-term strategic
cash (i.e. funds which are not required to meet short and medium term cash
flow needs) given the potential for high, and stable, income returns. With a
“lower for even longer” interest rate forecast and the negative outlook for
financial institutions, investment in pooled property funds offer an appropriate
non-cash investment option for a proportion of longer-term surplus funds.
6.
Implications and Risks
6.1
The implications and risks of investing in these funds have been set out in the
body of the report.
7.
Financial Implications and Risks
7.1
The Council needs to be confident that cash invested in the funds will not be
required at short notice, or within the next 4 to 5 years. The fund manager
might have to wait until other funds flow into the fund from other investors, or
even sell properties held by the fund, before being able to return the Council’s
investment.
7.2
In the case of the LAMIT fund, the volatility in the valuation of the investment
will be managed through the “Available for Sale Reserve”. There will
therefore be no impact on the Council’s revenue account for the day to day
fluctuations in the value of the investment. It is not until the investment is sold
that any gain or loss on the principal sum invested will be recognised in the
revenue account.
7.3
An investment in the Lime fund is a capital investment. When the asset is
sold it would generate a capital receipt which again will result in a capital gain
or loss at the time of the sale.
7.4
In accordance with Investment guidance issued by DCLG and best practice,
the Council’s primary investment objective remains security of the principal
sum invested. Liquidity and yield are important but secondary considerations.
The current returns on cash orientated investments are below inflation,
thereby eroding the principal value of the investments, and this is a situation
which is likely to continue for some considerable time to come. Investment in
these funds helps meet the requirement of the Guidance to protect the value
of the sum invested over the long-term.
7.5
The 2012/13 Budget anticipates a return of 1.03% from the investment of
surplus funds earning £268,000 in interest. Appendix A shows that if the
council were to invest £2.5m in each of the funds as an example, it might
potentially earn an additional £180,000 in interest in the first year. Shares in
the fund are bought and sold by the fund managers at different prices (the Bid
and Offer price) which change over time. At the moment there is a 5% charge
19
to purchase shares in the Lime fund, which (for an investment of £2.5m)
would result in an initial charge of £125,000 to the Available for Sale Reserve.
7.6
The returns from this type of investment can fluctuate over time and it would
be appropriate to establish a Reserve which could be used to smooth out the
return to the Revenue Account. When the fund is performing well, it would be
prudent to transfer funds to the Reserve, and conversely, if there are times
when the fund is not performing so well, a transfer could be made from the
Reserve to maintain the return in the Revenue Account.
8.
Sustainability - None as a direct consequence from this report.
9.
Equality and Diversity - None as a direct consequence from this report.
10.
Section 17 Crime and Disorder considerations - None as a direct
consequence from this report.
20
Appendix A
SUMMARY OF FUND CHARACTERISTICS
Fund
Minimum
Investment
The Local Authorities’ Mutual
Investment Trust (LAMIT)
£250,000
Aviva Lime Property Fund
£1,000,000
Redemption
Terms
Management
Fees
Last day of each
month (may be
deferred at
managers
discretion)
31st December
each year with 6
months’ notice
0.65% per
annum of sum
invested –
deducted from
interest payment
0.4% per annum
of sum invested
– deducted from
interest payment
Interest
(Revenue
Receipt)
Paid quarterly
Revenue (a)
5.5% to 6% per
annum
Paid Quarterly
Capital (b)
4.0% to 5.0%
per annum
Principal
Invested
Anticipated
Return (interest)
(a) This is not capital expenditure by it being given explicit exception to Regulation 25 (see below) by the Local Authorities (Capital Finance
and Accounting) (Amendment) (England) Regulations 2010 (SI 2010 No.454) which states that the acquisition of shares in an
investment scheme approved by the Treasury under section 11 (1) of the Trustee Investments Act 1961 shall not be treated as capital
expenditure.
(b) This is capital expenditure under Regulation 25 (1) (d) of the Local Authorities (Capital Finance and Accounting) (England) Regulations
2003 (SI 2003 No. 3146) – i.e. the acquisition of share capital or loan capital in any body corporate.
ESTIMATED ANNUAL REVENUE RETURN
Fund
Amount
Invested
Interest per
annum
Management
Fees
The Local Authorities’ Mutual
Investment Trust (LAMIT)
£2,500,000
£143,750
(at say 5.75%)
£16,250
£127,500
Additional Interest
above Budgeted
return of 1%
£102,500
Aviva Lime Property Fund
£2,500,000
£112,500
(at say 4.5%)
£10,000
£102,500
£77,500
Note: These figures are an indication only and actual returns will be different.
21
Net Interest
Agenda Item No______11______
North Norfolk Housing Strategy 2012-2015 (Supporting Vulnerable People to
Live Independently within the Community)
Summary:
The North Norfolk Housing Strategy 2012-15 consists of
3 separate documents reflecting the key areas of
supporting the delivery of new housing and
infrastructure, making the most effective use of the
existing housing stock and supporting independence.
The first two documents have been completed and
considered by Cabinet. The final document considers
how vulnerable people can be supported to live
independently within the community and contains a
detailed action plan for the period 2012-15.
Options considered:
1: Do nothing. This option was discounted as the
Housing Strategy is to consist of 3 separate documents
of which 2 have been considered by Cabinet. The
Housing Strategy will be incomplete if the third
document is not produced.
2: Complete the third document. This option was
adopted as ensures that the Housing Strategy is
completed and the needs of vulnerable households are
considered and can be addressed.
Conclusions:
The North Norfolk Housing Strategy 2012-15 is a suite
of 3 documents which address the following specific
areas:
• Supporting the delivery of new homes and
infrastructure
• Making the best use of the existing housing
stock
• Supporting Vulnerable People to Live
Independently within the Community.
Each document sets the context for the area it relates to
and includes a dedicated action plan. The third
document has now been completed and is presented to
Cabinet prior to adoption by the Council.
Recommendations:
Cabinet recommend the adoption of the North
Norfolk Housing Strategy (Supporting Vulnerable
People to live independently within the Community)
to Full Council.
Reasons for
Recommendations:
To adopt the final document in the suite of 3 which
together form the North Norfolk Housing Strategy 201215. Each document concentrates on a specific area and
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has an action plan.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
North Norfolk Housing Strategy 2012-2015 (Supporting Vulnerable People to Live Independently within
the Community)
Cabinet Member(s)
Ward(s) affected All
Contact Officer, telephone number and email: Karen Hill, 01263 516183,
Karen.hill@north-norfolk.gov.uk
1.
Introduction
1.1
A Housing Strategy is a comprehensive document which sets out the
Council’s approach to both the existing supply of homes and the provision of
new homes. It aims to ensure that housing needs across the district in terms
of both market and affordable homes can be met and that residents in the
district can live independently in good quality, safe and secure homes for as
long as possible.
1.2
The Housing Strategy has previously been one document which has tried to
meet all of these requirements but has often concentrated too much on one
area at the expense of another and the delivery of market housing has often
not been included. To ensure that the Housing Strategy is a fit for purpose
document which sets out a clear vision for the district and has challenging but
achievable actions to the deliver the vision a new approach for the 2012-15
Housing Strategy has been adopted and the Housing Strategy now consists
of a suite of 3 documents which consider the following 3 areas:
• Supporting the delivery of new homes and infrastructure
• Making best use of the existing housing stock
• Supporting Vulnerable People to Live Independently within the
Community.
The new approach reflects the need to ensure that the Housing Strategy is
reflective of the Council’s corporate ambition and objectives and supports the
delivery of the Corporate Action Plan.
1.3
The vision for the 2012-15 Housing Strategy is that “everyone in North Norfolk
should have the opportunity to buy or rent a decent home at a price they can
afford, in a community where they want to live or work.” The new Housing
Strategy will through the action plans seek to deliver this vision.
2.
North Norfolk Housing Strategy 2012-2015 Supporting Vulnerable People
to Live Independently within the Community
2.1
This document considers the needs of vulnerable households and how the
provision of housing or housing and support can ensure that they are able to
remain or start to live independently within the community. It identifies the
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different housing and housing support needs of a range of households such
as the elderly, the young, disabled or people with a mental health problem or
learning difficulty. Finally the document includes a detailed action plan which
outs specific actions which will be undertaken to address the needs of
vulnerable households.
3.
Options Considered
3.1
Option 1: Do nothing. This option was discounted as the Housing Strategy is
to consist of 3 separate documents of which 2 have been considered by
Cabinet. The Housing Strategy will be incomplete if the third document is not
produced
3.2
Option 2: Complete the third document. This option was adopted as ensures
that the Housing Strategy is completed and the needs of vulnerable
households are considered and can be addressed.
4.
Conclusion
The North Norfolk Housing Strategy 2012-15 is a suite of 3 documents which
address the following specific areas:
•
Supporting the delivery of new homes and infrastructure
•
Making the best use of the existing housing stock
•
Supporting Vulnerable People to Live Independently within the
Community.
Each document sets the context for the area it relates to and includes a
dedicated action plan. The third document has now been completed and is
presented to Cabinet prior to adoption by the Council.
5.
Implications and Risks
If the Council does not have a Housing Strategy it may not deliver its ambition
and may not deliver against the housing actions contained in the Corporate
Action Plan 2012-13.
6.
Financial Implications and Risks
There are no specific financial implications related to the Housing Strategy.
There may be financial implications linked to individual actions but these will
be considered as the actions are taken forward.
7.
Sustainability
The actions currently undertaken or proposed to be undertaken as part of the
third part of the Housing Strategy will ensure that vulnerable households are
sustained to live independently.
8.
Equality and Diversity
There are no specific equality and diversity implications related to the Housing
Strategy. An Equality Impact Assessment will be undertaken as appropriate
on any policies developed as a result of the strategy.
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9.
Section 17 Crime and Disorder considerations
There are no specific Section 17 Crime and Disorder considerations related to
the Housing Strategy. The Section 17 Crime and Disorder Implications will be
considered as appropriate in the development of any policies arising from the
strategy.
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North Norfolk Housing Strategy 2012-2015
(Supporting Vulnerable People to Live Independently
within the Community)
Foreword
The Council has set itself an ambition that ‘everyone in North Norfolk should
have the opportunity to buy or rent a decent home at a price they can afford,
in a community where they want to live or work’. Some residents in North
Norfolk will need support in order to achieve this and there will need to be a
range of housing provision and support to meet the diverse needs of the
district’s residents, this document considers these needs.
Ensuring that vulnerable people can live independently within the community
with appropriate support is an increasingly challenging agenda in the current
economic climate and at a time of diminishing resources for the provision of
public services. There are however some opportunities:
• Pooling or aligning budgets
• Shared services and partnership approaches
• Engaging with Locality Commissioning (Primary Care Trust, Norfolk
County Council and North Norfolk Clinical Commissioning Group).
• Supporting residents into work to reduce benefit dependency
• Community groups and organisations delivering services (including
through the Community Right to Challenge).
Research has demonstrated a pivotal link between poor housing condition
and ill health and ill health is very often a factor in social deprivation. The
potential for delivering significant improvements in health and well-being and
significant financial savings to health and social care commissioners through
investment in housing is relatively untested but offers a real opportunity to
improve outcomes in a cost effective way.
Introduction
Purpose of document
This document is the third in a suite of three that have been developed and
which together outline the Council’s strategic approach to housing to meet our
ambition that:
‘everyone in North Norfolk should have the opportunity to buy or rent a
decent home at a price they can afford, in a community where they
want to live or work’
This document outlines the Council’s strategic approach to supporting
residents to live independently and is supported by the Housing Enforcement
Policy, Housing Renewal Policy, Housing Register Policy and allocations
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policies (Allocations Scheme) as well as the Homelessness Strategy and
includes the following:
• Background
• Meeting the housing and housing related support needs of vulnerable
people: older people, people with a physical disability, people with
mental health problems, people with learning difficulties and severe
sensory impairment, people at risk of or recovering from domestic
abuse, young people (16 and 17 year olds), teenage parents, Gypsies
and Travellers, vulnerable homeless people and ex-offenders
• Action Plan
Background
The majority of people are able to live independently without any need for
assistance. However, some people will need help in finding suitable
accommodation, others will need support whilst they learn the skills required
for independence, some will require support on an on-going basis and others
will need support to address a reduction in mobility or health or following
bereavement. The amount of support required will vary with some requiring
short term or low level assistance whilst others require a significant amount of
support or support over the long term. Support services are provided by a
wide range of different agencies including the district council. The Council will
need to use its influence to ensure that the available services meet the needs
of the district’s residents and that these dovetail with and compliment the
services provided by the Council avoiding unnecessary duplication and
inefficiency.
Supporting People a national programme administered by top tier authorities
for the commissioning and regulation of housing related support services was
set up in 2003. This programme was integrated into the joint commissioning
arrangements for community health and social care in April 2011 and is
expected to be integrated into the Clinical Commissioning Group locality
structures in April 2013. The Supporting People budget for Norfolk in 2012/13
is a little over £15m and funds a wide range of accommodation based support
services and housing related support services across the county including a
range of services in the North Norfolk district. The district Council is
represented on a county wide multi-agency, multi-disciplinary Commissioning
Body and discussions are on-going to develop a similar decision making body
in preparation for the move towards locality commissioning.
The District Wide Housing Needs Survey undertaken in 2006/07 showed that:
• 23% of households in the district had one or more members with a
defined support need (in similar surveys elsewhere this has been 1314%)
• 19% of households had one member with a support need whilst 3%
had two members with a support need and a further 1% had more than
two members with a support need
• 14% of households had a member with a single support need whilst
8% of households had a member with multiple needs.
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•
•
•
•
•
•
•
•
•
14% of households had a member with a physical disability
11% of households had a member who was frail elderly
4% of households had a member with a mental health problem
1% of households had a member with a severe sensory disability
1% of households had a member with a learning difficulty
3% of households had a support need not falling into one of the above
categories.
Households with support needs are much more likely to live in
unsuitable housing (12%) compared to households who do not have
support needs (4%)
37% of households living in the social rented sector have a support
need compared to 23% across all tenures
Only 23% of the households with a support need live in properties that
have been specifically adapted for a disabled member.
The Stock Condition Survey also undertaken in 2006/07 identified that 7% of
the occupied stock in the district had been adapted.
The Housing Needs Survey identified that only 8% of households stated they
needed to move to alternative housing with specialist adaptations, other
needs identified were for adaptions to the current property, emergency alarm
services or support services.
Meeting the housing and housing related support needs of
older people
The 2011 Census shows that 29% of the population of North Norfolk is aged
65 or above, the third highest nationally. This has significant implications for
the demand for support and personal care services to enable older people to
remain independent.
In recent years older people in need of personal care services have had little
option but to move into residential care or nursing home establishments. More
recently however there has been shift towards enabling people to live
independently in their own homes with care being provided and funded
through personal budgets and this is likely to continue. This is supported by a
range of housing options such as retirement housing (older person only
schemes which may be for purchase or rent and may or may not have a
housing support service provided although the majority of schemes for rent do
provide a housing support service funded by Supporting People) and Housing
with Care (older person housing where the resident must have a need for
personal care which can be for sale or rent).
In North Norfolk, there is range of retirement housing for rent or sale (some of
the properties for sale are entry level and some are at the top of the housing
market). The 2 Housing with Care schemes are for rent only and do not have
any provision for older people with dementia. Norfolk County Council has an
aspiration to deliver a further 150 Housing with Care units in the district to
replace residential care homes and to meet on-going newly arising needs to
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2020 and these will offer accommodation for purchase and rent and include
provision for older people suffering with dementia. The Council will work with
Norfolk County Council in the joint commissioning and enabling of any new
Housing with Care schemes.
The specification for the retirement homes for rent which provide a housing
support service to residents (generally called sheltered housing) has recently
been revised to provide consistency of service across Norfolk with a
maximum level of support now being funded through Supporting People. Most
service providers have aligned their services in line with the funding now
available. The largest provider in the district has however decided to cease
providing its support service and Norfolk County Council is currently procuring
a new service provider in line with the funding available. An officer from the
Council is advising on the procurement process and will be involved in the
tender evaluation.
The Supporting People funding for sheltered housing was reduced in order to
reinvest the saving in the commissioning of a community based
outreach/floating support service for older people across Norfolk. Services
have recently been procured and the service covering North Norfolk is being
provided by the British Red Cross from September 2012. An officer from the
Council was involved in the tender evaluation.
The Council was involved in the multi-agency development and delivery of the
county-wide Warm and Well project over the last winter. This project was
targeted at older people with the objective of reducing excess winter deaths.
This project was delivered in conjunction with the Council’s Stay Warm and
Cosy scheme which offers advice, information and guidance to residents of
the district to improve the energy efficiency of their homes and alleviate fuel
poverty. A further bid to the Warm Homes Healthy People Fund to deliver the
Warm and Well project over the coming winter is currently being developed.
The Council is currently reviewing its Housing Renewal Policy and as part of
this will seek to develop a scheme of financial assistance including small
targeted grants and loans to assist vulnerable home owners (many of which
will be elderly) to maintain their homes with a focus on alleviating fuel poverty.
The Council and Norfolk County Council (through Supporting People) jointly
fund the South Norfolk Care and Repair service to provide a Home
Improvement Agency Service delivered by a case worker based alongside the
Council’s Housing Team. This service is primarily used by older people.
Meeting the housing and housing related support needs of
people with a physical disability
The Council has a statutory duty to provide assistance with the funding of
adaptations for disabled people through Disabled Facilities Grant. The Council
receives a contribution towards the cost of the works from Government which
on average has met 50% of the overall cost of the grants given in recent
years. The Council has undertaken a significant amount of work in recent
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years to improve the service and outcomes more generally for disabled
people approaching the Council for assistance. It has streamlined the
Disabled Facilities Grant process and has led on the development of a
County-wide project to further streamline processes, improve systems and
ensure consistency of delivery. The project has resulted in a proposal to
develop Integrated Housing Adaptation Teams bringing together relevant
officers from the district Councils, County Council and Home Improvement
Agency caseworker located in the districts. The team for North Norfolk is
expected to be in place by the end of 2012.
The Council in partnership with the largest social housing provider in the
district has developed the Independent Living Service. The Council provides
funding to the provider which is match funded and used to deliver either minor
and major adaptations or alternatives such as meeting the costs of relocation
to meet the needs of their tenants thus avoiding the need to apply for a
Disabled Facilities Grant. Any works would be undertaken by contractors
employed and managed by the provider to a standard determined by the
provider. It is expected that any works needed would be delivered quicker and
that efficiencies could be negotiated with the contractor. It is in the best
interests of the provider to deliver a good service and achieve high levels of
satisfaction. The service has been running for over a year now and is in the
process of being reviewed. The Council is keen to develop similar
arrangements with other social housing providers as an alternative to the
Disabled Facilities Grant process.
The Council will where appropriate, propose relocation where this will best
meet the needs of a disabled person and their household. The Council
identifies the level of need for adapted and fully wheelchair accessible
properties, through the Your Choice Your Home scheme and seeks to meet
this need, along with other identified needs, in development proposals. In
addition the Council has developed the Your Choice Your Home scheme to
identify adapted properties at the advert stage and where appropriate priority
will be given to disabled applicants for such properties. The County-wide
project is also looking at the development of an Adapted Housing Register.
Under the Government’s Welfare Reforms no account will be taken of the
need for a disabled person to have their own bedroom and sleep separately to
their partner or for the need for additional space for equipment. Any shortfall
in rent could be made up from Discretionary Housing Payments but these are
not meant to be provided on a long term basis. It is possible that the reforms
may reduce the housing options available to disabled people. The Council will
provide support to disabled tenants and applicants to ensure they can access
the most appropriate accommodation available.
Meeting the housing and housing related support needs of
people with mental health problems
The housing related support needs of people with mental health problems are
generally met through the generic floating support service provided county5
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wide by Stonham. Where a person requires specialist support they can be
referred by Stonham to the service provided by Julian Support.
The Council makes a small contribution from its Homelessness Prevention
Grant to the funding of the Hospital Link Worker Service provided by Julian
Support. This service supports people who are being discharged from
Hellesdon Hospital to re-establish themselves in the community and to avoid
homelessness (in particular rough sleeping).
Meeting the housing and housing related support needs of
people with learning difficulties and severe sensory
impairment
There are a number of small supported housing schemes in the district for
people with learning difficulties which were specifically commissioned to meet
the needs of those who had been in long term institutional settings such at
Little Plumstead Hospital. A further scheme was developed to meet the needs
of those being rehoused from Meadow Cottage in Overstrand. Referrals into
these schemes will come direct from Norfolk County Council.
It is understood that there is a high number of people with learning difficulties
in the district who are living with older carers (generally parents) and it is
thought that most could live independently in the community with support.
Strategic reviews have been undertaken of the services for people with
Learning Difficulties and as a result services across the county are being
remodelled and savings being released will be used to commission floating
support services for this group.
There is no specific supported housing provision for people with a severe
sensory impairment and due to the low prevalence and high needs of this
group provision tends to be commissioned to meet the needs of a larger
catchment area than district level.
Meeting the housing and housing related support needs of
people at risk of or recovering from domestic abuse
The Council enabled the provision of a domestic abuse refuge in the district in
recent years. This facility is linked to the national support service for victims of
domestic abuse and will accept referrals from across the country. Victims of
domestic abuse from North Norfolk will also be able to access the network of
refuges across the country.
Housing related support can be provided to victims of domestic abuse through
the Stonham service.
The Council will consider on a case by case basis using its Homelessness
Prevention Funding to carry out security measures to homes of those at risk
of or recovering from domestic abuse.
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The Council is a partner in multi-agency public protection arrangements and
will attend case conferences to seek solutions for those at risk of domestic
abuse and to ensure the safety of the wider public.
Meeting the housing and housing related support needs of
young people (16 and 17 year olds)
The Council led on the development of the county-wide strategy for young
people ‘Routes to Independence’ and subsequently on the development and
launch of the Joint Protocol for Young Homeless People and Care Leavers.
The Council works closely with Children’s Services to find solutions for young
homeless 16 and 17 year olds and will where appropriate undertake joint
assessments. The Council will also assist in the rehousing of Care leavers
and contribute to pathway planning.
Meeting the housing and housing related support needs of
teenage parents
There is no specific supported accommodation for teenage parents in the
district. Lone teenage parents should not be housed independently without
support. The Council will refer teenage parents who are 16 or 17 to Children’s
Services for assessment. Where the Council has a duty to house a lone
teenage parent a referral to the Stonham service will be made to ensure that
support is provided.
Meeting the housing and housing related support needs of
Gypsies and Travellers
The Council does not have any permanent publically managed Gypsy and
Traveller sites in the district. Past assessments have not identified a need for
such provision. The Council has however provided two Short Stay Stopping
Places for Gypsies and Travellers coming to the district for a visit. The Council
occasionally receives applications from Gypsies or Travellers for
consideration for permanent rehousing. The Ormiston Trust has been
commissioned to deliver a county-wide support service to members of the
Gypsy and Traveller community.
A Gypsy and Traveller Strategy for Norfolk and Suffolk has been developed
which the Council has been asked to endorse.
Meeting the housing and housing related support needs of
vulnerable homeless people
The Council has a statutory duty to prevent homelessness. In addition the
Council has a statutory duty to provide accommodation to households who
are homeless and in priority need which includes those who are deemed to be
vulnerable. The Council will not have a duty to provide accommodation to all
homeless people but has a duty to provide advice and assistance in all cases.
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It is likely that all homeless people regardless of whether they are vulnerable
will require some form of support to find alternative accommodation.
The Council offers a range of accommodation options through the Your
Choice Your Home scheme and will offer support where required to applicants
to access these options. The Council has a Homelessness Prevention Fund
and will offer financial assistance to those who are homeless or who are at
risk of homelessness where the Council would have a duty to provide
accommodation. This can take the form of a loan for rent in advance or a
deposit or in some cases a loan to pay off rent or mortgage arrears to prevent
homelessness.
The Government has provided £352,000 to be administered by the Borough
Council of King’s Lynn and West Norfolk to develop services across Norfolk
and Waveney to support the Government’s No Second Night Out policy to
reduce rough sleeping. The Council will work with the Norfolk authorities and
Waveney District Council to develop services to meet this objective.
There are a number of supported housing schemes in the district for young
homeless people aged 16-25 and a supported housing scheme for other
homeless people 25 and over. None of these services are direct access and
anyone homeless in an emergency who is not entitled to accommodation
provided by the Council would have to look to direct access provision in
Norwich, Great Yarmouth or King’s Lynn.
The Council supports the multi-agency Anti-Social Behaviour Action Group
and encourages partners to identify ways in which perpetrators of low level
anti-social behaviour can be supported particularly where lack of suitable
housing may be a factor in their behaviour.
The Council will work with agencies through the Common Assessment
Framework process to identify ways in which families can be supported to
sustain their accommodation and will look to services such as the Families
Intervention Project delivered through Stonham to get involved where there
are particularly complex needs. The Council will work with Norfolk County
Council and other partners to deliver the Government’s Troubled Families
programme.
The Council’s Homelessness Strategy will be reviewed to take account of the
new Housing Strategy.
Meeting the housing and housing related support needs of exoffenders
There are no specific supported housing schemes for ex-offenders in the
district. The supported housing schemes in the district for homeless people
will also be able to support ex-offenders who are homeless. In addition the
services developed using the funding from Government to deliver the No
Second Night Out policy objectives are likely to include a focus on supporting
ex-offenders.
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Action Plan
The Council will take the following actions to help ensure households have
access to the information, advice and support they need to access and
maintain independent housing or supported housing.
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Supporting Vulnerable Residents to Live Independently in the
Community Action Plan
Actions
Outcome
Timescale
Lead Officer
Ensure that the
changes to the
Allocations Scheme
delivers the objectives
of the strategy to
support vulnerable
people to live
independently within the
community
Supporting
vulnerable people to
live independently
within the
community
31 December
2012
Housing Services
Manager
Consider how the
support offered by the
Council to residents to
access learning and
employment
opportunities can
dovetail with the
support offered by the
Council to residents in
accessing housing
opportunities with a
particular emphasis on
mitigating the impact of
Welfare Reforms and
supporting Tenancy
Reform
Supporting
30
(vulnerable) people September
to live independently 2013
within the
community and
supporting residents
to access housing
options in line with
their aspirations
Head of
Customer
Services and
Head of
Economic and
Community
Development
Work with the Council’s
Revenues and Benefits
Team to support
vulnerable residents to
mitigate against the
impact of Welfare
Reforms and the
implementation of the
Local Council Tax
Support Scheme and to
ensure where possible
that residents do not
find themselves at risk
of homelessness
Ensure policies are
developed which
support
homelessness
prevention including
Local Council Tax
Support Scheme
and Hardship
Fund/Discretionary
Housing Payments
Policy/
Homelessness
Prevention Fund
and Allocations
Head of
Customer
Services,
Housing Services
Manager,
Housing Options
Team Leader and
Benefits Manager
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35
31 March
2013
Scheme
Influence the
development of locality
commissioning
structures and
processes (including
the disaggregation of
budgets) to sit
alongside/replace
county commissioning
structures and
processes
To ensure that the
Council continues to
be represented in
decisions taken in
respect of
commissioning and
budgets for the
commissioning of
supported housing
and housing related
support and where
appropriate wider
commissioning
decisions
31 March
2013
Housing Services
Manager
Jointly
commission/enable the
development of
proposals for new
Housing with Care
schemes in the districts
larger settlements of
North Walsham and
Fakenham
Supporting
vulnerable people to
live independently
within the
community/meeting
the needs of the
growing older
population
31 March
2015
Housing Services
Manager
Support the
implementation of the
new floating support
service for older people
delivered by the British
Red Cross
Supporting
vulnerable people to
live independently
within the
community
31 March
2013
Housing Services
Manager
Undertake a review of
the Independent Living
Service delivered by
Victory Housing Trust
Ensure that the
needs of disabled
residents are being
met and funding
provided by the
Council is being
used effectively and
delivering value
1 October
2012
Housing Services
Manager
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Implement the
Integrated Housing
Adaptation Team to
streamline the provision
of Disabled Facilities
Grant and improve
outcomes for disabled
residents
Ensure that the
needs of disabled
residents are being
met and funding
provided by the
Council is being
used effectively and
delivering value
30 November
2012
Housing Services
Manager
Support the
development of a bid to
the Warm Homes
Healthy People fund
building of the
successes of the
delivery of the Warm
and Well project in
2011/12 and if the bid is
successful deliver
2012/13 project
Supporting
vulnerable people to
live independently
within the
community/reduce
excess winter
deaths
31 March
2013
Housing Services
Manager
Review the Housing
Renewal Policy and
develop a scheme of
financial assistance to
support low income
households to maintain
their properties
Supporting
(financially)
vulnerable people to
live independently
within the
community
5 November
2012
Housing Services
Manager
Report to Cabinet
Support Victory
Housing Trust to
temporarily
decant/rehouse tenants
to enable the
redevelopment of three
sheltered housing
schemes in the East of
the district
Supporting
vulnerable people to
live independently
within the
community
31 March
2015
Housing Options
Team Leader
Represent the Council
in the procurement of a
new service provider for
the support service for
Supporting
vulnerable people to
live independently
within the
31 March
2013
Housing Services
Manager
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tenants in Victory
Housing Trust’s
sheltered housing stock
community
Review the Council’s
Homelessness Strategy
Supporting
vulnerable people to
live independently
within the
community
15 April 2013
Housing Services
Manager/Housing
Options Team
Leader
Report to Cabinet
Work with the Borough
Council of King’s Lynn
and West Norfolk to
develop county-wide
services to support the
Government’s No
Second Night Out policy
Supporting
vulnerable people to
live independently
within the
community/preventi
ng rough sleeping
31 March
2013
Housing Options
Team Leader
Work with Children’s
Services to co-ordinate
an effective response to
deliver outcomes
against the
Government’s Troubled
Families programme
Supporting
vulnerable people to
live independently
within the
community
31 March
2013
Housing Services
Manager/Housing
Options Team
Leader
Monitoring and review
The delivery of the strategy (Supporting vulnerable people to live
independently within the Community) and progress against the action plan will
be monitored on a regular basis by the Head of Economic and Community
Development. The actions will be reflected in the relevant Service Business
Plans and appraisals of individual officers and formally reviewed on an annual
basis. In addition progress against the actions which are also included in the
Corporate Plan Action Plan 2012/13 will be reported to Cabinet through the
Performance and Risk Management Board.
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Agenda Item No_____12_______
Housing Enforcement Policy
Summary:
The Housing Act 2004 requires the Council to take
action to improve poor dwelling condition in some
circumstances and provides the power to take action
against poor condition in other circumstances. The
Housing Enforcement Policy provides a transparent
approach to this enforcement action and sets out:
• What enforcement powers are available to the
Council
• When these powers will be used
• The range of powers available to bring empty
properties back into use
• When the Council will seek to recover costs
associated with enforcement action.
Options considered:
1: Do nothing. This option was discounted as the
Council has a statutory duty to consider the condition of
dwellings across the district and in some circumstances
to take action to improve dwelling condition. A Housing
Enforcement Policy ensures that the Council’s approach
to housing enforcement is transparent.
2: Develop the Housing Enforcement Policy. This
option was adopted as ensures that there is
transparency as to when and how the Council will take
enforcement action and supports any enforcement
action taken.
Conclusions:
The Housing Act 2004 requires Local Authorities to
consider dwelling condition in their area at least once
per year and in certain circumstances to take action to
improve dwelling condition where it has or will have a
negative impact on the health and safety of the
occupant. The act also provides powers to take action
in other circumstances to improve dwelling condition.
The Housing Enforcement Policy sets out the range of
powers available to the Council and when the Council
will take enforcement action. It also sets out the range
of powers available to the Council to take enforcement
action against the owners of empty homes in order to
bring these properties back into use. The Housing
Enforcement Policy is supported by the forthcoming
Empty Homes Policy and the Housing Renewal Policy.
Recommendations:
Cabinet adopt the Housing Enforcement Policy
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Reasons for
Recommendations:
To adopt the Housing Enforcement Policy which sets
out the range of powers available to the Council to bring
about the improvement of dwelling condition and the
range of powers available to bring empty homes back
into use. The policy also sets out the Council’s
approach to enforcement and when it will seek to
recover its costs.
LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW
(Papers relied on the write the report and which do not contain exempt information)
Housing Enforcement Policy
Cabinet Member(s)
Ward(s) affected All
Contact Officer, telephone number and email: Karen Hill, 01263 516183,
Karen.hill@north-norfolk.gov.uk
1.
Introduction
1.1
The Housing Act 2004 requires all local authorities to consider at least
annually the housing conditions within their district. This act requires the
Council to take action in specific circumstances to address poor dwelling
condition and allows in other certain other circumstances the Council to take
action to improve dwelling condition. The act also requires the Council to
licence some Houses in Multiple Occupation. The Act provides a range of
powers to address poor dwelling condition with an emphasis on protecting the
health and safety of occupiers.
1.2
The powers under the Housing Act 2004 relate to occupied properties,
however, the Council also has an interest in addressing the condition of
empty homes and bringing them back into use. The Housing Enforcement
Policy therefore also considers what powers the Council will use to take
enforcement action to secure the re-occupation of empty homes.
1.3
The development of the Housing Enforcement Policy supports the Council’s
ambition that “everyone in North Norfolk should have the opportunity to buy or
rent a decent home at a price they can afford, in a community where they
want to live or work.”
2.
Housing Enforcement Policy
2.1
The Housing Enforcement Policy sets out the Council’s approach to
addressing poor dwelling condition and bringing empty homes back into use,
it is supported by the Empty Homes Policy and the Housing Renewal Policy
(which will be considered by Cabinet in November). Together these
documents set out the Council’s approach to addressing poor dwelling
condition and bringing empty homes back into use.
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2.2
The Housing Enforcement Policy has been designed as a document which
will be used by officers, members and members of the public and which sets
out:
• The Council’s duties under the Housing Act 2004
• What powers the Council has available to address poor dwelling
condition
• When the Council will take enforcement action
• Approaches to the licensing and inspection of Houses in Multiple
Occupation
• The powers available to manage private rented accommodation when
this is not being managed appropriately
• The powers available to take enforcement action on empty homes and
when they will be used
• Monitoring arrangements.
3.
Options Considered
3.1
Option 1: Do nothing. This option was discounted as the Council has a
statutory duty to consider the condition of dwellings across the district and in
some circumstances to take action to improve dwelling condition. A Housing
Enforcement Policy ensures that the Council’s approach to housing
enforcement is transparent.
3.2
Option 2: Develop the Housing Enforcement Policy. This option was adopted
as ensures that there is transparency as to when and how the Council will
take enforcement action and supports any enforcement action taken.
4.
Conclusion
3.1
The Housing Act 2004 requires Local Authorities to consider dwelling
condition in their area at least once per year and in certain circumstances to
take action to improve dwelling condition where it has or will have a negative
impact on the health and safety of the occupant. The act also provides
powers to take action in other circumstances to improve dwelling condition.
The Housing Enforcement Policy sets out the range of powers available to the
Council and when the Council will take enforcement action. It also sets out
the range of powers available to the Council to take enforcement action
against the owners of empty homes in order to bring these properties back
into use. The Housing Enforcement Policy is supported by the forthcoming
Empty Homes Policy and the Housing Renewal Policy.
5.
Implications and Risks
The development and adoption of the Housing Enforcement Policy ensures
that there is a transparent approach to enforcement to improve dwelling
condition and to bring empty homes back into use. The Policy reflects the
Operating Guidance on dwelling condition enforcement and all enforcement
action will be taken in accordance with procedures contained within the
Operating Guidance. This will ensure that any challenge to enforcement
action can be robustly defended.
The use of enforcement action will be considered on a case by case basis,
considering the implications and risks of such an approach. The use of
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enforcement action will be supported by the adoption of the Housing
Enforcement Policy and also the Empty Homes Policy.
6.
Financial Implications and Risks
There are no financial implications related to the adoption of the Housing
Enforcement Policy, although where the Council takes enforcement action
and as part of this needs to commission specialist reports (such as on gas
and electrical safety) the Council will seek to recover these costs and any
costs associated with considering whether to serve a Prohibition Order or
Emergency Prohibition Order or reviewing a Suspended Possession Order.
Where the Council carries out Emergency Remedial Action it will seek to
recover its costs.
7.
Sustainability
The Housing Enforcement Policy supports sustainability by ensuring that
dwellings are in good condition and are suitable for occupation which reduces
the demand and need for new housing. Reducing the number of empty
homes also reduces the demand and need for new housing.
8.
Equality and Diversity
There are no specific equality and diversity implications related to the Housing
Enforcement Policy.
9.
Section 17 Crime and Disorder considerations
There are no specific Section 17 Crime and Disorder considerations related to
the Housing Enforcement Policy. However, ensuring that properties are
secure and the potential for entry by intruders is minimised has a positive
impact as it reduces the opportunity for crime.
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North Norfolk District Council Housing Enforcement Policy
Introduction
There were 52,598 dwellings on the valuation list in North Norfolk in October 2011 (CTB).
These dwellings should be seen as a valuable asset and one that should be used as
efficiently as possible and maintained to provide a legacy for future generations, especially at
a time of housing shortage, recognising the need to achieve a balance between providing
new housing and protecting the environment.
The Housing Act 2004 requires local housing authorities to consider at least once every year,
the housing conditions in their district. This requirement is imposed in order for the authority to
determine what action to take under Parts 1-4 of the Act (Housing conditions, Licensing of
houses in multiple occupation, Selective licensing of other residential accommodation and
Additional control provisions in relation to residential accommodation).
Part 1 of the Housing Act 2004 introduced the Housing Health and Safety Rating System
(HHSRS) for assessing the condition of residential premises and for the system to be used in
the enforcement of housing standards. The system provides a means for identifying faults in
dwellings and of evaluating the potential effect of any faults on the health and safety of any
occupants or visitors. A dwelling assessed under the system will be given a score which will
provide a banding and a category of hazard of either 1 or 2. The local housing authority (in
this case North Norfolk District Council) must take enforcement action where a dwelling has
been assessed as having a Category 1 hazard and has a power to take enforcement action
where a dwelling has been assessed as having a Category 2 hazard. The Housing Act 2004
provides a number of enforcement options which are designed where possible to reduce a
hazard rating, ideally to a low Category 2 hazard, through remedial measures/improvement
works or where this is not possible to prohibit use of a dwelling until the Category 1 hazard is
removed.
Part 2 of the Housing Act 2004 introduced mandatory licensing of larger ‘high risk’ houses in
multiple occupation (HMOs) and the ability for a local housing authority to extend the scheme
to other HMOs with the aim of improving housing conditions in the private rented sector.
Part 3 of the Housing Act 2004 supplements the HMO licensing provisions with provisions for
discretionary selective licensing by local housing authorities of all privately rented housing in a
particular area (where certain conditions are met) and where a local housing authority
believes that it would reduce or eliminate specific housing problems.
Part 4 of the Housing Act 2004 contains mechanisms which allow the local housing authority
in particular circumstances to take over the management of a privately rented property from a
failing landlord and which are designed to ensure that the property is managed responsibly
and safely for the benefit of occupiers or potential occupiers and others living or owning
property in the vicinity. The mechanisms include Interim Management and Final Management
Orders for occupied properties, Interim and Final Empty Dwelling Management Orders for
unoccupied properties and Overcrowding Notices designed to prevent overcrowding in HMOs
which are not required to be licensed.
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The Council is responsible for ensuring standards across all tenures including privately owned
properties, privately rented properties and properties rented through a housing association.
The Council has a range of other powers which can be used to ensure standards in the
housing stock but these would be used by other Council departments including Environmental
Health and Building Control and are therefore outside of the remit of the Housing function and
this document. The officers undertaking housing enforcement will work in partnership with
other Council departments to determine the most appropriate course/s of action to achieve a
desired outcome.
Housing Standards – Housing Health and Safety Rating System (HHSRS)
Background
The Private Sector Housing Condition Survey 2007 estimated that 5856 dwellings or 11% of
the housing stock in North Norfolk exhibited Category 1 hazards of these 3732 exhibited
excess cold and 1780 dampness/mould, with 402 dwellings exhibiting both. 2988 dwellings
constructed pre-1919 exhibited Category 1 hazards representing 51% of all dwellings
exhibiting Category 1 hazards. The largest number of Category 1 hazards was found within
the owner occupied sector (4247 dwellings) although relative to size the private rented sector
has the highest proportion of Category 1 hazards with 1060 dwellings or 26% of privately
rented dwellings exhibiting Category 1 hazards. The cost of addressing Category 1 hazards
was estimated to be £46m, averaging a little under £8,000 per property.
Duty to inspect
The Council must carry out an inspection where either a complaint is received or where it
considers it would be appropriate to inspect to see if there is a hazard on the premises.
The Council regularly receives complaints from tenants in privately rented accommodation
who are unhappy with the condition of the property they rent. Housing associations are
required to maintain their properties to the Decent Homes Standard and above (as
determined in consultation with their tenants) therefore fewer complaints are received from
housing association tenants. In both cases the Council would want to see evidence that the
tenant has brought the complaint to the attention of their landlord and that they have given
their landlord an opportunity to address the complaint before making arrangements to inspect
the property. A full description of the nature of any disrepair or hazard would be required
where possible supported by photographic evidence.
An owner occupier will not generally make a complaint to the Council about the condition of
their property. The Council may be contacted however by a third party generally either where
there is concern for the welfare of the resident or where the condition of the property is
impacting on others. In such cases the Council would be obliged to carry out an inspection.
The Act provides the Council with a power of entry providing that the owner or responsible
person (including a tenant) is notified in writing of the inspection at least 24 hours before. The
notification must state the particular purpose for which the entry is authorised.
If a Category 1 hazard is found a report must be made which has to be considered as soon as
possible. No such report is required if a Category 2 hazard is found.
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Enforcement of housing standards
The Council has a duty to take appropriate enforcement action where it considers that a
Category 1 hazard exists from a list of options including:
•
•
•
•
•
•
•
Serving a Hazard Awareness Notice
Serving an Improvement Notice
Making a Prohibition Order
Making an Emergency Prohibition Order
Taking Emergency Remedial Action
Making a Demolition Order
Making a Slum Clearance Declaration
The Council must prepare a statement of reasons which sets out why it is taking the action
selected as the most appropriate as opposed to other available options.
More than one course of action may be taken, if one course of action is tried and does not
prove satisfactory. Use of more than one of the possible enforcement measures is deemed, in
certain circumstances, e.g. making an Emergency Prohibition Order then making a Prohibition
Order, a single course of action.
Where a Category 2 hazard exists the Council has a power to take action although the action
the Council can take does not include the emergency measures outlined above. The Council
may take action on properties which have the highest level Category 2 hazards which if not
addressed could become Category 1 hazards. In addition the Council may take action where
frequent complaints are received from tenants living in properties owned by a single landlord
which may suggest that the landlord is not fulfilling his repairing obligations or from a series of
tenants from a single property owned by a single landlord which may suggest that the
landlord is evicting tenants who make complaints to avoid fulfilling his repairing obligations.
The Council might also consider taking action (albeit only the serving of a Hazard Awareness
Notice) where there are a significant number of relatively high Category 2 hazards in a
tenanted property.
The Council’s Housing Options Team will support residents living in properties with Category
1 hazards to seek suitable alternative accommodation where the hazard cannot be reduced
sufficiently through carrying out reasonable remedial works. This may include giving priority to
the resident on the North Norfolk Housing Register for affordable housing or taking a
homelessness application if the standard of accommodation is such that it is not considered
reasonable to continue to occupy the property.
The Council’s Housing Options Team will support tenants living in properties with Category 2
hazards to resolve the issues through appropriate action under the act and dialogue with their
landlord and will recommend tenants seek independent legal advice via Shelter or the
Citizens Advice Bureau as appropriate.
In considering taking enforcement action, the Council will ensure that any action taken is fair,
consistent and proportionate and that details of any right of appeal is provided when
enforcement action is taken. The enforcement action taken will be the most appropriate
action required. As part of any enforcement action taken, the Council will continue to offer
advice, information and support to owners to improve their property.
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Hazard Awareness Notice
A Hazard Awareness Notice advises the person on whom it is served of the existence of a
Category 1 or Category 2 hazard. The person served does not have to take any action and
the notice does not therefore specify a time within which action has to be taken. There is no
right of appeal.
The Notice must specify in relation to the hazard or hazards:
• The nature of the hazard and the residential premises on which it exists
• The deficiency giving rise to the hazard
• The premises on which the deficiency exists
• Details of the remedial action (if any) which the authority consider it would be
practicable and appropriate to take in relation to the hazard
The notice must be served on the owner or the person managing the property or the person
who in the authority’s opinion ought to take the action specified or in the case of a licensed
HMO the licence holder. A copy of the notice should be sent to every person who to the local
housing authority’s knowledge has a relevant interest (freehold, mortgage or lease) or is an
occupier of the premises specified in the notice.
The Council should serve a Hazard Awareness Notice as a minimum where it finds evidence
of a Category 1 hazard unless it is confident that the owner or responsible person will take
action to address the issue/s and that the hazard will be reduced to a low Category 2 hazard.
The Council will have to use its judgement in this matter and will wish to take into account any
prior knowledge of the owner or responsible person, the capacity of the owner or the
responsible person to undertake the necessary works, the number of hazards found, the time
which would be required to address the hazards and the impacts that these are having on the
health and safety of the occupants of the property and any impact on neighbours. The Council
will wish to have a written undertaking from the owner or responsible person that the hazards
will be addressed and the timescale and will wish to re-inspect the property to ensure that the
hazards have been reduced to an appropriate level or eradicated. If the undertaking is not
honoured then the Council would need to serve a Hazard Awareness Notice without delay.
The Council will not serve a Hazard Awareness Notice where other enforcement action would
be more appropriate e.g. where the occupants’ health and safety is at imminent risk or where
a landlord is not acting responsibly and in accordance with contractual or legal responsibilities
and sufficient opportunity has been given to them to do so by the tenant.
The Council is unlikely to give applicants on the Housing Register any additional priority for
housing if a Hazard Awareness Notice is served.
Improvement Notice
An Improvement Notice should be used where reasonable remedial works can be carried out
to reduce the hazard sufficiently.
The notice must specify in relation to the hazard or hazards:
• The section under which the notice is served (section 11 for Category 1 hazards and
section 12 for Category 2 hazards)
• The nature of the hazard and the residential premises on which it exists
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•
•
•
•
•
•
The deficiency giving rise to the hazard
The premises in which the remedial action is to be taken and the nature of that
remedial action
The date when the remedial action is to be started – which cannot be earlier that the
28th day after that on which the notice is served
The period within which the remedial action is to be completed
Information about the right of appeal
The period within which the appeal may be made
The notice must be served on the owner or the person having control of the dwelling and in
the case of a licensed HMO the licence holder. A copy of the notice should be served on
every person who to the local housing authority’s knowledge has a relevant interest (freehold,
mortgage or lease) or is an occupier of the premises specified in the notice.
A notice can be suspended where enforcement action can safely be postponed until a
specified event i.e. a change in occupancy or a specified time i.e. when programmed
maintenance is due to take place. The views of the current occupant must be taken into
account. A suspension must be reviewed at least every 12 months. The suspension is
registered as a land charge.
The Council can revoke or vary a notice either on application made by the person on whom
the notice was served or of its own initiative. The owner or a relevant person can appeal to
the Residential Property Tribunal against the serving, revocation or variation of a notice.
Failure to comply with a notice is an offence and on prosecution a fine of up to £5,000 can be
levied.
The Council can undertake the works specified in the notice with or without the consent of the
owner and recover its expenses as a charge on the premises or through seeking an order
from the Residential Property Tribunal.
The Council can and therefore will seek to recover expenses related to determining whether
to serve a notice and the costs of carrying out a review in relation to a suspended notice. The
Council may need to employ expert services to inform the determination of particular hazards
such as gas or electrical safety (as recommended in the Operating Guidance – there is a risk
that an appeal against a Notice or Order which is not backed up by a report from an
appropriately qualified professional may succeed).
The Council is unlikely to serve an Improvement Notice on an owner occupier unless their
health and safety is at imminent risk (and it would be unreasonable to serve a Prohibition
Order), there is a negative impact on neighbours or a Hazard Awareness Notice has
previously been served and the condition of the property is deteriorating such that the cost to
remedy the hazard/s will continue to increase and that the property may become
uninhabitable if the hazards are not addressed as a matter of urgency.
The Council is most likely to serve an Improvement Notice on a landlord especially where the
Council does not have confidence in the landlord to address the hazards, where the landlord
has had enforcement action taken against them previously in respect of the property in
question or another property, where there is an imminent risk to the health and safety of the
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occupants (and it would be unreasonable to serve a Prohibition Order) or where there is an
impact on neighbours.
The Council is unlikely to give applicants on the Housing Register any additional priority for
housing if an Improvement Notice is served.
Prohibition Order
The order may prohibit the use of part or all of a premise for some or all purposes or for
occupation by a particular number or description of people. An order may be appropriate
where conditions present a risk but remedial action is unreasonable or impractical. It may also
be used to limit the number of persons occupying the dwelling or prohibit the use of the
dwelling by specific groups. In a HMO it can be used to prohibit the use of specified dwelling
units.
The order must specify in relation to the hazard or hazards:
• The section under which the order is served (section 20 for Category 1 hazards and
section 21 for Category 2 hazards)
• The nature of the hazard and the residential premises on which it exists
• The deficiency giving rise to the hazard
• The premises in relation to which prohibitions are imposed
• Any remedial action which the authority consider would if taken in relation to the
hazard result in their revoking the order
• Information about the right to appeal
• The period within which an appeal may be made
• The date on which the order is made
The order must be served on every person who the authority knows is an owner or occupier
of any part of the premises, every person the authority knows is entitled or authorised to
permit persons to occupy the whole or part of the premises and every known mortgagee of
the whole or part of the premises.
An order can be suspended where enforcement action can safely be postponed until a
specified event i.e. a change in occupancy or a specified time i.e. when programmed
maintenance is due to take place. The views of the current occupant must be taken into
account. A suspension must be reviewed at least every 12 months. The suspension is
registered as a land charge.
The Council will only serve a Prohibition Order where this is the most appropriate course of
action and will where possible seek to suspend the order providing that this does not put the
health and safety of any occupants at risk. The Council will take into account the human rights
of the occupants and the impact that not being able to occupy their home will have on them.
The Council will seek to recover expenses related to determining whether to serve an order
and the costs of carrying out a review in relation to a suspended order. The Council may need
to employ expert services to inform the determination of particular hazards such as gas or
electrical safety (as recommended in the Operating Guidance – there is a risk that an appeal
against an order which is not backed up by a report from an appropriately qualified
professional may succeed).
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The Council will assist in securing suitable alternative accommodation and will either accept
the affected person as homeless providing temporary accommodation until a permanent
home can be secured, give the affected person priority through the Housing Register to be
considered for affordable housing or secure alternative accommodation in the private rented
sector.
Emergency Prohibition Order
The Emergency Prohibition Order is an order imposing with immediate effect such prohibition
or prohibitions as are specified on the use of any premises. The Council can only use such an
order if there is a Category 1 hazard and the hazard involves imminent risk of serious harm to
the health and safety of any occupiers of those or other residential premises.
Copies of the notice must be served on the day the order is made on every person who the
authority knows is an owner or occupier of any part of the premises, every person the
authority knows is entitled to or authorised to permit persons to occupy the whole or part of
the premises and every known mortgagee of the whole or part of the premises.
Valid service occurs if a copy of the notice is fixed to a conspicuous part of the premises in
relation to which the emergency prohibition or prohibitions are imposed.
The order must specify in relation to the hazard or hazards:
• The section under which the order is served (section 43)
• The nature of the hazard and the residential premises to which it relates
• The deficiency giving rise to the hazard
• The premises in relation to which prohibitions are imposed
• Any remedial action which the authority consider would if taken result in revocation of
the order
• Details of the right to appeal
• The period within which the appeal may be made
The Council can revoke or vary a Prohibition Order including an Emergency Prohibition Order
either on application made by the person on whom the notice was served or of its own
initiative. The owner or a relevant person can appeal to the Residential Property Tribunal
against the serving, revocation or variation of a Prohibition Order including an Emergency
Prohibition Order.
Using premises or permitting premises to be used knowing that a Prohibition Order including
an Emergency Prohibition Order has become operative is an offence punishable by a fine not
exceeding level 5 on the standard scale. The defendant to such a charge if convicted is also
liable to be fined up to £20 per day thereafter.
Once a Prohibition Order including an Emergency Prohibition Order has been made and
becomes operative, where possession is necessary to comply with the Order, possession can
be recovered against a tenant by serving a Notice to Quit. A landlord would not be guilty of an
offence whilst waiting for a Notice to Quit to expire, provided it was served on receipt of the
order, because during that period he would not be permitting the tenant to use the premises.
The landlord has no power to evict without an order of the court and the court has no power to
make such an order whilst a contractual tenancy subsists.
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Once an order has become operative and where the whole or part of the premises specified
in the order are the subject of a lease, either the lessor or the lessee may seek an order from
the Residential Property Tribunal determining or varying the lease.
The Council can and therefore will seek to recover expenses related to determining whether
to serve an order and the costs of carrying out a review in relation to a suspended order. The
Council may need to employ expert services to inform the determination of particular hazards
such as gas or electrical safety (as recommended in the Operating Guidance – there is a risk
that an appeal against a Notice or Order which is not backed up by a report from an
appropriately qualified professional may succeed).
Emergency Remedial Action
The Council can take such action as it considers necessary in order to remove the imminent
risk of serious harm to the occupiers of premises or to the occupiers of any other residential
premises caused by a Category 1 hazard. If access to the property is requested and refused
the Council can apply for a warrant from a magistrate to allow for entry at any time (by force if
necessary) in order to carry out the emergency remedial action.
Before entering the premises, a notice must be served on every person who to the authority’s
knowledge is an occupier of the premises concerned and if the emergency remedial action is
going ahead in common parts of a building, on every occupier of the building. The notice is to
be regarded as served if it is fixed to some conspicuous part of the premises.
The notice must specify:
• The section under which the notice is served (section 40)
• The premises and the hazard concerned
• That the authority intend to enter the premises
• The action which the authority intends to take
• The power under which the authority intends to enter the premises and take the
action
The authority must serve a notice and copies of the notice on the persons whom the authority
would be required to serve an improvement notice within seven days. The notice must
specify:
• The nature of the Category 1 hazard and the residential premises on which is exists
• The deficiency giving rise to the hazard
• The premises in relation to which emergency remedial action has been (or is to be)
taken and the nature of the action
• The power under which that action has been (or is to be) taken
• The date when that remedial action was (or is to be) started
• That there is a right to appeal (under section 45)
• The period for making an appeal
The Council can and therefore will seek to recover its costs which would constitute a charge
on the premises and in the event that the expenses were not met could apply for an order for
sale to realise the moneys secured by the charge.
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Demolition Order
This can only be used for Category 1 hazards and where the building is not listed. Account
must be taken of the availability of accommodation for re-housing, demand for
accommodation and the possible future use for the cleared site.
Slum Clearance Declaration
All residential buildings in a proposed clearance area must have at least one Category 1
hazard. Account must be taken of the availability of accommodation for re-housing, demand
for accommodation and the possible future use for the cleared site.
Prosecution
If a notice or an order is breached the Council must investigate and consider prosecution.
The Council would have to be satisfied that there is enough evidence to provide a realistic
prospect of conviction and that prosecution is in the public interest. If it is likely that
prosecution would not be in the public interest i.e. prosecuting an owner occupier where there
is no impact on others then the Council should not serve a notice or an order which would
require consideration of prosecution if the notice or the order were breached. In such cases a
Hazard Awareness Notice is likely to be the most appropriate course of action.
Licensing of Houses in Multiple Occupation (HMOs)
Part 2 of the Housing Act 2004 introduced mandatory licensing for larger ‘high risk’ HMOs to
provide greater protection for the health, safety and welfare of the occupants of such
premises. HMOs contain some of the worst physical housing conditions, the most common
problems relate to poor fire safety standards, overcrowding, inadequate facilities and poor or
unscrupulous management.
A mandatory licensable HMO consists of 3 or more storeys, occupied by 5 or more people
who constitute more than one household, who share facilities e.g. kitchen, bathroom. The
Council has a duty to license such HMOs and must take all reasonable steps to ensure
applications are made.
The HHSRS is the principal tool in assessing physical conditions in HMOs. The licensing
scheme provides for proper enforcement of the HHSRS in the highest risk HMOs whilst
ensuring management competency and the fitness of those managing or providing HMO
accommodation.
Each licensable property must satisfy a test of suitability to be used as a HMO. The Licensing
and Management of Houses in Multiple Occupation and other Houses (Miscellaneous
Provisions) (England) Regulations 2006 stipulate the standard of amenities required in order
to be considered suitable. A property failing to meet these criteria will be refused a licence.
The Act stipulates criteria that the licence holder must meet to be regarded as a fit and proper
person. An applicant should be given an opportunity to consider how the criteria can be met
before the licence is refused.
All reasonable steps must be taken to assist the proposed license holder or owner of the
property to either meet the licence conditions or agree that the property should not be used as
a HMO. A licence can be granted subject to certain conditions and information being
provided. Where a licence is refused the Council has a duty to take on the management of
the property by serving an Interim Management Order. It may be more appropriate however
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to serve a Temporary Exemption Notice which can be issued where a HMO that would be
licensable is to be taken out of use as a licensable HMO. A Temporary Exemption Notice
lasts for 3 months.
Once granted a licence can be varied. The licence can also be revoked under a number of
circumstances including:
• Where the licence holder or any other person has committed a serious breach of a
condition of the licence or repeated breaches
• Where the authority no longer consider the licence holder to be a fit and proper person
• Where the authority no longer considers the management to be satisfactory or the
person involved to be a fit and proper person
• Where the premises cease to be a HMO
• By the request of the licence holder or other relevant person
If the licence is revoked and the property is to remain as a HMO the Council must make an
Interim Management Order.
The Council can and therefore will require the application for a licence to be accompanied by
a fee which covers the costs of the authority in determining and issuing the licence. The
licence lasts for up to 5 years.
The Act also allows the Council to give consideration to extending the licensing regime to
other HMOs with a view to improving housing conditions and housing management practices
more generally in HMOs. The Council would require consent from Central Government to
implement an additional licensing scheme and would have to demonstrate that it accords with
the local housing strategy and is part of a co-ordinated approach to deal with wider issues
such as management of anti-social behaviour. The Council would also need to demonstrate
that additional licensing would make a significant difference in dealing with such problems
and that other courses of action e.g. voluntary accreditation had been considered. The
Council would have to consult on any additional licensing scheme with those who are likely to
be affected by it. The Council would then have to determine that a particular HMO was
causing a problem before making a designation to licence it. An additional licensing scheme
has to be reviewed every five years.
It is unlikely that Central Government consent would be given to implementation of an
additional licensing scheme in North Norfolk.
Prosecution
Housing standards in licensable HMOs are enforced through the enforcement provisions
linked to the HHSRS. There are however a number of offences which could result in the
Council taking action to prosecute including;
•
A person commits an offence if he manages or is in control of a licensable HMO which
does not have a licence. Prosecution can result in a fine of up to £20,000. In addition the
Council or the tenants can apply to the Residential Property Tribunal for a rent repayment
order which requires the responsible person to repay all rents and other payments
including Housing Benefit up to the time a licence is issued. In addition the landlord will not
be able to use section 21 notices to evict tenants whilst the premises are unlicensed.
10
52
•
A person commits an offence if he manages or is in control of a licensable HMO and
allows the property to be occupied by more people than the licence authorises.
Prosecution can result in a fine of up to £20,000.
•
The licence holder commits an offence if he fails to comply with any of the conditions of
the licence. Prosecution can result in a fine of up to £5,000 per breach.
•
The licence holder will be committing an offence if they provide false or misleading
information. Prosecution can result in a fine of up to level 5.
Selective Licensing of other Residential Accommodation
Part 3 of the Housing Act 2004 allows for the implementation of selective licensing by local
housing authorities of all privately rented housing in a particular area where certain conditions
are met and where the local housing authority believes that it would reduce or eliminate
specific housing problems including low housing demand and anti-social behaviour. Selective
licensing is designed to raise standards in private renting and/or to drive out criminal or
unscrupulous landlords in particular areas where private renting is problematic for the wider
community.
A local housing authority requires consent from Central Government to implement a selective
licensing scheme and it is unlikely that Central Government consent would be given to
implementation of a selective licensing scheme in North Norfolk.
Additional control provisions in relation to residential accommodation
Part 4 of the Housing Act 2004 contains mechanisms which allow the Council in particular
circumstances to step into the shoes of a failing landlord and manage rented housing. These
enforcement measures are designed primarily to ensure that properties are managed
responsibly and safely for the benefit of occupiers or potential occupiers and others living in
the vicinity rather than to punish landlords.
Interim Management Orders and Final Management Orders support the enforcement of
licensing including mandatory or additional licensing of HMOs or selective licensing of other
privately rented housing and Special Interim Management Orders can be used for privately
rented properties not covered by licensing. Empty Dwelling Management Orders both interim
and final can be used to bring empty homes back into use and provide an alternative to
compulsory purchase. A local housing authority has to apply to the Residential Property
Tribunal for approval to use Interim Management Orders and Final Management Orders
(other than for licensable HMOs where a relevant person can appeal to the Residential
Property Tribunal against a decision to issue the order) and Special Interim Management
Orders and both interim and final Empty Dwelling Management Orders.
An Interim Management Order lasts for up to 12 months and is designed to ensure immediate
steps are taken to protect the health and safety or welfare of occupiers or neighbours pending
a longer term solution being found. The Council is required to issue an Interim Management
Order in certain circumstances e.g. where a licence for a mandatory licensable HMO is
refused or revoked. The Council will become responsible for all aspects of the property’s
management including undertaking repairs and collecting rents. The rental income can be
used to offset the management costs and any repairs undertaken. The balance of any rental
income is paid to the landlord. The Council must keep proper accounts of its income and
11
53
expenditure and must make these available for inspection or verification. A charge can be
placed against the property for any expense incurred not covered by the rental income.
An Interim Management Order will be revoked if a licensable HMO or property subject to
additional licensing or selective licensing is licensed, if a Final Management Order which lasts
up to 5 years is granted or if a Temporary Exemption Notice is issued.
A key difference between an Interim Management Order and a Final Management Order is
that a Final Management Order must contain a management scheme which sets out the
details of the intentions of the Council in managing the property.
Part 4 of the Housing Act 2004 also introduces Overcrowding Notices for non licensable
HMOs. The notice must either contain a requirement prohibiting the person served from
permitting new residents to move in to the property which could be used if the Council
believes an excessive number of persons is likely to be accommodated, alternatively a notice
may be served which requires the person served to refrain from permitting a room to be
occupied otherwise than in accordance with the notice or refrain from permitting a situation
where it is not possible to avoid persons (who are not living together as man and wife) of
opposite sexes sleeping in the same room. Children under 10 years of age are to be
disregarded.
The notice must state in relation to each room in the HMO concerned whether the room is
suitable to be used as sleeping accommodation and the maximum number of persons by
whom the room is suitable to be occupied as sleeping accommodation at any one time.
If the person served with the notice fails to comply they commit an offence for which they on
prosecution they could be fined up to level 4.
Crowding and space is one of the 29 hazard categories in the HHSRS. If overcrowding were
to contribute to a Category 1 hazard the Council would have to consider what if any
enforcement action could be taken under Part 1 of the Housing Act 2004.
Part 10 of the Housing Act 1985 has not been repealed and when determining whether
premises are overcrowded and any resulting enforcement consideration should be given to
this legislation.
Supporting Legislation
The Local Government (Miscellaneous Provisions) Act 1976 section 16 can be used to
formally request information about a premises or person.
The Police and Criminal Evidence Act 1984, the Criminal Procedures and Investigation Act
and the Regulation of Investigatory Powers Act 2000 can be used for gathering evidence
including undertaking interviews under caution.
Consulting with the Fire Authority
Where the Council is satisfied that a prescribed fire hazard exists in a HMO or in common
parts of a building containing one or more flats and intends to take enforcement action then
before taking action the Council must first consult the Fire Authority. In the event of
emergency measures being taken the duty is subject to the rider that the duty to first consult
is instead a duty to consult so far as is practicable to do so before taking those measures.
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54
The Council and the Norfolk Fire and Rescue Service have agreed a joint service level
agreement relating to fire safety in residential accommodation and have produced joint
guidance on fire precautions in dwellings.
Competent staff
The Council will employ Environmental Health Officers and/or Technical Officers to undertake
assessments under the Housing Health and Safety Rating System and related enforcement
action. The assigned officers will have undertaken relevant training to demonstrate that they
are competent and will undertake further training as necessary to reflect any changes in the
HHSRS or Operating and Enforcement Guidance.
Monitoring and review
The Council monitors the number of complaints received, inspections undertaken, the
outcomes of the inspections (the number of Category 1 hazards and the specified hazards),
the action taken, the number of HMOs inspected and the number of HMOs licenced on a
monthly basis.
The Council will review this policy as necessary and in particular if there are any changes
made to the HHSRS or the Operating and Enforcement Guidance.
Enforcement Action on Empty Homes
The Council will as part of its activities to bring empty homes (properties which have been
empty for a period of at least 6 months) back into use, consider enforcement action where this
is required. For further information on the approach to bringing empty homes back into use
and details of when enforcement will be used please see the Empty Homes Policy.
The Council will use the most appropriate enforcement action to bring a property into use and
will, where appropriate, use Compulsory Purchase Orders, Interim Empty Dwelling
Management Orders and Empty Dwelling Management Orders or seek an Enforced Sale of a
property in order to ensure a property is brought back into use. The Council will also use, as
required, such other powers are available to improve the condition of the property.
Enforcement action will be carried out fairly, consistently and proportionately.
The Housing Act 1985 allows Councils to apply to the Secretary of State to compulsory
purchase empty homes. This power will only be used where the owner of an empty home
either cannot be traced or proved, or where the owner is unwilling or unable to bring the
empty home back into use within a reasonable timescale. Where the Council applies for a
Compulsory Purchase Order, the owner has the right to contest the order, if the order is
contested the Secretary of State will provide the opportunity for the owner to explain why the
property should not be compulsory purchased. The final decision as to whether the order
should be granted would be decided by an independent Government appointed inspector.
The Housing Act 2004 allows the Council to apply to the Residential Property Tribunal for an
Interim Empty Dwelling Management Order (IEDMO) followed by an Empty Dwelling
Management Order. This allows the Council to take management of the property (but not
ownership) for a period of up to 7 years. At the end of the period another order can be
applied for. The order requires the Council to bring the property back into use and pass any
surplus rental income (once the Council has recovered its costs) to the owner.
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The Council will also consider enforcement action using the following powers as required:
• Buildings Act 1984 s77 & 78 – this allows the Council to require an owner to make their
property safe or in an emergency carry out works in place of the owner to make the
property safe.
• Housing Act 1985 s265 – this allows the council to demolish a property if it cannot be
repaired.
• Local Government (Miscellaneous Provisions) Act 1982 s29 – this allows the Council
to take action to secure a property which is insecure.
• Prevention of Damage by Pests Act 1949 – allows the Council to require and
undertake works on behalf of an owner or occupier to prevent damage to buildings
being caused by rats and mice (can include works to property or gardens).
• Public Health Act 1936– allows the Local Authority to require and undertake works on
behalf of an owner or occupier to improve filthy and verminous properties.
• Town and Country Planning Act 1990 s215 – this allows the Council to take action to
require improvement of an unsightly building (including gardens).
Where the Council is owed money on an empty home (through non-payment of Council Tax
or where works have been carried out by the Council on behalf of the owner using one of the
powers above or any other power available to the Council) the Council can seek an order to
require that the property is sold in order to recover what it is owed. Any surplus monies are
then paid to the owner.
This policy supports the North Norfolk Housing Strategy 2012-2015 (Making Best Use of the
Existing Housing Stock) and the Empty Homes Policy.
September 2012
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Agenda Item No______13______
THE NORTH NORFOLK BIG SOCIETY FUND – SECOND ROUND LARGE
GRANT APPLICATIONS
Summary:
Applications for the second round of the North Norfolk
Big Society Fund (NNBSF) have been received.
Applications for smaller grants under £10,000 are
awarded by the North Norfolk Big Society Board.
Applications for larger grants over £10,000 are
determined by Cabinet.
Conclusions:
The applications to the Fund for both large and small
grants comprised of a wide variety of projects. The
applications for larger grants, referred to in this report,
have been appraised against the Big Society Fund’s
aims to: help build strong communities in North Norfolk
and to improve their social and economic wellbeing. The
recommendations in the assessment schedule have
been informed by the Big Society Fund Prospectus, the
priorities identified in the Corporate Plan and other
relevant considerations.
Recommendations:
That Cabinet pledge support from the Big Society Fund
up to £10,000 to Erpingham Parish Council, contingent
on the balance of funding for the MUGA project being
forthcoming from elsewhere.
That funding of up to £12,000 be provided to National
Coastwatch Institution, Mundesley in respect of its
prosed East Runton facility.
Cabinet Member(s)
Ward(s) affected
All
All
Contact Officer, telephone number and email:
Rob Young, 01263 516162, robert.young@north-norfolk.gov.uk
1.
Introduction
1.1
Following the first round of the North Norfolk Big Society Fund small grants
totalling £81,776 were awarded to 14 projects and large grants totalling
£58,000 to 3 projects. A monitoring report showing the progress of the funded
projects is attached as Appendix B. Details of the geographic location of the
first round grants and the amount awarded to different types of project are
attached as Appendix C
1.2
The second round of applications closed on Friday 17th August 2012. Thirtyone applications have been received for small grant funding (totalling
£181,345.16). Six applications were received for large grant funding (totalling
£199,866.78). The total amount of funding requested for both the large and
small grants is therefore £381,211.94. Norfolk Community Foundation, which
57
administers the grant scheme for the Council sent all Members a brief
summary of the applications received (for information) at the close of this
round.
1.3
Prior to their consideration by the North Norfolk Big Society Fund Board and
Cabinet some applications were either withdrawn, incomplete (so could not
be considered) or the amount of funding requested changed. This reduced
the number of small grants applications to thirty (totalling £172,400.16). The
large grant applications reduced to four (totalling £169,866.78). In total the
amount of funding requested for both the large and small grants is
£342,266.94.
1.4
The applications received are for very worthwhile projects, which will
undoubtedly yield benefits; however, with such a large number of grant
applications and for such large amounts, it is unfortunate (but inevitable) that
some will be disappointed. It has been necessary to be strict in the appraisal
of all applications in order for funds to remain for eligible and worthwhile
projects that might be submitted in future rounds.
1.5
At the time of writing this report the Big Society Board has not met to assess
this round of small grant applications. The Board meeting will take place prior
to Cabinet so an update on the Board decisions will be given at the
appropriate time.
1.6
The prospectus for the grant scheme sets out the purpose of the Fund and
eligibility criteria. This is attached as Appendix D. In considering grant
applications, the Board and Cabinet must consider whether the project will
significantly contribute towards the achievement of the Fund’s purpose as
well as how well it complements the priorities of the Council, identified in the
Corporate Plan and Annual Action Plan. The degree of ‘fit’ with the grant
scheme’s criteria have also been considered in the appraisal of applications.
2.
Large Grants Applications
2.1
Five applications requesting funding of over £10,000 were submitted. Of
these one had insufficient information to be considered and two have been
deferred, pending further support to investigate a sustainable way forward are
presented for consideration by Cabinet. Two applications are therefor
reported here for Cabinet’s consideration. The Norfolk Community
Foundation’s assessment reports in respect of each application are attached
as Appendix E. Each application has been assessed against the purpose of
the North Norfolk Big Society Fund and the Council’s Corporate Plan priorities
and any other relevant considerations.
2.2
Erpingham Parish Council
This project seeks to provide new community facilities in the form of a multiuse games area (MUGA) in this small settlement. Community support and
involvement in the project has been demonstrated; however, the costs and
other funding sources have not been as thoroughly explored.
2.3
The total project cost is estimated to be £90,000.00; the application to the Big
Society Fund is for £87,300.00. Funding of £2,700.00 already having been
raised. The funding requested is for capital costs only. The application states
58
that the project is expected to be sustainable, once built, through hire
charges.
2.4
There is a concern about the amount of funding requested for this project in
proportion to the size of the local catchment population.
2.5
Currently no other funder has been approached although potentially the
project could apply for grants, including Sport England funding of up to
£50,000. It was considered that the project is eligible, in principle, and that a
pledge be made for funding up to £10,000 in the hope that this can be used to
lever the bulk of the remaining funds from other sources more tailored to this
kind of project. Members should also be mindful of the grant amounts
awarded for sports facilities in the first funding round.
2.6
National Coastwatch Institute (NCI) Mundesley-on-Sea
The National Coastwatch Institution is a voluntary organisation which
provides an extremely worthwhile service in terms of supporting marine
safety. This project aims to provide a new NCI station at East Runton, which
would be staffed and supported by volunteers.
2.7
The total project cost is £20,000; the application to the Big Society Fund is for
£12,000; funding of £3,800 already having been raised.
2.8
In relation to the specific outcomes sought by the Big Society Fund, this
project would increase the number of people volunteering and getting
involved in their community.
Further investigations are underway to
determine whether grater levels of match funding might be forthcoming but it
is recommended that the project be supported up to a maximum of £12,000.
3.
Risks
3.1
Cabinet is being asked to determine applications for significant amounts of
funding. The operational framework within which this will operate was
adopted by Council (on 22 February) and the budget has been identified to
cover the funding recommended. Additionally the applications have been
assessed by Norfolk Community Foundation (under the terms on the SLA set
up for this purpose) and a full report on each has been provided which
identifies the risk associated with each as appropriate.
4.
Sustainability
4.1
There are no sustainability issues raised by this report.
5.
Financial Implications
5.1
The Big Society Fund was set up for the purpose of delivering grants to
appropriate organisations for initiatives that meet the specified criteria. The
approved budget for the fund in total is £450,000. The remaining funds,
following the first round and the decisions taken by the Board on the small
grant applications this round are likely to be £251,958. There is therefore
sufficient remaining in the budget to support these projects. It was agreed
that there would be four funding rounds and the application process is already
open for the third round.
59
6.
Equality and Diversity
6.1
There are no equality and diversity issues raised by this report.
7.
Crime and Disorder
7.1
There are no anticipated impacts on Crime and Disorder arising from this
report.
8.
Recommendation
8.1
That Cabinet pledge support from the Big Society Fund up to £10,000 to
Erpingham Parish Council, contingent on the balance of funding for the
MUGA project being forthcoming from elsewhere.
8.2
That funding of up to £12,000 be provided to National Coastwatch Institution,
Mundesley in respect of its prosed East Runton facility.
9.
Conclusion
9.1
The applications to the Fund for both large and small grants comprised of a
wide variety of projects. The applications for larger grants, referred to in this
report, have been appraised against the Big Society Fund’s aims to: help
build strong communities in North Norfolk and to improve their social and
economic wellbeing. The recommendations in the assessment schedule have
been informed by the Big Society Fund Prospectus, the priorities identified in
the Corporate Plan and other relevant considerations.
60
Appendix B
NORTH NORFOLK BIG SOCIETY FUND
Four Month Monitoring Report – Panel 1, May 2012
Fund Object:
The aim of the fund is to help build strong communities in North Norfolk. It aims to help communities to
develop new and innovative projects which will improve their social and economic wellbeing.
Grants Awarded:
The Fund committee met in May 2012 and awarded the following small grants (£10,000 or less) totalling
£81,776 and large grants (over £10,000) totalling £58,000.
Applicant
Cromer and
Sheringham Arts &
Literary Festival
(CASALF)
Grant
Detail
£2,050.00 Cromer and Sheringham Arts & Literary Festival (CASALF)
organises an annual festival which takes place over the
period of a week every October half term. This grant was
awarded to contribute towards the costs of piloting the
COAST Art of Food & Drink Trail.
North Norfolk : N/A
Progress
Work commenced on recruiting the North Norfolk food outlets for The COAST Art of Food Trail in July. The
group decided to delay their start date so as not to conflict with the conclusion of The Crab & Lobster
Seafood Snack and Sandwich Trail.
To date they have 15 confirmed eateries that will participate in and help host the event. It has also been
decided that the Food Trail element of the event will continue for 6+ months to Easter 2013.
The leaflet design is well underway, and 40,000 copies should be printed and available for distribution by
mid/late September. Printing will be done by Barnwell Print and distribution across Norfolk will be
undertaken by a combination of volunteers and professional marketing companies (including Creative
Arts East ‘Arts Rounds Up’ and Best Promotions.) The leaflet will include a user-friendly map of North
Norfolk, information about “alternative to car” modes of transport (e.g. bus, rail, bicycle hire etc.) as well
as affordable advertising opportunities for other small commercial enterprises. This will serve as an
informative pocket-guide to quality food and cultural attractions around the district.
The group have found that it is businesses in outlying areas and in the vicinity of non-coastal towns that
have responded the most positively to this opportunity. These places rely heavily on year-round custom
from both residents and visitors and therefore have warmly welcomed the relatively cheap promotional
opportunity that this project offers.
Applicant
Cromer Skatepark
Grant
Detail
£10,000.00 Cromer Skatepark is a local group campaigning for a
permanent, public skatepark in Cromer. This grant was
awarded to install a skate park facility.
North Norfolk :
Cromer
Progress
The grant was awarded on the condition that the group is successful in coming to an arrangement
guaranteeing the future use of the site (e.g. a secure lease and planning permission.). Plans have been set
back with planning permission refused on the preferred site, though the group continues to progress with
its fundraising towards a new skate park for the area.
61
Appendix B
Applicant
Higginbottom
Recreational Charity
Grant
Detail
£7,645.00 Higginbottom Recreational Charity supplies, maintains and
improves the facilities at the playing field in Briston. This
grant was awarded to purchase new windows and doors in
the Briston Pavilion to improve heat retention and security.
North Norfolk :
Briston
Progress
Jenny English reported that “the group were absolutely delighted to get the grant from the North Norfolk
Big Society Fund.” The group was keen to begin the work as soon as the money was received, however
after receiving a visit from a Crime Prevention Officer plans changed. A recommendation was made for
modifications to improve security further, such as thicker laminated glass and locks to the original
windows.
They have recently received a new quote from the chosen suppliers, including this new recommended
specification. The suppliers are now planning to measure up and begin installing the windows at the
beginning of October.
Applicant
High Kelling Village
Hall
Grant
Detail
£10,000.00 High Kelling Village Hall provides facilities for a variety of
user groups including a luncheon club, bowling, educational
groups and leisure and social gatherings. This grant was
awarded to rebuild the lobby area to improve energy
efficiency and visitor experience.
North Norfolk :
High Kelling
Progress
Geoff Bedford reported that the group is currently concentrating on being able to secure all the necessary
funds for the project before the release of the £10,000 awarded by the Big Society fund. They are
currently awaiting the result of two final grant applications, one with the Environmental Projects Agency
Ltd (landfill tax credits scheme) and one with the Norfolk Rural Community Council. Both are due to meet
imminently so they should have the answer very shortly. Their own fundraising continues and they are
confident that they will be proceeding with the project soon. With the agreement of the Management
Committee, the next stage should be going out to tender and they are hopeful that they should be able to
do this in the next 6-8 weeks.
Since the North Norfolk Big Society fund they have received an additional £5,000 from the Norfolk
Community fund also administrated by the Foundation.
Applicant
Hindolveston
Recreation Ground
Committee
Grant
Detail
£5,712.00 Hindolveston Recreation Ground Committee is a small sub
committee of the Parish Council overseeing the
management of and fundraising for the recreation ground
and pavilion. This grant was awarded to provide a range of
play equipment for all ages.
North Norfolk :
Hindolveston
Progress
The equipment has been ordered and they expect delivery and installation to be within 5 to 6 weeks. A
new toddler climber, basket swing and trim trail will offer more exciting play facilities and cater to all ages
from toddler upwards.
Applicant
Holt Community
Centre
North Norfolk :
Holt
Grant
Detail
£4,000.00 Holt Community Centre provides facilities for community
hire and a venue for many regular groups. This grant was
awarded to purchase and install an electric six plate oven
range and a "bain marie" for holding hot food before
serving as part of general improvements to the kitchen
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Appendix B
facilities.
Progress
The installation of the cooker and bain marie will take place shortly. The delay in implementation has
been caused by the interaction of this project with other improvements currently underway.
The first step in installing the new cooker is to provide a new powerful (21.6kW 3-phase) electricity supply
to the kitchen - now necessary to accommodate the change from gas to electric cooking. The electricians
have been instructed to undertake this work and have already been on site to plan the task. Once the
power supply is installed – expected within the next few weeks – the cooker and bain marie will be
purchased and installed.
Applicant
Holt Town Council
Grant
North Norfolk :
Holt
Detail
£1,629.00 Holt Town Council has the duties and responsibilities of a
town council, for and on behalf of the local community,
including projects and events to foster community
cohesion. This grant award was to pilot a weekly market in
Holt Town Centre to benefit the local economy and increase
footfall in the town centre.
Progress
A cheque returning the first instalment of the grant of £324 was received on 17 July following the
cancellation of the project.
Applicant
Kettlestone Village
Hall
Grant
Detail
£6,800.00 Kettlestone Village Hall committee manages the village hall
for the benefit of all residents of the village. This grant was
awarded to re-locate the village hall bar as the final stage in
a project to extend and re-order the kitchen facilities.
North Norfolk :
Kettlestone
Progress
Apple Interiors installed the new bar in the village hall in early August. Deborah Skinn stated "The village
hall looks fantastic." The new facilities have already been made good use of during a street fair held in the
village. They are planning a function where the residents can see the renovated village hall and officially
open the bar.
Applicant
Grant
Nancy Oldfield Trust
North Norfolk :
Neatishead
Detail
£5,000.00 Nancy Oldfield Trust provides a Centre where anyone who
is disadvantaged or has a disability be it physical, mental or
emotional, temporary or permanent, regardless of age can
throughout the year and without charge enjoy sailing,
canoeing, fishing, bird-watching and environmental studies.
This grant award was to replace two oil tanks which provide
fuel for residential accommodation and the motor cruisers.
Progress
The Trust was able to raise the full £6,880 and replace the oil tanks. The old domestic fuel tank had come
to the end of its life and no longer met with current regulations. The second Fuelmaster tank was for gas
oil (red diesel) which is used for the motor cruisers, bass boats and Greylag.
They are currently catering to around 5000 clients per annum, many of whom are disabled or
disadvantaged. The beneficiaries are the visitors requiring fuel for their engines and those staying in the
residential accommodation at the Centre that requires domestic fuel.
Applicant
North Walsham
Town Football Club
Grant
Detail
£7,525.00 North Walsham Town Football Club provides facilities for
and to promote community participation in the amateur
63
Appendix B
sport of association football in North Walsham and
surrounding areas. This grant was awarded to increase
dressing room accommodation and provide disabled toilets.
North Norfolk :
North Walsham
Progress
The project started at the beginning of June and is virtually finished. The dressing accommodation was
passed by the North Norfolk District Council building control and the extension to the changing rooms is
nearly complete. Everyone is pleased with the work so far and it has made a huge improvement. They are
awaiting the installation of an alarm in the disabled toilet to complete the work. The new facilties benefit
both regular members and visitors to the club.
Applicant
North Walsham In
Bloom
Grant
North Norfolk :
North Walsham
Detail
£4,824.00 North Walsham In Bloom promotes the development of
floral displays in North Walsham using beds, bubs or
hanging baskets either by their own endeavours or by
encouraging traders to enhance their premises. This grant
award enabled the group to replace 24 half barrel tubs with
new plastic models.
Progress
Christopher Roberts reported “We have placed orders with the company supplying the tubs and towers
however cannot progress any further until autumn planting time (around October) when the old half
barrel tubs will be exchanged for the new ones.”
Applicant
Sheringham Skate
Club
Grant
Detail
£10,000.00 Sheringham Skate Club provides sport and leisure activities
to young people in Sheringham, to promote health and
wellbeing and reduce anti-social behaviour throughout the
town. This grant was awarded to contribute to the costs of
building the skate park.
North Norfolk :
Sheringham
Progress
This grant was awarded on the condition that the other funds needed to undertake the project were
secured, and following this confirmation the grant was paid in early August. The project should get
underway shortly.
Applicant
Southrepps Parish
Council
Grant
Detail
£5,176.00 Southrepps Parish Council provides services to the local
community in Southrepps through democratic decision
making. This grant was awarded to purchase two nest
swings as part of a project to renew all equipment on the
play area.
North Norfolk :
Southrepps
Progress
Elaine Pugh was delighted to inform us that the grant has been spent in full on the two items of play
equipment. The nest swings have been installed on the playing field and have been popular amongst the
younger children who visit the play area.
Applicant
Stalham Brass Band
North Norfolk :
Stalham
Grant
Detail
£5,000.00 Stalham Brass Band aims to help the community of Stalham
by training and encouraging people of all ages to play in the
brass band, bringing music, cohesion and enjoyment to the
community. This grant was awarded to fund the costs of a
project to get young people playing brass instruments
Progress
The brass band training scheme is underway, catering to over 50 children aged between 6 and 11 years
old. The trainees have had individual and ensemble training from tutors, both during the holidays and
after school. Tim Thirst, the Director, held a Brass Band Week allowing guests to drop in on a practice
64
Appendix B
session and explore and try out the different instruments from the cornet, horn, baritone, trombone and
the euphonium. The group have already received great publicity in the Great Yarmouth Mercury after
Norman Lamb (North Norfolk MP) visited the group to see how they were progressing. He stated that ‘it is
fantastic to see so many young children playing a musical instrument and they are learning skills that are
invaluable to them in their education and life.’
Applicant
The Mo Museum
Grant
North Norfolk :
Sheringham
Detail
£6,415.00 The Mo Museum provides and maintains the museum
exhibition facilities in the area of Sheringham and its
environs. This grant was awarded to create a 'History Hub'
at the museum for the benefit of the townspeople and the
wider community.
Progress
The Mo Museum is a tourist attraction and therefore the summer months of June through to October is
the busiest time of the year receiving the majority of the annual visits. This has had a knock on effect to
the History Hub and the project has been slightly delayed. The work is scheduled to begin properly from
early October/November when the museum closes for the winter period. This will allow the space
required and time to get volunteers in place and allow the work to begin.
They have however carried out some initial work on the project utilising the behind the scenes “back of
house” areas. Two new volunteers have been recruited to begin the digitisation of the existing collections
and this takes place on a Wednesday and Thursday. The group are hopeful they will be able to recruit
around 40 volunteers as the project builds momentum, utilising their relationship with Voluntary Norfolk
and the Charity Backroom membership the museum holds to do a ‘call for volunteers.’
The main season launch is due to happen in March of 2013 when the museum re-opens and they are
hopeful they will have an estimated 8000 photographs and objects recorded, ‘digitised’ and uploaded on
the History Hub relating to the history of Sheringham and its people. A software engineer has been
recruited to help run the project and oversee the volunteers work. Once the collection is ready to view
the general public will be asked to access the collections and contribute their own oral histories, written
memories, documents and artefacts to the database.
Applicant
Wells Maltings
Trust
North Norfolk :
Wells
Grant
Detail
£38,000.00 Wells Maltings Trust aims to create a sustainable
community looking at the social, economic and
environmental needs of the area. The project aims to
transform a historic former Maltings and Sackhouse
building town into a viable and self sustaining hub at the
centre of the community providing a permanent home for a
range of new and improved facilities including workspaces
for smalls businesses and start up enterprises, a new
heritage celebrating the maritime history of the local area,
and improved auditorium space, meeting rooms, a
community café, and a dedicated youth space. This grant
was awarded to to restore and repair the Sackhouse
building.
Progress
Things are progressing positively - the Big Society Fund grant was used as match funding to help draw
down over £125,000 of funding from the RDPE fund which was agreed in September. The group is now in
the process of contacting local builders to select a contractor. All being well, work should start by the end
of the year with a view to being complete and ready for new business users in late spring next year. In the
meantime they are planning a comprehensive marketing strategy to make sure that small local businesses
are aware of the opportunity.
65
Appendix B
Applicant
Wells Skate Park
Group
Grant
Detail
£10,000.00 Wells Skate Park Group is a voluntary group of local adults
and young people formed to respond to local young
peoples' request for a safe area for skating, bmx-ing and
scooting. This grant was awarded to contribute towards the
capital needed for the skate park.
North Norfolk :
Wells
Progress
This conditional grant award was released following confirmation that funds have been secured for the
main build. Funds now stand at £57,000 against the £65,000 total project cost, and the group has
recently applied to the Co-op Community Fund and the Tesco Community Fund for £2000 each for 'street
furniture' (i.e. bins benches and a gate). Local young people have held a stall and sideshow during
Carnival Week and at the Pirate Festival, and are also organising a Disco in the Maltings. An application
has been submitted for a grant from the Lovewell Blake fund to be considered in October. It is expected
that works will be fully underway by the spring. The work will be carried out by Wheelscape of
Bristol. They are making a further visit to meet the users and the steering group in October. At a later
stage a presentation will be given by Wheelscape to the Town Council.
The main beneficiaries will primarily be the young people of Wells and outlying district of 20+
villages. The multitudes of young families visiting the area during each holiday season will make use of
the facility and relieve the pressure and nuisance caused by older children on the children's playground.
66
Appendix C
Cromer and Sheringham ...... £2,050
Arts & Literary Fesval
Wells Skate Park
Wells Malngs Trust
£10,000
£38,000
High Kelling Village Hall ...£10,000
Sheringham Skate Park ... £10,000
The Mo Museum............. £6,415
Holt Community Centre ... £4,000
Cromer Skate Park ... £10,000
Southrepps Parish Council ... £5,176
(Play Equipment)
North Walsham in Bloom .....£4,824
North Walsham Town .........£7,525
Football Club
Stalham Brass Band ....... £5,176
Higginbo;om Recreaonal .... £7,645
Charity
Ke;lestone Village Hall ... £6,800
Hindolveston Recreaon ...... £5,712
Ground Commi;ee
Nancy Oldfield Trust ....... £5,000
North Norfolk Big Society Fund
Grants Awarded – 1st Round—May 2012
Total No. of Grants Awarded:- 16
Total Amount Awarded : - £138,147
67
Appendix D
THE BIG SOCIETY PROSPECTUS 2012
Trevor Ivory
North Norfolk District Council
Cabinet Member for Localism and
the Big Society
As Cabinet Member for Localism I
am delighted that North Norfolk
District Council has launched this exciting new
initiative – The Big Society Fund. It will provide
support to communities in the district by making
grants available through the fund itself, by
providing support and advice to voluntary and
community organisations and by providing
assistance (through town and parish councils) to
help with regeneration and planning to meet the
needs of neighbourhoods.
Our local communities are best placed to decide
what their needs are and how they should be met
and this initiative provides a real opportunity to
make investment in the things that matter to
them. The Council will provide support and will
make funding available, but it is for communities
to come up with the ideas.
The Council wants all neighbourhoods in North
Norfolk to be able to thrive and I hope the Big
Society Fund will be the springboard from which
new and exciting ideas will be launched. I am
eager to see innovative projects coming forward.
Summary
The Big Society Fund will assist communities in meeting
their needs. The Fund is provided by North Norfolk
District Council and is available to support community
projects throughout the District. The Fund will amount
to approximately £450,000 in the first year of operation
and will be reviewed annually. It is intended for grants to
be easy to access for a wide range of community and
charitable organisations and applications will be
considered throughout the year.
Applications are invited from 2 April 2012 and those
submitted before 4 May 2012 will be considered at the
first meeting of the Board on 21 May.
The Fund will be administered on behalf of North
Norfolk District Council by the Norfolk Community
Foundation.
Purpose
The purpose of this fund is to help build strong
communities in North Norfolk. It aims to help
communities to develop new and innovative projects
which will improve their social and economic wellbeing.
THE BIG SOCIETY PROSPECTUS 2012
What type of projects would the fund support?
The fund will be available for projects that will improve
or support the wellbeing of our communities and/or
deliver improvements to the local economy. It is
expected that projects would be complementary to the
priorities of the Council as detailed within the Corporate
Plan and Annual Action Plans.
www.northnorfolk.org/council/9047.asp
Outcomes (i.e. benefits or impacts that can be recorded
now and/or in the future) that we would expect to
evidence as a result of investment from this fund are:
z People working together to achieve benefits that can
be both appreciated by and have real positive
impacts for the whole community, or sections of it
that have particular needs related to the outcomes
that will be delivered.
z People who feel part of their community and have a
sense of belonging and responsibility for the good
and long-term benefit of the wider community.
z Communities and/or local groups who feel
empowered to make a difference and make
improvements to the lives of those who they support
in the locality.
z An increased number of people volunteering and
getting involved in their local community to achieve
greater levels of activity aimed at improving and
sustaining opportunities for the wider community.
z Local economic benefits that can create
employment and training opportunities for those
most in need.
The following will not normally be supported by this
Fund:
1. Ongoing revenue costs for administering groups or
organisations, unless these lead directly to clear
short-term project outputs or deliverables with a
long-term exit strategy with a viable funding
programme in place.
2. Ongoing revenue to meet costs such as building
maintenance, cleaning, staffing and infrastructure.
3. Statutory responsibilities and regulatory functions of
public bodies.
z
Who would be eligible to apply?
The Fund will be available for projects that support
people and activities within the North Norfolk District
geographical area. The following categories of
organisation are likely to be eligible:
z Local voluntary organisations, charities (whether
registered or not) and community groups.
z Parish and Town Councils within North Norfolk
District.
z Larger regional or national charities/organisations if
the funding is to deliver a specific project in North
Norfolk.
z Community businesses, social enterprises and other
not-for profit organisations.
z
Note: schools will be eligible if the project/ activity
proposed relates to community oriented or supported
activities that are outside the school’s normal core
curriculum and/or main term-time educational role
(usually outside school hours).
The kind of activities or initiatives that could be
supported, for example, might include:
1. The provision of new or improved community
facilities.
2. The establishment of new organisations or specific
activities (for existing organisations) that will meet
identified local needs and can evidence sustainable
long-term outcomes.
3. Events which promote community involvement or
innovative approaches that bring people together,
that can be sustained (where appropriate) by the
community in the longer term.
4. Projects that encourage specific (hard-to-reach)
people or groups to become more active in the
community (e.g. delivering new training or work
related activities to generate economic benefits for
the area).
5. Projects that generate and/or increase social
enterprise activity, creating more opportunities for
local employment and/or training that can create or
sustain local jobs.
Organisations that are routinely supported by grant
funding from North Norfolk District Council will not
normally be eligible unless the application can prove
that the funding request is for a specific additional
project and that the outcomes are over and above any
existing funding agreement with the District Council.
Individuals will not be eligible to apply.
What evidence is expected to support grant
applications?
Applications should include information, supported by
evidence where appropriate, showing the following.
z The project outputs and outcomes and how these
match the purpose of the Big Society Fund.
z The needs or characteristics of the community
which the project is intended to support.
z Demonstrable support from within the community
that the proposed project is expected to benefit.
z Who the expected beneficiaries are, identifying their
location and other relevant characteristics.
68
z
z
z
The governance and management arrangements of
the group responsible for administering or
implementing the project.
The total project budget, including ‘whole-life’
costings and the proposed and alternative sources
of funding.
A programme for implementing the project (including
key dates and timescales).
A realistic cash flow forecast for any revenue
implications relating to the project (detailed as
appropriate to the scale and scope of the activity
being funded).
A commitment to provide evidence of the project
outcomes once it is complete.
Funding commitment
North Norfolk District Council will honour funding
commitments and will expect applicants to act
reasonably with respect to the submission of funding
applications and to be realistic in respect of their ability
to spend any approved Big Society Fund monies;
therefore:
z There will be no limit on the number of times that an
organisation can apply but the expectation is that
normally only one application will be funded in any
one year.
z Grants will normally be expected to be spent within
one year of the date of the letter confirming the
award. A two-year funding commitment could be
made to a project if more than fifty percent of the
funding is committed from other sources for the
equivalent period and there is a clear demonstration
of project deliverables over that period, together with
a sustainable funding programme.
z Any unspent grant at the end of the grant period
shall be expected to be returned, unless agreement
otherwise has been confirmed in writing by North
Norfolk District Council.
z While there is no limit on the size of grant requested
from the Big Society Fund there is an expectation
that applications for grants in excess of £10,000
would need to provide substantial evidence (e.g.
offers of support, grant approval letters) of the total
funding package and a substantiated and viable
business case, clearly demonstrating the benefits of
the project.
Appendix D
THE BIG SOCIETY PROSPECTUS 2012
Award of Grants
The Fund will be administered through a rolling process,
with applications received at any time. Decisions on
grant awards will made in the following manner.
z Grants of £10,000 or less will be determined by a
grants panel (called the Big Society Board). This
Board will meet quarterly.
z Grants of more than £10,000 will be determined by
North Norfolk District Council’s Cabinet, normally at
meetings held quarterly to coincide with meetings of
the Big Society Board.
z Urgent applications, that can demonstrate the need
for immediate decision on the application, will be
considered by North Norfolk District Council’s
Cabinet at its normal monthly meeting.
z District Council Ward Members will be notified of
grants being submitted which affect their locality.
Further information and making an
application
To find out more about the North Norfolk Big
Society Fund please go to www.northnorfolk.org
where you will also find a link showing you how to
apply.
If you would like to receive this document in
large print, Braille, alternative format or in a
different language, please telephone 01263
516162 and we will do our best to help.
The North Norfolk
Big Society Fund
Prospectus
Audit / Evaluation of Grant
A grant agreement, setting out any standard or special
terms and conditions, will be signed confirming the
award of each grant.
Branding
Grant funded projects will be expected to provide a
suitable acknowledgement of the Fund such that it can
be viewed by the greatest number of people in the
community (commensurate with the scale and scope of
the project as determined by the funder on approval of
the grant).
Any building or infrastructure (including play area and
green space) projects must display acknowledgement
of the Fund in an open public area.
It will be made clear in all publicity, correspondence
etc. that the Grant is provided by NNDC
Big Society Board
The Big Society Board has been set up to consider
grant applications for bids of £10,000 or less. The
terms of reference of The Board will be available on
NNDC’s website. Administration for the grant Fund will
be provided by the Norfolk Community Foundation and
The Board will be supported by an NCF director and an
officer from the Foundation’s grants team.
The current members of the Board are:
Cllr Trevor Ivory
– Cabinet Member for Localism
and the Big Society
Cllr John Wyatt
– Member of the Council
Cllr Philip High
– Member of the Council
Cllr Ben Jarvis
– Member of the Council
Cllr Steven Ward – Member of the Council
NORTH NORFOLK DISTRICT COUNCIL
HOLT ROAD CROMER NORFOLK NR27 9EN
Telephone 01263 513811
w w w . n o r t h n o r f o l k . o r g
w w w . n o r t h n o r f o l k . o r g
69
Appendix E
ASSESSMENT REPORT
Name of Group: Erpingham Parish Council
Status: Parish Council
Established Date: 01/01/1971
Contact: Mrs Sandra Portas
Panel:
NORTH NORFOLK BIG SOCIETY
FUND September 2012 Large Grants
Assessed By: Jenny Bevan
£ Requested: £87,300.00
Organisation Size:
F/T Staff: 1
P/T Staff: 0
Volunteers: 0
Number of beneficiaries:
1000
Primary issues:
Sport and Recreation
Total Project Cost: £90,000.00
District: North Norfolk
Sub district: Erpingham
Primary beneficiaries:
People in Rural Areas
Primary age groups:
Young People (13 – 18)
Organisation purpose:
Parish Council of Erpingham with Calthorpe
Application summary:
To construct a multi use games area (MUGA) in the village of Erpingham.
Financial information:
Annual operating budget - £6,661
Free reserves - £3,500
Income generation - Total income in the year ending March 2012 £11,267, mainly comprising the £6,000
precept and a £4,000 grant.
Referee comment:
Rev. Brian Faulkner. "The MUGA will be of enormous benefit to the whole community. It will allow the village
youth to participate in a wide variety of sports as at present they have to travel quite a distance. It will enable
a variety of sports to be played and should encourage community cohesion and wider community
engagement."
Monitoring objectives:
- to provide a MUGA for Erpingham and the surrounding rural areas
- to encourage wider participation in sports
- to increase facilities for local young people
Recommendation:
This application is presented for consideration. The full cost of this project is requested, less a small sum
raised in the parish, and to date no other funder has been approached. The Parish Council is aware that an
award in full from this fund is unlikely, and the panel is asked to consider whether the offer of a contribution
(conditional on other funds being raised) at this stage would be appropriate to kickstart this project.
Erpingham is a small community with c. 800 households. The Parish Council is requesting funds to construct
a multi-use games area (MUGA) for the village and the surrounding areas. The project was instigated by
local young people who have highlighted the need for more sports/ recreation facilities in the area, and the
whole village has been invited to participate and comment on the project through public meetings. It is
recognised that the availability, and cost, of public transport is a significant obstacle for young people in
accessing facilities elsewhere, which has led to incidences of anti-social behaviour in the area. There is also
interest from sports clubs and the local school in using the new MUGA - the school currently buses children to
Sheringham for sports activities. Generally there is very little sports provision available locally, and it is hoped
that new groups and clubs will start up once the facilities are available to them. Erpingham has an active
football club, and Cromer Tennis Club has expressed interest in using the facility.
The MUGA will be roughly 35m x 17m, and will comprise a fenced and floodlit macadam sports surface able
to be used for a range of ball sports - tennis, football, basketball, netball, volleyball etc. The site is owned by
the Parish Council and was purchased from a local private landowner to enable the new MUGA to be created
next to the village hall and related facilities. Planning permission has been granted.
The MUGA will cost £90,554 (excluding VAT which the Parish Council will reclaim), of which only £2,700 has
been secured to date. This has mainly come from the Parish Council, with small sums raised in the
community. The full balance of £87,000 is requested from this panel. Quotes from 3 suppliers have been
provided evidencing that the chosen contractor has offered the lowest price. Following the outcome of this
1
70
Appendix E
ASSESSMENT REPORT
application, funders such as Sport England will be approached to support the project. It is noted that
quotations supplied date back up to 12 months, so there is likely to be some adjustment to costings.
It is expected that any ongoing costs relating to the MUGA will be covered from fees charged to groups and
sports clubs who wish to use the facility.
2
NORTH NORFOLK BIG SOCIETY FUND September 2012 Large Grants
71
Appendix E
ASSESSMENT REPORT
Name of Group: National Coastwatch Institution Mundesley
Status: Voluntary Group with constitution
Established Date: 01/05/1995
Contact: Mr Richard John May
Panel:
NORTH NORFOLK BIG SOCIETY
FUND September 2012 Large Grants
Assessed By: Jenny Bevan
£ Requested: £12,000.00
Organisation Size:
F/T Staff: 0
P/T Staff: 0
Volunteers: 50
Number of beneficiaries:
10000
Primary issues:
Community Support and Development
Total Project Cost: £20,000.00
District: North Norfolk
Sub district: Mundesley
Primary beneficiaries:
Local residents
Primary age groups:
Adults (26 – 65)
Organisation purpose:
to assist in the preservation of life at sea and of those using the Mundesley foreshore; to assist HM
Coastguard in keeping a visual and radio watch; to monitor local weather and sea conditions
Application summary:
To establish a new NCI affiliated coastwatch station in North Norfolk serving Cromer and its immediate
environs.
Financial information:
Annual operating budget - £5,796
Free reserves - £3,269
Income generation - Total income in the year ending June 2011 £7,821, all from grants and donations.
Referee comment:
Catherine Plewman, Town Councillor and Poppyland Partnership Co-ordinator. "This project will bring people
together to address a common need for a cohesive and vigilant coastal watch, and promote volunteering by
creating new opportunities for people to protect, preserve and enhance their local public spaces."
Monitoring objectives:
- to enhance community safety
- to create up to 50 local volunteering opportunities
Recommendation:
This application is presented for the panel’s consideration. In a busy tourist area, this volunteer driven project
has the potential to improve community safety and engage up to 50 local people in volunteering. Costs have
been evidenced, and there are plans in place to secure the remaining funds needed to proceed. The panel
are advised to make any grant offer conditional upon the receipt of other funds, and may also wish to request
evidence that the new group has been formally established.
This application is submitted by National Coastwatch Mundesley, requesting funds towards the establishment
of a new coastwatch station in East Runton. The intention is that once formalities such as setting up a bank
account and establishing a local committee can be put in place a new separate and independent organisation
will be established in East Runton (affiliated to the National Coastwatch Institution).
There are 46 stations around the coastline of England and Wales, with 4 covering North Norfolk in
Mundesley, Happisburgh, Sheringham and Wells. All NCI stations are run entirely by volunteers, and keep a
daylight watch 365 days per year. Their main role is to relay information about people, animals or craft in
distress to the emergency services. The provision of coastwatch services has declined in recent years, and by
1994 nearly all were closed. In response, groups of volunteers began to re-open some of the lookout rooms
under the NCI umbrella - national statistics show that in 2011 NCI coastwatch services handled 304 incidents,
due to 190,039 hours manned by 2021 trained volunteers. The Mundesley group was awarded the Queen's
Award for Voluntary Service in 2009.
Funds are requested to establish a new National Coastwatch Institution (NCI) affiliated watch station in North
Norfolk servicing Cromer and its immediate environs. The waters around Cromer are reported to be
particularly busy in terms of shipping, fishing and tourism. The group has been campaigning for a station in
the vicinity of Cromer for a number of years and has now secured a 5 year lease and planning permission
from NNDC on a cliff-top site in the adjoining seaside village of East Runton, approximately halfway between
the existing lookout stations in Mundesley and Sheringham (linear distance 12 miles). Unlike in Mundesley,
3
72
Appendix E
ASSESSMENT REPORT
where the original watch house has been in place for 80+ years, there is no existing building in the Cromer
area appropriate for this use. A purpose-designed port-a-cabin will therefore be sited on the cliff-top car park
in East Runton, with secure fencing and gated vehicular access.
The total cost of the project will be £20,000, covering purchase and siting of the port-a-cabin (£10,741), plus
fencing and gated vehicular access (£5,000) and electricity supply. To date £3,800 has been raised and a
further £4,200 has been requested from Scira - this has been approved at the initial stage and a decision will
be made in November. The £12,000 requested here would enable the project to go ahead should this bid be
successful.
The coastwatch group is clearly committed to this project, and reports local support from parish and town
councils, RNLI, Norfolk Coast Partnership, Poppyland Partnership (who provide a reference), plus 90+
residents who have signed a petition. The cost of running a Coastwatch Station on the North Norfolk coast is
£3,000 approx. per annum. Typically funds are raised from regular collections by members of that station's
voluntary staff at locations such as Supermarkets, plus street collections. Funds are also obtained from
donations by local busineses and organisations, such as the Masonic Order, Rotary Club etc. The
established coastwatch stations have sustained themselves successfully by these means.
4
NORTH NORFOLK BIG SOCIETY FUND September 2012 Large Grants
73
Agenda Item No____14________
North Walsham Town Centre Enhancement and Signage Scheme
Summary:
The report seeks approval from Cabinet for £46,000
partnership funding support from the Council’s
Leadership of Place Programme budget, to contribute to
the Market Place improvements and highway signage
scheme that has been initiated by Norfolk County
Council and agreed by North Walsham Leadership of
Place Steering Group and constituent local
organisations. The total cost of the scheme is
approximately £96,000. The County Council has a
budget of £50,000 that has been approved by their
Cabinet in March 2012.
The North Walsham Leadership of Place Programme
document was endorsed by Cabinet in March 2011. The
Programme and action plan that has been led by NNDC
was taken forward from March 2011 by the North
Walsham Leadership of Place Steering Group Board.
Under the Programme Action Plan, three main priority
strands of actions were agreed. These were community
and business leadership, town centre and industrial
infrastructure improvements and public sector facilities
and service efficiencies. As part of strand two of the
Programme, the scheme to improve highways, parking
and traffic flows will seek to provide a safer pedestrian
environment and contribute towards the future economic
and community well being of the town.
Conclusions:
The proposed scheme to improve the physical
infrastructure of North Walsham town centre has been
put forward for decision as a partnership initiative that
seeks to add value to the many various initiatives aimed
at the overall economic and community well being of
North Walsham.
The development of North Walsham as a vibrant and
commercially viable service hub for the rural hinterland
will rely on providing an accessible, safe and convenient
business centre that offers the best possible
environment for businesses to invest and grow in the
longer term.
The Market Place Enhancement and associated
highway signage scheme will add further value to the
work underway and being led by local partnerships,
including the North Walsham Town Team that have
formed to market and promote the town and create new
events, markets and energy to the trading heart of the
town.
74
Recommendations:
1. Cabinet approve £46,000 funding support from
the Council’s Leadership of Place Programme
budget, to contribute to the Market Place
improvements and highway signage scheme in
support of the Leadership of Place Programme.
2. Cabinet confirm that conditional to £46,000 being
provided as a scheme contribution by NNDC that
any overspend on the total cost of this amount is
covered by Norfolk County Council from its own
budget and that the signage works as part of the
overall scheme are completed within the financial
year 2012-13.
3. That officers within both Conservation and
Design and Property sections of the District Council
are fully engaged in the detailed design aspects of
the schemes with Highway officers working with
Norfolk County Council.
Cabinet Member(s) Trevor
Ivory
Ward(s) affected North Walsham North
Contact Officer, telephone number and email: John Mullen, ext 6104,
john.mullen@north-norfolk.gov.uk
1
Introduction
1.1
The North Walsham Market Place Enhancement Scheme that seeks to
improve and consolidate town centre traffic flows, parking and pedestrian
access was first agreed as a local highways scheme in 2009. Consultation
through a local working group on the preferred scheme was initially carried
out with the Town Council, Chamber of Trade and County Councillors by
officers with the County Council and the final option (appendices 1 - 3) agreed
with the working group at this time.
1.2
The current scheme has been promoted for implementation within the North
Walsham Leadership of Place Programme after workshops were held to
consult with community and business groups on the priorities for the town
under three main objectives in the report issued and agreed in March 2011.
The workshop sessions were held to gauge local support for initiatives that
would support community and business well-being and long term viability.
1.3
North Norfolk District Council acting as the lead body taking forward the
Leadership of Place Programme has been pro-active in the support offered to
the town via various infrastructure renewal initiatives that have been put in
place since the study was endorsed in 2011. Recently, the Council has taken
forward schemes for car park re-surfacing, pay and display machine
replacement, new coach parking and installation of Vicarage Street WCs. The
75
Council is supporting a retail demand study, property review and assessment
of car parking charges alongside being actively involved in working with
partners on establishing the North Walsham Town Team initiative that is
bringing together traders, councils, High School and Paston College.
An additional report for Cabinet’s consideration at this meeting relates to the
former Butchery WC’s and the adjacent derelict site of 4 Market Street.
2.
Scheme consultation, timescales and design
2.1
Research findings from the Leadership of Place Stakeholder Workshops
2010/11 highlighted the main background information relating to the scheme
that stated:
“In 2007, NCC officers met with the Town Council and Chamber of Trade with
a proposal for a trial pedestrianisation scheme for 1 day a week (in addition to
the existing Thursday market day). This was met with objections and
intervention by local MP. Following this a working party was formed which
included members from the traders, Town Council and local County
Councillors. It was agreed that whilst full pedestrianisation was unattainable,
there was a strong desire to improve pedestrian facilities, reduce through
traffic and rationalise existing traffic regulation orders whilst maintaining
parking to assist traders. Proposals were developed and agreed by the
working party that comprised both direction signing to the car parks and
alterations to the Market Place” (Market Place improvements Leadership of
Place Programme study).
The engagement of both community leaders and businesses in the town were
held in the winter of 2010/11. From the workshop’s feedback, the messages
from the Business event included:
C. Work on the infrastructure of the town – in particular, the vitality and
viability of the town centre as a place for the delivery of services: its
physical appearance, pedestrian environment, signing, access issues.
.
2.2
NCC Current Market Place traffic issues.
County Council Highway Officers in 2009 stated in their report that:
“the Market Place forms a major traffic through route for the town and is a
busy shopping area. The two serve to cause some of the major areas of
congestion due to people looking and waiting for parking spaces combined
with numerous bus activity and business deliveries using HGV’s.
Businesses are acutely aware that the majority of their trade is from people
who access the Market Place directly and park on a short term basis. This
has led to numerous objections from the local business community to
proposals to a full pedestrianisation scheme. It should be noted however that
the Market Place is closed on Thursdays for market stalls which provides
additional retail trade as people travel to visit the Market on a Thursday. The
Bus service uses alternative routes on Thursday which in theory could be
extended to other days or all of the week. The physical layout of the Market
Place is such that there is a confusing mix of waiting restrictions, loading
restrictions, loading bays, parking places and bus stops and forms a major
through route for the Town.
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2.2
Indicative Timescales and work schedules
The County Council has indicated that implementation should be phased into
two work streams with signage for the town being taken forward in the
2012/13 financial year and phase two Market Place improvements being
worked up for delivery in 2013/14 financial year. The second phase work
would be subject to Traffic Regulation Orders to accommodate revisions to
parking bays, disabled bays and raised platforms. It will also be necessary to
seek approval from NCC Highways Committee for the rolling forward of the
budget committed to the scheme in 2009. Therefore, allowance of 8 to 9
months from instructing design to start work on this scheme would be subject
to agreeing the funding at both District and agreement of timescale change at
County Council to slip the majority of their £50,000 into the 2013/14 budget.
Physical work on signage and footway build out is estimated to take no more
than two weeks once this work has commenced. Officers will endeavour to
urge the NCC to bring the works forward as soon as possible, given the
length of time that has already elapsed.
2.3
Market Place Scheme Design and signage
The plan drawings for the improvements to the Market Place and the
signage that will be constructed and installed in the desired areas of the town
are attached as appendices 1 – 3 of this report.
This scheme might be subject to minor revisions pending further detailed
discussions with stakeholders.
3.
Assessment of scheme benefits for North Walsham Town Centre
3.1
North Walsham town centre, since the late 90’s has been the focus of
business, community and local authority concern regarding the traffic and
parking arrangements, circulation and accessibility. The rationale for the
Market Place and highway signage scheme prioritises the reduction in levels
of congestion and incidences of both conflict and danger to the general public
whilst easing vehicle movement and raising awareness of the availability of
public off street parking. The scheme will seek to rationalise and consolidate
these aspects of the town traffic movement and parking and as such should
bring significant improvements to the town centre. The scheme has been
endorsed by local representatives including the North Walsham Chamber of
Trade and North Walsham Town Council who have been consulted on the
scheme design and its rationale since its inception in 2009.
3.2
District Council officer consultation on scheme details
Although consultation and endorsement on the basic principles of the scheme
has taken place within North Walsham, there will be a need for both
engagement and detailed consultation on both phases of the scheme with
relevant officers of the District Council, the Conservation Design & Landscape
section and the Localities section (with regard to Car Park management). The
Market Place scheme, given its location, (within the centre of the North
Walsham Conservation Area) and following on from the 2002 Heritage
Economic Regeneration Scheme (that enhanced pedestrian and vehicle
77
surfaces and rationalised traffic movement) would be expected to take
account of this specialist input and support from Conservation and Design
officers at NNDC before further detailed design work is carried out.
4.
Conclusion
The proposed scheme to improve North Walsham town centre has been put
forward for decision as a partnership initiative that seeks to add value to the
many various initiatives aimed at the overall economic and community well
being of North Walsham.
The development of North Walsham as a vibrant and commercially viable
service hub for the rural hinterland will rely on providing an accessible, safe
and convenient business centre that offers the best possible environment for
businesses to invest and grow in the longer term.
The Market Place Enhancement and associated highway signage scheme will
add further value to the work underway and being led by local partnerships,
including the North Walsham Town Team that have formed to market and
promote the town and create new events, markets and energy to the trading
heart of the town.
5.
Implications and Risks
Contributing funding towards this scheme will ensure it is implemented within
a reasonable timescale. This will bring significant benefit, to the town and link
in to other improvement and development projects. Not doing so would put
this scheme in jeopardy or delay it still further and miss this opportunity.
The main implications and risks for the District Council in both the
development and implementation of the scheme will be in ensuring that the
specific designs and physical works together with the impact desired by the
local partnership do indeed provide the sort of added value outcomes for
initiatives that are identified with the Leadership of Place Programme.
The risks involved in taking forward the detailed design and implementing the
works can be mitigated and managed through more detailed consultation and
joint agreement with the officers working in the Conservation and Design and
Property sections of the Council as recommended within this report.
It would be important also for both the management of the publicity and
related communication for the scheme to be agreed by the relevant media
officers at both District and County Councils to ensure that businesses and
the wider community are kept fully informed of the scheme’s development.
6.
Financial Implications and Risks
The scheme is being taken forward by Norfolk County Council Highways
section which is seeking a direct partner contribution of £46,000 from
NNDC via the Leadership of Place Programme. Partnership working and
funding to take forward this scheme through the Leadership of Place
Programme has been previously endorsed by both members sitting on the
Programme Steering Group and an overall budget has been identified for
initiatives that are to be taken forward through the Leadership of Place
Programme.
To reduce any risk of this scheme going beyond the set budget available as a
specific partnership contribution from NNDC it is expected that council
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officers confirm and agree the cost details of the scheme and ensure that it
can be developed and delivered to the specification standard and end impact
desired by NNDC working on behalf of the Leadership of Place Steering
Group.
7.
Sustainability
The scheme seeks to develop a better level of accessibility, reduced
pedestrian and vehicle conflict and rationalise traffic flows within and around
North Walsham town centre yielding sustainability benefits. The need for
future investment in infrastructure and traffic management will remain an
ongoing resource issue as it is with the majority of town centres across the
county and future schemes to create more improvements for pedestrians will
inevitably be an issue through future consultation and available resources
8.
Equality and Diversity
There are no equality and diversity issues that would impact on the District
Council supporting this scheme, accessibility issues regarding the scheme
will be considered and introduced as part of the scheme design by NCC as
the relevant Highways Authority for the area.
9.
Section 17 Crime and Disorder considerations
Any implications relating to crime and disorder considerations will be
considered by NCC as the relevant Highways Authority for the scheme.
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Agenda Item No_____15_______
4/4a Market Street (and adjacent former public conveniences) North Walsham
Summary:
This report seeks to address the issues relating to the
Council’s own landholding at a site in North Walsham
town centre and, in particular, recommends a way in
which this should be put to best effect to ensure that the
derelict building occupying the adjacent site (number 4
and 4a Market Street) is improved.
Conclusions:
There is no question that the site of 4 and 4a Market
Place is having a detrimental impact upon North
Walsham town centre. NNDC has done everything it
can to-date to remove any obstacles and to encourage
the improvement or redevelopment of the site. This has
not resulted in the requisite action on behalf of the
landowner. The Council should therefore, under the
auspices of the ‘Infrastructure’ theme of the approved
Leadership of Place Action Plan (endorsed by Cabinet
in March 2011) take the appropriate steps to facilitate
the improvement of the site within a reasonable
timescale.
Recommendations:
It is recommended that:
1) authority be given to the Chief Executive, in
consultation with the Corporate Assets portfolio
holder, to agree the transfer of the Council’s
asset (site and building) at the Butchery toilets,
North Walsham in accordance with the terms
outlined in this report, to the owner of the
adjacent site (4/4a Market Street, North
Walsham); and
2) authority be given to the Chief Executive, in
consultation with the Corporate Assets portfolio
holder, to acquire the site comprising 4 and 4a
Market Street, North Walsham, by private treaty
for a sum not exceeding £35,000, or by
compulsory means for the sum determined by
any confirmed Compulsory Purchase Order (by
reference to Cabinet if necessary), should
disposal under recommendation 1) not be
satisfactorily completed within a reasonable
period of time.
Cabinet Member(s)
Ward(s) affected
Cllr T Ivory & Cllr W
North Walsham West
Northam
Contact Officer, telephone number and email:
R Young, 01263 516162, robert.young@north-norfolk.gov.uk
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1.
Introduction
1.1
This report seeks to address the issues relating to the Council’s own
landholding at a site in North Walsham town centre and, in particular,
recommends a way in which this should be put to best effect to ensure that
the derelict building occupying the adjacent site (number 4 and 4a Market
Street) is improved.
1.2
The context for such an intervention is provided by the North Norfolk Annual
Action Plan 2012/13, which includes the following actions under the ‘Localism’
theme.
“We will work with the key organisations with an interest in North
Walsham to implement the actions and interventions identified through
the ‘Leadership of Place’ project.”
“We will utilise our resources, statutory powers and influence to realise
opportunities for North Walsham town centre.”
2.
Background
2.1
The Council owns the site of the public conveniences at Church Walk, North
Walsham. This is known as the Butchery Toilet, which is unremarkable as a
building and has recently been replaced as a facility (for reasons described
below). Adjacent to the Council’s site are the former shops (with
accommodation above) at number 4 and 4a, Market Street. No 4/4a is a
Listed Building and occupies a very prominent site at the top end of Market
Street, within the commercial centre of the town and at the heart of the
Conservation Area. Both sites are within the setting of the Grade 1 Listed
Church of St Nicholas. The buildings at 4/4a have been vacant and
dilapidated for many years and there is a strongly held view that something
must be done to improve this site. There also seems to be a measure of
support within the town for demolishing these buildings.
2.2
A scheme for alterations and extension to provide six flats, three retail units
and replacement toilets was granted consent on 30 November 2009. If this
scheme were implemented, NNDC would have paid for the fitting out of the
new toilets that would have been provided as part of the development. This
proved to be a sub-optimal outcome for the developer, however, and
consequently the development stalled.
2.3
Following a lengthy period of inactivity on the site, during which time the
building became increasingly derelict, discussions were held with the owner
of 4/4a Market Street to urge progress with its improvement; as a result of
which it became apparent that the permitted scheme was not viable and
would therefore not be implemented. The site has thus remained an eyesore
and the investment in replacement toilets would not have been forthcoming.
2.4
Negotiations have since been held with the landowner to determine a way in
which his scheme could be made more viable, thus leading to the beneficial
development and improvement of the site. It was deemed that by removing
the requirement to replace the toilets, greater flexibility over the development
could be had, which would in theory give rise to higher resultant values.
Including the land occupied by the WCs in the scheme would enable a larger,
81
remodelled development; and potentially provide the Council with more
control over the timing of its implementation.
2.5
A scheme for the replacement of the toilets in another part of the town
(Vicarage Street car Park) was thus agreed and was implemented earlier this
year (at the Council’s own expense). This has ensured satisfactory WC
provision in the town (the existing toilets were desperately in need of
refurbishment) and has provided an opportunity to conduct meaningful
negotiations with the owner of the adjacent site (4/4a Market Street). Our
approach was twofold:
• investigating the opportunities around the disposal of the WC site – in
order to influence the timing of the redevelopment of 4/4a Market Street,
and;
• investigating the opportunity for NNDC to purchase 4/4a Market Street
from its owner - in order to implement a comprehensive scheme for the
improvement of the area.
The former was deemed to be the most appropriate course of action, as long
as it led to a satisfactory improvement scheme for the site, within a
reasonable period of time. Initial approaches relating to the latter resulted in a
vast difference between what the owner expected for the site and the sum
that NNDC was likely to be prepared to pay. The purchase of 4/4a Market
Street by NNDC was thus deemed most likely to be achieved only by use of
Compulsory Purchase powers (which may be protracted, and would depend
upon NNDC approving a comprehensive scheme for the whole site, which
was in the public interest).
2.6
The landowner thus undertook to prepare a revised scheme for the
redevelopment of the whole site and has produced a scheme that the
Council’s Conservation and Design officer deems to be acceptable in
principle. The Council consequently commissioned an independent valuation
of:
A) the Council’s land asset (the Butchery toilet site);
B) 4/4a Market Street as existing; and
C) Both sites in respect of the revised scheme.
2.7
The valuation report is included as Exempt Appendix 1. On the basis of this
information it was considered appropriate to negotiate for the disposal of the
WC site for a nominal sum, on the condition that control could be exerted over
the implementation of a scheme for the timely improvement of these sites in
combination. Discussions with the Council’s legal office were conducted with
advice being given that the most appropriate means of protecting the
Council’s position, upon transfer of the land with the PCs, was for an option
over the whole site to be secured. Thus in the event that the development did
not take place within the agreed timescale the Council would have the right to
exercise the option and then purchase the whole site at market value. It is
worth noting that at no time has the landowner provided the Council with any
feasibility assessment, business case, build programme or funding profile for
the development scheme of the whole site.
2.8
The Council has negotiated at length with the owner of the site and has
reached what is considered to be the closest we can come to an agreement.
The terms (without prejudice and subject to contract) of a potential agreement
are summarised below:
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1)
That contracts be exchanged for the transfer of NNDC’s land with the
public conveniences for a nominal sum, subject to securing an option
over the whole site in favour of NNDC. The option period would last
for two years, during which time the development would need to be
completed in order for NNDC not to exercise its option
2)
That before any transfer of NNDC’s land, with the public
conveniences, the owner of 4 Market Street would be required to
obtain within 6 months (subject to agreed extension, as appropriate)
from the date of the Contract (a) planning permission and, (b) all
relevant consents and a contract in an agreed format for the
demolition of the existing buildings.
3)
The Council would not seek to exercise the Option, on the basis that:
(a) ‘substantial completion’ was achieved (by which it is meant that
the building is up to the level of being made structurally sound and
weather-proof (i.e. roofs and windows in place)) within the first
fifteen months following the completion of the Transfer of NNDC’s
land, with the public conveniences
(b) The works were completed within two years of the transfer
2.9
The timescales set were therefore to be that:
A. Up to two months from the exchange of contracts: all applications for
the relevant consents, including planning permission, Listed Building
Consent, Conservation Area Consent and Consent to demolish were to
be submitted
B. Up to three months of the relevant consents being obtained: a
contract in an agreed format for the demolition, to the satisfaction of the
Council
C. Within 14 days of the relevant consents being obtained: the land will
be transferred (provided the conditions are satisfied).
D. within 15 months of the Transfer (of the site): the development will
have reached ‘substantial completion’ (defined above)
E. within two years from the transfer: the scheme is to be completed (with
a Building Regulations Completion Certificate)
2.10
In the event that the Council is in a position to exercise its option, the value at
which it would acquire the whole site would be at the market value of the site
(including any development on it) less the costs of any outstanding works
necessary for completion. The minimum price which the Council will be
expected to pay under the proposed option agreement) will be £35,000. The
Council will be expected to issue a ‘notice of service of the option’ twentyeight days in advance of the option being exercised.
3.
Commentary
3.1
This approach provides the Council with adequate ‘control’ to require the
developer to make sufficient progress in what are considered to be realistic
timescales. It also provides the developer with sufficient flexibility to be able to
implement the scheme which he believes to be viable and it contains
sufficient reassurances that the Council would not exercise its option unduly.
The minimum the Council would expend in exercising the option would be
83
£35,000; the maximum would be the market value of the site/ development
(minus any costs associated with completing the development on it). The
Council would of course have discretion as to whether to exercise this option
and therefore should it choose not to do so would not be financially exposed
to any of the consequences; although of course there would, in this event, be
some reputational risks should the development fail to take place or remain in
an uncompleted state.
3.2
The Council has no guarantees that the site will be developed under this
scenario but the option would serve as a threat, which in theory should
provide a sufficient incentive for the purchaser to satisfy the transfer
conditions (provided he has the means to do so).
4.
The alternative
4.1
The alternative to the disposal of the Council’s asset, as outlined above,
would be for the Council to acquire 4/4a Market Street from the current
owner. The difference between the Council’s valuation (Exempt Appendix 1)
and the landowner’s expected receipt is very substantial. It is not expected
therefore that in the foreseeable future a negotiated purchase could be
reached. Any purchase is therefore likely to be as a result of a Compulsory
Purchase Order; which given the difference in opinion over values is likely to
be challenged and therefore go to Public Inquiry. Whether indeed the site is
purchased by agreement or compulsorily, the Council would need to
determine what use it would put the site to (and if necessary obtain the
necessary consents for this). It would also need to be satisfied (and if
necessary satisfy an Inspector) that any substitute scheme is viable and able
to be implemented.
4.2
The financial exposure for the Council in this scenario, notwithstanding any
procedural costs relating to the acquisition process, would include: the costs
of preparing a comprehensive scheme for the site (and getting the necessary
consents) and the purchase cost of the site. Any subsequent costs would
depend upon the nature of the scheme that is intended to be implemented;
whether or not this had a positive commercial value; and whether or not the
Council passed the site to a third party. The costs of demolition, together with
any remediation costs if necessary (which could be substantial on this
constrained site) would need to be accounted for, together with a substantial
contingency in the event of unforeseen consequences.
4.3
There are thus substantial costs associated with purchasing the site, in any
event, which at this point in time have not been evaluated. There are of
course also substantial risks of the Council not ultimately acquiring the site;
either because NNDC is unable to reach a negotiated purchase or because
any challenged CPO proceedings do not go in the Council’s favour.
5.
Conclusion
There is no question that the site of 4 and 4a Market Place is having a
detrimental impact upon North Walsham town centre. NNDC has done
everything it can to-date to remove any obstacles and to encourage the
improvement or redevelopment of the site. This has not resulted in the
desired outcome on behalf of the landowner. The Council should therefore,
under the auspices of the ‘Infrastructure’ theme of the approved Leadership of
84
Place Action Plan (endorsed by Cabinet in March 2011) take the appropriate
steps to facilitate the improvement of the site within a reasonable timescale.
6.
Recommendation
It is recommended that:
a. authority be given to the Chief Executive, in consultation with the
Corporate Assets portfolio holder, to agree the transfer of the Council’s
asset (site and building) at the Butchery toilets, North Walsham in
accordance with the terms outlined in this report, to the owner of the
adjacent site (4/4a Market Street, North Walsham); and
b. authority be given to the Chief Executive, in consultation with the
Corporate Assets portfolio holder, to acquire the site comprising 4 and 4a
Market Street, North Walsham, by negotiation for a maximum sum of
£35,000, or by compulsory means for the sum determined by any
confirmed Compulsory Purchase Order (by reference to Cabinet if
necessary), should disposal under recommendation 1) not be
satisfactorily completed within a reasonable period of time.
7.
Implications and Risks
There are significant risks to the Council associated with whichever scenario
comes to pass. If the Council does not intervene with this site it could be
accused of neglecting a key issue which has a detrimental impact upon North
Walsham town centre and thus not fulfilling a commitment in its Annual Action
Plan. If the Council seeks to acquire the site it will be exposed to significant
financial implications and will be under pressure to achieve the objectives for
the town within a reasonable timescale. If it disposes of its asset (the
Butchery toilet site) to the owner of the adjacent land (4/4a Market Street) and
he fails to implement the scheme in the timescale set, the Council may then
be faced with the prospect of acquiring the site (through the exercise of its
option); thus also exposing the Council to significant financial implications and
pressure to improve the site, should the development fail to take place or
remain in an uncompleted state.
8.
Financial Implications and Risks
8.1
If the Council transfers its site to the owner of 4/4a Market Street (as
proposed) it would have no (or nominal) financial return. The current market
value of the site (not taking into consideration the existence of the asbestos
contaminated WC block) is given in Exempt Appendix 1. Under this scenario
it would, however acquire an option over the adjacent site, and in the event
that option is exercised, the minimum financial sum it would expend would be
£35,000; the maximum would be the market value of the site/ development
(minus any costs associated with completing the development on it). The
Council would of course have discretion as to whether to exercise this option
and therefore should it choose not to do so would not be financially exposed
to any of the consequences; although of course there would, in this event, be
other (reputational) risks.
8.2
If the Council seeks to acquire the adjacent site from the landowner, the
financial exposure of the Council, notwithstanding any procedural costs
relating to the acquisition process, would include: the costs of preparing a
comprehensive scheme for the site (and getting the necessary consents) and
85
the purchase cost of the site. Any subsequent costs would depend upon the
nature of the scheme that is intended to be implemented; whether or not this
had a positive commercial value; and whether or not the Council passed the
site to a third party. The costs of demolition, together with any remediation
costs if necessary (which could be substantial on this constrained and
contaminated site) would need to be accounted for, together with a
substantial contingency in the event of unforeseen consequences.
8.3
There are thus substantial costs associated with purchasing the site, by
whatever means, which at this point in time have not been evaluated. There
are of course also considerable risks that the Council might not ultimately
acquire the site; either because NNDC is unable to reach a negotiated
purchase or because any challenged CPO proceedings do not go in the
Council’s favour.
9.
Sustainability
This report seeks the necessary authority to ensure that a vacant and derelict
site in North Walsham town centre is put to beneficial use. At present the site
is detrimental to the vitality and viability of the town centre and is a wasted
asset. Taking the necessary action will bring about clear sustainability
benefits.
10.
Equality and Diversity
There are no equality and diversity issues resulting from this report.
11.
Section 17 Crime and Disorder considerations
This report seeks the necessary authority to ensure that a vacant and derelict
site in North Walsham town centre is put to beneficial use. At present the site
is a potential ‘honey pot’ for crime and antisocial behavior. Taking the
necessary action will remove this allurement and create an improved
environment which will be less susceptible to such problems.
86