Please Contact: Alison Argent Please email: alison.argent@north-norfolk.gov.uk Please Direct Dial on: 01263 516058 10 March 2011 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, 21 March 2011 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 Tony Ing Strategic Director - Information To: Mrs P Bevan Jones, Ms V R Gay, Mr G R Jones, Mr P W Moore, Mrs H T Nelson, Mr E Seward and Mr C Stockton 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: Philip Burton Deputy Chief Executive: Sheila Oxtoby Strategic Directors: Nick Baker, Steve Blatch & Tony Ing 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 (attached – page 1) To approve, as a correct record, the minutes of the meeting of the Cabinet held on 14 February 2011. 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 personal or prejudicial interest. 6. MEMBERS TRAINING, DEVELOPMENT AND SUPPORT GROUP (attached – page 12) To receive the minutes of the meeting of the Members’ Training, Development and Support Group held on 18 January 2011. 7. BUDGET MONITORING 2010/11 – PERIOD 10 (attached – page 14) (appendix A – page 25; appendix B – page 26; appendix C – page 28) Summary: This report presents the budget monitoring position for the revenue account and capital programme to the end of January 2011. Conclusions: The overall position at the end of January 2011 is showing an underspend for the current financial year of £118,855. Recommendations: It is recommended that: 1) Cabinet note the contents of the report and the revenue account forecast for the current financial year; 2) That Cabinet note the current position on the 2010/11 capital programme; 3) Delegated authority is given to the Deputy Chief Executive and Strategic Director Community in consultation with the relevant Cabinet Portfolio members for setting the land charges fees for 2011/12. Cabinet member(s): All Contact Officer, telephone number, and e-mail: Ward(s) affected: All Karen Sly, Financial Services Manager, 01263 516243, Karen.sly@north-norfolk.gov.uk 8. RENAMING OF DEVELOPMENT CONTROL COMMITTEE AND REVISED ROLE, TITLE AND TERMS OF REFERENCE OF LOCAL DEVELOPMENT FRAMEWORK WORKING PARTY (attached – page 40) Summary: Conclusions: Recommendations: That Cabinet recommends to full Council that with effect from May 2011 the Development Control Committee be renamed the Development Management Committee and that the former Local Development Framework Working Party be renamed the Planning Policy and Built Heritage Working Party, that it should be politically balanced but should include the Chair of the Development Management Committee and the appropriate Planning and/or Planning Policy Portfolio Holder(s), with terms of reference as set out in the report. Cabinet member(s): Cllrs Gay, Stockton and Nelson Contact Officer, telephone number, and e-mail: 9. Ward(s) affected: All Steve Oxenham, 01263 516135, steve.oxenham@northnorfolk.gov.uk WELLS MALTINGS AND SACKHOUSE – NEW LEASE TO THE WELLS MALTINGS TRUST – OPTION FOR ADDITIONAL LAND (attached – page 43) (appendix D – page 46; appendix E – page 47) Summary: Cabinet authority has already been granted in respect of a lease of the Maltings and Sackhouse complex; however this report seeks permission to allow the Maltings Trust to take an option on a further piece of land adjacent to the main Maltings building. This will enable the Trust to attract funding for the overall project purpose including the new build element. Conclusions: The principle of leasing the Maltings complex to the Maltings Trust has already been agreed. Allowing the Trust to exercise a right to take a slightly larger area, and thereby offer a wider range of leisure facilities, will go further towards achieving the community aims and objectives which were originally at the heart of this project. Recommendations: Cabinet is asked to approve the proposal to grant the Maltings Trust an “Option” over the additional land (shown as the red/smaller outlined edged area on the “Option Plan” at Appendix D) to allow them to provide a wider range of facilities at the re-developed Maltings Complex, which will benefit Wells and the wider community. Cabinet member(s): All Contact Officer, telephone number, and e-mail: Ward(s) affected: Wells next the Sea Jill Fisher, Corporate Asset Manager, 01263 516037, jill.fisher@north-norfolk.gov.uk 10. THE NORTH NORFOLK COASTAL PATHFINDER REVOLVING LOAN FUND AND SMALL BUSINESS GRANT FUND (attached – page 48) (appendix F – page 54; appendix G – page 56; appendix H – page 67) Summary: Conclusion: Recommendation: This report sets out the background for the proposal of a revolving loan fund and business grants scheme across the North Norfolk Pathfinder area and seeks Cabinet approval to begin the tendering process to engage an appropriately qualified organisation for the administration of the scheme. The Cabinet is also asked to approve the Small business grant proposal. The North Norfolk Coastal Pathfinder Programme recognises the problems faced by coastal communities threatened by coastal erosion and this programme seeks to build on the successful business advice project through establishing a loans and grant fund to support business development in the Pathfinder area. Cabinet is requested to approve the establishment of the Revolving Loan Fund and subject to further legal advice on the mechanics of the scheme, agree that the Council procure a Loan Fund Manager to administer a fund in the manner outlined within the report. Cabinet is requested to approve the creation of the Pathfinder Business Grant fund which will be co-ordinated by the North Norfolk Business Forum with ultimate responsibility for the approval of grant applications resting with a grant panel as detailed in the report. Cabinet member(s): All Contact Officer, telephone number, and e-mail: 11. Ward(s) affected: All Jose Socao, Economic and Tourism Development Officer, 01263 516303, jose.socao@north-norfolk.gov.uk NORTH NORFOLK COASTAL CHANGE PATHFINDER; REPLACEMENT CAR PARK, HAPPISBURGH (attached – page 69) (appendix I – page 74) Summary: Conclusions: A key Pathfinder project is the reinstatement of lost and threatened infrastructure at Happisburgh. A planning application has been submitted for a new beach access ramp, public open space and car park with public conveniences and a sales kiosk. Agreement has been reached, following a previous Cabinet approval, to purchase the land subject to planning permission being granted. This report seeks authority to proceed with negotiations to transfer the ownership and responsibility for the management of the car park, WCs and open space to Happisburgh Parish Council. Happisburgh Parish Council has given careful consideration to the issues involved in owning and running the car park and other facilities and has expressed a strong wish to take on this responsibility in preference to them being owned and/or managed by NNDC. There are considered to be obvious merits with this approach e.g. local management / ownership, however, certain detailed matters need further discussion/negotiation before the final terms of any transfer Recommendations: can be agreed. If the principle is accepted then the transfer can be expedited without further recourse to Cabinet. If an alternative approach materialises as a result of these discussions then Cabinet will of course be informed. a) That Cabinet supports the principle of transferring the ownership and management responsibility of the planned Happisburgh car park, public conveniences and public open space to Happisburgh Parish Council. b) That authority to agree the terms of the transfer of the planned facilities be delegated to the Deputy Chief Executive. c) That a contingency be established from the Pathfinder budget for the possible financial support to cover cleaning, maintenance and other ancillary costs in the first two years of the facilities’ operation. Cabinet member(s): All Contact Officer, telephone number, and e-mail: 12. Ward(s) affected: Happisburgh Rob Young, 01263 516162, robert.young@northnorfolk.gov.uk NORTH NORFOLK COASTAL CHANGE PATHFINDER; REPLACEMENT HOUSING DEVELOPMENT (attached – page 75) (exempt appendix* 1 – page 83) *The exempt appendix is not for publication by virtue of paragraph 3 of Part I of Schedule 12A (as amended) of the Local Government Act 1972. Definition of paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information). Summary: North Norfolk’s approach to managing coastal change includes ‘rollback’ or replacement of properties that are most imminently at risk. One element of the Pathfinder project for Happisburgh attempts to demonstrate how this can be successfully achieved by purchasing cliff top dwellings, demolishing them and facilitating a replacement development on a suitable site (or sites) further inland. This report seeks authority to proceed with the necessary steps towards securing a scheme for the replacement of nine dwellings purchased at Beach Road, Happisburgh, utilising Pathfinder funding. Conclusions: Recommendations: d) That Cabinet supports the principle of proceeding with a development to replace the Happisburgh cliff top properties that NNDC is acquiring under the Coastal Change Pathfinder programme, in accordance with the procedure set out in paragraph 3.1 of this report. e) That delegated authority be given to the Deputy Chief Executive, in conjunction with the Cabinet Member with the Coastal Strategy portfolio and the Cabinet Member with the Corporate Assets portfolio, acting on the advice of an independent valuer, to agree the terms of any agreement to acquire an appropriate interest in a suitable site necessary for the implementation of the project outlined in this report. f) That authority be given for the Coastal Management Team to proceed with a pre-application consultation with relevant interested parties on an appropriate site in Happisburgh for the development of replacement dwellings. Cabinet member(s): All Contact Officer, telephone number, and e-mail: 13. Ward(s) affected: Happisburgh Rob Young, 01263 516162, robert.young@northnorfolk.gov.uk FORMER AMUSEMENT ARCADE ON THE QUAY WELLS-NEXT-THE-SEA (attached – page 81) Summary: This report updates Members on the current situation regarding the fire-damaged former amusement arcade on The Quay Wells-next-theSea, and seeks approval to further defer the making of a Compulsory Purchase Order. Conclusions: The site is currently in two separate ownerships. There is clear evidence that both parties are actively making changes that will allow for the re-development of the site. One site owner is currently negotiating a freehold disposal of their land holding. This is being managed through Savills. The other site owner has recently submitted a planning application for the development of their interest in the site although this was withdrawn before formal consideration by the Development Control Committee. Recommendations: That the decision to make a compulsory purchase order (CPO) be deferred to allow for the ongoing negotiations regarding the disposal of the site to be finalised and for the submission of a planning application on the adjacent site. That the situation be reviewed again at the end of June 2011 if no sale has been completed by that time. Cabinet member(s): All Contact Officer, telephone number, and e-mail: 14. Ward(s) affected: All Sheila Oxtoby, 01263 516077 sheila.oxtoby@north-norfolk.gov.uk EXCLUSION OF PRESS AND PUBLIC To pass the following resolution: “That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs _ of Part I of Schedule 12A (as amended) to the Act.” 15. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA