Please Contact: Alison Argent Please email: alison.argent@north-norfolk.gov.uk Please Direct Dial on: 01263 516058 20 October 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, 31 October 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 Philip Burton Chief Executive To: Mrs H Eales, Mr T FitzPatrick, Mrs A Fitch-Tillett, Mr T Ivory, Mr K Johnson, Mr J Lee, Mr W Northam. 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 3 October 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. PLANNING POLICY AND BUILT HERITAGE WORKING PARTY (attached – page 5) To receive and consider the minutes of the meeting of the Planning Policy and Built Heritage Working Party held on 12 September 2011. The following recommendations have been made to Cabinet: MINUTE 16: CROMER CONSERVATION AREA MANAGEMENT PLAN That Cabinet be recommended to consider this report and resolve as follows: 1. That the Draft Cromer Conservation Area Management Plan, incorporating proposed boundary changes be approved for public consultation purposes. 2. That following consultation, the final version of the Cromer Conservation Area Management Plan, incorporating a Character Appraisal, is brought back to the Working Party and Cabinet for adoption by June 2012. MINUTE 17: CRITERIA FOR LOCAL LISTING OF BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST That Cabinet be recommended to: 1. 2. Approve the criteria for the local listing of buildings and structures of special architectural or historic interest as contained in Appendix 1 to this report and that the criteria be accordingly adopted. Ratify the local listing status of all those buildings or structures already considered eligible for local listing and included within adopted Conservation Area Appraisals. 3. Confirm the process by which buildings will be identified for local listing or assessment in cases where Policy HO9 applies (As contained in Section 4 of this report). 7. HALF YEARLY TREASURY MANAGEMENT REPORT FOR 2011/12(attached – page 11) (appendix A – page 16; appendix B – page 20) Summary: This report sets out the Treasury Management activities undertaken in the first six months of 2011/12. Conclusions: Treasury activities for the year have been carried out in accordance with the CIPFA Code and the Council’s Treasury Strategy. Recommendations: That the Council be asked to RESOLVE that the Half Yearly Treasury Management Report for 2011/12 be approved. Cabinet member(s): All Contact Officer, telephone number, and e-mail: 8. Ward(s) affected: All Tony Brown 01263 516126 tony.brown@north-norfolk.gov.uk BUDGET MONITORING 2011/12 – PERIOD 6 (attached – page 24) (appendix C – page 36; appendix D – page 37; appendix E – page 39) Summary: Conclusions: Recommendations: This report presents the budget monitoring position for the revenue account and capital programme to the end of period 6 (30 September 2011) and also includes a review of the current capital programme. The position at the end of September 2011 is showing a small overspend for the current financial year of £13,645. The overall financial position will be considered in further detail over the coming months as work on the future budgets and funding the grant cuts is undertaken. 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 2011/12 capital programme and approve the amendments in relation to the revenue contributions to capital for the additional costs in relation to the provision of electricity at Holt country park and the capitalisation of the new evaporative cooling system for the ICT server room. Cabinet member(s): All Contact Officer, telephone number, and e-mail: Ward(s) affected: All Duncan Ellis, Acting Financial Services Manager, 01263 516330, Duncan.Ellis@north-norfolk.gov.uk 9. ACTION ON EMPTY HOMES (attached – page 49) (*exempt appendix 1 – page 54) *The exempt appendix is not for publication by virtue of paragraph 2 of Part I of Schedule 12A (as amended) of the Local Government Act 1972. Definition of paragraph 2: Information which is likely to reveal the identity of an individual. Summary: At the present time there are over 1400 empty homes in North Norfolk as classified on the Council Tax Register. A number of these homes have been empty for many years and despite contact being made with owners no action has been taken to either bring the properties back into occupation or sell them. This report therefore seeks authority from the Cabinet to pilot an approach whereby the Council seeks to take direct action to bring long-term empty properties back into use through exploring the use of Compulsory Purchase powers. Conclusions: Long-term empty properties cause blight on a local area through their neglect, often resulting in complaints from neighbours and parish councils. Such properties also represent a loss to local communities, often where there are high levels of demand for housing – either from local residents or second / holiday home owners. Over a number of years the Council has sought to bring pressure to bear on the owners of such properties either through incentives such as an Empty Homes grant or the use of enforcement powers. However, despite such interventions by the Council there are a number of longterm empty properties where the authority might have to be prepared to take more direct action, eg forcing a sale or through the use of Compulsory Purchase powers, if any real progress is to be made in securing the future occupation of such properties. Recommendation: a) That Cabinet agrees to the use of the Housing Renewal Grant budget for 2011/12 to pilot an approach / develop the Council’s understanding of exercising Compulsory Purchase powers to acquire and sell on a long-term empty property(ies) in the district so as to inform future policy development and interventions to address an issue which generates concern in local communities. b) Cabinet approves the making of compulsory purchase orders (“CPOs”) under Section 17 of the Housing Act 1985 (as amended) on the land and buildings described in the exempt appendix to this report and their submission to the Government Office for confirmation. Cabinet Member(s) Ward(s) affected Cllr K Johnson All Contact Officer, telephone number and email: Steve Blatch, Strategic Director Tel:-01263 516232 Email:- steve.blatch@north-norfolk.gov.uk 10. 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 paragraph 3 of Part I of Schedule 12A (as amended) to the Act.” Definition of paragraph 3: Information relating to the financial or business affairs of any particular person (including the authority holding that information). 11. COASTAL CHANGE PATHFINDER: PROJECT TO DEMOLISH DWELLINGS AT BEACH ROAD, HAPPISBURGH AND REPLACE THEM WITH A DEVELOPMENT ELSEWHERE IN THE VILLAGE (attached – page 57) (appendix 2 – page 65; appendix 3 – page 83; appendix 4 – page 85; appendix 5 –page 86) Summary: Conclusions: Recommendations: North Norfolk’s approach to managing coastal change includes ‘roll-back’ 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 explores the issues and options associated with implementing this project. a) The arguments in favour of this roll-back project are irrefutable and both the Council and the local community are behind it; however, the practicalities involved in implementing this approach are complex and expose the Council to a certain amount of risk, whichever course is taken. b) There are inevitable delays in reaching a suitable consortium agreement. These are likely to be protracted if more than one landowner is involved. Securing planning permission is also likely to lead to considerable delays. The site considered preferable by the Head of Planning is the one which may involve the biggest delay in securing an agreement. c) The Council and the local community wish the Beach Road properties to be demolished soon in order to remove the blight, dereliction and environmental threat which these pose. Expert advice suggests that demolition of the Beach Road dwellings prior to securing planning consent for their replacement potentially jeopardises the successful implementation of the project, principally due to the chance of a successful legal challenge. d) It is therefore suggested that planning permission should be sought on the most expeditious site and that the demolition only take place prior to the grant of planning permission if deemed absolutely necessary. a) Planning consent be sought as soon as possible for the replacement development of the nine dwellings on the site identified in the exempt Appendix 4 of this report. b) Negotiations for a suitable consortium agreement take place in parallel with the planning application. c) Delegated authority be given to the Deputy Chief Executive, in conjunction with the Cabinet Members with the Coastal portfolio and the Corporate Assets portfolio (following discussion with the local Member), to approve the demolition of the Beach Road Dwellings, should it be necessary by virtue of their imminent risk of loss due to coastal erosion, their dilapidation or other substantial risk to the properties or unacceptable impact upon the local environment or nearby residents, regardless of the status of the planning application or consortium agreement. 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 TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA