Agenda, decisions and minutes

Venue: Meeting Room 1-3 - First Floor, King's Court, Chapel Street, King's Lynn PE30 1EX. View directions

Contact: Sam Winter, Democratic Services Manager 01553 616327 

Items
No. Item

CAB1

MINUTES

To approve the Minutes of the Meetings held on 11 April and 2 May   2017 (previously circulated).

 

Decision:

RESOLVED:The Minutes of the Meetings held on 11 April and 2 May 2017 were approved as a correct record and signed by the Chairman.

Minutes:

RESOLVED:The Minutes of the Meetings held on 11 April and 2 May 2017 were approved as a correct record and signed by the Chairman.

CAB2

URGENT BUSINESS - LATE ITEM - APPOINTMENT OF TASK GROUPS, JOINT EMPLOYEE COMMITTEE AND JOINT SAFETY AND WELFARE COMMITTEE pdf icon PDF 61 KB

To consider any business, which by reason of special circumstances, the Chairman proposes to accept, under Section 100(b)(4)(b) of the Local Government Act 1972.

 

Decision:

The Chairman had agreed to take as a late item the Appointment of Task Groups and the Joint Employee Committee and Joint Safety and Welfare Committee.

 

RESOLVED:   1)         That officers be instructed to seek the Membership from Group Leaders for the Local Plan, Scrutiny Structures and  Boundary Review Task Groups for the new Municipal Year:

 

2)         That the Membership of the Joint Safety and Welfare Committee and Joint Employee Committee for 2017/18 be made as follows:

 

Joint Safety and Welfare Committee – Councillors B Long, K Mellish and J Westrop.

 

Joint Employee Committee – Councillors I Devereux, M Chenery of Horsbrugh, B Long, K Mellish and J Westrop.

 

Reason for Decision

To allow the business of the Council to continue into 2017/18 and to begin the work of the newly formed Task Group.

Minutes:

The Chairman had agreed to take as a late item the Appointment of Task Groups and the Joint Employee Committee and Joint Safety and Welfare Committee.

 

RESOLVED:   1)         That officers be instructed to seek the Membership from Group Leaders for the Local Plan, Scrutiny Structures and  Boundary Review Task Groups for the new Municipal Year:

 

2)         That the Membership of the Joint Safety and Welfare Committee and Joint Employee Committee for 2017/18 be made as follows:

 

Joint Safety and Welfare Committee – Councillors B Long, K Mellish and J Westrop.

 

Joint Employee Committee – Councillors I Devereux, M Chenery of Horsbrugh, B Long, K Mellish and J Westrop.

 

Reason for Decision

To allow the business of the Council to continue into 2017/18 and to begin the work of the newly formed Task Group.

CAB3

DECLARATIONS OF INTEREST

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

 

These declarations apply to all Members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

Minutes:

None.

CAB4

CHAIRMAN'S CORRESPONDENCE

To receive any Chairman’s correspondence.

Decision:

None

Minutes:

None

CAB5

MEMBERS PRESENT UNDER STANDING ORDER 34

To note the names of any Councillors who wish to address the meeting under Standing Order 34.

Decision:

Under Standing Order 34 Councillor D Pope attended the meeting for items …

Minutes:

Councillor Mrs S Fraser – Item 10.

CAB6

CALLED IN MATTERS

To report on any Cabinet Decisions called in.

Decision:

None

Minutes:

None

CAB7

FORWARD DECISIONS pdf icon PDF 54 KB

A copy of the Forward Decisions List is attached

 

Decision:

The Forward Decision list was noted.

Minutes:

The Forward Decision list was noted.

CAB8

MATTERS REFERRED TO CABINET FROM OTHER BODIES

To receive any comments and recommendations from other Council bodies which meet after the dispatch of this agenda. 

 

Decision:

None

Minutes:

None

CAB9

KING'S LYNN AND WEST NORFOLK STATEMENT OF COMMUNITY INVOLVEMENT pdf icon PDF 150 KB

Additional documents:

Decision:

RECOMMENDED:   1)       That the final version of the document is endorsed, and;

2)       That the document is published via the Council’s website.

 

Reason for Decision

 

To ensure that the Borough Council has an up-to-date Statement of

Community Involvement adopted, to inform the next stages of the Local Plan Review and planning application process.

Minutes:

Councillor Blunt presented the report which explained that the Statement of Community Involvement (SCI) was a document which outlined how the Council would consult with the public as part of the Local Plan process, on Planning Applications, and also on Neighbourhood Plans. At the May 2016 Cabinet it was agreed that the SCI be made available for public consultation for a period of 6 weeks and that the final version of the document prepared after the consultation period be reported back through to Council for final approval.

 

Councillor Blunt encouraged all Councillors to read the document which outlined how both the planning and Local Plan process worked.

 

Councillor Mrs Fraser addressed the Cabinet under Standing Order 34 and provided an example of a fellow Councillor approaching local businesses and residents regarding planning applications.  In response, Councillor Long explained that the Members Code of Good Practice for Planning would be considered at the next Cabinet meeting on 27 June and included how Councillors should consult during the planning process.  Councillor Long commented that it was important for a Borough Councillor to have the ability to have their say as a local person.

 

Councillor Blunt advised that the following reports would be presented to Cabinet on 27 June:

 

·        Members Code of Good Practice for Planning which set out guidance on how Councillors should conduct themselves.

·        Planning Scheme of Delegation.

 

Councillor Blunt invited Councillor Mrs Fraser to discuss her points raised outside of the Cabinet meeting.

 

Councillor Lawrence commented that it was an excellent report which set out clear guidance on how consultation on planning applications would be undertaken.

 

In response to comments from Councillor Mrs Mellish, Councillor Blunt advised that the Local Plan was a single document with a suite of supporting documents which provided an understanding of the process.

 

The Planning Policy Manager added that the document provided a simplified process together with diagrams outlining how the Council would consult with the public as part of the Local Plan process.

 

Councillor Long referred to page 15 – The Role of Councillors and suggested that an additional bullet point be added as follows:

 

·        A separate Members Code of Good Practice for Planning is adopted by the Council which sets out criteria which Members work to.

 

The above amendment would allow the public to gain an understanding of what to expect from Local Councillors.

 

The above amended was agreed by Cabinet and the Planning Policy Manager undertook to amend the document accordingly.

 

RECOMMENDED:  1)         That the final version of the document is endorsed, and;

2)         That the document is published via the Council’s website.

 

Reason for Decision

 

To ensure that the Borough Council has an up-to-date Statement of

Community Involvement adopted, to inform the next stages of the Local Plan Review and planning application process.

CAB10

CABINET APPOINTMENTS TO OUTSIDE BODIES pdf icon PDF 95 KB

Additional documents:

Decision:

RESOLVED:               1)         That representatives be appointed to serve in an Executive capacity on the outside bodies and partnerships requiring appointment as attached to these minutes.

 

2)         That the reporting arrangements be noted, as shown in section 3 of the report.

 

3)         To note that all other appointments to Outside Bodies will be made at the Council meeting on 15th June 2017.

 

Reason for decision

 

To ensure continued involvement in the community by the Council.

Minutes:

Cabinet considered a report which sought nominations for Executive appointments to serve on outside bodies and partnerships for 2017/2018.

 

A sheet with the proposed nominations for the year was distributed at the meeting.

 

Councillor Long proposed that the proposed nominations be agreed on block to which Cabinet agreed subject to the following amendments:

 

·         King’s Lynn Football Club – Mr P Bland was the current representative.  The nomination be delegated to the Environment and Community Panel.

·         The Wash and North Norfolk Coast European Marine Site Management Scheme – Councillor Ian Devereux, Councillor S Squire (substitute).

 

RESOLVED:               1)         That representatives be appointed to serve in an Executive capacity on the outside bodies and partnerships requiring appointment as attached to these minutes.

 

2)         That the reporting arrangements be noted, as shown in section 3 of the report.

 

3)         To note that all other appointments to Outside Bodies will be made at the Council meeting on 15th June 2017.

 

Reason for decision

 

To ensure continued involvement in the community by the Council.

CAB11

ENVIRONMENTAL PROTECTION ACT 1990 S33ZA - FIXED PENALTY NOTICES pdf icon PDF 79 KB

Decision:

RESOLVED:   That the level of fine at £200 reduced to £150 if paid within 10 days be approved.

 

Reason for Decision

To allow the Council to deal with minor incidents of fly tipping where there is no or low culpability and low level of harm to the environment or human health.

Minutes:

Councillor Devereux and the Environmental Health Officer presented the report which explained that in 2016 the Government introduced new powers under The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 to allow local authorities to offer fixed penalty notices for offences under section 33(1)(a) of the Environmental Protection 1990, which related to the unauthorised deposit of waste (fly tipping).  The purpose of the amendment was to provide local authorities with a more efficient and proportionate response to small-scale fly-tipping of waste.

 

The power to issue fixed penalty notices did not need to be adopted, however there was leeway to set fine levels locally within a range of not less than £150 and not more than £400 and it is this which Cabinet was asked to decide.

 

To ensure consistency across Norfolk an appropriate level of fine was discussed by officers at the Norfolk Waste Enforcement Group. The following options were considered:

 

a)    Not using the powers.

b)    Using the default levels of fine set at £200.

c)    Setting the fine at £250 reduced to £150 if paid within 10 days.

d)    Setting the fine at £200 reduced to £150 if paid within 10 days.

 

The use of the fixed penalty notices provided a useful tool for allowing the Council to deal with small-scale and cases, where there was a low level of capability and the harm to environment is minimal. Given this it was considered that the option D provided the most appropriate level of fine for the scale of offence likely to be dealt with by means of a fixed penalty notice.

 

Councillor Devereux and the Environmental Health Officer responded to questions regarding the level and types of fly tipping and how a case file was build should it be necessary to proceed to prosecution if the fixed penalty notice was declined.

 

RESOLVED:   That the level of fine at £200 reduced to £150 if paid within 10 days be approved.

 

Reason for Decision

To allow the Council to deal with minor incidents of fly tipping where there is no or low culpability and low level of harm to the environment or human health.