Agenda, decisions and minutes

Venue: Council Chamber, Town Hall, Saturday Market Place, King's Lynn PE30 5DQ. View directions

Contact: Sam Winter, Democratic Services Manager 01553 616327 

Items
No. Item

CAB109

MINUTES

To approve the Minutes of the Meeting held on  9 January 2018 (previously circulated).

 

Decision:

RESOLVED:           The Minutes of the Meeting held on 9 January 2018 were approved as a correct record and signed by the Chairman.

Minutes:

RESOLVED:           The Minutes of the Meeting held on 9 January 2018 were approved as a correct record and signed by the Chairman.

CAB110

URGENT BUSINESS

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:

None

Minutes:

None

CAB111

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.

Decision:

Civil Penalties and Rent Re-payment Orders Housing and Planning Act 2016, Housing Act 2004

 

Councillors J Collop, I Devereux and K Mellish declared disclosable pecuniary interests as landlords, Councillors Devereux and Mellish did not vote thereon.

 

Councillor Lawrence declared a non pecuniary interest in the item as his father was a landlord.

Minutes:

Civil Penalties and Rent Re-payment Orders Housing and Planning Act 2016, Housing Act 2004

 

Councillors J Collop, I Devereux and K Mellish declared disclosable pecuniary interests as landlords, Councillors Devereux and Mellish did not vote thereon.

 

Councillor Lawrence declared a non pecuniary interest in the item as his father was a landlord.

CAB112

CHAIRMAN'S CORRESPONDENCE

To receive any Chairman’s correspondence.

Decision:

None

Minutes:

None

CAB113

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 the following Councillors attended for items shown:

 

Budget and Financial Plan 2017/2022 – Councillor C Joyce and D Pope

Capital Programme 2017-2022 – Councillor D Pope

Civil Penalties and Rent Repayment Orders – Councillor J Collop

 

Minutes:

Under Standing Order 34 the following Councillors attended for items shown:

 

Budget and Financial Plan 2017/2022 – Councillor C Joyce and D Pope

Capital Programme 2017-2022 – Councillor D Pope

Civil Penalties and Rent Repayment Orders – Councillor J Collop

 

CAB114

CALLED IN MATTERS

To report on any Cabinet Decisions called in.

Decision:

None

Minutes:

None

CAB115

FORWARD DECISIONS

A copy of the Forward Decisions List is attached

 

Decision:

The Forward Decision List was noted.

Minutes:

The Forward Decision List was noted.

CAB116

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

CAB117

FINANCIAL PLAN 2017/2022 pdf icon PDF 829 KB

Additional documents:

Decision:

RECOMMENDED:

1)         That the revision to the budget for 2017/2018 as set out in the report be approved.

2)         That the Policy on Earmarked Reserves and General Fund Working Balance be reaffirmed and the maximum balances set for the reserves as noted in the report.  

 

3)         That the budget of £18,256,150 for 2018/2019 be approved and the projections for 2019/2020, 2020/2021 and 2021/2022 be noted.

4)         That the level of Special Expenses for the Town/Parish Councils be approved as detailed in the report.

 

5)         That the Fees and Charges 2018/2019 detailed in Appendix 5 in the report be approvedsubject to the following amendments:

  • Hunstanton Coach park – All Day to be replaced with Over 2 Hours until 18:00

                    

  • Hunstanton Season Ticket – 12 months to increase from £200 to £220.

 

.

 

6)         That a Band D council tax of £121.37 for 2018/2019 be approved.

 

7)         That a minimum requirement of the General Fund balance for 2018/2019 of £912,808 be approved.

 

8)         That the revision to the Budget for 2017/2018 as set out in the report be approved.

 

Reason for Decision

 

The Council is obliged to set a Budget Requirement and level of council tax before the beginning of a financial year commencing on 1 April.

 

Minutes:

The Director – Finance Services presented the report to Cabinet which set out that as part of the council tax setting process the Council updated its longer term Financial Plan to take account of any changes in financial settlements, inflation on service costs and revised priorities of the administration.

 

The report reminded Members that in February 2017 the Council set out a Financial Plan for 2016/2021.  The Plan reflected the continued significant financial challenges faced by the Council including the phasing out of Revenue Support Grant (RSG), changes to the distribution of New Homes Bonus, the impact of the Business Rates revaluation from 2017, a 100% Business Rates Retention Scheme from 2020 and a fair funding review.

 

The general election in May 2017 had added to the uncertainty for local government with no date set for the legislative changes required for the implementation of the 100% Business Rates Retention Scheme and the consultation process on the fair funding review only just underway.

 

The Council could present a balanced budget for 2018/2019 and a funded budget for the remaining years of the medium term financial plan to 2022.   There was significant uncertainty from 2020/2021.  The impact of the implementation of a new Business Rates Retention scheme and the Fair Funding Review from 2020/2021 were still unknown, but there was considerable downside risk.

 

The provisional local government finance settlement announced by Government on 19 December 2017 confirmed the third year of the 4 year offer.  It should be noted that the 4 year offer only included RSG and Rural Services Delivery Grant (RSDG). The ending of RSG has been clearly signaled and it was assumed that the Council would receive no RSG from 2020/2021. As with RSG it had also been assumed that the Council would receive no RSDG from 2020/2021.  As part of the recent settlement announcement additional RSDG has been provided in 2018/2019.

 

The Government focus is on Councils’ ‘core spending power’ inclusive of locally generated resources.  The core spending power analysis tables published by the Government for each Council assumed that Councils in the lowest quartile of Council Tax levels (which included the Borough Council) would introduce the full £5 per annum per Band D dwelling Council Tax increase now permitted under the Council Tax Referendum Principles. 

 

In the provisional local government finance settlement announced on 19 December 2017 the Government approved 10 additional Business Rates Pilots for 2018/2019 unfortunately the pilot bid from Norfolk was unsuccessful.  There would be a further opportunity to apply to pilot the business rates retention scheme as the Government has confirmed that it would continue to pilot the scheme in 2019/2020.  The Norfolk pooling arrangements which included all Norfolk districts and the county council will however continue in 2018/2019.

 

The Government also announced that the aim was for local authorities to retain 75% of business rates from 2020/2021.  This would be through incorporating existing grants into business rate retention including the Revenue Support Grant and local authorities would be able to keep that  ...  view the full minutes text for item CAB117

CAB118

CAPITAL PROGRAMME 2018/23 pdf icon PDF 197 KB

Additional documents:

Decision:

RECOMMENDED:  1)       That the amendments to capital schemes and resources for the 2017-2022 capital programme as detailed in the report be approved.

2)             That that new capital bids to be funded from available capital resources be approved and included in the capital programme 2018-2022 as detailed in the report.

 

3)             That delegated authority be given to the Property Services Manager in consultation with the Leader, relevant Portfolio Holder and the Executive Director – Finance Services in respect of the disposal of surplus land as detailed in section 7 of the report.

 

Reason for Decision

To report amendments, rephasing and resources to the 2017-2022 Capital Programme

Minutes:

The Director Finance Services presented a report which set out the following:

 

·          revised the 2017/2018 projections for spending on the capital programme

·          set out an estimate of capital resources that would be available for 2017-2022

·          detailed new capital bids that were recommended to be included in the capital programme for the period 2018-2022

·          outlined provisional figures for capital expenditure for the period 2017-2022

·          detailed recommendations in respect of land disposals.

 

Under Standing Order 34, Councillor D Pope addressed the Cabinet with a number of questions which were responded to as follows:

·        Was there reassurance that the properties in the NORA phases would not be handed over to a housing association, to which Councillor Long confirmed that was not the intention, and the new housing company was being set up in order to hold those properties for rent should they not be sold.

·        It was confirmed that when projects from the capital programme slipped the funding allocated moved with them to the next year.

·        Infrastructure being funded by Business Rates which may not be in existence in 25 years – the risks associated with the Business Rates system were set out in the report but it was an informed projection.

·        Officers undertook to check on whether a decision had been releases on the Growth Deal from the LEP.

·        Was the projected income from the Major Housing scheme achievable, to which it was confirmed that the Corporate Project officer had a comprehensive list of properties and prices which were available for sale and he was optimistic that they would be met,  but there was always the risk of the housing market slowing down, however the Council had the new Housing Company to let any properties which didn’t sell so giving income sufficient to cover the Council’s borrowing costs.

·        Would any decisions taken on the additional delegation regarding disposal of land be able to be scrutinised.  Councillor Long explained that the proposal enabled the Council to act quickly with property transactions if necessary, preventing the loss of a deal due to the potential lengthy timeframes.  Councillor Beales confirmed that those decisions could be reviewed by the Panels.

·        Why was the Council leasing equipment, to which the Director Finance Services explained that the options available were all considered and the most cost effective option was taken in each individual case.

RECOMMENDED:  1)       That the amendments to capital schemes and resources for the 2017-2022 capital programme as detailed in the report be approved.

2)             That that new capital bids to be funded from available capital resources be approved and included in the capital programme 2018-2022 as detailed in the report.

 

3)             That delegated authority be given to the Property Services Manager in consultation with the Leader, relevant Portfolio Holder and the Executive Director – Finance Services in respect of the disposal of surplus land as detailed in section 7 of the report.

 

Reason for Decision

To report amendments, rephasing and resources to the 2017-2022 Capital Programme

CAB119

CIVIL PENALTIES AND RENT REPAYMENT ORDERS - HOUSING AND PLANNING ACT 2016, HOUSING ACT 2004 pdf icon PDF 325 KB

Decision:

RECOMMENDED:      1)         That the Policy Statement in relation to civil penalties be approved as an alternative to prosecution for certain housing offences (by virtue of the Housing and Planning Act 2016) as detailed in the report and Appendix A of the report.

 

2)         That the use of rent repayment orders (Housing Act 2004 and Housing and Planning Act 2016) as detailed in the report be approved.

 

3)         That the Corporate Enforcement Policy be amended to incorporate these changes

 

4)         That a Housing Regulation Policy incorporating Council decisions and the use of all housing duties and powers be brought forward in due course

 

5)         That delegated authority be granted to the Chief Executive in conjunction with the Portfolio Holder for Community responsibility to agree any necessary changes to the approach used in the exercise of these powers – within the constraints of the Housing and Planning Act 2016

 

Reason for Decision

To note the new powers placed upon the Council and adopt a Policy in relation to the power to impose penalty charges and rent repayment orders. The new powers in relation to penalty charges offer an alternative to lengthy and expensive prosecutions.

 

Minutes:

Councillor Lawrence presented the report which explained that the Housing and Planning Act 2016 introduced powers for the Council, as a local housing authority, to impose civil penalties as an alternative to prosecution for certain housing offences and extended the scope of rent repayment orders. The report outlined these powers and set out proposals to use them as part of the Council’s regulatory role.

 

The Housing Services Manager confirmed that the evidence gathered for this process had to comply with the same burden of proof as for a prosecution and could be applied to agents and landlords.

 

Under Standing Order 34, Councillor J Collop addressed the Cabinet, making reference to the fact that so many Houses in Multiple Occupation (HMOs) were not registered.  He raised concern about the fact that licenses may not have been obtained, and landlords may be contravening overcrowding notice, and the potential for landlords to transfer properties to other people to prevent notices.

 

Councillor Long explained that the proposal did not only relate to HMOs but to any rented property.

 

Councillor Lawrence reminded members that the proposal was another option available for housing standards, and that if information came forward on unregistered HMOs or overcrowding it would be investigated. There was a matrix set out in the report to follow in the process, but it did not prevent taking cases to court if necessary.

 

In response to Councillor Collop’s question on whether the original person would be liable for a penalty if the property had been passed on, he refused to receive an answer from Officers as requested by the portfolio holder and left the meeting.

 

The Housing Services Manager explained that there would be occasions where it was important to prosecute, and there were no upper limit on fines issued from a prosecution.  He confirmed that properties would be passed on to others, and officers would have to investigate the case, and would be interested to hear of any such incidences.  He made reference to the nationwide Rogue Landlords Register which would feature any landlord who was fined twice or more under this legislation.

 

The Chief Executive set out that the process was not to be soft on landlords but enabled officer to work speedily and not be held up by the courts system.

 

Councillor Beales asked how the burden of proof was achieved, the Housing Services Manager explained that internal procedures would be in place to reflect checks and balances and liaison would take place with Legal, caselaw examined, and the process would be kept under review.

 

Councillor Long reminded Members that the process was another tool to try to keep people safe and give a mechanism for a penalty with the burden falling onto those who were doing wrong.

 

RECOMMENDED:      1)         That the Policy Statement in relation to civil penalties be approved as an alternative to prosecution for certain housing offences (by virtue of the Housing and Planning Act 2016) as detailed in the report and Appendix A of the report.

 

2)  ...  view the full minutes text for item CAB119

CAB120

JOINT WORKING ARRANGEMENTS FOR CAR PARKING pdf icon PDF 66 KB

Decision:

 

RESOLVED:           1)       That on-street and off-street notice processing in Great Yarmouth and South Norfolk be undertaken.

 

2)       That the Executive Director, Commercial Services, in consultation with the Portfolio Holder for Facilities and ICT be given delegated authority to implement the arrangements.

 

Reason for Decision

 

To obtain cost benefit from joint working.

Minutes:

Councillor Mellish presented a report which detailed arrangements to extend the Borough Council’s current ongoing agreement with the County Council for on-street car parking notice processing.  It also proposed that the Borough Council extend its current arrangements with North Norfolk Council to Great Yarmouth and South Norfolk.

 

Attention was drawn to the successful partnership with other Norfolk Councils.  The resources required would be taken from existing staff, or TUPE’d staff, and would not cost the Borough.

 

RESOLVED:           1)       That on-street and off-street notice processing in Great Yarmouth and South Norfolk be undertaken.

 

2)       That the Executive Director, Commercial Services, in consultation with the Portfolio Holder for Facilities and ICT be given delegated authority to implement the arrangements.

 

Reason for Decision

 

To obtain cost benefit from joint working.

CAB121

APPOINTMENT OF REPLACEMENT DIRECTOR ON ALIVE MANAGEMENT pdf icon PDF 55 KB

Decision:

RESOLVED: That Councillor G Middleton be appointed a Borough Council representative to become a Director of Alive Management up to the period May 2018.

 

Reason for decision

 

To ensure continued involvement in the community by the Council

Minutes:

Councillor Long presented a report which sought the nomination of a Member to serve on the Alive Management Board of Directors to the period May 2018 to replace Councillor Mrs Mellish who had resigned the position.

 

RESOLVED: That Councillor G Middleton be appointed a Borough Council representative to become a Director of Alive Management up to the period May 2018.

 

Reason for decision

 

To ensure continued involvement in the community by the Council

CAB122

EXCLUSION OF THE PRESS AND PUBLIC

 

The Cabinet is asked to consider excluding the public from the meeting under section 100A of the Local Government Act 1972 for consideration of the item below on the grounds that it involves the likely disclosure of exempt information as defined by paragraph 3 of Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

           

PRIVATE ITEM

Details of any representations received about why the following reports should be considered in public will be reported at the meeting.

 

 

Decision:

RESOLVED: That under Section 100(A)(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 it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

 

Minutes:

RESOLVED: That under Section 100(A)(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 it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

 

CAB123

REVENUES AND BENEFITS SOFTWARE TENDER

Decision:

RESOLVED:1)       That the signing of the contract with Civica for the supply of Revenues and Benefits software for the initial seven year contract term be approved, and

 

2)       That the signing of any subsequent contract extensions, which may be multiple extensions of varying periods up to a total of a further eight years, making the maximum contact length 15 years in total be approved..

 

Reason for Decision

To ensure that a contract for the Revenues and Benefits software is in place and any subsequent contract extensions can be implemented.

Minutes:

The Director Finance Services presented the report which explained that the current contract for the supply of Revenues and Benefits software was expiring.  A tender exercise for the procurement of a new contract for the supply of the software had been completed and Civica selected as the preferred bidder.  The contract terms and conditions were being finalised prior to signing the contract.  It was confirmed that the system would be held on the Borough’s server rather than hosted by Civica.

 

RESOLVED:   1)         That the signing of the contract with Civica for the supply of Revenues and Benefits software for the initial seven year contract term be approved, and

 

2)         That the signing of any subsequent contract extensions, which may be multiple extensions of varying periods up to a total of a further eight years, making the maximum contact length 15 years in total be approved.

 

Reason for Decision

To ensure that a contract for the Revenues and Benefits software is in place and any subsequent contract extensions can be implemented.