Agenda and minutes

Venue: Committee Suite

Contact: Sam Winter, Democratic Services Manager 01553 616327 

Items
No. Item

CAB38

MINUTES pdf icon PDF 178 KB

To approve the Minutes of the Meeting held on 28 July 2015 (previously circulated pages 164 - 170).

 

Minutes:

RESOLVED:   The Minutes of the Meeting held on 28th July 2015 were approved as a correct record and signed by the Chairman.

CAB39

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.

 

Minutes:

None

CAB40

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

CAB41

CHAIRMAN'S CORRESPONDENCE

To receive any Chairman’s correspondence.

Minutes:

The Chairman reported receipt of a number of emails relating to the LDF item on the agenda.

CAB42

MEMBERS PRESENT UNDER STANDING ORDER 34

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

Minutes:

The following Councillors attended for the item on Site Allocations and Development Management Policies Plan – Responses to Inspectors request for further information:

Councillors B Anota, P Gidney, C Joyce and K Mellish.

CAB43

CALLED IN MATTERS

To report on any Cabinet Decisions called in.

Minutes:

None

CAB44

FORWARD DECISIONS

A copy of the Forward Decisions List is attached

 

Minutes:

The Forward Decision Notice was noted.

CAB45

MATTERS REFERRED TO CABINET FROM OTHER COUNCIL BODIES pdf icon PDF 634 KB

To receive any comments and recommendations from other Council bodies which meet after the dispatch of this agenda.  Copies of any additional  comments made will be circulated as soon as they are available.

 

§     Resources and Performance Panel –  1 September 2015

§     Joint Regeneration & Development and Environment & Community Panels – 2 September 2015

§     Audit Committee – 7 September 2015

 

Minutes:

i)    Resources and Performance Committee

 

The Panel made the following recommendations to Cabinet, which were dealt with when Cabinet considered the reports on the agenda:

 

RP44 CABINET REPORT: NON DOMESTIC RATES – EXTENSION OF TRANSITIONAL RELIEF

 

RESOLVED:That the Panel support the recommendation to Cabinet as follows:

 

Cabinet recommend to Council to adopt the Discretionary Transitional Relief Scheme for 2015/2016 and 2016/2017 as detailed in the report and shown at Appendix A.

 

RP45 CABINET REPORT: COUNCIL TAX SUPPORT SCHEME 2016/2017

 

RESOLVED:The Panel support the recommendations to Cabinet as follows:

1) Note the consultation responses from Norfolk County Council and Norfolk’s Police and Crime Commissioner.

2) Agree a public consultation period running online over a six week period from 18 September 2015 to 30 October 2015.

3) Agree the Council Tax Support Scheme for 2015/2016, with the amendments as shown at Appendix C, as the draft Council Tax Support Scheme for 2016/2017 to go to public consultation.

4) Note that a further report detailing the proposed final Council Tax Support Scheme for 2016/2017 would be presented to Cabinet, for recommendation to Council, before 31 January 2016.

5) The cost of the Council Tax Scheme and the impact of the taxbase would be monitored and an update report brought back before Members after six months.

 

ii)   Joint Panels Meeting: 22 July 2015

 

The Panels made the following recommendations to Cabinet, which were dealt with when Cabinet considered the reports on the agenda:

 

RD&EC49: Cabinet Report – Nar Ouse Business Park Enterprise Zone

 

RESOLVED: That the Regeneration and Development & Environment and Community

Panel supported the recommendations to Cabinet as set out below, with an additional recommendation 4.:

It is recommended that Cabinet:

1. Approves the submission of Nar Ouse Business Park for Enterprise Zone status as part of a multi-site New Anglia Enterprise Zone, as outlined in Appendix 1.

2. Endorses the proposed Business Rates Growth sharing formula, as described in paragraph 8 of this report.

3. Delegates authority to the Chief Executive in consultation with the Leader of the Council to undertake any further negotiations with the New Anglia LEP to enable the Enterprise Zone proposal to be submitted to Government by 18 September 2015.

4. That the comments made by both panels be taken into account.

 

RD&EC50: Cabinet Report – South Wootton And Brancaster Neighbourhood Plans

 

RESOLVED: That the Regeneration and Development & Environment and Community Panel support the recommendations to Cabinet as set out below:

1. That the submitted South Wootton Neighbourhood Plan:

a) be amended in accordance with the recommendations of the Independent Examiner; and

b) so modified, should proceed to a local referendum covering the area of South Wootton Parish.

2. That the submitted Brancaster Neighbourhood plan:

a) be amended broadly in accordance with the recommendations of the independent Examiner but, subject to consultation, with detailed variation from those recommendations, as set out in Appendix 5; and

b) so modified, should proceed to a local referendum covering the area of Brancaster Parish.

3. That authority to  ...  view the full minutes text for item CAB45

CAB46

ANNUAL GOVERNANCE STATEMENT 2014/15 pdf icon PDF 97 KB

Additional documents:

Minutes:

 

The Chief Executive presented a report on the Council’s Local Code of Corporate Governance which set out six core principles of good governance that focus on the systems and processes for the direction and control of the Council and its activities through which it accounts to, engages with and leads the community. These core principles included:

 

·       Focusing on the purpose of the Council

·       Roles and responsibilities of members and officers

·       Standards of conduct and behaviour

·       Decision making, scrutiny and risk management

·       Developing capacity and capability of members and officers

·       Engaging with local people and stakeholders

 

The extent to which the Council adhered to these principles was described in the Annual Governance Statement.

 

The Chief Executive explained that the preparation and publication of an Annual Governance Statement (AGS) was a statutory requirement. The AGS was a public statement that described and evaluated the Council’s overall governance arrangements during a particular financial year. It included a self-assessment of the effectiveness of the governance arrangements, across all areas of activity, together with a statement of the actions being taken or required to address any areas of concern. The External Auditors had considered the report and considered it sound.

 

The Statement was signed by the Leader and Chief Executive of the Council and published alongside the Statement of Accounts.

 

Councillor Pope asked if such documents in the future could be presented with track changes or something to identify where there had been changes.

 

Councillor Pope, in referring to the Action Plan, asked if the targets set out in the Plan would be achievable, to which it was confirmed that they were monitored by Management Team.

 

The Personnel Services Manager also explained that the External Auditors had suggested that in future years, now the Leisure Trust was in place, the arrangements with that should be reflected in the document.

 

It was noted that the Audit Committee had supported the report and recommendations.

 

RECOMMENDED:  That the Annual Governance Statement for the 2014/15 year be approved for adoption and the Leader of the Council and the Chief Executive sign accordingly.

CAB47

STATEMENT OF ACCOUNTS 2014/2015 AND REPORT TO THOSE CHARGED WITH GOVERNANCE pdf icon PDF 100 KB

Additional documents:

Minutes:

The Assistant Director for Resources presented the report which introduced the Statement of Accounts (SOA) 2014/2015 – the Statement was the final accounts set out in a format which included the Council’s balance sheet and associated notes. The report also considered the report from the Auditor on the Audit for the accounts 2014/2015 – the International Auditing Standard (ISA 260). It was noted that the Council’s External Auditors had presented their report to the Audit Committee on 7 September.  They had also indicated that they would be giving an Unqualified opinion on the Accounts for 2014/15.

 

Councillor Beales asked whether with the complexity of the Leisure Trust arrangements the Auditors were satisfied that it was working as well as intended.  The Assistant Director commented that the accounts presented were for the first year, Ernst and Young had worked with the Alive Management auditors on the Audit which had been more complicated than pre Leisure Trust, the whole process would be fine-tuned in the coming years.

 

Councillor Beales also made reference to the Auditors comments on the 99 year lease for the property sold at Hunstanton which they felt should be added into the accounts over a 99 year period.  Councillor Beales understood that for a lease over 50 years it could be dealt with as a Capital receipt.  The Assistant Director Resources responded that the Auditors had re-iterated their requirement and so would mention it each year.

 

It was noted that the Audit Committee had considered the report and supported the recommendations.

 

RESOLVED:1) That the authority for any changes required to the Statement of Accounts be delegated to the Assistant Director (designated Section 151 officer), in consultation with the Leader of the Council, and if necessary present an updated Statement to Council.

 

2) That the comments of the auditor on the ISA260 be noted.

 

RECOMMENDED that Council:

1) approve the Statement of Accounts for 2014/2015

2) note the comments of the auditor on the ISA260

CAB48

REVIEW OF THE EFFECTIVENESS OF THE AUDIT AND RISK COMMITTEE pdf icon PDF 306 KB

Minutes:

The Assistant Director Resources presented the report which provided Cabinet with the results of the ‘Review of the Effectiveness of the Audit and Risk Committee’ for 2014-15 carried out through a self assessment process, which  confirmed that the Committee was fulfilling its stated purpose which was ‘to provide independent assurance of the adequacy of the risk management framework and the associated control environment, independent scrutiny of the Council’s financial and non-financial performance to the extent that it affected the Council’s exposure to risk and weakened the control environment, and to oversee the financial reporting process’

 

Councillor Pope asked how the Audit Committee reviewed itself, to which it was explained that there was a specific self assessment process which had to be undertaken, it also looked at the work carried out on the Audit Plan etc.

 

The Chief Executive also pointed out that the previous year the exercise had been undertaken by an external auditor, which was considered good practice every 4-5 years.

 

Councillor Beal drew attention to the enquiring questions which were being raised by the Members of the Committee. Councillor Beales referred to the Auditors acknowledgement of this.

 

Councillor Long asked if the Members of the Audit Committee were aware that they could meet privately with the External Auditors.  It was confirmed that this was in the Terms of Reference of the Committee, and it was anticipated that after the review of Scrutiny Arrangements this would take place if they requested it.

 

ReSOLVED:That the contents of the report be noted.

 

CAB49

NON DOMESTIC RATES: EXTENSION OF TRANSITIONAL RELIEF pdf icon PDF 163 KB

Minutes:

The Assistant Director Resources presented a report which explained that the Government had legislated to allow Councils to adopt a discretionary scheme of Transitional Relief for qualifying ratepayers in their area as the statutory scheme ended on 31 March 2015 and the revaluation had been deferred until 2017. The cost would be met in full by Central Government. This report detailed the proposed discretionary Transitional Relief scheme for the Borough.

 

The Assistant Director undertook to ascertain responses to the following questions:

·       If there was a daily award of relief?, and

·       If the rate payer’s circumstances changed so they no longer met the criteria, how was that clarified?

 

Councillor Long commented that the proposal was funded by Government and helped businesses, so he considered it would be remiss of the Council not to approve this.  Councillor Beales concurred.

 

The Resources and Performance Panel had considered the matter and had supported the proposals.

 

ReCOMMENDED:  That the discretionary Transitional Relief scheme for 2015/2016 and 2016/2017 as detailed in the report be approved.

 

CAB50

2016/17 DRAFT COUNCIL TAX SUPPORT SCHEME FOR CONSULTATION pdf icon PDF 235 KB

Minutes:

The Assistant Director Resources presented a report explaining that the Council must review and agree its Council Tax Support scheme each financial year. This process included consulting with major preceptors, publishing a draft Council Tax Support scheme and then consulting with interested parties before the final Council Tax Support scheme was approved.

 

The report detailed a review of the 2015/2016 Council Tax Support scheme, the consultation responses from Norfolk County Council and Norfolk’s Police and Crime Commissioner, and the recommended draft 2016/2017 Council Tax Support scheme to go to public consultation. She confirmed that no response had been received from the Police Commissioner.

 

Attention was drawn to the table of protected groups set out in the report.

 

Councillor Long stated there had been a requirement to settle the scheme locally, and the methodology had been kept largely the same.  The proposed scheme involved further funds being added to the pot to assist those in hardship.  He acknowledged that if it were changed further it would have a knock on effect on those who were not on the list of protected groups.

 

Councillor Spikings drew attention to the level of applications for hardship funding, the fact that the pot had increased during the course of the year, and for the coming year, and asked if it was a rolling  programme of review, to which it was explained that the level of demand had to be kept under review, and the budget had been amended previously and for the coming year to reflect that demand.

 

Councillor Beales drew attention to the useful debate held at the Resources and Performance Panel, and reminded Members it would go out to consultation.  He commented that he felt the level of support given should be endorsed for consultation purposes.

 

RESOLVED:Members:

1) Note the consultation responses from Norfolk County Council and Norfolk’s Police and Crime Commissioner.

2) Agree a public consultation period running online over a six week period from 18 September 2015 to 30 October 2015.

3) Agree the Council Tax Support (CTS) scheme for 2015/2016, with the amendments as shown at Appendix C to the report, as the draft Council Tax Support scheme for 2016/2017 to go to public consultation.

4) Note that a further report detailing the proposed final Council Tax Support scheme for 2016/2017 will be presented to Cabinet, for recommendation to Council, before 31 January 2016.

5) The cost of the CTS scheme and the impact on the taxbase will be monitored and an update report brought back before Members after six months.

CAB51

BUSINESS CONTINUITY MANAGEMENT POLICY STATEMENT & STRATEGY pdf icon PDF 104 KB

Additional documents:

Minutes:

The Environmental Health Manager presented a report which explained that the Council was a Category 1 responder under the Civil Contingencies Act 2004, which placed a duty on it to develop and maintain plans to ensure that if an incident occurred, the authority was able to continue to perform its critical activities and key services.

 

The Council’s Policy Statement on Business Continuity Management was agreed by full Council in September 2013 and had been updated to reflect the changes to the Management structure with effect from May 2015.

 

Whilst updating the Policy Statement, the whole document, including details of the council’s strategy and approach had been updated. 

 

Councillor Long commented that it would be difficult to carry out a full exercise on King’s Court and maintain the service to the public, so he felt it was good that the Plan existed and that e learning was available for staff.   He asked if a full exercise had been considered.  The Environmental Health Manager explained that table top exercises were carried out, and a recent exercise was undertaken in the new post room facilities also involving the fire service.

 

Councillor Beales asked if the Leisure Trust was in the same position as the Borough Council, to which it was explained that they had to make their own arrangements, but for the systems operated on their behalf by the Borough, a system had to be in place.

 

It was noted that the Audit Committee had supported the recommendations.

 

RECOMMENDED: 1) That the new version of the Business Continuity Policy Statement and Strategy be approved.

 

2) That delegated authority be granted to the Chief Executive, in consultation with the Leader, as Portfolio Holder for Business Continuity, to make further minor changes if deemed necessary.

CAB52

SOUTH WOOTTON AND BRANCASTER PARISH NEIGHBOURHOOD PLANS pdf icon PDF 227 KB

Additional documents:

Minutes:

Councillor Spikings presented the report which reminded Cabinet that the Council was required to facilitate the production and adoption of neighbourhood plans under the Localism Act 2011. The Cabinet agreed a series of delegated powers to facilitate this process at its meeting on 3 March 2015. It reserved to itself decisions as to whether a neighbourhood plan should proceed to a referendum, and if so whether the plan must first be amended to meet the relevant statutory requirements. Two neighbourhood plans had now reached the stage where such decisions must be made.

 

Brancaster Parish Council’s Draft Neighbourhood Plan was the first of this new type of plan to be formally submitted to the Borough Council, and South Wootton Parish Council followed closely behind with its Draft Neighbourhood Plan submission. In both cases the Plan area was for the whole of the relevant Parish.

 

The draft neighbourhood plans had been published by the Borough Council, and comments from the public invited. Both Plans had been formally examined by an independent Examiner taking into account the comments received.

 

The Borough Council must now consider the Examiners’ Recommendations and decide for itself whether the statutory tests had been met, or whether the plan could be modified to meet those tests. If the Borough Council was minded to make a decision different to the Examiner’s Recommendations, it must first consult on this before coming to its final decision and potentially moving to a Referendum.

 

Councillor Spikings explained that the life of any approved Neighbourhood Plan would be for the same period as the Core Strategy, and that this would be approved by the referendum at which more than 50% of those voting must vote in favour of it.

 

The report recommended that the South Wootton Plan be supported and move to Referendum stage, but the Brancaster Plan could benefit from some further amendments to assist them to achieve what they wanted from the Plan.

 

Councillor Mrs Nockolds commended the large amount of work which had been carried out by the communities on the Plans, which in South Wootton she felt had brought the community together and meant they had carried out all types of work in its preparation. She hoped that there would be a good turnout for the referendum.

 

Councillor Beales asked how the referenda would be organised and who would pay for them, and what consideration would have to be given to them in the planning process.  The Planning Policy Manager explained that the Elections Team would organise them, the Borough would fund them using grants from the Government.  When a planning application was submitted the Neighbourhood Plan had to be considered along with other planning policy considerations. It would not however usurp strategic planning issues.

 

Councillor Spikings commented that the Plan couldn’t state how many houses the community wanted or didn’t want, but could comment on the design etc it wanted in an area.  A community would also receive 25% of any CIL money raised instead of 15% without a Plan.  ...  view the full minutes text for item CAB52

CAB53

NAR OUSE BUSINESS PARK ENTERPRISE ZONE pdf icon PDF 592 KB

Minutes:

 

 

The Regeneration and Economic Development Manager presented a report which explained that the Borough Council had been invited by the New Anglia LEP to put forward a site for Enterprise Zone status as part of a multi-site New Anglia Enterprise Zone. The report outlined the key elements of the new wave of Enterprise Zones and detailed the proposal to put forward the employment land – Nar Ouse Business Park - on Nar Ouse Regeneration Area (NORA) for Enterprise zone status.  He reported that at the Meeting of the LEP Board today they had accepted the proposal which would now be submitted to the Government for consideration.

 

In response to a question from Councillor Pope, the Regeneration and Economic Development Manger explained that the enquiries for the scheme would be sifted in accordance with the theme for the area of advanced manufacturing /engineering.

 

In referring to the levels of business rates payable for the area over a 25 year period and the assumption the site would not be filled from day 1 what impact would any vacancies have on the forecast figures.  It was explained that there was a commitment from the LEP that the Borough would be able to access funds to develop the Enterprise Zone at the initial stages, and they would borrow against future growth.  The LEPS could also have decided to keep 100% of the business rate growth, but on this occasion they had chosen to share it.

 

Councillor Mrs Nockolds asked if the College were to be drawn in to support the theme of advanced engineering and manufacturing, to which it was confirmed that they and other education establishments such as Anglia Ruskin and University of Cambridge along with existing manufacturers would be drawn upon to transfer knowledge and give added benefit to the proposals.

 

Councillor Beales drew attention to the fact that the Innovation Centre was now being constructed on the NORA site, which would be helpful in moving the proposals forward.  He drew attention to the considerable debate held in the Joint Panels meeting, and noted that the Chairman was keen for a railway station to be situated on the site, which he felt was a quite an expectation for this site, but with the additional employment to be allocated there it would add to the case for the A47 improvements and the infrastructure for the area generally.

 

RESOLVED:1)       That the submission of Nar Ouse Business Park for Enterprise Zone status as part of a multi-site New Anglia Enterprise Zone, as outlined in Appendix 1 of the report be approved.

 

2) That the proposed Business Rates Growth sharing formula, as described in paragraph 8 of the report be endorsed.

 

3) That delegated authority be granted to the Chief Executive in consultation with the Leader of the Council to undertake any further negotiations with the New Anglia LEP to enable the Enterprise Zone proposal to be submitted to Government by 18 September 2015

CAB54

SITE ALLOCATIONS AND DEVELOPMENT MANAGEMENT POLICIES PLAN - RESPONSES TO INSPECTORS REQUEST FOR FURTHER INFORMATION pdf icon PDF 1 MB

Additional documents:

Minutes:

An addendum page was submitted which set out the proposed minor amendments picked up at the Joint Panels meeting and the amended map of West Winch proposals.

 

Councillor Spikings presented the report which explained that the Examination into the Site allocations plan was adjourned on 7 July and the Inspector outlined a number of issues to which he required responses. The report set out the broad issues raised and sought the endorsement of Cabinet for a number of changes to the submitted plan and related matters. The approach covered:

 

• Habitat Regulation issues

• Flood risk issues

• Flexibility and deliverability

 

The report commented that the approach and detailed changes provided a pragmatic response and displayed sufficient flexibility in response to the Inspector’s questions, and he had indicated he that the Borough Council’s approach seemed to be appropriate.  The Examination would resume on 30 September 2015, for the first day in the Committee Suite, then returning to Lynnsport thereafter.

 

Councillor Mrs Spikings in referring to the Habitat Mitigation Levy Panel proposed that the Panel should include 2 Members of the Borough Council, not the 1 proposed in the report.  This was agreed.  In referring to the Habitat Mitigation document, attention was drawn to the fact that it set out what was proposed and the location of sites where pressure was put on them, for example dog walking in sensitive bird nesting sites.

 

With regard to the Gravel Hill, West Winch site which was now proposed to be added to the Plan, it had been argued that removal of it originally from the Plan had rendered the overall development of the other areas unsound, therefore requiring its re-inclusion as the logical extension to the existing development proposals.  Inclusion of the site would aid the provision of the relief road. Those areas of flood risk within the site could be used for open space or addressed through planning requirements.  Councillor Mrs Spikings went on to say that West Winch Parish Council and a number of individuals were not happy with the proposal, but if approved today, the Inspector would take it as a modification, whereon members of the public would be consulted on it and those views expressed would be presented to the Inspector, who would give consideration to all points made on both sides.

 

The LDF Manager further explained that the Inspector had seen issues around habitat and had raised queries re flood risk and sought information on what the Council would do if it couldn’t get the level of housing required by 2026.  The report set out to explain where there was flexibility in delivery and how it would be covered. 

 

With regard to windfall sites the figures were set out in the report, and there was also evidence that sites were often more intensely developed than anticipated.  He also reminded Members that there was a commitment to begin reviewing the Plan at an early stage, ensuring a commitment to keep looking forward.

 

In referring to West Winch, he explained  ...  view the full minutes text for item CAB54

CAB55

REVISIONS TO THE MEMBER CODE OF GOOD PRACTICE FOR PLANNING pdf icon PDF 74 KB

Additional documents:

Minutes:

Councillor Mrs Spikings presented the report on the review of the Member Code of Good Practice for Planning which had been in place for a number of years.  As a result the Code needed to be updated in line with the new legislative provision under the Localism Act 2011 relating to predetermination and the Planning Advisory Services had also produced updated Guidance.

 

She drew attention to the need for the Code to be inclusive for people with disabilities.  She confirmed that it would be on the Council’s website for the public to access.

 

RECOMMENDED:  That the revised Code of Practice be adopted.

CAB56

FRAMEWORK AGREEMENT FOR CARE & REPAIR GRANT WORKS pdf icon PDF 89 KB

Minutes:

The Procurement Officer presented a report which explained that a tender process had been carried out to establish a framework agreement for aids and adaptions works managed by Care & Repair. The majority of the works carried out under the proposed framework would be level access showers and external access ramps and hard-standings. Most of these works were grant funded and also covered work for Breckland and Fenland District Councils.

 

RESOLVED:That the signing of Framework agreements with eight contractors named in this report be approved.