Agenda, decisions and draft minutes

To approve the Minutes of the Meetings held on 17 September and 17 October 2024 (previously circulated).

RESOLVED:  The Minutes of the Meetings held on 17 September and 17 October 2024 were approved as a correct record and signed by the Chair.

RESOLVED: The Minutes of the Meetings held on 17 September and 17 October 2024 were approved as a correct record and signed by the Chair.

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

None

None

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.

None

None

To receive any Chair’s correspondence.

None.

None.

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

Members wishing to speak pursuant to Standing Order 34 should inform the Chair of their intention to do so and on what items they wish to be heard before a decision on that item is taken.

Councillors Bubb, Kemp, Long and Spikings attended under standing order 34.

Councillors Bubb, Kemp, Long and Spikings attended under standing order 34.

A copy of the Forward Decisions List is attached

The forward decision list was noted.

The forward decision list was noted.

To report on any Cabinet Decisions called in.

No matters had been called in.

No matters had been called in.

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

The Environment and Community Panel had considered and supported the following items:

The Gambling Act 2005

Bio Diversity Task Group report

Exempt report – Framework agreement for Care and Repair grant works

The Corporate Performance Panel considered the following items:

2024-25 Q1 Performance Management report

Council Tax Support – Final Scheme

Update to the Constitution

The Environment and Community Panel had considered and supported the following items:

The Gambling Act 2005

Bio Diversity Task Group report

Exempt report – Framework agreement for Care and Repair grant works

The Corporate Performance Panel considered the following items:

2024-25 Q1 Performance Management report

Council Tax Support – Final Scheme

Update to the Constitution

Click here to view the recording of this item on YouTube.

The Chair, Councillor Beales introduced the item and advised the report had been to the Corporate Performance Panel. He invited the Corporate Performance Officer to present the report.

The Corporate Performance Officer presented the 2024-25 Q1 Performance Management Report which outlined information on the progress made on key actions in the 2024/2025 annual plan and performance levels achieved on key performance indicators (KPI) up until the 30^th June 2024. She highlighted the Corporate Strategy Monitoring report which included the annual plan which had resulted in an increase from 38 to 66 actions to be monitored.  She brought to Cabinet’s attention, 37 of those actions were on track, 9 actions had minor issues or delayed, 8 actions were completed and removed from Q2 Performance Management Report, 12 actions were in partnership with others and added going forward these actions would be included in the report as information only.

The Corporate Performance Officer explained additional charts were added into the report for each quarter to be compared for each corporate priority. She referred to the 64 key performance indicators and explained 37 of the KPI’s, which was 77% had met or exceeded the targets, 11 of the KPI’s which was 23% had not met the targets.

She referred to indicator1.5 which related to percentage of major planning applications with an extension of time. She provided reassurance progress had been made and there was a reduction to 50% at the 31^st August 2024. She referred to indicator 1.9 which related to the number of new homes delivered within the Borough to meet the housing need. She added only a low number had been delivered however information had been received for Q2 which meant this number had increased. She explained indicator 3.4 had changed from green to red rating due to events happening nationally to the number of social media post compared to previous years. It was brought to the Cabinet’s attention indicator 3.6 which related to reduce revenue expenditure by 5% had reduced from green to red and advised reassurance was provided by the Assistant Director, work would be undertaken by budget monitoring.

Under Standing Order 34 Councillor Kemp referred to page 27 of the report and highlighted the amber action which was the Car Parking Strategy item. She commented there had been capacity issues and other deadlines but felt this strategy was an important part of the decarbonisation and the climate change strategy. She sought clarification if there was additional parking at the West Lynn ferry and the Travel Hub on Nar Ouse Way was part of Transport Strategy and if this was progressing.

Councillor Long referred to the Corporate Performance Panel meeting and the discussion about percentages of waste which had been recycled and commented he had spoken to the Waste and Recycling Manager who advised the data previously used was now reported nationally and annually in arrears. He made reference to the importance of knowing how much  ...  view the full minutes text for item CAB69

RECOMMENDED:  That the Council be invited to adopt the Statement of Principles in accordance with the requirements of the Gambling Act 2005.

Reason for Report

It is a Statutory requirement that the Council adopts a Statement of Principles.

Click here to view the recording of this item on YouTube.

Councillor Moriarty presented the Gambling Act 2005- Statement of Principles.

Councillor Moriarty highlighted this was a statutory requirement and needed to be published every three years in accordance with the Gambling Act 2005. He explained the policy was drawn up in accordance with the guidelines issued by the Gambling commission and would come into effect from 31^st January 2025. He added that without the Statement of Principles being adopted the Borough Council would not be able to conduct the statutory functions such as issuing licences, permits and enforcements.

Councillor Moriarty referred to Appendix A in the report, which was the list of prescribed consultees and explained the consultation ended on the 16^th of September 2024. He added there was one response from the consultation which was South Wootton Parish Council who had given support to the Statement of Principles.

RECOMMENDED:  That the Council be invited to adopt the Statement of Principles in accordance with the requirements of the Gambling Act 2005.

Reason for Report

It is a Statutory requirement that the Council adopts a Statement of Principles.

RECOMMENDED:      That the consultation responses be noted and Council be recommended that the draft CTS scheme for 2025/2026 be implemented as the final working age CTS Scheme for 2025/2026.   (This must be agreed by full Council by 31 January 2025 ready for the start of the financial year on 1 April 2025)

Reason for Decision

To ensure a CTS scheme for working age people for 2025/2026 is agreed by full Council by the deadline of 31 January 2025.

Click here to view the recording of this item on YouTube.

Councillor Morley presented the report on the Council Tax Support Scheme for 2025-2026 and explained this was identical to the Council Tax Support Scheme for last year. He highlighted this was a 100% scheme and there were only 8 responses to the consultation. He commented the Scheme would help residents within the Borough who needed full support. He commended the continuation of the Council Tax Support Scheme.

The Chair, Councillor Beales sought clarification on appendix B to the report.

The Revenues and Benefits Manager explained the table was a comparison of the National Pension Age Council Tax Support Scheme and the Local Working Age Council Tax Support Scheme. She added the Local Working Age Council Tax Support Scheme was in line with the National Scheme which previously was not the case, and the table highlighted the amount the support would be reduce by if there was another adult living in the property. Additionally, the Revenues and Benefits Manager outlined the differences were from when the Scheme was introduced when there was protected groups for the vulnerable however it was now paid more generously. Finally, she added the appendix showed the Local Working Age Council Tax Scheme allowed residents to keep an additional £10.00 of their earnings per week before it affected their Council Tax Support.

Councillor Rust expressed her support and endorsed the continued 100% Council Tax Support Scheme to incentivise the residents on the Working Age Scheme to keep an additional £10 of their earnings per week.

The Chair, Councillor Beales echoed Councillor Rust’s comments.

RECOMMENDED:  That the consultation responses be noted and Council be recommended that the draft CTS scheme for 2025/2026 be implemented as the final working age CTS Scheme for 2025/2026.   (This must be agreed by full Council by 31 January 2025 ready for the start of the financial year on 1 April 2025)

Reason for Decision

To ensure a CTS scheme for working age people for 2025/2026 is agreed by full Council by the deadline of 31 January 2025.

RECOMMENDED:  1) That the recommendations of the Urban Wildlife Informal Working Group as set out in paragraph 2.3 of the report, although recommendation 8 from the group, requiring a budget for delivery of the proposals would be covered separately through the creation of the two year fixed-term biodiversity project officer role be agreed.

2) That the appointment of a Biodiversity project officer, for a fixed period of two years, with funding coming from the climate change budget be approved.

3) That the council adopts the Biodiversity policies and specific objectives set out in appendix 1 to the report.

4) That the creation of a Pollinator Action Plan, on the basis of the draft attached (appendix 2), with the final wording to be agreed with the Assistant Directors for Environment and Planning and Operations and Commercial, in consultation with the portfolio holder for Climate Change and Biodiversity.

5) That the community biodiversity competition initiative, detailed in the report, be supported by the council.

Reason for Decision

To provide a suitable response to the original notice of motion, and to help the council contribute to improving biodiversity in the borough.

Click here to view the recording of this item on YouTube.

The Assistant Director for Environment and Planning presented the Biodiversity Task Group report. He provided background to the Biodiversity Task Group which was created because of the notice of motion in 2020. He added the Task Group had met on 5 occasions and section 2 of the report outlined what was discussed during those meetings. He referred to the duty the Borough Council had in regard to Biodiversity net gain and added the biodiversity competition came through discussion in the Task Group. He brought to Cabinet’s attention the draft Pollinator Action Plan and draft policies. The Assistant Director for Environment and Planning highlighted the recommendations.

Under Standing Order 34, Councillor Long commented he was pleased work had been carried out in response to the notice of motion and referred to recommendation 2 which highlighted the appointment of a Biodiversity Officer but questioned where this was to be funded from.

Councillor Squire expressed her support and commended the hard work of Officers, the Biodiversity Task Group and Councillor de Whalley.

Councillor Moriarty commented he was pleased with the draft policies and noted the resource and additional officer required. He echoed Councillor Squire and the hard work which had been put into preparing the report.

Councillor Morley commented on recommendation 2 and agreed it was appropriate to fund the Biodiversity Officer role from the Climate Change budget however he believed this budget was for the Climate Change action plan and raised the question if this was to be under a separate heading in the budget.

The Assistant Director for Environment and Planning added there was debate on the funding of the Biodiversity Officer role at the Biodiversity Task Group and if this was appropriate to be funded from the Climate Change budget. He added further as part of the debate it was felt Biodiversity and Climate Change were interlinked and there was the budget available for this.

Councillor Squire agreed Climate Change and Biodiversity were interlinked and the Biodiversity Crisis was caused by Climate Change. 

The Chair, Councillor Beales echoed the comments on the hard work carried out in preparing the report and noted the cross-party working on the notice of motion. He reflected on the importance of the resource issue the Borough Council has but added it was a tangible commitment to an area of policy which needed the commitment.

RECOMMENDED:  1) That the recommendations of the Urban Wildlife Informal Working Group as set out in paragraph 2.3 of the report, although recommendation 8 from the group, requiring a budget for delivery of the proposals would be covered separately through the creation of the two year fixed-term biodiversity project officer role be agreed.

2) That the appointment of a Biodiversity project officer, for a fixed period of two years, with funding coming from the climate change budget be approved.

3) That the council adopts the Biodiversity policies and specific objectives set out in appendix 1 to the report.

4) That  ...  view the full minutes text for item CAB72

Under Regulation 10 of the Local Authorities (Executive Arrangements)(Meetings and Access to information)(England) Regulations 2012,  as agreed prior to and at the meeting with the Chair of Corporate Performance Panel, the matter would not be subject to call in to ensure the preparatory work can be progressed in time for the payroll deadline.

RESOLVED:   1)          That with effect from 1^st April 2024 an annual pay award of £1,290 (pro rata for part time employees) be paid as a consolidated, permanent addition to salaries for all staff earning less than or equal to the equivalent of National Joint Council pay point 43 (equivalent to £51,515 per annum).

2)             That with effect from 1^st April 2024 a permanent salary increase of 2.5% be paid to all staff earning the above NJC spine point 43 (equivalent to £51,515 or more per annum). 

Reason for Decision

To implement an annual pay increase for employees which reflects the approach taken by the National Joint Council for local government services in relation to cost of living pay increases for employees for the 2024/25 financial year.

Click here to view the recording of this item on YouTube.

The Chair, Councillor Beales presented the Staff Pay Award 2024/2025 and explained the delay in the pay increase being determined and agreed. He added the National pay increase for staff was agreed on the 22^nd October 2024. He thanked the Chair of the Corporate Performance Panel for agreeing that the item was not to be called in and be brought to Cabinet without having featured on the Forward Decision list for the appropriate number of days, to ensure this could be processed before Christmas. The Chair, Councillor Beales commented that the proposed staff pay increase had been forecast and included in the budget.

He explained that with effect from 1^st April 2024 there would be a permanent salary increase of 2.5% be paid to all staff earning above £51,515 or more per annum and an annual pay award of £1,290 (pro rata for part time employees) paid as a consolidated, permanent addition to salaries for all staff earning less than or equal to £51,515 per annum.

The Assistant Director for Central Services added Unison had been in consultation throughout the process and the report included their comments as well as Alive West Norfolk Board.

Under Standing Order 34, Councillor Long appreciated the acknowledgement as the Chair of the Corporate Performance Panel to not call in this item due to the urgency. He commented the importance of the paying staff appropriately and the balance of what could be afforded, and the work staff carried out. He noted that Members allowances would be assessed by an independent panel and hoped this would be done in a timely manner.

The Chair, Councillor Beales commented the importance of the independent panel to assess Members allowances and encouraged Members to participate in the review.

Additionally, under Standing Order 34, Councillor Spikings recognised the hard work of the staff and supported the pay increase. She sought clarification that the backdated pay would be paid to staff to help with Christmas. 

The Assistant Director for Central Services confirmed it would be processed by payroll in time for December pay and staff would receive the backdated pay.

Under Standing Order 34, Councillor Kemp commented she was pleased this pay increase for staff was being supported and added staff should be valued for the work they carry out and the pay increase reflected this.

Councillor Rust added she was pleased Unison had been consulted and highlighted the impact it would have on staff on lower salaries. She commented she felt reassured this would be processed for staff in time for Christmas and the staff deserved a decent pay increase.

Councillor Ring referred to Councillor Long’s comments regarding the Members allowances and took the opportunity to remind and urge Members to respond to the survey of the independent panel.

Under Regulation 10 of the Local Authorities (Executive Arrangements) (Meetings and Access to information)(England) Regulations 2012,  as agreed prior to and at the meeting with the Chair of  ...  view the full minutes text for item CAB73

RECOMMENDED:  1)         That the adoption of the draft Council Procedure Rules into Part 4 of the Constitution as set out in the report, to be effective from 1 January 2025, be approved. 

2)            The approval of the Schedule of Substantive Changes to the Constitution and Minor Amendments to Standing Orders set out in the report, to be effective from 1 January 2025 be approved subject to the following amendment:

• The budget meeting rules include a safety valve for amendments on the night if Members vote to allow this
• Notices of Motion - SO 7.9-  the total time limit shall be 60 minutes for the whole item and 30 mins each on the basis that the Mayor can decide to flex this as necessary
• That standing order 34 relating to attendance at Planning Committee by members be updated to require that Members give a brief summary of what they intend  to say under SO34 to the Chair and Dem Services which will be published in advance of the meeting.

3)    That the revised Proportionality be approved.

Reason for Decision

To fulfil the Council’s duty to review and keep its Constitution up to date. 

Click here to view the recording of this item on YouTube.

The Monitoring Officer presented the report and explained that the report included proposed Council procedure rules and substantive amendments to the Constitution.

She highlighted the key issues which were identified by the Corporate Performance Panel and added this was the work carried out by the Constitution Working Group. She referred to Section 6 of the Council procedure rules which was a budget meeting of full Council, and explained to Members that this would allow one meeting of full Council to focus on the budget. She highlighted 6.7 which contained amendments to the budget decision making, and the process of members and group leaders submitting amendments to the proposed budget prior to the meeting and that they be validated to ensure it was a balanced budget. She added that proposed amendments to the budget would be published for members prior to the meeting to allow consideration.

Budget

The Monitoring Officer outlined the amendments which had been made since the Corporate Performance Panel meeting which included Group Leaders being able to move a budget amendment which could include a number of changes. Included in 6.7.1 was the timing of ten clear working days for the Section 151 Officer to validate the budget amendment. She highlighted 6.7.1.11 which meant the Chief Executive could extend the timescale as referred to in 6.7.1. Additionally, she highlighted 6.7.16 which outlined the validation process of a budget amendment.

Under Standing Order 34, Councillor Long commented that it was limited to Members to propose an alternative budget without being able to use reserves in a different way than Cabinet but acknowledged the reasons for this. 

The Chair, Councillor Beales responded to Councillor Long’s comment and highlighted the statutory duty of the Council to produce an annual budget which was compliant and balanced.  He highlighted there were not reserves to accommodate being used elsewhere. He expressed his concern on 6.7.1.1 and a potential scenario of Council agreeing to a number of the proposals contained in the amendment but not the amendment as a whole. 

The Monitoring Officer responded to the Chair’s question on 6.7.1.1 and advised the proposer of the substantive motion could propose to alternate the substantive motion. She advised that if during the meeting it became apparent the amendment was supported except one proposal then Council would not be able to alter the amendment without the proposer doing so.

Councillor Morley commended the hard work of the Constitution Informal Working Group and the Monitoring Officer on producing a structural framework for a budget meeting. He added as the proposed budget would be submitted 10 clear working days before for the Section 151 Officer to validate, this would prevent the scenario in question occurring. He encouraged proposed budget amendments and asked them to be submitted as soon as the proposed budget was raised.

The Chair, Councillor Beales echoed Councillor Morley’s comments of the hard worked carried out by the Monitoring Officer and the Constitution Informal Working Group.  ...  view the full minutes text for item CAB74

RESOLVED:  1)         That the revised Terms of Reference for KLAC attached to the report at Appendix 1 be approved.

2)            That delegated authority been given to the Leader in consultation with the Chair of KLAC and the Monitoring Officer to make any future revisions to the Terms of Reference for KLAC.

Reason for Decision

To deliver the Council’s Corporate Strategy

Click here to view the recording of this item on YouTube.

The Monitoring Officer presented the report and explained the amendments to the Terms of Reference to make the Committee decision making flexible and the Member delegated decision to make further amendments if required. She reminded Members that KLAC was a sub-committee of Cabinet. 

Councillor Rust welcomed the amended KLAC Terms of Reference and highlighted that as she considered there was a level of democracy missing due to no parish, the amended Terms of Reference went a way to help with this by permitting KLAC to make decisions.

Under Standing Order 34, Councillor Kemp, supported the amendments to the KLAC Terms of Reference and was confident of projects happening going forward.

Councillor Morley commented as part of the Corporate Strategy it was considered introducing Town Council’s responsibilities however KLAC allowed residents in King’s Lynn to have specific representation.

RESOLVED:  1)         That the revised Terms of Reference for KLAC attached to the report at Appendix 1 be approved.

2)            That delegated authority been given to the Leader in consultation with the Chair of KLAC and the Monitoring Officer to make any future revisions to the Terms of Reference for KLAC.

Reason for Decision

To deliver the Council’s Corporate Strategy

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 items below on the grounds that they involve 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.

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.

Click here to view the recording of this item on YouTube.

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.

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

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations.

Councillor Rust introduced the Framework Agreement for Care and Repair Grant Work

The Assistant Director for Health, Wellbeing and Public Protection and the Care and Repair Manager provided further details on the report.

Cabinet Members and Members present under Standing Order 34 asked questions and Officers responded accordingly.

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

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations.