Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 10 May 2021 (previously circulated).

RESOLVED:   The Minutes of the meeting held on 10 May 2021 were agreed as a correct record and signed by the Chair.

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RESOLVED:   The Minutes of the meeting held on 10 May 2021 were agreed 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.

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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.

Councillor Moriarty declared a non pecuniary interest as a newly elected NCC member.

Councillor de Whalley declared a non pecuniary interest in the Parkway item as a member of the Fenland Trust.

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Councillor Moriarty declared a non pecuniary interest as a newly elected NCC member.

Councillor de Whalley declared a non pecuniary interest in the Parkway item as a member of the Fenland Trust.

To receive any Chair’s correspondence.

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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 on before a decision on that item is taken.

Please note that for the Parkway item only the Chair will permit questions from standing order 34 attendees.

Under standing order 34 the following Councillors attended:

Councillors Moriarty (items 9,10, 16 and 18)

Morley,

Nockolds (item 14),

Parish (items 11 and 12)

Rust (items 11, 13 and 14)

Ryves (item 13)

Squire (item 13)

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Under standing order 34 the following Councillors attended:

Councillors Moriarty (items CAB 9,10, 15 and 17)

Morley

Nockolds (item CAB 13),

Parish (items CAB10, 11 and 12)

Rust (items CAB 10, 12, 13 and 14)

Ryves (item CAB12)

Squire (item CAB 12)

De Whalley (CAB10 and 12)

To report on any Cabinet Decisions called in.

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A copy of the Forward Decisions List is attached

The forward decision list was noted

The forward decision list was noted.

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

The Regeneration and Environment Panel had made recommendations on the Local Plan item and the Southgates Masterplan.  Members had received the comments which were noted.

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The Regeneration and Environment Panel had made recommendations on the Local Plan item and the Southgates Masterplan.  Members had received the comments which were noted.

RESOLVED:           That Cabinet note the list of portfolio responsibilities.

RECOMMENDED:   That the amended Scheme of Delegation be approved as a change to the Constitution by Council.

Reason for Decision

To ensure the scheme of delegation is in line with the portfolio areas of responsibility.

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Cabinet considered a report which explained that following the appointment of a new Leader and subsequently changes to the list of portfolio responsibilities, amendments were required to the Scheme of Delegation so the two documents aligned.

Under standing order 34 Councillor Moriarty addressed the Cabinet on this item expressing the hope that Cabinet Member with responsibility for Tourism and CPP can work together to consider the fact that the level of tourism in some of the Borough was affecting constituents lives.

RESOLVED:           That Cabinet note the list of portfolio responsibilities.

RECOMMENDED:   That the amended Scheme of Delegation be approved as a change to the Constitution by Council.

Reason for Decision

To ensure the scheme of delegation is in line with the portfolio areas of responsibility.

RECOMMENDED:  1)         The Council approves the draft Local Plan Review for pre-submission consultation.

2)         Following that consultation the Council agrees to submit the Local Plan Review.

3)         That the final pre-submission version of the document and methods of public consultation be agreed by the Executive Director Planning and Environment in consultation with the Portfolio Holder for Planning and Development.

4)         The Council notes the updated Local Development Scheme timetable.

Reason for Decision

To consult on a draft Local Plan Review, and ensure an efficient process is used to gauge public opinion.

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Councillor Blunt presented a report which explained that a draft Local Plan had been prepared by a review of the adopted Core Strategy and Site Allocations and Development Management Policies documents. It incorporated the latest housing requirements and other research.  He thanked both officers and members of the Local Plan Task Group for their work in preparing the documents.  He also explained that meetings had been held with parishes, a you tube video produced, and a further video may be produced to explain the interactive consultation process which had been extended to 8 weeks.

The Planning Policy Manager gave a detailed update on the process involved. 

Under standing order 34 Councillor de Whalley addressed the Cabinet and expressed disappointment that the suggestion the Task Group had made on renewable energy would not be enforceable one new building regs were introduced. He expressed concerns about allocations in some high flood risk  areas.  It was confirmed that flood risk had been taken into account.

Under standing order 34 Councillor Rust address Cabinet and expressed concern about development in areas of flood risk and the different types of flooding.  It was confirmed this had been taken into account.

Under standing order 34 Councillor Moriarty addressed Cabinet content with the consultation period proposed, he also referred to the mineral extraction plans for the Borough and the effect on residents.  The County Council’s authority over mineral extraction was drawn attention to also the additional policy to protect the AONBs.

Under standing order 34 Councillor Parish referred to the well managed and enjoyable work of the Local Plan Task Group. He asked that 3^rd party comment be accepted.

The Chair welcomed the additional work completed around climate change and AONBs, and acknowledged to volume of work undertaken to reach this point.

RECOMMENDED:  1)       The Council approves the draft Local Plan Review for pre-submission consultation.

2)       Following that consultation the Council agrees to submit the Local Plan Review.

3)       That the final pre-submission version of the document and methods of public consultation be agreed by the Executive Director Planning and Environment in consultation with the Portfolio Holder for Planning and Development.

4)       The Council notes the updated Local Development Scheme timetable.

Reason for Decision

To consult on a draft Local Plan Review, and ensure an efficient process is used to gauge public opinion.

RESOLVED:              1)         That the Norfolk Green Infrastructure (GI) and Recreational impact Avoidance and Mitigation Strategy (RAMS) be approved to assist in the implementation of the existing adopted Local Plan and to support the current Local Plan Review.

2)         That delegated authority be granted for implementation of the GIRAMS to the Executive Director, Development Services in consultation with the Portfolio Holder - Development.

Reason for Decision

To support the Local Plan process and meet our statutory requirements in respect of the Habitat Regulations

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Cabinet considered a report which explained that there was a need to provide a strategy to manage the potential impacts of recreational visitors to designated Natura 2000 wildlife sites. The document had been prepared by a cross norfolk group anticipated to be adopted across the board.  It was noted that unless the authority had agreed such a document it was unlikely that the local plan document would be successful as Natural England would likely object to the Plan.  The proposal was to have a per dwelling tariff which would be used across the county to tackle the wider impact on wildlife sites across the county.

Under standing order 34 Councillor Parish address cabinet and welcomed the increase in tariff and questioned whether the funding would be available for sites other than internationally recognised sited.  It was confirmed it would be.

Cabinet members welcomed the proposal which built on the earlier scheme, and looked forward to agreement across the county.

RESOLVED:               1)         That the Norfolk Green Infrastructure (GI) and Recreational impact Avoidance and Mitigation Strategy (RAMS) be approved to assist in the implementation of the existing adopted Local Plan and to support the current Local Plan Review.

2)         That delegated authority be granted for implementation of the GIRAMS to the Executive Director, Development Services in consultation with the Portfolio Holder - Development.

Reason for Decision

To support the Local Plan process and meet our statutory requirements in respect of the Habitat Regulations

RESOLVED:            1)         That development does not proceed on the eastern part of the site and that the new road bridge as proposed in the planning application is not constructed

2)           That a new or amended planning application be submitted for the development in accordance with the 2016 Local Plan policy E1.6 Allocation (Kings Lynn south of Parkway) site only.

3)           That the Council seek to re-negotiate the Business Rates Pool funding of £2 million to promote active travel and deliver enhanced cycle and footpath access between Fairstead, Hardwick and the Town Centre

4)            That officers enter into discussions to recast the Town Deal submission to reflect wider connectivity issues within the town and promote active travel.

Reason for Decision

Given that the overall scheme can no longer deliver the benefits originally envisaged it is appropriate that we reconsider the Council’s position.  The addition of the words “or amended” reflect the fact that the permission has not yet been issued so the existing scheme could be amended.

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Cabinet considered a report which explained that following the change in leadership at the Council, officers had been instructed to review this project against the original objectives behind the scheme.  It was noted that the report was not about the viability of the scheme at this stage, but a decision on a course of action to be taken. It was noted that the proposal was not to develop the east of the site, or the road bridge.

Under standing order 34 Councillor Squire asked if it was an opportunity to turn the Eastern site into a wildlife site.  It was confirmed that this was not a stage for consideration of that proposal. 

Under standing order 34 Councillor de Whalley thanked members for reconsidering the proposal and suggested some best practice guidelines for walking and cycling routes.  He also suggested that the iron bridge on the Hardwick estate was in need of replacement.  It was confirmed that an element of the Towns Fund was being looked at for the replacement of the bridge and discussions were being held with government on the proposals.  It was noted that the focus would be on the next stage of getting the funding.

Under standing order 34 Councillor Rust asked if the traffic congestion in Gaywood would now be looked at, to which it was confirmed it would.

Under standing order 34 councillor Ryves asked for financial information which it was confirmed would not be under consideration at this stage.

In considering the recommendations it was suggested that recommendation 2 include the words “or amended” as it was possible to amend the existing scheme.  This was agreed.

RESOLVED:           1)       That development does not proceed on the eastern part of the site and that the new road bridge as proposed in the planning application is not constructed

2)              That a new or amended planning application be submitted for the development in accordance with the 2016 Local Plan policy E1.6 Allocation (Kings Lynn south of Parkway) site only.

3)              That the Council seek to re-negotiate the Business Rates Pool funding of £2 million to promote active travel and deliver enhanced cycle and footpath access between Fairstead, Hardwick and the Town Centre

4)              That officers enter into discussions to recast the Town Deal submission to reflect wider connectivity issues within the town and promote active travel.

Reason for Decision

Given that the overall scheme can no longer deliver the benefits originally envisaged it is appropriate that we reconsider the Council’s position.  The addition of the words “or amended” reflect the fact that the permission has not yet been issued so the existing scheme could be amended.

RESOLVED:   1)         That delegated authority be granted to the Assistant Director for Housing, Regeneration and Place in consultation with the Portfolio holder for Development and Regeneration to commission a masterplan for the Southgate Regeneration Area as set out in section 2 of the report.

2)               That delegated authority be granted to Assistant Director for Housing, Regeneration and Place in consultation with the Portfolio holder Development and Regeneration  to complete the necessary procurement, permissions and legal requirements for the works detailed in section 2 & 3 of the report

Reason for Decision

To guide the future regeneration of this gateway site to King’s Lynn’s town centre in line with the aims and objectives the Heritage Action Zone and the corporate business plan objective to ‘promote the borough as a vibrant place in which to live, to do business and as a leading visitor and cultural destination.

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Cabinet considered a report which detailed the proposed masterplanning and initial site clearance of land and buildings at the Southgate Regeneration area, as part of the King’s Lynn Heritage Action Zone programme. The purpose of the masterplan was to develop a clear vision and design principles, setting out the potential built form and uses for sites at the prominent and important gateway to the town centre around the South Gate. Using funding secured through the Norfolk Business Rates Pool, the masterplan would build on work completed to date as part of the Heritage Action Zone to establish a framework and strategy to secure investment and funding for the future redevelopment of the brownfield sites, while maximising the valuable historic assets of the area.

The scope of this project comprised two elements;

·        Masterplanning – including any further site investigations and surveys to further assess the preferred site masterplan, viability and delivery mechanism for the scheme.

·        Site clearance of key sites that had a detrimental impact on the gateway to the town centre prior to any future redevelopment.

Councillor Blunt referred to the comments from the Regeneration Panel where they had requested no removal of car parking outside the shops on London Road.  It was confirmed that this was not the proposal.

Under standing order 34 Councillor Rust was pleased that the potential threat to the London Road traders was removed.

Under standing order 34 Councillor Nockolds drew attention to the work of the HAZ Board and encouraged Cabinet to continue to involve the Board in this work.  It was confirmed that this would be important and that there would be a consultation document as part of the plan.

Cabinet discussed the issue of the traffic continuing to pass through the gates, it was noted the plan would look at all options and at all areas of land within the plan in order to make it an area to be proud of.  It was also noted that the HAZ Board would be consulted.

RESOLVED:   1)         That delegated authority be granted to the Assistant Director for Housing, Regeneration and Place in consultation with the Portfolio holder for Development and Regeneration to commission a masterplan for the Southgate Regeneration Area as set out in section 2 of the report.

2)               That delegated authority be granted to Assistant Director for Housing, Regeneration and Place in consultation with the Portfolio holder Development and Regeneration  to complete the necessary procurement, permissions and legal requirements for the works detailed in section 2 & 3 of the report

Reason for Decision

To guide the future regeneration of this gateway site to King’s Lynn’s town centre in line with the aims and objectives the Heritage Action Zone and the corporate business plan objective to ‘promote the borough as a vibrant place in which to live, to do business and as a leading visitor and cultural destination.

RECOMMENDED:      That the changes made to the anti-fraud and anti-corruption strategy be agreed and recommended for adoption of the new Anti-Fraud and Anti-Corruption Policy documents.

Reason for Decision

To bring the documents up-to-date with the Council’s current requirements and ensure they are fit for purpose.

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Cabinet noted that the ‘Anti-Fraud and Anti-Corruption Strategy’, ‘and ‘Fraud Response Plan’ were last reviewed in 2016/17 and were therefore due for the 3-year review.  The documents had been reviewed and the results had been presented to the Audit Committee who agreed to approve the new Anti-Fraud and Anti-Corruption Policy at its meeting on 17 December 2020 and to recommend to Cabinet and Council for approval and adoption.  It was now before Cabinet for approval.

In response to questions from Cabinet members it was confirmed that if new significant new threats emerged the document would be reviewed.  Cabinet was informed that recent work under the umbrella of this policy was the extensive review of grants to businesses where access to national tools for data matching enabled the detection of fraud.

RECOMMENDED:      That the changes made to the anti-fraud and anti-corruption strategy be agreed and recommended for adoption of the new Anti-Fraud and Anti-Corruption Policy documents.

Reason for Decision

To bring the documents up-to-date with the Council’s current requirements and ensure they are fit for purpose.

RESOLVED:            1)         That the procedures detailed within the report be agreed.

2)         That the fee structure be included within the existing Caravan Site Licensing Fees Policy

Reason for Decision

To ensure enforcement of statutory Regulations in accordance with extant legislation and attached report and to clarify the procedures adopted therein.

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Cabinet was informed that the Mobile Homes (Requirements for Managers of Site to be Fit and Proper) (England) Regulations 2020. Statutory Instrument No.1034 made 23^rd September 2020 had been enacted.

This legislation placed a statutory duty on local authorities to undertake assessments of those nominated site managers in order to ensure that they were fit and proper and that sufficient procedures and resources were available for the adequate management and maintenance of the residential caravan site. Where managers were approved their details would be entered onto a public register, as within the caravan site licensing regime.

Under standing order 34 Councillor Moriarty asked for a wide application of the regime, and also if members could have a role in any appeals process.  It was confirmed the sites affected came under the Mobile Homes Act so no additional sites could be added except those.  The appeals process involved going to a first tier tribunal, so it was not possible to include a members role in any appeal.  It was confirmed that an exception was for a single family unit or a local authority run site.

In response to a question about lodge sites it was explained that a site had to come under the Act to be affected.  Members also welcomed the fact that there would be a responsible person on each of the sites.

RESOLVED:           1)       That the procedures detailed within the report be agreed.

2)       That the fee structure be included within the existing Caravan Site Licensing Fees Policy

Reason for Decision

To ensure enforcement of statutory Regulations in accordance with extant legislation and attached report and to clarify the procedures adopted therein.

RESOLVED:1)         That officers be instructed to seek membership from Group Leaders for the CIL Spending Panel and Major Projects Board for 2021/22.  Councillor Dickinson to be included as the additional Cabinet Member on the Major Projects Board.

2)            That officers be instructed to seek the membership from Group Leaders for the Local Plan Task Group for 2021/22.

3)    That the Membership of the following bodies for 2021/22 be agreed as follows:         

Joint Safety and Welfare Committee – Councillors S Dark, P Kunes and D Tyler

Joint Employee Committee – Councillors R Blunt, I Devereux, P Kunes, G Middleton and S Dark.

Reason for Decision

To allow the business of the Council to continue into 2021/22.

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Cabinet was invited to agree to arrange for the appointment of members to serve on the CIL Spending Panel, Members Major Projects Board, Local Plan Task Group; and agree the membership of Joint Safety and Welfare Committee and Joint Employee Committee for 2021/22.

RESOLVED:1)       That officers be instructed to seek membership from Group Leaders for the CIL Spending Panel and Major Projects Board for 2021/22.  Councillor Dickinson to be included as the additional Cabinet Member on the Major Projects Board.

2)              That officers be instructed to seek the membership from Group Leaders for the Local Plan Task Group for 2021/22.

3)    That the Membership of the following bodies for 2021/22 be agreed as follows:  

Joint Safety and Welfare Committee – Councillors S Dark, P Kunes and D Tyler

Joint Employee Committee – Councillors R Blunt, I Devereux, P Kunes, G Middleton and S Dark.

Reason for Decision

To allow the business of the Council to continue into 2021/22.

RESOLVED:            1)        That the Cabinet appoints representatives to serve in an Executive capacity on the outside bodies and partnerships requiring appointment in the Appendix attached, which includes the deletion of Alive Leisure Trust and Coastshare Ltd.

2)         That the appointment of an Executive member to West Norfolk Community Transport be considered when the appointment comes up at Council.

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

4)        To note that all other appointments to outside bodies will be made at the Council meeting on 8^th July 2021.

Reason for decision

To ensure continued involvement in the community by the Council and to take on board the suggestion from Councillor Moriarty that the WNCT be an Executive appointment.

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Cabinet was invited to make nominations for Executive appointments to serve on outside bodies and partnerships for 2021/2022.

Under standing order 34 Councillor Moriarty suggested that Cabinet should appoint to the West Norfolk Community Transport which was currently a scrutiny appointment.

Councillor Long informed members that the Alive Trust no longer requested a representative.  He also suggested that no nominations be made to Coastshare as no contact had been received from them.  He also informed members he was no longer the Chair of the Norfolk Coast Partnership, Councillor Dark was added as the representative with Councillor Long as the sub.  These changes were agreed.

With regard to the North Lynn Discovery Centre Board, Councillor Middleton explained that he and the Chief Executive would only remain as members until the final elements of the Trust had been wound up, as the Discovery Centre was now a Freebridge concern.  All the old trusts debts had been paid and the money remaining would be put into local projects.

RESOLVED:           1)       That the Cabinet appoints representatives to serve in an Executive capacity on the outside bodies and partnerships requiring appointment in the Appendix attached, which includes the deletion of Alive Leisure Trust and Coastshare Ltd.

2)       That the appointment of an Executive member to West Norfolk Community Transport be considered when the appointment comes up at Council.

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

4)       To note that all other appointments to outside bodies will be made at the Council meeting on 8^th July 2021.

Reason for decision

To ensure continued involvement in the community by the Council and to take on board the suggestion from Councillor Moriarty that the WNCT be an Executive appointment.