Agenda, decisions and minutes

To approve the Minutes of the Meetings held on 11 April and  8 June 2022  (previously circulated).

RESOLVED:  The Minutes of the meetings held on 11 April and 8 June 2022 were agreed as a correct record and signed by the Chair.

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RESOLVED:  The Minutes of the meetings held on 11 April and 8 June 2022 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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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.

Councillor J Moriarty attended under standing order 34 for items 10 and 11.

Councillor J Moriarty attended under standing order 34 for items CAB16, 17 and 21.

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.

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To receive any Chair’s correspondence.

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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.

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The forward decision list was noted with the movement of Procurement Strategy to later in 2023.

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

Environment and Community Panel Meeting - 22 March 2022

EC74: Support In Safe Accommodation For Norfolk 2021/2024

Cabinet had received minute extracts from the meetings of panels considering cabinet reports as follows

Environment and Community Panel Meeting - 22 March 2022

EC74: Support In Safe Accommodation For Norfolk 2021/2024  - the Panel supported the recommendations.

Regeneration And Development Panel Meeting - 14 June 2022

RD15: Cabinet Report – Local Development Scheme – the Panel supported the recommendations.

Corporate Performance Panel Meeting– 16 June 2022

CP14  Cabinet Report – Resourcing development Management

CP15  Cabinet Report – Planning Scheme of Delegation

The Panel supported the recommendations in the reports.

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Cabinet had received minute extracts from the meetings of panels considering cabinet reports as follows

Environment and Community Panel Meeting - 22 March 2022

EC74: Support In Safe Accommodation For Norfolk 2021/2024  - the Panel supported the recommendations.

Regeneration And Development Panel Meeting - 14 June 2022

RD15: Cabinet Report – Local Development Scheme – the Panel supported the recommendations.

Corporate Performance Panel Meeting– 16 June 2022

CP14  Cabinet Report – Resourcing development Management

CP15  Cabinet Report – Planning Scheme of Delegation

The Panel supported the recommendations in the reports.

RESOLVED:  1)         That the attached revised policy, produced from scratch following the last IPCO inspection to reflect the comments of the inspector, and through consultation with a professional training and policy development provider be agreed.

2)    That as per section 5.2 of the policy the Council will report its use, or non-use of these powers to the Corporate Performance Panel in line with the guidance provided by IPCO to enable members to determine the effectiveness of the RIPA policy each year.

3)    That any minor amendments (such as formatting, layout, amendments to Appendix A roles and officers assigned to roles) to be a delegated decision with liaison with a member / portfolio holder as decided by this Cabinet.

4)    That any relevant or serious errors highlighted contrary to this policy MUST be reported to IPCO and furthermore it is recommended any such occurrences are fed into the Annual Governance Statement.

5)    That delegated Authority is granted to the Assistant Director for Legal Services in consultation with the Leader to make any amendments to the policy as recommended by IPCO.

6)    That training be carried out for officers and members on the subject.

Reason for Decision

To ensure compliance with current legislation, to replace the previous policy which has become out of date and does not provide sufficient or up to date information / details to officers or members of the public on the full requirements for RIPA and Non-RIPA

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Cabinet considered a report which explained that the Council was governed by the Regulation of Investigatory Powers Act, Human Rights Act, Protection of Freedom Act, Data Protection Act/GDPR, and Investigatory Powers Act in respect of surveillance and other related activities.  The Council was inspected on these matters (usually every 3 years) and were last inspected on Friday 17^th December 2021 by IPCO (the Investigatory Powers Commissioner’s Office).

It was noted that even if the Council did not use the powers available, it must ensure its policies and procedures were fit for purpose and robust to assist in remaining compliant with the legislation, and furthermore enable the council to demonstrate this to IPCO.

Some further areas for inclusion within the policy were highlighted by IPCO during the inspection, a consultation process had been undertaken with a professional trainer and policy development provider to produce a fresh RIPA policy, and Internet and Social Media Research Code of Practice, as well as a robust set of procedures and guidance materials to sit behind the policy (these procedures were in the process of being finalised as part of the consultation process).

The current policy did not include:

·         Surveillance outside of RIPA (Non-RIPA), this was usually where crime thresholds for RIPA purposes are not met.

·         Details in respect of the recording, retaining and destruction of materials (private information).

Training would be provided to key members of staff identified as holding roles under this policy, as well as training to be delivered to staff  identified as having the potential to undertake activities referred to under this policy and its procedures.

There was a need to reference this policy in other policies, including the Corporate Records & Retention Policy, The Disciplinary procedures and the attached new Internet and Social Media Investigations and Research Code of Practice.

In debating the item Cabinet members asked that training on the subject also be provided for members.  This was agreed.

RESOLVED:  1)         That the attached revised policy, produced from scratch following the last IPCO inspection to reflect the comments of the inspector, and through consultation with a professional training and policy development provider be agreed.

2)    That as per section 5.2 of the policy the Council will report its use, or non-use of these powers to the Corporate Performance Panel in line with the guidance provided by IPCO to enable members to determine the effectiveness of the RIPA policy each year.

3)    That any minor amendments (such as formatting, layout, amendments to Appendix A roles and officers assigned to roles) to be a delegated decision with liaison with a member / portfolio holder as decided by this Cabinet.

4)    That any relevant or serious errors highlighted contrary to this policy MUST be reported to IPCO and furthermore it is recommended any such occurrences are fed into the Annual Governance Statement.

5)    That delegated Authority is granted to the Assistant Director for Legal Services in consultation with the Leader to  ...  view the full minutes text for item CAB15

RESOLVED:            1)         That the recruitment of the following new posts be approved:

·           1 x Principal Planner

·           6 x Planning Officers

·           1 x System and Performance officer

·           1 x Ecologist

·           1 x Cil Officer

·           1 x Technical Support Team Leader

·           1 x Technical Support Officer

·           1 x Arboricultural assistant/officer

·           1 x Enforcement Officer

·           1 x Enforcement Support Officer

2)    That the planning fee income in the budget be increased from £1.1 million to £2 million to more accurately reflect the income received over the past 3 years and the increase in planning fees set out in the Levelling up and Regeneration Bill.

Reason for Decision

To provide sufficient capacity and expertise to enable the DM team to respond to the number and complexity of planning applications and to provide sufficient resilience within the team; and

To enable planning applications to be determined more speedily and to achieve the performance measures that will be outlined in the Bill

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Cabinet considered a report which explained that in order to increase capacity within the Development Management team to reflect increased workloads and the need to provide an acceptable level of service to those engaged in the planning process.  The structure will also respond to the changes put forward in the Levelling up and Regeneration Bill in respect of planning and in particular the need to improve speed and quality of decision making.

The Corporate Performance Panel had considered the item and supported the recommendations.

Under standing order 34 Councillor Moriarty presented the recommendations from the Panel and informed Members that he welcomed the recommendations.

In debating the recommendations Cabinet recognised the workloads currently on staff, and the need to assist with those levels and provide an enhanced service to the customers.  It was also noted that there were new requirements on planning departments recently introduced by the government which would require some of the posts proposed.

The Leader reassured staff that this proposal was not a criticism of the hard work carried out by the existing staff.

RESOLVED:            1)         That the recruitment of the following new posts be approved:

·           1 x Principal Planner

·           6 x Planning Officers

·           1 x System and Performance officer

·           1 x Ecologist

·           1 x Cil Officer

·           1 x Technical Support Team Leader

·           1 x Technical Support Officer

·           1 x Arboricultural assistant/officer

·           1 x Enforcement Officer

·           1 x Enforcement Support Officer

2)    That the planning fee income in the budget be increased from £1.1 million to £2 million to more accurately reflect the income received over the past 3 years and the increase in planning fees set out in the Levelling up and Regeneration Bill.

Reason for Decision

To provide sufficient capacity and expertise to enable the DM team to respond to the number and complexity of planning applications and to provide sufficient resilience within the team; and

To enable planning applications to be determined more speedily and to achieve the performance measures that will be outlined in the Bill

RECOMMENDED:     1)         That the scheme of delegation be amended as set out in the report, and as attached to the report.

2)         That the operation of the scheme be reviewed in summer 2023, to assess the impact of the changes.

Reason for Decision

To ensure the scheme of delegation provides that balance between taking planning decisions under officer delegated powers and taking decisions at planning committee, and that is allows for an efficient and effective service for all customers

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Cabinet considered a report which proposed amendments to the current planning scheme of delegation. The scheme of delegation included the councillor call-in and sifting panel process. It was proposed to amend the scheme of delegation so councillors could have extra time to call-in an application to committee, and parish councils could also have their comments considered by sifting panel, in relation to re-consultation of amended/revised development proposals.

Other changes were also proposed, to bring the scheme more up to date, to clarify particular issues and to bring it into line with other policy/guidance.

The sifting panel was proposed to remain, as a key part of the process.

Under standing order 34 Councillor Moriarty presented the Corporate Performance Panels recommendation in support of the report.  Councillor Moriarty also requested that the sifting panel’s agenda be published in advance of the meeting.

In debating the content of the report Cabinet made reference to the fact that the sifting panel assisted in ensuring that large numbers of items didn’t have to go the full committee when there was not sufficient reasoning for them to do so. 

With regard to points raised at the Panel regarding Members’ and officers’ applications, clarification was given that existing councillors and officers applications were put to the full Committee, former councillors and those working in the industry were not, but they were monitored through such things as the audit route.  Further training for parish councils was also suggested to ensure that changes to legislation etc was imparted to them.  It was confirmed that this was planned.

The points raised regarding transparency were noted.

RECOMMENDED:     1)         That the scheme of delegation be amended as set out in the report, and as attached to the report.

2)         That the operation of the scheme be reviewed in summer 2023, to assess the impact of the changes.

Reason for Decision

To ensure the scheme of delegation provides that balance between taking planning decisions under officer delegated powers and taking decisions at planning committee, and that is allows for an efficient and effective service for all customers

RESOLVED:That the revised Local Development Scheme as set out in Appendix 1 to the report to come into effect from the 21 June 2022 be approved.

Reason for Decision

It is a legal requirement that local plans are prepared in accordance with the Local Development Scheme. The Inspectors for the Local Plan Review have requested an up-to-date Local Development Scheme which shows the correct submission date and corresponding changes to the timing of the Examination, receipt of Inspectors Report and adoption of the Plan.

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Cabinet considered the report which sought Cabinet approval of an up-to-date Local Development Scheme which accurately reflected the preparation stages of the Local Plan Review that had taken place and the anticipated examination and adoption timescales of the Local Plan.

It was noted that the Regeneration and Development Panel had supported the recommendations.

RESOLVED:That the revised Local Development Scheme as set out in Appendix 1 to the report to come into effect from the 21 June 2022 be approved.

Reason for Decision

It is a legal requirement that local plans are prepared in accordance with the Local Development Scheme. The Inspectors for the Local Plan Review have requested an up-to-date Local Development Scheme which shows the correct submission date and corresponding changes to the timing of the Examination, receipt of Inspectors Report and adoption of the Plan.

RESOLVED:  To  Norfolk County Councils Safe in Accommodation Strategy for Norfolk 2021-2024 be endorsed and the requirements of the Domestic Abuse Bill, 2021 be noted.

Reason for Decision

Endorsement of the Strategy by the Councils Cabinet is necessary as it will inform the Councils Homelessness & Rough Sleeper Strategy 2019-2024 and approaches to wider areas of work in relation to Domestic Abuse.  It will also ensure that the  Council is fulfilling its role in supporting victim-survivors of domestic abuse.

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Cabinet was informed that in December 2021 Norfolk County Council considered and adopted the Safe in Accommodation Strategy for Norfolk 2021-2024 in accordance with Part 4, Domestic Abuse Act 2021. The report updated members on the requirements of The Domestic Abuse Act 2021, the recently adopted Norfolk County Council Safe in Accommodation Strategy and sought Cabinet endorsement of the strategy.

It was noted that the Environment and Community Panel had supported the recommendations.

Cabinet endorsed the report and was conscious that during the pandemic and also during times of additional financial burden the numbers of cases did rise.  It agreed to keep the Strategy, housing need and its funding under review.

RESOLVED:  To  Norfolk County Councils Safe in Accommodation Strategy for Norfolk 2021-2024 be endorsed and the requirements of the Domestic Abuse Bill, 2021 be noted.

Reason for Decision

Endorsement of the Strategy by the Councils Cabinet is necessary as it will inform the Councils Homelessness & Rough Sleeper Strategy 2019-2024 and approaches to wider areas of work in relation to Domestic Abuse.  It will also ensure that the  Council is fulfilling its role in supporting victim-survivors of domestic abuse.

RESOLVED: That the item be deferred to the next ordinary meeting of Cabinet.

Reason for Decision

To give suitable time to consider all the items on the agenda.

RESOLVED: That the item be deferred to the next ordinary meeting of Cabinet.

Reason for Decision

To give suitable time to consider all the items on the agenda.

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.

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

3)        To note that all other appointments to Outside Bodies will be made at the Council meeting on 14^th July 2022.

Reason for decision

To ensure continued involvement in the community by the Council.

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Cabinet was invited to nominate representatives for Executive appointments to serve on outside bodies and partnerships for 2022/2023.

A table of proposed nominees had been published, on which a further amendment of Councillor Blunt replacing Councillor Middleton on the HAZ Board was agreed.

Under standing order 34 Councillor Moriarty drew attention to the reporting by members on the outside bodies.  He also raised the issue of rural tourism in relation to the Tourism Forum.  Councillor Middleton confirmed he had raised the issue elsewhere.

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.

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

3)        To note that all other appointments to Outside Bodies will be made at the Council meeting on 14^th July 2022.

Reason for decision

To ensure continued involvement in the community by the Council.

RESOLVED:            1)         That officers be instructed to seek membership from Group Leaders for the Cabinet Committees and Task Groups for 2022/23.

2)         That the Membership of the Joint Safety and Welfare Committee and Joint Employee Committee for 2022/23 remain as the previous year.

Reason for Decision

To allow the business of the Council to continue into 2022/23.

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Cabinet was invited to consider the reappointments to Cabinet bodies for the coming municipal year.

RESOLVED:            1)         That officers be instructed to seek membership from Group Leaders for the Cabinet Committees and Task Groups for 2022/23.

2)         That the Membership of the Joint Safety and Welfare Committee and Joint Employee Committee for 2022/23 remain as the previous year.

Reason for Decision

To allow the business of the Council to continue into 2022/23.