Agenda and minutes

Apologies for absence were received from Councillor J Moriarty, Alexa Baker – Monitoring Officer and Jemma Curtis – Regenerations Programmes Manager.

To approve the minutes from the Corporate Performance Panel held on 21 June 2023.

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The minutes of the meeting held on 21 June 2023 were agreed as a correct record and signed by the Chair, subject to Councillor Morley being added to the list of attendees.

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 any item or simply observing the meeting from the public seating area.

There were no declarations of interest.

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

There was no urgent business.

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

Councillor P Beal for CP29 – Update on Hunstanton Promenade Waste Water.

Councillor R Colwell for CP28– Bathing Water Quality at Heacham and Hunstanton.

Councillor C Joyce – All items.

There was no Chair’s correspondence.

There were no call-ins.

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Ruth Royale, Norfolk County Council gave a presentation (copy attached to the Agenda) and responded to questions and comments in relation to:

·             Skills and need to address the issues.

·             Work with partners.

·             Specific skills training for those not currently in employment.

·             Potential to roll out the project to a wider area.

·             Future funding streams to continue the project.

·             NEET not fitting current criteria – it was confirmed a list was now available.

·             Borough Council worked closely with the project and offered opportunities where applicable.

·             Long term impact of the project.

The Panel was invited to invited to provide feedback to Ruth on potential organisations the project could contact and engage with.

The data setting out the breakdown of the 3 cohorts to be circulated to the Panel.

A list of the partners working with the project to be circulated to the Panel.

The Chair thanked Ruth for the informative and interesting presentation.

RESOLVED: That the content of the presentation be noted.

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The Assistant Director, Operational and Commercial Services presented the report and 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 Panel was informed that the Council was inspected on these matters (usually every 3 years) by the Investigatory Powers Commissioner’s Office (IPCO).  IPCO was required by law to gather statistical data from all public authorities on their use of Investigatory Powers available to them under the relevant legislation, including:

·             Investigatory Powers Act 2016 (IPA).

·             Regulation of Investigatory Powers Act 2000 (RIPA).

·             Regulation of Investigatory Powers (Scotland) Act 2000 (RPSA); and

·             Police Act 1966 (PA).

The Assistant Director, Operational and Commercial Services explained that attached to the report was the annual statistics return reported to IPCO for the period 1 January 2022 to 31 December 2022.  It was highlighted that there were no reports in 2022.

The Chair thanked the Assistant Director for the annual report.

RESOLVED:  The Panel noted the update on the recorded use of RIPA powers for the period 1 January 2022 to 31 December 2022 as reported to IPCO.

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The Assistant Director, Operations and Commercial Services explained that Panel had asked for an agenda item seeking a position statement on the current Bathing Water Classifications for the beaches in West Norfolk, and an update on the actions that had been taken by members/officers specifically around the ‘Poor’ classification of the beach at Heacham and the resultant guidance to visitors that bathing was not advised.

Members were informed that the bathing season ran from May to September, whilst the formal classification would not be known until the spring when all of the seasonal sampling will have been completed allowing Members the opportunity to review the bacteriological results for the 2023 season in comparison to those taken in previous years.   It was highlighted that water quality was regularly checked during the season.

It was noted that the beaches at Heacham, Hunstanton Main and Old Hunstanton were designated bathing breaches within West Norfolk, they were 3 of 424 designated bathing waters:

The Panel was informed that the pollution risk forecasts did not include notifications of storm overflow operations as a method to consistently assess the impact of spills to bathing waters had not yet been developed.  Water companies each had their own system to inform bathers when their storm overflows operated, which provided additional information on water quality for the public.

The Assistant Director, Operations and Commercial Services advised that in West Norfolk, the daily Pollution Risk Forecast was received by the Resort Operations Team and the Borough’s CCTV Control Room.  Should an ‘advice against bathing’ be issued for that day  the duty CCTV Operator would trigger an update of the electronic signs at Heacham (North and South Beaches) and in Hunstanton (on The Green and by the Beach Patrol Station on the promenade).

The Chair invited Councillor Squire, Portfolio Holder for Environment to address the Panel.  The Portfolio Holder advised that she had attending a recent tour of the treatment works at Heacham.  Work had been ongoing over a number of years with the Environment Agency, Anglian Water and other partners including the Borough Council.  The Portfolio Holder explained that she was a member of the LGA Water Quality Group and added that she was pleased with the water quality and welcomed the continuation of work.

The Leader, Councillor Parish provided an overview of the two Ward Councillors involvement over the past 7 years and that recently the Environment Agency had additional funding to carry out further testing to move towards identifying the problem.

Under Standing Order 34, Councillor Colwell address the Panel and informed those present that he had also participated in the recent tour to Heacham Treatment Works.  Reference was made to the AWA Management would be available in 2025 and added that he hoped West Norfolk would  be allocated sufficient funding to look at the coastline and make improvements.  Councillor Colwell also stated that it was not acceptable for the bathing water quality not  ...  view the full minutes text for item CP28

To receive an update from the Assistant Director and Property Services Manager.

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This item was taken first on the Agenda.

In presenting the report, the Assistant Director, Property and Projects explained that a joint report between the Waste Recycling Manager and the Assistant Director Property and Projects was submitted to the Corporate Performance Panel (CPP) at its meeting on 8 November 2021. The report, Waste Issues Hunstanton Promenade, outlined general waste issues in Hunstanton and how the Council dealt with those issues operationally.

The Panel was informed that a number of updates had been provided to CPP in respect of the kiosk tenants and their approaches to dealing with their waste. It was noted that at CPP on 27 February 2023 a further query was raised about the tenants’ waste collection contractors holding the appropriate Waste Management licences and that the proper waste documentation was being provided during the waste collection process.

The Assistant Director, Property and Projects advised that further contact had been made with the Council’s kiosk tenants and subsequently further background investigations had been undertaken in respect of the rules and regulations relating to Trade Waste and wastewater disposal from commercial premises, including discussions with the Borough Council’s Environmental Health Manager (Commercial) and the Waste and Recycling Manager.

Members were informed that the attached report detailed the information gathered from each kiosk holder in respect of how they disposed of their waste and identified the outstanding issues. It was noted that the current lease arrangements made it clear that the tenants had a duty of care to ensure that waste was disposed of responsibly.

The Panel’s was attention was drawn to the key issues set out in the report.

The Assistant Director, Property and Projects outlined the steps as set out in Section 4 of the report.

Under Standing Order 34, Councillor Beal addressed the Panel and thanked the Assistant Director, Property and Projects for the report which had been an ongoing issue over the past 4 years. 

In response to questions from Councillor Beal on the weekly cleaning of the ice cream machines based in the kiosks, the Assistant Director explained  that the information was set out on pages 163 and 164 of the Agenda.  It had been confirmed that the waste water from the ice cream machines had no effect on the water quality.

The Portfolio Holder for Property and Corporate Services addressed the Panel and informed Members that he had undertaken a site visit recently and could see where the concerns were.  Councillor Anota outlined the work being undertaken by the Property Services Team.

Councillor Long commented that all businesses required a waste trade notice to move waste.  Councillor Long welcomed the work being undertaken by the service areas within the Council.  In response, the Assistant Director explained that there was further work to be done with the tenants.

The Chair thanked the Assistant Director for the report and the work which would be ongoing. 

It was agreed by the Panel that this item  ...  view the full minutes text for item CP29

To receive feedback from the Chair.

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The Chair, Councillor Dark informed the Panel that a letter had been sent to Hunstanton Sailing Club but no response had been received and therefore it was proposed to defer the item to the next meeting which was agreed by the Panel.

RESOLVED:  That the item be deferred to the next meeting.

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In presenting the report, the Revenues and Benefits Manager explained that the Council operated a scheme to help working age people on low incomes with the cost of their council tax by reducing their council tax bill.  This was known as the Council Tax Support (CTS) scheme.  It was explained that there was a national set of regulations for a CTS scheme for customers who had reached pension age, but the Council were free to decide the rules for its own CTS schemes for working age people in the area, taking into account some government requirements.  The Panel was advised that the report only referred to the Borough Council’s CTS Scheme for working age people.

Members were advised that the Council must review and agree its CTS scheme for its working age residents for each financial year and there was a process to follow when deciding its CTS scheme.  It was noted that the Council must first consult with Norfolk County Council and the Police and Crime Commissioner for Norfolk as they are affected by the Council’s scheme.  The Revenues and Benefits Manager explained that Cabinet must then decide on a set of draft rules for the Council’s working age CTS scheme which were then open for public consultation for six weeks.  Once the consultation closed the Council must review the responses and full Councill must agree a final CTS scheme by March 2024, taking into account any comments made as part of the consultation.  Reports were then taken to the Corporate Performance Panel and to Cabinet as appropriate as part of the process.

The options for the proposed draft CTS scheme for working age people for 2024/2025 were detailed in section 2.

The Chair invited the Portfolio Holder, Finance to address the Panel.

Councillor Morley commented that at least for the last 2 years Councillors had been trying to persuade the Council to give 100% support to those who needed it.  This was time for the Administration to deliver the support.  Councillor Morley supported the report and the Council moving towards 100% support and would welcome the endorsement from the majority of Members of Corporate Performance Panel.

Councillor Long added that it was not a surprise that the new Administration was coming forward with a 100% Council Tax Support Scheme as it had been said over a number of years they wanted to see a 100% scheme.  His opinion had not changed and he still believed that everybody should pay their share of local services and delivery to offer a scheme where anybody over national  pension age who would qualify and other protected groups had been 100% protected. Councillor Long commented that it was the other groups that didn’t fit into the criteria where there had been an increase over the past 75% up to 84% received a 16% council tax bill and that in his opinion was fair and equitable.  In conclusion, Councillor Long outlined the  ...  view the full minutes text for item CP31

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The Financial Services Manager explained that the attached report would be presented to Cabinet on 1 August 2023.  The report set out in summary the revenue outturn for 2022/2023 for the Council.  The Panel was informed that the report showed details of the major differences between actual costs/income compared to the revised estimates for 2022/2023 reported in the January 2023 financial monitoring.

The key issues set out in the report were outlined. 

Councillor Long congratulated the Finance Team on the budget process identifying additional money to be transferred to reserves which was welcomed to be utilised in the best possible way to benefit the residents of West Norfolk.

Councillor Lintern stated that it was great to have services come in under budget, but added what was the use money in reserves where many services were not fulfilled and referred to issues, particularly fly-tipping.  The Council should therefore not be congratulated when the services were not as good as they should be.

Councillor Long provided an overview of the very efficient and prompt time taken to clean up fly tipping incidents once they had been reported and that the performance indicators had reported that the service had been in the top quartile.

Councillor Dickinson commented that the information missing from the list of reserves that she would like to see, was whether they were new or adding to existing ones and would have like to have seen the details in the report.

In response, the Financial Services Manager explained that the reserves in appendix 2 were all existing reserves, and the some of the uses may be additional to or variations to the existing specific activities, but all are assigned to a reserve that aligns to the purpose for which the reserves is set aside for.

The Portfolio Holder for Finance explained that he had included in his Council report the appreciation of the performance of the previous Administration and giving the new Administration a bonus by transferring £1.8m  to reserves.  The Portfolio Holder added that it was the objective of the current Administration to run quality services in a cost effective way.

Following comments from Councillor Devulapalli on the level of and increasing reserves over the minimum required. The Financial Services Manager explained that it had been an unsettled few years due to a number of factors and .to come in under budget was prudent and from a Finance Officer’s  perspective was satisfactory.  It was noted  that there was still uncertainly going forward due to a number of factors typically described under the heading of, cost of living, but from a technical point of view it was around inflation, particularly, in terms of providing services and the cost of providing those services so there would be continuing uncertainty.  Across the country there was no prescribed manner for determining what the minimum level of reserves should be. Full Council agreed the authority’s level of minimum level of reserves. The  ...  view the full minutes text for item CP32

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The Financial Services Manager explained that the attached report would be presented to Cabinet on 1 August 2023.  The report provided details of the outturn of the 2022/23 capital programme and outlined amendments and rephasing to the spending on schemes, revising the programme for 2022/2027.

The Panel’s attention was drawn to the key issues set out in the report and it was highlighted that it is recommended to Cabinet that the new items to the capital programme as set out in section 5.4 (Tables 10 to 13) be progressed.

It was noted that a requirement of capital controls was that details of the minimum revenue provision (MRP) calculation were reported to Cabinet.  It was explained that MRP was the minimum amount that must be charged to the Council’s revenue accounts each year as a provision to repay debt.  A local authority was required to calculate an amount of MRP which they considered to be prudent, prepare a statement of its policy on making MRP and

There were no questions from the Panel or Councillors attending under Standing Order 34.

RESOLVED:  That the Corporate Performance Panel supported the recommendation to Cabinet set as set out below:

That Cabinet:

1)            Note the outturn of the capital programme for 2022/23 of £25,347,122 including Exempt Schemes.

2)            Note the financing arrangements for the 2022/2023 capital programme.

3)            Approve the rephasing (as set out in Section 2.6 and Appendix 1a) into the 2022/2027 capital programme and financing assumptions as detailed in the report noting that further review will be undertaken during monitoring in 2023/2024.

4)            Approve the new items to the capital programme as set out in Section 5.4 (Tables 10 to 13) to be progressed.

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The Deputy Monitoring Officer presented the report and advised that the Local Government Act 1972 contained a provision designed to address the issue, providing that district Councils (i.e. the Borough Council) may appoint its own Councillors temporarily to make the Parish Council quorate until there were a sufficient number of Parish Councillors, which will enable business to continue in the interim. The power of instating Borough Councillors can either be exercised by Full Council or under delegated authority.

The Panel was informed that a couple of cases had occurred recently where Parish Councils became inquorate. 

The Deputy Monitoring Officer outlined the purpose of the report.

The Deputy Monitoring Officer outlined three minor amendments to the report published for Cabinet on 1 August.

After sitting for 3 hours, the Panel resolved to continue the meeting.

Councillor Long wished it to be recorded he was against the resolution to continue the meeting.

Councillor Lintern commented that, as a related but separate issue, the Council should look at the reasons why Parish Councils had become inquorate, particularly lack of support for Parish Councils and the vexatious behaviour they worked in with issues of bullying, etc and would like to put on the table for a debate as to what could be done and suggested that an item be placed on the Panel’s future work programme.

Councillor Long concurred with the comments made by Councillor Lintern.

Councillor Long supported the recommendation for the Council to delegate authority to the Returning Officer as set out in the report to avoid periods in which Parish Councils were unable to carry out their business.

The Deputy Monitoring Officer suggested the two points made by Councillors Long and Lintern could be considered together, in that where you had parish councils which were externally threatened by disruption or vexatious behaviour, then avoiding having a hiatus for that council was on balance probably going to be more likely to avoid those disruptions becoming problematic.

The Chair commented that Borough Councillors had work and home lives etc and that when a Borough Councillor was delegated to temporarily assist with a Parish Council, Members should be mindful that no criticism should be made against a Councillor who is not able to take on additional responsibilities due to personal circumstances, etc.

Councillor Long suggested that the Council look at the geographical area to the Parish Council requiring temporary assistance and seek to appoint the Borough Councillor nearest to that area in question.

RESOLVED:  That the Corporate Performance Panel supported the recommendation to Cabinet and Full Council as set out below:

Council delegates to the Returning Officer the power to issue Orders under Section 91(1) of the Local Government Act 1972 appointing Borough Councillors temporarily to Parish Councils, when required after consultation with the proposed Borough Councillor(s) and their Group Leader (where relevant).

To discuss the start time for future Panel meetings.

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Following Council on 13 July 2023, the Chair invited the Panel to consider the start time for future Panel meetings.

RESOLVED:  Corporate Performance Panel meetings to commence at 4.30 pm.

Members are invited to submit any questions before the meeting to Democratic Services.

No questions were submitted in advance of the meeting.

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The following items were identified:

·             Draft Business Plans – AWN, WNP, WNH.

·             Draft Shareholder Agreement

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The Cabinet Forward Decisions List was noted.

To note the Committee’s Work Programme.

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The following items were identified for the future work programme:

·         Investigating the reasons why Parish Councils become inquorate and support which could be provided.

·         Shareholder Work Programme – Draft Business Plans for AWN, WNP, WNH.

·         Equitable Transport in West Norfolk.

The Panel was invited to complete the 3-form requesting an item to be considered by the Panel for items listed above.  The Democratic Services Officer undertook to circulate the e-form to the Panel.

To note that the date of the next meeting of the Corporate Performance Panel will take place on 11 September 2023 in the Council Chamber, Town Hall, King’s Lynn, time to be confirmed.

The next meeting of the Corporate Performance Panel will be held on 11 September 2023 at 4.30 pm in the Council Chamber, Town Hall, King’s Lynn.

To consider passing the following resolution:

“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”.

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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 items 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.

The Financial Services Manager presented the report and responded to questions and comments from the Panel.

The Assistant Director, Central Services presented the report and responded to questions and comments from the Panel.

Following a lengthy discussion it was

RESOLVED:  The Panel did not support the recommendations to Cabinet as set out in the report.