Agenda and minutes

Apologies for absence were received from Councillors J Bhondi, F Bones, R Blunt,  A Bullen, J Collingham and P Devulapalli.

To approve the minutes from the Corporate Performance Panel held on 13 November 2023.

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The minutes of the Corporate Performance Panel held on 13 November 2023 were agreed as a correct record and signed by the Chair.

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.

Councillor A Ware declared an interest as a Director of West Norfolk Property Board and West Norfolk Housing Board.

Councillor J Ratcliffe declared an interest as a Ward Councillor of West Norfolk Housing Company.

Councillor A Dickinson declared a pecuniary interest as a second home owner in the Borough.

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 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 A Bubb and R Colwell via Zoom were present under Standing Order 34.

There was no Chair’s correspondence.

There were no call-ins.

The Environment and Community Panel will be invited to attend for this item.

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Members of the Environment and Community Panel were present for this item.

The Climate Change Manager presented the report which provided an update on activities over the last 12 months and explained that following the May 2023 elections the Portfolio Holders group had been reformed and had an updated terms of reference.

The Panel was advised that the partnership continued to be co-chaired by the Borough Council’s Chief Executive and the Chief Executive of North Norfolk.  It was explained that the co-chairs championed the establishment of the partnership manager role and its resourcing, for an initial 12 months, from the Business Rates Pool and contributions from local authorities.

The Climate Change Manager advised that a full time partnership manager commenced in July 2023 and was hosted by North Norfolk District Council.  The purpose of the role was to develop and maintain a comprehensive climate change policy programme which delivered the three strategic outcomes of the partnership set out at section 2.5 of the report.

It was noted that Greg Pearson, Norfolk Climate Change Partnership Manager was in attendance via Zoom to answer any questions from the Panel.

The Panel was informed that the partnership was successful in a bid for UK Innovate funding for the Norfolk Net Zero Communities project.

Section 2.9 of the report set out the topics covered in partnership meetings over the last 12 months.

Appendix A of the report set out the Revised Norfolk Climate Change Partnership structure.

The Climate Change Manager explained that the partnership website was hosted by the Borough Council and updated by the Norfolk Climate Change Partnership Manager.

In conclusion, the Climate Change Manager explained that Councillor de Whalley, Portfolio Holder for Climate Change and Biodiversity received regular updates and highlighted that there were clear signs that the partnership had developed over the last 12 months.

The Chair thanked the Climate Change Manager for the update report and invited Councillors attending under Standing Order 34 and the Portfolio Holder to address the Panel.

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

Councillor Mrs Spikings commented on the impact of flooding in Welney on residents and added that appropriate infrastructure was required.

In response to a question from Councillor Osborne on the announcement of  Norfolk Net Zero Communities project, the Climate Change Manager explained that the selection process had taken place and a parish had been identified and that a meeting would be scheduled in the future to talk about the project and obtain the support from the full Parish Council.

Following questions from Councillor Ryves on the measuring of carbon in different areas, the Climate Change Manager explained that the data was published by the Government Department for carbon net zero and was common data for local authorities in England.  It was explained that behind the data there was a complicated calculation for different data sets to obtain the end result on a common current level of  ...  view the full minutes text for item CP94

The Environment and Community Panel and the Regeneration and Development Panel have been invited to attend for this item.

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The Environment and Community Panel and Regeneration and Development Panel was also present for this item.

The Chair explained that the report would be split into two sections:  Long Term Empty Homes and Second Homes to allow all Councillors to contribute to the Long Terms Empty Homes.

Long Term Empty Homes

The Revenues and Benefits Manager presented the report and explained that the Levelling Up and Regeneration Act 2023 introduced powers for billing authorities to charge the existing 100% premium for long term empty properties after one year, rather than the current period of two years, and to charge an additional council tax premium of up to 100% for second homes.

The Panel was advised that for council tax purpose an empty property was defined as one which was unfurnished and no-one’s main home.  A long-term empty property was one which had been empty for more than six months after any property exemptions had ended.

It was explained that the Council currently charged a 100% premium once a long-term property had been empty for two years.  Section 79 of the Act now allowed the Council to charge the premium after one year from 1 April 2024.  This would mean a further 555 properties becoming liable for the 100% premium.  Further details were set out at section 3.

The Revenues and Benefits Manager advised that a resolution was required from Full Council by 31 March 2024 to implement the Act from 1 April.

The Portfolio Holder for Finance commented that it was self-evident that this was an incentive to release homes for occupation and commended the report to the Panel to go forward to Cabinet and Full Council.

The Chair invited Councillors under Standing Order 34 to address the Panel. 

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

The Chair invited questions and comments from the Panels, a summary of which is set out below.

Councillor Dickinson referred to section 3.2 of the report and commented that it would have been useful for the Panel to receive the information by each parish area which would give more of an indication where the issues were and if there was movement in an area. 

Councillor Dickinson asked for a definition of when an empty property commenced.  In response, the Revenues and Benefits Manager explained that there were a number of exemptions which did not count against the timescale for working out the empty property start date, the main being waiting probate where the owner had passed away.

Councillor Long asked how many homes had been brought back into use previously.  The Revenues and Benefits Manager explained that there was movement in properties being brought back in use but it was difficult to determine when a property had become occupied.

The Chair referred to the Equality Impact Assessment (EIA) and one line which stated there were no equality issues and added that there was a reasonable timescale if the  ...  view the full minutes text for item CP95

The Environment and Community Panel and Regeneration and Development Panel have been invited to attend for this item.

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The Environment and Community Panel and Regeneration and Development Panel was also present for this item.

The Chair explained that the report would be considered in open session but the appendices would be discussed in exempt session when a resolution would be required to exclude the press and public.

The Panel received a presentation from the Executive Director, Place (copy attached to the minutes).

The Chair thanked the Executive Director for the presentation and invited questions and comments from the Panels, a summary of which is set out below.

The Portfolio Holder for Business addressed the Panel and outlined the broad political objectives.

The Monitoring Officer explained the reason why the appendices to be discussed in exempt session were placed at the end of the agenda.

Councillor Long outlined the  decision of companies to provide affordable homes/private rented homes.  Councillor Long commented that this was a good report to support the decision of the new Administration to deliver homes.

Councillor Kemp supported the report but commented on the proposed maximum loan of £50m, the Council’s optimum level of £65m and this leaving the Council with too little flexibility for borrowing for other projects.  In response, the Assistant Director, Resources explained that in relation to the prudential borrowing limit, the Council looked at the Treasury Management Strategy and this would be taken into account.  The Assistant Director explained that the capital programme in the medium term required up to £200m, the £50m was based on flexibility and not the capital programme for the longer term and was subject to review going forward.

The Monitoring Officer explained that checks and balances would be the role of the new Shareholder Committee and there would be a report to decide the creation of a facility to draw down if required.

Councillor Ryves asked a number of questions and made comments, a summary of which is set out below:

-       Were the correct questions asked of the consultants.

-       £50m debt leaving little flexibility for other borrowing.

-       Subsidy PWLB – 2022 Act.

-       Difference in figures reported by the two consultants.

-       Borrowing by the Companies – if Council provided guarantee loan could be obtained.

-       Legacy companies.

-       Cost centres – management fees, etc.

-       Experience of other Councils.

-       Level of risk.

-       Increase in interest rates/impact.

In response to the comments and questions from Councillor Ryves, the Monitoring Officer responded to the comments and questions raised by Councillor Ryves.

The Portfolio Holder for Business explained that there was significant risk but advice had received from consultants,  The Portfolio Holder disagreed with the questions and comments from Councillor Ryves and undertook to provide a response in exempt session.

The Leader explained that the objective was to provide homes for local people and the Council would therefore continue to build homes with a caveat that they would be for local people.

Councillor Long commented on West Norfolk Housing Company who had  ...  view the full minutes text for item CP96

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The Chief Executive explained that the report presented to Council a revised Polling District and Polling Place Review Schedule.  The Panel was informed that to ensure that the Council met its statutory obligations a Polling District Review had to be carried out once every five years. 

The Chief Executive advised that there were a small number of changes set out in the report.

The Electoral Services Manager was present via Zoom to answer any questions.

The Chair thanked the Chief Executive for the report and invited questions and comments from the Panel, a summary of which is set out below.

Councillor Long commented that he was pleased to note that Fairstead PD2 was to be re-integrated into the wider PD1 (Fairstead) polling district.

Councillor Jones stated that a way to introduce digitised voting was the way to go forward.  The Chief Executive explained that this could not be considered as part of this report as it required statutory changes.

RESOLVED:  The Panel supported the recommendations to Full Council as set out below:

The attached (APPENDIX) Polling District and Polling Place Review Schedule is adopted.

Due to the size of the document – this only includes polling districts where either public comments were received or where any changes were recommended by the Acting Returning Officer.  All remaining Polling Districts will remain unchanged.

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The Chair advised that due to the length of the meeting, following consultation with officers and the Leader, the item would be removed from the agenda but the Leader would permit Councillors to attend Cabinet on 15 January to ask any questions.

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The Chair advised that due to the length of the meeting, following consultation with officers and the Leader, the item would be removed from the agenda but the Leader would permit Councillors to attend Cabinet on 15 January to ask any questions.

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The Chair invited Councillor Nash to present his request.

Councillor Nash proposed that this item be considered in exempt session under the Local Government Act section 100A.

The Monitoring Officer asked Councillor Nash to confirm which paragraph of Schedule 12A he referred to and added that the request was for the Panel to consider.

Councillor Mrs Spikings advised that she as a member of the Panel had received a lengthy report shortly before the meeting and stated that this was not sufficient time to consider the report and make an informed decision.

Councillor Nash outlined why in his view the item should be considered at tonight’s meeting.

Councillor Nash proposed that an Informal Working Group be set up to consider his request.

The Chair explained that the role of the Panel was to look at how the previous contract had performed and a report on the new contract would be considered by the Environment and Community Panel.  A report from the Corporate Performance Panel on performance, lessons learned etc could then be fed into the Environment and Community Panel.

The proposal to set up an Informal Working Group was seconded by Councillor Lintern and on being put to the vote was carried.

RESOLVED:  An Informal Working Group be set up as set out above.  The Chair undertook to email the Panel to determine membership.

Members are invited to submit any questions in advance of the meeting.

There were no Portfolio Holders Questions.

The Panel noted the Cabinet Forward Decisions List.

The Chair invited the Panel to email himself with any items for consideration to be placed on the work programme.

The Panel noted the Shareholder Committee Forward Plan.

The Chair invited the Panel to email himself with any items for consideration to be placed on the work programme.

To note the Panel’s Work Programme for 2023/2024.

The Panel noted the work programme.

The Chair invited the Panel to email himself with any items for consideration to be placed on the work programme.

To note that the date of the next meeting of the Corporate Performance Panel will take place on 26 February 2024 at 4.30 pm in the Council Chamber, Town Hall, King’s Lynn.

The next meeting of the Corporate Performance Panel will be held on 26 February 2023 at 4.30 pm in the Council Chamber, Town Hall, Saturday Market Place, 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 paragraphs 3 and 5 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 item of business on the grounds that it involves the likely disclosure of exempt information ad defined in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act.

The Panel considered the exempt Appendices.

Officers and Portfolio Holders responded to questions and comments from the Panels.

The Chair drew the Panel’s attention to the recommendations set out in the report.

The Chair proposed an amended to Recommendation to insert Shareholder Committee (after the word Monitoring Officer) which was seconded by Councillor Jones and agreed by the Panels.

Councillors Ratcliffe, Ryves and Ware abstained against the amendment to Recommendation 3.

RESOLVED:  The Panel supported the recommendation to Cabinet and Full Councill as set out below, subject to an amendment to Recommendation 3 highlighted in bold:

Cabinet resolves

1.       To note the contents of the Report setting out (i) the advice of Grant Thornton, PS Tax, Link Group Treasury Services and Ensor Accountants relating to the structure options for financial support to WNPL and WNHC (the Companies), and (ii) the Council’s current analysis as regards the best options.

2.       To offer a Drawdown facility to the Companies (comprising a mix of loan facilities and repayable grant agreements, and which may include debt-equity arrangements and/or the extension of current lease arrangements), with an overall lending cap of £50 million.

3.       To give delegated authority to the Executive Director (Place), in consultation with Portfolio Holder for Business, the Section 151 Officer, the Monitoring Officer and the Shareholder Committee, to agree the final terms of the Drawdown facility with the Companies.

Recommendations to Full Council

4.       To give delegated authority to the Section 151 Officer in consultation with the Portfolio Holder for Business to amend the Capital Strategy for 2023-2024 to reflect the approved Drawdown facility to the Companies.