Agenda, decisions and draft minutes

Venue: Council Chamber, Town Hall, Saturday Market Place, King's Lynn PE30 5DQ. View directions

Contact: Sam Winter, Democratic Services Manager 01553 616327 

Items
No. Item

CAB112

MINUTES

To approve the Minutes of the Meeting held on 8 January 2019   (previously circulated).

 

Decision:

RESOLVED:   The Minutes of the meeting held on 8 January 2019 were approved as a correct record and signed by the Chairman.

Minutes:

RESOLVED:   The Minutes of the meeting held on 8 January 2019 were approved as a correct record and signed by the Chairman.

CAB113

URGENT BUSINESS

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

 

Decision:

None

Minutes:

None

CAB114

DECLARATIONS OF INTEREST

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.

Decision:

Councillor I Devereux declared a non pecuniary interest in the Leisure Trust item as a member of the Alive Trust.

Minutes:

Councillor I Devereux declared a non pecuniary interest in the Leisure Trust item as a member of the Alive Trust.

CAB115

CHAIRMAN'S CORRESPONDENCE

To receive any Chairman’s correspondence.

Decision:

None

Minutes:

None

CAB116

MEMBERS PRESENT UNDER STANDING ORDER 34

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

Decision:

The following Councillors attended under Standing Order 34:

 

Councillors J Moriarty and T Tilbrook - agenda items 11,12 and 13

Councillor T Parish – agenda item 11

Councillor C Joyce – All items

 

 

Minutes:

The following Councillors attended under Standing Order 34:

 

Councillors J Moriarty and T Tilbrook - agenda items 11,12 and 13

Councillor T Parish – agenda item 11

Councillor C Joyce – All items

 

 

CAB117

CALLED IN MATTERS

To report on any Cabinet Decisions called in.

Decision:

None

Minutes:

None

CAB118

FORWARD DECISIONS pdf icon PDF 60 KB

A copy of the Forward Decisions List is attached

 

Decision:

The forward decisions list was noted.

 

The Chairman confirmed to Councillor Joyce that his Notice of Motion was not featuring on this agenda or the Forward decision list at this stage as the agenda had been printed prior to the Council agreeing to refer it to Cabinet.

 

Minutes:

The forward decisions list was noted.

 

The Chairman confirmed to Councillor Joyce that his Notice of Motion was not featuring on this agenda or the Forward decision list at this stage as the agenda had been printed prior to the Council agreeing to refer it to Cabinet.

CAB119

MATTERS REFERRED TO CABINET FROM OTHER BODIES pdf icon PDF 61 KB

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

 

Additional documents:

Decision:

The Local Plan Task Group made the following recommendation to the Local Plan Review Draft consultation document:

 

The Regeneration and Development Panel had supported the Custom Build Task Group report and Action Plan.

 

The Local Plan Task Group had made a recommendation to change the wording to 4.1.16 the specific wording of which had been sent to all members of the Task Group for confirmation.  All those present had agreed the wording with the exception of Councillor Parish.

Minutes:

The Regeneration and Development Panel had supported the Custom Build Task Group report and Action Plan.

 

The Local Plan Task Group made a recommendation to the Local Plan Review Draft consultation document to change the wording to 4.1.16 the specific wording of which had been sent to all members of the Task Group for confirmation.  All those present had agreed the wording with the exception of Councillor Parish.

 

CAB120

CUSTOM AND SELF BUILD ACTION PLAN pdf icon PDF 193 KB

Additional documents:

Decision:

RESOLVED:           That the Custom and Self Build Action Plan be approved.

 

Reason for Decision

The recommendation will ensure that the Council fulfils its statutory obligations surrounding Custom and Self Build and provides a clear steer on the Councils position surrounding the delivery of Custom and Self Build housing in the Borough.

Minutes:

Cabinet considered the report which provided information on the Councils first comprehensive Action Plan on Custom and Self-build housing. ThePlan set out theCouncil’s proposed actions to directlymeet its own responsibilitiesto helpdeliver quality self and custom buildhomesin the Boroughto meetlocal demand. As well as meeting obligations, there were wider benefits to enabling this route of delivery as it provided opportunities to increase housing delivery, fostered creative design providing homes that meet people’s needs and provided opportunities for smaller house builders.

 

The Action Plan had been produced by the Councils Custom Build and Self Build Policy Development Task Group. The final draft had been approved by the Group. The purpose of the report was to inform Cabinet of the Councils responsibilities in relation to Custom and Self Build Housing and seek approval from Cabinet to implement the actions in the plan. The Regeneration and Development Panel had also seen the final version of the Plan and agreed it.

 

RESOLVED:           That the Custom and Self Build Action Plan be approved.

 

Reason for Decision

The recommendation will ensure that the Council fulfils its statutory obligations surrounding Custom and Self Build and provides a clear steer on the Councils position surrounding the delivery of Custom and Self Build housing in the Borough.

CAB121

LOCAL PLAN REVIEW DRAFT FOR CONSULTATION pdf icon PDF 282 KB

Decision:

RESOLVED:1)       That the draft Local Plan Review be endorsed for consultation subject to the addition of the wording to section 4.1.16 submitted by the Task Group.

2)       That the final consultation 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.

3)       That the consultation period runs for not less than 6 weeks, but not to commence until such a time as the interactive mapping tool is available for public use.

 

Reason for Decision

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

 

Minutes:

Councillor Blunt presented the report which explained that the current Local Plan consisted of two separate documents, the Core Strategy (adopted in 2011) and the Site Allocations and Development Management Policies plan (‘SADMP’ adopted in 2016).  

 

The Planning Policy Manager explained that when the Inspector agreed the SADMP document and modifications he inserted a policy which proposed an early review of the Plan. The document presented was a draft plan which combined and updated the Core Strategy and SADMP taking the end date to 2036.

 

This was the first stage in the preparation of a new plan, relating to the information gathering and early consultation.

 

The Local Plan Task Group had proposed an addition to wording in 4.1.16 of the report set out below which the Task Group had been invited to confirm.  All except Councillor Parish had agreed the amendment:

 

New text at the end of paragraph 4.1.16:

“All the allocation policies include the words ‘at least’ before the proposed number of dwellings.  This reflects the need for the Local Plan to be positively prepared.

Should it be found that an allocated site could not accommodate the proposed level of development because of local issues, it is important that the Local Plan incorporates sufficient flexibility to address such a situation.  To this end it is important to ensure that the wording of each allocation policy incorporates sufficient flexibility.

It is also important that the best use of land is achieved but that this should not be at the expense of other considerations such as the provision of open space, and local amenity considerations. If a proposal came forward for a planning application in excess of the specified figure, it would have to demonstrate carefully how it meets design, amenity and other safeguards (with explicit reference to relevant policies, including; LP16, LP17, LP18 and LP19) and clearly state how the additional units could be accommodated without detriment to the locality.”

 

Under Standing Order 34 Councillor Moriarty attended and expressed concern that the minutes of the Task Group had been published prior to members agreeing the wording.  In referring to the Local Plan document he considered that it was being rushed to this point, and that the inclusion of the additional policy points within the documentation were not required.  He was not happy with the inclusion of “at least” in the documentation and asked that as it was such a huge document the matter be deferred to give Councillors the opportunity to read it fully.

 

 

Under Standing Order 34 Councillor Parish attended.  He drew attention to his dislike of the words “at least” being included in the documents as he considered it doubled the number of properties developed on sites. He acknowledged that the amendment to the wording put forward softened the implication but still left it in.  He considered that the electorate would not be happy with the inclusion.

 

Under Standing Order 34, Councillor Joyce drew attention to Councillor Blunt’s comments that the term “at least” should not be in  ...  view the full minutes text for item CAB121

CAB122

THE FINANCIAL PLAN 2018/2023 pdf icon PDF 656 KB

Additional documents:

Decision:

 

RECOMMENDED:

Recommendation 1

That Council approve the revision to the budget for 2018/2019 as set out in the report.

 

Recommendation 2

That Council reaffirm the Policy on Earmarked Reserves and General Fund Working Balance and the maximum balances set for the reserves as noted in the report.  

 

Recommendation 3

That Council :

1)    Approves the budget of £19,033,410 for 2019/2020 and notes the projections for 2020/2021, 2021/2022 and 2022/2023.

 

2)    Approves the level of Special Expenses for the Town/Parish Councils as detailed in the report.

 

3)    Approves the Fees and Charges 2019/2020 detailed in Appendix 5.

 

4)    Approves a Band D council tax of £125.87 for 2019/2020

 

Recommendation 4

That Council approves a minimum requirement of the General Fund balance for 2019/2020 of £951,671.

 

Reason for Decision

 

The Council is obliged to set a Budget Requirement and level of council tax before the beginning of a financial year commencing on 1 April.

 

 

Minutes:

The Deputy Chief Executive presented the budget report which explained that as part of the council tax setting process the Council updated its longer term Financial Plan to take account of any changes in financial settlements, inflation on service costs and revised priorities of the administration.

 

In February 2018 the Council set out a Financial Plan for 2017/2022.  The Plan reflected the continued significant financial challenges faced by the Council.

 

Changes to the local government finance system were expected to include the phasing out of Revenue Support Grant (RSG) and changes to the distribution of New Homes Bonus.  There would be a full reset of the business rates system in 2020/2021 which would allow full implementation of reforms to the Business Rates Retention Scheme and the outcome of the review into relative needs and resources, the Fair Funding Review.

 

The report explained that the Council could present a funded budget for all years of the medium term financial plan to 2023.   There was significant uncertainty from 2020/2021.  The impact of the implementation of the reform of the Business Rates Retention scheme and the Fair Funding Review from 2020/2021 were still unknown, but there was considerable downside risk.

 

The provisional local government finance settlement announced by Government on 13 December 2018 confirmed the fourth and final year of the 4 year offer.  It was noted that the 4 year offer only included RSG and Rural Services Delivery Grant (RSDG). The ending of RSG had been clearly signaled and it was assumed that the Council would receive no RSG from 2020/2021. As with RSG it had also been assumed that the Council would receive no RSDG from 2020/2021.  This was a cautious approach.

 

As part of the provisional settlement for 2019/2020 the Government announced an additional £16m in RSDG to ensure that the grant remained at its 2018/2019 level.

 

It was noted that the Government focus was on Councils’ ‘core spending power’ inclusive of locally generated resources.  The core spending power analysis tables published by the Government for each Council assumed that Councils in the lowest quartile of Council Tax levels (which included the Borough Council) would introduce the full £5 per annum per Band D dwelling Council Tax increase now permitted under the Council Tax Referendum Principles. 

 

In the provisional local government finance settlement announced on 13 December 2018 the Government approved 15 additional Business Rates Pilots for 2019/2020 including a Norfolk Pilot.  Under the pilot arrangements the amount of RSG and RSDG received is zero.  The value of the RSG and RSDG foregone will be taken into account in setting revised tariffs and top-ups.

 

The implementation of reforms to the Business Rates Retention Scheme meant existing grants would be incorporated into business rate retention including the RSG and RSDG.  The revised arrangements for business rates retention would not provide this Council with funding to replace the reductions announced in RSG.  The review into relative needs and resources, the Fair Funding Review, would redistribute business rates.  It could be anticipated that  ...  view the full minutes text for item CAB122

CAB123

CAPITAL PROGRAMME AND RESOURCES 2018-23 pdf icon PDF 181 KB

Additional documents:

Decision:

RECOMMENDED:   1)   That the amendments to capital schemes and resources for the 2018-2023 capital programme as detailed in the report be approved.

2)    That new capital bids be funded from available capital resources and included in the capital programme 2019-2023 as detailed in the report.

 

Reason for Decision

To report amendments, re-phasing and resources to the 2018-2023 Capital Programme

Minutes:

The Deputy Chief Executive presented a report which:

 

·         revised the 2018/2019 projections for spending on the capital programme

·         set out an estimate of capital resources that would be available for 2018-2023

·         detailed new capital bids that were recommended to be included in the capital programme for the period 2019-2023

·         outlined provisional figures for capital expenditure for the period 2018-2023

 

The report contained an exempt section detailed proposed future corporate capital projects.

 

The Chairman thanked the Deputy Chief Executive and her team for all the work put into bringing the Financial Plan and the Capital report.

 

RECOMMENDED:   1)   That the amendments to capital schemes and resources for the 2018-2023 capital programme as detailed in the report be approved.

2)    That new capital bids be funded from available capital resources and included in the capital programme 2019-2023 as detailed in the report.

 

Reason for Decision

To report amendments, rephasing and resources to the 2018-2023 Capital Programme

CAB124

EXCLUSION OF THE PRESS AND PUBLIC

 

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 item below on the grounds that it involves 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.

 

 

Decision:

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.

 

 

Minutes:

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.

 

 

CAB125

LEISURE SERVICES TRANSFER

Decision:

RECOMMENDED:   That the arrangements for transfer of Leisure as detailed in the report be approved.

 

Reason for Decision

 

To facilitate an early and cost effective transfer of the Leisure Service from Alive Leisure Trust to a Council Not for Profit Company.

Minutes:

Councillor Mrs Nockolds presented a report which explained that the Council and Alive Leisure Trust (ALT) had negotiated a provisional agreement with regard to the transfer of the Leisure Services operation from ALT to the Council.  The basis of this agreement was that both organisations would work together to achieve a smooth and seamless transfer of the current service operation aiming for an early transfer of the service from 30 June 2019. 

 

The Executive Director explained that the Environment and Community Panel had received a presentation on the proposal now put forward and had supported it unanimously.

 

The Cabinet expressed its satisfaction that the negotiations were progressing well and that the two organisations would work together to deliver the transfer smoothly.

 

 

RECOMMENDED:   That the arrangements for transfer of Leisure as detailed in the report be approved.

 

Reason for Decision

 

To facilitate an early and cost effective transfer of the Leisure Service from Alive Leisure Trust to a Council Not for Profit Company.