Agenda, decisions and minutes

To approve the Minutes of the Meeting held on 31 October and 20 November 2023 (previously circulated).

RESOLVED:  The Minutes of the meetings held on 31 October and 20 November 2023 were approved as a correct record and signed by the Chair.

RESOLVED:  The Minutes of the meetings held on 31 October and 20 November 2023 were approved 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.

There were no items of urgent business.

There were no items of urgent business.

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 A Ware declared a non pecuniary interest in the item on Council Companies Funding, as a Council appointed Director of West Norfolk Housing and Property Companies.

Councillor A Ware declared a non pecuniary interest in the item on Council Companies Funding, as a Council appointed Director of West Norfolk Housing and Property Companies.

To receive any Chair’s correspondence.

None

None

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.

The following Councillors attended under standing order 34:

Councillors R Blunt and A Dickinson on Zoom

Councillor A Ware in person.

The following Councillors attended under standing order 34:

Councillors R Blunt and A Dickinson on Zoom

Councillor A Ware in person.

To report on any Cabinet Decisions called in.

No matters were called in.

No matters were called in.

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 some of which meet after the dispatch of this agenda. 

Corporate Performance Panel – 13 November 2023 - Council Tax Support Scheme

Environment and Community Panel – 14 November 2023 – Assets of Community Value and Exempt – Framework Agreement for Care and Repair Handyperson Prevention Service.

Corporate Performance Panel – 13 November 2023 - Council Tax Support Scheme

Environment and Community Panel – 14 November 2023 – Assets of Community Value and Exempt – Framework Agreement for Care and Repair Handyperson Prevention Service.

Regeneration And Development Panel Inviting Other Panels:  RD61: Cabinet Report – Governance documents.

The comments were taken into account with the items on the agenda.

Corporate Performance Panel – 13 November 2023 - Council Tax Support Scheme

Environment and Community Panel – 14 November 2023 – Assets of Community Value and Exempt – Framework Agreement for Care and Repair Handyperson Prevention Service.

Regeneration And Development Panel Inviting Other Panels:  RD61: Cabinet Report – Governance documents.

The comments were taken into account with the items on the agenda.

RESOLVED:  That the consultation process, the widening of the criteria in the current economic climate to match the support given to protected groups be noted.

RECOMMENDED:     That Option 1 being the recommendation for the final CTS scheme for working age people for 2024/2025.

(Option 1: Make the CTS Scheme more generous by using the Protected Scheme rules as the rules for the Local Scheme)

2)         That it be noted that if full Council does not agree the CTS Scheme detailed in Option 1, the current CTS Scheme will continue in default.

Reason for Decision

To ensure a CTS scheme for working age people for 2024/2025 is agreed by full Council by the deadline of 31 January 2024.

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Cabinet considered a report which reminded Members 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, known as the Council Tax Support (CTS) scheme.  The report explained that there were national regulations for a CTS Scheme for customers who had reached pension age, but the council was free to decide the rules for its own CTS schemes for working age people in our area, taking into account certain government requirements.  The report only refers to our CTS Scheme for working age people.

The council’s CTS Scheme was reviewed annually and could only be amended from the start of a financial year.   This report followed on from the Cabinet report of 1 August 2023 outlining the options for a draft CTS Scheme to go to public consultation and selecting Option 1 as the preferred scheme to consult on.  The public consultation ran from 21 August 2023 to 1 October 2023 and the results were summarised at section 3 and Appendix C of the report.

Cabinet was asked to note the consultation process, the widening of the criteria in the current economic climate to match the support given to protected groups and approve  Option 1 being the recommendation for the final CTS scheme for working age people for 2024/2025.  The recommendation would need to be agreed by full Council by 31 January 2024 to be ready for implementation on 1 April 2024. 

The report advised that a CTS Scheme formed part of the Taxbase calculation.  The Taxbase must be set by 31 January 2024 so the CTS Scheme must be decided at the Council meeting of 31 January 2024.

Under standing order 34 Councillor Blunt commented that he believed the consultation was meaningless. 

Under standing order 34 Councillor Dickinson asked if the consultation carried out had been compared with that by other authorities.

Councillor Moriarty commented the consultation was not worthless, but work was to be done on improving the response rate.

Councillor Parish acknowledged that work was being done on improving consultation relative to others.

It was noted that the Corporate Performance Panel had supported the recommendations.

RESOLVED:   That the consultation process, the widening of the criteria in the current economic climate to match the support given to protected groups be noted.

RECOMMENDED:      That Option 1 being the recommendation for the final CTS scheme for working age people for 2024/2025.

(Option 1: Make the CTS Scheme more generous by using the Protected Scheme rules as the rules for the Local Scheme)

2)         That it be noted that if full Council does not agree the CTS Scheme detailed in Option 1, the current CTS Scheme will continue in default.

Reason for Decision

To ensure a CTS scheme for working age people for 2024/2025 is agreed by full Council by the deadline of 31 January 2024.

RESOLVED:  1)         That the Borough Council of King’s Lynn and West Norfolk policy and statutory process for Assets of Community Value, as attached to the report, be approved.

2)         That the material update to the policy of changing the delegation to authorise Assets of Community Value from council officer to Portfolio Holder in consultation with the Executive Director of Place and relevant ward members be noted.

3)            That delegated authority be given to the Monitoring Officer to make future non-material updates to the policy (non-material definition – amendments which will not significantly change the policy but will update in line with legislative changes or will achieve improvements to the process).

Reason for Decision

1)            To approve the revised policy on Assets of Community Value to amend the decision-making process to reflect current Portfolio arrangements.

2)            To enable non-material amendments to the policy to be made without the need for Cabinet and full council authority.

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Cabinet considered a report setting out an amended policy and statutory process for Assets of Community Value and the Community Right to Bid.  It was noted that the policy had been simplified, and the decision making process was now through a members delegated decision, rather than an officer delegated decision.  It was noted that it was within Cabinet powers to make the decision on this matter.  In response to a question on if the Cabinet member with the delegation had an interest in the matter, it was confirmed the decision would be passed to the Leader.

Under standing order 34 Councillor Blunt commented that he was pleased to see the delegation to members, and asked how Parishes would be consulted on the process.  It was confirmed that parishes were often the relevant party, but if not, ward members should ensure their attention was drawn to item.

Councillor Beales sought information on the budget provision for financial loss referred to section 5.1 of the report to which the Corporate Governance Manager undertook to provide the information.

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

RESOLVED:   1)         That the Borough Council of King’s Lynn and West Norfolk policy and statutory process for Assets of Community Value, as attached to the report, be approved.

2)         That the material update to the policy of changing the delegation to authorise Assets of Community Value from council officer to Portfolio Holder in consultation with the Executive Director of Place and relevant ward members be noted.

3)               That delegated authority be given to the Monitoring Officer to make future non-material updates to the policy (non-material definition – amendments which will not significantly change the policy but will update in line with legislative changes or will achieve improvements to the process).

Reason for Decision

1)               To approve the revised policy on Assets of Community Value to amend the decision-making process to reflect current Portfolio arrangements.

2)               To enable non-material amendments to the policy to be made without the need for Cabinet and full council authority.

RESOLVED:            That the arrangements in the CIL Governance and Spending document attached as Appendix 1 to the report be agreed.

REASON FOR DECISION

To ensure the Borough Council meets its legal requirement to administer CIL funds in an appropriate way.

To ensure the benefits of CIL are shared to meet the infrastructure demands across the Borough

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The CIL Spending Panel had undertaken a light touch review of the scheme for allocating funds collected through the CIL.   A final version of the proposed priorities were presented for the Cabinet for the 2024 round of applications.

Councillor Moriarty commented that a wider review would be undertaken which would look in more detail, and address the assistance given in unparished areas, consider match funding weighting and iron out any nuances in the scheme.

Under standing order 34, Councillor Blunt suggested that parishes be consulted in the next review.

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

In being put to the vote Councillor de Whalley abstained.

RESOLVED:               That the arrangements in the CIL Governance and Spending document attached as Appendix 1 to the report be agreed.

REASON FOR DECISION

To ensure the Borough Council meets its legal requirement to administer CIL funds in an appropriate way.

To ensure the benefits of CIL are shared to meet the infrastructure demands across the Borough

RESOLVED:  That the item be deferred until the 15 January 2023 Cabinet meeting.

Reason for Decision

To permit further consideration of the item.

RESOLVED:  That the item be deferred until the 15 January 2023 Cabinet meeting.

Reason for Decision

To permit further consideration of the item.

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 items below on the grounds that they involve 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.

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.

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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 as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

RESOLVED:1)         The framework agreement for a period of two years with the option to extend for a further two years subject to a limit of £1.2m of contracts being awarded in the lifetime of the contract be approved.

2)            That Contractors A and B outlined in the report are included on the framework.  

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations.

Cabinet received a report which explained that a procurement exercise had been conducted to establish a dual supplier framework agreement for aids and equipment works as part of Care & Repair’s handyperson service.  The service focused on prevention, hospital discharge and some minor works mainly consisting of installing mobility equipment, small plumbing jobs and enhancing security. Most of the works let under this framework were grant funded.

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

RESOLVED:    1)            The framework agreement for a period of two years with the option to extend for a further two years subject to a limit of £1.2m of contracts being awarded in the lifetime of the contract be approved.

That Contractors A and B outlined in the report are included on the framework.  

Reason for Decision

To ensure that the Council obtains best value for the grants that it administers for aids and adaptions work for elderly and vulnerable people and to ensure compliance with procurement regulations.