Minutes of a meeting of the CABINET of SOUTH ...modgov.southnorthants.gov.uk/Data/Council/20110622... · Steven Shuttleworth Kevin Lane Adrian Colwell Martin Henry Trevor Dixon Ellie

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Minutes of a meeting of the CABINET of SOUTH NORTHAMPTONSHIRE COUNCIL held in the Committee Room, Council Offices, Springfields, Towcester on Monday 6 June 2011 at 6.00pm PRESENT: Councillor Mary Clarke - Chairman

Councillor Rebecca Breese Councillor Robin Digby Councillor Rupert Fordham

Councillor Ian McCord Councillor Rosie Herring Councillor Andrew Wilby

Councillor Dermot Bambridge ALSO PRESENT

Councillor Stephen Clarke Councillor Tony Wilkinson

Councillor Diana Dallyn

IN ATTENDANCE:

Sue Smith Calvin Bell David Price Steven Shuttleworth Kevin Lane Adrian Colwell Martin Henry Trevor Dixon Ellie Attwood Duncan Wigley Andrew D’Arcy Jackie Fitzsimmons James Doble

- - - - - - - - - - - - -

Chief Executive Director of Policy Director of Community Engagement and Corporate Services Director of Service Delivery Head of Corporate Services Head of Strategic Policy Head of Finance Team Leader Environmental Protection (part) Environmental Services Manager (part) Estates Surveyor (part) Lead Officer Planning Policy (part) Environmental Health Manager (part) Committee Administration

1. MINUTES

The Minutes of the meeting of the Cabinet held on 11 April 2011 were approved as a correct record and signed by the Chairman.

2. MATTERS ARISING FROM THE MINUTES

With reference to Minutes 164 and 166 Councillor McCord queried where on the agenda the referral from the Policy Review and Development Committee requesting that all residents in the district direct by letter of the consultation being undertaken on HS2, which had been deferred at the

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previous Cabinet meeting, would be considered. In response the Chairman confirmed that this would be dealt with under agenda item 8.

3. DECLARATIONS OF INTEREST There were no declarations of interest.

4. NORTHANTS LEADERSHIP UPDATE

The Leader reported that she had attended a meeting of the Northants Leadership Board, where the economic update report had been circulated which had inaccurate statistical information regarding vacancies by occupation for the South Northamptonshire district, which was now in the process of being corrected. There had also been discussion regarding representation on the board, it had been agreed this would be the Leader and Chief Executive for all local authorities with the exception of the voluntary sector who would have two representatives. It was also noted that the Chief Executives were working to reduce the number of objectives to 4 or 5.

5. SEMLEP UPDATE The Leader reported that;

1. there had been several changes to local authority representation following the elections and representation was now 4 Conservatives, 1 Liberal Democrat and 1 Labour. Representation was not based on geography.

2. that interviews for the Chairman of SEMLEP would take place in the

near future and that the Leader was on the nominations board. 6. MATTERS REFERRED TO THE CABINET BY OTHER PARTS OF THE

COUNCIL

The Head of Strategic Policy reported that the Policy Review and Development Committee had asked the Cabinet to consider contacting all residents in the district direct by letter advising them of the consultation being undertaken on HS2, which had been deferred at the previous Cabinet meeting. Cabinet discussed the issue and considered the cost of this exercise which would be around £10,000 was prohibitive. In addition the consultation events had now concluded and the consultation would close on 29 July. It was also noted that an article on the consultation process for HS2 was included in the current SNC review which was due for distribution by the end of the week.

RESOLVED: That having considered the cost and benefits of direct mailing all residents, this should not be pursued at this time. That the content of SNC Review should be

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considered and if felt to not cover the HS2 issues adequately a special HS2 edition of SNC Review be agreed.

7. SEMLEP/ENTERPRISE ZONES

The Leader submitted a report which was considered as urgent business due to the need to respond before the 10 June deadline for the consideration of applications by the SEMLEP Board and could not have been published with the agenda due to information which had only been released by the government after that date. Due to the 10 June deadline it was noted that the approval of the Chairman of the relevant Review and Development Committee would be sought in order to waive call-in. Additionally it was noted that the wrong corporate priorities had been set out in the report and these were amended as set out in the annex to these minutes.

The 2011 budget announced that the Government would establish 21 new Enterprise Zones within Local Enterprise Partnerships within England. The first 11 were named as part of the budget announcements, a further 10 would be the subject of a competitive bidding round in areas not already chosen and bids could only be made through Local Enterprise Partnerships on behalf of their partners. Enterprise Zones will be geographically defined areas, agreed between the Local Enterprise Partnership in South Northamptonshire’s case the South East Midlands Local Enterprise Partnership (SEMLEP) and the Government. Led by Aylesbury Vale an expression of interest was submitted, bidding for Silverstone to become an Enterprise Zone. Six expressions of interest were received and submitted by SEMLEP and in addition to Silverstone, Luton Gateway, Stanion Green and Rockingham at Corby, Bicester in Cherwell and Northampton Waterside were proposed. With only three being recommended for serious consideration by the Board and with only two at most having any chance of becoming an Enterprise Zone, it was not anticipated that Silverstone would progress any further. However due to the withdrawal of the Luton bid Silverstone was elevated into third position and therefore it is necessary for the Council take a view on the level of support that they are willing to give to the Silverstone proposal.

The Cabinet decision (attached with reasoning at Annexe 1 to these Minutes) was as follows:

That:

1. That the process for progressing the bids for an enterprise Zone within the South East Midlands Local Enterprise Partnership (SEMLEP) be noted.

2. That the submission of a bid to SEMLEP to create a Silverstone Enterprise Zone be supported.

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3. That a relaxation of planning constraints in relation to the proposed zone through a Local Development Order be supported in principle, subject to consistency with the approved Silverstone Development Brief and ultimate approval by full council of any Order that would be forthcoming.

4. That no Business Rate “uplift” be retained either by or within the Council and this should be retained and allocated by the Local Enterprise Partnership.

8. APPOINTMENTS TO OUTSIDE BODIES 2011/2012

The Leader submitted a report proposing appointments to outside bodies and internal working groups for 2011/2012.

The Leader noted that she had received a request from Councillor Johns to represent the Council on the South Northants Volunteer Bureau. In response officers confirmed that they would ascertain if the Council had a place on this body and agreed to delegate any appointment to the Chief Executive in consultation with the Leader. The Leader of the Council confirmed that she had received guidance from the Head of Corporate Services in respect of the South Northants Leisure Trust that a board member who becomes a ‘local authority person’ (member or officer) has to resign the board unless he is appointed as the local authority trustee, therefore both Councillors Roger Clarke and Lofts would be required to resign their membership as a result of becoming Councillors.


That:

1. the following appointments be made for the municipal year 2011/12, with the exception of South Northants Homes Board where appointments should be for the duration of the members terms of office:

Daventry and South Northants Victim Support – Management Committee

- Councillor Blake Stimpson

County Travellers Unit – Advisory Panel

- Councillor Phil Bignell

Citizens Advice Bureau (Banbury and District)


Citizens Advice Bureau (Northampton and District)

- Councillor Mrs Kath Bonner-Dunham

South Northants Volunteer Bureau - To be appointed under delegation if appropriate

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Brackley Vision - Councillor Mrs Kath Bonner-Dunham

- Councillor Peter Rawlinson

Towcester Partnership - - Councillor Mrs Diana Dallyn Councillor Andrew Grant

South Northants Bus Company - Councillor Andrew Grant

Northamptonshire Waste Partnership - Councillor Dermot Bambridge

- Councillor Rebecca Breese - Councillor Sally Townsend

(substitute) WNDC Towcester Planning Committee -

- - -

Councillor Mrs Rebecca Breese Councillor Stephen Clarke Councillor Mrs Robin Digby Councillor Mrs Diana Dallyn (substitute)

Grants Panel - Councillor Bob Atkinson - Councillor Phil Bignell - Councillor Mrs Kath Bonner-

Dunham - Councillor Mark Davidson - Councillor Peter Davies - Councillor Mrs Janet Eliot - Councillor David Harries - Councillor John Kilmister - Councillor Ian McCord - Councillor Mrs Sandi

Smallman - Councillor Paul Titchener - Councillor Tony Wilkinson Council for the Protection of Rural England

- Councillor Robin Digby

Communications Panel - Councillor Phil Bignell - Councillor Mrs Kath Bonner

Dunham - Councillor Ian McCord - Councillor Ian Morris - Councillor Blake Stimpson Welfare Rights Advice Service Board - Councillor Blake Stimpson Member Development Group - Councillor Andrew Grant - Councillor John Kilmister - Councillor Mrs Sandi

Smallman - Councillor Paul Titchener - Councillor Mrs Sally

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Townsend County Health Scrutiny Panel - Councillor Mrs Sandra

Barnes Supporting People Cross Authority Members` Body

- -

Councillor Mrs Ann Addison Councillor Mrs Rosie Herring

South Northants Homes Board - Councillor David Aaronson - Councillor Judith Baxter - Councillor Paul Farrow - Councillor Ian Morris - Councillor Tony Wilkinson West Northamptonshire Joint Strategic Planning Committee

- - - - -

C Councillor Mrs Rebecca Breese Councillor Mrs Mary Clarke Councillor Stephen Clarke Councillor John Townsend

(substitute) Councillor Robin Digby

(substitute) Budget Working Group to include the Capital Working Group

- - - - - - - - -

Councillor Bob Atkinson Councillor Caryl Billingham Councillor Stephen Clarke Councillor Roger Clarke Councillor Steven Hollowell Councillor Ian McCord Councillor Ian Morris Councillor Allen Walker Councillor Martin Wilson

Towcester Regeneration Board - Councillor Rebecca Breese Silverstone Strategic Implementation Group

- - - -

Councillor Dermot Bambridge Councillor Mary Clarke Councillor Stephen Clarke Councillor Rupert Fordham – (Substitute)

South Northants Leisure Trust - Councillor Andrew Wilby East Midlands Leaders Board (defunct this year)

- Councillor Mary Clarke

2. authority be delegated to the Chief Executive, in consultation with the Leader to appoint Members to any other appropriate outside bodies relating to executive functions and to designate attendance as an approved duty.

3. Council be recommended to give authority to the Chief Executive in consultation with the Chairman of the Council to appoint Members to any appropriate outside bodies relating to non executive functions, and to designate attendance as an approved duty.

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4. representatives on outside bodies report back to either the Cabinet or the Council on a regular basis.

9. ENVIRONMENTAL CRIMES POLICY

The Environment and Waste Portfolio Holder submitted a report which sought to implement collective guidelines for key environmental crimes that are likely to occur in South Northamptonshire. This includes a review of powers available to the Council and the enforcement approach. In the course of discussion it was felt that the guidance on how parish councils could authorise officers locally to issue fixed penalty notices for some environmental crimes should be circulated to parishes. The Cabinet decision (attached with reasoning at Annexe 3 to these Minutes) was as follows:

That:

1. the Environmental Crimes Policy as set out in the appendix to the report be approved.

10. FIVE YEAR HOUSING LAND SUPPLY

The Environmental Policy and Development Implementation Portfolio Holders submitted a report setting out the proposed 5 year housing land supply for South Northamptonshire. In the course of discussion Cabinet asked a number of questions in relation to the housing supply and sites within the district.


That:

1. the recommendations of the Policy Review and Development Committee be noted and the May 2011 Five Year Housing Land Supply Report be recommended to full Council for approval in order to inform decisions on planning applications for housing development.

11. ANNUAL GOVERNANCE STATEMENT

The Leader submitted a report setting out the proposed 5 year housing land supply for South Northamptonshire. In the course of discussion Cabinet asked a number of questions in relation to the housing supply and sites within the district.


That:

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1. That the Annual Governance Statement be noted and recommended for approval prior to it being signed by the Leader of the Council and the previous Chief Executive and then its consideration at Audit Committee in June. 2. That the Chief Executive be asked to continue to progress the issues in relation to Emergency Planning and Business Continuity arrangements.

12. PROVISIONAL OUTTURN 2010/2011 The Resources Portfolio Holder submitted a report setting out the

provisional outturn for 2010/2011 for the consideration of Cabinet. It was agreed that the Head of Finance would circulate to the Cabinet details of LABGI funding in earmarked reserves. It was also requested that in future years a council meeting be included in the meeting calendar for June.


That:

1. That the provisional out-turn figures for the General Fund and the Capital Programme for 2010-11 be noted.

2. That Cabinet recommend to full council that financial procedure rule 2.4.5 is waived for the financial year 2010-11 and individual overspends are not carried forward into 2011-12.

3. That Cabinet notes the approved items of revenue slippage detailed in Appendix C2 that do not require full council approval as required under financial procedure rule 2.4.6 (a)

4. That Cabinet recommend to full council that the items that are shaded in Appendix C1 are approved for carry forward.

5. That Cabinet recommend to full council that the items that are shaded in Appendix F are approved for carry forward.

6. That Cabinet recommend to full council that the financial procedure rules are amended as follows:

2.4.6 b of Financial Procedure Rules

(b) the approval of the Full Council where the underspending exceeds 10% of the individual

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budget heading (where this amounts to £10,000 or more) or £50,000, whichever is less.

7. To endorse the setting up of the earmarked reserves referred to in paragraphs 3.22 to 3.26 of the report.

8. To be prudent, and in order to maintain maximum flexibility in managing the financial affairs of the authority Cabinet recommend to full council the setting up of a MRP and to delegate the responsibility and the detail for such a provision, including the amount of the provision, to the Head of Finance.

9. Cabinet recommend to full council that responsibility be delegated to the Head of Finance to consider and implement further changes relating to all aspects of the closedown of the accounts for 2010-11 including the transfer of costs from revenue to capital, amendments of the revenue and capital budgets and implementation of a minimum revenue provision accordingly. This delegated authority will be carried out in consultation with the Resources Portfolio holder.

13. CABINET WORK PROGRAMME AND COUNCIL FORWARD PLAN

The Cabinet received for information the Cabinet Work Programme

showing items scheduled for consideration at future meetings. The Cabinet also received the Council’s Forward Plan detailing key

decisions to be taken at the Council over the period April to July 2011. Cabinet placed on record their thanks to Emma Faulkner and other officers

who had been involved in the despatch of the agenda papers for this meeting.

In response to a question from the Leader it was confirmed that in accordance with the Local Government (Access to Information Act) 1985 reports should be available 5 clear days before a meeting at which they were to be considered, although it was noted there are certain exclusions to these requirements in certain circumstances. In light of this Cabinet agreed that the practice of reports ‘to follow’ to any committee should be discontinued, unless unavoidable, with immediate effect.

RESOLVED: 1. That subject to the inclusion of the SOCITIM report,

waste partnership update to memorandum of understanding to the July 2011 agenda the Work Programme be agreed and the Council’s Forward Plan be noted.

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2. That the practice of reports ‘to follow’ to any

committee should be discontinued, with immediate effect.

14. URGENT BUSINESS There were no items of urgent business. 15. CHAIRMAN’S COMMENTS

The Chairman welcomed Councillor Dermott Bambridge to his first meeting as a Cabinet member and also to James Doble who was providing committee administration support on an interim basis.

16. EXCLUSION OF THE PUBLIC

RESOLVED: That under Section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that, if the public were present, it would be likely that exempt information falling under provisions of Schedule 12A, Part 1, paragraph 3 would be disclosed to them and that, in all circumstances of the cases, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

17. PROPERTY AT TOWCETER

The Resources Portfolio submitted a report proposing the property at 6 Watling Street, Towcester be let to the existing tenants for a period of 5 years on the terms indicated.


That:

1. 6 Watling Street, Towcester be let to Mr R Davis and Miss C Alexandrou for a period of five years.

Chairman

(the meeting closed at 8.40pm)

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ANNEXE 1

SOUTH NORTHAMPTONSHIRE COUNCIL

SEMLEP/ENTERPRISE ZONES

RECORD OF DECISION TAKEN BY THE CABINET Date of Decision: 6 June 2011 Decision

That:

1. That the process for progressing the bids for an enterprise Zone within the South East Midlands Local Enterprise Partnership (SEMLEP) be noted.

2. That the submission of a bid to SEMLEP to create a Silverstone Enterprise Zone be supported.

3. That a relaxation of planning constraints in relation to the proposed zone through a Local Development Order be supported in principle, subject to consistency with the approved Silverstone Development Brief and ultimate approval by full council of any Order that would be forthcoming.

4. That no Business Rate “uplift” be retained either by or within the Council and this should be retained and allocated by the Local Enterprise Partnership.

Reason(s) for Decision

The timetable for determining which bids, if any, SEMLEP submit to Government is very challenging. The guidance accompanying the application forms was only released at the end of May. Up until this point the bids were only developed as expressions of interest and therefore require a considerable amount of work to finalise them. The SEMLEP Board are meeting on the 10th June to consider which if any of the bids should be supported and therefore they will need to be in an advanced stage by then, although those preparing the bid(s) will have until the end of June to complete the process. It is therefore essential that Cabinet determine their position in respect to the Silverstone proposal. Any Local Development Order should reflect the constraints imposed by the approved Silverstone Development Brief. It was considered appropriate for any Business Rate uplift to be allocated to SEMLEP as a whole. Alternative options considered (including reasons for rejection)

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Cabinet could choose not to make a decision, but this is rejected on the basis that the SEMLEP Board are considering their approach to Enterprise Zones on the 10th of July and will need to know how supportive the Council are of the Silverstone bid.

Links to Corporate Priorities and Policy Framework Economic Wellbeing Council commitment to support SEMLEP as a founder member. Resource Implications The most significant implication relates to the impact of an Enterprise Zone on business rates, made even more relevant by the forthcoming Local Government Resources Review. One of the benefits to businesses within an Enterprise Zone is the ability of that business to receive 100% discount up to a maximum of approximately £55k per year (state aid restrictions prohibit more) for 5 years. This has little impact on the local authority’s finance, as the cost of this relief within the zone is met by Central Government. Of more relevance as to whether or not to support Enterprise Zones is what the future has in store for increased business rates in the area. It is clear from the literature that any uplift in business rate receipts within a Silverstone Enterprise Zone would be expected to be made available for use by SEMLEP. For Silverstone, this increase in business rates could be £942k (estimated from the Silverstone Development Brief). It is then important to consider the timing of this growth and then compare it with what is currently known about the Local Government Resources Review (LGRR). The first phase of development contained within the Brief (2009-2012) estimates that business rate growth during this period will be £427k. This is due to be completed before the LGGR changes come into force and therefore as it stands at the moment this would flow into the national pot and therefore if it was retained even if by SEMLEP this would seem to be preferable. Phase 2 of the Development Brief is due for completion between 2012 and 2018 and therefore the majority of this business rate growth which is estimated at £514k would occur after the LGGR plans have been implemented. Although the outcome of LGGR is unknown the speculation is that business rate growth may well be able to be kept locally as part of the Governments move to replace Revenue Support Grant.

Working on the basis that these funds would indeed be returned to the Local Authorities (District and County Councils) rather than the Local Enterprise Partnership a recent LGA briefing paper estimates that the retention of business rates locally could be in the following proportions: County 75%, District 15% and the Police 10%. If this was applied to business rate growth, then the Council would see an additional £76k per annum.

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Impact on Efficiencies There is a potential for efficiencies to be made depending upon the nature of the services to be provided from within the development. Risk Management Implications The risks associated with the introduction of an Enterprise Zone have been identified within the body of the report. Consultation Undertaken Discussions have taken place with the Leader of the Council, the Portfolio Holder and members of the Corporate Management Team Equalities and Diversity Implications It will be necessary to ensure that all development and buildings comply with the Disability Discrimination Act. Human Rights Implications With such a diverse range of services being provided it is possible that at some point they could impact on some if not all of relevant Human Rights Articles, but again it would be expected that these will be properly considered during the development of those services to ensure that no human rights are infringed Crime and Disorder Implications

The impact of the development in respect to Crime and Disorder will have to be considered as part of any permissions sought Biodiversity Implications The impact of the development on the biodiversity of the site will have to be considered as part of any permissions sought Forward Plan/Urgency (for key decisions only) This is a key decision but wa not included within the Forward Plan and has been dealt with as a matter of urgency in accordance with Section 15 of Part 6 of the Constitution dealing with Key Decisions not included on the Forward Plan. Declared Interests (if any) None Dispensations Granted (if any) None.

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ANNEXE 2


APPOINTMENT S TO OUTSIDE BODIES 2011/2012


That: 1. the following appointments be made for the municipal year 2011/12, with the exception of South Northants Homes Board where appointments should be for the duration of the members terms of office:

Daventry and South Northants Victim Support – Management Committee


County Travellers Unit – Advisory Panel

- Councillor Phil Bignell

Citizens Advice Bureau (Banbury and District)


Citizens Advice Bureau (Northampton and District)

- Councillor Mrs Kath Bonner-Dunham

South Northants Volunteer Bureau - To be appointed under delegation

Brackley Vision - Councillor Mrs Kath Bonner-Dunham

- Councillor Peter Rawlinson

Towcester Partnership - - Councillor Mrs Diana Dallyn Councillor Andrew Grant

South Northants Bus Company - Councillor Andrew Grant

Northamptonshire Waste Partnership - Councillor Dermot Bambridge

- Councillor Rebecca Breese - Councillor Sally Townsend

(substitute) WNDC Towcester Planning Committee -

- - -

Councillor Mrs Rebecca Breese Councillor Stephen Clarke Councillor Mrs Robin Digby Councillor Mrs Diana Dallyn (substitute)

Grants Panel - Councillor Bob Atkinson

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- Councillor Phil Bignell - Councillor Mrs Kath Bonner-

Dunham - Councillor Mark Davidson - Councillor Peter Davies - Councillor Mrs Janet Eliot - Councillor David Harries - Councillor John Kilmister - Councillor Ian McCord - Councillor Mrs Sandi

Smallman - Councillor Paul Titchener - Councillor Tony Wilkinson Council for the Protection of Rural England

- Councillor Robin Digby

Communications Panel - Councillor Phil Bignell - Councillor Mrs Kath Bonner

Dunham - Councillor Ian McCord - Councillor Ian Morris - Councillor Blake Stimpson Welfare Rights Advice Service Board - Councillor Blake Stimpson Member Development Group - Councillor Andrew Grant - Councillor John Kilmister - Councillor Mrs Sandi

Smallman - Councillor Paul Titchener - Councillor Mrs Sally

Townsend County Health Scrutiny Panel - Councillor Mrs Sandra

Barnes Supporting People Cross Authority Members` Body

- -

Councillor Mrs Ann Addison Councillor Mrs Rosie Herring

South Northants Homes Board - Councillor David Aaronson - Councillor Judith Baxter - Councillor Paul Farrow - Councillor Ian Morris - Councillor Tony Wilkinson West Northamptonshire Joint Strategic Planning Committee

- - - - -

C Councillor Mrs Rebecca Breese Councillor Mrs Mary Clarke Councillor Stephen Clarke Councillor John Townsend

(substitute) Councillor Robin Digby

(substitute) Budget Working Group to include the Capital Working Group

- -

Councillor Bob Atkinson Councillor Caryl Billingham

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- - - - - - -

Councillor Stephen Clarke Councillor Roger Clarke Councillor Steven Hollowell Councillor Ian McCord Councillor Ian Morris Councillor Allen Walker Councillor Martin Wilson

Towcester Regeneration Board - Councillor Rebecca Breese Silverstone Strategic Implementation Group

- - - -

Councillor Dermot Bambridge Councillor Mary Clarke Councillor Stephen Clarke Councillor Rupert Fordham – (Substitute)

South Northants Leisure Trust - Councillor Andrew Wilby East Midlands Leaders Board (defunct this year)

- Councillor Mary Clarke

2. authority be delegated to the Chief Executive, in consultation with the Leader to appoint Members to any other appropriate outside bodies relating to executive functions and to designate attendance as an approved duty.

3. Council be recommended to give authority to the Chief Executive in consultation with the Chairman of the Council to appoint Members to any appropriate outside bodies relating to non executive functions, and to designate attendance as an approved duty.

4. representatives on outside bodies report back to either the Cabinet or the Council on a regular basis.


To ensure continuity of the Council’s representation on the Outside Bodies etc listed. To keep Members informed of the work of outside bodies on which the Council is represented. To enable appointments to be made to any other appropriate bodies in an efficient manner. Alternative options considered (including reasons for rejection) Not to make appointments but rejected on the grounds that the Council would not have a voice on these Outside Bodies if no appointments were made. Not to receive information reports but this would not keep Members informed of the work of outside bodies.

Links to Corporate Priorities and Policy Framework

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Council representation on these bodies is consistent with overall Performance Plan objectives. Resource Implications

None apart from the cost of Members’ travel claims for attendance. Impact on Efficiencies There is no impact on efficiencies Risk Management Implications None Consultation Undertaken Consultations have taken place with the Leader of the Conservative Group and the Spokesperson for the Independents. Equalities and Diversity Implications None identified Human Rights Implications None identified Crime and Disorder Implications

None identified Biodiversity Implications None identified Forward Plan/Urgency (for key decisions only) Not applicable Declared Interests (if any) None Dispensations Granted (if any) None.

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ANNEXE 3


ENVIRONMENTAL CRIMES POLICY


That:

1. the Environmental Crimes Policy as set out in the appendix to the report be approved.


The legislative framework and guidance associated with environmental crimes is diverse and is the shared responsibility of several departments in the Council and also external partner organisations (Northamptonshire County Council and the Environment Agency).

It is important that the Council implements the wide range of interventions and enforcement outcomes associated with this raft of legislation in a proportionate and consistent manner. We do not currently have any collective guidelines which cover this wide range of offences and without a clear policy the Council could be challenged on whether its approach is appropriate in a court of law. The policy draws together the legislation and available enforcement outcomes for the key environmental crimes that are likely to occur in South Northamptonshire. This includes a review of powers that we have available to us and our enforcement approach.

Alternative options considered (including reasons for rejection)

Members could choose not to adopt the policy. This will mean that there will be a lack of a clear and consistent policy for officers to follow when making enforcement decisions and it will be more difficult for the Council to demonstrate that it complies with the principles of fair enforcement which are consistency, proportionate response and transparency.


Corporate Priorities Enhancing performance By helping people understand what we do about environmental enforcement and how we will do it, and providing enforcement services as efficiently, effectively and economically as possible. Preserve what is special

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By delivering services that enhance environmental well being. Protect the vulnerable Policies: Sustainable communities strategy 2010 – 2015 South Northamptonshire and Daventry District Council Anti-social behaviour Policy and Procedures 2011 The work of the Northamptonshire Waste Enforcement Group The ELVIS Partnership Service Level Agreement

Resource Implications

There are no resource implications. The policy aims to collate together guidance on services that the officers already carry out within existing resources. If Members agree to adopt the policy the aim will be to train and authorise officers, with the relevant skills, across the Service Delivery Directorate to carry out any of these duties whilst out in our district. This will maximise the use of available resources

Impact on Efficiencies

By training a wider base of officers to carry out the duties there should be an increase in efficiency.

Risk Management Implications

None but there are implications of not having a policy Consultation Undertaken

Key issues considered by Service Delivery Review and Development Committee (February 2011)

Equalities and Diversity Implications

None Known

Human Rights Implications

None Known – the policy aims to ensure that we have a consistent , transparent and proportionate approach to environmental crimes

Crime and Disorder Implications

Many Environmental Crimes are closely linked to anti social behaviour. Environmental crime which can lead to a deterioration in a neighbourhood and exacerbate antis social behaviour.

Biodiversity Implications

None Known Forward Plan/Urgency (for key decisions only)

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Not applicable Declared Interests (if any)

None Dispensations Granted (if any)

None.

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ANNEXE 4


FIVE YEAR HOUSING LAND SUPPLY


That:

1. the recommendations of the Policy Review and Development Committee be noted and the May 2011 Five Year Housing Land Supply Report be recommended to full Council for approval in order to inform decisions on planning applications for housing development.


The Council needs to demonstrate that there is a 5 year supply of housing land available to meet the requirements of Planning Policy Statement 3 (Housing). Alternative options considered (including reasons for rejection)

The alternative option is to use the Core Strategy housing figures or alternative methods of calculation. This should be rejected as they are untested and may result in more appeal decisions being allowed against the refusal of planning permission. This would add uncertainty and increase costs to the Council and local communities. This would not be in the interests of the district and its communities.


This report is relevant to the Council’s corporate priorities, in particular:

• Priority 2 “To preserve what is special in South Northamptonshire” -- (Objective 1: to ensure the Local Development Framework respects our local communities and the character of our villages and countryside) and

• Priority 5: “To be known as a Council that protects the vulnerable” -- (Objective 1: To provide high quality local housing appropriate to the needs of all groups and supporting the needs of key workers).


Not having an up to date 5 year housing supply position could increase costs as a result of the need to defend planning appeals that are likely to be pursued if applications are refused in the absence of an up to date policy background.

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Not adopting a new approach could lead to increased workload in defending planning appeals as set out above.


The Housing Land Supply Report is likely to be tested at a future planning appeal. Any changes considered necessary to the Report will be prepared to report back to Cabinet as required in the future.

Consultation Undertaken

Key issues considered by Policy Review and Development Committee (June 2011)


None


None at this stage. Any specific implications arising from individual developments will be considered as part of the determination of planning applications

Crime and Disorder Implications




Forward Plan/Urgency (for key decisions only)



None.

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ANNEXE 5


ANNUAL GOVERNANCE STATEMENT


That:

1. That the Annual Governance Statement be noted and recommended for approval prior to it being signed by the Leader of the Council and the previous Chief Executive and then its consideration at Audit Committee in June.

2. That the Chief Executive be asked to continue to progress the issues in relation to Emergency Planning and Business Continuity arrangements.


To present Cabinet with the Annual Governance Statement. The Annual Governance Statement will be considered at the same time as the Statement of Accounts for 2010-11. They are both due to be considered by the Audit Committee on the 29 June 2011.


Cabinet could decide that they do not wish to receive this report for information; this however would conflict with the continued efforts to embed risk management within the organisation. It would lead to negative comments from the Audit Commission when the accounts are audited as best practice dictates that the statement should be considered by a committee or the Cabinet prior to further consideration by the Committee that is ultimately responsible for considering the Annual Governance Statement and Statement of Accounts.


To be an efficient and effective Council delivering Best Value services. Resource Implications

No direct resource implications Impact on Efficiencies

No impact.

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No impact. Consultation Undertaken

Consultation has taken place with the Leader of the Council and Senior Managers across the Council


No impact.


No impact. Crime and Disorder Implications

No impact.


No impact. Forward Plan/Urgency (for key decisions only)



None.

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ANNEXE 6


PROVISIONAL OUTTURN 2010/2011


That:

1. That the provisional out-turn figures for the General Fund and the Capital Programme for 2010-11 be noted.

2. That Cabinet recommend to full council that financial procedure rule 2.4.5 is waived for the financial year 2010-11 and individual overspends are not carried forward into 2011-12.

3. That Cabinet notes the approved items of revenue slippage detailed in Appendix C2 that do not require full council approval as required under financial procedure rule 2.4.6 (a)

4. That Cabinet recommend to full council that the items that are shaded in Appendix C1 are approved for carry forward.

5. That Cabinet recommend to full council that the items that are shaded in Appendix F are approved for carry forward.

6. That Cabinet recommend to full council that the financial procedure rules are amended as follows:

2.4.6 b of Financial Procedure Rules

(b) the approval of the Full Council where the underspending exceeds 10% of the individual budget heading (where this amounts to £10,000 or more) or £50,000, whichever is less.

7. To endorse the setting up of the earmarked reserves referred to in paragraphs 3.22 to 3.26 of the report.

8. To be prudent, and in order to maintain maximum flexibility in managing the financial affairs of the authority Cabinet recommend to full council the setting up of a MRP and to delegate

C27

the responsibility and the detail for such a provision, including the amount of the provision, to the Head of Finance.

9. Cabinet recommend to full council that responsibility be delegated to the Head of Finance to consider and implement further changes relating to all aspects of the closedown of the accounts for 2010-11 including the transfer of costs from revenue to capital, amendments of the revenue and capital budgets and implementation of a minimum revenue provision accordingly. This delegated authority will be carried out in consultation with the Resources Portfolio holder.


To comply with the Council’s Financial Procedure Rules (Paragraphs 2.4.5, 2.4.6 and 2.7.8).

To approve a revision to the Council’s capital programme necessitated by slippage in various Capital Schemes.


Recommendations 1.1 and 1.3 are for information Cabinet could reject recommendation 1.2, 1.4, and 1.5 but these ensure that the requirements contained within the financial procedure rules are followed or waived accordingly. Cabinet could reject recommendation 1.6 but these amendments to the financial procedure rules will ensure that urgency powers are not required in future years for the waiving of financial procedure rules and carrying forward of budgets. Cabinet could reject recommendations 1.7 and 1.8 but these provide the Head of Finance with the flexibility to ensure the financial arrangements of the Council are met in the best possible way throughout the remainder of the closedown process.


This report is prepared in accordance with the Council’s Constitution (Part 9 - Financial Procedure Rules).

It also runs through all of the priorities of the Council but has particular relevance to the sustainability and organisational development aims.


There are no direct resource requirements flowing from this report. This report is informing members of the provisional actual spend against budget on the General Fund and Capital Programme and makes recommendations on the carrying forward of certain budgets and amendments to the financial procedure rules

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No impact. Risk Management Implications

No impact. Consultation Undertaken The figures reported in this report have been circulated to all Executive Team members and Heads of Service who have had an opportunity to provide comments where appropriate. The resources portfolio holder. All consultees are supportive of the recommendations. The contents of this report will be considered by the Community and Resources Review and Development Committee on 8 June 2011. Equalities and Diversity Implications

No impact.


No impact. Crime and Disorder Implications

No impact.


No impact. Forward Plan/Urgency (for key decisions only)



None.

Documents

Minutes of a meeting of the CABINET of SOUTH ...modgov.southnorthants.gov.uk/Data/Council/20110622... · Steven Shuttleworth Kevin Lane Adrian Colwell Martin Henry Trevor Dixon Ellie