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BABERGH DISTRICT COUNCIL STRATEGY COMMITTEE
MINUTES OF A MEETING OF THE STRATEGY COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY, 18 SEPTEMBER 2008
PRESENT: Mr N A Ridley – Chairman
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Mr M P Booth
Mrs S Carpendale
Mr A J Hinton
Ms J A Jenkins
Mr P Jones |
Dr M R Miller
Mr C M Spence
Mr R W Thake
Mrs S M Wigglesworth |
Mr N A Bennett and Mr R E Kemp were unable to be present.
Mr D M Busby attended the meeting in order to present the recommendations of the Overview and Scrutiny (Stewardship) Committee referred to in Minute No. 63(a) below.
Mr B L Lazenby attended the meeting in order to present the recommendations of the Licensing and Appeals Committee referred to in Minute No.63(b) below.
57 - Substitutes
58 - Declaration of Interests
59 - Minutes
60 - Petitions
61 - Questions from Members
62 - Issues Arising from Overview and Scrutiny Committees
63 - Recommendations and Reports from Committees
64 - Recommendations from Task Groups and Panels
65 - Work Plan
66 - Local Governemnt Review - Response to the Boundary Committee's Draft Proposals for Suffolk
67 - Hadleigh Leisure Facility
68 - Free Swimming Programme
69 - Policy for Allocating Contributions Secured Under Section 106 Planning Obligations for Affordable Housing
70 - Babergh discretionary Grants Policy and Update on Business Rate Relief Policy
71 - Conservation Areas
72 - 2008/09 Capital Programme - Housing Revenue Account
73 - 2008/09 Captial Programme - Non Committed Schemes
74 - Exclusion of the Public (which term includes the press)
75 - Belle Vue Sudbury (Exempt information by virtue of Paragraph 3 of Part 1)
76 - Discretinary Rate Relief (Exempt information by virtue of Paragraph 3 of Part 1)
It was noted that in accordance with Council Procedure Rule No. 5 substitutes were in attendance as follows:-
Mr R W Thake (substituting for Mr N A Bennett)
Mr P Jones (substituting for Mr R E Kemp).
Ms J A Jenkins declared a personal interest in the item referred to in Minute No. 70 below by virtue of being Chairman of the Leavenheath Village Hall Committee but indicated that her interests were such that she was able to speak and vote on the matter concerned.
Mr N A Ridley declared a personal interest referred to in Minute No.70 below by virtue of his Chairmanship of the Gainsborough House Trust Society but indicated that his interests were such that he was able to speak and vote on the matter concerned.
Mr C M Spence declared a personal interest in the item referred to in Minute No.66 below by virtue of being a Member of Suffolk County Council.
Mrs S M Wigglesworth subsequently declared a personal interest in the item referred to in Minute No. 76 below by virtue of the applicant being known to her but indicated that her interests were such that she was able to speak and vote on the matter concerned.
RESOLVED
That the Minutes of the meetings held on 31 July and 14 August 2008 be confirmed and signed as correct records.
None received.
Question to Chairman of Strategy Committee from Councillor N A Bennett :
Can the Chairman inform members what consideration was given to the residents of the town centre in Sudbury who have no other option than to use our short stay car parks to park overnight when the machines stop dispensing tickets in the late afternoon and will not issue a ticket till 8am the following morning leading to residents facing a penalty notice for non display of a ticket even though they have not overstayed the 3 hour parking restriction?
Response:
The consideration given was that the enforcement regime would be the same as the one that has existed in Hadleigh for over 15 years i.e. on weekdays the ticket machines would operate over the full 3-hour restriction period daily between 8.00am and 5.00pm. Between these times the machines are switched off overnight.
Residents who require overnight parking have following options:
· Display a ticket, or arrange for the display of a ticket after 8.00am
· Make other arrangements e.g. on-street parking or private parking
· Utilise our long stay car parks.
Supplementary Question:
Can the Chairman inform members how this issue is being resolved so that affected residents will not face fines for non display of a ticket?
Response:
It is considered that the existing arrangements should remain in place but monitoring of any demand would provide information in relation to any future residents’ parking scheme.
Question to Chairman of Strategy Committee from Councillor M P Booth
With reference to Paper G104 (Strategy Meeting Sept. 27th 2007) I reluctantly agreed to withdraw my previous successful amendment to Car Parking Orders (Paper F92 September 2006) with the assurance "that the Head of Contract and Asset Management enter into discussions with Suffolk County Council with a view to developing a residents parking scheme for Sudbury"
As I predicted, I have had many communications from residents worried that they have to exceed the 24hr limit because there is insufficient on street parking in streets around Mill Lane, Stour Street and Ballingdon Street car parks.
As a whole year has passed since this issue was last discussed, will the Chairman please update members about the latest progress with the "Resident's Parking Scheme" and inform members of the date the scheme will start.
Response:
The Head of Contract & Asset Management indicated in Paper G104 (para’s 5 & 6) that residents parking arrangements in Sudbury would need to be addressed via a combination of both off-street and on-street parking solutions.
Informal discussions have been held with Suffolk County Council in the ensuing period to try and progress this issue. Our understanding is that, in late 2007, they commissioned a study from Faber Maunsell Consultants relating to decriminalised parking in Babergh. This included consideration of on-street and off-street residents’ parking.
We understand that the study report has been completed and are currently awaiting a copy of this report in order that we can fully understand the implications with regard to our off-street car parks, and in particular any proposed residents parking provision.
Supplementary Question:
The three car parks in question are all Babergh car parks and have a total capacity of only 75 spaces.
Approximately 20 spaces in Blackfriars North and South car parks are also subject to the same 24 hour restrictions despite the fact that they are designated as “Residents Only”.
It seems to me that a simple advert in the local press and a leaflet drop to about 200 homes inviting residents to apply with address and car registration details would give us all the information we need to issue the permits needed. Why is it so difficult for Babergh to administer it’s own permit scheme in it’s own car parks?
Response:
The Chairman of Strategy Committee advised that he would consider the supplementary question and give an answer following the meeting. The response is now provided below:-
The three car parks mentioned ie. Mill Lane, Stour Street and Ballingdon Street are owned by the Council and have a total capacity of 73 spaces (including 4 for the disabled).
The Blackfriars North and South car parks are also owned by Babergh. They were only recently changed from ‘council housing’ car parks to public car parks, and hence their inclusion in the new parking orders. The ‘residents only’ signs have no legal standing and could be removed. They were only left in place because they were there from the time the Blackfriars development was constructed many years ago.
With regard to residents’ permits I can only repeat my earlier reply in that this should be addressed via a combination of both off-street and on-street parking solutions for the whole of Sudbury. A localised arrangement would set a precedent for all other car parks in Sudbury (and also probably Hadleigh).
None received.
(a) Significant Business Risk Refresh (Overview and Scrutiny (Stewardship) Committee Minute No.31)
Mr D M Busby, Chairman of the Overview and Scrutiny (Stewardship) Committee introduced this item.
RESOLVED
(1) That the significant business risk register is updated to reflect the outcomes of the latest strategic risk refresh set out in and summarised in the appendices to Paper H87.
(2) That Management Action Plans for each risk above the tolerance line are monitored by the Overview and Scrutiny (Stewardship) Committee on a quarterly basis.
(b) Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976 Hackney Carriage Quantity Controls and Hackney Carriage Zoning (Licensing and Appeals Committee Minute No.5)
Mr B L Lazenby, Chariman of the Licensing and Appeals Committee introduced this item.
RESOLVED
That the existing quantity limitation on the number of Hackney Carriage licences issued in the District be removed at such time as (a) the Council has resolved to amalgamate Hackney Carriage Zones in the Babergh District area and (b) such resolution has been approved and commenced by Order of the Secretary of State for Transport.
RECOMMENDED TO COUNCIL
That section 171(4) of the Public Health Act 1875 be applied throughout the District of Babergh to create a single controlled Zone for Hackney Carriage purposes, and that the Head of Natural and Built Environment be authorised to seek Secretary of State approval thereto in the terms set out in Appendix 2 of Paper H97.
(a) Draft Equalities Policy and Single Equality Scheme and Action Plan
Mike Hammond presented a report (Paper H99) from the Equality and Diversity Steering Group requesting approval of the draft Equalities Policy and the Single Equality Scheme and Action Plan.
It was noted that the views of stakeholders, residents and employees at Babergh are currently being sought and that the documents, which were published on Babergh’s website, have also been sent to a range of stakeholders.
The draft Equalities Policy was attached as Appendix A, the Single Equality Scheme as Appendix B and the Action Plan as Appendix C to Paper H99.
RECOMMENDED TO COUNCIL
That, subject to the Deputy Chief Executive being authorised to make any further changes to the draft Equalities Policy and the Single Equality Scheme and Action Plan as a result of the consultation responses the Policy, Scheme and Plan attached to Paper H99 be adopted.
(b) Amendments to Grants and Loans Policy for Private Sector Housing
Mrs S M Wigglesworth, as Chairman of the Housing Panel introduced Paper H100 which proposed amendments to the current Grants and Loans Policy to encourage the take up of financial assistance to improve non-decent homes in the private sector and to adopt powers for the recovery of Disabled Facilities Grant made for the adaptation of private sector homes where appropriate.
RESOLVED
(1) That the existing Grants and Loans Policy is amended to replace re-payable loans up to £5,000 for owner occupiers, with grants, when the work involved is to bring a dwelling up to the decent homes standard.
(2) That approval be given to the inclusion of a condition attached to relevant Disabled Facilities Grants requiring re-payment of any sum paid in excess of £5,000 up to a maximum demand of £10,000 subject to the restrictions and limitations laid down in the relevant legislation or where other exceptional circumstances are deemed to prevail, at the discretion of the Head of Natural and Built Environment.
The Director of Corporate Services submitted a report (Paper H101) on items identified for future meetings of the Strategy Committee.
RESOLVED
That the Work Plan set out in Paper H101 be noted.
The Chief Executive submitted a report (Paper H102) requesting the Committee to consider a draft response to the Boundary Committee’s draft proposals for Unitary Local Government in Suffolk and Norfolk (insofar as the latter affects Lowestoft in Suffolk) to enable appropriate recommendations to be made to an extraordinary meeting of Council on 23 September 2008.
Circulated at the meeting was a report (subsequently numbered Paper H118) from the Director of Finance outlining key information relating to the financial assessments that have been undertaken and that will be sent to the Boundary Committee as part of the business case submissions, together with an updated Appendix (a) to Paper H102 which provided a summary of the latest consultation responses.
The Committee also had before them an alternative Appendix C to Paper H102 with tracked changes.
A full discussion then ensued relating to the report.
RECOMMENDED TO COUNCIL
(1) That the Boundary Committee’s Draft Proposal to create a North Haven and a Suffolk Unitary Authority be supported.
(2) That the draft response to the Boundary Committee at alternative Appendix C to Paper H102 be approved.
The Project and Programme Executive and the Head of Contract and Asset Management submitted a joint report (Paper H103) providing further information on the progress of the Hadleigh Leisure Facility Building and to seek authority to continue with the design and tender process to award of contract subject to the overall cost not exceeding £2M (plus allowable tolerances).
The latest plans for the project were displayed at the meeting.
RESOLVED
(1) That subject to (2) below, the Head of Contract and Asset Management be authorised to continue with the design and tender process to award of contract for the construction of a leisure facility building in Hadleigh subject to the capital cost not exceeding £2M plus any tolerance in accordance with financial regulation 2.53 (ii).
(2) That if the overall cost limit is exceeded on receipt of tenders then the Head of Contract and Asset Management will seek a further decision at the Committee meeting scheduled to be held in January 2009 prior to acceptance of any tender.
The Project and Programme Executive and the Head of Community Development submitted a joint report (Paper H104) advising of details of funding made available by the Government to provide free public swimming for certain age groups.
The report set out details of urgent action authorised out of meeting by the Chief Executive to enable Government deadlines to be met in respect of the over 60’s free swimming programme and sought the Committee’s views on other aspects of the free swimming programme. There would also be a capital pot split into two to modernise pool provision. Future funding would be subject to the outcome of the next Government spending review.
RESOLVED
(1) That the action taken out of meeting by the Chief Executive, in consultation with the Chairman of the Strategy Committee as referred to in Appendix 1 to Paper H104 be noted.
(2) That the Council participates in aged 16 and under free swimming subject to the Head of Community Development, in consultation with the Chairman of Strategy Committee and the Director of Finance, being satisfied that any shortfall in Government funding will not, in their opinion, have a significant financial impact on the Council in 2009/10 and 2010/11.
(3) That the appropriate officers be authorised to submit a bid to Sport England for Capital Funding which best meets the Council’s needs.
The Project and Programme Executive and the Head of Community Development submitted a joint report (Paper H105) outlining proposals for the allocation of financial contributions secured for affordable housing purposes pursuant to section 106 of the Town and Country Planning Act 1990 (as amended) from certain housing developments.
It was noted that one of Babergh District Council’s strategic plan objectives related to providing quality homes that local people can afford. The report aimed to establish a clearer procedure as to how and where monies from section 106 agreements are used in increasing the number of affordable homes in the District to help the Council achieve its target of 700 new affordable homes by 2010.
RESOLVED
(1) That the Head of Community Development, in consultation with the Housing Panel, be delegated power to determine, in accordance with the priorities set out in 2.2 of Paper H105, where financial contributions, which have been secured through an Obligation under section 106 of the Town and Country Planning Act 1990 (as amended) shall be allocated, if the Obligation permits the sum to be spent within the district council’s area.
(2) That the priorities for allocating sums secured under (1) above shall be as follows:-
(a) To spend the sum raised on specific sites within the parish or town area where the sum originated.
(b) If it is not possible to bring forward an affordable housing site under (a) then, subject to the terms of the Section 106 Obligation, the sum to be spent elsewhere in the district with an emphasis on it being spent as close to the source parish as possible.
The Head of Community Development submitted a report (Paper H106) outlining a proposed new grants policy for the Council that underpinned the link between the new Babergh Strategic Plan and the allocation of discretionary funding from April 2009.
The report also provided information on the current allocation of grants for 2008/09 against the new strategic objectives and outlined progress on the recently adopted Business Rate Relief Policy.
RESOLVED
(1) That the Babergh Discretionary Grants Policy set out in Appendix 1 to Paper H106 be adopted.
(2) That the information in Appendix 2 to Paper H106 – ‘Funding split by Strategic Theme’ be noted.
(3) That the Business Rate Relief Update attached as Appendix 3 to Paper H106 be noted.
(a) Hadleigh
The Head of Natural and Built Environment submitted a report (Paper H107) advising members of the results of the recent public consultation on Hadleigh Conservation Area and to seek approval for the adoption of the appraisal document as non-statutory supplementary planning guidance.
RESOLVED
That the Hadleigh Conservation Area appraisal document (Appendix A to Paper H107) be adopted as non-statutory supplementary planning guidance with immediate effect.
(b) Woolverstone
The Head of Natural and Built Environment submitted a report (Paper H108) advising members of the results of the recent public consultation on Woolverstone Conservation Area and to seek approval for the adoption of the appraisal document as non-statutory supplementary planning guidance.
RESOLVED
That the Woolverstone Conservation Area appraisal document (Appendix A to Paper H108) be adopted as non-statutory supplementary planning guidance with immediate effect.
The Head of Contract and Asset Management submitted a report (Paper H109) requesting approval to budget changes within the Council’s housing revenue account in order to generate additional funding required within certain programmes in the capital programme of the housing revenue account.
RESOLVED
That approval be given to the proposed changes in the Council’s housing revenue account as detailed in the table contained in paragraph 5.4 of Paper H109.
The Head of Contract and Asset Management submitted a report (Paper H110) seeking approval to implement schemes within the Council’s housing revenue account that are ready to proceed.
RESOLVED
That expenditure from the Council’s housing revenue account be approved to carry out the proposed schemes detailed in paragraph 5.1 of Paper H110.
RESOLVED
That pursuant to Part 1 of Schedule 12A of the Local Government Act 1972, the public be excluded from the meeting for the business specified below on the grounds that if the public were present during these items it is likely that there would be the disclosure to them of exempt information as indicated against each item.
The Committee were satisfied that the public interest in maintaining the exemptions outweighed the public interest in disclosing the information.
The Head of Contract and Asset Management submitted a report (Paper H111) outlining details of option agreements with two developers in respect of two areas of Council land at Belle Vue, Newton Road, Sudbury together with an option for the Council to acquire a site by way of exchange at Francis Road, Sudbury.
It was accepted that an additional clause would be inserted under paragraph 5.6 relating to:-
The agreement shall be null and void if the Applicants or their Agents appeal the planning consent.
RESOLVED
That the Head of Contract and Asset Management be authorised to:
(a) Grant an Option to Apollo Capital Projects in respect of the Council owned land at Belle Vue, Newton Road, Sudbury, as identified edged red and hatched on the plan at Appendix 1 to Paper H111 and to dispose of the land should the Option be exercised
(b) Grant an Option to McCarthy & Stone in respect of the Council owned land at Belle Vue, Newton Road, Sudbury, as identified hatched green on the plan at Appendix 1 to Paper H111 and to dispose of the land should the Option be exercised
(c) Secure an Option for the Council to acquire the area of land at Francis Road, Sudbury, as identified edged black and hatched black on the plan at Appendix 1 to Paper H111 and to exercise such Option should McCarthy & Stone exercise the Option referred to in (b) above
in each case on terms and conditions necessary to protect the Council’s interests including valuations as recommended by the District Valuer.
Note: Mr M P Booth and Dr M R Miller voted against the recommendation referred to above and requested that this be recorded in the Minutes.
The Head of Customer Services submitted a report (Paper H112) outlining an application for discretionary rate relief from the applicants referred to in Paper H112.
RESOLVED
That the application for rate relief from the applicants referred to in Paper H112 be refused for the following reasons:-
(a) The threshold within the Council’s discretionary rate relief policy above which relief will not be granted unless there are extenuating circumstances is £7000. The rateable value of the premises is £13,750.
(b) The business does not offer any significant services or community facilities above and beyond those found in any food shop.
(c) The business is in competition with other food shops of similar size in the locality. Granting relief in isolation could distort the balance of that situation.
(d) The presence of those other food shops in the locality means that the community would not be disadvantaged if the business were to close.
(e) There is no evidence to show that the business would be lost or that the premises would no longer be used for business purposes if the applicants business were to close.
Note: Dr M R Miller voted against the decision referred to above and requested that this be recorded in the Minutes.
Note: The meeting adjourned between 11.05 a.m. and 11.25 a.m. for refreshments.
The business of the meeting was concluded at 2.00 p.m.
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Chairman
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