Meeting documentation

Meeting documents

Cabinet
Tuesday, 23rd July, 2013 5.00 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 APOLOGIES FOR ABSENCE
None received.
 
2 DECLARATION OF INTERESTS
Councillor R Blunt declared a disclosable pecuniary interest in item 13 - High Speed Rail Phase 2 - Update on Consultation, as a landowner on the proposed route.
 
3 PUBLIC QUESTION AND ANSWER SESSION
None received.
 
4 MINUTES
Minutes of the Meeting held on Tuesday, 5th March, 2013
Consideration was given to the minutes of the meeting held on 5 March 2013.

It was moved by Councillor R Blunt, seconded by Councillor A V Smith and
  • Minutes
RESOLVED THAT:

The minutes of the meeting held on 5 March 2013 be approved and signed by the Chairman as a correct record.

Reason for decision: To comply with the Constitution.
5 EFFECTIVE ASSET MANAGEMENT - REVIEW OF LEASES AND LICENCES
The Corporate Portfolio Holder presented the report to Members. He thanked Policy Development Group and particularly Councillor J Legrys for the work they had undertaken on this matter. He gave reassurance to Members that any future matters for reconsideration would be dealt with as expeditiously as possible. He advised Members that he had been assured that the recommendations were sound.

Councillor R Blunt echoed Councillor N J Rushton's comments regarding the work of the Policy Development Group and the opposition, who had raised the issue very effectively. He added that this was still a work in progress and he sincerely hoped there would be a positive outcome and it would be considered that the Council had been fair to all.

It was moved by Councillor N J Rushton, seconded by Councillor R D Bayliss and
RESOLVED THAT:

a) It be confirmed that all land being accessed is owned by the Council.

b) It be confirmed that the Council's permission is required to gain access over this land.

c) Officers take the necessary actions set out in paragraph 3 of the report to Policy Development Group on 23 May 2013 to formalise access arrangements with regard to the 183 properties identified as being relatively straightforward to deal with;

d) Consultation be undertaken regarding the remaining properties where Ward Members had provided additional information and that authority be delegated to the Head of Finance to take the appropriate action following consultation with the Corporate Portfolio Holder.

e) Where licences are required, a £35.00 charge be applied for both domestic and non-domestic properties.

Reason for decision: To give the District Council the opportunity to control the use of its assets and formalise any access rights granted. To also give the District Council the opportunity to prevent issues of land sterilisation and ensure that residents using the Council's land who have the benefit of a licence are treated equitably in terms of the fee.
6 DELIVERING GROWTH AND PROSPERITY IN COALVILLE: COUNCIL LOAN OPPORTUNITIES TO SECURE ESSENTIAL UP FRONT INFRASTRUCTURE FUNDING
The Regeneration and Planning Portfolio Holder presented the report to Members, outlining the proposals in respect of the loans from the Growing Places Fund Round 2 programme which would secure progress for Coalville and enable the link road. He stated that this proposal was quite groundbreaking, as the funds would be used as 'seedcorn' funding to promote regeneration in Coalville. He added that there were risks associated with the loans as they were interest free for three years, but would then accrue interest, the payments for which may need to be met from reserves if no developers came forward and there were no plans to build to support the infrastructure. He added that this was unlikely and he felt that that this was an excellent method of promoting regeneration in Coalville.

Councillor N J Rushton stated that this was a good opportunity as it provided the Bardon link road and work to the A42. He referred to additional works which would also have to be undertaken in the longer term.

It was moved by Councillor T J Pendleton, seconded by Councillor A V Smith and
RESOLVED THAT:

Council be recommended to:

a) Agree to accept the Leicester and Leicestershire Enterprise Partnership Growing Places Fund round 2 loan (GPF) for up to £150,000 towards A42, junction 13 improvements;

b) Agree to accept in principle the Leicester and Leicestershire Enterprise Partnership Growing Places Fund round 2 loan (GPF) for up to £1.6 million towards the Bardon link road but not to take up this loan until a further report can be considered by Council clarifying whether a compulsory purchase order may be required to deliver the link road and whether the GPF loan can be used for that purpose.

In addition, it was RESOLVED THAT:

c) Authority be delegated to the Head of Finance in consultation with the Corporate Portfolio Holder to negotiate and enter into formal loan arrangements with Leicester and Leicestershire Enterprise Partnership to draw down the A42 project GPF loan offer and to include the project expenditure in the Capital Programme;

d) An earmarked reserve of £175,000 be established as a contingency for up to two years' interest charges should the LLEP loans not be repaid within the defined payback period.

e) Further to the recommendation in the 15 January 2013 Cabinet report, infrastructure payments be prioritised over other contributions from S106 agreements, so far as is permissible so that those monies will be ringfenced to repay the loan to the LLEP.

Reason for decision: To seek the necessary approvals from Cabinet and Council to put financial arrangements in place to progress the development of significant highway infrastructure, part of which may be funded through loans to the Council from the Growing Places Fund Round 2 Programme via the Leicester and Leicestershire Enterprise Partnership (LLEP).
7 DELIVERING GROWTH AND PROSPERITY IN COALVILLE
The Regeneration and Planning Portfolio Holder presented the report to Members, outlining the proposal to relax the affordable housing element of Section 106 Agreements. He stated that it was not recommended that the Council should accept a lower Section 106 contribution unless it proved necessary to do so. He added that however this would lessen the requirement, to ensure that the appropriate infrastructure was in place in Coalville. He referred to the consultation process as outlined at Appendix 1 to the report.

Councillor R D Bayliss stated that the proposal would not abandon affordable housing but would prioritise the infrastructure requirements. He added that the conditions surrounding Section 106 Agreements could be altered in future as required.

Councillor R Blunt stated that alternative means of trying to increase the level of affordable housing had been discussed as the waiting list had increased. He added that he hoped to see some options in this respect as developers could not be asked to build affordable housing as well as supporting the infrastructure.

It was moved by Councillor T J Pendleton, seconded by Councillor R D Bayliss and
RESOLVED THAT:

a) The responses to the consultation be noted;

b) The Council's response to the comments received as part of the consultation be agreed;

c) The revised policy as set out at appendix 3 be approved as the Council's approved policy;

d) It be agreed that for major developments in Coalville (as defined in the policy), the Planning Committee be asked to consider the policy through Section 106 Agreements; and

e) Planning Committee be recommended, where appropriate, to prioritise the requirement for highways infrastructure contributions in Coalville above affordable housing contributions where such contributions are necessary, in accordance with the policy.

Reason for decision: To assist in unblocking development in Coalville.
8 DECORATION ALLOWANCE SCHEME
The Housing Portfolio Holder presented the report to Members, outlining the proposal to provide tenants with decorating packs rather than vouchers. He stated that this would save money and time, and was vastly more convenient for tenants. He added that the proposal carried the approval of the Tenants Consultative Group.

Councillors T J Pendleton and R Blunt welcomed the scheme, particularly as it had the support of tenants.

It was moved by Councillor R D Bayliss, seconded by Councillor T J Pendleton and
RESOLVED THAT:

a) The tender process selected for the decoration allowance scheme be noted; and

b) Authority be delegated to the Director of Services to award the decoration allowance scheme contract, in accordance with evaluation criteria to be agreed by the two officers.

Reason for decision: The level of potential expenditure exceeds the authority threshold in the Scheme of Delegation.
9 PROPOSED COUNCIL DELIVERY PLAN 2013-14
The Leader of the Council presented the report to Members. He highlighted the change of style which had been implemented following the abolition of the Audit Commission. He drew Members' attention to the reviewed priorities for the forthcoming year and the draft plan at Appendix 1 to the report.

Councillor A V Smith commended the plan.

It was moved by Councillor R Blunt, seconded by Councillor A V Smith and
RESOLVED THAT:

a) The proposed Council Delivery Plan for 2013/14 be endorsed and recommended to Council for approval on 18 June 2013.

b) The Chief Executive, in consultation with the Leader of the Council, be authorised to make any final amendments to the plan prior to Council on 18 June 2013.

Reason for decision: To endorse the Council Delivery Plan for 2013/14 prior to Council's consideration
10 ENVIRONMENTAL HEALTH - FOOD SAFETY SERVICE DELIVERY PLAN 2013/14
The Community Services Portfolio Holder presented the report to Members, drawing their attention to key achievements in 2012. She highlighted that 100 per cent of high risk premises had been inspected, and food hygiene compliance had increased. She explained that the draft plan continued to focus resources on high risk establishments. She urged Members to check the scores on the doors and thanked the Environmental Health officers for their hard work.

Councillor R Blunt expressed the importance of hygiene compliance and commended the policy in respect of focussing on the lowest scoring premises.

It was moved by Councillor A V Smith, seconded by Councillor T Gillard and
RESOLVED THAT:

a) The Environmental Health Food Safety Service Delivery Plan 2013/14 appended to this report be approved

b) The performance and achievements in 2012/13 be noted

Reason for decision: To approve the content of the Food Safety Service Delivery Plan 2013/14 as required by the Food Standards Agency.
11 MEDIUM TERM FINANCIAL STRATEGY (MTFS) 2014/15 TO 2017/18
The Corporate Portfolio Holder presented the report to Members, drawing their attention to the 24 per cent budget saving required over the coming years. He referred to the comprehensive spending review which would be undertaken shortly. He added that this would be a difficult period financially as either money would have to be saved or funds raised by increasing fees and charges. He referred to the planned increase in Council Tax of 1.5 per cent. He stated that it was hoped Town and Parish Councils would take over some functions, however this would only be possible if they could deliver the service at less cost.

Councillor T J Pendleton commended the report, stating that it was tough but prudent.

Councillor R Blunt stated that each Portfolio Holder would need to consider their services and the manner in which they were delivered.

It was moved by Councillor N J Rushton, seconded by Councillor R Blunt and
RESOLVED THAT:

The Medium Term Financial Strategy as outlined in this report be approved and the outline revenue budget timeline for the 2014/15 budget be noted.

Reason for decision: It is a requirement that Councils establish a medium term financial plan as well as setting a balanced budget.
12 SUPERFAST BROADBAND
The Business Portfolio Holder presented the report to Members. He thanked officers for the work they had done and highlighted the good news in the report. He sought support from Cabinet to ensure businesses and residents are afforded every opportunity to benefit from improved broadband access. He added that by working in partnership with Leicestershire County Council and other District Councils, full advantage could be taken of the Government's investment and commitment to the programme. He explained that North West Leicestershire was relatively well served, however there were area of District that were not well served.

It was moved by Councillor T Gillard, seconded by Councillor R Blunt and
RESOLVED THAT:

a) The work undertaken by the Chief Executive in relation to the county-wide superfast broadband programme be noted.

b) Authority be delegated to the Director of Services in consultation with the Business Portfolio Holder to commit £54,000 from the Value for Money reserve to the programme.

c) Authority be delegated to the Director of Services to conclude and sign the collaboration agreement on behalf of the Council.

Reason for decision: The proposed commitments exceed the thresholds in the Scheme of Delegation and so delegated authority is requested to facilitate the Council's involvement in the programme.
13 HIGH SPEED RAIL PHASE 2 - UPDATE ON CONSULTATION
Having declared a disclosable pecuniary interest, Councillor R Blunt left the room during consideration of this item and took no part in the discussion or voting thereon.

Councillor A V Smith took the chair during consideration of this item.

The Community Services Portfolio Holder presented the report to Members, drawing their attention to the Council's response to the consultation in respect of the hardship scheme at Appendix 1 to the report, and outlining the consultation process that was being undertaken. She added that the Council had expressed support for the principal of the scheme but had reservations regarding the criteria. She reported that HS2 would be undertaking consultation events in the District over the summer months. She explained that the Council would provide support for the publicity of the event, but had concerns regarding the timing.

It was moved by Councillor A V Smith, seconded by Councillor T J Pendleton and
RESOLVED THAT:

The consultation response of the Chief Executive to the proposed HS2 exceptional hardship scheme be noted.

Reason for decision: To note the Chief Executive's consultation response relating to the
proposed High Speed Rail Phase 2 Exceptional Hardship Scheme.
14 SUPPORTING NORTH WEST LEICESTERSHIRE FAMILIES
The Regeneration and Planning Portfolio Holder presented the report to Members. He stated that the reports being received regarding the benefits of the scheme were second to none and some troubled families had benefitted tremendously. He explained that the purpose of the report was to delegate authority to the Chief Executive to become a signatory to the scheme. He added that the scheme was groundbreaking and would make a real difference.

Councillor R D Bayliss commented that this project was closely allied to much of the work undertaken by the Housing department.

Councillor R Blunt echoed these comments. He stated that if the project was a success, it would change the way of thinking in terms of helping people in a joined up way. He added that this was an outstanding initiative.

It was moved by Councillor T J Pendleton, seconded by Councillor R D Bayliss and
RESOLVED THAT:

a) The on-going development of the Supporting Families programme in North West Leicestershire be noted and supported.

b) Authority for the signing of the statement of commitment with Leicestershire County Council be delegated to the Chief Executive.

Reason for decision: To ensure Cabinet is kept up to date with on-going service developments.
15 2012/13 QUARTER 4 PERFORMANCE MANAGEMENT REPORT
The Leader of the Council presented the report to Members, drawing their attention to the key performance highlights over the past year.

Councillor R D Bayliss referred to the work of the Tenants Scrutiny Panel and gave an update on the review of former sheltered housing schemes.

Councillor T J Pendleton highlighted the performance of the Planning Department, which had worked hard to exceed targets.

Councillor R Blunt thanked the Planning officers and commended their achievement.

It was moved by Councillor R Blunt, seconded by Councillor R D Bayliss and
RESOLVED THAT:

The Quarter 4 Performance Report (January - March 2013) be received and noted.

Reason for decision: The Quarter 4 Performance & Finance Report is provided for Members to effectively monitor the organisation's performance.
16 MINUTES OF THE COALVILLE SPECIAL EXPENSES WORKING PARTY
The Community Services Portfolio Holder presented the report to Members. She thanked the Members of the Working Party for their excellent work and referred to the planned events, including Coalville Twenty13.

It was moved by Councillor A V Smith, seconded by Councillor R D Bayliss and
RESOLVED THAT:

The recommendations made by the Coalville Special Expenses Working Party as detailed within the minutes of the meeting on 16 April 2013 be approved.

Reason for decision: To progress Coalville Special Expenses projects and programmes.
17 EXCLUSION OF PRESS AND PUBLIC
RESOLVED THAT:

In pursuance of Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the remainder of the meeting on the grounds that the business to be transacted involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Act and that the public interest in maintaining this exemption outweighs the public interest in disclosing the information.

Reason for decision: To enable the consideration of exempt information.
The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.
18 EXEMPTION TO COUNCIL'S CONTRACT PROCEDURE RULES - HOUSING
The Corporate Portfolio Holder presented the report to Members.

There were no comments or questions on the report.

It was moved by Councillor N J Rushton, seconded by Councillor T J Pendleton and
  • (Attachment: 14)Report of the Chief Executive
RESOLVED THAT:

The report be noted.

Reason for decision: The CPR require that the exercise of the Statutory Officers' discretion to apply exemptions is reported to Cabinet.
Published on Monday, 17th June, 2013
The meeting commenced at 5.00pm.

Having declared a disclosable pecuniary interest, Councillor R Blunt left the meeting during consideration of item 13 - High Speed Rail Phase 2 - Update no Consultation. He returned to the meeting immediately following the conclusion of the voting on this item.

The Chairman closed the meeting at 5.39pm.

Attendance Details

Present:
Councillor R Blunt (Chairman) (In the Chair).

Councillors R D Bayliss, T Gillard, T J Pendleton, N J Rushton and A V Smith.

In attendance: Councillors R Adams, D Everitt, P Hyde, R Johnson, J Legrys and S Sheahan.

Officers: Mr S Bambrick, Mr R Bowmer, Ms C E Fisher, Mrs M Meredith and Miss E Warhurst.