Agenda and minutes

Apologies for absence were received from Councillors P Clayfield, R Holland and D J Stevenson.

Members are reminded that any declaration of interest should be made having regard to the code of conduct.  In particular, members must make clear the nature of the interest and whether it is 'pecuniary' or ‘non pecuniary'.

Councillors D Everitt, T Gillard, D Howe, L Spence and R Woodward declared a non-pecuniary interest in item 12 - transfer of trusteeships to Whitwick Parish Council and Ellistown and Battleflat Parish Council, as Members of Whitwick Parish Council.

Councillor J Cotterill declared a non-pecuniary interest in item 12 - transfer of trusteeships to Whitwick Parish Council and Ellistown and Battleflat Parish Council, as a Member of Ellistown and Battleflat Parish Council.

Councillor P Hyde declared a non-pecuniary interest in item 12 - transfer of trusteeships to Whitwick Parish Council and Ellistown and Battleflat Parish Council, as the Chairman of Ellistown and Battleflat Parish Council.

The Chairman made the following announcements:

-        All those present were reminded that due to legislative changes, all meetings may now be recorded.

-        The Chairman reported that he and his consort had attended various events over the summer, including welcoming HRH Prince Richard, Duke of Gloucester, at the Ashby show.

-        All Members were invited to attend a Charity Magic Dinner which would take place on 18 September.  It was reported that tickets were almost sold out.

-        The Chairman advised that he had a busy diary of events over the autumn.  He highlighted the events planned for the Remembrance weekend and encouraged all Members to attend.

-        Congratulations were extended William and Kate on their good news on the provision of a further heir.  Councillor N Smith seconded this, and commented that the Royal Family were a tremendous asset to the country.

Members are reminded that under paragraph 11.1 of part 4 of the Constitution, questions can be asked of the Leader and Cabinet Members without notice about any matter contained in any address.  Questions shall be limited to five minutes in total for each announcement.

Councillor R D Bayliss referred to a previous announcement he had made at the March meeting regarding the Green and Decent Homes pilot scheme, and gave an update on progress to date.  He reported that of the 12 volunteer households, 4 installations had already taken place, and one alternative property was now being sought following a tenant move.  He stated that the intention of the scheme was to reduce energy costs for tenants across the district and allow the Council to see how best to maintain and improve the energy efficiency of the housing stock in future.  He added that the receipt of a feed in tariff would also support the Housing Revenue Account.  He explained that energy use would be monitored over the ensuing 12 months.  He outlined the various technologies being utilised in the pilot scheme and advised that the properties involved in the pilot were scattered throughout the district.  He hoped to have a report on the outcome over the next few months.

Councillor J Ruff welcomed the initiative and hoped for positive feedback.  She asked what would happen to the equipment after the pilot had concluded; would the equipment be removed or made available to tenants for purchase.

Councillor R D Bayliss responded that the equipment would not be removed, and if the pilot scheme was successful, it would hopefully lead to further installations.  He added that the scheme had been led by officers and tenants, and there had been a great deal of enthusiasm for it.

Councillor A V Smith stated that she would like to clarify the point she made in the Council meeting of 1 July 2014 regarding this Council’s position on Leicestershire County Council’s proposals for Snibston Discovery Park and to apologise for any confusion caused by her statement and subsequent press release.  She clarified that the intention of her statement was that, should the proposals for Snibston go ahead, North West Leicestershire District Council would encourage the development of a local mining museum on the site, as we had knowledge that it would be valued.  She apologised unreservedly for any misunderstanding and hoped that this statement clarified the situation for the wider community regarding her previous statement at Council and the subsequent press release.

Councillor A V Smith extended congratulations to Gemma Steele on her remarkable achievement in the Great North Run.  She reported that Gemma had placed second, knocking 2 minutes off her personal best time.  She added that Gemma was now the third fastest British woman of all time at this distance.  She commended Gemma on her fantastic achievement and hoped that she had her sights set on the Rio Olympics.

Councillor A V Smith announced that for the third year running, the RSPCA had awarded the Council a ‘gold footprint’ award for the high quality manner in which the Council handles stray dogs.  She expressed congratulations to all staff involved.

Councillor J Legrys welcomed the apology from Councillor A V Smith, the Chief Executive and the Monitoring Officer  ...  view the full minutes text for item 29.

To receive questions from members of the public under procedure rule no.10.  The procedure rule provides that members of the public may ask members of the Cabinet any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Support Services.

There were no questions received.

To receive members’ questions under procedure rule no.11.  The procedure rule provides that any member may ask the chairman of a board or group any question on any matter in relation to which the Council has powers or duties which affect the District, provided that three clear days’ notice in writing has been given to the Head of Legal and Support Services.

Councillor D Everitt put the following question to Councillor R D Bayliss:

“People desperate for accommodation and on NWLDC housing waiting list are upset and angered to find many vacant properties empty with no work taking place. I like other Council tax payers are appalled at the revenue that is being lost to this council by this unacceptable situation. Please state which three properties have been vacant for the longest period and when you expect them to be let.

How much revenue was lost to this council this month from empty properties”.

Councillor R D Bayliss gave the following response:

“There are currently a higher number of properties empty which require considerable work to bring them up to the void lettable standard, a standard we have developed with our involved tenants.  For those properties included in the Decent Homes Improvement Programme, we have been undertaking the works whilst the properties have been empty to minimise the disruption for new tenants and maximise the funding from the Homes and Communities Agency.

Our void turnover as a percentage of our stock is 8% which is slightly lower than the housing sector average of 10%.  At 1 September 2014, there were 270 properties vacant, with the respective details being as follows.

56 are currently undergoing repair works prior to them being offered for reletting through the Choice Based Letting (CBL) advertising process.  This includes properties requiring extensive damp, and/or asbestos work which is completed by specialist contractors.

38 are with Kier or Lovell undergoing Decent Homes improvements.

21 are awaiting inspection either prior to repairs being ordered, or prior to them being advertised for letting after repairs are completed.

57 are with Housing Management and are moving through the process of being advertised and let to new tenants.

98 are in Sheltered Housing Schemes with no demand from eligible home seekers (these include Greenacres, Wolds Court and Westgates schemes).

The three properties which have been vacant for the longest period are:

·        13 Woulds Court

·        21 Greenacres

·        13a Hood Court

In 2011 the Housing Service completed a review of the corridor style sheltered housing scheme to assess the investment needs and levels of demand for all of the buildings. Three schemes were subsequently identified as being surplus to requirements and in July 2011, Cabinet approved the recommendation for the schemes to be decommissioned.  The three schemes were Woulds Court, Greenacres and Heather House. 

Two of the properties which have been vacant for the longest period are within a decommissioned scheme (13 Woulds Court and 21 Greenacres). 13a Hood Court is a very small bedsit flat for which there is no demand from any eligible elderly applicants.

Our approach to the future of our empty and low demand sheltered housing schemes has been developed and will be reviewed by the Director of Housing when he joins the team later this month.

The amount of rent loss for August was £43,162.08 which equates to 3.2% of the gross rent.  An allowance is made within  ...  view the full minutes text for item 31.

To receive petitions in accordance with the Council’s Petition Scheme. 

No petitions were received.

To confirm the minutes of the meeting of the Council held on 1 July 2014

Consideration was given to the minutes of the meeting held on 1 July 2014.

Councillor T Neilson referred to minute number 23 and the debate on the motion in respect of minimum size of vehicular garages on new developments.  He felt that the comment made by Councillor D J Stevenson had not been accurately reflected as he did not believe the word ‘often’ had been used.  He stated that he had submitted a complaint regarding this matter and was pleased that Councillor D J Stevenson had agreed to apologise at the next meeting.  He asked if Councillor R Blunt would be prepared to give an apology on his behalf at this meeting in his absence.

Councillor R Blunt responded that whilst Councillor T Neilson might speak on behalf of his own Members, he would allow his Members to speak for themselves.  He commented that sometimes members of the both political groups said things that the leaders did not agree with.  He stated that Councillor D J Stevenson had agreed to apologise at the next meeting and therefore it was a matter for him to do so. 

Councillor T Neilson moved that the minutes be amended to accurately reflect Councillor D J Stevenson’s statement at minute number 23 by removing the word ’often’. 

The motion was seconded by Councillor J Legrys.

Upon being put to the vote, the motion was declared LOST.

Councillor L Massey sought clarification on the legal position in respect of leaving a statement in the minutes that was inaccurate.

The Chairman clarified that the minutes were taken at the last meeting by the Democratic Services Officer and it was a matter for Members to determine the final minutes.

Councillor J Geary commented that Councillor D J Stevenson had agreed to apologise for his statement, but now Members were voting to agree that he did not make that statement.

The Monitoring Officer clarified that Members were debating the exact wording used; Members had been asked to vote on the removal of the word ‘often’, and if the majority of Members agreed that that word should remain, this would determine the formal minutes.  She added that whilst the complaints process was intended to be confidential, and therefore care was needed in terms of the level of detail that was discussed, there was some discrepancy about what had been said.  Notwithstanding that, Councillor D J Stevenson had agreed to apologise, and this was a separate issue to agreeing the minutes.

It was moved by Councillor G Jones, seconded by Councillor G A Allman and

RESOLVED THAT:

The minutes of the meeting held on 1 July 2014 be approved and signed by the Chairman as a correct record.

Report of the Director of Services

Presented by the Housing Portfolio Holder and the Corporate Portfolio Holder

Councillor R D Bayliss presented the report to Members, drawing their attention to the previous reports to Cabinet and the proposal to fund the additional non-decent homes.

Councillor N J Rushton commended Councillor R D Bayliss and commented that he was exceedingly proud of what had been achieved, as the housing stock had been the worst in the country run by the worst administration. 

Councillor J Ruff thanked Councillor R D Bayliss for the update.  She welcomed the investment in housing, particularly as waiting lists were increasing.  She stated that the problem was that the assessment had not been thorough enough, and if it had been done properly, this cost could have been avoided.  She commented that it was Labour who had introduced the Decent Homes standard, whilst the Conservatives had pushed forward the right to buy scheme, resulting in fewer homes being available.  She stated that empty council properties was also a major concern with figures showing an increase.  She added that the welfare reform had played a massive role in this.  She commented that when you read the reports, customer satisfaction with the Decent Homes Improvement Programme was almost perfect, however when you spoke to tenants, they said that the focus was on getting the work done as quickly as possible.  She added that there was poor workmanship in many areas of the district and she hoped that the remaining properties would be improved in this respect.

Councillor L Spence commented that this Council had done a lot of good, but the truth was a lot of mistakes had been made.  He stated that the Labour Group were usually on hand to provide good counsel, which unfortunately had not been listened to.  He felt that this ranked as one of the worst mistakes, as the desktop exercise had been completely flawed, with £600,000 in funding being claimed that the Council was never entitled to, and other homes that were eligible which could have been claimed for.  He questioned whether these figures could be trusted given the track record on this issue.  He referred to the high level of customer satisfaction stated in the report, and that Members were all too familiar with the disaster stories.  He stated that three and a half years later, hundreds of homes requiring improvement were coming to light.  He commented that this was inept and nothing short of incompetence.

Councillor J Legrys thanked the Head of Housing for providing an excellent presentation on this issue.  He commented on the total lack of attendance from the Members of the Conservative Group, with the exception of the Portfolio Holder.  He added that the Administration obviously took things as written but did not check the information.  He referred to one of his constituents who had been waiting 2 years for works to her property and another who had had 26 visits, and commented what a legacy this was.  He stated that tenants were becoming angry and frustrated.

Councillor D De Lacy stated that £3,000,000 was a  ...  view the full minutes text for item 34.

Report of the Director of Services

Presented by the Regeneration and Planning Portfolio Holder

Councillor T J Pendleton presented the report to Members, highlighting the progress made in aiding the preparation of the Local Plan.  He added that the Council was currently meeting the target identified by the SHMA in terms of housing need.  He thanked all involved for their work so far.

Councillor J Legrys commented that he welcomed the intervention of the Chairman of the Local Plan Advisory Committee to facilitate excellent debate, and added that the last meeting was perhaps the best he had ever attended at the Council.  He made reference to the discussion that would be taking place at the Cabinet meeting on 23 September regarding an additional 4,000 homes at Bardon.  He stated that this authority had spent £40,000 to develop a SHMA, which was an excellent piece of work.  He commented that with the planning applications already granted, there would only be an additional 1,500 homes required up until 2031, which would make a mockery of the work being done by the Local Plan Advisory Committee.  He questioned why the authority was bothering to develop a Local Plan when the Economic Growth Strategy pre-empted it.

Councillor A C Saffell pointed out that there had been four meetings of the Committee so far; three of which were mentioned in the report.  He sought clarification regarding the other two meetings.  It was clarified that the minutes were not available at the time of the production of the agenda.

Councillor R Blunt thanked Councillor J Legrys for his comments on the work of the Chairman of the Local Plan Advisory Committee.  He made reference to the amount of work involved and added that it was fortunate that the Chief Executive had taken the lead on a county basis.  He commented that the process was torturous, however the authority was heading in the right direction.  He thanked Councillors J Legrys, J Bridges and C Large for their hard work.

Councillor T Pendleton stated that he was delighted to accept the fact that £40,000 was well spent on delivering the SHMA.  He commented that he was surprised that the lead Member for Planning had not got his facts right.  He clarified that the whole housing market was led by market forces, and the only way to meet the housing requirement was through completed applications, as planning permissions did not count towards the totals.  He stated that it was necessary to ensure there was a buffer, and this did not negate the Local Plan, but gave even more focus to delivering enough sites to fulfil the housing need.  He commented that there were only a handful of Members who had not voted in favour of the Local Plan.

It was moved by Councillor T J Pendleton, seconded by Councillor R Blunt and

RESOLVED THAT:

a)      The minutes of the Local Plan Advisory Committee of 18 March 2014 and 29 April 2014 be received and noted;

b)      The recommendations of the Local Plan Advisory Committee of 3 June 2014 as set out in paragraphs  ...  view the full minutes text for item 35.

Report of the Head of Legal and Support Services

Presented by the Corporate Portfolio Holder

Councillor N J Rushton introduced the report which was then presented by Councillor R D Bayliss. 

Councillor R D Bayliss stated that the Housing department as it now stands would have been a housing association, had history been different.  He advised that in view of the increase in workloads and the current situation, the Chief Executive had decided to make his appointment, and Members were being asked to approve the technical changes required to the Constitution.

Councillor N J Rushton commented that the appointment demonstrated the commitment to the Housing service going forward.

Councillor N Clarke noted that Members were simply being asked to make a change to the Constitution, however he stated that he would like to understand in greater detail why this post was required at this time.

Councillor R D Bayliss stated that the reasons were as set out in the report; there was an increasing workload and many strategic issues at this time.  He emphasised that this was an interim appointment for 18 months, and it would be decided at that point whether the post was required permanently.

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

RESOLVED THAT:

a)      The decision to appoint an interim Director of Housing be noted.

b)      The proposed changes to the scheme of delegation to be implemented on the appointment of the interim Director of Housing be agreed.

c)      The Head of Legal and Support Services be authorised to make the agreed amendments to the scheme of delegation in the Constitution and the consequential amendments arising and re-issue the document.

Report of the Head of Finance

Presented by the Corporate Portfolio Holder

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

RESOLVED THAT:

a)     The Council agrees to transfer the trusteeship of the Whitwick Park (King Georges Field) to Whitwick Parish Council

b)     The Council agrees to transfer the trusteeship of the Hugglescote Recreation Ground to Ellistown and Battleflat Parish Council