CABINET
Minutes of the Meeting held on Thursday, 14th July 2016 at Worksop Town Hall
Present:Councillor J White(Vice in Chair),
Councillors K Dukes, J Evans,J A Leigh,S Scotthorne andS Shaw.
Advisory Member:None
Liaison Members:Councillors H Burton and D G Pidwell.
Officers:D Armiger, B Alderton-Sambrook, T Bannister (Agenda Item No. 10(b) only), S Brown, J Hamilton,M Hill, L Prime, R Theakstone and S Wormald.
(The meeting opened at 6.30pm.)
(The Chair welcomed all to the meeting,and read outthe Fire Evacuation Procedure, and enquired as to whether any member of the public or press wished to film/record the meeting or any part thereof; however, although there were fourmembers of the public present, this was not taken up.)
24.QUESTION TIME - PUBLIC
Council Procedure Rules were suspended for fifteen minutes to allow questions from the public. There were four members of the public present but no questions were asked.
25.APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors H M Brand,S A Greaves,K H Isard andT Taylor;also N Taylor, Chief Executive.
26.DECLARATIONS OF INTEREST BY MEMBERS AND OFFICERS
(a)Members
There were no Declarations of Interest by Members.
(b)Officers
There were no Declarations of Interest by officers.
27.MINUTES OF THE MEETINGS HELD ON 7TH, 21ST AND 30TH JUNE 2016
RESOLVED that the Minutes of the meetings held on 7th, 21st and 30th June 2016 be approved.
28.MINUTES FOR ACTION AND IMPLEMENTATION
RESOLVED that the Minutes for Action and Implementation be received.
29.OUTSTANDING MINUTES LIST
RESOLVED that the Outstanding Minutes List be received.
30.FORWARD PLAN
RESOLVED that the Forward Plan be approved.
SECTION A – ITEMS FOR DISCUSSION IN PUBLIC
Key Decisions
31.REPORT(S) OF THE CABINET MEMBER – POLICY, STRATEGY AND COMMUNICATIONS – COUNCILLOR S A GREAVES
(a)Performance Indicator Outturn Report 2015/16 (Key Decision No. 578)
(The report was presented by Councillor J White in the absence of Councillor S A Greaves.)
Members were presented with the end of year analysis of the Performance Indicator Outturn for 2015/16 and asked to consider the analysis of the Council’s performance in 2015/16 and how this compares to previous years; also to agree any further actions to be taken in areas of poor performance.
In previous years this report has focussed on the entire indicator set monitored by the Authority through our performance management framework. It was agreed that for 2015/16, this should be revised to focus on statutory performance standards and ‘required returns’ to Government as noted on the Single Data List. This provides Cabinet with a streamlined report focussed on core responsibilities which the Council has a duty to deliver on.
Cabinet Members commented on those areas which are under-performing and gave reasons for this; also action to be taken to remedy the poor performance.
Options, Risks and Reasons for Recommendations
In presenting performance reports to Cabinet, it is ensured that Portfolio-holders take responsibility and are committed to ensuring the Council is properly managing corporate performance.
Effective monitoring of performance allows the Council to respond to both under-performance and over-performance. The risk associated with the failure of this monitoring is that poor performance may be adversely affected without regular scrutiny.
RESOLVED that:
- The Performance Indicator Outturn Report for 2015/16 be noted.
- Further action required to address areas of performance that are currently off target be agreed.
32.REPORT(S) OF THE CABINET MEMBER – FINANCE – COUNCILLOR JUNE EVANS
(a)Proposed Sale of Land at Broad Gores, Clarborough (Key Decision No.583)
Members’ approval was sought for the sale of part of the site, as shown on the map appended to the report, on the open market and the transfer of the remaining land to Clarborough and Welham Parish Council.
The land is identified in the emerging Neighbourhood Plan currently being prepared for the Parish of Clarborough and Welham. The Neighbourhood Area was designated by the Council on 12th December 2013. The full extent of the Council’s ownership comprises 9.2 acres. 3.9 acres is recommended for sale for residential development. The remaining 5.3 acres is recommended for transfer to the Parish Council to use the land as public open space. This includes two areas of land fronting the Chesterfield Canal for which there will be an option to take back this land at no cost to the Council should the land be required for boat moorings at a future date.
Cabinet Members commented that this is a good example of an outcome from a Neighbourhood Plan and that non-parished areas should be encouraged to develop them as they engage residents in the development of their area.
Options, Risks and Reasons for Recommendations
Cabinet has two options in relation to this site.
Option One – To do nothing and retain the land as is – this option is not recommended.
Option Two – To sell part of the site and transfer the remaining area to Clarborough and Welham Parish Council. Selling part of the land for residential development will provide the Council with a worthwhile capital receipt and provide new housing for the area. The transfer of the remaining land to the Parish Council will ensure that the amenity land is maintained and divests the Council of an ongoing maintenance and management responsibility.
RESOLVED that, subject to the Neighbourhood Plan being adopted:
- The Property Manager be authorised to dispose of the land identified for residential development on the open market.
- The Property Manager be authorised to agree terms with Clarborough and Welham Parish Council for the transfer of the remaining land. This will be subject to conditions that will ensure that the land is used for amenity purposes, together with allowing the Council the option to take back the part of the site adjoining the Chesterfield Canal should this be required for canal boat moorings at some future date.
33.REPORT(S) OF THE CABINET MEMBER – REGENERATION – COUNCILLOR J WHITE
(a)Retford Intervention Strategy Update (Key Decision No. 542)
Members were provided with an update on progress of the Retford Intervention Strategy and approval was sought to progress work on a Compulsory Purchase Order for one of the key sites detailed within the Plan, using the Council’s statutory powers of compulsory purchase to assist with the redevelopment of a derelict site at Beardsall Row, Retford.
The property known locally as Beardsall Row, constitutes number 26-28 Grove Street and is a Grade II listed building in the Retford Conservation Area. The building is considered to be at risk due to its poor condition and lack of use. The building is a long standing eyesore in the town having been vacant and in a dilapidated condition for over 40 years. Planning permission and listed building consent was granted in 2012 for restoration and conversion of the building into 8 flats and 3 retail units; however, the current owner has not implemented these permissions and they are no longer extant. Currently there are no proposals to restore the property and the property has been on the market since late 2015.
There is no legal duty for owners of listed buildings to maintain their property; it falls to the local authority to ensure that owners keep them in good repair and in some cases there is the need to use enforcement powers under the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, or the Building Act 1984.
Options, Risks and Reasons for Recommendations
Whilst it is possible not to progress further work on this project, it is considered that to do so could lead to a decline in the town centre and would not support the aims of the Corporate Plan. In addition, given the protracted discussions in relation to the Beardsall Row property, it is considered that the Council has no option but to use its Compulsory Purchase powers to bring forward the restoration of this building.
RESOLVED that:
- The progress to date on the Intervention Strategy for Retford town centre be noted.
- Cabinet is minded to use its powers of compulsory purchase under Section 226(1)(a) of the Town and Country Planning Act 1990 to facilitate the timely regeneration of the premises at 26-28 Grove Street (Beardsall Row), Retford, utilising a back-to-back agreement as detailed within the report.
(b)Approval for Public Consultation on Initial Draft Local Plan (Key Decision No. 543)
Members’ approval was sought for the principle of public consultation on the Initial Draft Bassetlaw Plan (the new Local Plan) and agreement was sought for the final content of the consultation paper to be agreed by the Portfolio-holder for Regeneration.
Members were advised that the Statement of Community Involvement will be presented to Cabinet in September 2016 and a briefing will be given to all Members in August to keep them fully informed and involved.
Options, Risks and Reasons for Recommendations
If approval is not given for consultation on the initial draft Bassetlaw Plan, the Council will be unable to develop an overarching strategy for the future growth and development of Bassetlaw. The local authority will then be unable to resist ad-hoc planning applications that will not necessarily be in the interest of the wider communities. Neither will the Council be able to drive focused regeneration or renewal of local areas in need of investment; or conversely, protect those areas of Bassetlaw where continued unconstrained growth will have a detrimental impact on their social and environmental quality.
If the progression of the Bassetlaw Plan is not made by undertaking this consultation, the Council will not be able to meet the requirements of the Planning and Compulsory Purchase Act 2004 (as amended) or the 2012Town and Country Planning Regulations (as amended).
The content of the consultation paper will be revised in the lead up to this consultation. If this content cannot be agreed by the Portfolio Holder for Regeneration and is instead required to be brought to a future Cabinet, the scheduled consultation will be delayed. This will create subsequent impacts on the overall development of the new Local Plan for Bassetlaw and will delay its final adoption.
It is therefore recommended that the principle of this public consultation is supported and agreement is given for the final content of the consultation paper to be agreed by the Portfolio Holder.
RESOLVED that:
- Thanks be recorded to T Bannister, Principal Planner, and the wider Planning Policy Team for their excellent work to date on the Bassetlaw Plan.
- The principle of public consultation on the Initial Draft Bassetlaw Plan be approved.
- The final content of the Initial Draft Bassetlaw Plan consultation paper be agreed by the Portfolio-holder for Regeneration subsequent to a Member briefing session.
Other Decisions
34.REPORT(S) OF THE CABINET MEMBER – FINANCE – COUNCILLOR J EVANS
(a)Local Authority Mortgage Scheme – Annual Report 2015/16
Members were updated on the final position of the Local Authority Mortgage Scheme as at the end of the 2015/16 financial year.
The Local Authority Mortgage Scheme is an initiative that was launched in September 2013 to encourage first time house buyers to step onto the property ladder. This scheme enabled first time buyers to get a mortgage with only a 5% deposit, the Council would indemnify a further 20% of the mortgage, leaving the mortgagee attracting the more beneficial rates associated with a 75% loan. The mortgagee would still be liable to repay the 95% mortgage in full, which would be included in the monthly payments over the term of the mortgage; however this would be at the lower preferential rates. The Council will only be liable for the indemnified 20% amount, should the mortgagee default.
Bassetlaw has set up two schemes: a cash-backed scheme with Lloyds Bank, and a non cash-backed scheme with Mansfield Building Society.
With Lloyds Bank, 14 mortgages have been completed, with a total value of £1,165,015 which equates to a £216,528 liability to the Council in terms of the amount indemnified. There is currently one further mortgage under offer and two further applications that have been made, which have not yet had offers made on them. This means that at 31st March 2016 there is a total liability to the Council of £249,878 should all applications turn into offers, and all offers be accepted. Therefore there is still a balance of £750,122 left to be indemnified against. The scheme is due to expire on 30th August 2018, and both Councils will receive their remaining deposits back from Lloyds after this date. The Council was notified on 3rd May 2016 that Lloyds are closing the remaining LAMS schemes on 31st July 2016. National activity has slowed since the Government’s Help to Buy Guarantee scheme was launched in 2013. The deposit originally made by the Council in 2013 will remain in place until maturity and will then be re-paid to the Council in accordance with Paragraph 3.14 of the report. For this reason no further publicity will be undertaken by the Council.
The non-cash backed scheme, with Mansfield Building Society, is worth £300,000, which both Bassetlaw District Council and Nottinghamshire County Council are indemnifying up to £150,000 each. This amount is notional, and indemnities will only be paid to the Building Society if/when a default occurs. This scheme has yet to have any mortgages applied for, or accepted, on it. It is felt that the reason for this is that there is no branch within the District.
Options, Risks and Reasons for Recommendations
The scheme has already been implemented and therefore no other options exist.
There are a number of risks associated with the scheme, for example defaults, and the Council has given careful consideration as to how to manage those risks and the mitigating controls have been put in place. A risk assessment outlining the key risks and potential mitigating controls was circulated as part of the approved process.
RESOLVED that the annual update for the scheme be noted.
(b)Surcharging for the use of Credit Cards at Council Locations
Members’ approval was sought to adopt a corporate surcharging policy for payments made to the Council by credit card.
The Council is charged by the acquiring merchant a percentage of the cost of transaction for receiving those transactions. The merchant fee cost to the Council for accepting a credit card payment varies according to the type of card used. The lowest charge made to the Council is currently 0.94% of the value of the transaction. In 2015/16 the Council spent £22,084 on charges imposed by the acquiring merchant. This equated to cash received of £5,700,895 by 43,027 transactions.
The Council offers its customers various other ways to pay, such as: Direct Debit or Standing Order for regular periodic payments, or by debit card at Council offices, internet payment, Post Office, and Paypoint establishments. All of these are cheaper methods of payment that should be encouraged. By issuing credit card usage surcharges at Council locations or via the automated telephone line, it is hoped that this will increase the footfall in the local Post Offices and Paypoint establishments, thereby stimulating the local economy.
The Consumer Rights Act 2015 states that no trader should charge fees that exceed the cost borne by the trader for the use of credit cards. If the Council was to adopt a 0.9% surcharge rate, this is under the limit of the lowest rate that is levied onto the Council, and hence would mean that no customer would have a profit made against their transaction. In order to facilitate a surcharge, the Council would have to purchase software costing circa £6,000 as a one-off payment, with an annual maintenance charge of £500, these costs being split between the Council and A1 Housing.
Options, Risks and Reasons for Recommendations
Option One - Do nothing; continue to pick up the cost of credit card transactions, meaning that the General Fund and ultimately the council taxpayers are paying for those who choose to use this method of payment.
Option Two - Cease allowing credit card payments as a method of payment. This would mean that Bassetlaw is limiting the payment options available to our customers.
Option Three - Surcharge for credit card payments. This would allow customers still to use the method of payment, but would ensure that the council taxpayers are not picking up the cost of those customers who choose to use this method of payment.
RESOLVED that:
- The purchase of the new software to facilitate the surcharging of credit card payments be approved.
- A surcharge of 1.0% be approved for all credit card transactions, commencing 1st April 2017, with the surcharge being publicised well in advance of its introduction.
(c)Engineering Team - Apprentice
Members’ approval was sought for the creation of a full-time Engineering Apprentice post based on a three-year fixed term contract, working within the Property Team.
The report outlined: the reasons for the post; the duties currently undertaken by the Team; funding obtained by the Team; and the different schemes on which the Team is currently working.
The primary aim of the post is to provide an additional resource that can ‘shadow’ the Drainage Engineer and the Facilities Manager, and learn and assist with the key aspects of the role for service continuity purposes. A suitable local training provider would need to be identified to facilitate the full apprenticeship training course in civil engineering or other suitable qualification.