To confirm the minutes of the meeting held on 8 December 2016.

The Minutes of the meeting held on 8 December 2016 were confirmed as a correct record and signed by the Chairman.

To receive apologies for absence. 

Apologies for absence were received from Councillors Ashby, Bowes, Charles Carter, Sam Chapman-Allen, Hewett, Robert Richmond, Rogers and Sharpe.

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

None.

Members were reminded of the Safeguarding presentation taking place immediately following the meeting and all were encouraged to attend.  The Chairman advised that the safeguarding of all children, and vulnerable adults, whether related to them or not, was everybody’s business. Elected Representatives must be alert to the warning signs associated with abuse and perhaps, as importantly, know what they should do, and who they should turn to with any concerns. This short briefing session following the meeting would cover these topics and an electronic supporting handout would be available, after the briefing, via Democratic Services.

The Chairman also mentioned the staff who took part in the Christmas jumper day and thanked them for all their support and the money raised for his charity.

To receive a verbal update from Councillor Nunn, Leader of the Council.

The Leader gave Members an update on the following:

·         The Corporate Plan – the Plan was now focussing on the Market Towns as these were considered to be the hubs of the District.  Funding would be allocated to each of the towns to assist with delivering their visions.  Councillor Claussen, who had recently been appointed as the Executive Member for Place would be tasked with overseeing this.  Lynda Turner was thanked for all her hard work as the former Portfolio Holder of Place.

·         Unitary status – it was inevitable that there would now be a focus on unitary authorities and the on-going talks should be supported to ensure that appropriate work would be realised for the economic and social drivers of Norfolk.

·         Sustainability Transformation Plan – these were Health Plans in respect of which Breckland Council was a consultee.

·         New Executive Director for Commercialisation and S151 Officer – Christine Marshall had been appointed and would be focusing on the Council’s budget and its investments. 

·         Local Enterprise Partnerships – building on existing relationships so that better deals could be had for Norfolk.

The following questions were asked:

On the Corporate Plan:

Councillor Jermy had been disappointed that the Breckland Member had not attended the Greater Thetford Development Partnership meeting as this particular meeting had been about setting the vision for Thetford and he felt that support from the District Council needed to be re-iterated.  The Leader agreed and felt that the Town Councils should be supported to assist with the development of a proper vision for their towns and those towns should be marketed as unique places.  Councillor Clarke welcomed the Leaders vision to support the market towns and said he would be more than happy to provide a critical friend input.  He also welcomed the latest Cabinet appointment and asked the Leader if he would, in future, consider appointing Members who actually lived in the Breckland area.  The Leader believed that all Cabinet Members including previous Portfolio Holders had lived and worked in the District at the time of their appointments.  Councillor Duigan also welcomed the market towns initiative as he had been disappointed that the investment towards development from various companies that had moved into the towns had not been forthcoming.  Councillor Wilkin had been engaged in a number of discussions with the Leader on market towns that were seeing a shift in balance towards national chains and he sought assurance that Members would be involved in the debate so that these towns could continue to thrive in future.  The Leader said the answer had to be yes; all towns needed support even though the needs of some were greater than others in terms of deprivation and he hoped that Breckland would be a compassionate Council.  Councillor Darby felt that all five towns should work together to drive the costs down. The Leader agreed that the concept of working together made sense.  Councillor Smith mentioned the partnerships that had been set up in the past for the towns and  ...  view the full minutes text for item 517.

None.

The Chairman reminded Members that their questions asked must be directed to the relevant Portfolio Holder.

Councillor Newton asked the Portfolio Holder for Place for an update on the Public Space Protection Order (PSPO) and whether there was a timescale.  Councillor Claussen felt that it would have been appropriate to put this question in writing but asked the Executive Director of Place to respond.  The Executive Director understood the Member’s frustration but he remained unconvinced that there was enough evidence to require a PSPO; however, he would escalate this matter accordingly and include it on the Forward Plan to be brought forward for a decision and the timeline would be confirmed.  Further to the above issue, Councillor Taylor mentioned the data from the 101 non-emergency number and felt that it should not be relied on as it was not being captured due to the public not having the patience to remain on the line during busy periods. The Leader felt that there should be another way for the data to be collected from individuals to the police that was accurate to be able to drive this matter forward.

Councillor Hollis asked a question of the Leader in relation to empty Ministry of Defence (MOD) properties.  The Leader advised that the Council could not influence private landlords but it was certainly worth some form of correspondence and he asked the Director of Place to write a letter to the MOD.

Councillor Jermy asked the Portfolio Holder for Growth about the likelihood of Breckland Council having the biggest increase in Council Tax in Norfolk for a decade and wondered if Breckland would be undertaking an assessment as to the impact on residents.  Members were informed that this issue had been flagged up but he did not know the detail and therefore he would get back to him accordingly.

Councillor Jermy gave an example of North Norfolk District Council who had recently banned a Member for non-attendance at meetings and asked the Leader if he felt that this was credible.  The Leader felt that this would most probably become apparent at the next District Elections and agreed that there should be a cut-off point.

Unconfirmed minutes of the Cabinet meeting held on 3 January 2017.

RESOLVED that the unconfirmed Minutes of the Cabinet meeting held on 3 January 2017 be adopted.

Confirmed Minutes of the Overview & Scrutiny Commission meeting held on 24 November 2016.

a.    Review of Street Naming & Numbering Policy (Minute No. 91/16)

Councillor Gilbert asked if Watton had been one of the parishes that had provided a list of their preferred names.    The Chairman of the Overview & Scrutiny Commission advised that all five towns had responded and if street names were put forward that were liked it would make this process much more straightforward.

Councillor Bishop had studied the report and felt that it should be sent back to the Overview & Scrutiny Commission for further discussion.  Members were informed that this recommendation would be considered under agenda item 13.

b.    Adoption

RESOLVED that the confirmed Minutes of the Overview & Scrutiny Commission meeting held on 24 November 2016 be adopted.

Unconfirmed Minutes of the Overview & Scrutiny Commission meeting held on 5 January 2017.

RESOLVED that the unconfirmed Minutes of the Overview & Scrutiny Commission meeting held on 5 January 2017 be adopted.

Confirmed Minutes of the Planning Committee meeting held on 12 December 2016.

RESOLVED that the confirmed Minutes of the Planning Committee meeting held on 12 December 2016 be adopted.

Unconfirmed Minutes of the Governance & Audit Committee meeting held on 9 December 2016.

Members are asked to note that the recommendation at Minute No.66/16 will be considered under Agenda item 12.

Members were reminded that the recommendation under Minute No. 66/16 would be taken under agenda item 12.

RESOLVED that the unconfirmed Minutes of the Governance & Audit Committee meeting held on 9 December 2016 be adopted.

Report of the Executive Director, Commercialisation (Statutory S151 Officer).

The Executive Manager for Governance presented the report, which sought an update to the Committee’s Terms of Reference.

Key proposed changes had been set out in paragraphs 1.5 to 1.7 of the report and had been incorporated in the draft Terms of Reference at Appendix B.  In short, the purpose of the Committee had been clarified; restrictions on membership had been introduced in line with best practice; and a number of specific changes to the Terms of Reference had been proposed as set out in paragraph 1.7.3.

It was noted that the approval of the recommendations would result in changes being made to the Constitution.

Councillor Linda Monument felt that the word Members included in the second recommendation should be changed to Membership.

RESOLVED that:

1.    the proposed purpose and Terms of Reference for the Governance & Audit Committee be adopted; and

2.    the restrictions to be placed on the Membership of the Governance & Audit Committee be adopted.

Report of the Executive Director, Place.

Consideration was given to the report of the Executive Director of Place.

Councillor Wassell believed there were a number of consistencies within the report which needed further discussion and it was proposed and seconded that the report be referred back to the Overview & Scrutiny Commission for further debate.

RESOLVED that the Street Naming and Numbering Policy be referred back to the Overview & Scrutiny Commission for further debate.

Report of the Executive Director, Commercialisation (S151 Officer).

Consideration was given to the report of the Executive Director for Commercialisation & S151 Officer.

Councillor Cowen, the Portfolio Holder for Growth & Commercialisation stated that he had great pleasure in presenting this report for many reasons.  The issue of potential development in Snetterton has stalled over of a number of years as a consequence of a lack of power supply in Norfolk so he was delighted to put these recommendations to the Council for the future growth of that part of the District.  It will unlock great potential.  However, due to the successful bid to the New Anglia Local Enterprise Partnership (LEP) by the Breckland Team enormous potential would be unlocked.  Members’ attention was drawn to the list of benefits in section 4 of the report this funding and also pointed out that whilst we as the District Council would be providing the expertise through our Officers that the landowners in Snetterton would also be required to fund part of this development in the fullness of time.

Councillor Martin had grave concerns about the lack of power and reminded Members of the number of planning permissions in Attleborough over the next few years which could be affected and he hoped that the firms concerned would get in touch with the statutory bodies.  Notwithstanding what Councillor Martin had said Councillor Askew fully supported the recommendations as Snetterton had been waiting a considerable amount of time for development and the power to go with it.

The Leader thanked Councillor Martin for highlighting the prosperity of Attleborough as a market town but reminded Members that by bringing power to this area would enable new businesses to move to the area alongside the A11 corridor.  Councillor Joel agreed and felt that it would be a big boost for Attleborough, Snetterton and the surrounding areas bringing in skilled people for high tech jobs.

Councillor Jermy paid credit to the Team and the Cabinet Member for bringing these recommendations forward but felt that the report itself was quite modest and, in his opinion, many more benefits were to be had.  Councillor Wassell tried to allay the fears expressed by Cllr Martin and stated that the responsibility for ensuring there was enough power was actually with UK Power Networks.

Councillor Cowen reassured Members that the issue under this proposal was actually to put the cables in the ground between Attleborough sub-station and Snetterton to ensure that in the fullness of time Snetterton would have the ability to draw down power from the grid.  UK Power Networks had a statutory duty and a responsibility to provide the power once the demand was there.

RESOLVED that:

1.    the grant of £2.3m for the upgrade of electricity to Snetterton employment area be accepted; and

2.    subject to the satisfactory completion of all necessary legal, and contractual due diligence, any negotiation with the funding body that arises from the process, and being satisfied that the project remains in the best interests of the Council and the Breckland District, the Chief Executive in  ...  view the full minutes text for item 1417.

Report of the Executive Manager, People & Public Protection.

Councillor Webb, the Portfolio Holder for People & Information presented the report.

It was noted that the HR Policy handbook would also include Anglia Revenues & Benefits Partnership staff.

Councillor Jermy had noticed that consultation had taken place with Unison and asked why their comments had not been included.  The Leader agreed.  Councillor Wassell pointed out that the majority of staff were non-unison and felt that all staff should have been consulted.

Councillor Brame queried the reporting path and asked why it had come straight to Council and not to the Overview & Scrutiny Commission (O&SC).  Members were informed that since the demise of the General Purposes Committee, these matters were now under the remit of Full Council. The Executive Manager for People & Protection advised that there was nothing to prevent it going to O&SC.  Councillor Monument was also minded to say that the Policy Handbook should be looked at again as she was aware of a number of omissions and felt that it would have been useful to have it thoroughly examined.

It was proposed and seconded and

RESOLVED that the HR Policy Handbook be presented to the Overview & Scrutiny Commission for further debate.

Report of the Executive Manager, Governance.

It was noted that there was no Proforma B attached to the report; however, Finance had confirmed that the costings had been through finance and was within budget.

The Executive Manager for Governance advised that prior to approving and Scheme for Members Allowances, the Council must have regard to the recommendations made by an Independent Panel (the Independent Remuneration Panel).  The Panel had completed its work on the Scheme to be introduced from 1 April 2017.  The recommended Scheme had been appended to the report and the Chairman of the Panel, Mr Andrew Egerton- Smith was in attendance to answer questions.

Members were informed that the Panel had since considered an anomaly that had arisen where the same individual had been appointed as Chairman of both the Licensing Committee and the Committee of the Licensing Authority.  As the Committees were classed as separate bodies, the Panel had allocated a 50% Special Responsibility Allowance (SRA) to both; however, as Members were only entitled to claim a single SRA, the Panel had proposed the following addition:  “Where the same individual occupies the role of Chairman of both the Licensing Committee and the Committee of the Licensing Authority, that individual shall be entitled to claim the full allowance of £5,300.00.

Councillor Clarke agreed with the recommendations except for recommendation number 3 which he felt should be frozen.

Councillor Wassell had observed paragraph 6.2 at Appendix A which was in relation to recommendation 5 and felt that this would formalise those 2015/16 Members who used their own Broadband.

The proposal around Broadband was explained which included no longer delivering the technical kit that was currently provided.  Councillor Wassell thought that this would mean a change in Policy.

The Leader felt that those Members who did not have any Broadband provision should be reimbursed and Councils should, sometime in the future, decide whether Members should provide their own Broadband and kit.   He felt that clarification was required for this particular recommendation and suggested that another paper on this particular matter should be provided.  Councillor Jermy agreed with this suggestion as he himself had his own Broadband but was a ‘twin hatter’ and was therefore subsidised by Norfolk County Council.  Referring to the report itself at paragraph 1.2, he asked if this invitation had been taken up by the Member concerned.  Councillor Crawford said that unfortunately he could not attend that day as he had another appointment. 

Councillor Linda Monument felt that a simple amendment to this particular recommendation would suffice by adding the words, as a contribution to those Members who make their own Broadband arrangements”

Councillor Oliver suggested adding further wording to the end of recommendation 5 to read: “excepting that any allowance is provided by another authority.” 

The aforementioned suggestions/proposals were seconded.

Councillor Thomas Monument was disappointed that electric vehicles had not been included again in the Motor Car Allowance rates.

The aforementioned suggestions were proposed including the question in relation to electric vehicles.

The Executive Manager for Governance assured Members  ...  view the full minutes text for item 1617.

Report of the Executive Director, Strategy & Governance.

The Executive Manager for Governance advised Members that, following a successful recruitment process involving Members of the Joint Appointments & Disciplinary Committee, Christine Marshall had been appointed as the Executive Director of Commercialisation.  As this post was also identified as the Statutory Chief Finance Officer under S151 of the Local Government Act 1972, the Council was asked to confirm the appointment.  Christine was a qualified member of the Chartered Institute of Public Finance and Accountancy and therefore held one of the recognised qualifications listed at paragraph 5.1.1 of the report.

RESOLVED that Christine Marshall be confirmed as the Section 151 Officer and Executive Director of Commercialisation for Breckland District Council and South Holland District Council.

To receive nominations for any changes to Committee and other seats from political groups.

Committee Appointments

RESOLVED that:

Councillor Paul Claussen be appointed to the Joint Appointments & Disciplinary Committee.

Councillor Mike Nairn be appointed to the Planning Committee in place of Paul Claussen.

Outside Body Appointments

RESOLVED that Councillor Paul Claussen, the Executive Member for Place be appointed to the following Outside Bodies:

·         Health & Wellbeing Board

·         Norfolk Armed Forces Covenant Board

·         Norfolk Arts Steering Committee

·         Norfolk Countywide Community Safety Partnership Scrutiny Sub Panel

·         Norfolk Parking Partnership Joint Committee

·         Norfolk Waste Partnership

.

The Constitution went through a full review during 2015/16 and a revised Constitution was approved by the Council on 21 January 2016. As Members are aware, there have been a number of amendments made since that date including, amongst other things, changes to the Terms of Reference of some Committees.

The Constitution contains a number of general delegations to Officers. In addition, over time, individual delegations are granted to Officers by the Cabinet, the Council and its Committees. These delegations remain in effect but it would be helpful, should we ever need to evidence the position, to have a Council resolution confirming this. Council is therefore asked to approve the following:

“That the Council confirms that all delegations granted by individual decision-making bodies and individuals such as the Cabinet, individual Executive Members or Officers, the Council and all Committees and Sub-Committees remain and will continue to remain in full force and effect unless and until specifically withdrawn notwithstanding any past or future changes to the Constitution including any changes to the Terms of Reference of decision-making bodies and individuals”

The Executive Manager for Governance reported that the Council had a fully revised Constitution which included the Scheme of Delegation.  Individual delegations were also granted to specific individuals (such as authorising individuals to represent the Council in legal proceedings) from time to time.  The proposed resolution did not grant any additional delegated authority but was intended to make it clear that, where a delegation had previously been granted, it was not affected by subsequent constitutional changes unless specifically withdrawn or amended.

Councillor Clarke felt that if it was something that required Full Council approval then it was only right and proper that Full Council be given these delegations.  Members were reminded that these delegations already existed and most were set out in the Constitution.

RESOLVED that the Council confirms that all delegations granted by individual decision-making bodies and individuals such as the Cabinet, individual Executive Members or Officers, the Council and all Committees and Sub-Committees remain and will continue to remain in full force and effect unless and until specifically withdrawn notwithstanding any past or future changes to the Constitution including any changes to the Terms of Reference of decision-making bodies and individuals.

NOTE: No other business is permitted unless by reason of special circumstances, which shall be specified in the minutes, the Chairman is of the opinion that the items(s) should be considered as a matter of urgency.

The Chairman had agreed the Thetford TEP Access Roundabout as an urgent item because an acceptance of the grant was required promptly and the size of the grant meant that it was a Council decision.

Report of the Executive Member for Growth & Commercialisation.

Councillor Cowen, the Executive Member for Growth & Commercialisation was pleased to announce that this was more money that Breckland Council had been successful in drawing down.

The Council’s Corporate Plan included the priority of “developing the local economy to be vibrant with continued growth”.  As part of this, the earmarking of Norfolk Business Rates Pool funding to help the development of the Thetford Enterprise Park had been identified and the report sought approval for the Council to accept £450k for the purpose of commencing an access roundabout on this site.

The new Anglia Local Enterprise Partnership (LEP) approved the redirection of existing approved funding of £1.98m from the original Thetford Sustainable Transport Package (Local Growth Funding) to prioritise the construction of this roundabout.  The current estimated construction cost was £2.2m.

The Executive Member for Growth & Commercialisation knew that the site was quite challenging and the £450k, if accepted, would provide some contingency and he commended the report.

Councillor Crawford agreed with the recommendation.

Councillor Jermy also supported the recommendation as this, in his opinion, would be the single biggest opportunity to create jobs in the area and would help form part of the A11 corridor. He was pleased that the whole District was in support of this.

Councillor Brame urged the Council to push Norfolk County Council (NCC) into looking at all transport problems in the area and felt that a more joined up thinking approach was required.  In response, the Executive Member for Growth and Commercialisation reminded Members of the event that had been held in the Carnegy Rooms to discuss the town’s aspirations for this site.  He pointed out that there were moves to improve all junctions along the A11 in future but it the responsibility lay with the Highway Authority not Norfolk County Council. 

It was agreed that a letter would be sent to the Highways Authority highlighting Breckland Council’s concerns.

RESOLVED that:

1.    the £450,000 of Norfolk Business Rates Pool funding towards the cost of the Thetford Enterprise Park access roundabout be accepted; and

2.    the Chief Executive in consultation with the Portfolio Holder for Growth and Commercialisation be authorised to approve the terms of the grant and enter into a Service Level Agreement with Norfolk County Council to commence the project.

To consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1, 2 and 4 of Schedule 12A to the Act”.

PART B – ITEMS FROM WHICH THE PRESS AND THE PUBLIC ARE EXCLUDED 

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1, 2 and 4 of Schedule 12A to the Act.

Report of Anna Graves, Head of Paid Services.

The Executive Director of Strategy & Governance presented the report.

Councillor Wassell had been delighted to see that a trainee and an apprentice had been included in the new structure and he hoped that these posts would be considered in future restructures.

Councillor Dimglou, the Executive Member for Finance conveyed his thanks to the Chief Accountant and her Team for doing an excellent job in relation to succession planning and savings.

RESOLVED that:

1.    the Head of Paid Services and/or the Executive Director for Commercialisation, in consultation with the Executive Member for Finance be authorised to implement the proposals subject to no major changes; and

2.    the Head of Paid Services and/or the Executive Director for Commercialisation, in consultation with the Executive Member for Finance be authorised to make minor amendments and redundancies as necessary.

Dave Senior, the Senior Trainer for Breckland Training Services (BTS), provided Members with a detailed presentation on safeguarding issues.

The presentation itself would be emailed to all Members after the meeting.

Safeguarding issues were of a great concern across the County and this information gave Members an idea of what to be aware and what they could do in their community. 

Councillor Wilkin felt that further training was required.

Councillor Gilbert asked if there would be an opportunity for this presentation to be shown to the towns and parishes.  Members were informed that BTS was always available to talk to the towns.

The Chairman thanked BTS for the presentation.