Agenda, decisions and minutes

To approve, as a correct record, the minutes of the meeting of the Cabinet held on 05 December 2022.

The minutes of the meeting held on 5^th December were approved as a correct record and signed by the Chairman.

To receive questions and statements from the public, if any.

None received.

To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972

None received.

Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requries that declarations include the nature of the interest and whether it is a disclosable pecuniary interest (see attached guidance and flowchart)

To receive oral questions from Members, if any

The Chairman advised members that they could ask questions as matters arose.

1.    Cabinet Working Party for Projects

To receive the minutes of the meeting held on 21^st September 2022.

2.     Planning Policy & Built Heritage Working Party – 14 November 2022

The following recommendations were made:

AGENDA ITEM 8: Coastal Adaptation Supplementary Planning Document (SPD)

RESOLVED to recommend to Cabinet:

c.     That the Planning Policy Manager to further consider as to how the Coastal Adaptation Supplementary Planning Document could be flexibly implemented including use of language

3.    Planning Policy & Built Heritage Working Party – 12 December 2022

Planning Policy & Built Heritage Working Party:

Coastal Adaptation Supplementary Planning Document (SPD)

Decision

RESOLVED

c.     That the Planning Policy Manager to further consider as to how the Coastal Adaptation Supplementary Planning Document could be flexibly implemented including use of language

Local Development Scheme

Decision

RESOLVED

That the revised timetable for the submission, examination and adoption of the North Norfolk Local Plan and that the Local Development Scheme be brought into effect as of the date of the next meeting and published as required by section 15 of the Planning and Compulsory Purchase Act 2004 (as amended).

Local Plan submission: Proposed Modifications (policies)

Decision

RESOLVED

That the Schedules of proposed modifications along with the Proposed Submission version of the Local Plan be submitted for independent examination.

To delegate minor amendments in the finalisation of the submission version & Schedules and associated documents to the Planning Policy Manager in consultation with the Portfolio Holder and Policy Team Leader.

1.    Cabinet Working Party for Projects

RESOLVED

To receive the minutes of the meeting held on 21^st September 2022

2.    Planning Policy & Built Heritage Working Party:

1.    Coastal Adaptation Supplementary Planning Document (SPD)

Cllr A Brown, Portfolio Holder for Planning & Enforcement, introduced this item. He outlined the recommendations. He explained that the Coastal Adaptation Supplementary Planning Document was the result of a steering group project with Great Yarmouth BC, East Suffolk, Broads Authority and CPE, following a statement of common ground produced in 2018. The planning strategy enabled a cohesive, consistent approach to coastal management. He drew members’ attention to the roll-back provision, relocated property in erosion areas, the previous like for like building rule had been relaxed.

RESOLVED

c.     That the Planning Policy Manager to further consider as to how the Coastal Adaptation Supplementary Planning Document could be flexibly implemented including use of language

2.    Local Development Scheme

Cllr Brown explained that the Working Party had spent considerable time discussing the Local Development Scheme and the proposed submission version of the Local Plan. It was hoped that an additional meeting of Full Council could be held in late February / early March to allow for all members to consider and then approve the Local Plan for submission.

Cllr A Fitch-Tillett seconded the recommendations and said that she was particularly proud of the Coastal Adaptation Supplementary Planning document.

RESOLVED

That the revised timetable for the submission, examination and adoption of the North Norfolk Local Plan and that the Local Development Scheme be brought into effect as of the date of the next meeting and published as required by section 15 of the Planning and Compulsory Purchase Act 2004 (as amended).

3.    Local Plan submission: Proposed Modifications (policies)

RESOLVED

That the Schedules of proposed modifications along with the Proposed Submission version of the Local Plan be submitted for independent examination.

To delegate minor amendments in the finalisation of the submission version & Schedules and associated documents to the Planning Policy Manager in consultation with the Portfolio Holder and Policy Team Leader.

To consider any recommendations referred to the Cabinet by the Overview & Scrutiny Committee for consideration by the Cabinet in accordance within the Overview and Scrutiny Procedure Rules

In the absence of the Chairman of the Overview & Scrutiny Committee, the Chairman advised that there were no recommendations to Cabinet.

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

Decision

RESOLVED

The Portfolio Holder for Environmental Services, introduced this item. He explained that following an internal audit, a recommendation was made that the Business Continuity Plan and other relevant policies were reviewed in light of the Covid-19 response. To enhance understanding of the Business Continuity Management (BCM) process, a separate BCM Framework had been created, with more detail in relation to suppliers and procurement.  The policy and the framework had been considered by the Governance, Risk & Audit Committee.

It was proposed by Cllr N Lloyd, seconded by Cllr R Kershaw and

RESOLVED

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW

(Papers relied on to write the report, which do not contain exempt information and which are not published elsewhere)

Contact Officer, telephone number and email:

Steve Hems, Director for Communities

01263 516192

steve.hems@north-norfolk.gov.uk

Decision

RESOLVED

That the changes to the revised Regulation of Investigatory Powers Act 2000 Policy and Procedures, set out at Appendix A, be approved.

That Members note the activity undertaken under RIPA and the update in relation to the recent IPCO inspection.

Reason for the decision:

The Policy has been revised following an audit of the Council’s activities by the Investigatory Powers Commissioners Office (IPCO) conducted in 2021. Members are required to be aware of the RIPA activity undertaken by the Council.

Cllr N Lloyd, Portfolio Holder for Environmental Services, introduced this item. He said that Members were required to be aware of the policy and it came before Cabinet regularly. He asked the Director for Communities to outline the key points.

The Director of Communities explained that the Regulation of Regulatory Powers Act 2000 (RIPA) governed public authorities use of ‘directed covert surveillance’ and ‘covert human intelligence sources’. The legislation ensured that an individual’s human rights were protected whilst also ensuring that law enforcement and security agencies have the powers they need to do their job effectively. He explained that the Policy had been reviewed and revised to ensure that the Council applied its powers lawfully and in line with best practice. Consequently, a separate policy had been drawn up to ensure that RIPA was not impacting on people’s rights when looking at social media and internet research and investigations.

He advised members that in the past 12 months, covert human intelligence sources had been used once.

The Chairman, Cllr T Adams asked whether the revised policy and format was easier for officers to use. The Director of Communities replied that it was and that the Council used an external trainer to train officers in the provision of the regulations. Templates were also provided.

The Chairman asked how often the policy was reviewed. The Director of Communities replied that it was reviewed annually and usually the changes, if any, were minor. This time it was a full review and refresh to reflect best practice and address any errors and inconsistencies that may have occurred during ad hoc changes in previous years.

Cllr E Seward referred to Closed Circuit Television Cameras (CCTV) used by town councils. He said that footage tended to be used by the Police and asked whether RIPA applied in such instances. The Director of Communities replied that it applied to all public bodies including the Police and that there was a section in the policy on joint investigations and another section on CCTV which referred to town centre CCTV and how officers should use any ‘legacy’ systems previously owned by NNDC.

Cllr V Gay referred to section 23, Joint Agency Surveillance, and asked which other agencies were involved and how often. The Director of Communities replied that it was very rare that the Council worked with other agencies but on occasion there may be a need to work with another Local Authority or a Registered Social Landlord. Cllr Gay then asked for clarification on what working with others meant in this context. The Director of Communities replied that it could be use of Council owned equipment such as CCTV or wildlife cameras in a joint operation. It was usually the Police who acted as the lead authority but would also assist in cases such as fly-tipping, when the local authority may lead.

Cllr R Kershaw referred to section 19.1, Automatic Number Plate Recognition (ANPR) and its relation to RIPA. He asked, if the Council simply used it for  ...  view the full minutes text for item 100.

Decision

RESOLVED

1.    That Cabinet agrees that the Programme will be overseen by a Programme Board, which is to be constituted in accordance with NNDC project guidance.

2.    That Cabinet authorises the Director for Place and Climate Change, in consultation with the Coastal Portfolio Holder, to approve the submission of the Outline Business Case to the Environment Agency and undertake any subsequent amendments as necessary.

3.    That Cabinet agrees that the approved Outline Business Case is to form the NNDC Programme Business Case.

4.    That Cabinet agrees the development and delivery of the Stage 1 Coastal Transition Support Package and authorises the Director for Place and Climate Change, in consultation with the Coastal Portfolio Holder, to undertake any necessary amendments to the package provided they are within the CTAP budget.

5.    That Cabinet agrees that land and asset purchases in excess of £100,000 for the purposes of the Coastal Transition Accelerator Programme are ‘exceptional circumstances’ and acquisition is delegated to the Leader the of the Council, Portfolio Holder, Chief Executive and Monitoring Officer. With report to the next available Cabinet.

6.    That Cabinet authorises the Director for Place and Climate Change to enter into legal agreements with land/asset owners in order to secure transition opportunities with advice from the Estates Team and in consultation with Legal Services and Portfolio Holder and Assistant Director Finance Assets

Reasons for the decision:

To enable timely progression of the Coastal Transition Accelerator Programme

To ensure robust governance and oversight

To enable immediate support to those most impacted by coastal change

A Fitch-Tillett, Portfolio Holder for Coast, introduced this item. She began by saying that she was very excited to bringing the report forward. The NNDC Coastal team was respected nationally and had been for some time. The Council’s work under the Pathfinder Scheme was seen both nationally and internationally as an exemplar. She said that DEFRA had awarded the Council the opportunity to take adaptation to coastal change much faster and further than before. Cllr Fitch-Tillett said that this was an opportunity to stabilise coastal communities and businesses and to achieve the best outcome, the project must be able to progress without delay. She went onto say that a lot of the work undertaken by the Local Government Association Coast Special Interest Group (SIG) would be incorporated into he programme, such as the possibility of insurance for property at risk and erosion, roll-back, the part that surface water plays in erosion and possibly even a change to building regulation for replacement properties. Cllr Fitch-Tillett concluded by saying that the funding for this scheme was not from the Council’s budget, it came direct from DEFRA.

The Chairman invited the Coastal Transition Accelerator Programme Manager to speak. He began by saying that it was well known that coastal change was a major issue in North Norfolk and the report set out the main issues and challenges. Government policy statements and Environment Agency strategies for coast and flood now included references to coastal adaptation and transition to help communities adapt to coastal change. NNDC was fortunate to be identified alongside East Riding of Yorkshire to be selected for the CTAP. The Council now needed to complete and submit an outline business case to the Environment Agency to access the full funding. He concluded by saying that the report also set out proposals to develop an initial phase of support for those at more immediate coastal erosion risk, to begin to facilitate coastal transition and to allow time to progress and develop wider opportunities of the programme.

The Chairman invited members to speak:

Cllr N Lloyd congratulated the Coastal Team and the Portfolio Holder on this project. He said that NNDC was at the forefront of coastal management at a national level. He said that climate change was mentioned throughout the report and it highlighted the vast sums of money that were needed to mitigate the cost and impact of climate change.

Cllr V Gay thanked the Coastal Team for all their hard work on this. She said it was an excellent example of where local government led the way in doing something really significant, adding it took years of hard work and dedication to bring large projects such as this to fruition.

Cllr L Shires, Local member for Happisburgh, thanked the CTAP Manager and his team for listening to the plight of Happisburgh residents. No suggestions had been dismissed and this felt like a really positive move for those impacted the most. As indicated by the Portfolio Holder for Coast, although the Pathfinder  ...  view the full minutes text for item 101.

EXCLUSION OF THE PRESS AND PUBLIC

To pass the following resolution, if necessary:

a. That under section 100A(4) of the Local Government Act 1972 the press and 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 paragraph 3, Part 1 of schedule 12A (as amended) to the Act, and:

b. That the public interest in maintaining the exemption outweighs the public interest in disclosure for the following reasons:

Information relating to the financial or business affairs of any particular person (including the authority holding that information). The appended report contains commercially confidential information.

To consider the exempt appendix to the Coastal Transition Land and Property Purchase (if necessary).