Agenda and decisions

Cabinet - Monday, 6th March, 2023 10.00 am

Venue: Council Chamber - Council Offices. View directions

Contact: Emma Denny  Email: emma.denny@north-norfolk.gov.uk

Items
No. Item

2.

Minutes pdf icon PDF 211 KB

To approve, as a correct record, the minutes of the meeting of the Cabinet held on 6th February 2023.

3.

Public Questions and Statements

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

4.

Declarations of Interest pdf icon PDF 721 KB

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)

5.

Items of Urgent Business

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

6.

Members' Questions

To receive oral questions from Members, if any

7.

Recommendations from Cabinet Working Parties

The following recommendations were made at the meeting of the Planning Policy and Built Heritage Working Party held on 20th February 2023:

 

Item 8 – Norfolk Coast AONB Updated Management Plan (2019-2024), revised 2022

 

RESOLVED to recommend to Cabinet that the contents of the updated Norfolk Coast AONB Management Plan (2019-2024) are endorsed for use as a material planning consideration in the determination of planning applications.

 

Item 9 – National Planning Policy Framework – Consultation on proposed changes

 

RESOLVED to recommend to Cabinet that the Authority respond to the consultation as outlined in the report.

 

 

Decision:

Decision

Resolved

 

Norfolk Coast AONB Updated Management Plan (2019-2024), revised 2022

 

That the contents of the updated Norfolk Coast AONB Management Plan (2019-2024) are endorsed for use as a material planning consideration in the determination of planning applications.

 

National Planning Policy Framework – Consultation on proposed changes

To respond to  the consultation as outlined in the report.

8.

Recommendations from Overview & Scrutiny Committee

To consider any recommendations referred to the Cabinet by the Overview & Scrutiny Committee at the meeting held on 15th February 2023.

9.

Budget Monitoring 2022-2023 Period 10 pdf icon PDF 379 KB

Summary:

 

 

 

Options considered:

 

This report summarises the budget monitoring position for the revenue account and capital programme to the end of January 2023.

 

Not applicable

Conclusions:

 

 

The overall position at the end of January 2023 shows a £3.022m underspend for the current financial year on the revenue account. However, this is currently expected to deliver a full year overspend of £0.603m. At the end of 2021/22 £0.616m was added to the General Fund Reserve to help offset the impacts of pay and inflation in this current year.

 

 

Recommendations:

 

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

It is recommended that Cabinet:

 

1)    Note the contents of the report and the current budget monitoring position.

 

2)    Recommend to full Council that any outturn deficit is funded by using the General Fund Reserve.

 

 

To update Members on the current budget monitoring position for the Council.

 

 

 

 

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)

 

 

 

System Budget monitoring reports

 

 

 

               

Cabinet Member(s) Cllr Eric Seward

 

Ward(s) affected All

Contact Officer, telephone number and email:  Tina Stankley 01263 516439 Tina.Stankley@north-norfolk.gov.uk

 

 

Additional documents:

Decision:

Decision

Resolved to

 

1)    Recommend to full Council that any outturn deficit is funded by using the General Fund Reserve.

 

 

Reason for the decision:

To update Members on the current budget monitoring position for the Council.

 

10.

Managing Performance Quarter 3 2022/2023 pdf icon PDF 145 KB

Summary:

 

 

 

 

 

 

 

 

 

 

Options considered:

The Managing Performance Report attached, as Appendix A, enables the Council to assess delivery against objectives detailed in the Corporate Plan Delivery Plan 2019-2023 and operational service performance. It gives an overview of progress towards achieving the objectives in the Corporate Plan, assesses the achievements and issues identified in the third quarter of 2022/23, and the actions being taken to address these issues and proposes any further action needed.

 

Options considering action regarding performance are presented separately, issue by issue, to the appropriate Council Committee where committee approval is required.

 

Conclusions:

 

Overall good progress has continued to have been made over the third quarter of 2022/23 in areas of core service delivery and in respect of key Corporate Plan projects and objectives as detailed in the report. 

 

Recommendations:

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

That Cabinet resolves to note this report and endorses the actions being taken by Corporate Leadership Team detailed in Appendix A – Managing Performance.

 

That Cabinet asks for further information or action where they consider it necessary regarding performance as outlined in Appendix A.

 

To ensure the objectives of the Council are achieved.

Cabinet Member(s)

Cllr Tim Adams

Ward(s) affected

All

 

 

Additional documents:

11.

UK Shared Prosperity Fund (UKSPF) and Rural England Prosperity Fund (REPF) pdf icon PDF 238 KB

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

UK Shared Prosperity Fund (UKSPF)

 

The UKSPF is a central pillar of the UK government’s Levelling Up agenda and is the successor funding model to the former EU Structural Funds. It will provide £2.6 billion of new funding for local investment by March 2025, with all areas of the UK receiving an allocation from the Fund via a funding formula rather than via competitive bidding.

 

NNDC has been allocated £1,238,269 from this fund which is to be delivered over three financial years (22/23-24/25). The intention of the fund is to invest in local priorities, targeted towards a number of areas: building pride in place, supporting high quality skills training, supporting pay, employment and productivity growth and increasing life chances. There are three UKSPF investment priorities: communities and place; supporting local business; and people and skills.

 

 

Rural England Prosperity Fund (REPF)

 

The Rural England Prosperity Fund (REPF) is a top-up to the UKSPF and is available to eligible local authorities in England where communities and businesses face specific rural challenges. It succeeds EU funding from LEADER and the Growth Programme which were part of the Rural Development Programme for England. Nationally, a total of up to £110 million is available for financial years 2023 to 2024 and 2024 to 2025.

 

North Norfolk District Council have been conditionally allocated £1,457,851. To secure this allocation, an addendum to the UKSPF Investment Plan was submitted to DEFRA in November for approval.

 

 

Conclusions:

 

The allocation of UKSPF and REPF funding, subject to approval of the REPF Addendum, will support businesses and communities in North Norfolk to address a number of identified local challenges. This will be achieved through the development of a number of business and community support programmes and grants and will seek to complement existing business and community advice and funding support.

 

 

 

Recommendations:

 

 

 

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

  1. To note the contents of the report.

 

  1. To confirm Cabinet’s support for the anticipated approach to the delivery of a range of programmes/grants that will be delivered by this funding and to delegate the establishment and processes for their delivery, including the commission and procurement of delivery partners, to the Portfolio Holder for Sustainable Growth and the Assistant Director for Sustainable Growth.

 

This recommendation is being made in order to deliver the UKSPF and REPF schemes within the timescales of the funding programmes.

 

 

Cabinet Member(s)

Cllr Richard Kershaw

 

Ward(s) affected

All North Norfolk

Contact Officer, telephone number and email:

Jenni Jordan, 01263 516076 jenni.jordan@north-norfolk.gov.uk

Stuart Quick, 01263 516263, stuart.quick@north-norfolk.gov.uk

 

 

Decision:

Decision

Resolved

 

  1. To delegate the establishment and processes for their delivery, including the commission and procurement of delivery partners, to the Portfolio Holder for Sustainable Growth and the Assistant Director for Sustainable Growth.

 

Reason for the decision:

 

This recommendation is being made in order to deliver the UKSPF and REPF schemes within the timescales of the funding programmes.

12.

Employer Defence Recognition Scheme pdf icon PDF 135 KB

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Options considered:

 

 

 

 

 

 

Conclusions:

 

North Norfolk District Council (NNDC) signed the Norfolk Armed Forces Covenant at an official ceremony on 7 March 2012.

To further demonstrate the Council’s commitment to the Armed Forces, NNDC published its own Armed Forces Covenant Pledge in February 2022. The pledge included a commitment to achieve the Bronze, Silver and Gold Defence Employer Recognition Scheme (DERS) awards.

 

The Defence Employer Recognition Scheme (DERS) encourages employers to support defence and the Armed Forces Community and inspire others to do the same. The scheme encompasses bronze, silver and gold awards for employer organisations that pledge, demonstrate or advocate support to defence and the armed forces community, and align their values with the Armed Forces Covenant.

NNDC successfully achieved the DERS Bronze Award in 2022.

 

Registration for Expressions of Interest in respect of the DERS Silver Award opened on 10th January 2023. The closing date for completed applications is 19th April 2023.

 

To achieve the DERS Silver Award, eight essential criteria must be met.

 

The achievement of at least one of the essential criteria will require a change in policy as it requires a commitment to provide at least five days additional leave for Reservist training. This can be paid or unpaid.

 

 

The North Norfolk District Council Armed Forces Covenant Pledge included a commitment to obtain the DERS Bronze, Silver and Gold Awards.

 

Therefore no other options have been considered.

 

The achievement of the DERS Silver Award will further demonstrate NNDC’s gratitude, support for and commitment to defence and to the residents of the Armed Forces Community that live in or visit North Norfolk.

 

 

Recommendations:

 

 

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

To give authority to the Lead Officer and the Armed Forces member Champion to liaise with HR and other relevant internal services to identify and implement any relevant changes to policy and process to ensure the achievement of at least the eight essential criteria.

 

To agree to the submission of the DERS Silver Award application by the application closing date of 19th April 2023.

 

To enable NNDC to successfully obtain the DERS Silver Award.

 

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)

 

North Norfolk Armed Forces Covenant Pledge

DERS Silver Award – essential and desirable criteria.

 

 

 

 

           

Cabinet Member(s)

Cllr. John Toye

Ward(s) affected

All wards in  North Norfolk

Contact Officer, telephone number and email:

Sonia Shuter 01263 516173 sonia.shuter@north-norfolk.gov.uk

 

 

Decision:

Decision

RESOLVED

 

To give authority to the Lead Officer and the Armed Forces member Champion to liaise with HR and other relevant internal services to identify and implement any relevant changes to policy and process to ensure the achievement of at least the eight essential criteria.

 

To agree to the submission of the DERS Silver Award application by the application closing date of 19th April 2023.

 

Reason for the decision:

To enable NNDC to successfully obtain the DERS Silver Award.

13.

Local Authority Housing Fund Grant Opportunity pdf icon PDF 172 KB

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

Options considered:

On 21st December 2022 the District Council was advised by Government that it would be awarded grant monies of £1,245,210 through the Local Authority Housing Fund (LAHF) to provide 11 additional affordable homes in the district by December 2023 – initially to house Ukrainian and Afghan refugee households.  This report recommends that the Council works with the Flagship Housing Group (Flagship) to deliver the 11 homes.  Long-term these homes would be available to households on the Council’s housing list either as temporary accommodation for homeless households or as a long-term affordable home.

 

 

To accept the LAHF grant and deliver the 11 homes directly, with the Council providing the match funding and staffing resources to undertake the purchase and necessary repairs to the properties by December 2023.

 

To not accept the LAHF grant funding offered and forego the opportunity to provide an additional 11 affordable homes in the District.

    

 

Conclusions:

 

The Local Authority Housing Fund provides grant to enable North Norfolk District, working in partnership with Flagship, to provide 11 additional affordable homes in the district. These homes will help address immediate housing pressures which exist nationally in the accommodation of displaced refugee households to whom the UK has offered refuge and sanctuary and provide longer-term good quality affordable homes in the District.

 

Recommendations:

 

 

 

 

 

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

Cabinet agrees that:

·         The Council accepts the Local Authority Housing Fund grant funding in full and commits to the delivery of 11 homes.

·         The source of the homes is from market sales – including new-build when available (and if affordable).

·         The Council delivers the new homes in partnership with Flagship.  The Council will pass the grant on to Flagship, who will provide the match funding and own the homes, in return the Council will have nomination rights to the homes in perpetuity.

 

To seek approval for the Council to accept the LAHF grant and agree the delivery option recommended.

.

               

Cabinet Member(s)

Cllr Wendy Fredericks

Ward(s) affected

District-wide (potentially)

 

Contact Officer, telephone number and email:

Nicky Debbage/Graham Connolly, Housing Strategy & Delivery Manager, 01263 516027

 

 

Decision:

Decision

RESOLVED

 

Cabinet agrees that:

·         The Council accepts the Local Authority Housing Fund grant funding in full and commits to the delivery of 11 homes.

·         The source of the homes is from market sales including new-build when available (and if affordable).

·         The Council delivers the new homes in partnership with Flagship.  The Council will pass the grant on to Flagship, who will provide the match funding and own the homes, in return the Council will have nomination rights to the homes in perpetuity.

 

Reason for the decision:

 

To seek approval for the Council to accept the LAHF grant and agree the delivery option recommended.

 

14.

Establishing a Joint Venture with Anglian Water and Norfolk authorities to provide environmental credits pdf icon PDF 173 KB

Summary:

 

 

 

 

 

 

 

 

 

 

 

 

 

Options considered:

 

 

Currently planning applications for new overnight accommodation are on hold in many parts of the district due to the nutrient neutrality constraints that were imposed by Natural England in March 2022.

The report contains details of how this constraint will be overcome through establishment of a Joint Venture which will source the mitigation that is required to get the housing market moving and sell credits to developers to enable them to demonstrate housing schemes are nutrient neutral.

The Joint Venture would be established with the potential to provide a range of environmental credits, initially focussing on nutrient neutrality.

 

Not engaging with Joint Venture, relying on Developer Lead / Natural England Mitigation.

Conclusions:

 

The Joint venture will support SME builders in North Norfolk who are unable to access viable mitigation due to economies of scale. Natural England have no currently available mitigation within North Norfolk. This project enables unlocking of up to 100 applications paused by natural England Guidance in the Wensum and Broads catchment areas.

 

 

 

Reason for the Recommendations:

 

To provide a means of mitigation to get the housing market moving and sell credits to developers to enable them to demonstrate housing schemes are nutrient neutral.

 

Cabinet Member(s)

Cllr Andrew Brown

 

Ward(s) affected All

Contact Officer: Phillip Rowson, Phillip.rowson@north-norfolk.gov.uk

 

Decision:

Decision

RESOLVED

 

1.            To enter a Joint Venture (a company limited by guarantee) with Anglian Water and one or more local authorities in Norfolk for the provision of environmental credits (initially focussing on addressing nutrient neutrality) as per the attached Heads of Terms.

 

2.            To commit £30,000 revenue (Planning Reserve) in 2023/24 as part of establishing the Joint Venture. The purpose of the funding being to establish the operating model in year one, after which there will be full recovery of the operating costs as part of the credit income.

 

3.            To delegate to the Director of Place and Climate Change in consultation with the Leader of the Council to finalise the details of the joint venture agreement and operating arrangements and enter the Joint Venture

 

15.

The Reef Solar Car Port pdf icon PDF 368 KB

Summary:

 

 

The Corporate Plan and Net Zero Action Plan both required the exploration of the deployment of solar PV on the Council’s car parks.  This report summarises this possibility on the Council’s Car Park at the Reef Leisure Centre, Sheringham in terms of sustainability, climate action and return on investment for the Council. It proposes a scheme that it is considered brings multiple benefits and will serve as a demonstration project and pilot for potential further schemes of a similar nature.

 

 

Options considered:

1.      To build a 2 bay solar car port at the Reef.  Reducing the Council’s carbon footprint, supplying the Reef with renewable energy and providing a return on investment for the Council

2.      To build a 3 bay solar car port at the Reef. Reducing the Council’s carbon footprint, supplying the Reef with renewable energy and providing a return on investment for the Council

3.      To not build a solar car port at the Reef. Not contributing to our Net Zero Strategy and Action plan or protecting against the fluctuations in energy prices to the leisure centre.

 

Conclusions:

 

It is recommended that the scheme is approved for the project to construct a two bay solar array (option 1) on the Reef Car Park as outlined in the business case and that supplier A is appointed as the contractor.

 

Recommendations:

 

 

 

 

 

 

 

 

 

It is recommended:

 

·      To appoint supplier A to design and build a solar car port at the Reef, in accordance with the costs and specifications for two rows of photo voltaic arrays as set out in the business case (confidential appendix A) within the allocated budget for this scheme

·      To delegate to the Assistant Director for Sustainable Growth, in consultation with the Portfolio Holder for Climate Change and Environment, agreement on the detailed design of the scheme

·      To delegate to the Assistant Director for Environmental and Leisure Services to negotiate a suitable agreement with Sports Leisure Management Ltd. (Everyone Active) for matters relating to the electricity supply and any operational matters relevant to the site and the leisure contract

·      To delegate to the Environment and Climate Policy Manager to explore options for further installations at other Council-owned assets (e.g. other leisure centres) as soon as this project is successfully underway

.

Reasons for

Recommendations:

 

·       To generate renewable energy to supply the Reef Leisure Centre and aid the Council’s transition to Net Zero, reducing carbon and producing an associated cost saving from carbon avoided

·       To provide a return on investment reducing the Council’s and/or its contractor’s energy costs

·       To help protect the electricity supply to the Reef against ongoing energy price increases thus helping secure the use of the asset for the District

·       To demonstrate the viability, acceptability, desirability and deliverability of this renewable technology to inform decisions about its potential roll-out on other parts of the Council’s estate

·       To showcase the scheme to inspire landowners, businesses and the wider community to embrace renewable energy generation

 

 

               

Cabinet Member(s)

Cllr Nigel Lloyd

 

Ward(s) affected Sheringham South

Contact Officer, telephone number  ...  view the full agenda text for item 15.

Decision:

Decision

RESOLVED

 

·      To appoint supplier A to design and build a solar car port at the Reef, in accordance with the costs and specifications for two rows of photo voltaic arrays as set out in the business case (confidential appendix A) within the allocated budget for this scheme

·      To delegate to the Assistant Director for Sustainable Growth, in consultation with the Portfolio Holder for Climate Change and Environment, agreement on the detailed design of the scheme

·      To delegate to the Assistant Director for Environmental and Leisure Services to negotiate a suitable agreement with Sports Leisure Management Ltd. (Everyone Active) for matters relating to the electricity supply and any operational matters relevant to the site and the leisure contract

·      To delegate to the Environment and Climate Policy Manager to explore options for further installations at other Council-owned assets (e.g. other leisure centres) as soon as this project is successfully underway

 

Reasons for the decision:

 

 

·       To generate renewable energy to supply the Reef Leisure Centre and aid the Council’s transition to Net Zero, reducing carbon and producing an associated cost saving from carbon avoided

·       To provide a return on investment reducing the Council’s and/or its contractor’s energy costs

·       To help protect the electricity supply to the Reef against ongoing energy price increases thus helping secure the use of the asset for the District

·       To demonstrate the viability, acceptability, desirability and deliverability of this renewable technology to inform decisions about its potential roll-out on other parts of the Council’s estate

·       To showcase the scheme to inspire landowners, businesses and the wider community to embrace renewable energy generation

 

 

 

16.

Lease of premises at North Lodge Park, Cromer pdf icon PDF 323 KB

Summary:

 

 

 

 

 

 

 

 

 

Options considered:

The District Council owns a premises, formerly used as café/tea room and nursery along with adjoining public toilets at North Lodge Park, Cromer.

 

The premises were advertised to let during 2022 and a number of bids have been received.  These bids have been reviewed and assessed and recommendations are now made to Cabinet regarding a lease proposal.

 

A variety of bids with different use options have been received and considered in detail.

 

As this asset is an integral part of North Lodge Park and its rental income supports Council services an alternative option to dispose of the premises was considered and discounted.

 

  1. Proposal ref 1 outlined in the exempt Appendix A would demonstrate best financial consideration in accordance with s.123 Local Government Act 1972 and is the option recommended by officers
  2. Proposals 2, 3, 4 and 5 in Appendix A may be considered where Members are satisfied that such bid promotes or improves social well-being  in the whole or part of its area to such an extent that the general rule of best financial value should be departed from.*
  3. The remaining proposals are of significantly lower financial value and these proposals are unlikely to meet best value consideration

 

 Where departing from the best financial value option set out at option 1 above, any reason for the decision would need to detail that the lease disposal is likely to contribute to the promotion or improvement of social, economic or environmental well-being.

 

 

Conclusions:

 

 

Following advertising of the vacant premises on the open market, ten bids were received for the lease of the Seaview buildings at North Lodge Park.  Due diligence has been undertaken on each of these bids as outlined in section 2 of the report. Recommendation 1 is the officer recommendation on the basis of best financial value, but an alternative option, above, is provided for Members to consider where they are satisfied that another bid promotes the improvement of social well-being to such an extent that the general rule of best financial value, should be departed from.

 

 

Recommendations:

 

 

 

 

 

 

 

Reasons for

Recommendations:

 

It is recommended that Cabinet:

 

Approve proposal ref: 1 as outlined in the exempt appendix A which demonstrates best financial consideration, in accordance with s123 of the LGA Act 1972

 

A lease of the premises which brings the building back into use and will see an improvement in the Park through tenant investment.  The proposal will generate income that will be used to fund Council services.

 

Where departing from the best financial value, if a bid in option 2 above is approved, the reasons for disposal will need to have regard to the contribution of that bid to the promotion or improvement of social, economic or environmental well-being.

 

 

Cabinet Member(s)

Cllr. E Seward

Ward(s) affected

Suffield Park and Cromer Town wards

 

Contact Officer, telephone number and email:

Renata Garfoot.  Asset Strategy Manager.  Tel: 01263 516086 

Email: Renata.garfoot@north-norfolk.gov.uk

 

 

Additional documents:

Decision:

Decision

RESOLVED

 

Approve proposal ref: 3 as outlined in the exempt appendix A.

 

Members are satisfied that the bid promotes or improves social well-being in the whole or part of its area to such an extent that the general rule of best financial value should be departed from.

 

Reason for the decision:

 

A lease of the premises which brings the building back into use and will see an improvement in the Park through tenant investment.  The proposal will generate income that will be used to fund Council services.

 

In departing from the best financial value, and approving Bid 3, the reasons for disposal were considered to have regard to the contribution of that bid to the promotion or improvement of social, economic or environmental well-being.

 

17.

Exclusion of Press and Public

To pass the following resolution:

 

a.    That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 & 5  of Part I of Schedule 12A (as amended) to the Act.”

 

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

 

 

Agenda Item Numbers

Paragraphs of Part 1 Schedule 12A

14

3, 5

15

3

16

3

 

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.

 

 

Additional documents:

18.

Private Business