Agenda, decisions and minutes

Cabinet - Monday, 10th May, 2021 10.00 am

Venue: Council Chamber - Council Offices. View directions

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

Items

No.

Item

71.

Update from the Leader

Minutes:

The Leader thanked Cllr Kershaw and Cllr Seward for standing in for her during a very difficult time.

She welcomed members back to the Council Chamber, saying that NNDC was one of the first local authorities to hold a physical meeting following the change in the rules. The Leader spoke about her concerns around holding meetings in person and her disappointment that Central Government had not responded to the requests from all parties across the UK asking them to extend virtual meetings for a couple of months to allow all members to attend and keep safe. She thanked everyone for their patience and understanding whilst the Council adapted to a different way of working.

72.

Minutes PDF 349 KB

To approve, as a correct record, the minutes of the meeting of the Cabinet held on 12 April 2021.

Minutes:

The minutes of the meeting held on 12^th April were approved as a correct record, subject to the following amendment:

Minute 63 – paragraph 1: ‘were announced’ to be removed as it was repetitious.

73.

Public Questions and Statements

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

Minutes:

None received.

74.

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

Decision:

Decision

RESOLVED

That Cabinet extend the Deed of Settlement with Everyone Active based on the proposed figures for the financial year 2021/22.

To finance any financial liability which becomes due from the Delivery Plan Reserve.

Reasons for the Decision:

To mitigate the risk of claim on the contract and to limit the financial exposure of the Council.

Minutes:

The Leader said that there was one item of urgent business:

Leisure Contract – Proposed extension to the Deed of Settlement to reflect the ongoing impact of COVID19 on the performance of the Leisure Operating Contract.

As there was an exempt appendix, the Leader proposed taking this item at the end of the meeting.

Decision

RESOLVED

That Cabinet extend the Deed of Settlement with Everyone Active based on the proposed figures for the financial year 2021/22.

To finance any financial liability which becomes due from the Delivery Plan Reserve.

Reasons for the Decision:

To mitigate the risk of claim on the contract and to limit the financial exposure of the Council.

75.

Declarations of Interest PDF 233 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)

Minutes:

Cllr Shires declared the following non-pecuniary interest in Agenda Item 4 – urgent business:

Membership of Victory Leisure Centre in North Walsham

76.

Members' Questions

To receive oral questions from Members, if any

Minutes:

None received.

77.

Recommendations from Planning Policy & Built Heritage Working Party

The following recommendations were made at the meeting of the Planning Policy & Built Heritage Working Party held on 19^th April 2021:

Local Plan Draft Policy Approaches to Sustainable Development.

Recommendations:

To endorse the revised Policy below delegating responsibility for drafting such an approach, including that of finalising the associated policies to the Planning Manager:

SD7 – Renewable and Low Carbon Energy

North Walsham Western Extension: Public Engagement

Recommendations:

That delegated authority is given to the Planning Policy Manager on the final timing and content of the engagement material following consultation with the Chair of the Planning Policy and Built Heritage Working Group and North Walsham Members.

Minutes:

Cllr J Toye, Portfolio Holder for Planning, introduced this item. He explained that the additional recommendation regarding the Norfolk Strategic Planning Framework and surface and foul water drainage, which had been agreed at the previous meeting of Cabinet (minute 59) had not been supported when it was taken through to the wider Strategic Planning Forum. He reassured members that the Council’s Local Plan would cover this issue and would be stronger than the wider strategic framework. Discussions on this issue at County level would continue and he proposed that the Council continued to sign up to the framework.

He then spoke about the recommendations before Members. He said that the Council continued to work hard regarding renewable and low carbon energy.

It was proposed by Cllr J Toye, seconded by Cllr A Fitch-Tillett and

RESOLVED

Local Plan Draft Policy Approaches to Sustainable Development.

To endorse the revised Policy below delegating responsibility for drafting such an approach, including that of finalising the associated policies to the Planning Manager:

SD7 – Renewable and Low Carbon Energy

North Walsham Western Extension: Public Engagement

78.

Recommendations from Overview & Scrutiny Committee

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.

The following recommendation was made by the Overview & Scrutiny Committee at the meeting held on 21^st April 2021:

RESOLVED

1. To recommend to Cabinet that consideration is given to developing and including a Charter Mark system setting standards across the spectrum of environmental improvements sought, such as: Energy Conservation; Renewable Energy Generation and Storage; Water Capture, Usage and Quality; Flood Prevention and Mitigation, Reductions in Single Use Materials and Carbon Capture projects. Such a system should link up with relevant Planning Policy standards, include an annual award/recognition scheme and seek accreditation with an external environmentalbody.

2. To recommend to Cabinet that consideration is given to increasing the educational and public engagement opportunities to promote active commitment to the Charter and the wider climate changeagenda..

To endorse the draft Environmental Charter for consultation with the Environment Forum, prior to a revised draft being considered by Cabinet and Council foradoption.

Decision:

Decision

RESOLVED to accept the following recommendations:

1. That consideration is given to developing and including a Charter Mark system setting standards across the spectrum of environmental improvements sought, such as: Energy Conservation; Renewable Energy Generation and Storage; Water Capture, Usage and Quality; Flood Prevention and Mitigation, Reductions in Single Use Materials and Carbon Capture projects. Such a system should link up with relevant Planning Policy standards, include an annual award/recognition scheme and seek accreditation with an external environmental body.

2. That consideration is given to increasing the educational and public engagement opportunities to promote active commitment to the Charter and the wider climate changeagenda..

Minutes:

The Chairman of Overview & Scrutiny Committee, Cllr Dixon, introduced this item. He outlined the two recommendations, highlighting the proposal for the Council to establish a charter mark scheme. He said the Committee had a very positive view of the Environment Charter and the discussion had been positive and constructive.

Cllr Dixon conveyed his disappointment that the Equality and Diversity Policy was not on the Cabinet agenda for this month. He asked when it would be coming forward.

The Leader replied that it would be considered at the next meeting on 7^th June.

Cllr N Lloyd, Portfolio Holder for Environment and Climate Change, said that he welcomed the feedback from the Overview & Scrutiny Committee. He said that consideration would be given to adopting a charter mark scheme but that it would involve a lot of work. Regarding the recommendations to strengthen educational engagement opportunities, he said that this was emphasised throughout the charter and underpinned it.

The Leader said that it was important to start moving forwards with the Environment Charter now.

Cllr Hayman said that he welcomed the feedback from the committee and said that environmental issues should be above party politics and he hoped that everyone would sign up to it and engage with each other to support it.

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

RESOLVED to accept the following recommendations:

2. That consideration is given to increasing the educational and public engagement opportunities to promote active commitment to the Charter and the wider climate changeagenda..

79.

Officer Delegated Decisions March to April 2021 PDF 221 KB

Summary:

Options considered:

This report details the decisions taken by Senior Officers under delegated powers from 1^st March 2021.

Not applicable.

Recommendations:

Reasons for

Recommendations:

To receive and note the report and the register of officer decisions taken under delegated powers.

The Constitution: Chapter 6, Part 5, sections 5.1 and 5.2. details the exercise of any power or function of the Council where waiting until a meeting of Council or a committee would disadvantage the Council. The Constitution requires that any exercise of such powers should be reported to the next meeting of Council, Cabinet or working party (as appropriate)

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)

Delegated decision forms – as completed by the relevant officer

Cabinet Member(s)

All

Ward(s) affected

All

Contact Officer, telephone number and email:

Emma Denny, Democratic Services Manager, 01263 516010

Additional documents:

(7) Register of Delegated Decisions , item 79. PDF 115 KB

Minutes:

The Leader advised members that this item detailed for the public record the decisions taken by senior officers under delegated powers from 1^st March 2021 onwards.

AGREED

To receive and note the report.

80.

Environmental Charter PDF 231 KB

Summary:

Options considered:

North Norfolk District Council’s (NNDC) Corporate Plan commits to the delivery, and adoption, of an Environmental Charter.

The draft Environmental Charter is based on evidence and views contributed at engagement events and has been formulated with the input of a wide range of officers and members, through a series of workshops. The draft document appended to this report has now been shared with external stakeholders via the Environment Forum.

To endorse the Environmental Charter

To not endorse the Environmental Charter, however, this contradicts the Council’s Corporate Plan objectives.

Conclusions:

The Environmental Charter is an important step in the Council’s approach to dealing with the Climate Change Emergency declared in April 2019. Born out of public and stakeholder proposals garnered at the Council’s ‘Environment Forum’ the Environmental Charter is a public facing document which sets out NNDC’s path towards environmental excellence and a net-zero carbon emissions future.

Recommendations:

Reasons for

Recommendations:

To approve the Environmental Charter.

NNDC’s Corporate Plan commits to delivering an Environmental Charter. Once approved the Environmental Charter will become an adopted Council document which will enable this element of the Corporate Plan to be delivered whilst simultaneously reinforcing NNDC’s commitment to addressing the climate change emergency, which it declared in April 2019. Engaging with the Environment Forum has completed the circle of engagement as the concepts within the Charter are derived from input provided at the first Forum workshop.

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)

N/A

Cabinet Member:

Cllr Nigel Lloyd

Ward(s) affected:

District Wide

Contact Officer:annie.sommazzi@north-norfolk.gov.uk

Additional documents:

(3) Environment Charter Appendix One - OS Final Draft , item 80. PDF 966 KB

Decision:

Decision

RESOLVED:

To approve the Environmental Charter

Minutes:

Cllr N Lloyd, Portfolio Holder for Environment and Climate Change, introduced this item. He said that engagement on the charter had been extensive and had involved staff and member workshops and a public forum. Feedback on the forum had been excellent with 85% of attendees rating it very highly. He said that the overwhelming view was that people wanted the Council to get on with progressing the charter and moving forwards with the green agenda.

Cllr Dixon said that he agreed with Cllr Hayman’s earlier comments regarding it being a non-political issue. He added that the Council had the scope and power to progress this and should do so.

It was proposed by Cllr N Lloyd, seconded by Cllr J Toye and

RESOLVED:

To approve the Environmental Charter

81.

Apprenticeship Scheme PDF 248 KB

Summary:

Options considered:

This report provides information on apprenticeships in the council and the use of our Apprenticeship Levy monies. It specifically asks for consideration to be given to the allocation of £200,000 of reserve monies from the Delivery Plan reserve, to assist Directorates with the funding of apprenticeship salaries. This will enable the Council to continue to grow its apprenticeship offer, investing in the futures of our young people and ensuring that the Council continues to develop and grow the skills that the organisation needs now and in the future, whilst at the same time maximising the use of our levy monies.

Consideration has been given to using current staffing budgets to fund apprenticeship salaries, but this is not feasible in all cases as many Departments do not have the budget available to them to do this.

We have also considered encouraging Managers to always explore the apprenticeship option if a vacancy arises. However in some cases, the level of skills and technical knowledge required to fill a particular vacancy would not always support this.

In both of these examples the number of apprenticeships that we could offer overall would be reduced and we would be less able to support young people in the District into work.

We do have the opportunity under Apprenticeship Levy rules to transfer out up to 25% of our levy monies to an employer(s) of our choice. However we are a small authority and our levy pot is small (£36,300 pa) Transferring out money would reduce the Council’s opportunity to invest in the skills that it needs for the future, as well as limiting our ability to think more creatively about how we plug our hard to fill vacancies.

Allocating some monies from reserve funds to help support Directorates to recruit apprentices will allow the Council to develop the skills it needs for the future whilst at the same time providing job opportunities for our young people. This would be at a time when their career opportunities have been severely limited and impacted by the Covid pandemic. Allocation of reserves to assist with the funding of apprenticeship salaries has worked successfully in the past and many of our apprentices have gone on to secure permanent employment with the Council.

Conclusions:

This report provides information in regard to apprentices and the Apprenticeship Levy. It provides information on our current situation and makes a recommendation that further reserve monies should be set aside to ensure that the Council can continue to provide opportunities for Apprentices. The current pandemic has directly affected young people’s career opportunities. This will provide an opportunity for us to invest in the futures of our young people in the District as well as providing the Council with a key resource for the future, building the skills and knowledge that we will need, helping to recruit into hard to fill vacancies and assisting with succession planning.

Recommendations:

Reasons for

Recommendations:

It is recommended that Cabinet sets aside a contribution of £200,000 to assist ... view the full agenda text for item 81.

Decision:

Decision

RESOLVED

To set aside a contribution of £200,000 to assist with the funding of apprentices salaries. This contribution should be allocated from the Delivery Plan Reserve.

Reason for the Decision:

The release of the reserve monies will allow the Council to continue to grow our apprenticeship offer, investing in the futures of the young people in the district and will also ensure that the Council is developing the skills and talent that it needs now and in the future.

Minutes:

The Leader introduced this item. She explained that the proposals would build on an existing scheme and was aimed at growing the Council’s apprenticeship offer, growing and developing the skills that the organisation needed.

Cllr Toye said that the Council had a reputation for being a good employer and this scheme would give people an opportunity to develop their skills in a supportive environment.

It was proposed by Cllr S Butikofer, seconded by Cllr J Toye and

RESOLVED

To set aside a contribution of £200,000 to assist with the funding of apprentices salaries. This contribution should be allocated from the Delivery Plan Reserve.

Reason for the Decision:

82.

Urgent Business - Leisure Contract - Proposed extension to the Deed of Settlement to reflect the ongoing impact of COVID19 on the performance of the Leisure Operating Contract. PDF 235 KB

View the background to item 82.

Summary:

Options considered:

Due to the further COVID19 related restrictions on the sports and leisure facilities, and the uncertainty of when the facilities will be able to operate at pre-COVID capacity, the Council has been approached by the Leisure Operating Contract Operator, Everyone Active, for further financial support, in line with Government guidance. The proposal to extend the Deed of Settlement, agreed for the 2020/21 financial year, caps the maximum cost to the Council. These figures have been independently scrutinised by FMG who have confirmed that they are realistic and in line with other local authorities nationwide.

1. Do not extend the Deed of Settlement.

2. Extend the Deed of Settlement but negotiate lower capped monthly figures.

3. Extend the Deed of Settlement based on the proposed figures.

Conclusions:

The Leisure Contract is in its third year of a ten-year contract. The contract took significant resource to procure and represented good value for money; it was not possible to foresee the impact that COVID19 would have on the performance of the contract when it was let. Agreeing the extension of the Deed of Settlement is in accordance with current Government guidance and removes the potential for contractual claims by the Operator. Extending on the monthly capped figures proposed by the Operator removes the risk of further contractual claim or failure during the period, limits the financial liability of the Council and provides certainty for the Operator.

Recommendations:

Reasons for

Recommendations:

That Cabinet extend the Deed of Settlement with Everyone Active based on the proposed figures for the financial year 2021/22.

To finance any financial liability which becomes due from the Delivery Plan Reserve.

To mitigate the risk of claim on the contract and to limit the financial exposure of 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)

Procurement Policy Note - Supplier relief due to COVID-19 (PPN 02/20) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/874178/PPN_02_20_Supplier_Relief_due_to_Covid19.pdf

Procurement Policy Note – Recovery and Transition from COVID-19 (PPN 04/20)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/891154/PPN_04_20-_Recovery_and_Transition_from_COVID-19.pdf

Cabinet Member(s)

Virginia Gay

Ward(s) affected

All

Contact Officer, telephone number and email:

Karl Read, 01263 516002, karl.read@north-norfolk.g

Additional documents:

Restricted enclosure 12 View the reasons why document 82./2 is restricted

Minutes:

The Leader said that she hoped to keep the discussion in public session but that if any member wished to speak on the exempt appendix, then the meeting would need to move into private business.

She invited Cllr Gay, Portfolio Holder, Portfolio Holder for Leisure, Wellbeing and Culture to introduce the report. Cllr Gay said that agreeing the extension of the Deed of Settlement for the Council’s leisure contract was in accordance with Government guidance and removed the potential for contractual claims by the operator. She thanked the officers for their hard work in preparing the report to a tight deadline.

It was proposed by Cllr V Gay, seconded by Cllr E Seward and

RESOLVED

That Cabinet extend the Deed of Settlement with Everyone Active based on the proposed figures for the financial year 2021/22.

To finance any financial liability which becomes due from the Delivery Plan Reserve.

83.

Exclusion of Press and Public

To pass the following resolution:

“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 _ of Part I ofSchedule 12A (as amended) to the Act.”

84.

Private Business