Agenda and minutes

None received.

None.

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

None received.

To approve as a correct record the minutes of the meeting of the Overview and Scrutiny Committee held on 10^th November 2021.

Minutes of the meeting held on 10^th November 2021 were approved as a correct record and signed by the Chairman.

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 requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest.

Cllr A Brown declared a pecuniary interest for item 15 of the agenda and stated that he would excuse himself from the meeting for that item.

To consider any petitions received from members of the public.

None received.

To consider any requests made by non-executive Members of the Council, and notified to the Monitoring Officer with seven clear working days’ notice, to include an item on the agenda of the Overview and Scrutiny Committee.

None received.

To consider any responses of the Council or the Cabinet to the Committee’s reports or recommendations:

At its meeting held on 29^th November 2021, Cabinet voted to accept the following recommendations:

2. To recommend to Cabinet that greater consideration be given to the future management and maintenance of trees planted as a result of the strategy, and that the importance of hedgerows be given greater consideration, with the potential for their inclusion in the Strategy’s title.

3. To recommend to Cabinet that consideration be given to the potential development of a separate Biodiversity Strategy, with special reference to ecosystems dependent on peat, salt marsh, and seaweed.

The DSGOS informed Members that at the Cabinet meeting on 29^th November 2021, recommendations on the Tree Planting Strategy were accepted with some caveats. He added that whilst Cabinet agreed that hedgerows were an important element of the Strategy, they would not be included in the title. It was reported that further information on tree maintenance would be included in the Strategy, and consideration would also be given to developing a separate Biodiversity Strategy.

To receive a briefing on the target operating model of the waste contract from Serco Officers.

The DFC introduced the item and informed Members that potential changes were being considered to delivery of the waste contract by Serco. The SRD reported that Serco had been delivering the waste contract for approximately eighteen months, and it was fair to say that not all promises had been delivered, with Covid-19 and Brexit provided as contributing factors. It was noted that Covid infections had resulted in many staff having to self-isolate, whilst Brexit had caused vehicle delays and more recently driver shortages, further exacerbated by difficulties training new staff throughout Covid. The SRD informed Members that initial consultation had included a proposal to move to a fifty-hour four-day week, and whilst initially supported, staff had not supported this in practice, which had impacted delivery of the target operating model (TOM). He added that further factors impacting contract delivery included a significant increase in tonnage of refuse collected, and a fall in commercial waste which further increased municipal waste. It was noted that garden waste collections and the tonnage collected had also risen significantly during the Pandemic, which had led Serco to re-evaluate its TOM. The SRD reported that Serco were in the final stages of consultation on a new TOM, that was expected to complete in late January. He then referred to the Council’s gap analysis, and suggested that time was needed to consider what aspects Serco could deliver moving forward. 

Questions and Discussion

       i.          The Chairman stated that the gap analysis was helpful, but also a cause for concern with so many method statements unfulfilled as the contract approached its second anniversary.

      ii.          Cllr S Penfold referred to the staff consultations held to informed the redesign of the TOM, and asked who had been consulted. The SRD replied that consultees included the three Councils party to the contract, and the three Serco Teams for each District. He added that that a central team developed the initial plans, which would then be shared for comment with local teams and subject to their approval, with each local authority. It was noted that members of the public were not consulted on the proposals.

     iii.          Cllr V Holliday asked whether it was possible to quantify the level of underperformance attributable to Covid, in comparison to what had been overpromised in the original TOM. The RSD replied that whilst this would be useful, it was not possible at this time.

    iv.          Cllr N Housden referred to the annual service delivery plan, which included reference to risk analysis and contingency plans that had not been delivered, and stated that this was unacceptable for a contract of such complexity. The RSD replied that whilst he had not had time to work through the gap analysis in detail, he accepted that there would be several points considered to be unacceptable failures of the TOM.

      v.          Cllr A Brown referred to the contract bidding process and asked whether Serco had consulted with staff on the four-day week proposals. He then asked whether it would be possible to  ...  view the full minutes text for item 112.

Contact Officer, telephone number and email: Lucy Hume, 01263 516246, lucy.hume@north-norfolk.gov.uk     

Cllr E Seward introduced the report, noted that it had been approved by Cabinet in November and welcomed questions.

Questions and Discussion

       i.          Cllr L Withington referred to recent changes in the CIPFA Code that placed restrictions on borrowing for commercial investments, and asked whether any further consultation was expected and how the Council would respond. The CTA replied that CIPFA had consulted on Treasury Management Code and Prudential Code of Capital Finance in February, following proposed radical changes that would effectively outlaw commercial investments. She added that the initial consultation response had highlighted substantial concerns throughout the sector, and as a result CIPFA had committed to a second round of consultation. It was reported that officers were not hopeful of wholescale changes post consultation, given that a draft Code had already been published, though it was hoped that wording may be amended to soften the regulations. The CTA noted that a consultation was also expected on minimum revenue provision amongst other guidance from DLUHC, with changes expected that had the potential to disturb some of the Council’s activities. She added that officers would response to the consultation, and more detail could be provided if necessary.

      ii.          The recommendation was proposed by Cllr E Spagnola and seconded by Cllr L Withington.

RESOLVED

1.     To recommend that Council be asked to RESOLVE that The Treasury Management Half Yearly Report 2021/22 is approved.

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 Blatch, Chief Executive

Email:- steve.blatch@north-norfolk.gov.uk

Tel:- 01263 516232

Cllr E Seward introduced the report and informed Members it covered performance for the period July – September 2021.

A presentation was provided on the LG Inform benchmarking tool by the PPMO and CDA.

Questions and Discussion

       i.          The Chairman suggested that a full workshop session would aid Members’ understanding of the LG Inform software.

      ii.          Cllr A Brown referred to empty homes data and asked whether the information was accurate, as it appeared to showed an incorrect direction of travel. The PPMO replied that whilst there had been a significant improvement year on year, the period covered by the report showed a slight decline in performance.

     iii.          Cllr C Cushing referred to positive reporting on the Customer Focus priorities, and noted that corresponding information within the Operational Risk Register appeared to be contradictory, then asked which was accurate. The CE confirmed that a written response would be provided.

    iv.          Cllr S Penfold referred to point 4.5.4 on tree planting implementation marked as complete, and asked whether this referred to the implementation of the Strategy, or the physical planting of trees. Cllr N Lloyd confirmed it was the implementation of the Strategy, and the Chairman suggested that the wording be amended to better reflect this.

      v.          Cllr V Holliday referred to Customer Focus performance, and noted that individual KPIs appeared to show worse performance than the report summary. She added that KPIs had also been graded without targets, unless benchmarking information was being used. The CE replied that comparisons could not be made like for like, as the report was based on targets set within the Corporate Plan, whilst benchmarking data used national targets. He added that comments on corporate capacity within the Risk Register were fair, given the impact of Covid on the Council’s resources, and suggested that corresponding information within the Performance Report showed improvement as a result of renewed organisational capacity. The CE referred to point 3.3 on changes made to the report in response to previous requests for improvement made by the Committee.

    vi.          Cllr C Cushing noted that whilst the Performance Report was historic, the Risk Register should be forward facing, and he therefore expected them to be in sync with regard to improved performance and reduced risk. The CE replied that at the time the Risk Register was produced, Covid cases were rising and inherent risks were unlikely to reduce.

RESOLVED

1.     To note the report and endorse the actions being taken by Corporate Leadership Team detailed in Appendix A – Managing Performance.

ACTIONS

1.     To arrange a Member Workshop on the use of the LG Inform benchmarking software.

2.     CE to arrange written response on corresponding information between Performance Report and Corporate Risk Register.

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: Duncan Ellis (Director for Resources), 01263 516330 duncan.ellis@north-norfolk.gov.uk

Cllr E Seward introduced the report and informed Members of an amendment to the third recommendation to reflect that Cabinet requested Overview & Scrutiny’s involvement in the development of the Strategy. He added that suggestions had been made that the Environment and Quality of Life Scrutiny Panel would be well placed to undertake the work. It was reported that overall investment in the Council’s public conveniences would amount to £1.2m, with £30k made available to undertake any investigatory work required to develop the Strategy. Cllr E Seward stated that Cabinet would seek to ensure that a comprehensive public convenience provision be maintained.  

Questions and Discussion

       i.          Cllr H Blathwayt stated that as Chairman of the relevant Scrutiny Panel, he was supportive of helping to develop the Strategy as the first item of business.

      ii.          The recommendations as amended to reflect Cabinet’s request of Overview Scrutiny involvement were proposed by Cllr E Spagnola and seconded by Cllr P Fisher.

RESOLVED

1.     To support Cabinet’s decision to adopt the principles contained within the draft Strategy document contained within Appendix A;

2.     To support Cabinet’s decision to Approve a provisional budget of £30k to support with the evidence gathering recommended within the Strategy, to be funded from the Invest to Save reserve;

3.     To accept Cabinet’s request for the Overview & Scrutiny committee to further develop and embed the draft strategy and consider further work in relation to evidence collection via a Scrutiny Panel.

4.     To recommend to Full Council that further capital provision of £500,000 is allocated from capital receipts (to include any potential grant funding) to undertake improvements to facilities in Sheringham and North Walsham, to include provision of Changing Places facilities.

To consider the following Councillor Call for Action submitted by Cllr L Withington:

“A request for O and S to consider holding a One Day Rapid Review Process, focussing on the management and mitigation of the impact of second homes, holiday lets, B&Bs or Air B&Bs (Visitor Accommodation) in North Norfolk by NNDC”

The Chairman introduced the item and read out the CCfA as written by Cllr L Withington. He added that the constitution outlined six options, and suggested that the most appropriate option would likely be to request officers to prepare a report.

Questions and Discussion

       i.          Cllr L Withington suggested that an open working document could be used to facilitate input from various sources over a number of months, in order to limit the impact on resources.

      ii.          Cllr J Toye suggested that applying greater focus to the issue would allow the Council to consider whether it was doing enough to mitigate any negative impacts, whilst also considering what more could be done, both internally and externally.

     iii.          Cllr C Cushing stated that it would be helpful to gather metrics and data on the impact of second and holiday homes, as it was likely the impact would vary between parishes. He added that it would also be helpful to consider what other Councils were doing to respond to the issue, as well as considering all legislative options available.

    iv.          The DSGOS stated that it would be necessary to consider the scope of any review, and suggested that a scoping report could be prepared for consideration in advance of undertaking a review.

      v.          Cllr P Fisher suggested that it would be helpful to include Town and Parish Councils in the investigation, as they were often at the forefront of the issues. Cllr L Withington suggested that the Town and Parish Council Forum could be involved in the process. Cllr J Toye added that it would also be helpful to seek advice from external experts, to consider mitigation measures that might otherwise be overlooked.

    vi.          Cllr N Housden asked whether it would be possible to include religious institutions, as it was evident that some had been significantly affected by changes to local communities.

   vii.          Cllr S Penfold suggested that it may be more appropriate for a scoping report to come to the February meeting, given the existing items on the Work Programme. The CE stated that he was supportive of a scoping report coming to the February meeting, to avoid any resourcing issues during the Local Plan consultation. He added that reviewing the issue in full within a single day would be ambitious, and it would be helpful to take time to review any available data.

  viii.          The Chairman proposed that a scoping report be prepared to for the earliest possible meeting, to consider the Committee’s options to review the impact of second homes and holiday lets on the District. Cllr L Withington seconded the proposal.

RESOLVED

1.     To request that a scoping report be prepared for the earliest possible meeting to consider the Committee’s options to review the impact of second homes and holiday lets on the District.

To pass the following resolution, if necessary:

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

It was proposed by Cllr E Spagnola and seconded by Cllr A Varley that the press and public be excluded from the meeting in order to discuss exempt information contained within the Enforcement Update.

RESOLVED

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 paragraphs 1 and 2 of Part I of Schedule 12A (as amended) to the Act.

*The meeting adjourned for intermission at 11.30 and reconvened at 11.43’*

*Cllr A Brown left the meeting as a result of a declared pecuniary interest*

Cllr J Toye introduced the report and informed Members that the planning enforcement backlog had been reduced, with major cases moving forward. He added that the departing Team Leader had introduced a new enforcement landing page on the NNDC website, and long-term empty homes of six months or more had reduced from 496 to 472, whilst properties empty for two years or more were down from 158 to 138.

Questions and Discussion

       i.          The Chairman suggested that metrics outlining the extent to which the enforcement backlog had been reduced, and how much faster responses had been made would be useful. He added that it would also be helpful to know how often the Enforcement Board met, and for more details to be provided on the timeline of significant cases. It was confirmed that long-term empty homes were divided into two categories of either six months or more and two years or more, as these coincided with escalations in Council Tax charges. The Chairman referred to paragraph 5.2 and asked whether Parish and Town Councils were being informed of progress on significant cases. Cllr J Toye stated that he would review existing procedures to ensure that adequate information was provided to local Members and Parish Councils.

      ii.          Cllr N Housden referred to a specific case and raised a number of concerns in relation to progress. The RM confirmed that all outstanding debts for the case had been taken to court, and that progress had been made with some payments received. Cllr N Housden reiterated concerns that progress on the case was inadequate. The ADP replied that the case was complex and whilst enforcement action was being pursued, it would take time to resolve.

     iii.          Cllr V Holliday referred to staffing issues and asked whether this had impacted progress in some cases. She added that during the last Enforcement Update that had been discussion of additional resource, and asked whether any update was available. The ADP replied that progress had been made, with three full-time officers soon to be in place, whilst an external contractor had been recruited to provide additional capacity on an interim basis. He added that as part of the ZBB exercise, a funding request had been made for an Assistant Enforcement Officer and a Conditions Monitoring Officer. It was noted that the Planning Processing Team were also inputting information into the enforcement system, which saved enforcement officers time, allowing for greater progress on casework. The ADP stated that mobile app working was also being considered to allow on-site updates, alongside e-form reporting that would facilitate the reporting of breaches.

    iv.          In response to concerns, the ADP stated that cumulative steps had to be taken to ensure that individuals served an enforcement notice would respond accordingly, and it remained a complex and time consuming process. Cllr J Toye added that in order  ...  view the full minutes text for item 118.

To note the upcoming Cabinet Work Programme.

*The meeting returned to open session*

The DSGOS informed Members that the budget setting process would begin in January with reports going to Cabinet on the 31^st, following pre-scrutiny on the 12^th.

RESOLVED

To note the Cabinet Work Programme.

To receive an update from the Scrutiny Officer on progress made with topics on its agreed work programme, training updates and to receive any further information which Members may have requested at a previous meeting.

The DSGOS informed Members that both the January and February meetings were expected to be busy, with several financial reports expected in addition to the budget report. He added that several other items were expected including the MTI Process Review, the Sheringham Leisure Centre Project Review and the Ambulance Response Times Monitoring Report.

RESOLVED

To note the Overview & Scrutiny Work Programme.