Meeting documents

Cabinet
Wednesday, 10th September, 2014

Place: Shield Room, Civic Centre, West Paddock, Leyland PR25 1DH

 Present: Councillors Mrs M Smith (Leader of Council) (in the chair)

Councillors Mullineaux (Deputy Leader and Neighbourhoods and Street Scene) , Hamman (Shared Services and Corporate Support), Hughes (Strategic Planning and Housing), Robinson (Finance and Resources) and P Smith (Regeneration, Leisure and Healthy Communities)
 In attendance: Chief Executive (Mike Nuttall) and Democratic Services Officer (Carol Eddleston)
 Public attendance: 1 and 1 member of the press
 Other Members and Officers: Councillors Ms Bell, W Bennett, Mrs D Gardner, M Gardner, Michael Green, Heyworth, Martin, Titherington and M Tomlinson and four officers

Item Description/Resolution Status Action
OPEN ITEMS
8 Apologies for Absence

All members of the Cabinet were present.


Noted   
9 Declarations of Interest

Councillor Martin declared a personal interest, as an employee of Lancashire County Council,?in agenda items 7, Housing Assistance Policy 2014, and 9, Performance, Budget and Risk Monitoring Report.


Noted   
10 Minutes of the Last Meeting
Minutes attached

RESOLVED (unanimously) that:

the minutes of the meeting held on 11 June 2014 be approved as a correct record and signed by the chairman.


Agreed   
11 Corporate PC Replacement
Report (61K/bytes) attached

The Cabinet Member for Shared Services and Corporate Support announced that he was withdrawing this report as information had just been received to the effect that the procurement system for hardware was changing nationally and it was therefore considered appropriate to await new guidance and bring a report to the next meeting.


Noted   
12 Anti-Social Behaviour - Community Triggers
Report attached attached

The Cabinet Member for Neighbourhoods and Streetscene presented the report which introduced the provision of Community Triggers giving anti-social behaviour victims and communities the right to request a review of their case and bring agencies together to take a joined up approach to find a solution. The report was seconded.

Members of the Cabinet regretted that the definition of anti-social behaviour excluded ?nuisance and annoyance? but welcomed the multi-agency approach and recalled local incidences of anti-social behaviour which had been successfully dealt with in this manner.

Cabinet members shared Councillor Hughes? view that repeated irresponsible parking and behaviour during the ?school run? was a real cause of concern in built-up areas. He said that neither the police nor the county council enforced parking restrictions and something needed to be done to alleviate the problem.

In responding to questions from other members present about which other bodies might be designated as responsible agencies (such as schools), who had responsibility for determining what constituted ?harassment?, ?annoyance? and ?hate?, and for logging incidents and initiating investigations, the Cabinet Member and the Leader pointed out that the legislation was very new and there would undoubtedly be refinements moving forwards, but this was a council responsibility working in close liaison with the police and with other relevant agencies as considered appropriate.

RESOLVED (unanimously):
1) that the proposed Community Triggers be adopted as outlined in the report;
2) that authority be delegated to the Director of Neighbourhoods, in consultation with the Cabinet Member for Neighbourhoods and Streetscene, to designate social landlords in the borough to be part of the Community Trigger group of relevant bodies and/or to issue Community Protection Notices, and
3) that authority be delegated to the Director of Neighbourhoods, in consultation with the Cabinet Member for Neighbourhoods and Streetscene, to adjust the Community Triggers following any future review and subsequent recommendations from the Lancashire Anti-Social Behaviour group.


Agreed   
13 Community Infrastructure Levy ? Instalments Policy and Payment in Kind
(Strategic Planning and Housing)
(This item is a key decision and subject to Council confirmation)

Report attached

The Cabinet Member for Strategic Planning and Housing presented the report which considered an instalments policy and a payment in kind policy intended to ensure the fair, practical and flexible implementation of the Community Infrastructure Levy.

Councillor Hughes proposed that the policy wording on page 2 should be amended to read ?in those circumstances that the authority Cabinet resolve are acceptable, it the authority will accept land and/or infrastructure?.? to ensure that Cabinet was satisfied that the council was getting a fair deal in terms of payment in kind. The report and proposed amendment were seconded.

Another member present suggested that it was crucial for the borough for some larger projects to come through and expressed concern about the possible adverse impact on the viability of large strategic housing sites as mentioned on page 3. He considered that a review of the policy within 12 months might be premature. The Cabinet Member acknowledged that this was a new venture and pointed out that the policy could be reviewed at any time. It had been discussed at the highest level with developers and it was considered that it was the smaller developers who might have difficulty paying up front.

RESOLVED (unanimously):
1) that the Community Infrastructure Levy ?Payment in Kind? policy as amended above be adopted, and
2) that the Community Infrastructure Levy Instalments policy be adopted.


Agreed   
14 Housing Assistance Policy 2014
Report attached
Policy attached attached

The Cabinet Member for Strategic Planning and Housing presented the Housing Assistance Policy 2014 which brought together and updated a number of existing policies, including Disabled Facilities Grants (DFGs), and the changes to that scheme were outlined on page 3. The report was seconded.

Members of the Cabinet commended the policy for its clarity, particularly in relation to the DFGs.

Other members present generally welcomed the changes but had lingering concerns about the underspend on DFGs over the last year and the impact that this might have had on people on the waiting list. They sought assurance that the money would be spent quickly to allow the backlog to be cleared and residents to have potentially life changing adaptations made / equipment fitted.

Responding to questions and observations from members in the audience, Councillor Hughes agreed that it had been a traumatic two years and he was sympathetic to members? concerns. However, this policy signified a fresh start and the council officers concerned were determined to make the scheme work. Ultimately control was being handed back to the customer to choose who to appoint to carry out the work, although the council would maintain a list of approved suppliers and would be able to check on the quality of work undertaken.

The Leader pointed out that the waiting list had reduced by about 60% following an exercise to determine eligibility. She and her Cabinet colleagues were fully supportive of Disabled Facilities Grants and wanted things to move forward as quickly as possible. Progress was being monitored extremely closely now, with fortnightly reports provided to the Cabinet Member. She understood there had been a suggestion of a separate ?pot? for stairlifts which she thought was a good idea.

RESOLVED (unanimously):
1) that Council be recommended to adopt the Housing Assistance Policy 2014;
2) that the policy be published in accordance with the provisions of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 and come into effect after the date of publication, and
3) that Council be recommended to adopt the provisions of the Housing Grants, Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions Relating to Approval of Payment of Grant) General Consent Order 2008 (??the General Consent Order??), and
4) that Council be recommended to approve and adopt the grant conditions as outlined in Appendix 1 of the policy.


Agreed   
15 Our People Plan Outturn 2013/2014 and Draft Our People Plan 2014/2015
Report attached
Appendix B attached

The Leader presented for noting the report which had been considered at length at the meeting of the Scrutiny Committee on 23 June 2014. She was pleased to report that 97% of personal appraisals had now been completed.

RESOLVED (unanimously):
that the report be noted.


Agreed   
16 Performance, Budget and Risk monitoring report ? year end 2013/14 (April 2013 to March 2014)
Report attached attached
Appendix 1 attached
Appendix 2 attached

The Leader presented for noting the report which had been considered at length at the meeting of the Scrutiny Committee on 23 June 2014.

In response to a question from the member of the public, the Cabinet Member for Finance and Resources confirmed that the authority examined every aspect of the council to try to ensure it was as efficient as possible. Redundancy was not a measure of efficiency and every effort was made to avoid redundancy whenever possible.

RESOLVED (unanimously):
that the report be noted.


Agreed   
17 Site Allocations and Development Management Policies Development Plan Document (DPD) - Proposed Further Modification

Report attached

The Cabinet Member for Strategic Planning and Housing presented the report which provided an update on the adoption of the Site Allocations Development Plan Document and the new Local Plan, and raised awareness of recent correspondence suggesting the potential for a legal challenge by another local authority in relation to Policy C4 concerning the Cuerden site.

The report sought Cabinet approval for six weeks consultation on an amendment to the policy requiring that ?any proposed main town centre uses must satisfy the sequential and impact tests?.?

Members were supportive of the amendment but expressed their frustration that this council was being put in this position now and said that they would be looking more closely at policies of other local authorities.

RESOLVED (unanimously) that:
the Further Main Modification relating to Policy C4, the Cuerden Strategic site, be endorsed for a six week consultation period and subsequent submission to the Planning Inspectorate.


Agreed   
18 Forward Plan
Forward Pllan attached

RESOLVED (unanimously):
that the Forward Plan submitted under section 22 of the Local Government Act 2000 be approved.


Agreed   
19 Exclusion of Press and Public

RESOLVED (unanimously):
that the press and public be excluded from the meeting during the consideration of the following item of business as it involved the discussion of information defined as exempt from publication under paragraph 5 of Part 1 of Schedule 12A of the Local Government Act 1972, ?information in respect of which a claim to legal professional privilege could be maintained in legal proceedings? and, in which the public interest in maintaining the exemption outweighed the public interest in disclosing it.


Agreed   
EXEMPT ITEMS
20 Exempt Item. (Legal Professional Privilege) - Land Charges
Report attached

The Cabinet Member for Finance and Resources presented the report for noting.

RESOLVED (unanimously):
that the report be noted.


Agreed   

  Published on Friday 12 September 2014
The meeting finished at 6.00pm.