Agenda, decisions and minutes

To confirm the Minutes of the Meeting held on 12 July 2016 (to be laid on the table half-an-hour before the meeting).

The Minutes of the Meeting held on 12 July 2016 were confirmed and signed as a correct record.

To receive from members, declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest raised under this heading.

Background Papers

Unless specified under an individual item, there are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to the reports in Part I of these minutes.

The report provides a review against the 2016/17 budget for the General Fund and the Housing Revenue Account forecast to 31 March 2017 based on the latest information available.

Recommendation

It is recommended that the Executive notes the report and

1.            agrees a supplementary estimate of £20,000 and recommends to the Council that a further supplementary estimate of £230,000 be approved for external legal costs to defend the Council’s position on the Judicial Review brought by the Farnham Interest Group (FIG), as detailed in paragraph 9;

2.            approves the allocation of £7,500 from the General Fund urgent capital schemes budget for CCTV at Weyhill bring-bank, detailed in paragraph 14;

3.            approves supplementary estimates of £10,000 for external legal costs relating to the need to secure the services of a “litigation friend” through the courts as detailed in paragraph 19 above and £15,000 for external legal costs associated with addressing an Anti Social Behaviour case in housing, detailed in paragraph 20 above, to be funded from the HRA working balance;  

4.         agrees that the school parking and Saturday garden waste collection budget additional income/savings proposals are not implemented in 2016/17, noting the impact on the budget as set out in paragraph 6(i);

5.         agrees that £40,000 be ring-fenced from the Council’s Emergency Funding provision for voluntary organisations in anticipation of the required capital expenditure needed to deliver a fresh meals service from the Day Centres, as detailed in paragraph 8; and

6.         approves the HRA business plan principles as set in paragraph 27.

The Executive amended the third principle to be applied to HRA capital spending in paragraph 27(iii) by adding the text in bold and italics, to read as follows:-

iii.        No further capital commitments to new buildings or refurbishment projects are to be made unless a sound financial business case is agreed with the Director of Finance and Resources and the Portfolio Holder for Finance.

The Executive noted the report and

1.            agreed a supplementary estimate of £20,000 for external legal costs to defend the Council’s position on the Judicial Review brought by the Farnham Interest Group (FIG), as detailed in paragraph 9;

2.            approved the allocation of £7,500 from the General Fund urgent capital schemes budget for CCTV at Weyhill bring-bank, detailed in paragraph 14, and agreed that the Director of Finance and Resources, in consultation with the Portfolio Holder, utilises funds from the Council’s Emergency Funding provision to purchase a second CCTV unit for use elsewhere in the Borough;

3.            approved supplementary estimates of £10,000 for external legal costs relating to the need to secure the services of a “litigation friend” through the courts as detailed in paragraph 19 above and £15,000 for external legal costs associated with addressing an Anti Social Behaviour case in housing, detailed in paragraph 20 of the report, to be funded from the HRA working balance;  

4.         agreed that the school parking and Saturday garden waste collection budget additional income/savings proposals are not implemented in 2016/17, noting the impact on the budget as set out in paragraph 6(i);

5.         agreed that £40,000 be ring-fenced from the Council’s Emergency Funding provision for voluntary organisations in anticipation of the required capital expenditure needed to deliver a fresh meals service from the Day Centres, as detailed in paragraph 8; and

6.         approved the HRA business plan principles as set in paragraph 27, as amended.

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

The Executive also agreed to RECOMMEND to the COUNCIL that a further supplementary estimate of £230,000 be approved for external legal costs to defend the Council’s position on the Judicial Review brought by the Farnham Interest Group (FIG), as detailed in paragraph 9.

[This item is recommended to the Council for decision and is not subject to the call-in procedure]

47.1    The Executive amended the third principle to be applied to HRA capital spending in paragraph 27(iii) by adding the text in bold and italics, to read as follows:-

iii.        No further capital commitments to new buildings or refurbishment projects are to be made unless a sound financial business case is agreed with the Director of Finance and Resources and the Portfolio Holder for Finance.

47.2    The Executive noted the report and RESOLVED that

1.            a supplementary estimate of £20,000 be agreed for external legal costs to defend the Council’s position on the Judicial Review brought by the Farnham Interest Group (FIG), as detailed in paragraph 9;

2.            the allocation of £7,500 be approved from the General Fund urgent capital schemes budget for CCTV at Weyhill bring-bank, detailed in paragraph 14, and that the Director of Finance and Resources, in consultation with the Portfolio Holder, utilises funds from the Council’s Emergency Funding provision to purchase a second CCTV unit for use elsewhere in the Borough;

3.            supplementary estimates of £10,000 be approved for external legal costs relating to the need to secure the services of a “litigation friend” through the courts as detailed in paragraph 19 of the report and £15,000 for external legal costs associated with addressing an Anti Social Behaviour case in housing, detailed in paragraph 20 of the report, to be funded from the HRA working balance; 

4.         the school parking and Saturday garden waste collection budget additional income/savings proposals are not implemented in 2016/17, noting the impact on the budget as set out in paragraph 6(i);

5.         £40,000 be ring-fenced from the Council’s Emergency Funding provision for voluntary organisations in anticipation of the required capital expenditure needed to deliver a fresh meals service from the Day Centres, as detailed in paragraph 8; and

6.         the HRA business plan principles as set in paragraph 27, as amended be approved.

47.3    In May 2016, the Council agreed to proceed with the major scheme to regenerate the Brightwells development site to bring much needed new community facilities, shops, restaurants and affordable housing to central Farnham.  The Farnham Interest Group (FIG) has decided to challenge the Council’s decision through a Judicial Review process.  This will delay the scheme’s commencement and is likely to incur significant legal costs.  Given that delivering this important scheme is a key corporate priority, the Council will defend the Judicial Review challenge.  It is proposed to allocate £250,000 initially to cover external legal costs to represent the Council in defending the claim.  Therefore a supplementary estimate is requested to be funded from the Revenue Reserve fund in the first instance, but a review of other capital schemes may be necessary to reinstate the fund, which will be carried out as part of the mid-year budget review.

47.4    Given that the Council needs to incur legal costs immediately, the Executive agreed a supplementary estimate of £20,000 (as set out above) and now

            RECOMMENDS that

32.       a further supplementary estimate of £230,000 be approved for external legal costs  ...  view the full minutes text for item 47.

The background papers relating to the following items are as set out in the reports included in the original agenda papers.

To adopt the forward programme of decisions for Waverley Borough Council.

The Executive Forward Programme was approved.

RESOLVED  that the Executive Forward Programme be approved.

The purpose of the report is to seek approval for the submission of a full planning application for development of 'Site A' at Ockford Ridge, to up to 40 new homes.

Recommendation

The Executive is recommended to approve the submission of a planning application for the development of the land at Site A, Ockford Ridge, Godalming, to provide up to 40 new homes, to support the redevelopment and refurbishment programme on the estate.

The Executive has approved the submission of a planning application for the development of the land at Site A, Ockford Ridge, Godalming, to provide up to 40 new homes, to support the redevelopment and refurbishment programme on the estate.

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

RESOLVED  that approval be given to the submission of a planning application for the development of the land at Site A, Ockford Ridge, Godalming, to provide up to 40 new homes, to support the redevelopment and refurbishment programme on the estate.

[Reason: to seek approval to submit a planning application]

The report seeks approval to submit a planning application and application for Common Land Consent to the Planning Inspectorate (PINS) to erect a cattle handling pen, gates and fencing on the Lammas Lands, Godalming.

Recommendation

It is recommended that the Executive

1.         gives approval for a planning application to be submitted for permission to erect a handling pen and access gates on the Hell Ditch Meadow compartment of the Lammas Lands, Godalming; and

2.         authorises Officers to submit a PINS application for commons consent to erect a fenceline on the Hell Ditch Meadow compartment of the Lammas Lands.

The Executive has

1.         given approval for a planning application to be submitted for permission to erect a handling pen and access gates on the Hell Ditch Meadow compartment of the Lammas Lands, Godalming; and

2.         authorised Officers to submit a PINS application for commons consent to erect a fenceline on the Hell Ditch Meadow compartment of the Lammas Lands.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

RESOLVED  that

1.         approval be given for a planning application to be submitted for permission to erect a handling pen and access gates on the Hell Ditch Meadow compartment of the Lammas Lands, Godalming; and

2.         Officers be authorised to submit a PINS application for commons consent to erect a fenceline on the Hell Ditch Meadow compartment of the Lammas Lands.

[Reason: to seek approval to submit a planning application and commons consent application]

Authorisation is sought for the re-gear of a long lease, granting an extension to the term on Unit C Guildford Road Trading Estate, Farnham in conjunction with the settlement of an outstanding rent review.

Recommendation

It is recommended that consent to the lease term be granted for Unit C, Guildford Road Trading Estate, Farnham, upon the terms and conditions as set out in the (Exempt) Annexe, with other terms and conditions being agreed by the Estates and Valuation Manager.

The Executive has given consent to the lease term being granted for Unit C, Guildford Road Trading Estate, Farnham, upon the terms and conditions as set out in the (Exempt) Annexe, with other terms and conditions being agreed by the Estates and Valuation Manager.

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

RESOLVED  that consent be given to the lease term being granted for Unit C, Guildford Road Trading Estate, Farnham, upon the terms and conditions as set out in the (Exempt) Annexe, with other terms and conditions being agreed by the Estates and Valuation Manager.

[Reason: to consider the property lease issue]

As members will be aware, Waverley is in the process of reviewing and implementing new Overview and Scrutiny arrangements, and it is anticipated that these will be in place prior to the start of the Council year 2017/2018.

During the remainder of the current Council year, it is anticipated that each Overview and Scrutiny Committee will want approval from the Executive to set up Sub-Committees for pieces of work coming up.  To improve the efficiency of this process and to enable the Committees more time to get their work underway and start to meet, it is proposed that approval be granted from the Executive to establishing these Sub-Committees in advance of them being required.

Recommendation

It is recommended that approval be given to each Overview and Scrutiny Committee to set up no more than two Sub-Committees to undertake in-depth review work in 2016/2017, with no more than one Sub-Committee per Committee to run at the same time.

The Executive has given approval for Overview and Scrutiny Committee to set up no more than two Sub-Committees to undertake in-depth review work in 2016/2017, with no more than one Sub-Committee per Committee to run at the same time.

[It would not be appropriate to call-in this item]

RESOLVED  that approval be given for each Overview and Scrutiny Committee to set up no more than two Sub-Committees to undertake in-depth review work in 2016/2017, with no more than one Sub-Committee per Committee to run at the same time.

[Reason: to streamline the process for approving the establishment of Overview and Scrutiny Committees until the review proposals can be implemented]