Agenda and minutes

To confirm the Minutes of the Meeting held on 6 June 2017 (to be laid on the table for half-an-hour before the meeting).

The Minutes of the Meeting held on 6 June 2017 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.

Cllr Kevin Deanus declared a non-pecuniary interest in Agenda Item 9 regarding the Springbok Estate in Alfold and withdrew from the Council Chamber during consideration of the item.

The Chairman to respond to any questions received from members of the public for which notice has been given in accordance with Procedure Rule 10.

The deadline for receipt of questions is 5pm on Tuesday 4 July 2017.

The Executive received the following questions in accordance with Procedure Rule 10:

i.          from Mr Beaman of Farnham

            "Revenue from Waverley's car parking charges is significantly greater than allocated costs which provides substantial surplus revenue to enable other essential public services to continue to be provided despite reductions in central government grants.  WBC is currently proposing to introduce car park charges for certain, but not all, holders of Blue Badges and since the car parks themselves already yield a substantial surplus for what purpose(s) would any additional car park revenue from holders of Blue Badges be used for?"

            Answer

“Thank you for your question Mr Beaman.  In February the Council set its budget for 2017/18 against a backdrop of unprecedented financial pressure arising from cuts in government grant. The Council had some difficult decisions to take to protect vital services to Waverley’s residents. One of those decisions was to introduce means tested parking permits for blue badge holders in Waverley’s car parks which means that those blue badge holders who can afford to, will now need to pay to park. This generates additional income for the Council which, along with the other car park income, helps pay for important environmental services in the Borough such as street cleaning, community transport, open spaces and management of the countryside and woodlands. This is a perfectly legitimate use of car park revenues and I’m sure you would agree that its services like these that residents really value and help make Waverley such a lovely place to live.”

ii.         from Steve Cosser, Chairman of the Farncombe Initiative

“Given

1. The disproportionate and adverse impacts the lack of public toilet facilities have on vulnerable groups such as the elderly,  disabled and incontinent and the failure of the Council to act lawfully by considering  the detailed impacts  on these groups ,as required by the Equalities legislation, at the time  it took the decisions to close the toilets in Godalming and Farncombe;

2. The health and quality of lives impacts that toilet closures have on residents and visitors;

3. The failure of the Council to take account of the need for there to be publically available toilets so as to enable it to honour its commitment to the National Lottery from whom funding was received for the Philips memorial park which was conditional on increasing public access to the area;

4. The damage done to the significant work undertaken by other public authorities and community groups such as the Farncombe Initiative to encourage local people and visitors to visit and use the town and village centres in Godalming and Farncombe and to put on periodic events in Godalming Town centre attracting large numbers of residents and visitors where sufficient public toilet provision is essential;

will the Executive please agree to immediately reopen these toilets and undertake urgent discussion with Godalming Town Council and appropriate community groups with a view to finding an agreed way forward which enables the Council to then formally reconsider the matter in  ...  view the full minutes text for item 25.

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 sets out the latest position on the Budget Review 2017/18 and the proposed changes to the Medium Term Financial Plan in the light of the Strategic Review and other emerging issues. The Value for Money and Customer Service O&S Committee considered the Financial Plan at its meeting on 26 June and its comments are included in this report. The 2017/18 budget will continue to be reviewed during the year, particularly if any changes are made to the Corporate Plan later in the year and if the new Government make announcements affecting Waverley’s finances.

Recommendation

It is recommended that the Executive:

1.         notes the interim budget review process set out in this report and asks officers to report further changes to Members following the review of the Corporate Plan and priorities;

2.         approves the updated Medium Term Financial Plan document as attached at Annexe 1;

3.         agrees to set up a cross-cutting efficiency group that develops a programme of efficiency reviews and monitors their delivery, overseen by the Strategic Director of Finance and Resources and the Portfolio Holder for Finance;

4.         agrees the working assumption of a cap in the annual revenue contribution to the General Fund capital programme of £0.9m;

5.         agrees to the implementation of a new, more rigorous bidding and monitoring process for General Fund Capital Schemes, as set out in paragraph 4;

6.         approves the transfer of an amount equivalent to the New Homes Bonus funding from the General Fund revenue budget each year to the Investment Fund;

7.         notes the HRA capital reserves set out in Annexe 5 and asks the Housing Delivery Board to identify additional capital projects in the next 4-years up to the value of £8m and report back to Council for approval;

8.         recommends to the Council that the revised HRA new homes capital programme as set out in Annexe 6 be approved; and

9.         asks officers to make arrangements for a series of budget awareness sessions for councillors, to take place in the early Autumn.

26.1    The Executive considered a report setting out the latest position on the Budget Review 2017/18 and the proposed changes to the Medium Term Financial Plan in the light of the Strategic Review and other emerging issues. The Customer Service and Value for Money O&S Committee considered the Financial Plan at its meeting on 26 June and its comments were provided in the report.  The 2017/18 budget will continue to be reviewed during the year, particularly if any changes are made to the Corporate Plan later in the year and if the new Government make announcements affecting Waverley’s finances.

26.2    The Executive RESOLVED that

1.         the interim budget review process set out in this report be noted and asked officers to report further changes to Members following the review of the Corporate Plan and priorities;

2.         the updated Medium Term Financial Plan document be approved, as attached at Annexe 1;

3.         a cross-cutting efficiency group be set up that develops a programme of efficiency reviews and monitors their delivery, overseen by the Strategic Director of Finance and Resources and the Portfolio Holder for Finance;

4.         the working assumption of a cap in the annual revenue contribution to the General Fund capital programme of £0.9m be agreed;

5.         the implementation of a new, more rigorous bidding and monitoring process for General Fund Capital Schemes be agreed, as set out in paragraph 4;

6.         the transfer of an amount equivalent to the New Homes Bonus funding from the General Fund revenue budget each year to the Investment Fund be approved;

7.         the HRA capital reserves set out in Annexe 5 be noted and the Housing Delivery Board be asked to identify additional capital projects in the next 4-years up to the value of £8m and report back to Council for approval; and

8.         officers be asked to make arrangements for a series of budget awareness sessions for councillors, to take place in the early Autumn.

26.3    The Housing Revenue Account was subject to a comprehensive review during 2016 which resulted in a realignment of revenue and capital budgets and funding to meet current demands, this was approved by Council in February 2017. The financial outturn position in 2016/2017 was positive with a relatively small overall underspend against the £30m budget.

26.4    The New Homes and Stock Remodelling capital programmes were the subject of a significant amount of rescheduling in the last few years, particularly in 2016/2017, mainly due to budgets not being profiled across years accurately and start on sites on some large schemes being delayed.  This budget review process has led to a revised capital programme being prepared which is more realistic and deliverable and this is included at Annexe 1 for approval.

26.5    The Executive therefore

RECOMMENDS that

8.         the revised HRA new homes capital programme as set out in Annexe 1 be approved.

[Reason: to receive the latest position on the budget review for 2017/2018 and the changes to the medium term financial plan]

The Investment Advisory Board is exploring the advantages and opportunities that would be offered should the Council set up a property company.  Most important amongst these is the ability of a company to pursue opportunities to acquire commercial properties that are beyond the Council’s powers i.e. solely for income generation purposes.

The Executive is requested to consider these advantages and the opportunities and challenges such a vehicle might offer and to approve the creation of a company as set out below.

Recommendation

It is recommended that:

1.         the Overview and Scrutiny Committee be thanked for their consideration and comments;

2.         the Council be recommended to create a company as described in this report, after the consideration of detailed legal advice; and

3.         the Council agree to delegate the final details of the matters set out in paragraphs 12 and 13 above, in relation to the initial set up of the company, to the Investment Advisory Board after consideration by the Value for Money and Customer Service Overview and Scrutiny Committee.

27.1    The Investment Advisory Board is exploring the advantages and opportunities that would be offered should the Council set up a property company.  Most important amongst these is the ability of a company to pursue opportunities to acquire commercial properties that are beyond the Council’s powers i.e. solely for income generation purposes.

27.2    The primary objective of the Council’s Investment Strategy, and therefore of the Investment Advisory Board, is to contribute to offsetting the overall budget deficit.  The Council is currently constrained under s.1 of the Localism Act 2011 when it comes to acquiring property for investment purposes.

27.3    Should the Council wish to do so it has the ability to establish a ‘Local Authority Trading Company’ via section 95 of the Local Government Act 2003.  Such a company would in effect be a subsidiary company of the local authority and as such the shareholder (i.e the Council) would have ultimate control over activity and operational matters.

27.4    The company as a property vehicle would target a specified minimum return with funding either from loans from the Council or commercial sources. The aim would be to maximise the opportunities within the existing portfolio where there is a clear business case and an acceptable level of risk, and to bring in new opportunities to increase the assets the Council already owns in cases where this falls outside of the Council’s legal powers.  Every property option would be looked at on its own merits to decide whether to purchase through the Council or the Company dependent upon the business case and legal implications of the opportunity concerned. 

27.5    It is the intention that the company has enough flexibility to acquire and work on a commercial basis across a range of activities if appropriate. This may include joint ventures, special purpose vehicles, operating existing council assets and possibly the development of management agreements.

27.6    Initially, the focus of the company would be to concentrate on property investment and development work both inside and outside of the Borough which is needed to provide a valuable income stream to the Council. The company would mainly operate in situations where the Council can’t or where there is a need to respond more quickly and effectively to market opportunities where the Council is more disadvantaged by the regulations on decision making which affect speeds of response.

27.7    The detailed legal implications are included at Annexe 2 which was the information reported to the recent Investment Advisory Board Meeting. A summary of the main points is below.

1.    An appropriate governance structure will be needed to ensure sound and robust management alongside protection of the Council’s financial and reputational investment. The Council as shareholder would control the company and delegate operational matters via a Shareholder’s Agreement.

2.    The company would be subject to the Local Authorities (Companies) Order 1995. The order sets out regulations that are specific to controlled companies and start from the basis that the public should be aware that the company they are dealing  ...  view the full minutes text for item 27.

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That, pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item(s) on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during these items, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified at the meeting in the revised Part 1 of Schedule 12A to the Local Government Act 1972.

At 8.14 pm it was

RESOLVED  that, pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

To consider the (Exempt) report, as attached.

The Executive has considered a report on this matter, attached as (Exempt) Annexe 3 and

RECOMMENDS that

11.       the recommendations set out in (Exempt) Annexe 3 be approved.

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

To agree the forward programme of decisions for Waverley Borough Council, as attached.

[Cllr Hyman attended the meeting and spoke on this item]

RESOLVED  that the forward programme of decisions for Waverley Borough Council be agreed, subject to amending the date for adoption of the Local Plan to December 2017.

The report provides a summary of the 2016/17 Revenue Outturn against budget for the General Fund and the Housing Revenue Account.  The full Statement of Accounts will be presented for approval by the Audit Committee late July 2017.

Recommendation

It is recommended that the Executive:

1.            notes the outturn position on revenue and capital for 2016/17;

2.            approves the revenue carry forward to 2017/18 as detailed in paragraph 9; and

3.            approves the capital rescheduling to 2017/18 as detailed in Appendix 2, 4 and 5.

RESOLVED  that

1.            the outturn position on revenue and capital for 2016/17 be noted;

2.            the revenue carry forward to 2017/18, as detailed in paragraph 9 of the report, be approved; and

3.            the capital rescheduling to 2017/18, as detailed in Appendices 2, 4 and 5, be approved.

[Reason: to receive a summary of the 2016/17 revenue outturn against the budget for the General Fund and Housing Revenue Account]

This report provides a review of the 2017/18 budget for the General Fund and the Housing Revenue Account against the forecast to 31 March 2018, based on the latest information available.

Recommendation

It is recommended that the Executive:

1.            notes the latest position against budget in 2017/18;

2.            approves the criteria for the business rate relief scheme as set out in paragraphs 6-10 and the awarding of relief under the Council’s discretionary rate relief policy, and delegates the completion of the final detailed scheme, following the receipt of Government guidance, to the Strategic Director of Finance and Resources in consultation with the Finance Portfolio Holder; and

3.         approves the award of business rate discounts to public houses as set out in paragraph 6-11 under the Council’s discretionary rate relief policy.

[Cllrs Nick Williams and Ross Welland attended the meeting and spoke on this item]

RESOLVED  that

1.            the latest position against budget in 2017/18 be noted;

2.            the criteria for the business rate relief scheme as set out in paragraphs 6-10 of the report and the awarding of relief under the Council’s discretionary rate relief policy be approved, and the completion of the final detailed scheme, following the receipt of Government guidance, be delegated to the Strategic Director of Finance and Resources in consultation with the Finance Portfolio Holder; and

3.         the award of business rate discounts to public houses be awarded as set out in paragraph 6-11 under the Council’s discretionary rate relief policy.

[Reason: to review the 2017/18 budget for the General Fund and Housing Review Account against the forecast].

On 30 June 2016, officers refused the planning application WA/2015/1381, which related to land at Springbok Estate, Sachel Court Drive, Alfold proposing the construction of up to 400 homes, shop, café, 60 unit independent living care facility and 20 associated bungalows.

The Council has since received an appeal against the refusal of this application, which is to be heard by way of Local Inquiry.

The purpose of this report is, therefore, to request approval for a Supplementary Estimate of £100,000 to pay for legal representation, including Counsel and planning and / or technical consultants required in order to defend the Council’s reasons for refusal.

Recommendation

It is recommended that a supplementary estimate of £100,000 be approved to meet the costs of the Council defending its decision to refuse the planning application at the Springbok Estate, Sachel Court Drive, Alfold to be met from the Revenue Reserve Fund.

RESOLVED  that a supplementary estimate of £100,000 be approved to meet the costs of the Council defending its decision to refuse the planning application at the Springbok Estate, Sachel Court Drive, Alfold to be met from the Revenue Reserve Fund.

[Reason: to agree a supplementary estimate to defend the Council’s decision]

The Council has, for some time, been exploring the scope and viability of undertaking works on the former landfill site on Weydon Lane, Farnham to enable greater public use, for example for recreational purposes. 

The report updates Members on the situation to date with those investigations, the outcome of the specialist legal advice received in relation to Weydon Lane Sandpit, Farnham and the Memorial Grounds, Crosby Way, Farnham, as part of the feasibility study, the current position and the short to medium term site maintenance issues which need to be addressed.

Recommendation

It is recommended that

1.         in view of the Council’s current financial position and the decision taken by the Council regarding capital projects in the 2017/18 budget, option f, in paragraph 6, be agreed as the way forward; and

2.         the necessary monitoring and maintenance works during 2017/18 be confirmed. 

[Cllr Jerry Hyman attended the meeting and spoke on this item]

RESOLVED  that

1.         in view of the Council’s current financial position and the decision taken by the Council regarding capital projects in the 2017/18 budget, option f, in paragraph 6, be agreed as the way forward; and

2.         the necessary monitoring and maintenance works during 2017/18 be confirmed. 

[Reason: to take a decision on the future of the site]

The Brightwells site in Farnham is experiencing an increase in anti-social behaviour. In addition to the existing security measures, further urgent actions have been undertaken to address this.

The Executive is requested to approve the arrangements that have been made so that they can continue over the whole of the Summer period.

Recommendation

It is recommended that the Executive approve the additional security measures set out in this report, namely daily security patrols during priority times at the Brightwells site, and agree a supplementary estimate of £7,700 to enable these arrangements to continue until they are reviewed again in mid September 2017.

[Cllr Jerry Hyman was in attendance at the meeting and spoke on this item]

RESOLVED  that the additional security measures set out in the report be approved, namely daily security patrols during priority times at the Brightwells site, and a supplementary estimate of £7,700 be agreed to enable these arrangements to continue until they are reviewed again in mid-September 2017.

[Reason: to agree measures to be put in place to prevent antisocial behaviour taking place on the Brightwells site]

The report provides an analysis of the Council’s outturn performance for both performance indicators (Annexe 1) and the 2016/17 Service Plan actions (Annexe 2). 

Recommendation

It is recommended that the Executive

1.         thanks the Overview and Scrutiny Committees for their observations;

2.         approves the target change for HR2 [average working days lost due to sickness absence per employee] from 5.5 days to 6.5 days per year (1.63 days per quarter); and

3.         gives consideration to any further recommendations raised at the Environment or Housing Overview and Scrutiny Committees, details of which will follow.

RESOLVED  that the Overview and Scrutiny Committees be thanked for their observations and the target change for HR2 [average working days lost due to sickness absence per employee] from 5.5 days to 6.5 days per year (1.63 days per quarter) be approved.

[Reason: to receive an analysis of the outturn of performance and service plans for 2016/17]

A review into the Leisure Centre Management contract was initiated by the Community Overview and Scrutiny Committee in November 2016. Community Wellbeing, Customer Services and Value for Money are corporate priorities for the Council so a review of the Leisure Services Contract was considered an important step to ensuring that the Council is providing appropriate levels of service to its residents. The report attached was considered by the Community Wellbeing O&S Committee in June 2017 and, other than some slight amendments, the Committee fully endorsed the findings of the review.  The recommendations arising from the review are detailed in the report for the Executive to consider.  Councillors Wyatt Ramsdale and Richard Seaborne will be in attendance at the Executive to provide a short presentation on the outcomes of the review and to answer any questions.

Recommendation

It is recommended that the Executive gives consideration to the recommendations contained within the report and agrees the way forward.

The Executive received a presentation from Cllrs Wyatt Ramsdale and Richard Seaborne on behalf of the Sub-Committee that had conducted the review into Leisure Centre Management in Waverley.

The Executive thanked the Overview and Scrutiny Sub-Committee and complimented the members and officers involved on producing an excellent and comprehensive report. 

RESOLVED  that the report and the recommendations contained within the final report be endorsed as a way forward and that the item be added to the Executive’s forward programme to ensure that an update was brought forward in due course.

[Reason: to consider the findings of the O and S Review into this area of work]

The report seeks authority to grant a 40 year lease to Rowledge Tennis Club for the two courts and pavilion as shown outlined on the plan annexed.

Recommendation

It is recommended that a new 40 year lease be granted to Rowledge Tennis Club on the terms and conditions set out in the (Exempt) Annexe, with other terms and conditions to be agreed by the Estates and Valuation Manager.

[This item contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

                        Information relating to the financial or business affairs of any particular person (including the authority holding that information)]

RESOLVED  that a new 40 year lease be granted to Rowledge Tennis Club on the terms and conditions set out in the (Exempt) Annexe, with other terms and conditions to be agreed by the Estates and Valuation Manager.

[Reason: to consider the property matter]

At 8.14 pm it was

RESOLVED  that, pursuant to Procedure Rule 20, and in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it is likely, in view of the nature of the business to be transacted, that if members of the public were present during the item, there would be disclosure to them of exempt information (as defined by Section 100I of the Act) of the description specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

To consider the (Exempt) report, as attached.

RESOLVED  that the recommendation set out in the (Exempt) Annexe to these minutes be agreed.

To consider the (Exempt) report, as attached.

RESOLVED  that the recommendation set out in the (Exempt) Annexe to these minutes be agreed.