Agenda, decisions and minutes

To confirm the Minutes of the Meeting held on 7 July 2015 (to be laid on the table for half-an-hour before the meeting).

The Minutes of the Meeting held on 7 July 2015 were confirmed and signed as a correct record.

To receive apologies for absence.

An apology for absence was received from Cllr Carole King.

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.

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

[To insert if any]

There were no questions received from members of the public.

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 of service delivery progress against the 2015/16 budget for the General Fund and the Housing Revenue Account.

Recommendation

It is recommended that the Executive:

1.            approves a virement of £10,000 from Contracted services to Rent related expenses in Homelessness as detailed in paragraph 10;

2.            approves a virement of £30,000 from the additional investment income to cover predicted Legal fees detailed in paragraph 19;

3.            recommends to the Council that virements between the capital projects of £83,600 (doors), £54,800 (windows) and £77,000 (drainage) to communal boiler and heating work be approved, as detailed in the table at paragraph 27;

4.            approves the carry forward of £320,000 from the structural budget into 2016/17, as detailed in paragraph 27; and

5.            approves a virement of £35,000 for capital works to lifts from work arising in year (a project change) as detailed in paragraph 27.

The Executive has:

1.            approved a virement of £10,000 from Contracted services to Rent related expenses in Homelessness as detailed in paragraph 10;

2.            approved a virement of £30,000 from the additional investment income to cover predicted Legal fees detailed in paragraph 19;

3.            approved the carry forward of £320,000 from the structural budget into 2016/17, as detailed in paragraph 27;

4.            approved a virement of £35,000 for capital works to lifts from work arising in year (a project change) as detailed in paragraph 27; and

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

5.            RECOMMENDS to the COUNCIL that virements between the capital projects of £83,600 (doors), £54,800 (windows) and £77,000 (drainage) to communal boiler and heating work be approved, as detailed in the table at paragraph 27.

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

[Reason: to consider a review of service delivery progress against the 2015/16 budget]

54.1    The Executive has considered the budget management report which acts as a review of service delivery progress against the 2015/16 budget for the General Fund and the Housing Revenue Account for period to end of July and RESOLVED that

1.            a virement of £10,000 from contracted services to rent-related expenses in Homelessness be approved, as detailed in paragraph 10 of the report;

2.            a virement of £30,000 be approved from the additional investment income to cover predicted Legal fees detailed in paragraph 19 of the report;

3.            the carry forward of £320,000 from the structural budget into 2016/17 be approved, as detailed in paragraph 27; and

4.            a virement of £35,000 be approved for capital works to lifts from work arising in year (a project change) as detailed in paragraph 27 of the report.

54.2    For the HRA Capital programme, a review is underway, including the projects carried forward for completion from 2014/15.  The Council will be requested to approve various budget re-alignments and rescheduling following a review of each scheme, including restating the cost base and allowing contingencies.  

54.3    The door and window contract is due for renewal so it is planned to use a framework contract to complete the majority of the door and window programme.  Additional funding of boiler compliance work is required and it is requested that this be covered by the predicted underspend on doors and windows and drainage work (see column titled saving/(overspend) in the table below and highlighted in red type:

54.4    The Executive

                   RECOMMENDS that

20.       virements between the capital projects of £83,600 (doors), £54,800 (windows) and £77,000 (drainage) to communal boiler and heating work be approved, as detailed in the table above at paragraph 54.3.

[Reason: to consider a review of service delivery progress against the 2015/16 budget]

The report seeks approval for the adoption of the Play Area Strategy and for its recommendations to be adopted as guidance for use by the Council when considering play area provision and refurbishment in the borough.   In addition, the report seeks to highlight that the play area strategy is aspirational and that there are financial implications for the Council in delivering the play area strategy, for which external funding will be required.

Recommendation

It is recommended that the Executive:

1.            endorse the findings and recommendations of the Play Area Strategy and recommends to Council that the Play Area Strategy 2015-2024 be adopted;

2.            recognises and notes that the Play Area Strategy is aspirational and that there are financial implications for the Council to fully deliver the strategy, its recommendations and action plan; and

3.            acknowledges that the financial implications will be met by using funding received from developer contributions sought through the planning process such as PIC, CIL and s106 and also any available external grant funds for playground provision and refurbishment.

The Executive has:

1.            endorsed the findings and recommendations of the Play Area Strategy and RECOMMENDS to the COUNCIL that the Play Area Strategy 2015-2024 be adopted;

2.            recognised and noted that the Play Area Strategy is aspirational and that there are financial implications for the Council to fully deliver the strategy, its recommendations and action plan; and

3.            acknowledged that the financial implications will be met by using funding received from developer contributions sought through the planning process such as PIC, CIL and s106 and also any available external grant funds for playground provision and refurbishment.

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

[Reason: to seek adoption of the Play Area Strategy as guidance for the Council when considering play area provision and refurbishment in the borough]

55.1    A Play Area Strategy for the Council has been produced by undertaking a complete review of play provision across the Borough (including Town and Parish Council owned sites) of all known playground, skatepark and multi-use games area (MUGA) sites.  The review involved measuring areas of formal and informal play space and comparing it to; Fields in Trust (FiT) Standards, Royal Society for the Prevention of Accidents (RoSPA) assessments of play value and accessibility and lastly the estimated life expectancy of playground equipment.  

55.2    This information has been compiled to produce an up-to-date strategy with recommendations and an action plan enabling the Council to have a structured approach towards playground provision and refurbishment across the borough.   The strategy provides the evidence for sound reasoning and justification to use development gains from the planning process such as Planning Infrastructure Charge (PIC), Community Infrastructure Levy (CIL) and Section 106 monies.

55.3    Whilst producing the play area strategy, the Council fully consulted with playground providers and the planning department in order to fully understand the levels of provision across the borough.  This year the Council has already completed three playground refurbishments; Phillips Memorial Park, Holloway Hill and Farnham Park Play Area.  Consultations took place for all three schemes using a range of communication channels including social media.  Each scheme received over 400 responses from local residents and park users who voted for their favourite design

55.4    Consultations on design options for the partial refurbishment of the Broadwater Park and Aarons Hill play areas have recently been completed and work is due to start on the refurbishment of these sites.  Furthermore the Council is also conducting a survey on the provision of play at Oast House Crescent and White Cottage Close, Farnham and Hale Reeds Open Space.

55.5    The Council has also implemented a phased signage improvement programme across all the boroughs play areas.  Phase one (32 play areas) has been completed and phase two (8 play areas) is in progress.  The signage has been designed to inform users; of the name of the play area, that the play area is managed by Waverley Borough Council, how to get in touch with the council and the ages of children the site is intended for.  Phase three will be implemented as part of the ongoing refurbishment programme.

55.6    The Council aims to provide clean and challenging play environments that are accessible for children of all abilities and ages to play together.   This enables children to play in a social environment where they will experience and learn about risk.   Clearly the Council aims to minimise risk and to not provide unsafe play opportunities but must balance this against the level of challenge provided.   All playgrounds managed by the Council will confirm to the relevant safety standards applicable and endorsed by RoSPA.

55.7    One of the main focuses of the play area strategy is to constantly seek to improve the play provision and environment of the playgrounds and skate parks directly  ...  view the full minutes text for item 55.

The Independent Remuneration Panel (IRP) met recently to consider whether a Special Responsibility Allowance should be payable to the Chairman and Vice-Chairman of the Joint Planning Committee.  The report summarises the discussions of the Panel and sets out their recommendation.

Recommendation

The Executive is asked to recommend to the Council that the Scheme of Members’ Allowances for 2015/16 onwards be amended to include provision for the payment of a Special Responsibility Allowance to the Chairman (£3,100) and the Vice-Chairman (£1,550) of the Joint Planning Committee.

The Executive has agreed to RECOMMEND to the COUNCIL that the Scheme of Members’ Allowances for 2015/16 onwards be amended to include provision for the payment of a Special Responsibility Allowance to the Chairman (£3,100) and the Vice-Chairman (£1,550) of the Joint Planning Committee.

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

[Reason: to consider the discussion and findings of the Independent Remuneration Panel]

56.1    The Independent Remuneration Panel last reviewed the Council’s Scheme of Members’ Allowances in 2011 and the Council meeting on 21 February 2012 agreed to adopt the recommendations, for implementation within the remaining three years of the Council.  These increases have now been implemented.

56.2    Since the last review, there has been a steady increase in the workload of the Joint Planning Committee with a continuing rise in the number of meetings, particularly since the start of the Council year 2014/2015, see Annexe 3.  At the time of the last review, the Joint Planning Committee met very infrequently and it was agreed that no Special Responsibility Allowance should be payable to the Chairman and Vice-Chairman because the majority of the planning application workload was being dealt with at the Area Planning Committees.

56.3    An additional criteria for which planning applications are referred to the Joint Planning Committee has impacted on the number of applications coming forward since the start of 2014/2015, as follows

                        “to review all housing scheme which propose a net increase of more than 25 dwellings, where the recommendation is for permission to be granted”.

56.4    The Council’s practice has been to consider one planning application at each Joint Planning Committee meeting, largely because of the likely contentious and sensitive nature of the application proposals and the high level of public interest in it, often resulting in a large attendance of members of the public and the need to manage this effectively.

56.5    As background information, the Independent Remuneration Panel was provided with a copy of their last report and recommendations from 2011, the members’ allowances scheme from 2011/2012, the current members’ allowances scheme for 2015/2016 and the statistics around the increasing number of Joint Planning Committee meetings.  The Panel had now been asked to look solely at the issue of whether a special responsibility allowance for the Chairman and Vice-Chairman of the Joint Planning Committee should be included within the Members’ Allowances Scheme.  The current special responsibility allowances payable are attached as Annexe 4.

56.6    The Panel recognised that the workload for the Chairman and Vice-Chairman of the Committee had increased dramatically since they last carried out their review of the scheme, particularly since each meeting necessitated attendance at a Chairman’s briefing and a site visit in advance.  The Panel was particularly mindful of the responsibility associated with managing the Joint Planning Committee meetings because of the often politically contentious nature of the applications being considered, and the resulting scale, quantity and quality of the leadership required.

56.7    The Panel reiterated a principle set out in their last report that special responsibility allowances should be used to recognise the significant additional responsibilities which attach to some roles and not just the extra time required.  The Panel felt that this criteria was met in this instance because of the nature of the applications being considered at the Committee.  It also wished to ensure that the level of allowances remained sufficient so as not to discourage or  ...  view the full minutes text for item 56.

Waverley’s HRA Asset Management Strategy sets out the Council’s approach to managing its housing related assets, held in the Housing Revenue Account. The draft HRA Asset Management Strategy for the period 2015-2020 is attached for endorsement, having been reviewed by the Corporate Overview and Scrutiny Committee on 27 July 2015.

Recommendation

It is recommended to the Council that the draft HRA Asset Management Strategy for 2015-2020 be agreed and adopted.

The Executive has agreed to RECOMMEND to the COUNCIL that the draft HRA Asset Management Strategy for 2015-2020 be agreed and adopted.

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

[Reason: to agree the Strategy setting out the Council’s approach to managing its housing related assets]

57.1    Waverley’s HRA Asset Management Strategy, attached as Annexe 5, sets out the Council’s approach to managing its housing related assets, held in the Housing Revenue Account. Its aim is to ensure that the housing stock meets the needs of the Borough, whilst also ensuring best use of available resources as well as achieving value for money.

57.2    The current strategy was written six years ago. It therefore now needs to be updated to ensure it reflects:

·          changing needs and demands

·          changes in legislation and regulation

·          changes in funding regimes

·          changes in corporate objectives

·          changes in aspirations

57.3    The Council holds significant assets in its Housing Revenue Account.  It is good practice to have a clear Asset Management Strategy.  Over the years the Council has managed its HRA assets effectively and in a planned manner.  The HRA Asset Management Strategy brings together in one document the range of issues and factors that will influence how the Council will take decisions in relation to its HRA assets over the coming years.

57.4    The HRA Asset Management Strategy

·         Outlines the Council’s position in the management of its housing assets, and how this aligns to the core business objectives in the Housing Revenue Account Business Plan.

·         Identifies the stock, its condition, use and required reinvestment over the next 30 years.

·         Records the risks and issues relating to the assets and how they may be eliminated, reduced and/or managed.

·         Identifies needs, future trends and changes that will influence how we manage our assets.

·         Outlines how we will approach Asset Management in the Housing Revenue Account.

·         Establishes methods for monitoring and evaluating the delivery of the aims of this Strategy.

·         Explains the methods through which we will procure and deliver programmes of work to our assets.

57.5    The HRA Asset Management Strategy includes the following Strategic 5 year Action Plan:-

·          Carry out stock condition survey of all pre-war properties

·          Develop strategy for tackling dampness across the Council’s stock, including developing a policy/procedure for dealing with damp related issues reported by tenant.

·          Continue programme of kitchen and bathroom upgrades

·          Undertake review of 7 year ‘break-clause’ in Maintenance Contract with Mears

·          Continue strategic regeneration of Ockford Ridge and identify other suitable areas for improvement.

·          Monitor and log all noise related complaints

·          Review effectiveness of estate inspections and walkabouts

57.6    The Corporate Overview and Scrutiny Committee noted that the Strategy had been prepared before the election, recent budget and imminent Housing Bill presenting such challenges as the extended Right to Buy and the requirement for Councils to sell their highest value properties on becoming void.  However it was recognised that the document was sufficiently robust to understand and deal with the risks at such time as changes in Government policy come into force.  The Director of Finance and Resources reassured the Committee that there were still some doubts about whether the new legislative measures would apply to Waverley and explained that if they did, a range of options would need to be brought before members to balance  ...  view the full minutes text for item 57.

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 adopted the forward programme of decisions for Waverley Borough Council.

RESOLVED  that the forward programme of decisions for Waverley Borough Council be adopted.

The purpose of the report is to summarise Waverley’s Treasury Management activities during 2015/16 to date.

Recommendation

That the Executive notes the investment activity and performance in 2015/16.

The Executive has noted the investment activity and performance in 2015/16.

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to receive the current investment activity and performance].

RESOLVED  that the investment activity and performance in 2015/16 be noted.

[Reason: to receive the current investment activity and performance].

Following the Council’s decision to withdraw from examination of the Core Strategy, the council has been carrying out a detailed programme of work to address the matters raised by the Examination Inspector in order to prepare an updated local plan for re-submission for examination. An update report was considered by the Executive on 3 March 2015. At that meeting, members also endorsed the direction of travel, which has provided the focus for work going forward. The purpose of this report is to bring members up to date on work carried out, and to seek approval for the provisional timetable for completing Local Plan Part 1.

Recommendation

It is recommended that the Executive approves the provisional timetable set out at Annexe 1 and notes the significant progress which has been made since the Core Strategy was withdrawn.

The Executive has approved the provisional timetable set out at Annexe 1 of the report and noted the significant progress which has been made since the Core Strategy was withdrawn.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to receive an update report]

RESOLVED  that the provisional timetable set out at Annexe 1 to the report be approved and the significant progress which has been made since the Core Strategy was withdrawn be noted.

[Reason: to receive an update report]

The purpose of the report is to gain authorisation to undertake a formal public consultation on the draft Conservation Area Appraisal (CAA) for the Conservation Area (CA) of Alfold (this document also includes changes to the Conservation Area boundary).  The long term objective is that the appraisal will be adopted as a material consideration and used in the determination of any application for planning permission and listed building consent.

Recommendation

It is recommended that the Executive approves the draft CAA for Alfold for the purposes of public consultation.

The Executive has approved the draft Conservation Area Appraisal for Alfold for the purposes of public consultation.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to gain authorisation to undertake a formal consultation on the draft CAA for Alfold]

RESOLVED  that the draft Conservation Area Appraisal for Alfold be approved for the purposes of public consultation.

[Reason: to gain authorisation to undertake a formal consultation on the draft CAA for Alfold]

The Council adopted its Homelessness Strategy 2013-2018 in July 2013. The report updates the Executive on the Council’s progress in preventing homelessness and highlights the areas to focus on in the year ahead.

Recommendation

The Executive is asked to consider the comments from the Overview and Scrutiny Committee and note the Council’s progress in preventing homelessness in the borough.

The Executive has considered the comments from the Overview and Scrutiny Committee and noted the Council’s progress in preventing homelessness in the borough.

[This item has already been considered by the Corporate Overview and Scrutiny Committee but could be called-in]

[Reason: to update the Executive on the Council’s progress in preventing homelessness and highlighting the areas to focus on in the year ahead]

RESOLVED that the comments from the Overview and Scrutiny Committee be received and the Council’s progress in preventing homelessness in the borough be noted. 

[Reason: to update the Executive on the Council’s progress in preventing homelessness and highlighting the areas to focus on in the year ahead]

It is a mandatory requirement for Local Authorities to report the greenhouse gas emissions (GHG) produced from their operational activities across their estates.  The report presents Waverley’s annual GHG emissions during the financial year 2014/15 and compares it to emissions during the baseline year 2008/09. 

The current reporting year concludes the period of the Carbon Management Plan 2010-2015 and from the new financial year, Waverley’s progress on GHG reductions will be supported and monitored by the newly adopted Energy Efficiency Plan 2015-2020.

Recommendation

It is recommended that the Executive approve this report for publication and submission to the Department for Energy and Climate Change.

The Executive has approved the report for publication and submission to the Department for Energy and Climate Change.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to meet the mandatory requirement to report the greenhouse gas emissions produced from operational activities]

RESOLVED  that the report be approved for publication and submission to the Department for Energy and Climate Change.

[Reason: to meet the mandatory requirement to report the greenhouse gas emissions produced from operational activities]

The proposed protocol formalises the decision-making process for Scrap Metal Dealer licence applications and identifies the steps to take where decisions may be contentious.  The protocol has been endorsed by the Licensing and Regulatory Committee but needs to be ratified by the Executive as an Executive function.

Recommendation

That the Waverley Borough Council Decision-Making Protocol for licensing of Scrap Metal Dealers be endorsed.

The Executive has endorsed the Waverley Borough Council Decision-Making Protocol for licensing of Scrap Metal Dealers.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to agree a protocol to formalise the decision-making process for scrap metal dealer licence applications]

RESOLVED  that the Waverley Borough Council Decision-Making Protocol for licensing of Scrap Metal Dealers be endorsed.

[Reason: to agree a protocol to formalise the decision-making process for scrap metal dealer licence applications]

The purpose of the report is to consider the granting of an easement for access to 1 Crossways Cottages, Alfold.

Recommendation

It is recommended that an easement of access be granted to 1 Crossways Cottages, Alfold, subject to the terms set out in the (Exempt) Annexe.

The Executive has agreed to grant an easement of access to 1 Crossways Cottages, Alfold, subject to the terms set out in the (Exempt) Annexe.

[CORPORATE OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to consider a property-related issue]

[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 an easement of access be granted to 1 Crossways Cottages, Alfold, subject to the terms set out in the (Exempt) Annexe to the report.

[Reason: to consider a property-related issue]

The Council operates a public speaking scheme for both its Area Planning Committees and the Joint Planning Committee.  Currently, the time allowed for each party (eg, objector, Town/Parish Council and applicant) differs depending on whether it is an Area Planning Committee or the Joint Planning Committee.  The scheme specifies that each party will be entitled to three minutes to address an Area Planning Committee, but five minutes to address the Joint Planning Committee.

To add to this, if a ward councillor  asks to attend a meeting of an Area or the Joint Planning Committee, they are entitled to speak for four minutes.  This is more than an interested party at an Area Planning Committee but less time than an interested party at the Joint Planning Committee.

It is proposed that some consistency is put in place to enable the public speaking scheme to consistently operate with speakers being able to speak for up to four minutes, regardless of which meeting.  If this is agreed, the public speaking scheme would be amended to ensure that the public are fully aware of the arrangements, and the constitution would not need to change as it already allows for members to speak for up to four minutes.  The updated scheme would be sent to potential public speakers and added to the Council’s website.

Recommendation

It is recommended that the time limit available for public speakers at Area Planning Committees and the Joint Planning Committee should be four minutes per party, and the public speaking scheme be amended accordingly, to come into effect from 1 October 2015.

The Executive has agreed that the time limit available for public speakers at Area Planning Committees and the Joint Planning committee should be four minutes per party, and the public speaking scheme amended accordingly, to come into effect from 1 October 2015.

[COMMUNITY OVERVIEW AND SCRUTINY COMMITTEE]

[Reason: to apply consistency to the public speaking scheme for all Planning Committees]

RESOLVED  that the time limit available for public speakers at Area Planning Committees and the Joint Planning committee should be four minutes per party, and the public speaking scheme amended accordingly, to come into effect from 1 October 2015.

[Reason: to apply consistency to the public speaking scheme for all Planning Committees]

To note the following action taken by the Executive Director after consultation with the Chairman and Vice-Chairman since the last meeting.  The Register of Decisions will be laid on the table half an hour before the meeting:

i.          Gas Safety Inspections

            To authorise necessary applications to be made by housing officers to enable access to be obtained to tenanted properties for gas safety checks to be carried out where access has been denied or requests to access have not been responded to.

ii.         Payment of Appeal Legal Costs – Cortium Sports Ltd

            To authorise the payment of £36,000 in planning appeal costs that have been awarded against the Council to Cortium Sports Ltd.

iii.        Christmas Free Parking initiative

To authorise the Director of Operations to implement provision of free car parking between 3pm and 7pm at Waverley owned shoppers car parks in December on the following three Thursday afternoons leading up to Christmas 2015, 3^rd, 10^th and 17^th December 2015.  

This initiative supports Waverley’s local economy, specifically supporting local shoppers and traders in the key period leading up to Christmas.

By taking the decision now, work can commence with the Chambers of Commerce to maximise the promotion and positive impact of this imitative.

The financial implications of this decision is £18,000 and this can be contained within the Council’s car parking revenue budget for 2015/16.

The Executive noted the following action taken by the Executive Director after consultation with the Chairman and Vice-Chairman since its last meeting:

i.          Gas Safety Inspections

            To authorise necessary applications to be made by housing officers to enable access to be obtained to tenanted properties for gas safety checks to be carried out where access has been denied or requests to access have not been responded to.

ii.         Payment of Appeal Legal Costs – Cortium Sports Ltd

            To authorise the payment of £36,000 in planning appeal costs that have been awarded against the Council to Cortium Sports Ltd.

iii.        Christmas Free Parking initiative

To authorise the Director of Operations to implement provision of free car parking between 3pm and 7pm at Waverley owned shoppers car parks in December on the following three Thursday afternoons leading up to Christmas 2015, 3^rd, 10^th and 17^th December 2015.

This initiative supports Waverley’s local economy, specifically supporting local shoppers and traders in the key period leading up to Christmas.  By taking the decision now, work can commence with the Chambers of Commerce to maximise the promotion and positive impact of this initiative.  The financial implications of this decision is £18,000 and this can be contained within the Council’s car parking revenue budget for 2015/16.