Agenda, decisions and minutes

No apologies for absence were received.

To confirm the minutes of the meetings held on 20 October 2015 and 27 October 2015 (Extraordinary Informal Joint with FHDC Cabinet)(copies attached).

The minutes of the meetings held on 20 October and 27 October 2015 (extraordinary informal joint meeting with Forest Heath District Council’s Cabinet) were confirmed as correct records and signed by the Chairman.

At each Cabinet meeting, up to 15 minutes shall be allocated for questions from and discussion with, non-Cabinet members.  Members wishing to speak during this session should if possible, give notice in advance.  Who speaks and for how long will be at the complete discretion of the person presiding.

No non-Cabinet Members in attendance wished to speak under this item.

Members of the public who live or work in the Borough are invited to put one question or statement of not more than three minutes duration relating to items to be discussed in Part 1 of the agenda only. If a question is asked and answered within three minutes, the person who asked the question may ask a supplementary question that arises from the reply.

A person who wishes to speak must register at least 15 minutes before the time the meeting is scheduled to start. 

There is an overall time limit of 15 minutes for public speaking, which may be extended at the Chairman’s discretion.

Maria Broadbent, the proprietor of  a restaurant located in St John’s Street, Bury St Edmunds, asked a question in connection with parking difficulties for workers in St Andrews Street car park, which was often full in the long stay area by mid morning when those working late into the evening started their shifts.

In response, Councillor Peter Stevens, Portfolio Holder for Operations stated that the car park was usually operating at approximately 80% capacity; however due to increased demand in the lead up to Christmas, there was currently less availability.  While other car parks were also available, he advised that this matter  would be looked at in further detail as part of the 2016/2017 Annual Review of Car Parking in the Borough, to ensure a potential long term solution was fully investigated and proposed.

Report No:   CAB/SE/15/076

Chairman: Diane Hind                   Lead Officer: Christine Brain

The Cabinet received and noted Report No: CAB/SE/15/076, which informed the Cabinet of the following items discussed by the Overview and Scrutiny Committee on 11 November 2015:

(1)     Presentation from Streetkleen Bio Ltd on their PooPrints DNA Programme;

(2)     Presentation by the Cabinet Member for Operations;

(3)     Christmas Fayre Review;

(4)     Car Parking Task and Finish Review Group -  Final Report;

(5)     Directed Surveillance Authorised Applications  (Quarter 2); 

(6)     Decisions Plan: November 2015 to May 2016; and

(7)     Work Programme Update.

Councillor Diane Hind, Chairman of the Overview and Scrutiny Committee, drew relevant issues to the attention of the Cabinet including that separate reports were included on this Cabinet agenda in respect of Items (3) and (4) above.

The Cabinet particularly noted Councillor Hind’s recognition of the excellent work undertaken by the task and finish groups appointed by the Committee to review the Christmas Fayre and Car Parking in the Borough.  She also acknowledged the representation of Maria Broadbent, as referred to in minute 155 above and whilst it was unfortunate that Ms Broadbent’s concerns had not been investigated in this review, she welcomed their future consideration.

Report No:   CAB/SE/15/077

Cabinet Members: Alaric Pugh and Robert Everitt  Lead Officer: Andrea Mayley

RESOLVED:

That the Review of the Christmas Fayre report, contained in Report No: OAS/SE/15/016, including the Five Year Operational Plan, attached as Appendix D to Report No: OAS/SE/15/016, be approved.

The Cabinet considered Report No: CAB/SE/15/077, which sought approval for the findings of the Overview and Scrutiny Committee’s review of the Bury St Edmunds Christmas Fayre, including the accompanying five year operational plan.

Councillor Robert Everitt, Portfolio Holder for Families and Communities, drew relevant issues to the attention of the Cabinet including that the Overview and Scrutiny Committee had previously resolved to establish a Task and Finish Group to complete a review of the Bury St Edmunds Christmas Fayre and to adopt a five-year operational plan for the event.  The prompt for the review came from the Council’s acknowledgement that the Christmas Fayre had grown to be a nationally recognised event and that a review of the current principles and arrangements was therefore opportune.

It was proposed that the findings from the report (Appendix 1) and the operational plan (Appendix D) should be used to influence the planning and delivery of the 2016 Christmas Fayre, and beyond.

Councillor Everitt commended the Markets Development Officer, her team and supporting teams for their tremendous effort in delivering another extremely successful Christmas Fayre in 2015.  These sentiments were echoed by other Cabinet Members, who each recognised the significant contributions of the teams within their individual portfolios.

Discussions were held on the following:

(a)     the charging of £8 per car for the Park and Ride service, which had been set at that level to cover delivery costs;

(b)     achieving a balance between delivering a community-based event which significantly contributed to the economic growth of the town, and generating a small income;

(c)     that in the interests of safety it was considered appropriate not to pursue an additional park and ride site as this could possibly lead to crowd management issues within the footprint of the Fayre, which was reaching capacity at peak times;

(d)     signage was better during the 2015 Fayre; however there were some concerns regarding the white lining of car parking bays at the park and ride site; and

(e)     whilst not previously recorded, the costs of the park and ride site were now included in the income and expenditure accounts for the Fayre.   

RESOLVED:

That the Review of the Christmas Fayre report, contained in Report No: OAS/SE/15/016, including the Five Year Operational Plan, attached as Appendix D to Report No: OAS/SE/15/016, be approved.

Report No:   CAB/SE/15/078

Cabinet Member: Peter Stevens      Lead Officers: Mark Walsh and Darren Dixon

RESOLVED:

That the fifteen recommendations, as set out in Section 9 of the Car Parking Task and Finish Review Group Report, attached as Appendix 1 to Report No: OAS/SE/15/017, be approved. 

(The complete list of approved recommendations is attached separately.)

The Cabinet considered Report No: CAB/SE/15/078, which sought approval for several recommendations emanating from the final report of the Overview and Scrutiny Committee’s Car Parking Task and Finish Review Group. Some issues would require full Council approval as part of the budget setting process.

Councillor Peter Stevens, Portfolio Holder for Operations, drew relevant issues to the attention of the Cabinet, including that in 2012, the Overview and Scrutiny Committee had undertaken an extensive review of car parking provision and charging in St Edmundsbury.  A significant number of recommendations were endorsed by Cabinet on 12 December 2012.  This included the need for a full periodic review of car parking across the Borough every three to four years.  A task and finish group was therefore established by the Overview and Scrutiny Committee to undertake this review.

Councillor Stevens thanked the task and finish group and the Committee for their work, which had amongst other issues, highlighted the growing popularity of Bury St Edmunds and the unfortunate associated parking problems sometimes generated by this achievement at certain times.   The review had also addressed the need to explore longer term parking solutions and suggestions had been made by the Committee, some of which may have merit; however these would need to fit within the context of the emerging Bury St Edmunds Town Centre Masterplan.

The Cabinet commended the level of detail contained in the review and supported all 15 recommendations proposed.

RESOLVED:

That the fifteen recommendations, as set out in Section 9 of the Car Parking Task and Finish Review Group Report, attached as Appendix 1 to Report No: OAS/SE/15/017, be approved. 

(The complete list of approved recommendations is attached separately to these minutes)

Report No:   CAB/SE/15/079

Chairman: Sarah Broughton           Lead Officer: Christine Brain

The Cabinet received and noted Report No: CAB/SE/15/079, which informed the Cabinet of the following items discussed by the Performance and Audit Scrutiny Committee on 25 November 2015:

(1)     Mid Year Internal Audit Progress Report 2015-2016;

(2)     Subscription Charge for the Brown Bin Service;

(3)     Balanced Scorecard Quarter 2 Performance Report (2015-2016);

(4)     West Suffolk Strategic Risk Register Quarterly Monitoring Report – September 2015;

(5)     Work Programme Update;

(6)     Ernst and Young – Presentation of Annual Audit Letter (2014-2015);

(7)     Financial Performance Report (Revenue and Capital) Quarter 2 – 2015-2016;

(8)     Delivering a Sustainable Budget 2016-2017 – Update; and

(9)     Mid Year Treasury Management Report and Investment Activity (1 April – 30 September 2015).

Councillor Sarah Broughton, Chairman of the Performance and Audit Scrutiny Committee, drew relevant issues to the attention of the Cabinet including that the first five items listed above were considered jointly with Forest Heath District Council’s Performance and Audit Scrutiny Committee.  She added that a detailed discussion had been held on a proposed West Suffolk subscription charge for the brown bin service to take place from April 2016.  As detailed in the report, this had culminated in several recommendations being put to the Head of Operations, including a recommendation of setting the subscription charge at £40 per year, per bin, per household.

Councillor Stevens, Portfolio Holder for Operations informed the Cabinet that the Suffolk Waste Partnership was planning to roll out a programme for encouraging home composting.  This was supported, together with the promotion of introducing community composting sites, which could potentially be financially supported through allocations from Ward Member locality budgets.

Report No:   CAB/SE/15/080

Cabinet Member: John Griffiths      Lead Officer: Alex Wilson

RESOLVED:

That:

(1)     in accordance with the adopted West Suffolk Families and Communities Strategy, emphasis be placed on the new focus of Ward Members working with locality officers, and the ability for Borough Councillors to investigate locality issues through a variety of existing mechanisms, which could range from informal Ward Member meetings through to formal scrutiny reviews; and accordingly that

(2)     the Bury St Edmunds Area Working Party be disbanded and, if required, proposals for a locality forum for Bury St Edmunds be developed with other local authorities and partners, building on the learning from Haverhill and Suffolk County Council’s Our Place meetings;

(3)     the Haverhill Area Working Party be disbanded but the need for timetabled, regular discussion meetings be recognised to enable Haverhill Borough Councillors to examine, debate and act on locality issues when needed with appropriate Portfolio Holders and officers; and

(4)     the Rural Area Working Party be disbanded and it be replaced with a quarterly Parish Forum by re-launching St Edmundsbury Borough Council’s existing Parish Conference, with the possibility of an Annual Parish Conference for West Suffolk.

The Cabinet considered Report No: CAB/SE/15/080, which sought approval for four recommendations following a review of the Cabinet’s Bury St Edmunds, Haverhill and Rural Area Working Parties.

Councillor John Griffiths, Leader of the Council, drew relevant issues to the attention of the Cabinet including that the purpose of any Cabinet working party was to deliver the Cabinet’s priorities and functions, ideally without duplicating the role of any other committee or the Ward Members.  In this context, the Cabinet’s three Area Working Parties were set up to deliver specific Cabinet priorities in the rural, Bury St Edmunds and Haverhill areas.  Since their inception, the Area Working Parties had all evolved over time and the number of meetings had also reduced.  In 2014/2015, a total of eleven Area Working Party meetings were held in the three areas, resulting in only three formal recommendations to Cabinet.

In May 2015, the Cabinet had resolved to undertake a review of the Area Working Parties to establish, in consultation with borough councillors, partners and stakeholders, a potential way forward regarding the future of the Area Working Parties.

A summary of the consultation responses received over the summer and autumn 2015 were contained in the report, and having taken these comments into account, four proposals had been formulated which recommended the disbanding of the three Area Working Parties.

Emphasis was placed however, on encouraging the continuation of the Area Working Parties’ positive evolution in the context of the adopted Families and Communities Strategy which promoted locality-based working; and for issues to be investigated through a variety of alternative existing mechanisms, which could range from informal Ward Member meetings through to formal scrutiny reviews. Equally, it was important to be mindful of the need, at a time of reducing resources, to reduce any duplication in the discussion of issues, within the Council and between tiers of local government and partners.

Gratitude was expressed to all those that had responded to the consultation and it was anticipated that the proposals would encourage a much improved and efficient way forward to collaboratively address local issues affecting communities of the towns and parishes.   

RESOLVED:

That:

(1)     in accordance with the adopted West Suffolk Families and Communities Strategy, emphasis be placed on the new focus of Ward Members working with locality officers, and the ability for Borough Councillors to investigate locality issues through a variety of existing mechanisms, which could range from informal Ward Member meetings through to formal scrutiny reviews; and accordingly that

(2)     the Bury St Edmunds Area Working Party be disbanded and, if required, proposals for a locality forum for Bury St Edmunds be developed with other local authorities and partners, building on the learning from Haverhill and Suffolk County Council’s Our Place meetings;

(3)     the Haverhill Area Working Party be disbanded but the need for timetabled, regular discussion meetings be recognised to enable Haverhill Borough Councillors to examine, debate and act on locality issues when needed with appropriate Portfolio Holders and officers; and

(4)     the Rural Area  ...  view the full minutes text for item 160.

Report No:   CAB/SE/15/081

Cabinet Member: Robert Everitt      Lead Officer: Davina Howes

RESOLVED:

That:

(1)     the allocation of Community Chest funding for 2016/2017, as detailed in Report No: GWP/SE/15/004, be approved, namely:

(2)     Subject to the provision of a presentation on the work of the organisation prior to consideration of an allocation of funding for 2017/2018 and beyond, Community Chest funding for Suffolk West Citizens Advice Bureau of £182,500 for 2016/2017, be approved;

 (3)    subject to the budget setting process for 2017/2018, and subject to the satisfactory submission of evidence-based reports detailing the benefits and success of each individual project in 2016/2017, the allocation of Community Chest funding for 2016/2017 and 2017/2018, be approved, namely:

(4)     Due to not being considered to be appropriate for Community Chest funding but with the intention of signposting to alternative funding sources available, Community Chest funding for 2016/2017 not be awarded to:

(5)     No Community Chest funding for 2016/2017 be awarded to:

(a)     YMCA Suffolk;               

(b)     Young People of the Year - Befriending;              

(c)     Fresh Start – New Beginnings; and                   

(d)     Suffolk Young People’s Health Project (4YP).

(6)     No allocation of Community Chest funding for 2018/2019 be approved at this present time.

Decisions emanating from Addendum to Report No: CAB/SE/15/081:

(7)    

(a)     an allocation of £9,000 Community Chest funding to Mentis Tree for 2016/2017, be approved;

(b)     no Community Chest funding for 2016/2017 be awarded to Sue Ryder; and

(c)     following further discussions with the Families and Communities Team, a revised application from Suffolk Rape Crisis be submitted to the Grant Working Party for consideration in January 2016 with a view to making a recommendation to Cabinet on 9 February 2016.

The Cabinet considered Report No: CAB/SE/15/081, which presented the recommendations of the Grant Working Party emanating from its meeting on 16 November 2015.

Councillor Robert Everitt, Portfolio Holder for Families and Communities, drew relevant issues to the attention of the Cabinet including that the Grant Working Party had considered a total of 21 applications for Community Chest funding in 2016/2017.  A wide variety of organisations had submitted applications, as detailed in Appendix 1 to Report No: GWP/SE/15/004.  The Community Chest budget for 2016/2017 was £281,483 and applicants could apply for a maximum of three years.

Each application, including those felt more appropriate for alternative funding sources as detailed in Section 1.4 of the Cabinet report, had been summarised in Appendix 1 to Report No: GWP/SE/15/004  with the full applications attached as appendices to that report.  Each application was required to be evaluated in accordance with the eligibility and selection criteria set out in Appendix 24, and was considered in turn, as set out in the Cabinet report.

Following due consideration, recommendations for funding had been put forward to the Cabinet for the reasons provided in Report No; CAB/SE/15/081.

Members noted that the Working Party had decided to defer its consideration of three of the applications pending receipt of further information.  These applications had now been evaluated by email and the Working Party’s recommendations had previously been circulated to Cabinet by email and tabled at the meeting as an addendum to Report No: CAB/SE/15/081.

Subject to the approval of the recommendations, £35,477 remained in the 2016/2017 Community Chest.

Officers were recognised for their work in encouraging organisations to apply for funding and the Working Party was commended for its subsequent exceptionally thorough consideration of the applications.

RESOLVED:

That:

(1)     the allocation of Community Chest funding for 2016/2017, as detailed in Report No: GWP/SE/15/004, be approved, namely:

(2)     Subject to the provision of a presentation on the work of the organisation prior to consideration of an allocation of funding for 2017/2018 and beyond, Community Chest funding for Suffolk West Citizens Advice Bureau of £182,500 for 2016/2017, be approved;

 (3)    subject to the budget setting process for 2017/2018, and subject to the satisfactory submission of evidence-based reports detailing the benefits and success of each individual project in 2016/2017, the allocation of Community Chest funding for 2016/2017 and 2017/2018, be approved, namely:

(4)     Due to not being considered to be appropriate for Community Chest funding but with the intention of signposting to alternative funding sources available, Community Chest funding for 2016/2017 not be awarded to:

Report No:   CAB/SE/15/082

Cabinet Member: Alaric Pugh          Lead Officer: Steven Wood

(Councillors Robert Everitt and Joanna Rayner declared local non pecuniary interests as a board member and employee respectively of Havebury Housing Partnership. The Development Brief for Erskine Lodge, Great Whelnetham was being prepared on behalf of Havebury.   Both Members remained in the meeting for the consideration of this item.)

The Cabinet considered Report No: CAB/SE/15/082, which presented the recommendations of the Sustainable Development Working Party emanating from its meeting 18 November 2015.

On 18 November 2015, the Sustainable Development Working Party considered the following substantive items of business:

(1)     Land East of Barrow Hill, Barrow: Development

          Brief;

(2)     Development Brief for the allocated housing site at Erskine Lodge,  Great Whelnetham; and

(3)     The  Meadows, Wickhambrook: Development Brief.

Councillor Alaric Pugh, Portfolio Holder for Planning and Growth, drew relevant issues to the attention of the Cabinet, including that thorough consideration had been given to the three items outlined above at the meeting of the Sustainable Development Working Party.

The Cabinet noted that whilst the Development Brief for the Land East of Barrow Hill had not strictly been prepared in accordance with the Council’s Protocol for Preparing Development Briefs, the other two had and all accorded with the Vision 2031 Development Plan document and Core Strategy Development Plan document.  The Development Briefs would provide a suitable framework for the consideration of future planning applications.

RECOMMENDED TO COUNCIL: (15 December 2015)

That the Development Brief for Land East of Barrow Hill, Barrow, as contained in Appendix A to Report No: SDW/SE/15/014,  be adopted as non-statutory planning guidance.

RECOMMENDED TO COUNCIL:

That the Development Brief for Land East of Barrow Hill, Barrow, as contained in Appendix A to Report No: SDW/SE/15/014,  be adopted as non-statutory planning guidance.

RECOMMENDED TO COUNCIL: (15 December 2015)

That the Development Brief for the allocated housing site at Erskine Lodge, Great Whelnetham, as contained in Appendix A to Report No: SDW/SE/15/015, be adopted as non-statutory planning guidance subject to an amendment whereby an indication is given to the developers that there will be a requirement to investigate road safety aspect and improvements to the junction of the A143 with Stanningfield Road as part of the Transport Assessment to be submitted in support of a planning application.

RECOMMENDED TO COUNCIL:

That the Development Brief for the allocated housing site at Erskine Lodge, Great Whelnetham, as contained in Appendix A to Report No: SDW/SE/15/015, be adopted as non-statutory planning guidance subject to an amendment whereby an indication is given to the developers that there will be a requirement to investigate road safety aspect and improvements to the junction of the A143 with Stanningfield Road as part of the Transport Assessment to be submitted in support of a planning application.

RECOMMENDED TO COUNCIL: (15 December 2015)

That the Development Brief for The Meadows, Wickhambrook, as contained in Appendix A to Report No: SDW/SE/15/016,  be adopted as non-statutory planning guidance.

RECOMMENDED TO COUNCIL:

That the Development Brief for The Meadows, Wickhambrook, as contained in Appendix A to Report No: SDW/SE/15/016,  be adopted as non-statutory planning guidance.

(Councillor Tony Brown arrived during the consideration of this item.)

To consider the most recently published version of the Cabinet’s Decisions Plan

Report No:   CAB/SE/15/083

Cabinet Member: John Griffiths      Lead Officer: Ian Gallin

The Cabinet considered Report No: CAB/SE/15/083, which was the Cabinet Decisions Plan covering the period December 2015 to May 2016 (including Cabinet decisions expected on 24 November 2015).

Members took the opportunity to review the intended forthcoming decisions of the Cabinet; however, no further information or amendments were requested on this occasion.

Report No:   CAB/SE/15/084

Cabinet Member: Ian Houlder         Lead Officer: Joanne Howlett

RESOLVED:

That the write-off of the amounts detailed in the exempt appendices to Report No: CAB/SE/15/084 be approved, as follows:

(1)     Exempt Appendix 1: Council Tax totalling £21,402.51

(2)     Exempt Appendix 2: Business Rates totalling £35,442.94

The Cabinet considered Report No: CAB/SE/15/084, which provided the collection data in respect of Council Tax and National Non-Domestic Rates and sought approval for the write-off of debts as contained in the Exempt Appendices.

Councillor Ian Houlder, Portfolio Holder for Resources and Performance, drew relevant issues to the attention of the Cabinet, including the current collection performance, as set out in Section 3 of the report.

He added that the Council was continuing to lobby via the Local Government Association for a change to the Licensing Act 2003.  Subject to the four licensing objectives prescribed in the Licensing Act 2003 being satisfactorily met, the Council, as Licensing Authority, currently had no option but to grant an application for a Premises’ Licence even if the business owner had not paid their business rates across a range of premises. The Council was therefore lobbying for an amendment to the Act to enable Licensing Authorities to refuse or remove a Licence from those business owners that had not paid business rates.

RESOLVED:

That the write-off of the amounts detailed in the exempt appendices to Report No: CAB/SE/15/084 be approved, as follows:

(1)     Exempt Appendix 1: Council Tax totalling £21,402.51

(2)     Exempt Appendix 2: Business Rates totalling £35,442.94

To consider whether the press and public should be excluded during the consideration of the following items because 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 the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

See minute 166 below.

Exempt Appendices 1 and 2 to Report No:    CAB/SE/15/084

Cabinet Member: Ian Houlder         Lead Officer: Joanne Howlett

The Cabinet considered Exempt Appendices 1 and 2 to Report No: CAB/SE/15/084 under Agenda Item 13, however no reference was made to specific detail and therefore this item was not held in private session.