Agenda, decisions and minutes

Cabinet - Wednesday, 3rd August, 2016 10.00 am

Venue: Council Chamber, Appletree Court, Lyndhurst

Contact: 023 8028 5588 - ask for Jan Debnam  Email:  jan.debnam@nfdc.gov.uk

Items
No. Item

Apologies

 

Apologies for absence were received from Cllr E J Heron.

 

 

15.

Minutes

To confirm the minutes of the meeting held on 6 July 2016 as a correct record.

 

 

Minutes:

RESOLVED:

 

That the minutes of the meeting held on 6 July 2016 be signed by the Chairman as a correct record.

 

 

16.

Declarations of Interest

To note any declarations of interest made by members in connection with an agenda item.  The nature of the interest must also be specified.

 

Members are asked to discuss any possible interests with Democratic Services prior to the meeting.

 

 

Minutes:

There were no declarations of interest made by any member in connection with an agenda item.

 

 

17.

Public Participation

To note any issues raised during the public participation period.

 

 

Minutes:

No issues were raised in the public participation period.

 

 

18.

Leader's Statement

Minutes:

The Leader reminded members that, over recent months, he had been engaging with all neighbouring authorities and keeping an open mind to evaluate potential options for the devolution of powers from central government to local authorities.  To date however he had not seen any proposals that he considered would bring sufficient benefits in service delivery or value for money for local residents.

 

The Leader was also aware that the context had changed following the EU referendum and the subsequent major changes to the government which had instigated the proposals.  It was expected that further clarification about the future direction of the Government’s plans on devolution would be received from the new Secretary of State, Sajid Javid, in the autumn and there should not therefore be any rush to any apparent solution before the Government confirmed its position.

 

The Leader highlighted two consultations that had commenced the previous week that looked at the future of local government in Hampshire.

 

Firstly the consultation by the Solent Devolution Deal, being progressed by the Southampton, Portsmouth and Isle of Wight Unitary Authorities together with the Solent Enterprise Local Enterprise Partnership.  This consultation ran until 18 September 2016.  The structure did not include any district councils, but this Council, together with others, was listed as possible associate members or observers.

 

Secondly, the County Council had launched a consultation under the banner “Serving Hampshire” to ask for views on different ways that the County and the 11 district councils could change or be re-organised.  The consultation was not in partnership with any of the district councils affected.  Options included replacing all 11 district and borough councils with one all-purpose unitary authority.  The consultation ran until 20 September 2016.

 

The Leader, together with other district council leaders, had met with the Leader and Deputy Leader of the County Council on 29 July to express concern over the timing of the consultation and also that it would have been better if the consultation had been more collaborative with all councils in Hampshire.  It was a shared objective to ensure the best possible local services were provided to all residents, and to provide good value.

 

These consultations could cause uncertainty in the New Forest community as well as for the Council’s own staff.  All members were therefore encouraged to look closely at both these consultations.  The Chief Executive would be sending the necessary internet links to all members and staff later in the day.

 

The Chief Executive had been requested to organise some events early in September, at different locations, to provide the opportunity for the Leader and Chief Executive to answer the questions raised by members and staff about these consultations..  The Leader would then ensure that a response was made on behalf of the Council, following full consideration by the Council.

 

In the ensuing debate it was noted that the Chief Executive of Hampshire County Council had attended a recent meeting of the New Forest Association of Local Councils to present the consultation options and to  ...  view the full minutes text for item 18.

19.

Financial Monitoring Report (Based on Performance to July 2016) pdf icon PDF 119 KB

To consider the Council’s financial performance in the year to date.

 

 

Decision:

RESOLVED:

 

That the latest budget forecasts for the General Fund (paragraph 3.2 of Report item 4 considered by the Cabinet); Capital Programme (paragraph 4.1 of Report Item 4 considered by the Cabinet); and Housing Revenue Account (paragraph 5.1 of report item 5 considered by the Cabinet) be noted: and

 

RECOMMENDED:

 

That the Disabled Facilities Grants gross capital budget be increased by £261,000

 

 

Minutes:

The Cabinet considered variations to the Council’s budgets identified in the year to date.

 

There was a net estimated saving of £654,000 against the original General Fund budget which was now projected to be £16.538 million for the year.  Full details were set out in section 3 of the report, divided between items from portfolios or committees; asset management items and business development/third party grants.  There were significant elements of rephasing from 2015/16 in each of these categories and the cost would be met from earmarked reserves.

 

The Capital Expenditure programme had increased to £24.193 million as a result of additional budget requirements totalling £1.363 million and the rephasing of schemes totalling £2.161 million from 2015/2016.  Full details were set out in section 4 of the report.  A significant element of the increased budget requirement was the supplementary budget agreed by the Council for works at Milford sea front (Council minute 16, 11 July 2016 refers).  In addition, in February the Council had received notification that its grant allocation for Disabled Facilities Grants had been increased by £335,000 to £901,000 for 2016/17.  It was therefore proposed to remove the original capital allocation from this Council’s funds of £74,000, bringing the total increase in this budget to £261,000; with a consequent increase in revenue expenditure for additional staff to allow implementation of the increased funding.

 

No variations had yet been identified against the Housing Revenue Account, although slower than expected progress on the maintenance programme might be the subject of an update in the next financial monitoring report.

 

RESOLVED:

 

That the latest budget forecasts for the General Fund (paragraph 3.2 of Report Item 4 considered by the Cabinet); Capital Programme (paragraph 4.1 of Report Item 4 considered by the Cabinet); and Housing Revenue Account (paragraph 5.1 of Report Item 5 considered by the Cabinet) be noted; and

 

 

RECOMMENDED:

 

That the Disabled Facilities Grants gross capital budget be increased by £261,000.

 

 

20.

Delegation of Powers to Officers

To reflect recent changes to the legislation additional powers need to be delegated to the officers in order to implement the new requirements.  The delegation of powers to officers allows the Council to operate efficiently within defined policy.  The additional fixed penalty notice provisions supplement a range of other fixed penalty notices that may already be imposed.  The Housing and Communities and Environment Portfolio Holders have recently approved the scale of charges to be imposed.

 

 

RECOMMENDED:

 

That the following powers be delegated to the officers shown.

 

Source

 

Power delegated

 

Delegated to

 

 

 

 

 

Animal Welfare Act 2006

The Microchipping of Dogs (England) Regulations 2015

 

To authorise, in writing, persons to act for purpose of enforcing the Regulations

 

Executive Head, or Service Manager

 

 

 

 

 

Environmental Protection Act 1990 S 33ZA

 

To give fixed penalty notices for the unauthorised deposit of waste

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-A

 

To give a fixed penalty notice for failing to produce waste Documentation

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-B

 

To give a fixed penalty notice for failure to produce authority to carry waste.

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

Decision:

RESOLVED:

 

That the following powers be delegated to the officers shown:

 

Source

 

Power delegated

 

Delegated to

 

 

 

 

 

Animal Welfare Act 2006

The Microchipping of Dogs (England) Regulations 2015

 

To authorise, in writing, persons to act for purpose of enforcing the Regulations

 

Executive Head, or Service Manager

 

 

 

 

 

Environmental Protection Act 1990 S 33ZA

 

To give fixed penalty notices for the unauthorised deposit of waste

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-A

 

To give a fixed penalty notice for failing to produce waste Documentation

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-B

 

To give a fixed penalty notice for failure to produce authority to carry waste.

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

Minutes:

The Cabinet considered additional delegation powers to allow the implementation of recent legislation.

 

 

RESOLVED:

 

That the following powers be delegated to the officers shown:

 

Source

 

Power delegated

 

Delegated to

 

 

 

 

 

Animal Welfare Act 2006

The Microchipping of Dogs (England) Regulations 2015

 

To authorise, in writing, persons to act for purpose of enforcing the Regulations

 

Executive Head, or Service Manager

 

 

 

 

 

Environmental Protection Act 1990 S 33ZA

 

To give fixed penalty notices for the unauthorised deposit of waste

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-A

 

To give a fixed penalty notice for failing to produce waste Documentation

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers

 

 

 

 

 

Environmental Protection Act 1990 S 34-B

 

To give a fixed penalty notice for failure to produce authority to carry waste.

 

Executive Head, or Service Manager, or Street Scene and Waste Supervisors, or Refuse and Recycling Foreman, or Commercial Waste Officer, or Ground Maintenance Supervisor, or Ground Maintenance Foreman, or Environmental Health Manager, or Senior Environmental Health Officers, or Environmental Health Officers, or Environmental Enforcement Officer, or Partnership Intervention Manager, or Parking Operations Manager, or Parking Attendant Shift Leader, or Parking Attendants, or Dog Warden, or Pest Control Officers, or Planning Enforcement Officer, or Housing Estates Manager, or Neighbourhood and Tenancy Management Officers