Meeting documents

To sign the Minutes of the meeting held on 27 August 2013, subject to the inclusion of the word “Regulation” between the words “Traffic” and “Act” in Resolution 1a of Minute 36 - Off Street Car Parking Order.

The Minutes of the Cabinet meeting held on 27 August 2013, copies of which had been previously circulated, were approved and signed by Councillor N Rose, Cabinet Leader, as a correct record subject to the word "Regulation" being included between the words “Traffic” and “Act” in Resolution 1a of Minute 36 - Off Street Car Parking Order 2012.

There were no declarations of interest.

The Cabinet received a report attaching the draft 28-Day Notice which provided a forward look at the Agenda for the next meeting of the Cabinet.  Potential further reports included HS2 and the Buckinghamshire Thames Valley Local Enterprise Partnership.  The Notice would be published on 18 November 2013.

Councillor N M Rose added that he had invited Richard Harrington, Chief Executive of the Bucks Thames Valley Local Enterprise Partnership to give a presentation to the Performance and Resources Overview Committee on 3 December 2013.  Councillor Rose noted that the Government regarded LEPs as a key mechanism for the development of local capacity, growth, and the devolution of mainstream departmental funding.  As such, the LEP would play a key role, and all Members were encouraged to attend the presentation.

RESOLVED -

That the Draft 28-Day Notice / Forward Plan, to be published on 18 November 2013, be noted.

(i)        Councillor Mrs I Darby - Flood Fair, Chesham

Councillor Mrs Darby reported that a Flood Fair had been successfully held at Chesham Town Hall on 9 October 2013.  Information and experts were on hand to talk about the risk of flooding and how residents could protect their homes.  There had also been a demonstration of the modern alternative to sandbags which could be viewed at:

http://www.chiltern.gov.uk/article/3132/Flood-Fair-Chesham

(ii)      Councillor Mrs I Darby - Clean Bus Fund

Councillor Mrs Darby was pleased to report that the Council had been successful in a bid to secure £85,000 of government funding to modify five local buses to reduce harmful and polluting emissions.  Chiltern was one of just eight local authorities in the UK to win a share of more than £1m.  The grant would mean that five buses operating in the Chesham area could now have exhaust gas modifications, making them run greener and cleaner.

(iii)     Councillor Mrs I Darby - Safe Places Scheme

Councillor Mrs Darby advised that the Safe Places Scheme, which had launched in Chesham earlier in the year, was being extended to Chalfont St Peter.  The Scheme identified local shops (via window stickers) as safe places where vulnerable people could go if they felt unsafe.  Councillor Mrs Darby added that 35 local businesses had already signed up for the Scheme.

(iv)     Councillor P E C Martin - Waste Update

Councillor P E C Martin reported that collections in Wycombe under the joint waste contract would begin on 28 October.  The changes for Wycombe residents were less significant, and it was expected that this would be reflected in the response to the new service.

Councillor Martin added that a concern that had emerged in terms of collections in Chiltern was that wheeled bins were not being returned to the correct place once they had been emptied.  Bin placement would be addressed with the contractor accordingly.

Reference was also made to newspaper articles - in response to a briefing by a Junior Government Minister - that residents across the country would be given different recycling containers for each different waste stream.  Councillor Martin clarified that this had been a mistake by the Junior Minister concerned, and the Local Government Association had taken up the matter.

(v)      Councillor N M Rose - HS2 Update

Councillor N M Rose noted that the legal challenge to the Government’s decision to proceed with HS2 would be covered later on the Agenda (see Minute 62).  However, he made reference to the KPMG report - originally released in September 2013 - which had said that HS2 could boost the economy.  Now, following a Freedom of Information request, it had been revealed that the report also highlighted potential losses to some regional economies (for example, Aberdeen, Cambridge and Bristol) as a result of HS2.  Councillor Rose expressed distaste at the decision to omit this information in September, citing it as a further example of deceit around the benefits of HS2.

In order to inform the Capital Programme, the Council’s Budget Managers had been asked to review existing and committed schemes, and to also review the provisional schemes list.  The report had also been presented to the Performance and Resources Overview Committee on 8 October 2013, and to the Corporate Asset Management Group on 16 October; their comments were reported to the Cabinet.

It was noted that as a result of the review, £2.7m of expenditure had been re-phased from the current year to future years, with £150k released from the programme.

The provisional scheme list identified schemes which might be included in the future programme.  These schemes required a Business Case to be approved, and the Cabinet noted the importance of thoroughly scrutinising each Business Case that came forward.

In relation to the Repairs and Renewals Fund, bids to the value of £210k were received for 2014/15.

After noting that moving forward, there would be difficult decisions to be made in relation to the Capital Programme, particularly in relation to leisure, it was

RESOLVED -

1.         That the proposed changes to the Approved and Committed Programme 2013/14 to 2017/18 be agreed.

2.         That the Repairs and Renewals Fund Programme 2013/14 to 2014/15 be agreed.

The report before the Cabinet proposed a Joint Procurement Strategy with South Bucks District Council.  The report had been considered by the Performance and Resources Overview Committee on 8 October 2013.  A revised draft of Appendix 3 to the Strategy was tabled at the meeting - as attached to the Minutes - to reflect the comments of the Overview Committee.

As a Joint Strategy, it was noted that it would also need to be approved by South Bucks District Council.  The Head of Finance advised that if changes were made at South Bucks, the Strategy would be brought back.

Regarding the procurement performance indicators, it was noted that the number of active suppliers on the finance system had increased from 499 in 2011/12 to 905 in 2012/13.  The Head of Finance advised that this was the result of changes in the definition of ‘active supplier’.

After noting that the Joint Procurement Strategy had been created to promote good practice and a consistent policy for both Councils to follow, the Cabinet

The Cabinet considered a report setting out the activities of the Treasury Management operation for the quarter ending 30 September 2013.

The Council’s contract for banking services was with the Co-Operative Bank.  In light of the financial difficulties experienced by the Co-Op Bank, assurance had been received that the downgraded ratings in no way indicated any threat to the ability of the bank to service customers.  It was reported that they had also assured the Council that regardless of the bank’s eventual strategic direction, existing contracts would be honoured until their expiry date.  The Director of Resources added that the Council had no fixed-term investments with the Co-op, and had no plans to make any future fixed investment with the bank.

Notwithstanding these assurances, Members expressed concerns regarding the Council’s exposure with the Co-Operative Bank, and considered it important to investigate options.  In particular, it was suggested that it was important to ascertain the Council’s obligations under the existing contract; what alternative options there were; and what was on deposit on an average day.  The Cabinet considered that it was important to receive this information as soon as possible, and the Director of Resources confirmed that this would be done.

Although encouraged that there were no fixed-term investments with the Co-Op, the Cabinet considered it appropriate that the Co-Operative be removed from the list of authorised providers.  Following which it was

RESOLVED -

1.            That the treasury management activity in the quarter July to September 2013 be noted.

2.            That the Co-Operative be removed from the list of authorised counterparties for the investment of the Council’s funds.

Bucks Home Choice was the lettings scheme operated jointly by Aylesbury Vale, Chiltern, South Bucks, and Wycombe District Councils for the allocation of social housing tenancies.

The Cabinet had received a report on 30 October 2012 advising of changes to the Policy in light of the Localism Act 2011 amongst other things.  A formal consultation had since been held on the changes.  The report now before the Cabinet detailed the 588 responses received and the arising revised Policy.  It had been considered by the Housing and Planning Overview Committee on 3 October 2013 and their comments were reported to the Cabinet.

The Principal Housing Officer advised that it was proposed to amend the recommendations in the report to include reference to the DCLG Consultation Paper “Providing Social Housing for Local People - Strengthening Statutory Guidance on Social Housing Allocations”.  The final statutory guidance would be issued once the consultation process had concluded.  After noting that the proposed Guidance would mainly focus on encouraging local authorities to prioritise applicants who had a close association with the local area, it was

RESOLVED -

1.         That the draft revised Bucks Home Choice Allocations Policy be noted.

2.         That the Head of Health and Housing be given delegated authority, in consultation with the Portfolio Holder for Health and Housing, to agree and adopt the final version of the revised Bucks Home Choice Allocations Policy, subject to:

i) consideration being given to the Department for Communities & local Government Consultation Paper “Providing Social Housing for Local People - Strengthening Statutory Guidance on Social Housing Allocations”; and

ii) Aylesbury Vale, South Bucks and Wycombe District Councils also adopting the revised policy.

3.         That the Head of Health and Housing, in consultation with the Portfolio Holder for Health and Housing, be given delegated authority to make any necessary amendments to the adopted Bucks Home Choice Allocations Policy once the final statutory guidance referred to in the DCLG consultation paper has been issued and subject to Aylesbury Vale, South Bucks and Wycombe District Councils also agreeing to the necessary amendments.

Note: Councillors D W Phillips and J Gladwin left the meeting at 5.34pm.

The Cabinet were asked to note the Annual Car Parking Report.  Under the Traffic Management Act 2004 the report would also be submitted to the Department for Transport.

The report had been considered by the Housing and Planning Overview Committee on 3 October 2013, and their comments were reported to the Cabinet.

Regarding unpaid Penalty Charge Notices, it was confirmed that these were pursued to the full extent of the legislation and referred on for debt collection.  In terms of the quantity, this was not out of keeping with other authorities.  As part of the shared service review with South Bucks District Council procedures would be further reviewed.

In terms of unpaid Penalty Charge Notices which were ultimately written-off, it was noted that this was detailed in the Annual Audit Car Parking Report.

Regarding the lease on the Buryfields Car Park in Great Missenden, Members were advised that this had been renewed for a further three-year period.

RESOLVED -

That the report, which under the Traffic Management Act 2004 will be submitted to the Department for Transport, be noted.

The report before the Cabinet captured the key financial and operational performance of the leisure contract in its financial year 1 January 2012 to 31 December 2012.

The report had also been considered by the Chiltern Leisure Advisory Board and by the Community and Environment Overview Committee on 24 September 2013 and their comments were reported to the Cabinet.  It was noted that John Amatt (Operations Director) and Luke Askew (Partnership Manager) from GLL, the Council’s Leisure provider, had given a presentation to the Overview Committee, that had been well received.

Overall the contract had performed well with a total surplus of £433,416 exceeding the budget target by £137,988.  This had been achieved despite the financial climate impacting negatively on income.

RESOLVED -

That the report be noted.

The Cabinet were invited to approve the content and format of the Housing Land Supply Trajectory 2006 to 2028, as an evidence document for the Delivery Development Plan Document (DPDD) and inclusion in the 2012/13 Annual Monitoring Report.

The report summarised the changes that had been made to the 2012 Trajectory.  The Cabinet noted that the Trajectory was a key document for proving that there was an adequate housing land supply, and as such was a cornerstone of the Council’s Core Strategy.

After noting the potential negative implications of the Draft Vale of Aylesbury Plan on meeting the District’s unplanned housing need, as reported at the meeting on 9 July 2013 (Minute 5 refers) it was

RESOLVED -

That the 2013 Chiltern District Housing Land Supply Trajectory 2006 to 2028 be approved for publication as an evidence document for the Delivery Development Plan Document and inclusion in the 2012/13 Annual Monitoring Report.

The Chilterns Conservation Board were consulting on their draft Management Plan and the Cabinet were invited to comment.

It was noted that the consultation had not been available in time for the Housing and Planning Overview Committee on 3 October 2013.  Instead, the Committee had subsequently been emailed the consultation; however, no comments had been received.

After noting that the Plan was comprehensive with full coverage given to the various issues facing the AONB both now and in the future, it was

RESOLVED -

1.         That the Chilterns Area of Outstanding Natural Beauty (AONB) Management Plan 2014-2019 Consultation Draft September 2013 be supported.

2.         That a letter supporting the plan be sent to the AONB Board.  The precise wording of the letter delegated to the Head of Sustainable Development in consultation with the Portfolio Holder for Sustainable Development.

The Cabinet received a report containing the new draft joint Sustainable Community Strategy which had been reviewed by the Partnership Steering Group on 17 September and signed off by the Chiltern and South Bucks Strategic Partnership on 16 October 2013.

After noting that the joint partnership with South Bucks was working well, it was

RESOLVED -

That the report be noted.

The report before the Cabinet outlined the performance of the Council against national and local indicators and key objectives during April and June 2013.  The report had been presented to the Performance and Resources Overview Committee at the meeting on 8 October 2013 and their comments were reported to the Cabinet.

It was noted that further explanation would be included in future reports, which would be presented quarterly.

RESOLVED -

That the report be noted.

The Cabinet received a report setting out the principles that Chiltern District Councillors and Council staff were expected to follow when using social media.

It was noted that the policies applied to all Members and staff, regardless of status or position.  It was not intended to stop Councillors or staff from conducting legitimate activities on the internet through social media, but rather to serve to flag up areas in which conflicts could arise.

The Cabinet were advised that the possibility of a joint e-newsletter for residents was being explored with South Bucks District Council.  This would be minimal cost, with limited copies printed from existing budgets for special groups.

Following the response in October 2012 to the Government’s consultation on the Draft Aviation Policy Framework, the Cabinet received an update report outlining what had occurred since that time.  The Cabinet noted that the implications of changes to stacking remained critical and developments would continue to be monitored closely.  After also noting that the Council would continue to respond to both the Future Airspace Strategy development and London Airspace Management Programme, it was

RESOLVED -

That the report be noted.

Note: Councillor P M Jones left the meeting at 5.58pm.

In relation to Minute 9 - Site Search: Aylesbury Crematorium - the Chief Executive advised that there had been positive progress on the proposed site.

RESOLVED -

That the Minutes of the Chilterns Crematorium Joint Committee held on 11 September 2013 be received.

The Cabinet received a report providing an update on the Legal Challenge to the Government’s decision to proceed with High Speed 2 (HS2), and the work undertaken in respect of the Draft Environmental Statement and parliamentary process to date.

The Supreme Court had heard the appeal against the government’s decision to proceed with HS2 on 15-16 October 2013.  The judgement was expected to be delivered before the end of the year.

It was also anticipated that the Hybrid Bill (Bill) would be put before Parliament before the end of the year.  The report detailed how the petitioning activity associated with the Bill would work in practice.  It was noted that it had taken over three and a half years for the Crossrail Bill to go through parliament.

The report also detailed the expenditure to date and the earmarked reserve for HS2 which was summarised as follows:

It was acknowledged that it was difficult to estimate fees and costs, however the areas where further funding could be required was the petitioning stage of the Hybrid Bill process; communication and engagement with local communities; and, commissioning any technical expertise in support of the specific issues to be addressed through the petitioning process.

It was also noted that a dedicated team of officers had been put together as the HS2 Officers Steering Group (comprising officers from both Chiltern and South Bucks) to take forward work against HS2.  In addition, the Members HS2 Steering Group had also been established, and it was considered appropriate to extend the membership to include other Members whose wards were affected by the proposal.  Councillor Rose advised that he had approached a number of Members to be on the Steering Group and would confirm in due course.

RESOLVED -

1.         That the Chief Executive in consultation with the Cabinet Leader and Head of Legal & Democratic Services be authorised to draw down sums from the reserve as necessary for the on-going work on the parliamentary process, any expenditure being reported back to Cabinet.

2.         That a further report be brought back to Cabinet on the Issues for Petitioning once finalised by the HS2 Members and Officers Steering groups and the Supreme Court judgement once received.

3.         That the Member Officer Working Group be expanded to six Members from Chiltern and the representative from South Bucks be confirmed with up to two Members.