Meeting documents

To confirm the minutes of the meeting held on 7 July 2015.

The minutes of the meeting of the Cabinet held on 7 July 2015 were confirmed and signed by the Leader.

To note the 28 Day Notice of decisions to be taken by:

Appendix A – SBDC Cabinet

Appendix B – Chiltern and South Bucks Joint Committee

The Cabinet received a copy of the 28 day Notice prepared in accordance with Regulation 9 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 setting out the key (and non-key) decisions the Cabinet was intending to make at public and private meetings.

The Cabinet also received a copy of the 28 day Notice setting out the key (and non-key) decisions the Chiltern and South Bucks Joint Committee were intending to make at public and private meetings.

The Leader advised of the following changes he had made to Cabinet Portfolios with effect from the next cycle of meetings:

·         Sustainability moved from Healthy Communities Portfolio to Environment Portfolio

·         Car Parking moved from Environment Portfolio to Resources Portfolio

RESOLVED that the 28 day Notices,  together with the changes made to Portfolios,  be noted.

The Cabinet considered a report which set out the financial forecast for the next four years and based on that proposed a number of objectives for the Medium Term Financial Strategy, the forecast for which was set out on Appendix A which also identified a number of issues including funding sources (e.g. New Homes Grant). The Cabinet’s attention was drawn to the funding gap forecast in 2019/20 of £803k and to the objectives set out in paragraph 5.4 to reduce net expenditure and eliminate the funding gap. The report went on to:

·         outline the budget process, including the consultation process with the PAGs, leading to setting the council tax in February 2016;

·         Identify strategic and financial risks;

·         identify links to the business plan; and

·         set out the next steps and key dates including the autumn statement in November and release of the individual financial settlements in December.

During the discussion the Cabinet was advised that the Overview and Scrutiny Committee on 5 October 2015 had agreed as requested to set up a Panel to consider saving proposals and options to address the medium term financial strategy facing the Council and to prepare a report for the meeting of the Cabinet on 17 December via a meeting of the Overview and Scrutiny Committee on 11 November.

RESOLVED – that the report be noted.

The Cabinet considered a report (which the Chairman had agreed should be taken as a matter of urgency in view of the need to agree a position  as soon as possible) seeking agreement to proceed to be part of an expression of interest for business rate pooling for 2016/17, if the Government determines pooling is to continue. 

The report, after explaining the business rates pooling scheme and how it operated through an Inter Authority Agreement, went on to set out the options and in table 1 the financial gains from the various pooling options (15 in total) which ranged from £200k to £1, 900k. For the Council the potential benefit gave a range of additionally retained business rate of £30k to £400k.

Having considered the options and noting that not being part of a pool would mean there is a likelihood that some business rate growth in South Bucks will be taken by the Government, the Cabinet supported the proposal to become part of a pool that maximised the financial benefits to the Council The Cabinet also supported the suggestion that any gain from pooling should be top sliced to provide funding for Bucks Advantage.

To consider report of the  Acting Chief Executive.

The Cabinet received a report inviting it to comment on a refresh of the Joint Business Plan 2015-2020.

The report explained that, whilst the top level and second level aims and objectives remained the same this year, the third level aims and objectives have been refreshed to reflect the Council’s changing priorities and the needs of the district as set out in Appendix C.

The Cabinet was advised that the Overview and Scrutiny Committee had made no comments on the Plan at its meeting on 5 October 2015.

During the discussion the Leader and Deputy Leader congratulated officers for the work they had carried out to refresh the Joint Business Plan which clearly sets out the Council’s Aims and Objectives and how the Council intends to meet residents ’expectations.

To consider report of the Acting Chief Executive.

The Cabinet considered a report showing the performance of Council services against performance indicators during the period April to June 2015 and in particular performance in relation to:

The following appendices were attached to the report:

Of the 7 PIs which were off target 3 are priority targets. Of the five PIs which failed to meet targets, four relate to housing and the Cabinet’s attention was drawn to Appendix B which provided the reasons.

Referring to the housing PIs the Leader asked for further information on the housing challenges facing the Council and the action being taken to get people out of B & B accommodation and into low cost ownership. The Chief Executive emphasised that the housing challenges were not peculiar to SBDC but national and related to changes in housing benefit and the housing market in the region. The Chief Executive reminded the Cabinet of the Member Workshop on Housing due to be held later in the year to discuss options for going forward to tackle the challenges.

RESOLVED that the report be noted.

To consider report of the  Acting Chief Executive.

The Cabinet received a report seeking approval to the Council’s continued financial contribution to the Bucks Thames Valley Local Enterprise Partnership (BTVLEP) which can be met from within existing budgets.

The Cabinet, after recognising that the establishment of the BTVLEP has opened up opportunities to influence the investment of various funding streams which have, and will be, awarded to the area by the government, agreed that the small contribution requested will ensure that the Council can continue to play its full role on the BTVLEP Board and help influence the development of business and infrastructure growth initiatives locally and across Buckinghamshire.

It was accordingly

RESOLVED that the allocation of £2,700pa from existing budgets towards the running costs of BTVLEP identified in the report for the period 2015/16 – 2017/18 be approved.

To note the minutes of the meeting of the PAG held on 15 September 2015  and consider the Portfolio Holder’s recommendations as set out in:

Minute 15 - Garden Waste Collection Services 2016/17 (Updated Report Attached – Appendix attached in Part II)

Minute 16 -  Bring Site Review (Report Attached)

The Cabinet received the Part I minutes of the Environment Policy Advisory Group held on 15 September 2015 and the following were the subject of recommendations from the Portfolio Holder:

Minute 15 – Garden Waste Collection Service Charges 2016/17

The PAG had received a report setting out options for garden waste collection service charges in 2016/17 and the Portfolio Holder advised the Cabinet that she had now received the further information requested - as set out on in the additional report in Part 2 of the Agenda - and was satisfied that the charges being proposed and the projected income to be received would meet the cost of providing the service. 

After considering the advice of the Portfolio Holder the Cabinet

RESOLVED to approve the early bird discount of £36.00 be introduced during the month of February with the full price being £46.00 in March 2016. 

Minute 16 – Bring Site Review

The PAG had received a report setting out the results of,  and recommendations arising from, a review of collection data and bring site capacity monitoring  which had highlighted the top and bottom performing bring sites. 6 sites were recommended for closure   due to poor performance with 9 sites being retained as a result of the high usage and tonnage collection.

It was also proposed that all small household electrical banks be removed from 5^th October 2015.

Having considered the advice of the Portfolio Holder, the Cabinet:

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To note the minutes of the meeting of the PAG held on 17 September 2015 (TO FOLLOW) and consider the Portfolio Holder’s recommendations as set out in:

Minute 19 – Assessment of National Infrastructure Projects – Cumulative Environmental Impacts (Report Attached)

Minute 20 – Subscriptions and Donations Grants (Report Attached)

Minute 21 - Community Development Grants (Report Attached)

Minute 22 - 2014/15 Greenhouse Gas Report and Future Target (Report Attached)

Minute 23  - The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (Report Attached)

The Cabinet received the Part I minutes of the Healthy Communities Policy Advisory Group held on 17 September 2015 and the following were the subject of recommendations from the Portfolio Holder:

Minute 17 – Assessment of National Infrastructure Projects – Cumulative Environment Impacts

Over the years South Bucks District has been affected by national infrastructure developments and the PAG received a report identifying a number of infrastructure proposals which will have a further significant adverse impact on the District particularly to the South and West around Iver

Due to the number and range of threats to the district it is important that a robust process is in place to provide environmental information and establish the current baseline, identifying the significant risks to the quality of life for communities in the district in terms of noise, air quality and water resources / flooding.

A budget to challenge or mitigate against the impact of infrastructure projects already existed and the report proposed that £20k be set aside from this budget to cover the costs associated with commissioning a competent consultancy to establish an environmental baseline assessment. The PAG indicated its support for this proposal and mindful of the need to keep abreast of issues and to work in partnership with other neighbouring authorities that were similarly affected by infrastructure projects, particularly Heathrow, also supported a proposal for the Council to become a member of the Local Authorities Aircraft Noise Council at an annual cost of £505 which can be met from existing budgets. Membership would enable the Council to appoint 3 representatives.

Minute 18 – Subscriptions and Donations

The PAG had considered a report setting out the requests that had been made from the following community organisations for the second round of funding from the Subscriptions and Donations budget 2015/16, £1991 of which remained unallocated:

·         Chattertots - £5,500

·         Hedgerley Football Club - £750

·         Pop Goes the Choir - £3,000

Minute 19 – Community Development Grants

The PAG received a report setting out the applications that had been made from the following organisations for funding from the Community Development Grant budget for 2015/16 of which a balance of £15k remained:

During the discussion the PAG was  ...  view the full minutes text for item 26.

To note the minutes of the meeting of the PAG held on 10 September 2015. And consider the recommendation of the Portfolio Holder in the following Minute:

Minute 20 – Application for Hardship Relief (Report Attached in Part II)

The Cabinet received the minutes of the Resources Advisory Group held on 10 September 2015 and the following was the subject of a recommendation from the Portfolio Holder:

Minute 20 – Application for Hardship Relief

Whilst considering an application for rate relief on hardship grounds the PAG had been of the opinion that to award the hardship relief would not be in the best interests of taxpayers throughout the District for reasons set out in the report and would go against the aim of providing cost effective customer-focused services.

And further

RESOLVED that the minutes of the meeting held on 10 September 2015 be noted.

To note the minutes of the meeting of the PAG held on 10 September 2015 and consider the Portfolio Holder’s recommendations as set out in:

Minute 20 – Local Development Scheme Review ( Updated Report Attached)

The Cabinet received the minutes of the Sustainable Policy Advisory Group held on 10 September 2015 and the following was the subject of a recommendation from the Portfolio Holder:

Minute 20 – Local Development Scheme Review

Following the recent Government announced objective for speeding up plan-making, the PAG considered a report setting out  options and a recommended way forward to produce a new Local Plan by early 2017 through a review the of the  Council’s  approved Local Development Scheme.

The report, after explaining the government’s objectives including the intention to prepare a national league table for local plan making, set out three options for responding to these objectives as follows:

·                     To continue on the current  Local Development  Scheme timetable;

·                     To progress a South Bucks Local Plan to a shorter timetable

·                     To produce  a joint local plan with Chiltern District Council

The report went on to identify reasons for pursuing option 3 including the following:

·         A joint plan would make more  efficient use of available staff resources and remove duplication of effort; and

·         In preparing its own local plan the Council would be grouped together with the Berkshire Unitary Authorities within a Housing Market Authority (HMA) and Functional Economic Market Area (FEMA); by undertaking a joint plan it was anticipated that a joint local plan would form part of a Buckinghamshire HMA and FEMA.

The report explained in paragraph 3.4 that pursuing option 3 was dependent on a number of issues including the need for additional resources and additional meetings of the PAGs and or Cabinets at both authorities.

Lead officers from all adjacent planning authorities have been consulted and the Cabinet noted the summary of the comments received as set out in paragraph 4 of the report which also addressed the financial and other corporate implications.

In connection with the setting up of a Joint Planning Policy Member Reference Group to provide advice and a steer on the preparation of planning policy matters, the Portfolio Holder proposed that the membership should comprise the following SBDC members:

         B Gibbs, J Lowen Cooper, W. Mathews, P. Kelly, R. Bagge and N. Naylor.

To consider and agree any recommendations arising from the minutes of the meeting of the Chiltern and South Bucks Joint Committee held 20 July 2015.

The Cabinet received for information the minutes of the meeting of the Chiltern and South Bucks Joint Committee held on 20 July 2015

The Cabinet received a report explaining the decision by the Management Team to agree an exemption from the requirement under the Contracts Procedure Rule to obtain competitive tenders thus enabling the Council to accept a single quote and instruct  Mr David Lintoff of counsel to provide initial advice and then to advocate on behalf of the Council.in respect of Enforcement Notice Appeals  relating to Alderbourne Cottage (Area 2) Fulmer Lane, Fulmer, Bucks SL9 7BL.

RESOLVED – that the decision taken by the Management Team be noted.

Report of Head of Legal and Democratic Services

The Leader had agreed to this report being considered as a matter of urgency as the Council was due to receive an application for designation of a neighbourhood area imminently and the process for dealing with such applications and subsequent neighbourhood plans, needed to be in place to meet the Council’s statutory obligations.  

The Localism Act 2011 introduced a new statutory regime for local communities to make neighbourhood plans and neighbourhood development orders. Regulations governing these processes are contained in the Neighbourhood Planning (General) Regulations 2012. Responsibility for the neighbourhood planning process is a cabinet function, with the decision to make a plan or order following a referendum, reserved to Full Council on the recommendation of the cabinet. In areas which are parished (as is the case for the whole of South Bucks District) neighbourhood plans and neighbourhood development orders can only be instigated by town or parish councils. To ensure the various procedural decisions required by the regulations are made as quickly and efficiently as possible and after appropriate member and local consultation, the Cabinet considered and agreed a scheme of delegations attached at Appendix 1.

The Regulations also make provision for publicity at various stages of the process, and the Cabinet also agreed a proposal that this should go beyond the minimum required, which is publication on the District Council’s website, to ensure that the local community is fully aware of any proposals.

The Leader agreed to take this report as a matter of urgency to enable the Cabinet to comment prior to the Statement of Principles being submitted to Council on 10 November 2015 for adoption.

Section 349 of the Gambling Act 2005 Act requires all licensing authorities to prepare and publish a statement of the principles that they intend to apply in exercising their functions under the Act. This statement of principles lasts for a maximum of three years, but can be reviewed and revised by the authority at any time. The Council published its first Statement of Principles for the period31 January 2007 to 30 January 2010 and subsequently published a revised Statement for the periods 31January 2010 to 30 January 2013 and 31 January 2013 to 30 January 2016. 

In accordance with the requirement of the 2005 Act a further revised Statement of Principles must now be adopted and published for the period 31 January 2016 to 30 January 2019.  As adoption is a shared function with the Licensing Committee the Cabinet was invited to comment on a revised Statement of Principles as set out in Appendix A of the report.

After noting the additional comments received and shared at the meeting of the Licensing Committee on 7 October 2015, the Cabinet supported the draft Statement of Principles and accordingly

"that under Section 100A(4) of the Local Government Act 1974 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act "

To confirm the Part II minutes of the Cabinet meeting held on 7 July 2015.

(Paragraphs 1 and 3)

The Part II minutes of the meeting of the Cabinet held on 7 July were confirmed and signed by the Chairman.

Report referred to in item 11 attached.

(Paragraphs 1, 2, and 3 – because of information relating to an individual and their financial affair)

In making the decision set out in minute 27 the Cabinet had regard to the application for hardship relief as set out in the report.

Appendix referred to in item 6 – Garden Waste Collection Services 2016/17

(Paragraph 3 – because of information relating to the financial or business affairs of the Council)

In making the decision in minute 25 (minute 15) the Cabinet noted the additional financial information provided in the report.