Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP
K. Miles Chief Executive.
STRATEGY AND RESOURCES COMMITTEE
A meeting of the Strategy and Resources Committee will be held as a Virtual – Online meeting on MONDAY, 1ST JUNE, 2020 at 10.00 am.
Members of the Strategy and Resources Councillor Worden (Chair) Committee
Councillors Barker, Lane, Leaver, Lofthouse, Patrinos, Pearson, Prowse, L. Spear, Wilkinson and Yabsley
AGENDA
1. Virtual meetings procedure - Briefing and Etiquette Chair to report.
2. Apologies for absence
3. To approve as a correct record the minutes of the meeting held on 4 May 2020 (attached). (Pages 7 - 16)
4. Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency.
5. Declarations of Interests. (Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting. Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).
6. To agree the agenda between Part 'A' and Part 'B' (Confidential Restricted Information).
PART 'A'
7. Public Spaces Protection Orders Dog Control (Pages 17 - 38) Joint report by Environmental Protection Lead and Senior Solicitor (attached).
8. Devon Districts Procurement Strategy (Pages 39 - 52) Report by Project, Procurement and Open Space Officer (attached).
9. Devon Home Choice and Local Lettings Policies (Pages 53 - 56)
Report by Senior Housing Needs Officer (attached).
10. Glass Collection and Recycling (Pages 57 - 60) Report by Chief Executive (attached).
11. Air Quality Supplementary Planning Document (Pages 61 - 102) Report by Lead Officer Planning Policy (attached).
12. Coastal Concordat (Pages 103 - 106) Report by Lead Officer Planning Policy (attached).
13. Business Rates Reliefs, Council Tax Reliefs and Business Grants (Pages 107 - 188) Report by Head of Resources (attached)
14. Urgent Decisions Taken by the Chief Executive (Pages 189 - 234) To note the urgent decisions that have been made by the Chief Executive in accordance with paragraph 3.48, Annexe 2, Part 3 of the Constitution (attached).
PART 'B' (CONFIDENTIAL RESTRICTED INFORMATION) Nil.
If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253
21.05.20
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North Devon Council protocol on recording/filming at Council meetings
The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected.
The rules that the Council will apply are:
1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place and a reminder will be issued at the commencement of virtual meetings.
2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.
3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off. In a virtual meeting the public will be excluded from the meeting while in Part B.
4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity. Public contributions to virtual meetings will be recorded, unless, at the Chair’s discretion, recording is deemed in appropriate in accordance with point 2 above.
5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view.
Notes for guidance:
Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day.
North Devon Virtual Meeting Protocol Found Here
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For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected].
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Meeting Etiquette Reminder for Members
Members are reminded to: Join the meeting at least 10-15 minutes prior to the commencement to ensure that the meeting starts on time. Behave as you would in a formal committee setting. Address Councillors and officers by their full names. Do not have Members of your household in the same room. Be aware of what is in screen shot. Mute your microphone when you are not talking. Switch off video if you are not speaking. Only speak when invited to do so by the Chair. Speak clearly (if you are not using video then please state your name) If you’re referring to a specific page, mention the page number. Switch off your video and microphone after you have spoken. The only person on video will be the Chair and the one other person speaking. Only use the Chat function to register that you wish to speak or to move or second a motion.
Virtual attendance by members of the public
If members of the public wish to attend virtually, please contact Corporate and Community services on 01271 388253 or [email protected].
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This page is intentionally left blank Agenda Item 3 Strategy and Resources Committee - 4 May 2020
NORTH DEVON COUNCIL
Minutes of a meeting of Strategy and Resources Committee held at Virtual - Online meeting on Monday, 4th May, 2020 at 10.00 am
PRESENT: Members:
Councillor Worden (Chair)
Councillors Barker, Lane, Leaver, Lofthouse, Patrinos, Pearson, Prowse, L. Spear, Wilkinson and Yabsley
Officers:
Chief Executive, Head of Resources, Senior Solicitor/Monitoring Officer, Service Lead - Environmental Protection, Customer and Corporate Services Manager, Contracts Delivery Manager, Business Information Systems Manager, Head of Environmental Health and Housing, Head of Place and Project and Procurement Officer
Also Present:
Councillors Biederman, Davies, Gubb, Knight, Ley, Mackie, Saxby, D. Spear, Tucker, Walker and York
119. APOLOGIES FOR ABSENCE
There were no apologies for absence received. 120. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 2ND MARCH 2020 (ATTACHED).
RESOLVED that the minutes of the meeting held on 2 March 2020 (circulated previously) be approved as a correct record and signed by the Chair. 121. ITEMS BROUGHT FORWARD WHICH IN THE OPINION OF THE CHAIR SHOULD BE CONSIDERED BY THE MEETING AS A MATTER OF URGENCY.
(a) Selaine Saxby MP Update
Councillor Saxby in her capacity as MP for North Devon addressed the Committee. She advised the Committee that the Government was working hard to protect everyone’s health and supporting businesses. The provision of grants to businesses was positive. She invited anyone to get in contact with her if they required any help. 122. DECLARATIONS OF INTERESTS
The following declarations of interest were announced:
1 Page 7 Agenda Item 3 Strategy and Resources Committee - 4 May 2020
Councillor D. Spear Item 6: Personal interest as a Braunton Parish Councillor
Councillor L. Spear Item 6: Personal interest as a Braunton Parish Councillor
123. DISPOSAL OF PUBLIC OPEN SPACE, BRAUNTON
The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the disposal of public open space to Braunton Parish Council.
The Project, Procurement and Open Space Officer highlighted the following issues:
Proposed site for adoption by Braunton Parish Council as detailed in Appendix 1. The area of land outlined in red was owned by North Devon Council. The area of land outlined in blue was currently owned by Tescos however North Devon Council maintained the land. Braunton Parish Council had approached North Devon Council to request the transfer of the public open space within North Devon Council’s control. North Devon Council had engaged with Tesco Superstores regarding the completion of the transfer of public open space.
Councillor L. Spear re-declared a personal interest in the item as the Chair of Braunton Parish Council.
In response to questions, the Project, Procurement and Open Space Officer advised that Tescos Superstores had stopped engaging with North Devon Council approximately 12 months ago. In October 2019, North Devon Council sought Tescos view on transferring the Public Open Space directly to Braunton Parish Council rather than NDC. This request was acknowledged and NDC were advised that they would take instruction, however no reply had been received. If Tescos were not prepared to engage with NDC then the Council would have no other option but to stop maintaining the open space in Tesco ownership and could pay back the remaining unspent Section 106 revenue contribution.
RESOLVED:
(a) That the placing of a statutory advertisement under section 123 of the Local Government Act 1972, for the disposal of land to Braunton Parish Council, at a nil value for the benefit of the environmental and social wellbeing of the community be approved, for:
(i) Land known as Bats Meadow and associated open space, Braunton, and show as red on the Plan as detailed in Appendix 1;
(ii) Land in the ownership of Tesco, Braunton subject to a public
2 Page 8 Agenda Item 3 Strategy and Resources Committee - 4 May 2020
open space adoption by NDC, shown as blue on the plan as detailed in Appendix 1;
(b) That the Chief Financial Officer be delegated authority to consider the responses received, and make a decision based on that consideration whether or not to proceed with and carry out that disposal. 124. APPROVAL AND RELEASE OF SECTION 106 PUBLIC OPEN SPACE FUNDS - CHULMLEIGH AND HEASLEY MILL
The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the approval and release of section 106 public open space funds towards projects in Chulmleigh and Heasley Mill.
The Project, Procurement and Open Space Officer highlighted the following:
Enhancement of the playing field car park at Chulmleigh as detailed in paragraph 4.1 of the report. Improvements to the car park and picnic area at Heasley Mill Village Hall as detailed in paragraph 4.2 of the report. Funding of £2,000 was required to meet the funding shortfall. The Ward Member was in support of this project.
Councillor Davies addressed the Committee as Ward Member for Chulmleigh and was in support of the project to enhance the Playing Field car park.
RESOLVED:
(a) That £18,500 be allocated to Chulmleigh Parish Council towards the enhancement of the Playing Field car park;
(b) That £2,000 be allocated to Heasley Mill Village Hall Management Committee towards the cost of the refurbishment of the village car park and picnic area;
RECOMMENDED:
(c) That Council vary the Capital Programme by £20,500 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor, for external projects. 125. APPROVAL AND RELEASE OF SECTION 106 FUNDS, SOUTH MOLTON
The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the approval and release of section 106 funds towards a project within South Molton.
The Project, Procurement and Open Space Officer advised of a typographical error contained within paragraph 5.1 of the report, which should be amended to refer to planning application 60512 “land west of Nadder Lane, South Molton”.
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The Project, Procurement and Open Space Officer highlighted the following:
The Council had been working with South Molton Football Club to identify a suitable site which was available on the open market and was flat for the relocation of the club. The land was located near to the new Primary School at Limers Lane, South Molton. The relocation of the football club had been identified through the Local Plan and the North Devon Playing Pitch Strategy.
In response to questions, the Project, Procurement and Open Space Officer advised the following:
South Molton Football Club had tried to purchase other pieces of land in the past, but had been unsuccessful as these were usually purchased very quickly and the club had missed several opportunities. A private buyer had put an offer on the table to the Football Club who agreed that the buyer purchase the land until such times as the Football Club had sufficient funds to purchase off of the buyer. There would be no uplift in the amount that the Football Club would pay to purchase the land from the private buyer. The Local Plan identified that South Molton needed a new sports hub. This was originally due to be located at the rear of the Secondary School. In terms of pitch allocation, South Molton Rugby Club had secured a new pitch at the rear of the Secondary School however the landowner would not release any further land. The new site was located to the south east of the new Primary School. Public Open Space included pitches and built recreation. The Leisure Centre was pay and play. South Molton Football Club and the running club would be the legal owners therefore any hire or usage would be managed by them. It would be managed through an open membership through both the Football Club and the running club. The grounds would not be open to the public. This was the same arrangements for other clubs such as rugby clubs. Maintenance of the pitch would cost approximately £9,000 per annum. A scheme for the site had been prepared but was not yet in the public domain. The planning application had not yet been considered by the Planning Committee. The Club was working with a conveyancing solicitor. A legal charge would be placed on the land registering the Councils interest.
In response to questions, the Chief Executive advised that public access would be considered as part of the planning permission process. The section 106 funds for this project had been specifically collected for built open space. By opening the grounds up to public access would result in the pitches being damaged. A full scheme would be submitted detailing the expenditure for the project.
RESOLVED that £60,525.92 be allocated to South Molton Football Club towards the purchase of their new site at Limers Lane, South
4 Page 10 Agenda Item 3 Strategy and Resources Committee - 4 May 2020
Molton.
RECOMMENDED that Council vary the capital programme by £60,525.92 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor, for external projects. 126. NORTH DEVON+ BREXIT FUNDING
The Committee considered a report by the Chief Executive (circulated previously) regarding the funds received from the Government to assist in preparations for Brexit.
The Chief Executive highlighted the following:
Discussions had taken place with Torridge District Council regarding North Devon+ regarding the provision of a support package to be rolled out to businesses in Torridge and North Devon areas. Small to medium sized businesses would be targeted. Torridge District Council (TDC) had already agreed to contribute £30,000 to North Devon+ to deliver the Brexit package of support. TDC had retained some funding awarded by the Government to use for work being undertaken with the shellfish industry. North Devon Council (NDC) did not have any schemes which the Government funding could be used for. North Devon+ would use the existing business support networks such as the Chamber of Commerce, Federation of Small Businesses to deliver the support to local businesses. As there were more small to medium sized businesses located within the NDC area, North Devon+ could be requested to support more businesses in the NDC area.
In response to questions, the Chief Executive advised the following:
The Government funds awarded to NDC was ringfenced for Brexit preparedness and could not be used for other purposes. Councillors would be advised of any appropriate events planned for businesses. Business grants were administered by NDC. North Devon+ provided general business support and had provided 10 business support packages to date.
In response to questions, the Head of Resources advised that the Government grant was awarded in three tranches of £17,500. There was a need for the support to be provided by one organisation to avoid duplication of work. There were significant higher number of businesses located in North Devon compared to Torridge District Council area.
5 Page 11 Agenda Item 3 Strategy and Resources Committee - 4 May 2020
Councillors Prowse and Worden declared personal interests as Directors of North Devon+.
RESOLVED:
(a) That a maximum of £52,452 be provided to North Devon+ as grant funding in order for North Devon+ to deliver the Brexit support package, funded from the Provision for Brexit earmarked reserve;
(b) That a report on the success of the programme be brought back to a later Committee;
(c) That a letter be written to the MP for North Devon requesting that she lobby Ministers to avoid a no deal Brexit especially as our employers were reeling and closing due to Covid 19. 127. RECOVERY PHASE FOR NORTH DEVON'S LOCAL ECONOMY: UPDATE
The Committee received an update from the Head of Place regarding the recovery phase for North Devon’s local economy. He outlined the work that was being undertaken with partners from the public and private sector as part of the group “North Devon Futures” which also included Torridge District Council and that a virtual meeting would be taking place this week. The Council was also working in partnership with Devon County Council and the Local Resilience Forum on the recovery process for both northern Devon and the whole of Devon. Further work was being carried out on the application to the High Street fund. The Chamber of Commerce had arranged a webinar on Friday for businesses with MPs. Officers were contacting businesses who had not already applied for a business grant to encourage them to apply. North Devon+ were receiving referrals from businesses for support. A weekly newsletter would be produced to be sent to businesses which would include the support being provided by North Devon+. The Council had recently undertaken a survey of busineses which had received 520 responses. The responses were currently being analysed. The Council was working with the Government on funding that had already been awarded to renegotiate terms and completion dates. The Council was seeking to achieve transformation through the growth agenda and was working closely with Devon County Council Local Enterprise Partnership.
The Committee requested a copy of the presentation to be forwarded to all Members for information via the Weekly Information Sheet.
The Chief Executive advised that the most important aspect was the recovery of the economy and that there was an opportunity for the Council to lead on the recovery phase. The Head of Place was in the process of preparing a draft plan which would be circulated to all Members within the next week and that an informal Council briefing would then be arranged. 128. TARKA LEISURE CENTRE
6 Page 12 Agenda Item 3 Strategy and Resources Committee - 4 May 2020
The Committee considered a report by the Contracts Delivery Manager (circulated previously) regarding the Tarka Leisure Centre.
The Contracts Delivery Manager highlighted the following:
Construction of the new Tarka Leisure Centre was due to start in July but before works commenced a planning condition needed to be discharged. To discharge this condition, a statement was needed from the Council as landowner that the existing leisure centre would close prior to the new one opening. It also needed to confirm that any new use within the existing leisure centre would require a separate planning application.
In response to questions, the Contracts Delivery Manager advised the following:
At the last project meeting with Parkwood and the builders it was confirmed the new leisure centre was still scheduled to open on 1 February 2022. This date could change following lockdown, but at present the building programme was not effected. A new interim contact had now been signed with Parkwood Leisure for the current leisure centre until the new leisure centre opened. The interim contract arrangements prevent the contractor from closing the existing leisure centre for any length of time before the new one opens without a very good reason. It was not in the contractor’s interest to do this and it’s intended the existing centre would close before the new one opens.
The Chief Executive confirmed that the current arrangements in place were clear in that the two facilities would not be open at the same time.
RESOLVED that the existing leisure centre close prior to the opening of the new leisure centre and any new use within the existing leisure centre be subject to the approval of a separate planning application. 129. NORTH DEVON COUNCIL'S PARTICIPATION IN THE UK RESETTLEMENT SCHEME FOR REFUGEES
The Committee considered a report by the Head of Environmental Health and Housing Services (circulated previously) regarding participation in the UK Resettlement Scheme for refugees.
The Head of Environmental Health and Housing advised that the Council had participated in resettlement through endorsement of Community Sponsorship and these schemes have been successful.
In response to questions, the Head of Environmental Health and Housing advised the following:
There were no revisions to the dates contained within table in the Briefing Paper. The funding had not been announced for each person for the next year.
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The Council would seek to lease properties through private sector leasing. Two units would not have an adverse impact on the local housing market. Other support services needed to be commissioned.
RESOLVED:
(a) That the Council pledges to secure two properties to accommodate new arrivals of refugee families under the local authority managed resettlement scheme in this area in 20/21;
(b) That the Council pledges to support a further four Community Sponsorship schemes, and gives delegated authority to the Head of Service for Environmental Health and Housing, to determine applications in consultation with the Lead Member for Housing;
(c) The Council pledges to secure up to two properties per year to accommodate refugee families under the local authority managed resettlement scheme in this area post 20/21, subject to:
(i) Government confirmation of the numbers of people and associated funding.
(ii) The Council’s organisational capacity to undertake this responsibility.
(d) That the Council’s ongoing participation in the Devon Syrian Resettlement Governance partnership be approved, which was administered by Devon County Council. 130. PUBLIC SPACES PROTECTION ORDERS DOG CONTROL
The Committee considered a joint report by the Environmental Protection Service Lead and Senior Solicitor (circulated previously) regarding Public Spaces Protection Orders Dog Control.
Following concerns raised by the Committee, the Chief Executive advised that if the Committee were minded to defer the consideration of the consultation proposals for one month there were still time to carry out the consultation as the existing cover did not run out until October. This would give the opportunity for further consultation to take place with Councillors. The controls also operated in other areas such as play areas and there was a need to be sensitive regarding controls on beaches. It was anticipated that this survey would receive the most responses that the Council had received.
RESOLVED that the consideration of the report be deferred for one cycle to enable the opportunity for further consultation to take place with Councillors regarding the wording of the proposed questions and that Councillors be requested to feedback to the Environmental
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Protection Lead within the next two weeks. 131. URGENT DECISION TAKEN BY THE CHIEF EXECUTIVE
The Committee noted the urgent decision that had been made by the Chief Executive in accordance with paragraph 3.48, Annexe 2, Part 3 of the Constitution (circulated previously) regarding the response to the South West Inshore and South West Offshore Marine Plan.
Chair The meeting ended at 12.47 pm
NOTE: These minutes will be confirmed as a correct record at the next meeting of the Committee.
9 Page 15 This page is intentionally left blank Agenda Item 7
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE DATE: 1st JUNE 2020 TOPIC: PUBLIC SPACES PROTECTION ORDERS
DOG CONTROL
REPORT BY: ENVIRONMENTAL PROTECTION SERVICE LEAD
SENIOR SOLICITOR
1. Introduction
1.1 The Council’s current Public Spaces Protection Orders (PSPO’s) relating to dog controls naturally expire in October 2020. This report gives Members’ the opportunity of undertaking a public consultation exercise to inform decision making about any future orders.
1.2 This will be a contentious issue and Members’ will clearly wish to test the evidence base for any restrictions, the proportionality of any controls, and to investigate if there are any alternatives to regulation.
2. Recommendations
2.1 It is recommended that Members authorise the Head of Service (Environmental Health and Housing) to undertake a consultation exercise using the proposals set out in Appendix A.
3 Reasons for Recommendations
3.1 To deal with the problems associated with irresponsible dog ownership.
4 Report
4.1 Members’ will recognise the significant and positive public health, social and economic benefits of dog ownership. A number of published papers for example have evidenced the savings to the NHS through improved physical and mental health of owning a companion dog.
Page 17 Agenda Item 7
While the majority of dog owners are responsible, there is unfortunately an irresponsible minority who do not pick up after their dog or allow their dogs to run out of control.
4.2 The Anti-social Behaviour, Crime and Policing Act 2014 contains provisions for local authorities to introduce PSPO’s. They are designed to address anti-social behaviour. To implement a PSPO, a local authority must be satisfied on reasonable grounds that the activity has been or is likely to be detrimental to the quality of life of those in the locality, and that the activity is likely to be persistent and unreasonable in nature. The PSPO can either prohibit the activity or make specific requirements on those who are carrying out the detrimental activity.
4.3 To enable Members’ to put in place proportionate and effective measures, Officers have put together a draft consultative document (refer to Appendix 1). The objective of the consultation exercise is to secure the desired outcomes through the new PSPO by pursuing the least restrictive approach.
4.4 Dependent upon Members’ approval of the proposed consultation document, it is proposed to undertake an 8 week public consultation exercise. DEFRA advice mandates that the Council must consult with local dog law and welfare experts. Officers will also directly engage with representative bodies from tourism. Officers can confirm that the private beach owners have been party to the development of the draft consultative document. This process would give the Council the opportunity to make a seamless transition to the introduction of the new arrangements.
4.5 A potential schedule of key dates is provided below :
Date Actions 8th June – 9th August consultation period
9th August - 18th September collate / review consultation responses and amend proposals accordingly
5th October amended proposals to be considered by Strategy and Resources Committee
Page 18 Agenda Item 7
w/c 12th October proposals to be considered by extraordinary meeting of Full Council for approval
5 Resource Implications
5.1 The setting up of any new PSPO can be undertaken within existing resources. The cost of the new signage is estimated to be in the region of £5k which can be met from existing revenue budget.
5.2 Enforcement of the PSPO can be undertaken by the Council’s Officers, and by other groups where the Council is satisfied that they hold the appropriate competencies. This could include Police Officers, Parish Council Officers and representatives of individual landowners.
6 Constitutional Context
Article or Appendix Referred or Key decision? and paragraph delegated power?
Article 7.1, Part 3, Delegated No Annexe 1.1(h)
7 Statement of Confidentiality This report contains no confidential information or exempt information under the provisions of Schedule 12A of the 1972 Local Government Act.
8 Background Papers This report has been prepared with reference to the Local Government Association document “Public Spaces Protection Orders – Guidance for Councils” - published on 1st February 2018 and readily available at www.local.gov.uk.
9 Statement of internal Advice The author confirms that advice has been taken from all appropriate Councillors and Officers.
Author: Andy Cole, Environmental Protection Service Lead Trevor Blatchford, Senior Solicitor Date: 1st June 2020 Reference: PSPO Strategy and Resources Report Page 19 This page is intentionally left blank Agenda Item 7 Appendix A
Appendix 1
Draft Consultation
In October 2014, the Anti-Social Behaviour (ASB) Crime and Policing Act 2014 was brought into force, giving local authorities and the Police more effective powers to deal with Anti-Social Behaviour.
North Devon Council has reviewed the issues which are currently impacting on our community relating to dogs and is considering introducing new measures by way of implementing a Public Space Protection Order (PSPO). This would enable the Council to continue to address ASB associated with dog fouling and control after October 2020.
The measures being examined in this consultation could enable certain restrictions and obligations to be imposed to help correct behaviour associated with irresponsible dog ownership.
The consultation is seeking to gain a view on general district wide measures and also on specific locations where there is some evidence of need. This includes areas of land in private ownership such as beaches. A private landowner would be able to exercise discretion on how they wished the PSPO to be enforced through a request to the Council and clear signage would then be put in place for the public.
The Council wants to look closely at the need for any controls and the proportionality of any sanctions. It would welcome suggestions for non-regulatory approaches which will be equally or more effective. The Council wishes to pursue the least restrictive approach in dealing with this issue.
The Council has identified 6 areas where there may be sufficient evidence of need for a PSPO.
The consultation has, therefore, been divided into 6 parts:
Part A Dog Fouling Part B Dog Control Part C Sports Pitches Part D Tarka Trail Part E Braunton Burrows Part F High Tide Roosting Sites
Page 21 Agenda Item 7 Appendix A
Part A - Proposals for Controlling Dog Fouling
The presence of dog fouling in public areas is a risk to health.
A high level of street cleanliness is particularly important locally due to the Council’s desire to promote tourism and the economy.
North Devon Council believes that regulatory controls should be considered as a result of:
(i) The current level of community representations received by the Council.
(ii) The current level of regulatory activity.
(iii) The observations of our Neighbourhood Wardens who patrol the district.
The Council has in addition identified 6 significant amenity beaches in the district, namely:
Saunton Sands Woolacombe Sands Putsborough Sands Instow Croyde Bay Combe Martin
The owners of the beaches have indicated that they believe there is a need to regulate dog fouling controls to maintain the appropriate level of cleanliness for all users.
North Devon Council wishes to consult, therefore, on the following proposal:
1. To issue Fixed Penalty Notices (FPNs’) to people who do not pick up their dog waste of £100 in all public areas and on the beaches of Saunton Sands, Woolacombe Sands, Putsborough Sands, Instow, Croyde Bay and Combe Martin.
2. To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’ in relation to the above.
Page 22 Agenda Item 7 Appendix A
Questions on Part A
1. Do you support the Council in addressing this area of community need through a PSPO ?
YES/NO
If NO, why not?
2. Do you support the introduction of these controls on all public spaces across the district?
YES/NO
If NO, why not?
3. Do you support the introduction of these controls on all the beaches identified?
YES/NO
If NO, why not?
4. Do you support the Council in giving delegated authority to approved third parties (such as Police Officers’, Parish Councils’, beach owners’, and other landowners) to improve the efficiency and effectiveness of enforcing these controls ?
YES/NO
If NO, why not?
Page 23 Agenda Item 7 Appendix A
Part B – Dog Control
North Devon Council believe that walking/exercising dogs ‘off lead’ in enclosed public children’s play areas can be dangerous.
The Council also takes the view that walking/exercising dogs ‘off lead’ in public cemeteries can cause nuisance or offence.
The Council’s Neighbourhood Wardens report that many people are disregarding the current ‘advisory signs’ which are in place in these two areas.
North Devon Council believes that the presence of dogs on the 6 busy amenity beaches can be a cause of nuisance to other beach users.
The owners of these beaches want controls in place during the summer season (Easter Day – 30th September) to ensure that the presence of dogs does not interfere with the enjoyment of other users who may be sunbathing, swimming or involved in other leisure activities.
North Devon Council wishes to consult, therefore, on the following proposal:
1. To issue FPNs’ of £100 to people who walk or exercise their dogs ‘off lead’ in enclosed children’s play areas.
2. To issue FPNs’ of £100 to people who walk or exercise their dogs ‘off lead’ in public cemeteries.
3. To prohibit the presence of dogs on the beaches identified above between Easter Day and 30th September, except in certain designated “dog friendly” areas.
The beach owner will be responsible for identifying and promoting such designated “dog friendly” areas – including the provision of associated signage.
4. To issue FPNs’ of £100 to people who allow their dogs to be present on these beaches - other than being in or travelling to the “dog friendly” areas as signed.
5. To require a person to place their dogs on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer.
6. To issue FPNs’ of £100 to people who do not place their dog on a lead of 2.0m length or less when directed by a suitable delegated person / Officer.
7. To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’.
Page 24 Agenda Item 7 Appendix A
8. The above controls will not apply to people who are blind or partially sighted and have an assistance dog registered with a member organisation of Assistance Dogs UK.
Page 25 Agenda Item 7 Appendix A
Questions on Part B
1. Do you support the Council in addressing these issues through a PSPO?
YES/NO
If NO, why not?
2. Do you support the proposed controls in enclosed children’s play areas?
YES/NO
If NO, why not?
3. Do you support the proposed controls in public cemeteries?
YES/NO
If NO, why not?
4. Do you support the proposed controls on Saunton Sands ?
YES/NO
If NO, why not?
5. Do you support the proposed controls on Woolacombe Sands ?
YES/NO
If NO, why not?
6. Do you support the proposed controls on Putsborough Sands ?
YES/NO
If NO, why not?
7. Do you support the proposed controls on Instow beach?
YES/NO
If NO, why not? Page 26 Agenda Item 7 Appendix A
8. Do you support the proposed controls on Croyde Bay ?
YES/NO
If NO, why not?
9. Do you support the proposed controls on Combe Martin beach?
YES/NO
If NO, why not?
10. Do you have any other suggestions for alternative controls which would achieve the same aims as these proposals on the beaches ?
Insert suggestions here
11. Do you support the proposed promotion of designated areas of the beaches being promoted as being ‘dog friendly’ - i.e. places where people can exercise their dogs without restrictions?
YES/NO
If NO, why not?
Page 27 Agenda Item 7 Appendix A
6. Do you support the proposed controls to require a person to place their dogs on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer ?
YES/NO
If NO, why not?
Page 28 Agenda Item 7 Appendix A
Part C – Formal Sports Pitches
The presence of dog fouling on public and privately owned formal sports pitches (for example football / rugby / cricket pitches, netball / tennis courts, bowling greens, athletics tracks) is a risk to health.
High levels of cleanliness in these locations are particularly important due to the Council’s desire to promote tourism, the economy, and support residents and visitors to have a healthy and active lifestyle.
North Devon Council believes that regulatory controls should be considered as a result of:
(i) The current level of regulatory activity.
(ii) The observations of our Neighbourhood Wardens who patrol the district.
(iii) Private sports pitch owners wanting dog controls enforced to enable these areas to be safely used for the purpose which they are designed.
North Devon Council wishes to consult, therefore, on the following plan:
1 To issue FPNs’ of £100 to people who do not pick up their dog waste from all publicly owned formal sports pitches
2 To issue FPNs’ of £100 to people who do not pick up their dog waste from all privately owned formal sports pitches, where the owner has requested such controls.
3 To prohibit the presence of dogs on all publicly owned formal sports pitches.
4 To prohibit the presence of dogs on all privately owned formal sports pitches, where the owner has requested such controls.
5 To issue FPNs’ of £100 to people who allow their dogs to be present on all publicly owned sports pitches.
6 To issue FPNs’ of £100 to people who allow their dogs to be present on all privately owned formal sports pitches, where the owner has requested such controls.
7 To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’.
The above controls will not apply to people who are blind or partially sighted and have an assistance dog registered with a member organisation of Assistance Dogs UK. Page 29 Agenda Item 7 Appendix A
The site owner will be responsible for the provision of associated signage and promotion of these restrictions.
Page 30 Agenda Item 7 Appendix A
Questions on Part C
1 Do you support the Council in addressing this area of community need through a PSPO?
YES/NO
If NO, why not?
2 Do you support the proposed controls on all public and privately owned sports pitches across the district?
YES/NO
If NO, why not?
3 Do you support the Council in giving delegated authority to approved third parties (such as Police Officers’, Parish Councils’, sports pitch owners’, and other landowners) to improve the efficiency and effectiveness of enforcing these controls?
YES/NO
If NO, why not?
Page 31 Agenda Item 7 Appendix A
Part D – Tarka Trail
North Devon Council believe that the presence of dogs “off lead” on the Tarka Trail can be dangerous and a cause of nuisance to other users of this multi-use trail.
North Devon Council believes that regulatory controls should be considered as a result of:
(i) The current level of regulatory activity.
(ii) The observations of our Neighbourhood Wardens who patrol the district.
North Devon Council wishes to consult therefore on the following plan to ensure that the presence of dogs does not interfere with the enjoyment of other users of the trail.
1 To prohibit the presence of dogs “off lead” on the Tarka Trail.
2 To issue FPNs’ of £100 to people who walk or exercise their dogs ‘off lead’ on the Tarka Trail.
3 To require a person to place their dog(s) on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer.
4 To issue FPNs’ of £100 to people who do not place their dog on a lead of 2.0m length or less when directed by a suitable delegated person / Officer.
5 To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’.
The above controls will not apply to people who are blind or partially sighted and have an assistance dog registered with a member organisation of Assistance Dogs UK.
Page 32 Agenda Item 7 Appendix A
Questions on Part D
1 Do you support the Council in addressing these issues through a PSPO?
YES/NO
If NO, why not?
2 Do you support the proposed controls to prohibit the presence of dogs “off lead” on the Tarka Trail?
YES/NO
If NO, why not?
3 Do you support the proposed controls to require a person to place their dogs on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer?
YES/NO
If NO, why not?
Page 33 Agenda Item 7 Appendix A
Part E – Braunton Burrows Special Area of Conservation (SAC)
North Devon Council is aware of concerns from Natural England, and the owners of land in and around Braunton Burrows regarding uncontrolled dogs disturbing grazing livestock. The suggestion is that this could adversely impact on their business.
North Devon Council believes that regulatory controls should be considered as a result of:
(i) The current level of regulatory activity.
(ii) The observations of our Neighbourhood Wardens who patrol the district.
(iii) The need to support economic growth associated with the grazing of livestock in this area.
North Devon Council wishes to consult therefore on the following plan:
1 To prohibit the presence of dogs “off lead” in specific locations on Braunton Burrows at appropriate times of the year.
2 To issue FPNs’ of £100 to people who walk or exercise their dogs ‘off lead’ in these areas at these times.
3 To require a person to place their dog(s) on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer.
4 To issue FPNs’ of £100 to people who do not place their dog on a lead of 2.0m length or less when directed by a suitable delegated person / Officer.
5 To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’.
The above controls will not apply to people who are blind or partially sighted and have an assistance dog registered with a member organisation of Assistance Dogs UK. The site owner would be responsible for identifying and promoting the specific locations and dates.
Page 34 Agenda Item 7 Appendix A
Questions on Part E
1 Do you support the Council in addressing these issues through a PSPO?
YES/NO
If NO, why not?
2 Do you support the proposed controls to prohibit dogs “off lead” in specific locations at appropriate times of year?
YES/NO
If NO, why not?
3 Do you support the proposed controls to require a person to place their dogs on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer?
YES/NO
If NO, why not?
Page 35 Agenda Item 7 Appendix A
Part F – High Tide Roosting Sites
North Devon Council is aware that a significant proportion of the community take enjoyment from watching the diverse range of birds which nest on certain sites in the district. These sites are in both public and private ownership.
The presence of dogs off lead in such areas discourages future nesting and has the potential therefore to directly limit the ability of this group of the community to enjoy this activity.
The Council is aware that Non-Government Organisations and local lobbyists have concerns about the impact of dogs off lead on the future existence of these breeding sites.
North Devon Council believes that regulatory controls should be considered as a result of:
(i) The current level of regulatory activity.
(ii) The observations of our Neighbourhood Wardens who patrol the district.
(iii) The concerns of Non-Government Organisations and Local Lobbyists stated above.
North Devon Council wishes to consult therefore on the following plan to ensure that the presence of dogs does not interfere with the enjoyment of other users of the trail.
1 To prohibit the presence of dogs in the locations identified in Figure 1 at appropriate times of the year.
2 To issue FPNs’ of £100 to people who walk or exercise their dogs ‘off lead’ in these areas during these times.
3 To require a person to place their dog(s) on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer.
4 To issue FPNs’ of £100 to people who do not place their dog on a lead of 2.0m length or less when directed by a delegated person / Officer.
5 To increase the efficiency and effectiveness of enforcing this provision by giving delegated authority to approved third parties to issue FPNs’.
The site owner will be responsible for identifying and promoting relevant dates and this will include the provision of the associated signage.
Page 36 Agenda Item 7 Appendix A
The above controls will not apply to people who are blind or partially sighted and have an assistance dog registered with a member organisation of Assistance Dogs UK.
Figure 1 – High Tide Roosting Sites in North Devon District
Page 37 Agenda Item 7 Appendix A
Questions on Part F
1 Do you support the Council in addressing these issues through a PSPO?
YES/NO
If NO, why not?
2 Do you support the proposed controls to prohibit the presence of dogs in the locations identified in Figure 1 at appropriate times of the year ?
YES/NO
If NO, why not?
3 Do you support the proposed controls to require a person to place their dogs on a lead of 2.0m length or less, as directed by a suitably delegated person / Officer ?
YES/NO
If NO, why not?
Page 38 Agenda Item 8
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY & RESOURCES Date: 1 June 2020 TOPIC: DEVON DISTRICTS PROCUREMENT STRATEGY
REPORT BY: PROJECT, PROCUREMENT & OPEN SPACE OFFICER
1 INTRODUCTION
1.1 This report seeks approval to adopt the Devon District Procurement Strategy (DDPS 2019-2022), with an aim of working towards the themes, actions and outcomes set out within the strategy.
1.2 The Public Contracts Regulations 2015 provide the legislative requirements for public sector procurement. The Councils Contract Procedure Rules set out the internal rules and regulations for procurement.
1.3 This strategy targets specific areas to focus on over a 3 year period.
2 RECOMMENDATIONS
2.1 That Strategy and Resources recommends that Council adopt the Devon District Procurement Strategy.
3 REASONS FOR RECOMMENDATIONS
3.1 To further embed a corporate approach to procurement within the Council.
3.2 To enhance the collaboration opportunities available through this joint approach to procurement.
4 REPORT
4.1 The Devon District Procurement Authorities (DDPA) of Exeter City Council, Mid- Devon District Council, North Devon District Council, South Hams District Council, Teignbridge District Council, Torridge District Council and West Devon Borough Council have been working collaboratively to draft the third iteration of a joint DDPS.
4.2 In 2018 the Local Government Association (LGA) published the second version of the National Procurement Strategy (NPS) which built on councils’ achievements under the previous Strategy.
Page 39 Agenda Item 8
4.3 Some Councils have assessed their own progress under that strategy. The new DDPS seeks to align with the identified themes of the NPS 2018, which have been identified as a priority by the DDPA.
4.4 The themes contained within the DDPS are:
Contract Management Social Value Engagement with SME’s and local businesses Behaving Commercially 4.5 The DDPA have included and an action plan, which breaks each of the headings down into actions and outcomes for the period of the strategy.
4.6 Each council is responsible for implementing and monitoring their own outcomes. Progress against the action plan will be reviewed by the DDPA. It is the intention that as new actions and outcomes are identified, they will be added to the action plan as part of an annual review.
5 RESOURCE IMPLICATIONS
5.1 The Strategy, on the whole, sets out work that is already being undertaken.
6 EQUALITIES ASSESSMENT
6.1 None identified.
7 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3, Annexe 1 Delegated
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers. Author: L. Wheeler Date: February 2020 Reference: I:\Projects\Corporate Procurement\Strategy\Report to S&R.docx
Page 40 Agenda Item 8 Appendix A Devon Districts Procurement Strategy
2019-2022
1 Page 41 Agenda Item 8 Appendix A
CONTENTS
Introduction
Background
Outcomes
Action Plan
Contacts
2 Page 42 Agenda Item 8 Appendix A
Introduction
This is the third iteration of the Devon District Procurement Strategy. The strategy sets out our vision and our priorities for the next four years to 2022 incorporating the latest government procurement legislation and initiatives. We aim to provide quality services that are responsive to the needs of our communities and deliver optimum value for money.
The strategy sets out how we aim to achieve this over the longer term and includes an action plan for the forthcoming year which will be regularly reviewed and a new action plan produced each year.
By taking a collaborative approach we can improve the quality of the goods, services and works which we purchase whilst still seeking to achieve value for money and make the savings necessary to support the austerity measures.
The Devon Districts who will be adopting this strategy are:
Exeter City Council Mid Devon District Council North Devon District Council South Hams District Council Teignbridge District Council Torridge District Council West Devon Borough Council.
It is the intention of the majority of Districts that this will be the sole procurement strategy for their council.
What is procurement?
Procurement is concerned with securing goods, works and services. The process spans the whole cycle, from identification of needs through to the end of a service or the end of the useful life of an asset and its disposal. It is concerned with securing goods and services that best meet the needs of users and the local community in order to help achieve our key priorities. It supports the commissioning of services and supports work on developing markets where appropriate.
Benefits of Procurement
The status and importance of procurement in the public sector continues to grow and there is increasing pressure to improve procurement performance for a number of reasons.
Most importantly:
procurement has a critical role to play in delivering strategic objectives and improving the quality of services delivered to the public savings realised through improved procurement can be channelled into priority services or reducing each partners net capital and/or revenue expenditure local authorities are open to legal challenge under public procurement regulations (based on EU directives) and are accountable for achieving value for money.
3 Page 43 Agenda Item 8 Appendix A
Local government is under increasing pressure to deliver services in the face of reduced funding from central government. Effective procurement is one of the key ways to achieve “more with less”
Background
The Local Government Association (LGA) published the National Procurement Strategy (NPS) in 2018. The NPS builds on councils’ achievements under the National Procurement Strategy for Local Government in England 2014 – the first strategy developed by and for English councils.
In 2018 councils assessed their own progress under that strategy. This District strategy seeks to align with those themes which have been set out within the NPS 2018 and which have been identified as a priority by the Districts.
In addition, the economic environment, both nationally and locally, continues to require us to focus on obtaining value for money and ‘doing more for less’. Therefore, it is the intention that this strategy supports the achievement of the Corporate Objectives of each District authority.
Although this strategy is specific to the District authorities, they will continue to work collaboratively with other members of the Devon & Cornwall Procurement Partnership to maximise the benefits of all partners spend with external suppliers.
The Districts will also continue to support the work of the South West Procurement Board which provides a representative group of Partner Organisations (local authorities and public bodies) to support delivery and provide a forum for supporting collaboration at a regional and sub-regional level.
Devon & South West Cornwall procurement Procurement Board Partnershp
National Corporate Procurement Objectives Devon Districts Strategy Procurement Strategy 2019-2022
4 Page 44 Agenda Item 8 Appendix A
Spend Analysis
In the financial year 2018-19 the District authorities (named above) spend over £131 million a year buying goods, works and services.
Analysis of each District’s spend reflects the percentage which is spent locally within that District’s geographic boundary.
Authority Total Spend per Local Spend per Percentage of annum annum local spend Exeter City Council £45m £12m 26% Mid Devon District £21.6m £2.9m 14% Council North Devon Council £11.1m £4.1m 37% South Hams District £14.4m £3.8m 26% Council Teignbridge District £21.4m £2.4m 11% Council Torridge District £10.77m £4.25m 39% Council West Devon Borough £7.2m £240k 2% Council
5 Page 45 Agenda Item 8 Appendix A
Outcomes
From the 2018 assessment the District authorities have identified three key areas for improvement and in addition to these themes the District Authorities have identified a number of authority specific objectives. As a result the following topics will be the focus of this strategy:
Contract Management
This will cover the following key areas identified in the NPS 2018:
Engaging Strategic Suppliers - refers to the process of identifying strategic suppliers and engaging with them to improve performance, reduce cost, mitigate risk and harness innovation. Managing contracts and relationships - refers to the effective management and control of all contracts from their planned inception until their completion by the appointed contractor(s)
Sustainable Procurement
This will cover the following key area identified in the NPS 2018:
Obtaining social value - refers to wider financial and non-financial impacts of programmes, organisations and interventions, including the wellbeing of individuals and communities, social capital and the environment.
Engagement with SMEs/VCSE
This will cover the following key areas identified in the NPS 2018:
Engaging local small medium enterprises (SMEs) and micro-businesses - SMEs play a major role in creating jobs and generating income for those on low incomes; they help foster economic growth, social stability, are a source of innovation and contribute to the development of a dynamic private sector. Enabling voluntary, community and social enterprise (VCSE) engagement - VCSE organisations can play a critical and integral role in health and social care, including as providers of services; advocates; and representing the voice of service users, patients and carers.
Central government has a target of 33% of all contracts to be delivered or sub-contracted to SMEs by 2020.
6 Page 46 Agenda Item 8 Appendix A
DDPS 2019-2022 Action Plan
The action plan is divided into four priorities and will be updated annually to reflect progress and emerging priorities and new objectives:
high –these tasks, some of which require immediate action, should all be achieved within six to nine months of the launch of the strategy. medium – to be achieved within two years low –to be completed within the four year period of the plan, and annual / ongoing – reviewed annually or ongoing continuous process
Progress by the Districts against the Action Plan will be reviewed quarterly by the Devon District Procurement Group (DDPG).
Contract Management
Contract management is concerned with the continuous review and management of the contractual terms and / or service level agreement secured through the procurement process to ensure the outcomes agreed are actually delivered by suppliers or partners.
Managing the contracts and relationships is imperative to ensure that: • the strategic priorities agreed at the outset are delivered in a cost effective and timely manner • non-compliance or variation is identified early for escalation and resolution • risks and costs are managed • reviews are undertaken and lessons learnt inform the commissioning and procurement process to ensure continuous improvement
Outcome Actions Priority
Guidance and toolkit in place, however Med South West Procurement Board (SWPB) working on regional guidance and toolkit
CM guidance & toolkit Senior leadership adoption of CM Med guidance and toolkit
Roll out of CM guidance and toolkit across Med the organisation
Contract management Consider requirement of each organisation Med training for all key staff and where applicable provide/arrange responsible for CM contract management training for key stakeholders
Performance indicators Provide guidance and examples in Low and measures included in procurement guidance and/or specification all tenders. template
7 Page 47 Agenda Item 8 Appendix A
Establish methodology for Incorporated in toolkit Low reporting on strategic/ key contracts where appropriate and include in toolkit
8 Page 48 Agenda Item 8 Appendix A
Sustainable Procurement
In line with our commitment to delivering The Public Services (Social Value) Act 2012 and our own sustainable procurement policies we will make consideration of social value and sustainability in all tender processes, which will be defined by the corporate priorities of each District authority. The DDPA will use this definition to promote the positive social, economic and environmental benefits from the goods, works and services we purchase whilst also minimising any adverse impacts.
Outcome Actions Priority
Adopt National TOMs Include guidance and examples in Med (Themes, Outcomes and standard procurement guidance and/or Measures) Framework tender templates 2019 for social value measurement
Adopt Sustainability Include guidance and examples in High Assessment matrix standard procurement guidance and/or tender templates
All tenders include Include social value criteria in all tenders. Med minimum 5% weighting on social value
All tenders include Include social value criteria in all tenders. Med minimum 5% weighting on sustainability
9 Page 49 Agenda Item 8 Appendix A
Engaging with SMEs and Local Businesses
The District authorities will maximise opportunities for local Small, Medium Enterprises (SME’s), voluntary and community sector organisations and social enterprises to become our suppliers.
Outcome Actions Priority
Widen the advertising of contract Low opportunities through such means as the Councils communication networks and social media
Improve engagement with SMEs and local business Increase/ maintain percentage of local Annual suppliers delivering our contracts
Continue to support and attend annual Annual Meet the Buyer event
10 Page 50 Agenda Item 8 Appendix A
Behaving Commercially
Procurement will support the realisation of income generation through the creation of commercial activities, exploitation of co-operative and collaborative working and encourage innovation through its tendering practices.
Outcome Actions Priority
Commercial Endorsement Include criteria in business case for Medium for all new tender activity commercial elements/activity to be considered
Pre procurement Provide guidance and examples of soft Low engagement guidance market testing / pre-procurement engagement to inform procurement activity and supply chain engagement
Innovation in provision of Encourage innovation in all tender activity Low goods, works and services and provide guidance to stakeholders.
11 Page 51 Agenda Item 8 Appendix A
Approved in 2019 by:
Contacts
For more information about this strategy or procurement in general, please contact:
District authority Contact Tel Email name Exeter City Council Chanelle 01392 [email protected] Busby 265262
Mid Devon District Christopher 01884 [email protected] Council Davey 234228
North Devon Council Lucy 01271 [email protected] Wheeler 388433
South Hams & Rosanna 01626 [email protected] Teignbridge District Wilson 215120 Councils & West Devon Borough Council Torridge District Luan 01237 [email protected] Council Stapley 428741
12 Page 52 Agenda Item 9
Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCE COMMITTEE Date: 6th June 2020 TOPIC: DEVON HOME CHOICE & LOCAL LETTINGS POLICIES
REPORT BY: TRUDY ROBINSON, SENIOR HOUSING NEEDS OFFICER
1 INTRODUCTION
1.1 This report seeks to obtain delegated authority for Officers to agree Local Lettings Policies as set out and in accordance with Devon Home Choice (DHC) Policy and Procedures.
2 RECOMMENDATIONS
2.1 The Strategy and Resources Committee approve delegated authority to the Head of Environmental and Housing Services to agree Local Lettings Policies with Registered Providers, as set out and in accordance with Devon Home Choice Policy and Procedures.
3 REASONS FOR RECOMMENDATIONS
3.1 To allow Officers to take decisions as set out in the Devon Home Choice Policy and Procedures
4 REPORT
4.1 Devon Home Choice (DHC) is a Devon wide scheme enabling one point of access and advertising for all affordable housing for rent.
4.2 The scheme is a partnership of all Devon Local Authorities and Registered Providers (Housing Associations), operating one policy.
4.3 DHC Policy and Procedures are managed, monitored and reviewed by a Management Board and an advisory Operational Group, with appropriate representative membership on both.
4.4 DHC Policy and Procedures allow for Local Lettings Policies/Plans (LLPs) to be applied to:
Create a balanced community on a new housing scheme
Page 53 Agenda Item 9
Create the opportunity to release high need properties when allocating new scheme properties
Manage the mix of household types, for example to manage child density in flats
To manage issues within an established community, where action is required to assist the community reach sustainability.
4.5 DHC Policy and Procedures state a decision to develop and implement a LLP will be made by the DHC partners involved, including the local authority’s housing department.
4.6 DHC Policy requires LLPs to be compatible with the aims of meeting housing need in Devon and should not lead to vulnerable households being disadvantaged and should lead to increased tenancy sustainability.
4.7 LLPs are made available to view on the DHC website.
4.8 The majority of all other Devon Local Authority housing departments, with the exception of North Devon Council and Mid Devon Council (no response from Torridge District Council), have delegated authority to their Devon Home Choice Housing Officers to agree LLPs.
4.9 All other decision making, in accordance with the DHC Policy and Procedure, is already delegated to the appropriate NDC Housing Officers.
4.10 This report seeks to ensure consistency regarding decision making as set out in the DHC Policy and Procedures.
4.11 This report seeks to obtain delegated authority to appropriate Officers to agree LLPs in accordance with DHC Policy and Procedures.
5 RESOURCE IMPLICATIONS
5.1 None
6 EQUALITIES ASSESSMENT
6.1 An Equality Impact Assessment has been produced and published.
7 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3, Annex 1(h) Delegated
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
Page 54 Agenda Item 9
9 BACKGROUND PAPERS
9.1 The following background papers were used in the preparation of this report:
o Devon Home Choice Policy and Procedures – available at https://www.devonhomechoice.com/useful-information- 0#Policy_Procedures The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers.
Author: Mrs T Robinson Date: 18.5.20 Reference:
Page 55 This page is intentionally left blank Agenda Item 10
Open/ NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES Date: 1ST JUNE 2020 TOPIC: GLASS COLLECTION AND RECYCLING
REPORT BY: CHIEF EXECUTIVE
1 INTRODUCTION
1.1 At present the residents of North Devon are asked to place glass for recycling with plastic and tins in a large plastic box.
1.2 These materials are then sorted and separated by the Council’s employees at the curb side.
1.3 A recent trial has been undertaken in Yelland where two boxes have been issued, one for glass and one for plastic and tins.
1.4 This report seeks approval to roll that arrangement out across the District.
2 RECOMMENDATIONS
2.1 That Committee approve the roll out of a separate glass container receptacle across the District and approve a revenue budget of £92,000 to be funded from the Strategic Contingency Reserve.
2.2 That Committee approve a waiver of the Council’s Contract Procedure rules to allow a direct award if financially beneficial.
3 REASONS FOR RECOMMENDATIONS
3.1 To benefit as much as possible from the successful trial as set out below.
4 REPORT
4.1 As part of the ongoing review of processes within the Council, a review of the issues around missed collections was undertaken. The review involved engaging with employees directly providing the service to ascertain what changes they thought could be introduced in order to reduce missed collections.
4.2 One idea that was raised was to try to encourage the public to separate glass from plastic and tins. The employees felt that this would speed up the efficiency of the rounds and would also cut down on injuries to the workforce caused by broken glass.
Page 57 Agenda Item 10
4.3 It was agreed that a trial would take place and a round was chosen. The initial trial was with a bag used for plastic and tins with the glass being placed in the box. Whilst popular with the public, this arrangement was not suitable for the crews as the bags did not enable the materials to be pushed to the back of the stillage on the truck.
4.4 As a consequence, a further trial using a second plastic box started on the 23rd March and is continuing to date. So far the results have been very promising as rounds have been completing up to an hour earlier than before.
4.5 It has been difficult to quantify the financial advantage of this change as shortly after the trial started, Covid-19 lockdown commenced.
4.6 Since lockdown, the Council has been experiencing much higher amounts of waste being collected which, it is hoped, will reduce. Even in this current period however, the round is being completed much quicker.
4.7 Therefore even with such a short trial the results have been extremely positive not only from a crew efficiency perspective but also in terms of staff morale and mitigating health and safety concerns resulting from injuries caused by broken glass when sorting at the kerbside.
4.8 Because of the lockdown experience, the Council has encouraged the public across the District to adopt the same approach, using any spare cardboard boxes, buckets or bags etc. The take up has been good and has certainly helped the W&R team to perform very well during this crisis. It is difficult to give a direct comparison in missed collections as the Council suspended telephone calls for missed collections to enable it to concentrate on the community response, but online reporting has been available throughout. The number of missed collections has been well below average during the past 6-7 weeks and the amount of positive messaging for the W&R team would suggest that missed collections are currently not an issue.
4.9 As a result of the success of the trial, and building on the voluntary take up, the intention now is to roll this out across the District.
4.10 To enable that to happen, the recommendation is that additional boxes are purchased and provided to each household. These would be blue to differentiate from the existing boxes.
4.11 Officers have examined the normal procurement frameworks and have approached suppliers direct and it appears that a better price can be obtained through a direct award and so authority to depart from the normal procedure rules is requested if required.
RESOURCE IMPLICATIONS
4.12 The costs of rolling out additional boxes to the district are estimated to be £80,000, however a 15% contingency has been allowed. It is recommended that the overall budget of £92,000 will be funded from the Strategic Contingency Reserve. With committing this amount from the earmarked reserve will leave a balance in the fund of around £80,000.
Page 58 Agenda Item 10
4.13 As highlighted through the report there are significant manpower efficiencies that can be achieved from the separating of material; these efficiencies will provide a positive financial benefit to the Council either through manpower saving from knock- on effect agency hours and/or capacity to absorb future growth in housing growth that would normally require additional growth in the budget.
5 EQUALITY and HUMAN RIGHTS
5.1 No issues arise from simply considering this report.
6 CONSTITUTIONAL CONTEXT
Article and Appendix and Referred or A key paragraph paragraph delegated decision? power?
Referred
7 BACKGROUND PAPERS Background papers will be available for inspection and will be kept by the author of the report. 8 STATEMENT OF INTERNAL ADVICE
8.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Author: Ken Miles Date: 14th May 2020 Reference: Document1
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 1ST JUNE 2020 TOPIC: AIR QUALITY SUPPLEMENTARY PLANNING DOCUMENT
REPORT BY: HEAD OF PLACE
1 INTRODUCTION 1.1 Following adoption of the new North Devon and Torridge Local Plan (2011- 2031) (NDTLP) in October 2018, new Supplementary Planning Documents (SPDs) need to be prepared to reflect and supplement the new policies in the NDTLP. They will all be prepared jointly with Torridge DC. Some SPDs will replace previous documents to reflect new policy requirements, whilst others are new, being drafted to supplement the new policies in the NDTLP. 1.2 The first three new SPDs were prepared to supplement the NDTLP and were published for public consultation between 26th September and 8th November 2019. The Rural Workers’ Dwellings SPD and the Leadengate Design Guide SPD were adopted on 6th January 2020 at Strategy and Resources Committee. 1.3 The Air Quality SPD was published for consultation at the same time as these other draft documents. It can be viewed at: https://consult.torridge.gov.uk/portal/. 1.4 A summary of responses received to the Air Quality SPD, together with consideration of the issues raised and proposed amendments arising, is set out in the attached schedule of comments (appendix A). The amended version of this SPD incorporating the proposed amendments is attached (appendix B). 1.5 The Air Quality SPD will also need to be formally adopted by Torridge DC. 2 RECOMMENDATIONS 2.1 That the amended SPD set out in appendix B is formally adopted as a supplementary planning document and is treated as a material consideration in determining relevant planning applications. 3 REASONS FOR RECOMMENDATIONS
3.1 To consider consultation responses received prior to formally adopting the SPD.
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4 REPORT 4.1 Supplementary Planning Documents provide additional detail for relevant policies in the NDTLP in order to provide guidance for developers and local communities as to how policies will be interpreted and what is required to satisfy policy requirements. Once adopted the SPD will become a material consideration in planning decisions and planning appeals and will be used by the Councils in decision making when considering relevant forms of development. SPDs will also assist with the policies being applied consistently. 4.2 This SPD supplements a number of policies the most relevant of which are DM02: Environmental Protection, ST03: Adapting to Climate Change and Strengthening Resilience, as well as BRA: Spatial Development Strategy for Braunton and Wrafton. 4.3 Whilst SPDs supplement policies within the NDTLP, they cannot create new policies. A total of 57 representations were received from 8 separate respondents in response to this draft SPD. 4.4 Of the 57 comments submitted, 29 comments indicated support, agreeing with the proposed approach. A further two comments indicated support subject to an amendment to the SPD, with 13 comments stating an objection. A further 10 comments were of a general nature and 3 were clearly unrelated to the draft SPD. The responses raised several main issues: (a) Significant changes in national policy during 2019 since the SPD was first drafted including publication of Defra’s Clean Air Strategy and changes to planning Practice Guidance. The national policy guidance section has been updated. (b) A response from Natural England indicating that the scope of the SPD should be extended to address air quality issues arising from ammonia in the agricultural sector, in order to help deliver reduced emissions from farming, as set out in Defra’s Clean Air Strategy. A new section has been added. (c) Clarification how and when any submitted Air Quality Impact Assessment (AQIA) will be considered and where such air quality annual status reports are available. Details have been added. 4.5 The SPD was scheduled to be considered by the joint local plan working group on 17th March 2020, although this meeting was cancelled. It was originally scheduled to be considered by strategy and Resources committee on 6th April 2020.
5 RESOURCE IMPLICATIONS
5.1 The cost of adopting this draft SPD, including its publication on the Councils’ websites can be met within existing resources.
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6 EQUALITY and HUMAN RIGHTS
6.1 The policies within the NDTLP were assessed previously in terms of equality issues and there were not considered to be any significant human rights, equality and/or diversity implications arising from the policies within the NDTLP.
6.2 Addressing existing air quality issues and preventing further air quality problems from arising is for the benefit of all people (residents and visitors) in the relevant areas. The main benefits will be for those with respiratory health issues (which is most likely to represent the elderly) and those on foot regularly (which is most likely to include young people and the elderly). There are not considered to be any negative equality impacts arising.
7 CONSTITUTIONAL CONTEXT
Article and Appendix and Referred or A key In the paragraph paragraph delegated decision? Forward power? Plan?
Part 3, Annexe 1.1 Referred No Yes
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential material under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The following background papers have been used in the preparation of this report:- North Devon and Torridge Local Plan 2011–2031 (adopted October 2018) National Planning Policy Framework (February 2019) Clean Air Strategy (DEFRA, 2019)
9.2 Background papers will be available for inspection and will be kept by the author of this report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Lead Member for Economic Development and Strategic Planning Policy: Cllr Malcolm Prowse Author: Andrew Austen (Lead Officer Planning Policy) Date: 10 March 2020 Reference: S&R – 1 June 2020 (AQ SPD)
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APPENDICES A – Air Quality SPD – summary of responses B – Air Quality SPD – incorporating amendments
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Consultation Responses Air Quality – draft supplementary planning document
Paragraph Summary of key Issues Consultee ID (aq)
Introduction 1.1 There is plenty of scientific evidence that poor air quality causes 4 various illnesses and even kills. Councils have a responsibility to protect their citizens. 1.1 It is scientifically proven that poor air quality kills, and councils should 6 do all in their power to ensure air quality is good. 1.2 Councils must act responsibly, monitor air quality and take 5 appropriate measures to ensure air quality is so good that it will not harm the health of citizens or of ecosystems. 1.3 Councils must regularly test air quality and promptly put in place 15 measures to ensure the quality is so good that it promotes health. 1.4 I support the first two sentences, but worry about the third. Too 8 often economic considerations are prioritised, and building is allowed because it is believed to stimulate the local economy or, more often because government policy forces it on local councils who probably know better. Too much building is taking place affecting air quality, causing flooding, destroying agricultural land where we should be growing food locally to reduce transportation. Too many houses in North Devon have become second homes or holiday lets, thus promoting further building to house locals. Holiday-makers should not be allowed to take up whole houses while on holiday. The building of large supermarkets out of town should be halted and reversed - it encourages car use and kills town centres. 1.5 Adequate and satisfactory mitigation measures have certainly been 7 known for many years to be required in Braunton, but few measures have been taken and none of them satisfactory. Policy Overview Section 2 No reference is made to or consideration of UK Government’s Clean 45 (Love Air Strategy January 2019 or Defra’s Local Air Quality Management Braunton) Policy Guidance PG16. 2.1 Support 16 2.3 Agree that North Devon and Torridge Local Plan 2011 – 2031 does 46 (Love make statements that recognise the importance of air quality. Its Braunton) policies are less explicit. It is the absence of technical detail that this SPD should be addressing. It should be providing guidance as to what constitutes excellent air quality and how it can be built into developments so as to benefit those who live in northern Devon be it urban or rural environment. 2.5 Public health should be paramount, so the planning system must 9 guarantee good air quality. Policy DM02: The draft only makes reference to that part of the policy 47 (Love that addresses Air Quality Management Areas and Action Plans. Policy Braunton) DM02 is in respect of Environmental Protection and its Clause 2 addresses Pollution. Clause 2 part a) of this policy should be added " Development will be supported where it does not result in unacceptable impacts to a) atmospheric pollution by gas or particulates, including fumes, dust, grit, smoke and soot:".
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2.6 A bit vague, but yes, development and traffic proposals must be 10 conducive to good air quality and thus to health. This has not been the case so far. 2.7 Support 11 2.7 Development should be kept to a minimum. Councils should build 14 houses for locals to rent. All new houses should be passiv houses. Second homes and holiday lets should be banned. Agricultural land should be protected and farmers encouraged and supported to grow as much food locally as possible to reduce the need of polluting transportation and to stimulate the economy. Roadbuilding should be halted. No building on the flood plain. Tarmacking and concreting, which add to global warming by reflecting the sun's rays instead of absorbing them, should also be kept to a minimum. Use of fossil fuels should be discouraged. Public transport and the use of electric vehicles and bicycles should be promoted. Organic, mixed farming on small, hedged fields should be encouraged. 2.8 Support 40 2.8 Policy BRA: This is a very high level statement. Braunton has an air 48 (Love quality issue already as evidenced by its AQMA referred to in Braunton) paragraph 1.3 of the draft SPD. The draft also needs to acknowledge the potential cumulative impacts of policies BRA01, BRA02 and BRA02A (572 dwellings) on the local environment in terms of emissions (households and traffic) together with traffic movements. 2.8 Other policies that are currently omitted from the draft but should be 49 (Love included are: Policy ST02 Mitigating Climate Change: Development Braunton) will be expected to make a positive contribution towards the social, economic and environmental sustainability of northern Devon and its communities while minimising its environmental footprint by a) reducing greenhouse emissions by locating development appropriately and achieving high standards of design: Policy ST04 Improving the Quality of Design - NDTLP text paras 3.31 and 3.33 in respect of street design and reducing impact of vehicles on residential streets Policy ST05 Sustainable Construction and Buildings – NDTLP text paras 3.34 – 3.37 in respect of carbon dioxide levels and fuel poverty Policy ST16 Delivering Renewable Energy and Heat – NDTLP text para 6.21 states new development should incorporate sustainable design and construction principles to minimise carbon dioxide emissions during construction and throughout the lifetime of the development as set out in Policy ST05 Policy DM04 Design Principles – NDTLP text refers Design Council’s Build for Life as an evaluation tool against which all proposals will be evaluated including "Does the development have any features that reduce its environmental impact?" National Planning Policy Framework’s Environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy. 2.9 Support 13
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When an AQIA is required Section 3 Section 3 references IAQM document Land – Use Planning and 50 (Love Development Control: Planning for Air Quality and acknowledges that Braunton) Table 1 in the SPD is derived from an IAQM table. The IAQM document addresses more than a development generating additional traffic movements; it emphasises that all development should incorporate good principles of design with regard to minimising emissions and the reduction of impacts on local air quality. 3.1 Support 17 3.2 The SPD is too general in its description of when a formal AQ 57 (Braunton assessment will be required. A specific set of criteria (eg Neighbourhood developments of >10 units) must be incorporated into the SPD. The Plan Steering SPD does not clarify how ‘significance’ of impact will be assessed. This Group) must be clarified - and a scale of impact developed as part of this policy. 3.2 Support 18 3.3 Support 19 3.4 Support 20 3.6 8 traffic flows per dwelling seems to be an underestimate. 21 3.6 Para 3.6 the proposed dwelling trigger number should be the same as 51 (Love the current definition of a major development which is 10 dwellings. Braunton) 3.11 Developments can have a deleterious impact on other towns and 22 villages, as residents of one settlement pass through others on their way to and from work, the shops, places of leisure activity, etc. 3.13 Support 23 3.14 Support 24 3.16 Potential adverse impacts on air quality should always be avoided. 25 3.17 In case of a potential air quality issue, planning permission should not 26 be granted. 3.18 Support 27 3.19 Support 28 3.20 Support 29 3.21 Support 30 What an AQIA should include 4.5 Support 31 4.8 Support 32 4.9 Support 33 How adverse impacts can be avoided, minimised or mitigated 5.1 Adverse impacts should not be permitted. 34 5.2 Do everything possible to reduce car use and the use of road freight 35 transport. Encourage the use of public transport and, for freight, the use of railways and canals. Encourage local production to reduce transportation. 5.3 Support 36 5.4 Am worried about mitigation measures and CIL, which could lead to 37 complacency and increased pollution and the risk of developers bribing cash-strapped councils. Designated AQMA Section 6 Section 6 specifically addresses the Designated AQMA in Braunton. 53 (Love The section should describe how an AQMA will be established, what Braunton)
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improvement/ remedial actions will be required and the priority it is given in funding required to resolve. 6.2 Despite identifying measures that would reduce air pollution, precious 38 little seems actually to have been done and air quality has deteriorated. 6.5 Para 6.5 is correct in respect of the AQMA being a relatively small 54 (Love area, but the SPD does not acknowledge Braunton village centre’s Braunton) geographic location. It is on what is now a significant crossroads for traffic generated by the increased development of Braunton, Croyde and Ilfracombe. Consideration needs to be given to how the impact of future developments in these areas will impact Braunton’s AQMA. 6.5 The SPD does not take sufficient regard of the effects on air quality 43 (Braunton within the Braunton AQMA of developments elsewhere - specifically Neighbourhood the planned development in Ilfracombe and any potential Plan Steering development in Croyde/Georgeham/Woolacombe. The majority of Group) traffic associated with all these developments will pass through the AQMA and the requirement to consider this impact should be formally incorporated into this policy. The SPD does not incorporate consideration of all the factors that shape or determine air quality. It only deals with the air quality effects of vehicle emissions, and is silent on the issue of domestic fuel and local agricultural practices. Consideration of these issues should be formally incorporated into the policy. 6.5 The AQMA covers too small an area. Love Braunton's monitoring 39 shows that air quality is poor in many (probably all) parts of Braunton. Admittedly there are peaks and troughs, depending on traffic and other events, e.g. agricultural activity. General General Air quality is known to be very poor in Braunton. Unfortunately, 3 North Devon District Council submitted flawed data to Defra which implied air quality was better than it in fact is. Braunton Parish Council's data was more accurate but was not submitted to Defra. Perhaps as a result measures proposed by Devon County Council are very inadequate. There is fear that Braunton may lose its AQMA status and will have even less chance of adequate measures to address the problem. Drastic measures need to be taken to protect the health of Braunton residents. General Have found this document extremely difficult to cope with. I find that 12 my comments have been out of sync, because I've assumed that comments came after the section, but they seem to precede it, in which case it's impossible to read the section one is trying to comment on. General The Council fully supports the draft Air Quality SPD as it will positively 42 (Braunton PC) impact Braunton which currently has a declared Air Quality Management Area (AQMA). General As currently drafted the SPD is very narrow in its provision of 44 (Love guidance. Its content focuses solely on the impact of traffic, traffic Braunton) growth/movements expedited by planned developments and the measurement/ impact of nitrogen oxide and nitrogen dioxide (NO x ). It does not address other causes of air pollution or look to how to achieve/maintain overall air quality across northern Devon. A major
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omission is that there is no specific reference to national air quality objectives, limits or target values for air pollutants. The SPD makes no reference to Councils' own monitoring activities of air quality or obligations in respect of UK Government legislation. UK Government Guidance Air Quality details what Planning should consider in respect of damaging pollutants. It lists 5 (including NOx) that should be considered in the planning process and so should be addressed by this SPD. General Sections 3 – 5: these sections need to be expanded on and could 52 (Love usefully draw further upon guidance given in the IAQM document and Braunton) exemplar SPDs posted on the Defra Air Quality site. A large gap in the SPD is the principle of recording air quality measurements and targets pre, during and post development activity based on principle of improvement of the environment. General We recommend that the scope of the SPD is expanded to include 55 (Natural guidance on addressing air quality issues arising from agricultural England) development. It would be useful if the SPD could indicate the type of agricultural activities/projects that are likely to require planning permission and those that are likely to require assessment of air quality impacts. Guidance on the steps to be taken in assessing impacts/mitigation measures would be useful together with information on relevant calculation tools such as the ‘Simple Calculation of Atmospheric Impact Limits (SCAIL)’ tool. This is a suite of screening tools for assessing the impact from agricultural and combustion sources on semi-natural areas like SACs and SSSIs. We also suggest that the SPD provides a link to the Government’s Clean Air Strategy. General 87% of ammonia is produced by the agricultural sector with dairy, 56 (Natural beef, pig and poultry being the major contributors. Ammonia is England) emitted during housing, storage and spreading of manures and slurries and well as during application of inorganic fertilizers. Ammonia is harmful both to the natural environment and human health. Over 90% of protected sites in England receive amounts of ammonia that exceed critical loads which result in loss of biodiversity, acidification and increased susceptibility to frost and disease. In North Devon and Torridge there are very high background levels of ammonia with examples of international wildlife sites already at c. 150 - 300% of their Critical Loads (i.e. the levels of ammonia and loads of nitrogen deposition above which species will be lost and habitats damaged). As you are probably aware, North Devon and Torridge has a high concentration of dairy farms. Ammonia combines with other pollutants in urban areas such as sulphur dioxide and nitrogen oxides to produce particulates (PM2.5) which are harmful to human health. The UK has adopted legally-binding international targets to reduce emissions of ammonia by 2020 and 2030. The Clean Air Strategy was published in 2019 by DEFRA and states that regulations and financial assistance will be introduced to reduce emissions from housing, spreading of manures and application of fertilizers. DEFRA published the Code of Good Agricultural Practice for reducing Ammonia emissions in 2018 which outlines practical steps land managers can adopt to reduce emissions.
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Other Points General Winkleigh Parish Council resolved to respond that they received the 2 (Winkleigh PC) consultation, however, in the short timescale to respond they were unable to make any meaningful comment.
Comments received 1. A total of 57 comments were received in response to the consultation, provided by 8 respondents. Of the comments submitted, 3 were clearly unrelated to the draft SPD, otherwise 30 comments indicated support agreeing with the proposed approach, a further 2 comments indicated support subject to an amendment to the supplementary planning document (SPD), and only 13 comments stated an objection with 9 comments being of a more general nature.
Consideration of comments received 2. In considering the comments received, it is important to recognise that the SPD can only add further detail to the relevant North Devon and Torridge Local Plan (NDTLP) policies (DM02: Environmental Protection and ST03: Adapting to Climate Change and Strengthening Resilience, as well as BRA: Spatial Development Strategy for Braunton and Wrafton) to aid their use, both by applicants and the local planning authority in decision making. The SPD cannot alter the policy intent or add to its requirements.
3. The following provides an officer response on the above summarised points by each section of the SPD, as raised.
Introduction The supporting comments are welcomed. North Devon Council’s air quality action plan (AQAP) identifies a package of measures to achieve the 22% reduction in road NOx required in Braunton air quality management area (AQMA) (aq7, aq8). The first of these measures have started to be delivered but it is recognised that the required reductions of NOx have not yet been achieved and further cumulative actions are required. No change is recommended to this section of the SPD.
Policy Overview Again, the supporting comments are welcomed. It is agreed that one of the purposes for this SPD includes providing technical detail in addressing air quality (aq46).
During 2019 there has a change in national policy (aq45, aq55). It is considered appropriate to update the SPD to refer to this updated policy context: DEFRA’s Clean Air Strategy (2019); Changes to Planning Practice Guidance (Nov 2019); It is recommended that the national policy guidance section is updated to reflect this.
It is accepted that explicit reference should be added for Policy DM02 criterion (2a) for completeness rather than just criterion (3) (aq47). It is recommended that paragraph 2.5 is amended accordingly. Whilst the identified policies (paragraphs 2.5 to 2.8) are the most relevant, it is recognised that other policies in the Local Plan could affect air quality indirectly, such as policies relating to design, reducing the need to travel by car and greenhouse gas emissions (aq49). It is not
6 Page 70 Agenda Item 11 Appendix A necessary to list all of these policies to be listed in the SPD. However, it is recommended to amend paragraph 2.4 to indicate that only the most relevant policies have been identified.
The issues raised (aq14) are noted but extend beyond the scope of both the SPD and adopted North Devon and Torridge Local Plan. Any proposals to minimise development levels, for all homes to be passiv homes, to ban second homes and holiday lets and to halt road building cannot be addressed through this SPD. They would need to be addressed through a Local Plan review and/or changes in national policy guidance. Proposed levels of growth in Braunton and Wrafton up to 2031 are set out in the adopted Local Plan. Any future developments on these sites would need to comply with the policies and strategy in the Local Plan as a whole, which includes the objective of improving overall air quality and the guidance to be set out in this SPD. No further changes are recommended to this section of the SPD.
When an AQIA is required The range of supporting comments are welcomed. The IAQM does indeed refer to good principles of design for minimising emissions and reducing impacts of air quality (aq50), but its reference here is intended solely to identify when an AQIA is required using nationally prepared thresholds and guidance. It is also mentioned in section 4 as to what an AQIA should include. Whilst IAQM is nationally recognised, it does not form part of national policy so it is inappropriate to list it within national policy context.
The estimate of 8 daily traffic movements per dwelling came from the local highway authority based on their local evidence (aq21). The IAQM threshold is for 100 annual average daily traffic movements (table 1), which will be reached by schemes above 12 dwellings. Consequently the threshold of more than 12 residential units (paragraph 3.6) is derived from local evidence and is not related directly to whether it is a major development (aq51). There is already a threshold above which a formal AQAP is required (aq 57) although it is not explicit how and when the AQIA will be considered. It is recommended that clarification is added to indicate that any submitted AQIA incorporating proposed mitigation measures will be considered in determining the planning application for which it was submitted.
It is accepted that adverse impacts on air quality should be avoided (aq25). The purpose of this SPD is to identify which developments may have an adverse impact on air quality and then to avoid or mitigate that harm. Where developments are assessed as having a residual unacceptable impact on air quality then they would be contrary to the relevant policies, as informed by this SPD, which will be considered as part of determining these applications. No change is recommended to this section of the SPD. Also, paragraph 3.16 needs to be amended to insert a missing word – a precautionary approach to be taken.
What an AQIA should include All comments were supportive, which is welcomed.
How adverse impacts can be avoided, minimised or mitigated Adequate mitigation or avoidance is already required to address adverse impacts (aq34) so there is already adequate guidance to stop adverse impacts. The issues raised (aq35) to encourage use of
7 Page 71 Agenda Item 11 Appendix A public transport and local production are both supported but extend beyond the scope of both the SPD and adopted North Devon and Torridge Local Plan.
Section 5 sets out a cascade approach such that adverse impacts are first avoided, then minimised as much as possible, then mitigated. It is accepted that contributions should not be collected until potential impacts have been avoided or mitigated as much as possible. This SPD would not support financial contributions instead of following avoidance and mitigation measures. No changes are recommended to this section of the SPD.
Designated AQMA The measures in the AQAP have started to be delivered (aq38) but it is recognised that the required reductions of NOx have not yet been achieved and further cumulative actions are required. It is recognised that development outside of the designated AQMA may impact on air quality within the village centre (aq43, aq54). However, the SPD recognises this already with different thresholds for sites both within and adjoining an AQMA as well as for sites elsewhere. Developments larger than 62 units (net) would be likely to require an AQIA from anywhere across the plan area.
The need to declare an AQMA is set out in the Introduction (paragraph 1.2). However, how a new AQMA is declared could be clarified in this section (aq53). It is recommended to add a new paragraph at the start of this section.
General The support from Braunton PC (aq42) is welcome and noted. Where comments have been ‘out of sync’, coming after the section rather than preceding it (aq12), comments have been moved to the section to which they apply.
The data submitted to DEFRA is collated and analysed in accordance with the relevant technical guidance (aq3). It is not flawed and has been accepted by DEFRA. Current monitoring and reporting on air quality (aq44, aq52) is beyond the scope of this SPD, but the requirements of Local Air Quality Management (LAQM) process places an obligation on all local authorities to regularly review and assess air quality in their areas, and to determine whether or not the air quality objectives are likely to be achieved. It is recommended to add details to indicate where such air quality annual status reports are available.
The scope of the SPD is perceived to be too narrow (aq43, aq44, aq55) focusing on pollution from vehicle emissions. The SPD already covers pollution arising from demolition and construction works but does not address Natural England’s comments (aq 55, aq56) in relation to ammonia produced by the agricultural sector. Action to reduce emissions from farming is included within DEFRA’s Clean Air Strategy 2019, which focuses on ammonia emissions. It is considered that this sector is missing from the SPD and should be included. It is recommended that a new section is added to address air quality issues arising from ammonia in the agricultural sector, together with additional terms included in the glossary.
Other Points The final 3 comments are not considered to relate directly to the wording in this SPD.
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Conclusion 4. The majority of comments (74%) received in response to the consultation on the draft Air Quality SPD are supportive or neutral comments, with only 23% being stated as an objection, although 4% indicated support subject to proposed revisions to the SPD.
In response to the comments received, it is recommended that the amendments below are made to the draft Air Quality SPD. The basis for the proposed changes are to add clarification, completeness and certainly to the guidance provided; they do not vary the policy requirements set out in the related polices of the NDTLP.
Recommendation 5. It is recommended that the Local Plan Working Group agree the following changes to the draft Air Quality Supplementary Planning Document and endorse the document for consideration at North Devon Council’s Strategy and Resources Committee and Torridge Council’s Community and Resources Committee.
I. Add new sentence at the end of paragraph 2.4: The NDTLP policies of most direct relevance to improving air quality are set out below:
II. Amend paragraph 2.5 with inclusion of criterion 2(a) of policy DM02: Development will be supported where it does not result in unacceptable impacts to: a. atmospheric pollution by gas or particulates, including smell, fumes, dust, grit, smoke and soot;
III. Add a new paragraph after 2.10: DEFRA published its Clean Air Strategy1 in 2019, which identifies air pollution as the top environmental risk to human health in the UK, making us more susceptible to other illnesses. The strategy recognises that air pollution can be caused not only by emissions from road transport and burning fossil fuels, but also by intensive agricultural food production and heating our homes. It sets out a range of practical actions to reduce emissions. Planning Practice Guidance was updated in November 2019 to provide guidance on assessing and addressing air quality from damaging air pollutants.
IV. Add new sentence at the end of paragraph 3.2: Any AQIA will become a material consideration to be considered as part of determining the planning application for which it was submitted.
V. Amend second sentence of paragraph 3.16: However, the Councils would expect a precautionary approach to be taken by following the mitigation hierarchy set out in paragraph 5.1
1 Clean Air Strategy 2019 (Defra, 2019) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770715/ clean-air-strategy-2019.pdf
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VI. Add a new paragraph after paragraph 5.4: The Councils publish air quality status reports annually on their websites.
VII. Amend section 6 by adding a new sentence prior to the Braunton subheading: Where Local Authorities identify an exceedance of the air quality objectives for any one of a number of identified pollutants where there is relevant public exposure, it has a statutory duty to declare an Air Quality Management Area.
VIII. Add a new section (7) entitled: Agricultural Development
Air quality is affected adversely by ammonia (NH3), which is harmful both to the natural environment and human health. 87% of ammonia2 is produced by the agricultural sector with dairy and beef contributing 48% of all agricultural emissions.
The UK has adopted legally binding international targets to reduce emissions of ammonia by 2020 and 2030. The Clean Air Strategy3 states that a combination of regulations, permitting and support will be introduced to reduce emissions from livestock accommodation, spreading of manures and application of fertilizers.
In North Devon and Torridge the levels of ammonia and rates of nitrogen deposition are above those considered to cause loss of species and habitat damage on sites such as Braunton Burrows and the Culm Grasslands.
Potential adverse impacts on air quality are most likely to arise from:
a) an agricultural building to house livestock (primarily beef and dairy cattle, pigs or poultry); and/or b) any new or expanded pit, tank or lagoon for storing slurry; and/or c) any anaerobic digester with combustion plant; and/or d) any anaerobic digester without combustion plant
Depending on the proposed proximity to either a European Protected Site or a Site of Special Scientific Interest, a planning application for the above may need to be accompanied by an Air Quality Impact Assessment (AQIA). This assessment must include, as a minimum, a Simple Calculation of Atmospheric Impact Limits (SCAIL) assessment. For a), b) and c) this applies only if they are within 10 kilometres of a European protected site or 5km of a Site of Special Scientific Interest, and for d) if they are within 500 metres of either.
If a SCAIL assessment is required with an application, Natural England should be consulted. A SCAIL assessment is not required for agricultural buildings to house primarily sheep or horses.
2 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778483/ Emissions_of_air_pollutants_1990_2017.pdf 3 Clean Air Strategy 2019 (Defra, 2019) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770715/ clean-air-strategy-2019.pdf
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If the SCAIL assessment indicates that the process contribution from the proposal will exceed the 4% screening threshold then appropriate mitigation measures should be identified, such as amending the siting or design of the development. If the SCAIL assessment does not exceed 4% then further mitigation is not required.
The SCAIL input and output files4 should be submitted to accompany the above listed types of planning applications, whether or not significant impacts are identified. This will form part of the validation process for such planning applications.
IX. Amend Glossary by adding definitions for the following terms:
Local Air Quality Management (LAQM) : A requirement under Part IV of the 1995 Environment Act for all local authorities to review whether air quality standards and objectives are being met within their areas. When not being met, there is a duty to identify those parts of its area in which those standards are not being achieved.
Simple Calculation of Atmospheric Impact Limits (SCAIL) : An online screening tool that can estimate the potential effects of ammonia from agricultural development on semi- natural areas such as Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs) and can assess whether impact limits are likely to be exceeded.
4 Refer to SCAIL User Guide: http://www.scail.ceh.ac.uk/agriculture/Sniffer%20ER26_SCAIL- Agriculture%20USER%20GUIDE%20Final%20Issue%2011032014.pdf
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NORTH DEVON AND TORRIDGE LOCAL PLAN 2011-2031 Air Quality Supplementary Planning Document (SPD) Consultation Draft September 2019
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Agenda Item 11 Appendix B
v1 | September 2019
If you have any queries or questions relating to this document please get in touch using the details shown below: Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG
[email protected] [email protected]
01237 428700 01271 388288
All maps © Crown copyright and database rights 2019 Ordnance Survey 100021929 and 100022736 EUL. You are permitted to use this data solely to enable you to respond to, or interact with, the organisationPage 78 that provided you with the data. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form.
Agenda Item 11 AppendixContents B
i Foreword i
1 Introduction 1
2 A Policy Overview 2
3 When is an Air Quality Impact Assessment (AQIA) required? 5
4 What should an Air Quality Impact Assessment (AQIA) include? 10
5 How can potential adverse impacts be avoided, minimised or mitigated? 12
6 Designated Air Quality Management Areas 14
7 Agricultural Development 16
Appendices
Appendix 1: Glossary 17
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Air Quality SPD Agenda Item 11 Contents Appendix B
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Air Quality SPD Agenda Item 11 AppendixForeword B i
i Foreword
1 This supplementary planning document (SPD) sets out how North Devon and Torridge District Councils will consider the potential for new developments to affect air quality adversely, which types and scales of planning applications require an air quality impact assessment, and if so what an air quality impact assessment should include. The SPD provides additional detail to relevant policies contained in the North Devon and Torridge Local Plan 2011-2031 (NDTLP).
2 The SPD is provided to help applicants interpret and respond positively to the policy requirements established through NDTLP Policies DM02: Environmental Protection, ST03: Adapting to Climate Change and Strengthening Resilience and BRA(h): Spatial Development Strategy for Braunton and Wrafton. Advice is provided to support planning applications where operation and occupation of new development and/or demolition and construction during development may affect air quality adversely. The SPD will be used alongside the NDTLP in the decision making process when the Councils consider the referenced forms of development.
3 For clarity, while the NDTLP was framed to reflect national planning policy set out in the 2012 National Planning Policy Framework (NPPF), this SPD also looks to the provisions of the revised NPPF, which was effective in respect of decision making from the date of publication (19th February 2019).
4 This draft SPD was published for public consultation between 26th September 2019 to 8th November 2019. All duly made representations are available to view via the Councils’ Consultation Portal at: https://consult.torridge.gov.uk/portal ;
5 All representations received on time and relevant to this SPD were considered by North Devon and Torridge District Councils and, where considered necessary, the SPD was amended in response to representations received. The SPD was adopted by the respective Councils on ...., from when it will be used as guidance for the relevant NDTLP policies as part of the decision making process on relevant planning applications.
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Air Quality SPD i Agenda Item 11 i Foreword Appendix B
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ii Air Quality SPD Agenda Item 11 AppendixIntroduction B 1
1 Introduction
1.1 The quality of the air we breathe can have an effect on human health and quality of life. It can also impact upon local ecosystems and the area’s micro-climate.
1.2 There is an obligation on all local authorities under Part IV of the 1995 Environment Act to review regularly and assess air quality in their areas and to determine whether or not national air quality objectives are likely to be achieved. Where exceedances are considered likely, the local authority must declare an Air Quality Management Area (AQMA) and prepare an Air Quality Action Plan (AQAP) setting out the measures it intends to put in place in pursuit of required air quality improvements.
1.3 An AQMA and an AQAP were determined to be required for Braunton village centre and an AQMA was formally declared along Caen Street on 11 July 2011. Further details are set out in section 6 of this document. One of the measures identified within the AQAP is developing a supplementary planning document (SPD) regarding air quality. This document is a draft SPD towards fulfilling this objective. This is currently the only AQMA designated in North Devon and Torridge districts, although others could be designated in the future.
1.4 New developments have the potential to affect air quality adversely or be affected by poor air quality. Air quality is capable of being a material consideration to be taken into account as part of the planning process in order to limit exposure and protect people from unacceptable risks to their health. However, it must be balanced against other aims of the planning system in order to deliver sustainable development and to achieve social, economic and environmental goals and meet other policy requirements.
1.5 As such, adequate and satisfactory mitigation measures will be required for situations where an air quality impact assessment indicates that development will result in an adverse impact upon air quality, whether within Braunton village centre or in any other locations across northern Devon.
1.6 This SPD is intended to clarify the process of assessing air quality and to provide transparent and consistent advice for applicants, the local community and the local planning authority where air quality needs to be addressed. It will also provide a means for assessing the adequacy of an air quality impact assessment.
1.7 Once adopted the SPD will be a material consideration in determining planning applications across North Devon and Torridge districts to supplement the quoted policies within the adopted Local Plan. As such it will be given significant weight in the decision making process in relation to air quality matters. Within Braunton, it should also be read in conjunction with the AQAP and previous annual status reports submitted to Defra and progress towards required air quality improvements.
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Air Quality SPD 1 Agenda Item 11 2 A Policy Overview Appendix B
2 A Policy Overview
2.1 The Planning and Compulsory Purchase Act 2004 at section 38(6) requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
2.2 In determining the acceptability of development proposals potentially affecting air quality, the starting point for both North Devon Council and Torridge District Council are the provisions contained in the adopted development plan; the principal relevant component in this case is the North Devon and Torridge Local Plan 2011-2031.
North Devon and Torridge Local Plan 2011-2031 (NDTLP)
2.3 The NDTLP was adopted by North Devon Council and Torridge District Council through resolution at meetings of their respective Full Councils on 29th October 2018.
2.4 The NDTLP recognises the importance of air quality to public health and wellbeing. It is important for the planning system to help improve air quality and minimise the exposure to poor air quality. The NDTLP policies of most direct relevance to improving air quality are set out below:
2.5 Policy DM02: Environmental Protection relating to the AQMA states:
“(2) Development will be supported where it does result in unacceptable impacts to:
(a) atmospheric pollution by gas or particulates, including smell, fumes, dust, grit, smoke and soot;
(3) Development and traffic proposals that help to deliver measures identified within a Local Air Quality Action Plan or improved overall air quality will be supported”.
2.6 Paragraph 13.21 goes on to state that: “The Councils will not support development where anticipated traffic generation would make air quality worse.”
2.7 Policy ST03: Adapting to Climate Change and Strengthening Resilience states:
“Development should be designed and constructed to take account of the impacts of climate change and minimise the risk to and vulnerability of people, land, infrastructure and property by:
(h) ensuring risks from potential climate change hazards, including pollutants (or air and land) are minimised to protect and promote healthy and safe environments.”
2.8 In addition, the Spatial Development Strategy for Braunton and Wrafton (Policy BRA) indicates that the spatial vision will be delivered through:
“(h) improved traffic management and improved air quality in the village centre”.
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2 Air Quality SPD Agenda Item 11 A PolicyAppendixOverview B 2
National Policy
These policy requirements are considered to be consistent with paragraph 181 of the National Planning Policy Framework (NPPF)(1):
“Planning policies and decisions should sustain and contribute towards compliance with relevant limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and Clean Air Zones, and the cumulative impacts from individual sites in local areas. Opportunities to improve air quality or mitigate impacts should be identified, such as through traffic and travel management, and green infrastructure provision and enhancement. So far as possible these opportunities should be considered at the plan-making stage, to ensure a strategic approach and limit the need for issues to be reconsidered when determining individual applications. Planning decisions should ensure that any new development in Air Quality Management Areas and Clean Air Zones is consistent with the local air quality action plan.”
2.9 Paragraph 170(e) of the NPPF also indicates that:
“Planning policies and decisions should contribute to and enhance the natural and local environment by: e) preventing new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability. Development should, wherever possible, help to improve local environmental conditions such as air quality;”
2.10 DEFRA published its Clean Air Strategy in 2019, which identifies air pollution as the top environmental risk to human health in the UK, making us more susceptible to other illnesses. The strategy recognises that air pollution can be caused not only by emissions from road transport and burning fossil fuels, but also by intensive agricultural food production and heating our homes. it sets out a range of practical actions to reduce emissions. Planning Practice Guidance was updated in November 2019 to provide guidance on assessing and addressing air quality from damaging air pollutants.
Supplementary Planning Document
2.11 This SPD supplements these Local Plan policies and provides guidance as to: a. which developments may have a potential impact on air quality, thereby requiring an air quality impact assessment (AQIA) to be undertaken; b. how potential impacts on air quality will be assessed from demolition and construction works; c. what an AQIA (when required) should include; d. how it should be prepared to identify likely effects from proposed development; e. how the significance of potential impacts on air quality from proposed development will be assessed; and f. how potential adverse impacts on air quality could be avoided, minimised or mitigated.
1 National Planning Policy Framework (MHCLG), FebruaryPage2019; 85 https://www.gov.uk/government/publications/national-planning-policy-framework--2.
Air Quality SPD 3 Agenda Item 11 2 A Policy Overview Appendix B
2.12 It is important to note that whilst this SPD focuses on the implementation of Policies DM02, ST03 and BRA, in considering any proposal that will potentially affect air quality, all relevant policies of the NDTLP will be taken into account when determining planning applications.
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3 When is an Air Quality Impact Assessment (AQIA) required?
3.1 A precautionary approach should be taken in terms of assessing whether an air quality impact assessment (AQIA) is required. As such, where there is sufficient doubt or uncertainty as to likely air quality impacts, then an AQIA should be undertaken.
3.2 An AQIA is not required just to assess and mitigate any potential impacts on air quality within and adjoining a designated AQMA. It is also intended to assess potential impacts in other undesignated areas where the Councils consider that exceedance of air quality objectives is a possibility, either temporarily or in the longer term. It is intended to prevent air quality targets being exceeded in these areas and to avoid the need for further AQMAs to be designated. An AQIA will become a material consideration to be considered as part of determining the planning application for which it was submitted.
3.3 Potential adverse impacts on air quality could arise from: a. Traffic flow emissions resulting from occupation and operation of completed development; and/or b. Emissions arising from operation of completed development; and/or c. Demolition and construction works during development.
These potential impacts and their requirement for an AQIA are assessed separately below.
A. Occupation and Operation of Completed Development
3.4 The potential for adverse impacts upon air quality arising from occupation and operation of proposed development will be influenced by a combination of factors: a. The location of a development and its likelihood of increasing traffic flows; b. The scale of development since larger developments would be expected to generate proportionally more traffic movements; c. The type of development with commercial developments more likely (than residential development) to generate movements of lorries and other large vehicles which are more likely to emit nitrous oxides; d. The seasonal variation in traffic generation arising from a development in combination with potential existing seasonal variations in air quality; tourism attractions / accommodation are likely to generate cumulatively more variation in levels of traffic at certain times of year than residential development.
3.5 As part of applying a precautionary approach in practice, thresholds will be used to screen out when an AQIA is not required. Table 1of this SPD is derived from Table 6.2 of Land-Use Planning & Development Control: Planning for Air Quality (January 2017) http://www.iaqm.co.uk/text/guidance/air-quality-planning-guidance.pdf and identifies the thresholds at and above which an AQIA is required for different types of development.
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Air Quality SPD 5 Agenda Item 11 3 When is an Air Quality Impact Assessment (AQIA)Appendixrequired? B
Table 1 Indicative Criteria and Thresholds for Requiring an Air Quality Impact Assessment by virtue of Occupation and Operation of Completed Development
The development will: Indicative Criteria to Proceed to an Air Quality Impact Assessment
1. Cause a significant change in Light Duty A change of LDV flows of: Vehicle (LDV) LDV = cars and small vans <3.5t gross vehicle weight traffic flows on local -- more than 100 Annual Average Daily Traffic roads with relevant receptors. (AADT) within or adjacent to an AQMA -- more than 500 AADT elsewhere.
2. Cause a significant change in Heavy Duty A change of HDV flows of: Vehicle (HDV) HDV = goods vehicles + buses >3.5t gross vehicle weight flows on local roads -- more than 25 AADT within or adjacent to with relevant receptors. an AQMA -- more than 100 AADT elsewhere.
3. Realign roads, i.e. changing the proximity Where the change is 5 metres or more and of receptors to traffic lanes. the road is within an AQMA.
4. Introduce a new junction or remove an Applies to junctions that cause traffic to existing junction near to relevant receptors. significantly change vehicle accelerate/decelerate, e.g. traffic lights, or roundabouts.
5. Introduce or change a bus station. Where bus flows will change by:
-- more than 25 AADT within or adjacent to an AQMA
-- more than 100 AADT elsewhere.
6. Have an underground car park with The ventilation extract for the car park will be extraction system. within 20 m of a relevant receptor. Coupled with the car park having more than 100 movements per day (total in and out).
7. Have one or more substantial combustion Typically, any combustion plant where the
processes, where there is a risk of impacts at single or combined NOx emission rate is less relevant receptors. than 5 mg/secAs a guide, the 5 mg/s criterion
equates to a 450 kW ultra low NOx gas boiler NB. this includes combustion plant associated or a 30kW CHP unit operating at <95mg/Nm3. with standby emergency generators (typically Users of this guidance should quantify the associated with centralised energy centres) NOx mass emission rate from the proposed and shipping. plant, based on manufacturers’ specifications and operational conditions. is unlikely to give rise to impacts, provided that the emissions
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are released from a vent or stack in a location and at a height that provides adequate dispersion.
In situations where the emissions are released close to buildings with relevant receptors, or where the dispersion of the plume may be adversely affected by the size and/or height of adjacent buildings (including situations where the stack height is lower than the receptor) then consideration will need to be given to potential impacts at much lower emission rates. Conversely, where existing nitrogen dioxide concentrations are low, and where the dispersion conditions are favourable, a much higher emission rate may be acceptable.
3.6 In the absence of information to the contrary, the Councils will assume an average of 8 daily traffic movements per dwelling. As such, developments of more than 12 residential units (net) would be likely to trigger a change of light duty vehicle flows of more than 100 Annual Average Daily Traffic (AADT) within or adjacent to an AQMA. Adjacent to an AQMA includes developments where the majority of traffic movements are likely to involve travel through an AQMA. Elsewhere, the trigger threshold would be more than 62 residential units (net) likely to trigger a change of light duty vehicle flows of more than 500 AADT.
3.7 For heavy duty vehicle flows, a change of more than 25 AADT within or adjacent to an AQMA and more than 100 AADT elsewhere would be triggered by a major commercial or industrial development.
3.8 The projected AADT for both light duty vehicles flows and heavy duty vehicle flows for all major developments would need to be identified within a Transport Assessment required by Policy ST10: Transport Strategy of the NDTLP for developments generating significant traffic movements.
3.9 The identified need for an AQIA does not necessarily mean that there will be an impact on air quality, but that a formal AQIA is required to assess whether there would be a likely impact or the significance of that impact. Minor developments are not expected to have any notable impact upon air quality so are screened out as not requiring an AQIA.
3.10 Where required, an AQIA should be proportionate to the nature and scale of proposed development and any suspected air quality impacts. The scale of any formal AQIA can be agreed in advance with the relevant Council.
3.11 Lower thresholds within or adjacent to an AQMA recognise that development within or adjoining an AQMA is more likely to impact air quality adversely than sites further away. However, it also recognises that major developments generating high levels of traffic flows can still have a potential adverse impact on local air quality outside a designated AQMA. Page 89
Air Quality SPD 7 Agenda Item 11 3 When is an Air Quality Impact Assessment (AQIA)Appendixrequired? B
3.12 The potential impact of proposed development should be considered at the earliest possible stage, especially for proposed major developments. The need for an AQIA should be identified and considered as part of any pre-application process as well as through the environmental impact assessments (EIA) screening and scoping process.
Impact on Occupants of Developments
3.13 In addition to potential adverse impacts on air quality arising from new developments, it is recognised that new developments can lead to exposure to poor air quality for the occupants of a proposed development, or visitors to it. As such, all proposals for new development within or adjoining an AQMA should undertake an AQIA to assess potential impacts upon the future occupants, businesses and visitors to the development. Elsewhere, the potential impact on occupants and visitors to proposed developments will be triggered by the indicative criteria and thresholds set out in Tables 1 and 2 and should be considered as part of the required AQIA. In such cases, the design of new development should seek to avoid or mitigate any adverse potential health impacts on occupants and visitors to the proposed development.
B. Emissions from Operation of Completed Development
3.14 The operation of some industrial and commercial developments may lead to emissions that could affect air quality adversely. Such emissions are most likely to be emitted from chimneys and flues.
3.15 Where such developments have been screened to require an environmental impact assessment (EIA), then an assessment of the potential impact on air quality will be incorporated within the scoping of that EIA, which would overcome the need for a separate AQIA to be prepared.
3.16 When an EIA is not required for such development then an AQIA is not required. However, the Councils would expect a precautionary approach to be taken by following the mitigation hierarchy set out in paragraph 5.1. In practice, potential adverse impacts on air quality should be avoided whenever possible. If not possible then any potential adverse impacts should be minimised before adequate mitigation measures are required to address any residual adverse impacts.
3.17 If a potential air quality issue is likely, then incorporation of mitigation measures should be considered where possible at an early stage of planning. This could include moving potential sources of emissions further away from occupants, visitors and other receptors such as passing pedestrians.
C. Demolition and Construction Works during Development
3.18 Dust (including particulate matter up to 75 microns) may be emitted during construction, demolition and earth moving works. Dust is solid particles suspended in the air or settled out having been suspended. Activities generating dust can have potential cumulative harmful effects on air quality and health, albeit predominantly during the construction and demolition works and immediately afterwards. However, temporary emissions of dust during the construction are of concern as they add to the overall exposure to particulate matter of residents, visitors and site workers.
3.19 Significant generation of dust may be anticipated where:
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b. Substantial earth moving is proposed, such as raising land levels; c. A major construction site is proposed or construction is scheduled over a prolonged period.
3.20 In these instances, an AQIA should be undertaken to assess the air quality impacts of demolition, construction and earthworks. This could be incorporated within any AQIA when it is also required by virtue of traffic flow generation from occupation and operation of completed development (sections A and B above). Alternatively it could be incorporated within an environmental impact assessment (EIA), where the construction phase is identified as part of the EIA scoping process.
3.21 Assessment of air quality impacts associated with construction, demolition and earthworks may also be required outside the formal EIA process where a significant emission of dust is anticipated. The Councils recognise that dust generation is likely to be influenced by soil types, ground condition, location and weather and will disperse through the air. As part of applying a precautionary approach in practice, thresholds will be used to screen out when an AQIA is not required.
3.22 Table 2 of this SPD identifies the thresholds at and above which an AQIA is likely to be required for different types of development. However, these thresholds are indicative by virtue of the identified factors that are likely to influence dust generation. Where an AQIA is considered necessary, it should be proportionate to the nature and scale of proposed development and any suspected air quality impacts. The scale of any formal AQIA should be agreed in advance with the relevant local planning authority.
Table 2 Indicative Criteria and Thresholds for Requiring an Air Quality Impact Assessment by virtue of Demolition and Construction Works during Development
Type of development: Threshold above which to Proceed to an Air Quality Impact Assessment
1. A substantial building (or group of buildings) Total internal floorspace in excess of 1,000 is to be demolished. square metres.
2. Substantial earth moving is proposed. The extent of earth moving on a site covers a surface area in excess 2.5 hectares.
3. A major construction site is proposed or Total site area in excess of 4 hectares. construction is scheduled over a prolonged period.
3.23 The identified need for an AQIA does not necessarily mean that there will be an impact on air quality, but that a formal AQIA is required to assess whether there would be a likely impact or the significance of that impact. Small scale developments are likely to generate only very localised or temporary impacts, so are not expected to have any notable impact upon air quality. They are screened out as not requiring an AQIA.
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Air Quality SPD 9 Agenda Item 11 4 What should an Air Quality Impact AssessmentAppendix(AQIA) B include?
4 What should an Air Quality Impact Assessment (AQIA) include?
4.1 The purpose of an AQIA is to quantify:
a. changes in pollutant concentrations estimated to result from a proposed development (during both construction as well as future occupation and operation); and/or
b. estimated exposure to poor air quality for new development.
4.2 A suitable AQIA will need to:
a. incorporate an air quality modelling study, in accordance with a modelling method agreed in advance with North Devon or Torridge District Council;
b. be prepared in accordance with the latest guidance that represents best practice; and
c. be proportionate to the nature and scale of proposed development and any suspected air quality impacts.
4.3 Relevant guidance is currently provided by Land-Use Planning & Development Control: Planning for Air Quality (January 2017) (2) by the Institute of Air Quality Management (IAQM) and Environmental Protection UK, and by Guidance on the Assessment of Dust from Demolition and Construction (January 2014) (3) by IAQM; in both cases including any successor or related documents.
4.4 An AQIA will assess the effect(s) that a proposed development will have on air quality associated with the projected road traffic emissions and construction works, including any proposed mitigation measures. Where applicable, this assessment should include projected traffic generation from the development including:
a. trip rates (by types of transport) associated with each of the main uses proposed by the development;
b. the frequency of these trips and most likely times of day;
c. any anticipated variation in frequency (seasonality) of trips during the year;
d. the frequency of alternative route(s) likely to be taken for these trips;
e. the types of vehicles being used, including vehicle fleet composition and emission factors where applicable.
4.5 The cumulative potential air quality impacts of developments is significant because many individual schemes, deemed insignificant in themselves, can contribute to a “creeping baseline”. The impact of a proposed development should be assessed cumulatively with any other relevant commitments for major developments and/or other sites in the locality identified in the Local Plan or a Neighbourhood Plan.
2 http://www.iaqm.co.uk/text/guidance/air-quality-planning-guidance.pdfPage 92 3 http://iaqm.co.uk/wp-content/uploads/guidance/iaqm_guidance_report_draft1.4.pdf
10 Air Quality SPD Agenda Item 11 What should an Air Quality Impact Assessment Appendix(AQIA) include? B 4
4.6 The baseline data for pollutant concentrations to be used for any modelling should be the most recently published annual data. This will also need to be agreed in advance with the local planning authority.
4.7 The baseline data for traffic flows, including known daily and seasonal variations, needs to be agreed in advance with the local highway authority. An AQIA will only be accepted using baseline data for traffic flows that has been agreed in advance by the local highway authority. These details should be agreed as a part of any pre-application process as well as through the environmental impact assessments (EIA) screening and scoping process.
4.8 For proposed development within or adjoining a designated AQMA, in addition to an estimate of traffic generation arising from the proposed development, there will also need to be a quantified assessment of the estimated exposure to poor air quality for occupants of the development, or visitors to it.
4.9 The AQIA should also identify and set out clearly: a. any assumptions made in estimating the effect(s) that a proposed development will have on air quality; b. any known uncertainties, errors, adjustments and verification relating to the modelling; c. any mitigation measures, or combination of measures, proposed to be taken to reduce potential air quality impacts; d. the potential reductions in air quality impacts projected to arise from these mitigation measures; and e. details of the deliverability and timetable for any proposed mitigation measures.
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Air Quality SPD 11 Agenda Item 11 How can potential adverse impacts be avoided, minimised or 5 Appendix B mitigated?
5 How can potential adverse impacts be avoided, minimised or mitigated?
5.1 Potential adverse impacts should be avoided whenever possible. However, if avoidance is not possible then any potential adverse impacts should be minimised. Adequate mitigation measures are required to address any residual adverse impacts.
5.2 Opportunities for minimising or mitigating potential impacts will vary according to the type and location of proposed development. The following examples may be relevant for some types and locations of development generating air quality impact from traffic flow emissions, but the Councils recognise that they will not all be applicable or realistic opportunities for all developments.
1. Modal shift – encourage or require travel by vehicles other than motor cars;
2. Relocation – relocate proposed development to other areas within North Devon and Torridge where there would be less adverse impact upon air quality (subject to compliance with other relevant policies within the Local Plan);
3. Directions and signage – advertise and encourage vehicular travel to locations using alternative routes subject to the capacity and convenience of those alternative routes;
4. Low emission vehicles – use of low emission vehicles;
5. Green Infrastructure – plant trees within or adjoining an AQMA (or other location with an anticipated adverse impact on air quality) subject to necessary highway authority and land owner agreements and/or use of green roofs for new development;
6. Traffic flows – relocate potential congestion points (such as pedestrian crossings or traffic lights) further away from the AQMA (or other location with an anticipated adverse impact on air quality);
7. Design and Layout – amend the layout of proposed developments to relocate the most sensitive uses, or the movement of visitors, away from the parts of a site most likely to be subjected to poor air quality. Alternatively, move potential sources of emissions further away from occupants, visitors and other receptors.
5.3 Where air quality impacts are expected to arise from demolition and construction works then a Construction and Environmental Management Plan should be prepared in accordance with the Environment Agency’s Pollution Planning Guidance 6 – Working at Construction and Demolition Sites (2012)(4) . It will identify how the environment will be protected during development of a site, including opportunities for damping a site to control generation of dust.
5.4 Any direct mitigation measures proposed as part of a development should be identified. If the above opportunities are not relevant or not achievable, then mitigation could still be achieved by delivering identified measures within the package of measures identified through an AQAP. These works could be undertaken by the developer, or delivered by the relevant Council funded through collection of financial contributions. Contributions would be collected through developer obligations, either through Community Infrastructure Levy (CIL) contributions,
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12 Air Quality SPD Agenda Item 11 How can potential adverse impacts be avoided, minimised or Appendix B 5 mitigated?
where CIL has been adopted by the relevant Council, or through a section 106 contribution where it is necessary, relevant and proportionate in scale to the development. The contributions would help to fund and deliver projects identified in the AQAP.
5.5 The Councils publish air quality status reports annually on their websites.
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Air Quality SPD 13 Agenda Item 11 6 Designated Air Quality Management Areas Appendix B
6 Designated Air Quality Management Areas
6.1 Where Local Authorities identify an exceedance of the air quality for any one of a number of identified pollutants where there is relevant public exposure, it has a statutory duty to declare an Air Quality Management Area (AQMA).
Braunton
6.2 An AQMA was formally declared along Caen Street in Braunton village centre on 11 July 2011 (see Figure 1). A Further Assessment of air quality in 2012 indicated that approximately
90% of nitrous oxides (NOx) in Braunton are attributable to traffic sources (vehicle emissions)
and that a reduction of at least 22% in road NOx was required to meet target levels.
Figure 1 Boundary of Air Quality Management Area No. 1 in Braunton
6.3 An Air Quality Action Plan (AQAP) for Braunton was adopted in May 2016. It identifies a package of achievable measures which will contribute to achieving the required 22% reduction
in nitrogen dioxide (NO2) (annual mean) which currently are affecting air quality adversely within the centre of Braunton, particularly along Caen Street.
6.4 It is recognised that new development can have an adverse impact on pollution arising from road traffic and, in turn, on people’s exposure to air pollution. No single affordable solution has been identified; therefore a package of measures is included within the AQAP setting out how North Devon Council, in partnership with Devon County Council as local highway authority and other local stakeholders, intends to achieve the required air quality improvements.
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14 Air Quality SPD Agenda Item 11 Designated Air Quality ManagementAppendix B Areas 6
6.5 Details of the AQMA and AQAP can be found on North Devon Council’s website http://www.northdevon.gov.uk/environment/air-quality/ . One of the measures identified within the AQAP is developing a supplementary planning document (SPD) regarding air quality. This document is a draft SPD towards fulfilling this objective.
6.6 The designated Braunton AQMA is a relatively small area and there are relatively few opportunities for new development within and immediately adjoining this area.
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Air Quality SPD 15 Agenda Item 11 7 Agricultural Development Appendix B
7 Agricultural Development
7.1 Air quality is affected adversely by ammonia (NH3), which is harmful both to the natural environment and human health. 87% of ammonia (5) is produced by the agricultural sector with dairy and beef contributing 48% of all agricultural emissions.
7.2 The UK has adopted legally binding international targets to reduce emissions of ammonia by 2020 and 2030. The Clean Air Strategy (6)states that a combination of regulations, permitting and support will be introduced to reduce emissions from livestock accommodation, spreading of manures and application of fertilizers.
7.3 In North Devon and Torridge the levels of ammonia and rates of nitrogen deposition are above those considered to cause loss of species and habitat damage on sites such as Braunton Burrows and the Culm Grasslands.
7.4 Potential adverse impacts on air quality are most likely to arise from:
a) an agricultural building to house livestock (primarily beef and dairy cattle, pigs or poultry); and/or
b) any new or expanded pit, tank or lagoon for storing slurry; and/or
c) any anaerobic digester with combustion plant; and/or
d) any anaerobic digester without combustion plant.
7.5 Depending on the proposed proximity to either a European Protected Site or a Site of Special Scientific Interest, a planning application for the above may need to be accompanied by an Air Quality Impact Assessment (AQIA). This assessment must include, as a minimum, a Simple Calculation of Atmospheric Impact Limits (SCAIL) assessment. For a), b) and c) this applies only if they are within 10 kilometres of a European protected site or 5km of a Site of Special Scientific Interest; and for d) if they are within 500 metres of either.
7.6 If a SCAIL assessment is required with an application, Natural England should be consulted. A SCAIL assessment is not required for agricultural buildings to house primarily sheep or horses.
7.7 If the SCAIL assessment indicates that the process contribution from the proposal will exceed the 4% screening threshold then appropriate mitigation measures should be identified, such as amending the siting or design of the development. If the SCAIL assessment does not exceed 4% then further mitigation is not required.
7.8 The SCAIL input and output files (7) should be submitted to accompany the above listed types of planning applications, whether or not significant impacts are identified. This will form part of the validation process for such planning applications.
5 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778483/Emissions_of_air_pollutants_1990_2017.pdf 6 Clean Air Strategy 2019 (Defra, 2019) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/770715/clean-air-strategy-2019.pdf 7 Refer to SCAIL User Page 98 Guide:http://www.scail.ceh.ac.uk/agriculture/Sniffer%20ER26_SCAIL-Agriculture%20USER%20GUIDE%20Final%20Issue%2011032014.pdf
16 Air Quality SPD Agenda Item 11 Appendix AppendixGlossary B 1:
Appendix 1: Glossary
Term Definition
Annual Average Daily Traffic (AADT) The total volume of traffic passing a point or segment of a highway (eg site access) in both directions for one year divided by the number of days in the year.
Air Quality Action Plan (AQAP) A plan setting out a strategy and range of realistic and deliverable measures to improve air quality where it is does not achieve national air quality standards.
Air Quality Impact Assessment (AQIA) A plan setting out a strategy and range of realistic and deliverable measures to improve air quality where it is does not achieve national air quality standards.
Air Quality Management Area (AQMA) An area declared by a Local Authority where national air quality standards have not been achieved through ongoing monitoring and assessment.
Community Infrastructure Levy (CIL) A levy that local authorities can choose to charge on certain types of development in their area, with the collected funding then used to help deliver infrastructure that the Councils, local community and neighbourhoods require.
Environmental Impact Assessment (EIA) A report prepared alongside a planning application that is likely to have significant effects on the environment, to ensure that any full knowledge of those likely effects is taken into account in the decision making process.
Heavy Duty Vehicle (HDV) Goods vehicles + buses >3.5t gross vehicle weight.
Light Duty Vehicle (LDV) Cars and small vans <3.5t gross vehicle weight. DEFRA published its Clean Air Strategy in 2019, which identifies air pollution as the top environmental risk to human health in the UK, making us more susceptible to other illnesses. The strategy recognises that air pollution can be caused not only by emissions from road transport and burning fossil fuels, but also by intensive agricultural food production and heating our homes. it sets out a range of practical actions to reduce emissions. Planning Practice Guidance was Pageupdated 99in November 2019 to provide
Air Quality SPD 17 Agenda Item 11 Appendix Glossary Appendix B 1:
guidance on assessing and addressing air quality from damaging air pollutants. DEFRA published its Clean Air Strategy in 2019, which identifies air pollution as the top environmental risk to human health in the UK, making us more susceptible to other illnesses. The strategy recognises that air pollution can be caused not only by emissions from road transport and burning fossil fuels, but also by intensive agricultural food production and heating our homes. it sets out a range of practical actions to reduce emissions. Planning Practice Guidance was updated in November 2019 to provide guidance on assessing and addressing air quality from damaging air pollutants.
Local Air Quality Management (LAQM) A requirement under Part IV of the 1995 Environment Act for all local authorities to review whether air quality standards and objectives are being met within their areas. When not being met, there is a duty to identify those parts of its area in which those standards are not being achieved.
Simple Calculation of Atmospheric Impact An online screening tool that can estimate the Limits (SCAIL) potential effects of ammonia from agricultural development on semi-natural areas such as Special Areas of Conservation (SACs) and Sites of Special Scientific Interest (SSSIs) and can assess whether impact limits are likely to be exceeded.
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Page 101 Agenda Item 11 Appendix B
Torridge District Council North Devon Council Riverbank House Lynton House Bideford Commercial Road EX39 2QG Barnstaple EX31 1DG [email protected] [email protected] 01237 428700 01271 388288
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES COMMITTEE Date: 1ST JUNE 2020 TOPIC: COASTAL CONCORDAT
REPORT BY: HEAD OF PLACE
1 INTRODUCTION 1.1 The Council was contacted by Department for Environment Food & Rural Affairs (Defra) in February 2020 inviting it to sign a new Coastal Concordat for England. https://www.gov.uk/government/publications/a-coastal- concordat-for-england .
1.2 It is understood that all local authorities in England with a coastline are being contacted and invited to sign. Details of and benefits arising from the proposed Coastal Concordat are available at : https://www.gov.uk/government/publications/a-coastal-concordat-for- england/a-coastal-concordat-for-england-revised-december-2019 .
1.3 This concordat is one of a suite of actions the government and regulatory bodies are taking to achieve more efficient, coordinated regulation. It applies to the consenting of coastal developments in England where several bodies have a regulatory function. The concordat is designed to remove red tape and streamline the consenting process for both regulators and applicants. It provides a framework within which the separate processes for the consenting of coastal developments in England can be coordinated better.
2 RECOMMENDATIONS 2.1 That the Council signs the Coastal Concordat with Defra. 3 REASONS FOR RECOMMENDATIONS
3.1 To benefit from streamlined regulatory responsibilities, to improve coordination under different regulatory regimes and to facilitate a simpler process for applicants.
4 REPORT 4.1 The original Coastal Concordat for England (November 2013) was an agreement between Dept. for Environment Food and Rural Affairs (Defra), Dept. for Communities and Local Government (DCLG), the Dept for
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Transport, the Marine Management Organisation (MMO), the Environment Agency, Natural England and the Local Government Association. It is now proposed to encourage local authorities in England with a coastal interest to adopt an updated Coastal Concordat in accordance with the Government’s 25 Year Environment Plan (A Green Future: Our 25 Year Plan to Improve the Environment) which sets out (p107):
“We will continue to implement a marine licensing regulatory regime that supports sustainable development while protecting the natural capital and wellbeing of the marine environment and all local authorities with a coastal interest will be signed up to the Coastal Concordat by 2021”.
4.2 The concordat applies to consenting of coastal developments in England where several regulatory bodies have a regulatory function. It is designed to coordinate better the separate processes for consenting coastal developments between the main regulatory bodies including coastal local planning authorities.
4.3 Coastal development consenting needs to be undertaken with due regard to the relevant legislation and regulations, policies, plans and programmes that apply in the coastal area. These may include: the National Planning Policy Framework, the Marine Policy Statement and other national policy statements, marine plans, local and neighbourhood plans, shoreline management plans, local natural capital plans, the Government’s 25 Year Environment Plan, river basin management plans and coastal change management areas.
4.4 The concordat sets out 5 high level principles: a) Applicants seeking regulatory approval should be provided with a first point of entry into the regulatory system for consenting coastal development, guiding them to the organisations responsible for the range of consents, permissions and licences which may be required for their development; b) Regulators should agree a single lead authority for coordinating the requirements of Environmental Impact Assessments or Habitats Regulations Assessments; c) Where opportunities for dispensing or deferring regulatory responsibilities are legally possible and appropriate, they should be taken; d) Where possible, at the pre-application stage, competent authorities and statutory advisors should agree the likely environmental and habitats assessment evidence requirements of all authorities at all stages of the consenting process; e) Where possible, regulators and statutory advisors should each provide coordinated advice to applicants from across their respective organisations.
4.5 The identified potential benefits to both regulators and applicants include: a) reducing unnecessary regulatory duplication;
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b) better signposting; c) streamlining assessments; d) increasing transparency and consistency of advice; e) long-term efficiency savings for regulators, advisors and applicants; and f) meeting a commitment in the 25 Year Environment Plan.
4.6 The main actions arising for the Council would be advisory as a first point of entry, where the relevant officer should signpost the applicant to those relevant concordat bodies that had not already been contacted, highlighting that the applicant may need to secure a consent, licence or permission from them. 4.7 Within the South West region, Plymouth, Cornwall and Dorset Councils had already signed the Coastal Concordat as of January 2020. https://www.gov.uk/government/publications/a-coastal-concordat-for- england/local-authorities-who-are-adopters-of-the-coastal-concordat- updated-december-2019
5 RESOURCE IMPLICATIONS
5.1 The cost of signing the Coastal Concordat has no direct cost and can be undertaken within existing resources.
5.2 The identified benefits of the Coastal Concordat would potentially streamline regulatory responsibilities and improved coordination under different regulatory regimes, with potential efficiency benefits for the Council, other regulators and a simpler process for applicants (which could include the Council).
5.3 It would be useful for relevant officers to have a basic awareness of other common consents e.g. a marine license from the MMO or flood risk activity permit from the EA etc. This could be addressed as part of future training and/or engagement with the relevant concordat bodies.
6 EQUALITY and HUMAN RIGHTS 6.1 There are not considered to be any negative equality impacts arising from the concordat. The proposed better signposting and coordination of different consents, permissions and licences would be to the potential benefit of all applicants and users. 7 CONSTITUTIONAL CONTEXT
Article and Appendix and Referred or A key In the paragraph paragraph delegated decision? Forward power? Plan?
Part 3, Annexe 1.1 Referred No No
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8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential material under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS 9.1 The following background papers have been used in the preparation of this report:- A Green Future: Our 25 Year Plan to Improve the Environment, (Defra 2018) A Coastal Concordat for England (revised: December 2019) https://www.gov.uk/government/publications/a-coastal-concordat-for- england/a-coastal-concordat-for-england-revised-december-2019
9.2 Background papers will be available for inspection and will be kept by the author of this report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and officers.
Lead Member: Cllr Malcolm Wilkinson Author: Andrew Austen (Lead Officer Planning Policy) Date: 5th February 2020 Reference: S&R – 1 June 2020 coastal concordat
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Open NORTH DEVON COUNCIL
REPORT TO: STRATEGY AND RESOURCES Date: 1 June 2020 TOPIC: BUSINESS RATES RELIEFS, COUNCIL TAX RELIEFS AND BUSINESS GRANTS
REPORT BY: HEAD OF RESOURCES
1 INTRODUCTION
1.1 Section 47 of the Local Government Finance Act (LGFA)1988 enables the Council to exercise discretion to award rate relief in respect of properties occupied by charities and other not for profit organisations. It also allows billing authorities to grant locally determined discretionary business rate discounts in any circumstances provided it is in the interests of the local taxpayers to do so. 1.2 North Devon Council’s policy for the granting of Discretionary Non-Domestic Rates Relief was recently updated to include new measures announced by the Government in January, approved by members and introduced 1 April 2020.
1.3 Further measures have since been announced by the Government due to the Covid–19 crisis. These include extended business reliefs, business grants and a council tax hardship fund. The existing policy for the granting of Discretionary Non-Domestic Rates Relief has been revised to include the extended reliefs, two further policies have been produced for the purpose of the administration of the business grants and the council tax discretionary reductions.
2 RECOMMENDATIONS
2.1 That members approve the adoption of the revised policy for the granting of Discretionary Non-Domestic Rates Relief, to include the additional business rate measures with effect from 1 April 2020 (shown in appendices K and L of Appendix 1).
2.2 That members approve the adoption of the policy for the granting of the Small Business Grants and Retail, Hospitality and Leisure Grant with effect from 1 April 2020 (Appendix 2).
2.3 That members approve the adoption of the S13A (1) (c) Local Government Finance Act 1992 Policy for the administration of the Council Tax Discretionary Reductions with effect from 1 April 2020 (Appendix 3).
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3 REASONS FOR RECOMMENDATIONS
3.1 It is good practice for the Council to have readily understood guidelines for deciding whether or not to grant business rate reliefs, grants and council tax discretionary reductions and for determining the amounts payable. It is also desirable that any criteria by which an individual case is judged should be made public to help interested individuals and bodies.
3.2 In order to help support local businesses and tax payers during the Covid-19 crisis it is essential that the Council applies available powers to offer the new measures announced by the Government when it is evident that this would be a real benefit to local taxpayers to do so.
4 REPORT
4.1 Section 47 of the Local Government Finance Act (LGFA)1988 enables the Council to exercise discretion to award rate relief in respect of properties occupied by charities and other not for profit organisations. It also allows billing authorities to grant locally determined discretionary business rate discounts in any circumstances provided it is in the interests of the local taxpayers to do so.
4.2 North Devon Council’s policy for the granting of Discretionary Non-Domestic Rates Relief was recently updated to include new measures announced by the Government in January, approved by members and introduced 1 April 2020.
4.3 In the Budget on 11 March the Government announced that, due to the Covid- 19 crisis, it would increase the Business Rates Retail Discount, from 50% to 100% and extend it to include the leisure and hospitality sectors. The Government also announced a Business Rates Nursery Discount. Both discounts apply for the 2020/21 year only. North Devon Council’s policy for the granting of Discretionary Non-Domestic Rates Relief has been updated to include these new measures (shown in appendices K and L of Appendix 1).
4.4 The Government announced further help to business in response to the Covid- 19 crisis in the form of two funds, the Small Business Grant Fund and the Retail, Hospitality and Leisure Grant Fund. The draft policy, shown in Appendix 2, sets out the criteria which Central Government prescribed to Councils to determine eligibility for these grants. This policy also outlines the approach the Council will take in determining whether an award should be paid.
4.5 As a further part of its Covid-19 response, the Government announced that it would provide councils with grant funding to support economically vulnerable people and households in their local area. The Government’s expectation was that the majority of this hardship fund would be used to provide council tax relief alongside existing local council tax reduction schemes using council’s discretionary powers under s13A (1) (c) of the Local Government Finance Act 1992. The draft policy shown in Appendix 3 sets out the Council’s approach to granting help from this fund following the Government guidance.
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5 RESOURCE IMPLICATIONS
5.1 The additional measures announced by the Government as part of its response to Covid-19 will be reimbursed to the Council via a section 31 grant.
5.2 MHCLG have informed us that they recognise that implementing these new measures will place some additional burden on billing authorities. The department have said that they will conduct an assessment of the expected reasonable costs of new software and administration and will provide funding to meet these costs.
6 EQUALITIES ASSESSMENT
6.1 An Equality Impact Assessment has been produced for the measures announced within this report.
7 CONSTITUTIONAL CONTEXT
Article or Appendix Referred or and paragraph delegated power?
Part 3 Annex 4 Delegated
8 STATEMENT OF CONFIDENTIALITY
8.1 This report contains no confidential information or exempt information under the provisions of Schedule 12A of 1972 Act.
9 BACKGROUND PAPERS
9.1 The following background papers were used in the preparation of this report:
MHCLG guidance;
Business Rates Expanded Retail Discount 2020/21 Coronavirus Response Local Authority Guidance
Grant Funding Schemes Small Business Grant Fund and Retail, Hospitality and Leisure Grant Fund Guidance
Council Tax COVID-19 Hardship Fund 2020-21 Local Authority Guidance The background papers are available for inspection and kept by the author of the report. 10 STATEMENT OF INTERNAL ADVICE
10.1 The author (below) confirms that advice has been taken from all appropriate Councillors and Officers. Author: Julie Dark, Revenues and Benefits Manager Date: 20/05/2020
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Agenda Item 13 Appendix A
North Devon Council Policy for the granting of Discretionary Non-Domestic Rate Relief
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Agenda Item 13 Appendix A
Version Control
Version Version date Revised by Description 1 August 2017 LM Policy 2 September 2017 DA Sign Off 3 September 2017 LM Amendments JD 4 January 2019 LM Full Revision of Policy 5 January 2020 LM Full Revision of Policy 6 March 2020 LM Full Revision of policy and the inclusion of Covid-19 related reliefs
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Agenda Item 13 Appendix A Contents
1.0 Purpose of the Policy ...... 8 2.0 Mandatory Relief - Legislative Background ...... 9 Charity Relief ...... 9 Rural Rate Relief ...... 9 3.0 Discretionary Relief – Legislative Background ...... 10 Introduction ...... 10 The Council’s general approach to granting Discretionary Relief ...... 11 The Council’s approach to granting Government led Discretionary Relief schemes ...... 12 4.0 Effect on the Council’s Finances ...... 13 5.0 Discretionary Relief – EU State Aid requirements ...... 15 State Aid Rules until 31st March 2020 ...... 15 State Aid Rules from 1st April 2020 ...... 15 6.0 Administration of Discretionary Relief ...... 16 Applications and Evidence ...... 16 Granting of relief ...... 16 Variation of a decision ...... 17 7.0 Scheme of Delegation ...... 18 Granting, Varying, Reviewing and Revocation of Relief ...... 18 Reviews ...... 18 Appeals ...... 18 8.0 Reporting changes in circumstances ...... 19 9.0 Fraud ...... 19 Appendix A ...... 20 Discretionary Relief – Mandatory Relief recipients ...... 20 General Explanation ...... 21 Charity registration ...... 21 Use of Premises – wholly or mainly used ...... 21 Offices, administration and similar premises ...... 22 Charity shops ...... 22 Granting of Mandatory Relief - the Council’s Policy ...... 22 Appendix B ...... 24 Discretionary Relief – Non-Profit Making Organisations including Recreation ...... 24 General explanation ...... 25 Access to clubs ...... 25 Provision of facilities ...... 26 Discretionary Relief - Non–Profit Organisations including Recreation – the Council’s Policy ...... 26 Appendix C ...... 27 Discretionary Relief - Rural Rate Relief – Mandatory Relief recipients ...... 27 What are the qualifying criteria for Mandatory Relief? ...... 28 What rural settlements exist within the North Devon District Council’s area? ...... 28 What is the definition of a General Store? ...... 28 What is the definition of a Public House? ...... 29 What is the definition of a Petrol Filling Station? ...... 29 What is the definition of a Food Shop? ...... 29 What are the qualifying criteria for Discretionary Relief? ...... 29 Rural Rate Relief – Mandatory Relief recipients, the Council’s Policy for granting discretionary relief...... 29 Appendix D ...... 30 Discretionary Relief – Premises within Rural Settlements ...... 30 Page 113 5
Agenda Item 13 Benefit to the local community ...... Appendix...... A 31 Rural Rate Relief – the Council’s Policy for granting discretionary relief...... 31 Appendix E...... 32 Discretionary Relief – Localism Act 2011 ...... 33 General explanation ...... 33 Discretionary Relief – Localism – the Council’s Policy ...... 33 Appendix F ...... 35 Local Newspaper Relief ...... 35 General Explanation ...... 36 Eligibility criteria ...... 36 Local Newspapers ...... 36 Office Space ...... 36 Amount of Relief ...... 36 Local Newspaper Relief – the Council’s policy for granting discretionary relief...... 36 Appendix G ...... 37 Supporting Small Businesses Relief ...... 37 General Explanation ...... 38 Who is eligible for the relief and how much relief will be available? ...... 38 Recalculation of relief ...... 39 Other Reliefs ...... 39 Supporting Small Businesses Relief – the Council’s policy for granting discretionary relief...... 39 Appendix H ...... 40 Public House Relief ...... 40 General Explanation ...... 41 Eligibility criteria ...... 41 Other Reliefs ...... 41 Public House Relief – the Council’s policy for granting discretionary relief...... 41 Appendix I ...... 42 Discretionary Business Rate Relief Scheme ...... 42 General Explanation ...... 43 Consultation ...... 43 State Aid ...... Error! Bookmark not defined. Decisions by the Council ...... 44 Discretionary Business Rate Relief Scheme– the Council’s policy for granting discretionary relief...... 44 Applications for relief under this scheme ...... 45 Amount of Relief ...... 45 Variation and amendment of relief under the scheme ...... 45 Appendix J ...... 47 Retail Discount ...... 47 General Explanation ...... 48 Retail Discount Scheme 2019/20 only ...... 48 Who is eligible for the relief? ...... 48 How much relief will be available? ...... 50 Retail Discount – the Council’s policy for granting discretionary relief...... 50 Appendix K ...... 51 Expanded Retail Discount Scheme (2020/21) ...... 51 General Explanation ...... 52 Who is eligible for the relief? ...... 52 How much relief will be available? ...... 54 Expanded Retail Discount – the Council’s policy for granting discretionary relief...... 55 Page 114 6
Agenda Item 13 Appendix L ...... Appendix A 56 Nursery Discount Scheme (2020/21) ...... 56 General Explanation ...... 57 Who is eligible for the relief? ...... 57 How much relief will be available? ...... 57 Nursery Discount – the Council’s policy for granting discretionary relief...... 57 Appendix M ...... 58 Section 49 – Hardship Relief ...... 58 General explanation ...... 59 Section 49 Hardship Relief – the Council’s Policy ...... 59
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Agenda Item 13 Appendix A 1.0 Purpose of the Policy
1.1 The purpose of this policy is to determine the level of discretionary relief and related areas to be granted to certain defined ratepayers within the Council’s area. The policy includes all changes effective from 1st April 2020 and includes all extended reliefs due to the Covid-19 crisis.
1.2 The Local Government Finance Act 1988 and subsequent legislation requires the Council to grant mandatory relief for premises occupied by Charities and similar organisations that own or occupy them wholly or mainly for charitable purposes. Likewise, certain premises situated within a rural settlement area will be eligible for mandatory relief. Powers have also been granted under the Localism Act 2011, which allow for the granting of discretionary rate relief to any premises where the Council feels the granting of such relief would be of benefit to the local community.
1.3 In addition to the above, Central Government is keen that in certain cases, assistance should be provided to businesses who have had increases in their rate liability due to the revaluation of premises in April 2017. In these cases, and where the Council meets Central Government guidelines, grants are available under section 31 of the Local Government Act 2003.
1.4 Whilst the Council is obliged to grant relief to premises, which fall within the mandatory category, the Council also has powers to grant discretionary relief and reductions to ratepayers, subject to certain criteria being met. In the case of the new reliefs, some guidance has been issued by Central Government outlining actions expected to be taken by local authorities. This policy includes Government guidance where appropriate but also looks to target discretionary relief in line with the Council’s priorities.
1.5 This document outlines the following areas: • Details of the criteria for receiving Discretionary Reliefs for all relevant areas; • The Council’s policy for the granting of all types of Discretionary Reliefs; • Guidance on granting and administering the reliefs and awards; • European Union requirements including provisions for State Aid; and • The Council’s Scheme of Delegation.
1.6 Where organisations apply for relief they will be granted (or not granted) relief or reductions in line with the following policy.
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Agenda Item 13 Appendix A 2.0 Mandatory Relief - Legislative Background
Charity Relief
2.1 The powers relating to the granting of mandatory1 and discretionary relief are given to the Council under the Local Government Finance Act 19882. Charities and Trustees for Charities are only liable to pay one fifth of the Non-Domestic Rates that would otherwise be payable where property is occupied and used wholly or mainly for charitable purposes. This amounts to mandatory relief of 80%. For the purposes of the Act, a charity is an organisation or trust established for charitable purposes, whether or not it is registered with the Charity Commission. The provision has been extended under the Local Government Act 2003 (effective from 1st April 2004) to registered Community Amateur Sports Clubs (CASCs). Full details of the mandatory provisions are given later within this policy.
2.2 In the case of charity shops, the premises must meet the criteria laid down by section 64 (10) of the Local Government Finance Act 1988 which states that the premises are to be treated as used for charitable purposes at any time it is wholly or mainly used for the sale of goods donated to the charity and the proceeds of goods (after any deductions for expenses) are applied for the purpose of the charity.
2.3 The Council has discretion to grant relief of up to a further 20% for these mandatory cases under its discretionary provisions.
Rural Rate Relief
2.4 From 1st April 1998, under powers originally granted to the Council by the Local Government and Rating Act 19973, certain types of business in rural settlements, with a population below 3000 may qualify for mandatory rate relief of 50 per cent. Businesses that qualify for this relief are the sole general store and the sole post office in the settlement, provided it has a Rateable Value of up to £8500; any food shop with a Rateable Value of up to £8500; and the sole pub and the sole petrol station in the settlement provided it has a Rateable Value of up to £12500.
2.5 From 1st April 2017 and each year thereafter, Central Government has indicated that it wants all authorities to give 100% relief to premises that receive mandatory rural rate relief. The legislation enabling this will not be forthcoming until 2018 and therefore it has indicated that where the additional 50% is granted, a Section 31 grant will be made available to the Council. This is dealt with further within this policy and the Council will automatically grant the additional 50% discretionary relief where appropriate.
2.6 Where businesses in rural settlements have a Rateable Value of up to £16,500 and are not in receipt of mandatory relief, the Council may decide to give up to 100 per cent discretionary relief if it is satisfied that the business is of benefit to the community and having regard to the interests of its Council Taxpayers.
1 S43 & S45 Local Government Finance Act 1988 2 S47 & S48 Local Government Finance Act 1988
3 LGFA 1988, s.47, as amended by Sch. 1 to the Local Government and Rating Act 1997Page 117 9
Agenda Item 13 Appendix A 3.0 Discretionary Relief – Legislative Background Introduction
3.1 The original purpose of discretionary relief was to provide assistance where the property does not qualify for mandatory relief, or to ‘top’ up cases where ratepayers already receive mandatory relief.
3.2 Over recent years and particularly since 2011, the discretionary relief provisions have been amended to allow authorities the flexibility to provide more assistance to businesses and organisations.
3.3 The range of bodies, which are eligible for discretionary rate relief, is wide and not all of the criteria laid down by the legislation will be applicable in each case.
3.4 Unlike mandatory relief, ratepayers are obliged to apply to the Council. The Council will expect all businesses to make applications in such a format as is required (which may vary from time to time) and for the business to provide such information and evidence as required in order to determine whether relief should be awarded.
3.5 The Council is obliged to consider carefully every application on its merits, taking into account the contribution that the organisation makes to the amenities within the authority’s area. There is no statutory appeal process or Tribunal against any decision made by the Council although, as with any decision of a public authority, decisions can be reviewed by Judicial Review. The authority will however, upon request, review decisions made.
3.6 Granting of the relief falls broadly into the following categories:
a. Discretionary Relief – Charities who already receive mandatory relief; b. Discretionary Relief – Premises occupied by organisations not established or conducted for profit whose main objects are charitable or are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts or premises occupied by organisations not established or conducted for profit and wholly or mainly used for purposes of recreation; c. Discretionary Relief – Rural Rate Relief - premises that already receive mandatory relief; d. Discretionary Relief – Rural Rate Relief - premises not receiving mandatory relief but of benefit to the local community and less that £16,500 RV; e. Discretionary Relief – Granted under the Localism Act 2011 provisions; f. Local Newspaper Relief (from 1st April 2017 until 2025); g. Local Public House Relief (from 1st April 2017); h. Supporting Small Businesses Relief (from 1st April 2017 for a period of five years or until business pay their full rate charge or their transitional rate charge (calculated in accordance with the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016)); i. Discretionary Business Rates Relief Scheme (from 1st April 2017 for a period of up to four years); j. Retail Discount Relief (from 1st April 2019 for a period of one year); k. Extended Business Rates Discount Relief (from 1st April 2020 for a period of one year); l. Nursery Discount (from 1st April 2020 for a period of one year); and m. Hardship Relief (Section 49);
3.7 The decision to grant or not to grant discretionary relief is a matter purely for the Council.
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Agenda Item 13 Appendix A The Council’s general approach to granting Discretionary Relief
3.8 In deciding which organisations should receive discretionary rate relief, the Council has considered the following factors and priorities: a. The awarding of relief will be in line with the Council’s vision and values - The organisation will need to demonstrate how its use of business property contribute to the Council’s priorities. b. Be equitable and balance the wider interests of the community with the resources made available by the Council Taxpayer; c. Be clear and transparent; d. Set out, as far as possible, objective criteria rather than subjective judgements for the award of Discretionary Relief; e. Offer stability to those organisations receiving relief; f. Any award should support business, charities, organisations and groups that help to retain services in the Council’s area and not compete directly with existing businesses in an unfair manner; g. The award should help and encourage business, charities, organisations, groups and communities to become self-reliant; h. Awarding discretionary relief should not distort competition or significantly change the provision of services within the Council’s area; i. Local organisations will be given priority over national organisations. Favourable consideration will be given to organisations providing services exclusively for North Devon residents. It is unlikely that the Council will support a national charity head office, for example. However, where a national charity has a branch in North Devon that provides services exclusively for North Devon residents this will be considered favourably; j. Where requested, the organisation will need to supply the Council with clear evidence of all financial affairs (normally two full years) including, and most importantly, the amounts of monies raised, used and invested locally. Consideration will be made to details of any action taken by the organisation to limit their need for financial support from North Devon Council, for example by self-help or applications for grant aid; k. To enable appropriate organisations to start, develop or continue their activities, which deliver outcomes to the community and that also relate to the priorities of the Council, which without granting discretionary relief they would be unable to do; l. To assist the Council in delivering services which could not be provided otherwise; m. The decision whether to award Discretionary Charity Relief in respect of occupation of business rates properties is quite separate from grant determinations. However, North Devon will have regard to grant decisions (in particular where Council Grants have been reduced recently) when making discretionary rate relief decisions; n. If an organisation is in receipt of a grant from the Council, this will be considered favourably. However, a decision to award grants does not mean that the Council is bound to award discretionary relief, either in full or in part; o. Where an organisation has recently lost grant funding or had a grant award reduced, this will be taken into account when considering the organisation’s finances as above; p. To ensure that the financial impact of awarding discretionary business rate relief is justified in terms of the local outcomes achieved by the organisation receiving it; and q. Since March 2020, provide assistance to ratepayers suffering from the effects of the Covid-19 crisis.
3.9 Where any reduction or remission is granted to a ratepayer under S49 Local Government Finance Act 1988 where hardship is proven to the Council, then this will be provided after applying any Government funded relief, where possible and subject to the requirements of individual reliefs.
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Agenda Item 13 3.10 In certain cases, the order in which relief is granted is specified. Mandatory relief shallAppendix be granted A in all cases where the criteria is met irrespective of whether discretionary relief can be granted or not.
The Council’s approach to granting Government led Discretionary Relief schemes
3.11 Over the past few years, a number of schemes have been led by Central Government but without specific legislative changes. These are administered under S47 of the Local Government Finance Act 1988 and guidance is often provided. The Council is keen to support such initiatives especially where they are designed to help local businesses and will look to maximise both the reliefs given as well as maximise any grants receivable. However, the Council reserves the right to vary its approach where thought appropriate.
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Agenda Item 13 Appendix A 4.0 Effect on the Council’s Finances
4.1 The granting of discretionary relief will, in the main, involve a cost to the Council. Since the change to the funding for Non- Domestic Rating in April 2013, the effect of the relief is complex.
4.2 Any amounts granted prior to 1st April 2013 and continuing since that date will be included in the Council’s baseline within the Business Rates Retention Scheme. For any amounts granted for similar cases after 1st April 2013, the costs of the relief will be borne in accordance with the Business Rates Retention Scheme share.
4.3 Where Central Government leads an initiative, grants are often available through section 31 of the Local Government Act 2003. This is not automatic and Central Government will look to the Council to adopt the recommended approach when granting in these areas
4.4 The financial effects of discretionary reliefs covered by this policy are as follows:
Appendix Relief Type Granted after 1st April 2020 Charity Relief A Discretionary relief granted to Mandatory Relief 40% borne by the Council recipients B Non-profit Making Organisations including Sports 40% borne by the Council Clubs and societies Rural Rate Relief C 50% Discretionary relief granted to Mandatory Section 31 Grant Rural Relief recipients D Other premises within a rural settlement under 40% borne by the Council £16500 RV Localism E Discretionary Relief granted to ratepayers 40% borne by the Council generally and not covered by any other section
Local Newspaper Relief F Discretionary Relief granted to local newspapers Section 31 Grant meeting the criteria (From 1st April 2017until 2025).
Public House Relief G Discretionary Relief granted to public houses Section 31 Grant meeting the criteria (From 1st April 2020). Supporting Small Business Relief H Supporting Small Businesses Relief (from 1st April Section 31 Grant 2017 for a period of up to five years if conditions are met) Discretionary Business Rates Relief Scheme I Discretionary Business Rates Relief Scheme (from Section 31 Grant up to a 1st April 2017 for a period of up to four years) maximum level set by Central Government. Once the maximum has been reached any additional
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Agenda Item 13 Appendix Relief Type Granted afterAppendix 1st April 20 A20 amount is borne 40% by the Council Retail Discount Scheme J The Retail Discount Scheme (from 1st April 2019 Section 31 Grant for a period one year) Extended Business Rates Discount Relief K Extended Business Rates Discount Relief (from 1st Section 31 Grant April 2020 for a period of one year) Nursery Discount L Nursery Discount (from 1st April 2020 for a period Section 31 Grant of one year) S49 Hardship Relief M Partial or full relief for cases of hardship where it 40% borne by the Council would be reasonable to do so having due regard to the interests of council taxpayers
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Agenda Item 13 Appendix A
5.0 Discretionary Relief – EU State Aid requirements
State Aid Rules until 31st March 2020
5.1 European Union (EU) competition rules generally prohibit Government subsidies to businesses. Relief from taxes, including non-domestic rates, can constitute state aid. The Council must bear this in mind when granting discretionary rate relief.
5.2 Rate relief for charities and non-profit making bodies is not generally considered to be state aid, because the recipients are not in market competition with other businesses. However, where other bodies receive relief and are engaged in commercial activities or if they are displacing an economic operator or if they have a commercial partner, rate relief could constitute state aid.
5.3 Relief will be State Aid compliant where it is provided in accordance with the De Minimis Regulations (1407/2013)4 . Up until 31st March 2020, the De Minimis Regulations allow an undertaking to receive up to €200,000 of De Minimis aid in a three-year period (consisting of the current financial year and the two previous financial years).
5.4 Where the relief to any one business is greater than the De Minimis level, then permission will need to be obtained from the European Commission. In such cases the matter will be referred to the Ministry for Housing, Communities and Local Government (MHCLG) for advice and then referred back to the Council for consideration. It will be for the ratepayer to provide confirmation as to whether the State Aid provisions apply to them.
5.5 In all cases, where discretionary relief is to be granted or where liability is to be reduced, when making an application, ratepayers will be required to provide the Council with sufficient information to determine whether these provisions are applicable in their case.
State Aid Rules from 1st April 2020
5.6 From 1st April 2020, Central Government have applied to the EU to have the State Aid rules waived for any relief or discount against a ratepayer’s rate liability. Local Authorities have been advised by Government to proceed to grant all of the new reliefs that are effective from 1st April 2020 (Extended Business Rates Discount Relief and Nursery Relief) on the basis that no State Aid rules will apply.
.
4 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:352:0001:0008:EN:PDFPage 123 15
Agenda Item 13 Appendix A
6.0 Administration of Discretionary Relief
6.1 The following section outlines the procedures followed by officers in granting, amending or cancelling discretionary relief and reduction. This is essentially laid down by legislation5
Applications and Evidence
6.2 The Council will specify how applications are to be received (if required) and this may vary from time to time.
6.3 Where indicated by the Council, organisations may be required to provide a completed application form plus any such evidence, documents, accounts (normally the last two years), financial statements etc. necessary to allow the Council to make a decision. Where insufficient information is provided, then no relief will be granted. In some cases, it may be necessary for officers to visit premises and we would expect organisations claiming relief to facilitate this where necessary.
6.4 Where applications are required, they should initially be made to the Revenues and Benefits Service and will be determined in accordance with Section 7 of this policy.
6.5 The Council will provide this service and provide guidance free of charge. Ratepayers are encouraged to approach the Council direct and NOT pay for such services through third parties. Applications for relief will be accepted from ratepayers only.
Granting of relief
6.6 In all cases, the Council will notify the ratepayer of decisions made.
6.7 Where an application is successful, then the following will be notified to them in writing: • The amount of relief granted and the date from which it has been granted; • If relief has been granted for a specified period, the date on which it will end. (It should be noted that reliefs are granted for the period specified in the appropriate appendix and may vary from a day to a full financial year); • The new chargeable amount; • The details of any planned review dates and the notice that will be given in advance of a change to the level of relief granted; and • A requirement that the applicant should notify the Council of any change in circumstances that may affect entitlement to relief.
6.8 Where relief is not granted, then the following information is provided, again in writing: • An explanation of the decision within the context of the Council’s statutory duty; and • An explanation of the appeal rights.
6.9 Discretionary relief is to be granted from the beginning of the financial year in which the decision is made or when liability begins whichever is the later. Since 1997 decisions can be made up to 6 months after the end of the financial year for which the application was made. In such cases, the Council may backdate its decision.
5 The Non-Domestic Rating (Discretionary Relief) Regulations 1989 Page 124 16
Agenda Item 13 6.10 A decision to award discretionary relief and how much relief is given, is normally onlyAppendix applicable Ato the financial year for which the application is made. However, the Council reserves the right to grant relief for any other period as appropriate.
6.11 A fresh application for discretionary relief may be necessary for each financial year or at such time-period as the Council determines.
Variation of a decision
6.12 Variations in any decision will be notified to ratepayers as soon as practicable and will take effect as follows: • Where the amount is to be increased due to a change in rate charge (excluding rateable value increases) or a change in the Council’s decision which increases the award – this will apply from a date determined by the Council as appropriate; • Where the amount is to increase for any other reason, it will take effect at the expiry of a financial year unless it is granted for a fixed period; • Where the amount is to be reduced due to a reduction in the rate charge or liability including any reduction in rateable value, awarding of another relief or exemption this will apply from the date of the decrease in rate charge; and • Where the amount is to be reduced for any other reason, it will take effect from a date determined by the Council as appropriate;
6.13 A decision may be revoked at any time however; a one-year period of notice will normally be given, and the change will take effect at the expiry of a financial year unless relief has been awarded for a fixed period.
Page 125 17
Agenda Item 13 Appendix A
7.0 Scheme of Delegation
Granting, Varying, Reviewing and Revocation of Relief
7.1 All powers in relation to reliefs are given under the Local Government Finance Act 1988, the Local Government and Rating Act 1997, the Local Government Act 2003 and the Localism Act 2011.However section 223 of the Local Government Act 1992 allows for delegation of decisions by the Council to Cabinet, Committees, Sub-Committees or Officers.
7.2 The Council’s scheme of delegation allows for the Head of Resources to award, revise or revoke any discretionary relief applications. However, any application which is considered to be of a significant nature will be subject to consultation with the relevant executive or committee prior to final determination.
7.3 Applications that are refused will, on request, be reconsidered if additional supporting information is provided or the refusal is subsequently considered to be based on a misinterpretation of the application.
Reviews
7.4 The policy for granting relief will be reviewed annually or where there is a substantial change to the legislation or funding rules. At such time, a revised policy will be brought before the relevant committee of the Council.
Appeals
7.5 Where the Council receives an appeal from the ratepayer regarding the granting, non-granting or the amount of any discretionary relief, the case will be reviewed by the Head of Resources. Where a decision is revised then the ratepayer shall be informed, likewise if the original decision is upheld.
7.6 Where the ratepayer wishes to appeal the decision of the Head of Resources, the case will be considered by the Executive Member for Resources whose decision on behalf of the Council will be final.
7.7 Ultimately the formal appeal process for the ratepayer is Judicial Review although the Council will endeavour to explain any decision fully and openly with the ratepayer.
Page 126 18
Agenda Item 13 Appendix A
8.0 Reporting changes in circumstances
8.1 Where any award is granted to a ratepayer, the Council will require any changes in circumstances which may affect the relief, to be reported as soon as possible or in any event within 21 days of the change. This will be important where the change would result in the amount of the award being reduced or cancelled e.g. where the premises comes unoccupied or is used for a purpose other than that determined by the Council as eligible for relief.
8.2 Where a change of circumstances is reported, the relief will, if appropriate, be revised or cancelled. Where any award is to be reduced, the Council will look to recover the amount from the date the change of circumstances occurred.
9.0 Fraud
9.1 Where a ratepayer falsely applies for any relief, or where the ratepayer provides false information, makes false representation, or deliberately withholds information in order to gain relief, prosecutions will be considered under the Fraud Act 2006.
Page 127 19
Agenda Item 13 Appendix A
Appendix A
Discretionary Relief – Mandatory Relief recipients
Page 128 20
Agenda Item 13 Appendix A Discretionary Relief – Mandatory Relief recipients
General Explanation
A.1 S43 of the Local Government Finance Act 1988 allows mandatory relief (80%) to be granted on premises if the ratepayer is a charity or trustees for a charity and the premises are wholly or mainly used for charitable purposes. No charge is made in respect of unoccupied premises where it appears that when next in use it will be used wholly or mainly for those purposes.
A.2 The legislation has been amended by the Local Government Act 2003 (effective from 1st April 2004) to include registered6 Community Amateur Sports Clubs (CASC). These organisations can now receive the mandatory (80%) relief.
Charity registration
A.3 Charities are defined within the legislation as being an institution7 or other organisation established for charitable purposes only or by persons administering a trust established for charitable purposes only.
A.4 The question as to whether an organisation is a charity may be resolved in the majority of cases by reference to the register of charities maintained by the Charity Commissioners under s.4 of the Charities Act 1960. Entry in the register is conclusive evidence. By definition, under the Non-Domestic Rating legislation, there is no actual need for an organisation to be a registered charity to receive the relief and this has been supported by litigation8, however in all cases the organisation must fall within the following categories: • trusts for the relief of poverty; • trusts for the advancement of religion; • trusts for the advancement of education; and • trusts for other purposes beneficial to the community, but not falling under any of the preceding heads.
A.5 Certain organisations are exempted from registration generally and are not required to make formal application to the Charity Commissioners these are: • the Church Commissioners and any institution administered by them; • any registered society within the meaning of the Friendly Societies Acts of 1896 to 1974; • units of the Boy Scouts Association or the Girl Guides Association; and • voluntary schools within the meaning of the Education Acts of 1944 to 1980.
A.6 The Council will consider charitable organisations, registered or not, for mandatory relief.
Use of Premises – wholly or mainly used
A.7 Irrespective of whether an organisation is registered as a charity or not, the premises must be wholly or mainly used for charitable purposes. This is essential if any relief (either mandatory or discretionary) is to be granted. In most cases this can be readily seen by inspection, but on occasions the Council has had to question the actual use to which the premises are to be put. In some cases, it will be necessary for the Council to inspect any premises fully.
6 Registered with HMRC as a CASC 7 S67(10) Local Government Finance Act 1988 8 Income Tax Special Commissioners v Pemsell (1891) Page 129 21
Agenda Item 13 A.8 Guidance from the Ministry of Housing, Communities and Local Government (MHAppendixCLG) has stated A that in the case of ‘mainly’, at least 51% must be used for charitable purposes whether of that charity or of that and other charities
A.9 The following part of this section gives details on typical uses where relief may be given plus additional criteria that have to be satisfied. The list is not exhaustive but gives clear guidance on premises for which mandatory relief can be granted and therefore premises which may be equally considered for discretionary rate relief.
Offices, administration and similar premises
A.10 Premises used for administration of the Charity include: • Offices; • Meeting Rooms; and • Conference Rooms.
Charity shops
A.11 Charity shops are required to meet additional legislative criteria if they are to receive mandatory relief. Section 64 (10) of the Local Government Finance Act 1988 provides that a property is to be treated as being wholly or mainly used for charitable purposes at any time if, at the time, it is wholly or mainly used for the sale of goods donated to a charity and the proceeds of the sale of the goods (after any deduction of expenses) are applied for the purposes of the charity.
A.12 In order to ascertain whether an organisation meets these requirements, inspections may be made by an officer of the Council when an application is received
Granting of Mandatory Relief - the Council’s Policy
A.13 Where the criteria for awarding mandatory relief are met, the rate charges shall be calculated in accordance with the legislation reducing the liability of ratepayers for each day that the criteria are met.
Charity Relief – Mandatory Relief recipients, the Council’s Policy for granting discretionary relief.
A.14 The Council will consider applications for a discretionary rate relief ‘top up’ from charities based on their own merits, on a case-by-case basis. A.15 In determining the application, the following matters will be taken into consideration: 1. How the charity supports and links into the Council’s corporate vision and priorities; 2. The purpose of the charity and the specific activity carried out within the premises for which the relief is requested; and 3. Whether the charity operates at a local or national level and where appropriate, the local and national funding streams and financial position of the charity. The Council is keen to ensure that the organisation provides significant benefit to local residents of North Devon.
A.16 The Council is keen to support businesses that have a critical role to play in the local economy and to assist the Council in meeting the Corporate aims and values.
A.17 In the case of registered Community Amateur Sports Clubs, the key criteria in determining the application will be: Page 130 22
Agenda Item 13 1. The ratepayer occupies the whole hereditament; Appendix A 2. Relief cannot be granted in respect of premises that are occupied by the Council or precepting authority; 3. How the CASC supports and links into the Council’s corporate vision and priorities; 4. The membership and fee structure, and whether the CASC is accessible to all residents, including whether there are concessions for certain groups, for example people on a low income or young people under 18; 5. Membership numbers and the number and percentage of these members that are local residents; 6. If the CASC has due regard to equality issues and if it actively encourages members from under-represented groups, for example black and minority ethnic residents, people over 50 and people with disabilities; 7. Whether facilities are available to the wider community regardless of ability; and 8. If the CASC runs a bar or food provision: the level of income from this activity and how this money is used; and whether the CASC operates at a local or national level and where appropriate, the local and national funding streams and financial position of the CASC.
A.18 The Council wishes to support and enable appropriate businesses to start, develop and continue with their operations that deliver outcomes directly related to the Council’s aims and vision. In the main, this will be done through other means rather than granting discretionary relief. There may be occasions where applications are made for such relief or where a package of measures, including discretionary relief, are appropriate in supporting businesses. This would need to be in accordance with any limitations in respect of State Aid.
Page 131 23
Agenda Item 13 Appendix A
Appendix B
Discretionary Relief – Non-Profit Making Organisations including Recreation
Page 132 24
Agenda Item 13 Appendix A
Discretionary Relief – Non-Profit Making Organisations including Recreation
General explanation
Non-Profit B.1 The legislation9 allows the Council to grant discretionary relief where the property is not an excepted one and all or part of it is occupied for the purposes of one or more institutions or other organisations none of which is established or conducted for profit and each of whose main objects are charitable or are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts.
B.2 Relief cannot be granted to any premises occupied by the Council, or any town, parish council or major Precepting Authority (excepted premises).
B.3 A number of issues arise from the term ‘not established or conducted for profit’. This requires the Council to make enquiries as to the overall purpose of the organisation although if surpluses and such amounts are directed towards the furtherance or achievement of the objects of the organisation then it does not necessarily mean that the organisation was established or conducted for profit.10
Recreation Clubs
B.4 Ideally all recreation clubs should be encouraged to apply for Community Amateur sports Club (CASC) status, which would automatically entitle them to 80% relief. The relief granted to CASCs is covered earlier within this policy.
B.5 Recreation clubs can also apply to the Charity Commissioners for registration as a Charity (thereby falling under the mandatory provisions for 80% relief) where they meet the following conditions: a. The promotion of community participation in healthy recreation and by the provision of facilities for the playing of particular sports; and b. The advancement of the physical education of young people not undergoing formal education.
B.6 Where sports clubs do not meet the CASC requirement, and are not registered charities, discretionary relief can be granted (0-100%) where the property is not an excepted one, it is wholly or mainly used for purposes of recreation and all or part of it is occupied for the purpose of a club, society or other organisation not established or conducted for profit.
Access to clubs
B.7 Guidance issued by the MHCLG also requires the Council to consider access to clubs within the community before granting discretionary relief.
B.8 Membership should be open to all sections of the community. There may be legitimate restrictions placed on membership which relate for example to ability in sport or to the achievement of a standard in the field covered by the organisation or where the capacity of the facility is limited, but in general membership should not be exclusive or restrictive.
B.9 Membership rates should not be set at such a high level as to exclude the general community. However, membership fees may be payable at different rates that distinguish the different classes of membership such as juniors, adults, students, pensioners, players, non-players, employed and unemployed.
9 S47 Local Government Finance Act 1988 Page 133 25
Agenda Item 13 B.10 In general, the club or organisation must be prepared to show that the criteria bAppendixy which it considers A applications for membership are consistent with the principle of open access.
B.11 The Council also asks the following question to help establish the level of access ‘Does the organisation actively encourage membership from particular groups in the community e.g. young people, women, older age groups, persons with disability, ethnic minorities’ etc.?’
Provision of facilities
B.12 Clubs which provide training or education are encouraged, as are those who provide schemes for particular groups to develop their skills e.g. young people, the disabled, retired people.
B.13 A number of organisations run a bar. The mere existence of a bar will not in itself be a reason for not granting relief. However, the Council focuses on the main purpose of the organisation. The Council is encouraged to examine the balance between playing and non-playing members.
B.14 Within this area, the Council also considers whether the facilities provided relieve the Council of the need to do so or enhance and supplement those that it does provide.
Discretionary Relief - Non–Profit Organisations including Recreation – the Council’s Policy
B.15 The Council will consider applications for discretionary rate relief from non-profit making organisations on their own merits on a case-by-case basis. In determining the application, the following matters will be taken into consideration (The list is not exhaustive): • How the organisation supports and links into the Council’s corporate vision and priorities; • Whether the facilities provided include education and/or training for members as a whole or for special groups; • The extent to which the facilities provided reduce the demand for Council services or produce savings; • Any membership and fee structure and whether the facilities are accessible to all residents, including whether there are concessions for certain groups, for example people on a low income or young people under 18; • If covered by a membership scheme, membership numbers and the number and percentage of these members that are local residents; and • If the organisation has due regard to equality issues and if its facilities are used by all members of the community, for example black and minority ethnic residents, people over 50 and people with disabilities.
B.16 The Council will also require additional financial information including: • If the organisation runs a bar or food provision, the level of income from this activity and how this money is used.; and • Whether the organisation operates at a local or national level and where appropriate, the local and national funding streams and financial position of the organisation.
Page 134 26
Agenda Item 13 Appendix A
Appendix C
Discretionary Relief - Rural Rate Relief – Mandatory Relief recipients
Page 135 27
Agenda Item 13 Appendix A Discretionary Relief - Rural Rate Relief – Mandatory Relief recipients
What are the qualifying criteria for Mandatory Relief? C.1 For a Post Office or General Store to be entitled to 50% Mandatory Relief, all the following criteria must be met: • The Rateable Value of the property must not exceed £8,500 (from 1 April 2010); • The property must be used as a Post Office or a General Store (see below for definition), or both; • The property must be the only Post Office or the only General Store within the Rural Settlement.
C.2 For a Public House or Petrol Filling Station to be entitled to 50% Mandatory Relief, all the following criteria must be met: • The Rateable Value of the property must not exceed £12,500 from 1 April 2010); • The property must be used as a Public House (see below for definition) or a Petrol Filling Station (see below for definition); and • The property must be the only Public House or the only Petrol Filling Station within the Rural Settlement.
C.3 For a village food shop to be entitled to 50% Mandatory Relief, all the following criteria must be met: • The Rateable Value of the property must not exceed £8,500 from 1 April 2010); and • The property must be used as a shop selling mainly food (see below for definition).
What rural settlements exist within the North Devon District Council’s area? C.4 The following are deemed to be rural settlements within the Council’s area. The boundary of each settlement is the same as the Parish boundary, except where otherwise defined.
Arlington; Ashford; Atherington; Berrynarbor; Bishops Nympton; Bishops Tawton; Bittadon; Bratton Fleming; Brayford; Brendon; Burrington Challacombe; Chittlehamholt; Chittlehampton ; Chulmleigh; Combe Martin; Countisbury East & West Buckland; East Anstey; East Down; East Worlington Filleigh; George Nympton; Georgeham; Goodleigh Heanton Punchardon; Horwood Instow; Kentisbury; Kings Nympton; Knowstone Landkey; Lovacott ; Lincombe & Lee; Loxhore; Lynton & Lynmouth Mariansleigh; Martinhoe; Marwood; Meshaw; Molland; Mortehoe Newton Tracey; North Molton; Parracombe; Queens Nympton; Rackenford; Romansleigh; Rose Ash Satterleigh & Warkleigh; Shirwell; Stoke Rivers ; Swimbridge Tawstock; Trentishoe; Twitchen; West Anstey; West Down; West Pilton; Westleigh; Witheridge.
What is the definition of a General Store? C.5 For the purposes of Rural Rate Relief, ‘General Store’ means a business or trade, which wholly or mainly sells by retail both food (other than confectionery) for human consumption and general household goods. Where there are two or more General Stores within the same Rural Settlement, none can qualify for Mandatory Relief on that basis, although if one of them functions as a Post Office or a Food Shop relief may be claimed independently on that ground. However, both a Page 136 28
Agenda Item 13 General Store and a Post Office in the same Rural Settlement will qualify for MandatoryAppendix Relief, provided A that, they both meet the criteria. Although a General Store or a Post Office may not meet the criteria for Mandatory Relief, they may still be eligible to apply for Discretionary Relief.
What is the definition of a Public House? C.6 For the purposes of Rural Rate Relief, ‘Public House’ means any premises as defined in the Licensing Act 2003, which has a premises license authorising sale by retail of alcohol for consumption on the premises. In addition, the premises must be used principally for retail sales of alcohol to members of the public for consumption on the premises, and sales must not be subject to the condition that buyers reside at or consume food on the premises.
What is the definition of a Petrol Filling Station? C.7 For the purposes of Rural Rate Relief, ‘Petrol Filling Station’ means premises where petrol or other automotive fuels are sold retail to the general public for fuelling motor vehicles intended or adapted for use on roads.
What is the definition of a Food Shop? C.8 For the purpose of Rural Rate Relief, ‘Food Shop’ means a trade or business consisting wholly or mainly of the sale by retail of food for human consumption (excluding confectionery and catering – in this context catering means any supply of food for consumption on the premises on which it is supplied and any supply of hot food for consumption off the premises). This definition may also include shops, which sell mainly household foods, and which may partly also sell hot take away food or food consumed on the premises. But shops whose main business is a restaurant, tearoom, take-away, or confectionery sales are not food shops and so will not qualify for mandatory relief.
What are the qualifying criteria for Discretionary Relief? C.9 The Council may grant up to 50% Discretionary Relief in respect of any property which qualifies for 50% Mandatory Relief and the Council may also grant up to 100% Discretionary Relief to any rural business which does not meet the mandatory provisions. It should be noted that for 2017 onwards Central Government has requested that Council grant 50% discretionary relief to all ratepayers who receive 50% mandatory rural rate relief.
Rural Rate Relief – Mandatory Relief recipients, the Council’s Policy for granting discretionary relief.
C.10 As Central Government has requested and fully funds any additional relief granted to ratepayers who receive mandatory rural rate relief, the Council will automatically grant the additional 50% until such time as primarily legislation is changed.
Page 137 29
Agenda Item 13 Appendix A
Appendix D
Discretionary Relief – Premises within Rural Settlements
Page 138 30
Agenda Item 13 Appendix A Discretionary Relief – Premises within Rural Settlements
D.1 In addition to having the ability to grant discretionary relief to those in receipt of mandatory relief, the Local Government and Rating Act 1997 allows discretionary relief of up to 100% to be granted where the rateable value is £16,500 or less and:
a. Property is used for purposes which are of benefit to the local community; and b. It would be reasonable for the billing authority to award relief, having regards to the Council’s Council Taxpayers.
D.2 As with most discretionary relief, part of the cost, is met by Central Government and the balance from local sources.
D.3 The main criteria for granting discretionary relief in respect of rural rate relief is that premises are used to benefit the local community.
Benefit to the local community
D.4 Whilst each application for the relief will be considered on its own merits, there are certain factors which weigh heavily in the decision-making process. It is this Council's belief that the spirit of the legislation is to assist businesses and amenities, which contribute significantly to the quality of life of the people who have their main home in the Rural Settlement.
D.5 To be successful for consideration, a business must show that its existence is a significant benefit to the local community with the majority of local residents directly benefiting from services or facilities provided by that business
Rural Rate Relief – the Council’s Policy for granting discretionary relief.
D.6 The Council will also consider applications for a discretionary rural rate relief from all ratepayers, not entitled to mandatory relief up to a maximum of 100%. D.7 In determining the application the following matters will be taken into consideration: • The granting of any discretionary relief will be essential in ensuring the viability of any business within the rural settlement; • The granting of any discretionary relief is proportionate given the level of any business rates charged compared with the overall turnover of the business; • The granting of any discretionary relief will assist the business in continuing to be viable and / or prevent the business from failing; • The business is considered by the Council to be essential to the community and that any reduction or withdrawal of the business will have a serious detrimental effect on the rural settlement; and • The granting of any discretionary relief is reasonable having regard to the effect on taxpayers of the Council;
Page 139 31
Agenda Item 13 Appendix A
Appendix E
Discretionary Relief – Localism Act 2011
Page 140 32
Agenda Item 13 Appendix A Discretionary Relief – Localism Act 2011
General explanation
E.1 Section 69 of the Localism Act 2011 amended Section 47 of the Local Government Finance Act 1988. These provisions allow all Councils to grant discretionary relief in any circumstances where it feels fit having regards to the effect on the Council Taxpayers of its area.
E.2 The provisions are designed to give authorities flexibility in granting relief where it is felt that to do so would be of benefit generally to the area and be reasonable given the financial effect to Council Taxpayers. An example where the Council has granted relief in the past are where premises were affected by flooding.
Discretionary Relief – Localism – the Council’s Policy
E.3 Applications will be considered from any ratepayer who wishes to apply. However, where a ratepayer is suffering hardship or severe difficulties in paying their rates liability then relief can be granted under the existing provisions as laid down by Section 49 of the Local Government Finance Act 1988. There will be no requirement to grant relief in such cases under the Council’s discretionary relief policy.
E.4 Any ratepayer applying for discretionary rate relief under these provisions and who does not meet the criteria for existing relief (charities, non-profit making organisations etc.) may apply. When considering an application for rate relief the following factors will be taken into account:
a. That relief is for a temporary period; b. The significance of potential loss of employment in the area; c. Opportunities for new business growth, expansion and employment within the area; d. The positive effects on business cash flow and evidence of positive impact on future viability; e. Sufficient evidence of likelihood of recovery of the applicant’s business; f. The capacity of NDC intervention to secure further investment and retained and/or new employment opportunities; g. Reassurance of duration of retained employment and continued production/operation in the area; h. Uniqueness of service/commodity being provided within the community/district; i. What proactive measures the business/organisation is taking to reduce overheads, etc.; j. Measures being taken to reduce their rate liability, for example occupying smaller premises, letting out parts of the building, etc.; k. Consideration will also be given to rate deferral, reprofiling of instalments, arrangements as an alternative method of support; l. Cost of funding relief and the constraints on NDC’s finances; m. It is in the interests of council taxpayers as a whole to give relief; n. Giving rate relief to a business/organisation must be balanced against whether this creates unfair market conditions to the detriment of others; o. It should also be recognised that one of the main overheads of any business is Non-Domestic Rates and therefore it is reasonable to expect that businesses have made provision to pay this; p. Businesses can appeal against the rateable value or where there is a material change can apply to the Valuation Office Agency to have the rateable value reassessed NDC would expect businesses to use this mechanism first; and q. Payment record history will be taken into account.
E.5 Relief will be withdrawn/ cancelled if: a. the conditions or circumstances on the basis of on which the relief was granted change or fail to materialise, or the information submitted as part of the application proves to be misleading; Page 141 33
Agenda Item 13 b. the applicant ceases to be the ratepayer; or Appendix A c. business/organisation ceases to trade (in case of occupied rates) or downscales operations and workforce in contravention of any agreement; or d. the use of the property changes
E.6 A formal application from the ratepayer will be required in each case and any relief will be granted in line with State Aid requirements as specified within section 5 of this policy.
Page 142 34
Agenda Item 13 Appendix A
Appendix F
Local Newspaper Relief
Page 143 35
Agenda Item 13 Appendix A General Explanation
F.1 This is a relief that will be awarded until 2025 and the Government is not changing the legislation around the reliefs available to these properties. Central Government will reimburse local authorities that use their discretionary relief powers (under section 47(3)) of the Local Government Finance Act 1988 to grant relief in line with the eligibility criteria set out in this guidance.
F.2 The Council will be compensated by Central Government through a grant under section 31 of the Local Government Act 2003.
Eligibility criteria
F.3 The scheme will provide a £1,500 relief for office space occupied by local newspapers up to a maximum of one discount per local newspaper title and per hereditament per annum
Local Newspapers
F.4 The relief is to be specifically for local newspapers and by that, the Council means what would be considered a “traditional local newspaper.” The relief will not be available to magazines.
Office Space
F.5 The hereditament must be occupied by a local newspaper and wholly or mainly used as office premises for journalists and reporters.
Amount of Relief
F.6 The amount of relief is limited to a maximum of one discount per newspaper title (e.g. per newspaper name) AND per hereditament. As with all discretionary rate relief, any grant will be subject to State Aid limits as defined within section 5 of this policy.
Local Newspaper Relief – the Council’s policy for granting discretionary relief.
F.7 The Council has decided to grant relief strictly in accordance with Central Government guidelines.
Page 144 36
Agenda Item 13 Appendix A
Appendix G
Supporting Small Businesses Relief
Page 145 37
Agenda Item 13 Appendix A General Explanation
G.1 Central Government has increased the thresholds for Small Business Rate Relief from 1 April 2017 to £12,000 for the 100% relief and £15,000 for the tapered relief. They have also allowed rural rate relief to be granted up to 100% using S47 of the Local Government Finance Act 1988 as a top up to the mandatory level of 50%, albeit that the rateable value limits have not been changes in respect of rural hereditaments (see section D of this policy). Unfortunately, despite these changes, some small businesses and businesses in rural areas may lose their entitlement to the relief due to increases in Rateable Value through the revaluation on 1st April 2017.
G.2 The transitional relief scheme (provided under the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016 No. 1265) does not provide support in respect of changes in reliefs. Therefore, those ratepayers who have lost some or all of their small business or rural rate relief may face large percentage increases in bills from 1 April 2017.
G.3 In view of this, Central Government announced that a new scheme of relief would be made available to those ratepayers facing large increases as a result of the loss of small business or rural rate relief due to the revaluation. All authorities are encouraged to grant the relief in accordance with the guidelines laid down by Central Government and if granted strictly in accordance with guidance, the Council will be compensated by Central Government through a grant under section 31 of the Local Government Act 2003.
G.4 The relief is known as the ‘Supporting Small Businesses Scheme’
Who is eligible for the relief and how much relief will be available?
G.5 The Supporting Small Businesses relief will help those ratepayers who as a result of the change in their rateable value at the revaluation are losing some or all of their small business or rural rate relief and, as a result, are facing large increases in their bills.
G.6 To support these ratepayers, the Supporting Small Businesses relief will ensure that the increase per year in the bills of these ratepayers is limited to the greater of:
a. a percentage increase per annum. of 5%, 7.5%, 10%, 15% and 15% 2017/18 to 2021/22 all plus inflation ( unlike the transitional relief scheme under the Chargeable Amount regulations). For the first year of the scheme the percentage increase is taken against the bill for 31 March 2017 after small business rate relief or rural rate relief; or b. a cash value of £600 per year (£50 per month).
G.7 This cash minimum increase ensures that those ratepayers paying nothing or very small amounts in 2016/17 after small business rate relief are brought into paying something.
G.8 In the first year of the scheme, this means all ratepayers losing some or all of their small business rate relief or rural rate relief will see the increase in their bill capped at £600. The cash minimum increase is £600 per year thereafter. This means that ratepayers who in 2016/17 paid nothing under small business rate relief and are losing all of their entitlement to relief (i.e. moving from £6,000 rateable value or less to more than £15,000) would under this scheme be paying £3,000 in year 5.
G.9 The Government has also decided that those on the Supporting Small Businesses relief scheme whose 2017 rateable values are £51,000 or more will not be liable to pay the supplement (1.3p) to fund small business rate relief while they are eligible for the Supporting Small Businesses relief scheme. Page 146 38
Agenda Item 13 Appendix A G.10 Ratepayers will remain in the Supporting Small Businesses relief scheme for either 5 years or until they reach the bill they would have paid without the scheme (this would be the charge payable as their true rates payable or the charge calculated under the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2016).
G.11 A change of ratepayer will not affect eligibility for the Supporting Small Businesses relief scheme, but eligibility will be lost if the property falls vacant or becomes occupied by a charity or Community Amateur Sports Club.
G.12 The rules for state aid (as detailed in section 5 of this policy) shall apply when considering Supporting Small Businesses Relief.
Recalculation of relief
G.13 The amount of relief awarded under the Supporting Small Businesses relief scheme will be recalculated in the event of a change of circumstances including the following: • This could include, for example, a backdated change to the rateable value or the hereditament; or • The awarding of another relief.
G.14 The Council will, in effect, calculate the award on a daily basis taking into account the above, and the relief will be re- calculated if the rateable value changes.
Other Reliefs G.15 Hereditaments eligible for charity or Community Amateur Sports Club relief or hereditaments which are unoccupied are not eligible for Supporting Small Businesses Relief. Likewise, the same principle applies to properties for which a Section 44A certificate has been granted (apportionment of rateable values for partly occupied properties). The presence of a section 44A certificate will not further reduce the bill found under the Supporting Small Business scheme.
G.16 In accordance with Central Government guidelines, all other discretionary reliefs, will be considered after the application of Supporting Small Businesses relief.
Supporting Small Businesses Relief – the Council’s policy for granting discretionary relief.
G.17 The Council has decided to grant relief strictly in accordance with Central Government guidelines
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Agenda Item 13 Appendix A
Appendix H
Public House Relief
Page 148 40
Agenda Item 13 Appendix A General Explanation
H.1 This is a temporary relief for 2020/21 only and the Government is not changing the legislation around the reliefs available to premises. Central Government will reimburse local authorities that use their discretionary relief powers (under section 47(3)) of the Local Government Finance Act 1988) to grant £5000 relief in line with the eligibility criteria set out in guidance to be produced by Central Government. It should be noted that, until the Budget in March 2020, the relief was only set at £1000.
H.2 Central Government guidelines have been issued and it has been established that any amount granted will be reimbursed by a section 31 grant.
Eligibility criteria
H.3 The Council’s policy, in line with Central Government requirements, will provide a relief of £5,000 relief for one year only for all eligible public houses who have a rateable value of less than £100,000 on 1st April 2017.
H.4 The definition of a ‘Public House’ means any premises as defined in the Licensing Act 2003, which has a premises license authorising sale by retail of alcohol for consumption on the premises. In addition, the premises must be used principally for retail sales of alcohol to members of the public for consumption on the premises, and sales must not be subject to the condition that buyers reside at or consume food on the premises.
H.5 It will be for the Council to decide whether any premises falls within the definition give in the above paragraph. No relief shall be given where the premises are unoccupied.
Other Reliefs
H.6 Public House relief will be granted after applying any other mandatory reliefs and reductions
Public House Relief – the Council’s policy for granting discretionary relief.
H.7 The Council has decided to grant relief strictly in accordance with Central Government guidelines.
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Agenda Item 13 Appendix A
Appendix I
Discretionary Business Rate Relief Scheme
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Agenda Item 13 Appendix A General Explanation
I.1 In March 2017, Central Government announced that it would make available a discretionary fund of £300 million over four years from 2017-18 to support those businesses that face the steepest increases in their business rates bills as a result of the revaluation. Government determined that Councils would be best placed to determine how this fund should be targeted and administered to support those businesses and locations within their area that are in the greatest need.
I.2 Every authority within England is to be provided with a share of a £300 million fund to support their local businesses. This is to be administered through billing authorities’ discretionary relief powers under section 47 of the Local Government Act 1988.
I.3 Government also believes that local authorities are best placed to judge the particular circumstances of local ratepayers and direct the funding where it is most needed to support local economies.
I.4 The funding is not provided equally over the four-year period but in the following approximate proportions:
Year 1 (2017/18) 58%
Year 2 (2018/19) 28%
Year 3 (2019/20) 12%
Year 4 (2020/21) 2%
I.5 Councils will be compensated for any relief granted under section 31 of the Local Government Act 2003. The Government has decided that any underspend cannot be ‘vired’ from one year to the next.
I.6 A key criteria of reimbursement will be that all Billing Authorities will consult with major precepting authorities when formulating their schemes.
1.7 The financial effects to the Council of the Discretionary Business Rates Relief Scheme are shown in the following table
Amount of discretionary fund awarded (£000s) – North Devon District Council
2017-18 2018-19 2019-20 2020-21 251 122 50 7
Consultation
I.8 The Council has consulted with the major preceptors in relation to this scheme and has taken their comments into account when determining the eligibility criteria. This is an essential part of the Discretionary Business Rates Relief Scheme and is in line with the grant determination issued by the Ministry of Housing, Communities and Local Government (MHCLG) No.31/3071.
I.9 The grant determination states that a condition of the fund is that consultation is undertaken with ‘relevant authorities’. Relevant authorities for the purposes of this scheme means: a. Any major precepting authority; and b. Any combined authority.
I.10 In the case of North Devon District Council the major precepting authorities have been consulted namely: Page 151 43
Agenda Item 13 a. Devon County Council Appendix A b. Police and Crime Commissioner for Devon and Cornwall; and c. Devon and Somerset Fire and Rescue Service.
Decisions by the Council
I.11 Decisions by the Council are made directly in line with the Scheme of Delegation as outlined within section 7 of this policy. Any decision to award relief under this scheme will follow the core principles of the Council’s discretionary relief policy as defined by section 3.8.
I.12 It should be noted that whilst the funding from Central Government for Discretionary Business Rate Relief Scheme is limited, the decision of the Council whether to award any relief under this scheme will not take account of the level of any funding.
Discretionary Business Rate Relief Scheme– the Council’s policy for granting discretionary relief.
I.13 The scheme is designed to assist ratepayers who have suffered increases in their rate liability as a result of the 2017 revaluation.
I.14 In assessing any potential entitlement to an award under this scheme, the Council will compare the following: i. The rate liability of the ratepayer as 31 March 2017 after any reliefs and reductions; and ii. The rate liability of the ratepayer at 1 April 2017 taking into account any transitional relief, relief or reductions.
I.15 There are two parts to the scheme in which ratepayers will be considered: • Part A – Formula based for financial years 2017/18, 2018/19 & 2019/20; and • Part B – From 2017 and for the year 2020/21 on a case by case basis.
Part A – Formula based criteria (2017/18 to 2019/20) A Relief will be awarded where the calculation in I.15 above would result in an increase of more than 2%. B Relief will be awarded where the calculation in I.15 above results in an increase of at least £50.00 per annum. Relief will be paid up to a maximum of £2,000; C Relief will only be granted to premises that are liable for occupied rates. No relief will be awarded to unoccupied premises; D Relief will only be granted where the rateable value is less than £200,000; E Relief will only be granted to ratepayers who were in occupation at 31 March 2017 and in occupation on 1 April 2017 and for each day subsequent; F Ratepayers taking up occupation after 1 April 2017 will not be eligible for relief on the basis that new ratepayers would not have suffered from increases as a result of revaluation; G Relief will be targeted to local businesses and not those businesses that are national or multinational in nature. Local businesses are, for the purpose of this scheme, those which have premises wholly or predominately in the Devon area; H Relief may be awarded for more than one premises as long as all other criteria are met; I Relief under Part A will not be awarded where: • mandatory relief has been granted • the ratepayer is a public body
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Agenda Item 13 • the ratepayer has been granted a reduction under S44a of theAppendix Local Government A Finance Act 1988;
J Additional discretionary relief will not be awarded for rateable value increases after 1 April 2017; K Relief will not be awarded for premises which are wholly or mainly used for: i. Financial services e.g. banks, building societies, cash points, bureau de change, payday lenders, betting shops, pawn brokers etc.; ii. Medical services e.g. hospitals, doctors, dentists etc.; and iii. Professional services e.g. accountants, estate agents, tax advisers, insurance agents etc.; and L. Relief will not be awarded to any educational establishments.
Part B – Case by case basis Where any ratepayer can demonstrate that they have experienced financial difficulties as a result of revaluation the council will consider these on a case by case basis. The Council will take into account: • the amount of the increase in rate liability due to the revaluation; • the amount of rates in relation to other business expenses and income of the business; • the amount of reserves held by the business; and • the ability of the business to pay the increase.
Applications for relief under this scheme
I.16 The Council is keen to identify ratepayers who may qualify for the relief and as such will look to encourage certain ratepayers to apply. The Council will look to simplify the application process wherever possible, but it will expect any ratepayers to provide such information as is required by the Council to support their application
Amount of Relief
I.17 The amount of relief under Part A is tapered and will be calculated as follows: 2017/18 Award = Increase in rate liability calculated in I.15 LESS 2%. For the avoidance of doubt, relief will only be awarded where the ratepayer has an increase of at least 2%. The award will reduce the increase down to 2% with the proviso that the maximum award will be £2,000 and no award will be made if the increase would be less than £50. 2018/19 Award = 2017/18 award x 50% (for clarity this will be half of the relief awarded in 2017/18) 2019/20 Award = 2018/19 award x 40% (for clarity this will be forty per cent of the relief awarded in 2018/19)
I.18 For 2017/18, 2018/19 and 2019/20 most of the funding will be given under part A but part of this will be retained to be used under part B (on a case by case basis). For 2020/21 all of the funding will be granted under part B.
Variation and amendment of relief under the scheme
I.19 As with all reliefs, the amount of relief awarded under the Discretionary Businesses Rates relief scheme will be recalculated in the event of a change of circumstances. In effect, relief is calculated on a daily basis in line with the ratepayer’s liability on that day. This will include, for example, a backdated change to the rateable value of the hereditament. This change of circumstances could arise during the year in question or during a later year.
I.20 The Non-Domestic Rating (Discretionary Relief) Regulations 1989 (S.I. 1989/1059) requires the Council to provide ratepayers with at least one year’s notice in writing before any decision to revoke or vary a decision so as to increase the Page 153 45
Agenda Item 13 amount the ratepayer has to pay takes effect. Such a revocation or variation of a decisionAppendix can only Atake effect at the end of a financial year. But within these regulations, the Council may still make decisions which are conditional upon eligibility criteria or rules for calculating relief which allow the amount of relief to be amended within the year to reflect changing circumstances.
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Agenda Item 13 Appendix A
Appendix J
Retail Discount
Page 155 47
Agenda Item 13 Appendix A General Explanation
J.1 The Government announced on 29 October 2018 that it will provide a business rates Retail Discount scheme for occupied retail properties with a rateable value of less than £51,000 in each of the years 2019-20 and 2020-21. However, since that time the scheme has been substantially changed and a new Expanded Retail Discount Scheme has been put in place with effect from 1st April 2020. This section (J) details the provision of the Retail Discount Scheme for 2019/20. The Expanded Retail Discount Scheme can be found within Section K of this policy
Retail Discount Scheme 2019/20 only
J.2 The value of discount should be one third of the bill and must be applied after mandatory reliefs and other discretionary reliefs funded by section 31 grants have been applied.
J.3 Where an authority applies a locally funded relief, under section 47 this is must be applied after the Retail Discount.
J.4 As this is a measure for 2019-20 only, the Government is not changing the legislation around the reliefs available to properties. Instead the Government will, in line with the eligibility criteria defined by them, reimburse any authorities that use their discretionary relief powers, introduced by the Localism Act (under section 47 of the Local Government Finance Act 1988, as amended) to grant relief.
J.5 It is for the Council to adopt a local scheme and determine in each individual case when to grant relief under section 47.
Who is eligible for the relief?
J.6 Properties that will benefit from the relief will be occupied hereditaments with a rateable value of less than £51,000, that are wholly or mainly being used as shops, restaurants, cafes and drinking establishments. The Government consider shops, restaurants, cafes and drinking establishments to mean: i. Hereditaments that are being used for the sale of goods to visiting members of the public: • Shops (such as: florists, bakers, butchers, grocers, greengrocers, jewellers, stationers, off licences, chemists, newsagents, hardware stores, supermarkets, etc) • Charity shops • Opticians • Post offices • Furnishing shops/ display rooms (such as: carpet shops, double glazing, garage doors) • Car/ caravan show rooms • Second-hand car lots • Markets • Petrol stations • Garden centres • Art galleries (where art is for sale/hire)
ii. Hereditaments that are being used for the provision of the following services to visiting members of the public: • Hair and beauty services (such as: hairdressers, nail bars, beauty salons, tanning shops, etc) • Shoe repairs/ key cutting • Travel agents • Ticket offices e.g. for theatre Page 156 48
Agenda Item 13 • Dry cleaners Appendix A • Launderettes • PC/ TV/ domestic appliance repair • Funeral directors • Photo processing • Tool hire • Car hire
iii. Hereditaments that are being used for the sale of food and/ or drink to visiting members of the public: • Restaurants • Takeaways • Sandwich shops • Coffee shops • Pubs • Bars
J.7 To qualify for the relief the hereditament should be wholly or mainly being used as a shop, restaurant, cafe or drinking establishment. In a similar way to other reliefs (such as charity relief), this is a test on use rather than occupation. Therefore, hereditaments which are occupied but not wholly or mainly used for the qualifying purpose will not qualify for the relief.
Hereditaments that are not likely to receive relief under the scheme J.10 The list below sets out the types of uses that the Government does not consider to be retail use for the purpose of this relief. Again, it is for local authorities to determine for themselves whether particular properties are broadly similar in nature to those below and, if so, to consider them not eligible for the relief under their local scheme. i. Hereditaments that are being used for the provision of the following services to visiting members of the public: • Financial services (e.g. banks, building societies, cash points, bureaux de change, payday lenders, betting shops, pawn brokers) • Other services (e.g. estate agents, letting agents, employment agencies) • Medical services (e.g. vets, dentists, doctors, osteopaths, chiropractors) • Professional services (e.g. solicitors, accountants, insurance agents/ financial advisers, tutors) • Post office sorting offices
ii. Hereditaments that are not reasonably accessible to visiting members of the public • Generally speaking, Government also does not consider other assembly or leisure uses beyond those listed to be retail uses for the purpose of the discount. For example, cinemas, theatres and museums are outside the scope of the scheme, as are nightclubs and music venues. Hereditaments used for sport or physical recreation (e.g. gyms) are also outside the scope of the discount. Where there is doubt, the Council will exercise discretion.
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Agenda Item 13 Appendix A How much relief will be available? 2019/20
J.11 The eligibility for the relief and the relief itself will be assessed and calculated on a daily basis. The following formula should be used to determine the amount of relief to be granted for a chargeable day for particular hereditament in the financial year 2019/20.
J.12 The amount of relief to be granted = V / 3 where V is the daily charge for the hereditament for the chargeable day after the application of any mandatory relief and any other discretionary reliefs.
Retail Discount – the Council’s policy for granting discretionary relief.
J.13 The Council has decided to grant relief strictly in accordance with Central Government guidelines.
Page 158 50
Agenda Item 13 Appendix A
Appendix K
Expanded Retail Discount Scheme (2020/21)
Page 159 51
Agenda Item 13 Appendix A General Explanation
K.1 In response to the coronavirus pandemic (Covid-19), in the Budget on 11 March 2020, the Government announced that it would provide a discount of 100% to all those premises that received Retail Discount and extend it to include the leisure and hospitality sectors.
K.2 Following the announcement on 23 March 2020 of further measures to limit the spread of Covid-19, the Government confirmed that some of the exclusions for this relief have been removed, so that retail, leisure, and hospitality properties that will have had to close as a result of the restriction measures will now be eligible for the relief.
K.3 This relief will apply to occupied retail, leisure and hospitality properties in the year 2020/21.
K.4 There will be no rateable value limit on the relief.
Who is eligible for the relief?
K.5 Properties that will benefit from the relief will be occupied hereditaments that are wholly or mainly being used:
a. as shops, restaurants, cafes, drinking establishments, cinemas and live music venues, b. for assembly and leisure; or c. as hotels, guest & boarding premises and self-catering accommodation.
K.6 The Council consider shops, restaurants, cafes, drinking establishments, cinemas and live music venues to mean:
i. Hereditaments that are being used for the sale of goods to visiting members of the public: • Shops (such as: florists, bakers, butchers, grocers, greengrocers, jewellers, stationers, off licences, chemists, newsagents, hardware stores, supermarkets, etc); • Charity shops; • Opticians; • Post offices; • Furnishing shops/ display rooms (such as: carpet shops, double glazing, garage doors); • Car/caravan show rooms; • Second-hand car lots; • Markets; • Petrol stations; • Garden centres; and • Art galleries (where art is for sale/hire).
ii. Hereditaments that are being used for the provision of the following services to visiting members of the public: • Hair and beauty services (such as: hairdressers, nail bars, beauty salons, tanning shops, etc) • Shoe repairs/key cutting • Travel agents • Ticket offices e.g. for theatre • Dry cleaners • Launderettes • PC/TV/domestic appliance repair • Funeral directors Page 160 52
Agenda Item 13 • Photo processing Appendix A • Tool hire • Car hire • Employment agencies • Estate agents and letting agents • Betting shops iii. Hereditaments that are being used for the sale of food and/or drink to visiting members of the public: • Restaurants • Takeaways • Sandwich shops • Coffee shops • Pubs • Bars
iv. Hereditaments which are being used as cinemas v. Hereditaments that are being used as live music venues: • For the purposes of this policy live music venues are hereditaments wholly or mainly used for the performance of live music for the purpose of entertaining an audience. Hereditaments cannot be considered a live music venue for the purpose of business rates relief where a venue is wholly or mainly used as a nightclub or a theatre, for the purposes of the Town and Country Planning (Use Classes) Order 1987 (as amended). • Hereditaments can be a live music venue even if used for other activities, but only if those other activities (i) are merely ancillary or incidental to the performance of live music (e.g. the sale/supply of alcohol to audience members) or (ii) do not affect the fact that the primary activity for the premises is the performance of live music (e.g. because those other activities are insufficiently regular or frequent, such as a polling station or a fortnightly community event). • There may be circumstances in which it is difficult to tell whether an activity is a performance of live music or, instead, the playing of recorded music. Although the Council would expect this would be clear in most circumstances, guidance on this may be found in Chapter 16 of the statutory guidance issued in April 2018 under section 182 of the Licensing Act 2003.
K.7 The Council considers assembly and leisure to mean: i. Hereditaments that are being used for the provision of sport, leisure and facilities to visiting members of the public (including for the viewing of such activities). • Sports grounds and clubs • Museums and art galleries • Nightclubs • Sport and leisure facilities • Stately homes and historic houses • Theatres • Tourist attractions • Gyms • Wellness centres, spas, massage parlours • Casinos, gambling clubs and bingo halls ii. Hereditaments that are being used for the assembly of visiting members of the public. • Public halls • Clubhouses, clubs and institutions
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Agenda Item 13 K.8 The Council considers hotels, guest & boarding premises and self-catering accommodationAppendix to mean: A i. Hereditaments where the non-domestic part is being used for the provision of living accommodation as a business: • Hotels, Guest and Boarding Houses • Holiday homes • Caravan parks and sites
K.9 To qualify for the relief, the hereditament should be wholly or mainly being used for the above qualifying purposes. In a similar way to other reliefs (such as charity relief), this is a test on use rather than occupation. Therefore, hereditaments which are occupied but not wholly or mainly used for the qualifying purpose will not qualify for the relief. For the avoidance of doubt, hereditaments which have closed temporarily due to the government’s advice on COVID19 should be treated as occupied for the purposes of this relief.
K.10 The list set out above is not intended to be exhaustive as it would be impossible to list the many and varied uses that exist within the qualifying purposes. There will also be mixed uses. However, it is intended to be a guide as to the types of uses that the Council considers for this purpose to be eligible for relief. The Council will determine whether particular properties not listed are broadly similar in nature to those above and, if so, to consider them eligible for the relief. Conversely, properties that are not broadly similar in nature to those listed above should not be eligible for the relief.
K.11 The list below sets out the types of uses that the Council does not consider to be an eligible use for the purpose of this relief. Again, it is for the Council to determine for themselves whether particular properties are broadly similar in nature to those below and, if so, to consider them not eligible for the relief under their local scheme.
i. Hereditaments that are being used for the provision of the following services to visiting members of the public • Financial services (e.g. banks, building societies, cash points, bureaux de change, short-term loan providers) • Medical services (e.g. vets, dentists, doctors, osteopaths, chiropractors) • Professional services (e.g. solicitors, accountants, insurance agents/ financial advisers) • Post office sorting offices ii. Hereditaments that are not reasonably accessible to visiting members of the public
K.12 In line with the legal restrictions in section 47(8A) of the Local Government Finance Act 1988, Council may not grant the discount to itself or a precepting authority.
How much relief will be available?
K.13 The total amount of government-funded relief available for each property for 2020/21 under this scheme is 100% of the bill, after mandatory reliefs and, other discretionary reliefs funded by section 31 grants have been applied, excluding those where local authorities have used their wider discretionary relief powers introduced by the Localism Act which are not funded by section 31 grants.
K.14 The eligibility for the discount and the discount itself will be assessed and calculated on a daily basis. The following formula should be used to determine the amount of relief to be granted for a chargeable day for a particular hereditament in the financial year 2020/21
K.15 The amount of relief to be granted = V, where V is the daily charge for the hereditament for the chargeable day after the application of any mandatory relief and any other discretionary reliefs, excluding those where local authorities have used Page 162 54
Agenda Item 13 their discretionary relief powers introduced by the Localism Act which are not fundedAppendix by section A 31 grants. This will be calculated ignoring any prior year adjustments in liabilities which fall to be liable on the day.
K.16 Ratepayers that occupy more than one property will be entitled to relief for each of their eligible properties.
Expanded Retail Discount – the Council’s policy for granting discretionary relief.
K.17 The Council has decided to grant relief strictly in accordance with Central Government guidelines.
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Agenda Item 13 Appendix A :
Appendix L
Nursery Discount Scheme (2020/21)
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Agenda Item 13 Appendix A General Explanation
L.1 The Government announced a business rates Nursery Discount on 18 March 2020. This relief will apply to hereditaments occupied by providers on Ofsted’s Early Years Register and wholly or mainly used for the provision of the Early Years Foundation Stage and which are subject to business rates in the year 2020/21. There will be no rateable value limit on the relief and Ofsted will ensure that all local authorities can access the Ofsted Early Years Register to help authorities identify eligible properties.
Who is eligible for the relief?
L.2 Properties that will benefit from the relief will be hereditaments occupied by providers on Ofsted's Early Years Register and wholly or mainly used for the provision of the Early Years Foundation Stage.
L.3 To qualify for the relief the hereditament should be wholly or mainly being used for the above qualifying purpose. In a similar way to other reliefs (such as charity relief), this is a test on use rather than occupation. Therefore, hereditaments which are occupied but not wholly or mainly used for the qualifying purpose will not qualify for the relief. For the avoidance of doubt, hereditaments which have closed temporarily due to the government’s advice on COVID19 should be treated as occupied for the purposes of this relief.
L.4 In line with the legal restrictions in section 47(8A) of the Local Government Finance Act 1988, the Council may not grant the discount to itself or a precepting authority.
How much relief will be available?
L.5 The total amount of government-funded relief available for each property for 2020/21 under this scheme is 100% of the bill, after mandatory reliefs and other discretionary reliefs funded by section 31 grants have been applied, excluding those where local authorities have used their wider discretionary relief powers introduced by the Localism Act which are not funded by section 31 grants.
L.6 The eligibility for the discount and the discount itself will be assessed and calculated on a daily basis. The following formula should be used to determine the amount of relief to be granted for a chargeable day for a particular hereditament in the financial year 2020/21:
L.7 The Amount of relief to be granted = V, where V is the daily charge for the hereditament for the chargeable day after the application of any mandatory relief and any other discretionary reliefs, and those where local authorities have used their discretionary relief powers introduced by the Localism Act which are not funded by section 31 grants. This is calculated ignoring any prior year adjustments in liabilities which fall to be liable on the day.
L.8 Ratepayers that occupy more than one property will be entitled to relief for each of their eligible properties
Nursery Discount – the Council’s policy for granting discretionary relief.
L.9 The Council has decided to grant relief strictly in accordance with Central Government guidelines.
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Agenda Item 13 Appendix A
Appendix M
Section 49 – Hardship Relief
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Agenda Item 13 Appendix A Section 49 – Hardship Relief
General explanation
M.1 The Council is able to exercise its discretion under Section 49 of the Local Government Finance Act 1988 to provide either partial or full relief for non-domestic rate payments in cases of hardship where it would be reasonable to do so having due regard to the interests of council tax payers in general.
Section 49 Hardship Relief – the Council’s Policy
M.2 The Council will consider applications for hardship relief from individuals and organisations based on their own merits on a case-by-case basis. Head of Resources will consider applications. Application forms are available from the Council.
M.3 In making decisions on whether to award the relief the Council takes into account the following criteria (not listed in any priority):
• Any reduction or remission of rates on the grounds of hardship should be the exception rather than the rule; • Any reduction of the rates must be shown to be significant to the future viability of the business; • The business must continue to trade; • Cash flow forecasts for a minimum of the next twelve months must be provided together with a comprehensive Business Plan incorporating a brief history of the business; • The test of "hardship" is not strictly confined to financial hardship and that this, in itself, is not a deciding factor; • The loss of the business would reduce amenities of an area if it is the sole provider of a service in the area; • Details of any state aid, grants or subsidies either from central of local government over the previous three years; • The loss of the business would worsen the employment prospects in the area; • The interests of the Council Tax payers of the area would be best served by awarding the relief; • The business must demonstrate how it is beneficial to the local community and why it is currently suffering financial hardship; • The business provides employment to local residents in an area where employment opportunities are limited; • Independent advice given by banks or financial advisors should be sought to demonstrate the future viability of the business; and • Applications will only be considered where signed by the ratepayer, or, where an organisation is the ratepayer, an appropriately authorised representative of the organisation; and
M.4 The ratepayer will provide additional information as deemed necessary by the Council to be essential in order for a fair evaluation of the application.
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This page is intentionally left blank Agenda Item 13
Appendix B
North Devon District Council Small Business Grant and Retail, Hospitality and Leisure Grant Policy 2020/21
North Devon District Council - Small Business Grant and the Retail, Hospitality andPage Leisure Grant 169 1
Agenda Item 13
Appendix B
Version Control
Version Version date Revised by Description 1 April 2020 LM/DA Policy
North Devon District Council - Small Business Grant and the Retail, Hospitality andPage Leisure Grant 170 2
Agenda Item 13
Appendix B
Contents
1.0 Purpose of the Policy ...... 4 2.0 Business Grants Schemes – introduction ...... 4 3.0 Amounts of Grant ...... 4 4.0 Eligibility Criteria – General ...... 5 5.0 Eligibility Criteria that have to be met - ALL schemes ...... 5 The Effective Date ...... 5 The Ratepayer ...... 6 6.0 Hereditaments that shall NOT be considered eligible for a grant - general ...... 6 7.0 Eligibility Criteria specific to the Small Business Grant Fund (Scheme 1) ...... 6 8.0 Eligibility Criteria specific to the Retail, Hospitality and Leisure Grant Funds (Schemes 2a and 2b) ...... 7 9.0 How will grants be provided to Ratepayers? ...... 7 10.0 Effect on the Council’s Finances ...... 8 11.0 EU State Aid requirements ...... 8 12.0 Scheme of Delegation ...... 9 13.0 Reviews of Decisions ...... 9 14.0 Refusing a grant ...... 9 15.0 Other grant conditions ...... 9 16.0 Managing the risk of fraud ...... 9 17.0 Post-Payment Reporting ...... 9
North Devon District Council - Small Business Grant and the Retail, Hospitality andPage Leisure Grant 171 3
Agenda Item 13
Appendix B
1.0 Purpose of the Policy
1.1 The purpose of this policy is to determine eligibility and the process for paying the two new Direct Business Grants to Ratepayers within the Council’s area.
1.2 The grants scheme is in response to the announcement made by the Chancellor on 11th and 17th March 2020 in response to the COVID-19 crisis. This support will take the form of two specific funds: • the Small Business Grant Fund; and • the Retail, Hospitality and Leisure GrantFund
1.3 The policy sets out the criteria which Central Government provided to the Council to determine eligibility for the Small Business Grant Fund and the Retail, Hospitality and Leisure Grant Fund. It also outlines the approach the Council will take in determining whether an award should be paid.
2.0 Business Grants Schemes – introduction
2.1 There are currently three grants schemes available. One grant is available under the Small Business Grant Scheme and two potential grants under the Retail, Hospitality and Leisure Grant Fund. These are known as: • Scheme 1 – The Small Business Grant Fund (SBGF) for premises (hereditaments) that recieve a percentage relief under the Small Business Rate Relief scheme or receive Rural Rate Relief; • Scheme 2a – The Retail, Hospitality and Leisure Grant Fund (RHLGF 2a) for premises (hereditaments) with a Rateable Value (determined by the Valuation Office Agency at 1st April 2017) of up to and including £15,000; and • Scheme 2b – The Retail, Hospitality and Leisure Grant Fund (RHLGF 2b) for premises with a Rateable Value (determined by the Valuation Office Agency at 1st April 2017) of £15,001 or more, up to and including £50,999 (hereditaments with a Rateable Value of £51,000 or more shall not be eligible for the grant.
2.2 Each scheme is subject to both the Ratepayer and the hereditament meeting the eligibility criteria shown within this policy.
3.0 Amounts of Grant
3.1 The amount of grant available for each scheme is as follows: • Scheme 1 – Small Business Grant Fund (SBGF) £10,000; • Scheme 2a – Retail, Hospitality and Leisure Grant Fund (RHLGF 2a) £10,000; • Scheme 2b - Retail, Hospitality and Leisure Grant Fund (RHLGF 2b) £25,000;
3.2 For the avoidance of doubt: (a) Only one grant can be given in respect of any individual hereditament; (b) Only one grant can be awarded under the Small Business Grant Fund;
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(c) In the case of the Retail, Hospitality and Leisure Grant Funds (Schemes 2a and Scheme 2b,) grants can be given to all hereditaments that meet the criteria stated within this policy; (d) Where any hereditament could receive a grant under either the SBGF or RHLGF 2a, only one grant will be awarded; and (e) Both the Ratepayer and the hereditament must meet the eligibility criteria stated within this policy.
4.0 Eligibility Criteria – General
4.1 In order for grants to be awarded, both the Ratepayer and the hereditament must meet the criteria stated below. It should be noted that certain eligibility criteria apply to both the SBGF and the RHLGFs. In addition, there are specific criteria that also apply to each separate scheme.
4.2 For the avoidance of doubt, to receive a grant, the following eligibility criteria have to be met: (a) Eligibility criteria that apply to both schemes (all cases) Plus, either; (b) Eligibility criteria for the SBGF scheme or (c) Eligibility criteria for RHLGF 2a scheme or (d) Eligibility criteria for RHLGF 2b scheme.
5.0 Eligibility Criteria that have to be met - ALL schemes
5.1 The following criteria have to be met in all schemes.
The Effective Date
5.2 The effective date for eligibility is 11th March 2020 and, in all cases, the following must have existed at the effective date: • The hereditament MUST be shown in the Rating List as at 11th March 2020; • Any changes to the Rating List (Rateable Value or to the hereditament) after the 11 March 2020, including changes which have been backdated to this date, will be ignored for the purposes of eligibility; • The Council is not required to adjust, pay or recover grants where the Rating List is subsequently amended retrospectively to the 11 March 2020; • In cases where it was factually clear to the Council that on the 11 March 2020 that the Rating List was inaccurate on that date, the Council may withhold the grant and/or award the grant based on their view of who would have been entitled to the grant had the list been accurate. The Department for Business, Energy and Industrial Strategy (BEIS) has stated that this provision is entirely at the discretion of the Council and is only intended to prevent manifest errors. It is not intended for ratepayers who subsequently challenge their Rateable Value; • Where a hereditament is exempt from Rating as at 11th March 2020, no grant shall be payable.
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The Ratepayer
5.3 In all cases the following shall apply: • The person who will receive the grant will be the person who, according to the Council’s records, was the Ratepayer in respect of the hereditament on the 11 March 2020; • The Ratepayer must be liable to occupied property rates at that date. It should be noted that grants will not be awarded where the hereditament is unoccupied; • Where the business pays rent inclusive of rates and is not recorded as the Ratepayer by the Council, no grant shall be given; • Where the Council has reason to believe that the information it holds about the Ratepayer on the 11 March 2020 is inaccurate, it may withhold or recover the grant and take reasonable steps to identify the correct Ratepayer; • Where, it is subsequently determined that the records held are incorrect, the Council reserves the right to recover any grant incorrectly paid; and • Where any Ratepayer misrepresents information or contrives to take advantage of the scheme, the Council will look to recover any grant paid and take appropriate legal action. Likewise, if any Ratepayer is found to have falsified records in order to obtain a grant.
6.0 Hereditaments that shall NOT be considered eligible for a grant - general
6.1 The Council will not make any grant payments in the following circumstances: (a) Where any hereditament is occupied for personal use. Examples of where there may be personal use include private stables and loose boxes, beach huts and moorings. This list is not exhaustive, and it will be for the Council to determine whether this exclusion applies in any particular case; (b) Car parks and parking spaces; (c) Where on 11th March 2020, the Ratepayer (Company) was: (i) in liquation; or (ii) dissolved.
7.0 Eligibility Criteria specific to the Small Business Grant Fund (Scheme 1)
7.1 Small Business Grant Fund (Scheme 1) grants will only be awarded where the general criteria specified in section 5 are met in addition to the following: (a) Hereditaments included in this scheme are those which on the 11th March 2020 were eligible for relief under the Non-Domestic Rating Small Business Rate Relief Scheme (including those with a Rateable Value between £12,000 and £15,000 which receive tapered relief). These are hereditaments to which:
(i) Section 43 (4B) (a) of the Local Government Finance Act 1988 (Small Business Rate Relief)
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applied, and; (ii) The value of E (as defined in article 3 of the Non-Domestic Rating (Reliefs, thresholds and Amendment) (England) Order 2017, SI 2017/102) was greater than 1; (b) Hereditaments that were not eligible for percentage relief (including those eligible for the Small Business Rate Multiplier) are excluded; (c) Hereditaments which, on 11 March 2020 were eligible for relief under the Rural Rate Relief (RRR) provisions are also eligible for this scheme. These are hereditaments to which Section 43 (6B) of the Local Government Finance Act 1988 (have Rural Rate Relief) applied; (d) Charities cannot receive Small Business Rates Relief and therefore will not be eligible to a grant under these provisions, although there may be an entitlement under the Retail, Hospitality and Leisure grant scheme (see Section 8).
8.0 Eligibility Criteria specific to the Retail, Hospitality and Leisure Grant Funds (Schemes 2a and 2b)
8.1 For both schemes 2a and 2b, grants will only be awarded where the general criteria specified in section 5 are met in addition to the following: (a) Hereditaments which, on the 11 March 2020 had a rateable value of less than £51,000 and would have been eligible for a discount under the Non-Domestic Rates Expanded Retail Discount Scheme (please see the Council’s Non-Domestic Rating Discretionary Relief Policy for details), had that scheme been in force for that date, are eligible for the grant; (b) Charities, Community Amateur Sports Clubs (CASC’s) and Charity Shops which would otherwise meet these criteria, but whose bill on 11 March had been reduced to nil by a local discretionary award made by the Council, will still be considered to be eligible for the grant; (c) In line with the restrictions in the Expanded Retail Discount Scheme, the Council may not award the grant to itself or to any precepting authority.
9.0 How will grants be provided to Ratepayers?
9.1 The Council is fully aware of the importance of these grants to assist businesses and support the local community and economy. These grant schemes will offer a lifeline to businesses who are struggling to survive due to the corona virus shutdown. The Council will make every attempt to identify all eligible Ratepayers as quickly as possible and to make the correct level of payment to them.
9.2 Whilst no formal application is required (as the Council will identify eligible Ratepayers), there will be a requirement for some businesses to provide some information where this is not already held by the Council. In the main, this information will be used to ensure that payment can be made promptly (e.g. bank details) and, in certain cases to ensure that the grant is paid to the correct Ratepayer.
9.3 Full details of how the Council is to administer the grant can be found on the Council’s website https://www.northdevon.gov.uk
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9.4 Central Government is providing funding for the grant schemes, but it is the responsibility of the Council to ensure that payments are made promptly and to delivery monies to eligible Ratepayers.
10.0 Effect on the Council’s Finances
10.1 All monies paid through the grants system will be funded by Central Government and paid to the Council under S31 of the Local Government Act 2003
11.0 EU State Aid requirements
11.1 The Small Business Grant is given as de minimis aid under the De Minimis Regulation (COMMISSION REGULATION (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid1) or Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak published on 19 March 2020 [delete as applicable].
11.2 The Retail, Hospitality and Leisure Grant is given as aid under the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak published on 19 March 2020.
11.3 These grants are required to comply with the EU law on State Aid.2 This will involve the Ratepayer declaring to the Council if they have received any other de minimis State aid or aid provided under the EU Commission Covid-19 Temporary Framework.
11.4 If the Ratepayer has not received any other de minimis State aid, they are not required to make that declaration to the Council to complete any declaration.
1 https://ec.europa.eu/competition/state_aid/what_is_new/sa_covid19_temporary-framework.pdf 2 Further information on State Aid law can be found at https://www.gov.uk/state-aid
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12.0 Scheme of Delegation
12.1 This policy has been approved by the Council. However, the Revenues and Benefits Manager is authorised to make technical scheme amendments to ensure it meets the criteria set by the Council and, in line with Central Government guidance.
13.0 Reviews of Decisions 13.1 In any case where wither a grant is refused or there is a dispute in relation to the level of grant awarded, the Ratepayer may request a review in writing or by email.
13.2 The Revenues and Benefits Manager shall undertake the review and shall respond within one month and will have regard to any further evidence supplied.
14.0 Refusing a grant
14.1 Ratepayers are not obliged to accept the grant. Any Ratepayer who is not prepared to accept the grant should sign a ‘Refusal of Grant’ form and return it to the Council. The Council will arrange for any grant paid to the Ratepayer to be recovered.
15.0 Other grant conditions
15.1 The Council has been informed by Treasury that all grants are taxable. Ratepayers should make their own enquiries to establish any tax position or liability.
16.0 Managing the risk of fraud
16.1 Neither the Council, nor the Government will accept deliberate manipulation of the scheme and fraud. Any Ratepayer caught falsifying their records to gain additional grant money will face prosecution and any funding issued will be subject to claw back, as may any grants paid in error.
17.0 Post-Payment Reporting
17.1 The Council is required, on a weekly basis, to report to Central Government a range of information relating to how many eligible businesses received grants and the amount granted for each of the schemes. Ratepayers should note that, where a grant is paid by the Council, details of each individual grant may be passed to government department.
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North Devon District Council
S13A (1) (c) Local Government Act 1992 Policy
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Contents
1.0 Introduction ...... 3 2.0 Legislation ...... 3 3.0 Finance ...... 4 4.0 The Council Tax Hardship Fund (COVID-19) ...... 4 The Council’s Policy in respect of the Council Tax Hardship Scheme (COVID-19) ...... 5 5.0 The Flood Recovery Framework ...... 6 The Council’s Policy in respect of the Flood Recovery Framework ...... 7 6.0 Applications for S13A (1) (c) in other cases ...... 8 7.0 Delegated Powers ...... 8 8.0 Notification ...... 8 9.0 Review of Decisions ...... 9 10.0 Duration of Reduction ...... 9 11.0 Changes in circumstances and misrepresentation ...... 10
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1.0 Introduction
1.1 The following policy outlines the Council’s approach to granting discretionary reductions in liability for Council Tax under S13A (1) (c) of the Local Government Finance Act 1992 (as amended). The Council has the ability to the reduce liability for Council Tax in relation to individual cases or class(es) of cases that it may determine where national discounts and exemptions cannot be applied.
1.2 This policy is basically divided into three main areas namely:
(a) The Council Tax Hardship Fund – this part of the policy covers the recent initiatives by Central Government to assist taxpayers who are suffering financial hardship due to the onset of the Corona virus (COVID-19); (b) The Flood Recovery Framework – this part of the policy covers situations outlined by Central Government where any parts of the Council’s area were to be designated as a designated flood area; and (c) Granting of reductions in Council Tax liability in all other circumstances - this part of the policy applies to all other circumstances where an application is made to the Council for a reduction in Council Tax liability under S13A (1) (c) of the Local Government Finance Act 1992 other than in respect of (a) and (b) above.
2.0 Legislation
2.1 The relevant legislation (S13 of the Local Government Finance Act 1992 as amended by the Local Government Finance Act 2012), states the following:
Reductions by billing authority (1) The amount of council tax which a person is liable to pay in respect of any chargeable dwelling and any day (as determined in accordance with sections 10 to 13); (a)in the case of a dwelling situated in the area of a billing authority in England, is to be reduced to the extent, if any, required by the authority's council tax reduction scheme; (b)in the case of a dwelling situated in the area of a billing authority in Wales, …… (c)in any case, may be reduced to such extent (or, if the amount has been reduced under paragraph (a) or (b), such further extent) as the billing authority for the area in which the dwelling is situated thinks fit.
2.2 The provisions stated in (c) above, allows the Council to reduce the Council Tax liability for any taxpayer in addition to any application for Council Tax Reduction under the Council’s scheme. This is a general power that has always been available to the Council.
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3.0 Finance
3.1 Any amounts granted under S13A (1) (c) are normally financed through the Council’s general fund and do not form part of the collection fund. In certain circumstances, Central Government provides funding directly to the Council to compensate for specific events such as the COVID-19 crisis and in the case of severe flooding. Where this is available, the Council will look to use all funding provided.
3.2 Any additional assistance, outside of the funding, would fall to be paid by the Council itself.
4.0 The Council Tax Hardship Fund (COVID-19)
4.1 Central Government have announced a number of recent initiatives to assist taxpayers who are suffering financial hardship due to the onset of the Corona virus (COVID-19) and have provided funds to the Council under S31 of the Local Government Act 2003 with the proviso that all monies are paid strictly in accordance with S13A (1) (c) of the Local Government Finance Act 1992 and in line their guidance issued on 25th March 2020.
4.2 The funds named by Central Government as the ‘Council Tax Hardship Fund’ are designed to meet the immediate needs of all taxpayers who are currently claiming Council Tax Reduction (CTR) under S13 A (1) (a) of the Local Government Finance Act 1992. The funds are primary designed to assist working age applicants with payment of their Council Tax.
4.3 This is particularly important given that working age applications are required to make a ‘minimum payment’ of Council Tax of 20% under the Council’s working age scheme
4.4 It is essentially down to individual authorities to determine how to use the funds however, Central Government through the Ministry of Housing, Communities and Local Government (MHCLG) state that, in order to retain the funding, Councils must look to use monies as directed by them.
4.5 The scheme guidance issued by MHCLG states the following:
(a) The Government’s strong expectation is that billing authorities will provide all recipients of working age local Council Tax Reduction during the financial year 2020/21 with a further reduction in their annual council tax bill of £150, using their discretionary powers to reduce the liability of council taxpayers outside of their formal scheme design; (b) Where a taxpayer’s liability for 2020/21 is, following the application of Council Tax Reduction, less than £150, then their liability would be reduced to nil;
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(c) Where a taxpayer’s liability for 2020/21 is nil, no reduction to the Council Tax bill will be available; (d) There should be no need for any recipient of Council Tax Reduction to make a separate claim for a reduction under this scheme. The billing authority should assess who is eligible for support from the hardship fund and automatically rebill those council taxpayers; (e) Whether or not a taxpayer has been affected by COVID-19, directly or indirectly, should not be taken into account in assessing eligibility for this reduction; (f) The Government recognises that existing support mechanisms vary locally, including CTR schemes, discretionary Council Tax discount/hardship schemes and local welfare schemes; (g) Having allocated grant to reduce the Council Tax bill of working age Council Tax Reduction recipients by a further £150, billing authorities should establish their own local approach to using any remaining grant to assist those in need. Billing authorities will want to revisit their broader approach at intervals during the financial year, in order to ensure expenditure for 2020/21 remains within their allocation; (h) In determining any broader approach to delivering support, authorities are best placed to reflect on the financial needs of their most vulnerable residents. In doing so, they may wish to consider using their remaining grant allocation as part of wider local support mechanisms. These may include, but are not restricted to:
(i) Council Tax relief using existing discretionary discount/hardship policies (adapted where necessary in order to capture those most likely to be affected by COVID-19); (ii) Additional support outside the Council Tax system through Local Welfare or similar schemes; and (iii) A higher level of Council Tax Reduction for those working age Council Tax Reduction recipients whose annual liability exceeds £150.
(i) The Government is keen to ensure that support is provided as quickly as possible to individuals who are eligible. It therefore considers that there is a strong case for councils to provide the support ‘up front’ to enable the maximum benefit to be delivered promptly. However, the Government recognises that in some cases, authorities may consider that the most effective assistance could be profiled across the year.
The Council’s Policy in respect of the Council Tax Hardship Scheme (COVID-19)
4.6 The Council is keen to support all taxpayers within the area and, as such, will implement the scheme strictly in accordance with Central Government guidelines by taking the following actions:
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(a) An amount of up to £150 will be credited to the Council Tax account of all working age applicants who are in receipt of Council Tax Reduction on 1st April 2020 (it should be noted that where any residual liability of any taxpayer is less than £150, then an amount will be granted to ensure that the liability is reduced to zero). There will be no requirement for any taxpayer to apply for this initial award and it shall be automatically applied to their account; and (b) Where the taxpayer is not entitled to Council Tax Reduction on 1st April 2020 but subsequently becomes entitled, or in such other cases where any taxpayer is experiencing hardship due to the COVID-19 crisis, an application for assistance may be made to the Council. In such cases, the Council will either contact the taxpayer directly (on receipt of a new claim for CTR) or will accept applications directly from taxpayers.
4.7 In line with Central Government guidance, the funding shall be used initially for (a) above and any residual monies shall be used for cases falling with section (b).
5.0 The Flood Recovery Framework
5.1 In a severe weather event with significant wide area impacts, local authorities may need central support to help their communities and businesses return to normal. Building on these principles, a core package of business and community recovery support has been developed by Central Government to serve as a framework for flood recovery funding when needed.
5.2 It will be for Government Ministers to determine when this support will be made available. Weather incidents with localised impacts will not usually trigger a recovery support package.
5.3 In relation to Council Tax, Central Government have developed a Council Tax discount package that is available under S13A (1) (c).
Who is eligible for a council tax discount?
5.4 Where the Council Tax Discount Scheme is activated following severe weather, MHCLG will refund eligible local authorities for granting discounts in the following circumstances:
(a) 100% discount for a minimum of 3 months, or while anyone is unable to return home if longer, for primary residences whereas a result of the relevant weather event: § Flood water entered into the habitable areas; or, § Flood water did not enter into the habitable areas, but the local authority regards that the residence was otherwise considered unliveable for any period of time. AND (b) 100% council tax discount on temporary accommodation for anyone unable to return to their home, in parallel with the discount on their primary residence where applicable.
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5.5 Second homes and empty homes will not be eligible.
5.6 Instances where households might be considered unliveable could include:
§ where access to the property is severely restricted (e.g. upper floor flats with no access); § key services such as sewerage, draining, and electricity are severely affected; § the adverse weather has resulted in other significant damage to the property such that it would be, or would have been, advisable for residents to vacate the premises for any period of time, regardless of whether they do vacate or not; § flooded gardens or garages will not usually render a household eligible but there may be exceptions where it could be demonstrated that such instances mean effectively that the property is unliveable.
5.7 It will be for the Council to determine eligibility under the scheme.
Properties affected by multiple instances of flooding
5.8 Residences impacted in multiple flood events will not be precluded from repeat support where this is made available by Government in respect of separate weather events.
5.9 Where the scheme is activated for two separate instances of flooding within 3 months of each other, the two discount periods will run concurrently. For example, if the second flood event occurred after 2 months, flooded properties already receiving support could be eligible for another 3 months’ discount, making the total period of reimbursement 5 months.
Funding
5.10 In such cases, Central Government will make payment to the Council via a Section 31 grant.
The Council’s Policy in respect of the Flood Recovery Framework
5.11 The Council shall operate the scheme strictly in accordance with Central Government guidelines.
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6.0 Applications for S13A (1) (c) in other cases
6.1 Where the Council receives an application for a reduction in liability in any other case (other than listed within the Central Government sponsored scheme specificied above), all applications will be treated on their individual merits.
6.2 In such cases, the Council will require the applicant (where appropriate) to: § Make a formal application for Council Tax Reduction in an appropriate format; § Consider potential changes in payment methods and payment arrangements; § Assist the Council to minimise liability by ensuring that all discounts, exemptions and reductions are properly granted; § Maximise their income through the application for other welfare benefits; § Have taken all reasonable steps to resolve their situation prior to application; § Provide evidence of exceptional financial hardship or exceptional personal circumstance that would merit a reduction in the Council Tax liability; and § Not have access to assets, capital or other financial remedy that could be used to meet the Council Tax liability;
6.3 The circumstances affecting the ability to meet Council Tax liability must not be intentional by the applicant and must be deemed to be out of the applicant’s individual control.
7.0 Delegated Powers
7.1 This S13A (1) (c) policy has been approved by the Council. However, the Revenues and Benefits Manager is authorised to make technical scheme amendments to ensure it meets the criteria set by the Council and, for certain defined schemes, Central Government guidance.
8.0 Notification
8.1 In the case of the Council Tax Hardship Scheme (COVID-19), all eligible taxpayers will be notified of the decision to apply any reduction as soon as possible after it has been made and any award will be by means of a discount being applied to the relevant Council Tax account.
8.2 In all other cases, the Council will issue a written decision letter to the applicant within one month of the request or as soon as practicable thereafter. This will include: § the level of the award, if relevant; § full reasons for the decision; § how it will be paid; and § information about how to ask for a review of the decision.
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9.0 Review of Decisions
9.1 Notwithstanding any reductions applied automatically to the Council Tax account, where any application is refused, the applicant will be notified that they can ask for the decision to be reviewed. Any request for a review must be made, in writing or by email, within one month of the decision letter.
9.2 The Revenues and Benefits Manager shall undertake the review and shall respond within two months and will have regard to any further evidence supplied.
9.3 If the applicant is dissatisfied with the outcome of the review, they can, within two months of the Council’s reply, appeal to the independent Valuation Tribunal Service to consider their case.
10.0 Duration of Reduction
10.1 The duration of any award will depend of the circumstances of each case. However, in all cases the following principles will apply:
(a) Where the reduction is applied under a Central Government Scheme, the reduction shall be applied to the Council Tax account for the period specified in Government guidance; (b) In all other cases, (i) the application for the reduction can only relate to the current Council Tax financial year in which the application is made unless the delay was due to an exceptional circumstance; and (ii) If an application is successful, the award period will be specific to the applicant’s circumstances, but it cannot exceed a period greater than the financial year it has been awarded in or exceed the total Council Tax charge for that period.
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11.0 Changes in circumstances and misrepresentation
11.1 A reduction in liability under S13A (1) (c) can be recovered if it has been made as a result of misrepresentation or failure to disclose a material fact, either fraudulently or otherwise. It can also be recovered as a result of the subsequent application of a national discount or adjustment in banding by the Valuation Office Agency
11.2 Changes of circumstances that subsequently negate the need for a reduction in liability under this policy will be recovered by the Council.
11.3 Reductions in liability are not transferable following a change in address.
11.4 The Council reserves the right to recover any reductions in liability as a result of a change in legislation or regulation.
11.5 The Council is mindful that it is important to protect public funds and, as such, will take action to prosecute any case where the applicant acts fraudulently in applying for a reduction in Council Tax liability.
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LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No:
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT: HARDSHIP RELIEF FUND
2) REQUESTED DECISION: a. Approval of policy, b. Approval of grants as set out below, c. Approval of contract to be entered into with Driving Miss Daisy and d. Delegation of power to take decisions to provide assistance in accordance with the policy to the Customer Services Manager or in her absence, any officer deputising for her.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT: As part of the Covid 19 response and to assist the community, DCC have awarded funding to each District Council to enable them to assist the economically vulnerable within each district area. The total funding provided to North Devon Council will be £120,865. The intention of the policy is to assist individuals and families to cope with immediate financial hardship arising from the Covid-19 crisis. This could include emergency funds to assist with fuel costs, replacement of white goods and provision of food. As part of the policy, it is proposed that grants of £12,000 and £15,000 be awarded to the North Devon Foodbank and the Salvation Army respectively. This will enable those organisations to continue providing vital assistance.
Part of the response that the policy allows for is to provide assistance with travel to essential hospital or medical appointments. To enable that to happen, the Council has agreed with a local taxi firm for them to provide the service with the cost being recharged to the Council.
Given the fact that the purpose of the policy is to provide urgent assistance, it would not be appropriate to have a lengthy process to take decisions. It is therefore proposed that power be delegated to the Customer Services Manager to take decisions as this will provide the most immediate response to someone ringing or attending the Council offices seeking assistance.
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4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed). There are none, other than administrative costs, as the fund is provided by DCC
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Refusal to participate was considered but rejected as that approach would provide no assistance to people of ND
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED: None
7) A NOTE OF ANY DISPENSATION IF GRANTED:
N/A
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
Policy
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) Y 11.5.20 Chair of Committee (with the Y 11.5.20 Authority to take the decision) (or Vice-Chair) Lead Member Y 8.5.20 Ward Member(s) N/A Head of Service (name) CEX Finance Y Legal Y
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11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE: Customer Services Manager
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION: 12th May 2020
14) CHIEF EXECUTIVE’S COMMENTS:
Supporting the decisions as the introduction of the policy enables financial assistance to be given to vulnerable in the area.
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
1st June 2020
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
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Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
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LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No:
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT: Financial Assistance for Parkwood Leisure during the COVID 19 crisis
2) REQUESTED DECISION: That financial assistance of up to £40k is made available to assist North Devon Councils (NDC’s) leisure contractor (Parkwood Leisure,) during the COVID 19 lockdown.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT: Since central govt ordered the closure of public leisure facilities on March 20th 2020, Parkwood Leisure has received no income from the three leisure facilities it operates on behalf of NDC under the North Devon Leisure Contract and Tarka Tennis Centre Contract. Other than benefiting from the government furlough scheme, Parkwood (like other leisure operators in the UK) are exempt from most of the government’s Covid 19 emergency support packages. Despite 97% of their staff being furloughed and utility consumption reduced to a minimum at the leisure facilities, the North Devon Contract is currently losing between £35k - £40k per month. The current leisure and tennis centre contracts expire on Sunday 3rd May 2020 and without financial assistance from NDC to cover the losses outlined above, Parkwood will not be in a position to enter into the interim contract arrangements (as previously agreed at the March 2020 Strategy & Resources Committee meeting). The interim contract arrangements have been organised to ensure leisure services continue to be provided during the period between the expiry of the existing contracts and the opening of the new leisure centre when its construction is complete in Feb 2022. An urgent decision is needed to provide Parkwood with the reassurance of financial support from the authority it needs, to enable it to enter into the interim contract arrangements on Sunday 3rd May with NDC. There is no time to wait for the next Strategy & Resources Committee to consider this decision as the next meeting is May 4th when the current leisure and tennis centre contracts and leases will have expired.
4) FINANCIAL IMPLICATIONS:
The maximum amount of support Parkwood is requesting to cover contractual losses for the next month is £40k. This sum can be vired from an existing, leisure
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centre Response Maintenance budget into a leisure subsidy code and made available to pay to Parkwood upon application. Any payment made to Parkwood will be subject to the terms and conditions of the interim contract, which follows the principals of the governments Procurement Policy Notes 02/201 (PPN 02/20) on supplier relief during the COVID 19 crisis. These terms mitigate against contractors claiming relief from local authorities without them first exhausting all other options for assistance and ensures they are not financially better off than they would be when operating under normal conditions. The interim contract also dictates that the authority will only make a payment if it has the financial means to do so.
The maintenance budget from which the £40k will be taken is currently used for both leisure facility and theatre repairs. The budget should still be adequate to cover repairs for the rest of the financial year but there is a low risk that the budget will be insufficient if we experience a high number of unexpected maintenance issues.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED: If the funds and financial assistance are not made available, Parkwood will not be in a position to enter into the interim contract and the leisure facilities will either have to close indefinitely or be run in house by NDC from Monday 4th May. Keys will be handed back on Monday and NDC will become responsible for running the facilities in house with immediate responsibility for all utilities, rates, maintenance and staffing. This is likely to exceed the £40k per month costs associated with providing support to Parkwood so has been rejected.
The other alternatives are to either close the facilities indefinitely and no longer provide leisure services or retender an interim, 18-month contract to run the facilities.
Closing the centres is not considered acceptable and it is unlikely any leisure provider would be interested in tendering for such a short contractual period (particularly in light of the current COVID 19 crisis,) so both of these alternative solutions are rejected.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None
7) A NOTE OF ANY DISPENSATION IF GRANTED:
None
Page 194 Agenda Item 14 Appendix A
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council Yes 29/04/20 Chair of Committee (with the Yes 29/04/20 Authority to take the decision) (or Vice-Chair) Lead Member N/A Ward Member(s) N/A Head of Service (Ken Miles) Yes 30/04/20 Finance Yes 30/04/20 Legal Yes 30/04/20
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Contracts Delivery Manager
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION: 30th April 2020
14) CHIEF EXECUTIVE’S COMMENTS: I feel that ensuring the maintenance of the current leisure provision is very important and it is clear from current government guidance that it expects local authorities to financially support leisure providers to maintain that continuity. For NDC the
Page 195 Agenda Item 14 Appendix A
situation is more important as our current leisure provider is also the successful bidder for the new facility.
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
1st June 2020
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
Page 196 Agenda Item 14 Appendix A
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 197 This page is intentionally left blank Agenda Item 14 Appendix B
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/01 NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Hackney Carriage and Private Hire MOTs and Garage Tests.
Temporary derogation to Hackney Carriage and Private Hire Licensing Policy 2016, due to implications of Covid-19.
2) REQUESTED DECISION:
A temporary amendment is sought to North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016, due to the impact of Covid-19.
The current policy cites that those persons making an application for a hackney carriage or private hire proprietor’s licence should accompany this with a valid MOT. It is also the positon that a valid MOT must be in place for the duration of a licence.
In addition to an MOT, both hackney carriage and private hire vehicles must be garage tested once a year until they are 6 years old and twice per year thereafter, by an authorised MOT examiner at an MOT station.
Sections 3.1, 3.8, 7.10, 18.1, and 18.2 of the Council’s policy refer to the above, for which a temporary derogation is proposed. The following text is suggested to be placed on the Council’s website:
MOTs for Hackney Carriage and Private Hire Vehicles
The Department for Transport has released guidance in relation to vehicle MOTs. From 30 March 2020, MOT due dates for cars, motorcycles and light vans will be extended by 6 months, and lorries, buses, and trailers for 3 months. This is being done to help prevent the spread of coronavirus.
You will be aware that the Council does not have a nominated MOT testing station, any authorised MOT station can be used. The Government has not taken a decision to close MOT stations, garages or repair shops due to the risks posed by vehicles continuing to be used. As such, if appropriate testing stations remain open, then taxis and private hire vehicles should remain in possession of a current MOT.
We are mindful that the current situation is unprecedented, and as such if issues arise in gaining tests, we would wish to further note, that vehicles must be in a roadworthy condition for the exemption to be valid. Therefore it is just as important now as it has always been, that drivers ensure that the vehicle they are using is FULLY compliant with the law and that any
Page 199 Agenda Item 14 Appendix B identifiable defects such as blown bulbs, defective tyres etc. are repaired. If you are not able to have the vehicle repaired so that it is in a roadworthy condition, it must be withdrawn from service.
Hackney carriage and private hire vehicle inspections The Council’s policy indicates that a hackney carriage or private hire vehicle shall be tested once per year until it is 6 years old, and thereafter twice per year, at six monthly intervals. The test must be carried out by an authorised MOT examiner at an approved MOT testing station, and conducted against the prescribed inspection checklist. This is in addition to an MOT, which for Hackney Carriages is required at 1 year old and thereafter for taxis and at 3 years old and thereafter for private hire vehicles. Due to fact that garages are not being required to close, the same principles will apply in that if a test can still be undertaken, it should be completed. However if a situation arises whereby garage tests are unable to be undertaken, the same extension of time as for MOT test periods (six months) will also be applied to garage tests.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
The guidance issued by the Department for Transport in respect of MOT tests creates a new situation in respect of MOT periods.
Due to Covid-19; the above extension on MOT periods; and the fact that garages undertaking MOTs and garage tests may be compromised in forthcoming weeks, there needs to be clarity surrounding whether this new extension applies. Also the policy needs to build in flexibility in case of garages closing due to absenteeism.
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
None.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
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7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT.
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
27.03.2020
14) CHIEF EXECUTIVE’S COMMENTS:
These are necessary changes in the light of the current crisis
Page 201 Agenda Item 14 Appendix B
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE: 1st June 2020
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 202 Agenda Item 14 Appendix C
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/02
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Medical Examinations for Taxi and Private Hire Drivers.
2) REQUESTED DECISION:
The Council’s Hackney Carriage and Private Hire Licensing Policy cites:
A medical certificate is required before a licence may be granted, irrespective of the age of the applicant. A DVLA Group 2 standard of medical fitness for professional drivers is required. Certificates must be completed by an applicant’s registered GP, or a GP from their registered practice, who has access to an applicant’s medical records.
Drivers must produce to the District Council at the Licensing Office a new medical certificate within seven days of the date of the expiry of a previous certificate.
Any applicant or licence holder must be medically examined every 5 years, whilst individuals of 65 years and over, must be examined annually.
Licence holders must immediately advise the Council of any deterioration of their Health that may affect their driving capabilities and which may negate their ability to pass a Group 2 medical standard examination. Examples include high blood pressure, angina, diabetes, vision disorder, fainting, blackouts, drug taking or alcoholism. Where there is any doubt as to the medical fitness of the applicant, the Council may require the applicant to undergo and pay for a further medical examination by a Doctor appointed by the Council. The Doctor’s recommendation will be final.
In light of the pressures on GP surgeries, compliance with the above is problematic due to non-availability of medical certification. Many authorities have taken the stance to temporarily suspend the medical requirements contained in their policies, and some have introduced a self-declaration (something similar is currently used for diabetic drivers).
Moreover, from the 17 April 2020 The Department for Transport has relaxed the requirement surrounding medicals for lorry drivers, and under a new scheme lorry drivers will be able to receive a temporary one year licence, providing they do not have any medical conditions that affect their driving and their current licence expires in 2020.
Page 203 Agenda Item 14 Appendix C
It is proposed that a Group 2 Medical Self Declaration form is introduced for drivers wishing to make renewal applications, which will then be followed up by the Council’s Occupational Health Advisor in the case of any queries. This proposed policy derogation is suggested as temporary measure, to be utilised only if a GP from the applicant’s medical practice is unable to perform a Group 2 medical.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
None.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20
Page 204 Agenda Item 14 Appendix C
Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT.
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION: 27th March 2020
14) CHIEF EXECUTIVE’S COMMENTS: The change is needed to reflect the current difficulties
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
Page 205 Agenda Item 14 Appendix C
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 206 Agenda Item 14 Appendix D
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/03
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Proposed derogation to the Council’s Hackney Carriage and Private Hire Licensing Policy 2016 concerning maximum age of hackney carriage vehicles.
2) REQUESTED DECISION:
The Council’s Hackney Carriage and Private Hire Licensing Policy 2016 cites:
‘Officers are not empowered to refuse an application for a licence. Accordingly where an application for the grant of a hackney carriage licence is made when the vehicle in question is more than 5 years old, the application must be referred to the Licensing Sub-Committee for consideration. The presumption is that licences will not be granted for vehicles over 5 years old, but each application will be considered on its own merits. Factors such as the condition of the vehicle, and the mileage will be relevant.’
Vehicle proprietors have requested to surrender vehicle licences in light of lack of trade due to Covid-19, however are concerned by the above and whether they will be able to licence their hackney carriage vehicles again if they are in excess of 5 years old.
In terms of a derogation it is suggested that the Council should provide assurance to vehicle proprietors that if a licence is surrendered, and provided an application is received for a further grant of the same vehicle in 2020/21, then this Policy requirement will be waived.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
Page 207 Agenda Item 14 Appendix D
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
None.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Page 208 Agenda Item 14 Appendix D
Jeremy Mann via SMT.
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
27/03/20
14) CHIEF EXECUTIVE’S COMMENTS: The changes are necessary as a result of the current crisis
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
To be confirmed.
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
Page 209 Agenda Item 14 Appendix D
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 210 Agenda Item 14 Appendix E
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/04
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Licensing of new or replacement hackney carriage and private-hire vehicles when social distancing measures due to Covid-19 are in place.
2) REQUESTED DECISION:
When a hackney carriage or private hire vehicle is licensed, checks are ordinarily made by officers in respect of the operation of the top light; condition of body work, and interior; presence of fire extinguisher; first aid kit, etc.
Additionally a meter test is undertaken to ensure that the taximeter is calibrated effectively, and there is no risk of over-charging members of the public.
In light of the impact of Covid-19, it is not proposed to enter vehicles at this time to undertake these checks or complete a meter test (which entails an accompanied drive over a measured half mile), and therefore a derogation from the current procedure and Council’s Hackney Carriage and Private Hire Licensing Policy 2016 is proposed as follows:
Officers will ask for photographs to evidence vehicle condition inside and out; presence of meter; top light (on and off); fire-extinguisher; and first aid kit.
Plates will be sent out in the post.
No meter test will be undertaken, and meters will remain unsealed.
NOTE: The plate on a vehicle deemed of paramount importance in terms of public confidence and enforcement of the licensing regime, and as such the above derogation is only proposed in circumstances where vehicle plates can continue to be made up by Customer Services/Licensing staff.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient.
Page 211 Agenda Item 14 Appendix E
Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
None.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
North Devon Council’s Hackney Carriage and Private Hire Licensing Policy 2016.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 1st May 2020 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 01/04/2020 Finance Yes 01/04/2020
Page 212 Agenda Item 14 Appendix E
Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
01/04/2020
14) CHIEF EXECUTIVE’S COMMENTS: This is a necessary decision to take in the light of the current crisis
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
To be confirmed.
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
Page 213 Agenda Item 14 Appendix E
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 214 Agenda Item 14 Appendix F
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/05
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Badges and Plates for Licensed Hackney Carriage and Private Hire Vehicles.
2) REQUESTED DECISION:
Whilst at this present time a system is being maintained to issue plates and badges for licensed taxi and private hire vehicles, and their drivers, there is concern that with the impact of Covid-19 the Council may reach a position whereby it is not be possible to issue a plate or drivers badge due to staff absenteeism.
The Council’s Hackney Carriage and Private Hire Policy references the issue of plates and badges, and the requirements surrounding their display. If badge and plate make up is compromised, it is suggested that the Council issue a temporary licence by way of email, and a letter to the driver or proprietor concerned that they can present this to clients using their vehicles.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Page 215 Agenda Item 14 Appendix F
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
None.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT.
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
27.03.20
14) CHIEF EXECUTIVE’S COMMENTS:
Page 216 Agenda Item 14 Appendix F
The change is required in order to maintain the service under the current crisis
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
To be confirmed.
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 217 This page is intentionally left blank Agenda Item 14 Appendix G
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/06
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Refund of fees for hackney carriage vehicles, drivers and operators due to the impact of Covid-19.
2) REQUESTED DECISION:
Queries have arisen in terms of fees for hackney carriage vehicles, drivers and operators, and whether if licences are surrendered (due to implications of Covid-19) the Council will refund fees.
Fees in this instance are locally set, and are substantial in terms of their cost. The proposal is that if an individual wishes to surrender a licence until its expiry, due to concerns over transporting passengers etc., and then they re-apply, the Council allow them the pro-rata fee (according to the licence period remaining) off a future licence application (for the same licence), if made in the 2020/2021 financial year.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to implement policy changes via Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
There is likely to be an impact on the taxi and private hire licensing budget, however due to the fact that the number of drivers wishing to surrender their licences or their vehicle or operator licences is unknown, it is not at this point possible to provide full detail in terms of the financial impact of this decision.
Page 219 Agenda Item 14 Appendix G
In light of the fact that it is not proposed to make any immediate refunds, there will be no impact until such time as any subsequent application is made to the Council, (when a reduced fee will be received).
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
To make no refund of a driver, vehicle or operator fee in the manner proposed, or to make an immediate refund.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
None.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT
Page 220 Agenda Item 14 Appendix G
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
27/03/20
14) CHIEF EXECUTIVE’S COMMENTS: The change is needed to support the trade during the current crisis.
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
To be confirmed.
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
Page 221 Agenda Item 14 Appendix G
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 222 Agenda Item 14 Appendix H
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No: L/07
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT:
Fees for Temporary Event Notices (TENs).
2) REQUESTED DECISION:
Queries have arisen as to whether persons having given notice of a Temporary Event are able to receive a refund if their event is cancelled due to the impact of Covid-19. Some other local authorities have processed refunds in this way.
The fee for a TEN fee is prescribed under the Licensing Act 2003 (£21). It is suggested that it would not be appropriate to refund applicants this fee, and moreover the legality surrounding refunds of fees under the Licensing Act 2003 is questioned.
The Council has never paid out in this manner previously when an event has been cancelled. In light of the fact that the administration of the TEN costs more than the fee imposed, the suggestion is that the Council solely allow the withdrawal of the notice to avoid TEN numbers being taken up, and request a new application for a future date if the event is postponed.
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT:
Covid-19 is impacting the UK at an unprecedented rate, and the usual systems available to make policy decisions via the Licensing and Community Safety Committee, Strategy and Resources Committee and Full Council are not expedient. Given the circumstances many of these meetings are compromised due to social distancing precautions being now in place, it is believed that the most appropriate way forward is for an urgent decision to be made.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
There are none.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Page 223 Agenda Item 14 Appendix H
None.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None.
7) A NOTE OF ANY DISPENSATION IF GRANTED:
Not applicable.
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
None.
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) No 27.3.20 Chair of Committee (with the No Authority to take the decision) (or Vice-Chair) Lead Member No Ward Member(s) No Head of Service (Jeremy Mann) Yes 27.03.20 Finance Yes 27.03.20 Legal No
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE:
Jeremy Mann via SMT.
12) APPROVED BY CHIEF EXECUTIVE: YES
13) DATE OF DECISION:
27.03.20
14) CHIEF EXECUTIVE’S COMMENTS:
Page 224 Agenda Item 14 Appendix H
The change is needed in the light of the current crisis.
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
To be confirmed.
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 225 This page is intentionally left blank Agenda Item 14 Appendix I
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No:
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT: Car Parking and Public Toilets
2) REQUESTED DECISION: To commence charging in certain car parks and to reopen certain public conveniences
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT: This decision is urgent as the latest government announcements have relaxed lockdown measures from 11th May and so the area can expect to now see more traffic movements and potentially more visitors from outside the area. Concern has been expressed about the fact that providing free car parking may encourage more people to use the beaches and parks and there are also concerns that if people are using these facilities more, public health issues could arise if public toilets are not open.
Car Park surveys have not shown an increase in usage although another survey is being carried out on Saturday 16th May.
The decision is to commence charging in coastal car parks from the 23rd May and also to re-open coastal toilets and those serving parks from the same date if possible.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
There has been a significant financial implication in not charging in car parks although even if charging had continued, income would have been substantially reduced.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
To continue closure. Keeping toilets closed will cause public health issues if the numbers of users increases. Not charging in car parks can be seen as an encouragement to visitors and many concerns are being raised about this.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
Page 227 Agenda Item 14 Appendix I
None
7) A NOTE OF ANY DISPENSATION IF GRANTED:
None
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
9) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) Y 14/5/20 Chair of Committee (with the Authority to take the decision) (or Vice-Chair) Lead Member Y 14/5/20 Ward Member(s) Head of Service (name) Finance Legal
10) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE: Chief Executive
11) APPROVED BY CHIEF EXECUTIVE: YES
Supported by SMT and by Group Leaders
12) DATE OF DECISION:
14th May 2020
13) CHIEF EXECUTIVE’S COMMENTS:
On balance, and after consulting with Group Leaders, I am of the view that coastal car parks should not become chargeable and that toilets serving these areas
Page 228 Agenda Item 14 Appendix I
should now open, provided the relevant safety measures can be taken to protect the public and the staff.
14) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
1st June 2020
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 229 This page is intentionally left blank Agenda Item 14 Appendix J
LOCAL GOVERNMENT ACT 2000
REGISTER OF URGENT DECISIONS TAKEN BY THE
CHIEF EXECUTIVE Reference No:
NORTH DEVON COUNCIL CONSTITUTION – Part 3 Annexe 2: Officer Delegations – Chief Executive
1) SUBJECT: Car parking and Toilets
2) REQUESTED DECISION: Cease charging on Council car parks and close public toilets
3) STATEMENT OF THE REASONS FOR THE REQUEST AND WHY IT IS URGENT: This decision is urgent as it reflects the current crisis. The decision is being made to ensure that social distancing measures are implemented and also to protect staff from collecting cash and cleaning potentially infected areas.
4) FINANCIAL IMPLICATIONS: (NOTE: Please state if there are any financial implications. If so, state whether there are sufficient funds within the agreed budget. If there are insufficient funds please state how the decision will be financed).
There is a significant financial implication in not charging in car parks. This is around £260k per month. However, most Councils are either not charging or not enforcing.
Even if we carried on charging, income would be down as shops are shut and people are isolating.
5) ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Not enforcing. The difficulty with this is that if people think that they still have to pay, they will do so and we will then have the issue of cash collection.
6) A RECORD OF ANY CONFLICT OF INTEREST DECLARED:
None
7) A NOTE OF ANY DISPENSATION IF GRANTED:
None
Page 231 Agenda Item 14 Appendix J
8) LIST OF BACKGROUND PAPERS (but not including published works or those which disclose exempt or confidential information (as defined in paragraph 10.4 and 10.5 of the Access to Information Procedural Rules Part 4 of the Constitution):
10) CONSULTATION UNDERTAKEN:
The following have been consulted on this urgent decision:
Consultee Consulted Date Yes/No Leader of Council (or Deputy Leader) Y 24.3.20 Chair of Committee (with the Authority to take the decision) (or Vice-Chair) Lead Member Ward Member(s) Head of Service (name) Finance Legal
11) OFFICER REQUESTING URGENT DECISION TO BE TAKEN BY THE CHIEF EXECUTIVE: Chief Executive
12) APPROVED BY CHIEF EXECUTIVE: YES
Supported by SMT 13) DATE OF DECISION: 24th March 2020
14) CHIEF EXECUTIVE’S COMMENTS:
Although there are significant financial implications in taking these decisions, my view is that they must be made to ensure public safety. The position will however be regularly kept under review.
Page 232 Agenda Item 14 Appendix J
15) DATE TO BE PRESENTED TO STRATEGY AND RESOURCES COMMITTEE:
GUIDANCE NOTES
NOTE:
PROCEDURE FOR URGENT DECISIONS:
1. Completed form to be passed to the Chief Executive following consultation with the interested parties.
2. If a decision is specific to a Ward, efforts should be made to ascertain the views of the local Councillor (s).
3. The Chief Executive will make his decision.
PROCEDURE FOR URGENT DECISION MAKING AS PER THE CONSTITUTION
Officer Delegations: the Chief Executive:
Urgent Decision Making
3.48 To take a decision on any matter falling within the remit of any Committee in cases of urgency where it is not reasonably practicable to obtain prior approval of a Committee SUBJECT TO:
3.48.1 the prior consultation, where practicable, with the Leader or Deputy Leader and the Chair or Vice Chair of the relevant Committee, and
3.48.2 the proviso that this power will not extend to the determination of any application submitted pursuant to the Planning Acts or under the Licensing Act 2003 or the Gambling Act 2005, and
3.48.3 the decision being reported to the next meeting of the relevant Committee and the next meeting of Strategy and Resources Committee.
Page 233 This page is intentionally left blank