CABINET AGENDA
Wednesday, 13 March 2013
The Jeffrey Room, St. Giles Square, Northampton, NN1 1DE.
6:00 pm
Members of the Cabinet:
Councillor: David Mackintosh (Leader of the Council) Councillor: John Caswell (Deputy Leader) Councillors: Alan Bottwood, Tim Hadland, Mary Markham, Brandon Eldred.
Chief Executive David Kennedy
If you have any enquiries about this agenda please contact [email protected] or 01604 837722
PORTFOLIOS OF CABINET MEMBERS
CABINET MEMBER TITLE Councillor D Mackintosh Leader
Councillor J Caswell Deputy Leader Environment Councillor A Bottwood Finance
Councillor T Hadland Regeneration, Enterprise and Planning
Councillor M Markham Housing
Councillor B Eldred Community Engagement
SPEAKING AT CABINET MEETINGS Persons (other than Members) wishing to address Cabinet must register their intention to do so by 12 noon on the day of the meeting and may speak on any item on that meeting’s agenda.
Registration can be by:
Telephone: (01604) 837722 (Fax 01604 838729)
In writing: Democratic Services Manager The Guildhall, St Giles Square, Northampton NN1 1DE For the attention of the Democratic Services Officer
By e-mail to [email protected]
Only thirty minutes in total will be allowed for addresses, so that if speakers each take three minutes no more than ten speakers will be heard. Each speaker will be allowed to speak for a maximum of three minutes at each meeting. Speakers will normally be heard in the order in which they registered to speak. However, the Chair of Cabinet may decide to depart from that order in the interest of hearing a greater diversity of views on an item, or hearing views on a greater number of items. The Chair of Cabinet may also decide to allow a greater number of addresses and a greater time slot subject still to the maximum three minutes per address for such addresses for items of special public interest.
Members who wish to address Cabinet shall notify the Chair prior to the commencement of the meeting and may speak on any item on that meeting’s agenda. Such addresses will be for a maximum of three minutes unless the Chair exercises discretion to allow longer. The time these addresses take will not count towards the thirty minute period referred to above so as to prejudice any other persons who have registered their wish to speak.
KEY DECISIONS denotes the issue is a ‘Key’ decision:
• Any decision in relation to the Executive function* which results in the Council incurring expenditure which is, or the making of saving which are significant having regard to the Council’s budget for the service or function to which the decision relates. For these purpose the minimum financial threshold will be £250,000;
• Where decisions are not likely to involve significant expenditure or savings but nevertheless are likely to be significant in terms of their effects on communities in two or more wards or electoral divisions; and
• For the purpose of interpretation a decision, which is ancillary or incidental to a Key decision, which had been previously taken by or on behalf of the Council shall not of itself be further deemed to be significant for the purpose of the definition.
NORTHAMPTON BOROUGH COUNCIL CABINET Your attendance is requested at a meeting to be held:
in The Jeffrey Room, St. Giles Square, Northampton, NN1 1DE.
on Wednesday, 13 March 2013
at 6:00 pm .
D Kennedy Chief Executive
AGENDA
1. APOLOGIES
2. MINUTES (Copy herewith)
3. INTENTION TO HOLD PA RT OF THE MEETING IN PRIVATE There is no intention to hold part of the meeting in private.
4. DEPUTATIONS/PUBLIC A DDRESSES
5. DECLARATIONS OF INTE REST
6. ISSUES ARISING FROM OVERVIEW AND SCRUTIN Y COMMITTEES None
7. LOCAL NATURE RESERVE S SERVICE LEVEL AGRE EMEN T Report of Director of Regeneration, Enterprise and Planning (Copy herewith).
8. PRIVATE RENTED SECTO R LICENSING CONSULTA TION Report of Director of Housing (Copy herewith).
9. EXCLUSION OF PUBLIC AND PRESS THE CHAIR TO MOVE: “THAT THE PUBLIC AND PRESS BE EXCLUDED FROM THE REMAINDER OF THE MEETING ON THE GROUNDS THAT THERE IS LIKELY TO BE DISCLOSURE TO THEM OF SUCH CATEGORIES OF EXEMPT INFORMATION AS DEFINED BY SECTION 100(1) OF THE LOCAL GOVERNMENT ACT 1972 AS LISTED AGAINST SUCH ITEMS OF BUSINESS BY REFERENCE TO THE APPROPRIATE PARAGRAPH OF SCHEDULE 12A TO SUCH ACT.”
SUPPLEMENTARY AGENDA
Exempted Under Schedule 12A of L.Govt Act 1972 Para No:-
Agenda Item 2 NORTHAMPTON BOROUGH COUNCIL
CABINET
Wednesday, 20 February 2013
PRESENT: Councillor Mackintosh (Chair); Councillor Caswell (Deputy Chair); Councillors Bottwood, Eldred, Hadland and Markham
1. APOLOGIES There were none.
2. MINUTES The minutes of the meeting of the 13 th February 2013 were agreed and signed by the Chair.
3. INTENTION TO HOLD PART OF THE MEETING IN PRIVATE There were no items to be considered in private.
4. DEPUTATIONS/PUBLIC ADDRESSES Mr Costello addressed Cabinet on Item 10 – General Fund Revenue Budget Setting 2013- 16. He commented that he had concerns about the Local Government Shared Services (LGSS) and urged Councillors to rethink the proposal, as there was no evidence of savings and the set up cost of LGSS would be £470,000. He further commented that four Parish Councils had not reduced their precept and considered that there was no justification for a parish benefit grant.
5. DECLARATIONS OF INTEREST There were none.
6. ISSUES ARISING FROM OVERVIEW AND SCRUTINY COMMITTEES There were none.
7. CORPORATE PLAN 2012-2015 (2013 UPDATE) Councillor Mackintosh as Leader of the Council submitted a report. It was noted that it was an update for 2013.
RESOLVED:
That Cabinet recommended the refresh of the Corporate Plan to Full Council
That Cabinet delegated to the Chief Executive, in consultation with the Leader, the authority to amend if necessary, the:
i) Corporate Plan for presenting to Full Council 25 February in line with the budget decisions, service plans and any other consequent changes
ii) Associated set of corporate measures to underpin the Plan by 31 March to be developed alongside the service planning process.
1 1 Cabinet Minutes - Wednesday, 20 February 2013 8. CAPITAL PROGRAMME AND CAPITAL STRATEGY 2013-16 Councillor Bottwood as the relevant Cabinet Member submitted a report. He explained that he was pleased to see that Proposed Capital Programme included provisions for the Derngate Theatre Roof and for public toilet facilities at the skatepark He further reported that the proposals included provisions for Car Parking and Visitor signage and that the proposed capital programme for the housing Revenue Account was in excess of £24 million.
Councillor Hadland commented that the skatepark had been very successful and that capital from the Business Improvement District (BID) had also been provided to improve the facility which was hoped would be in place by the summer. He further commented that the new signage would help visitors in the town centre and would also help with traffic flow in and around the town. RESOLVED:
That Cabinet recommended to Council that they approve a) The capital programme for 2013-14, including future year commitments, as set out in Appendix A of the report. b) The capital financing principles to be applied in 2013-14, as set out in the approved Capital Strategy and attached as Appendix C of the report. c) The proposed financing of the capital programme for 2012-13 and future years, as set out at paragraphs 3.2.11 and Appendix B of the report. d) That authority be delegated to the Chief Finance Officer in consultation with the Cabinet Member for Finance, and where appropriate the relevant Director and Cabinet Member to update prudential indicators in both the Prudential Indicators report and Treasury Strategy report, prior to Council for any capital programme changes that impact on these. e) That Cabinet be authorised, once the programme has been set, to approve new capital schemes and variations to existing schemes during 2013-14, subject to the funding being available and the schemes being in accordance with the objectives and priorities of the Council.
9. TREASURY MANAGEMENT STRATEGY 2013-16 Councillor Bottwood, as the relevant Cabinet Member, submitted a report and commented that it had been carried out in line with the CIPFA Code of Practice. The report dealt with all financial aspects and was a standard document, produced on an annual basis. RESOLVED: 1. That Cabinet recommended to Council that they approve: a) The Treasury Management Policy Statement at Appendix C of the report b) The Treasury Management Practices (TMPs) Main Principles at Appendix D of the report. c) The TMP Schedules for 2013-14 at Appendix E of the report. d) The Treasury Management Strategy for 2013-14 at Appendix F, of the report, incorporating: (i) The Capital Financing and Borrowing Strategy for 2013-14 including: • The Council’s policy on the making of Minimum Revenue Provision (MRP) for
2 2 Cabinet Minutes - Wednesday, 20 February 2013 the repayment of debt, as required by the Local Authorities (Capital Finance & Accounting) (Amendments) (England) Regulations 2008. • The Affordable Borrowing Limit for 2013-14 as required by the Local Government Act 2003.
(ii) The Investment Strategy for 2013-14 as required by the CLG revised Guidance on Local Government Investments issued in 2010. e) That authority be delegated to the Council’s Chief Finance Officer, the Director of Finance and Support, in liaison with the Portfolio Holder for Finance, to make any changes needed to the Council’s borrowing and investment strategy to enable the authority to meet its obligations.
2. That Cabinet recommended to Council that they note: a) Adherence to the Council’s policy on reserves and balances (paragraph 3.2.13) of the report. b) Compliance with the requirement under the Local Government Finance Act 1992 to produce a balanced budget (paragraph 3.2.14 & 3.2.15) of the report.
10. GENERAL FUND REVENUE BUDGET SETTING 2013-16 Councillor Bottwood, as the relevant Cabinet Member, submitted a report and explained that the report detailed the outcome of the consultation process on the 2013/14 General Fund Budget. It was noted that there was a balanced budget and that for a three consecutive years there had been no increase in Council tax, which was considered particularly relevant with the National introduction of Welfare Reform and Universal Credit. It was noted that there were numerous challenges to Local Authorities and therefore shared services, such as LGSS, had to be explored; by joining LGSS the Council were in a more positive position to safeguard jobs. Councillor Eldred commented that the first night of ‘Alive at Delapre’ event had sold out and would attract a great number of people into the Town. RESOLVED: That the following be agreed: 1. That the feedback from consultation with the public, organisations and the Overview and Scrutiny and Audit Committees be considered and welcomed (detailed at Appendices 1a, 1b, and 1c of the report). 2. That the Council’s representations on the provisional formula funding settlement be noted ( Appendix 2 of the report). 3. That the changes to the proposed budget (detailed at Appendix 3 of the report), in light of the consultation responses, equalities issues and the final formula funding settlement be agreed. 4. That a General Fund budget for 2013/14 of £27.14m (excluding parishes) be recommended to the Council (detailed in Appendices 4, 5, 6a and 6b of the report) for its own purposes be agreed. 5. That the key medium term financial issues as set out at Appendix 7 of the report be noted . 6. That the issues and risks detailed in the Chief Finance Officer’s statement on the robustness of estimates and the adequacy of the reserves ( Appendix 8 of the report) be acknowledged.
3 3 Cabinet Minutes - Wednesday, 20 February 2013 7. That the draft Fees and Charges set out in Appendix 9 of the report be noted 8. That authority be delegated to the Chief Finance Officer to make any technical changes necessary to the papers for the Council meeting of 25 February 2013. 9. That Council be recommended to delegate authority to the Chief Executive and Chief Finance Officer to implement all budget options and restructures. 10. That authority be delegated to the Chief Finance Officer in consultation with the Cabinet Member for Finance, and where appropriate the relevant Director and Cabinet Member to: • transfer monies to/from earmarked reserves should that become necessary during the financial year. • update the budget tables and appendices, prior to Council should any further changes be necessary. • update prudential indicators in both the Prudential Indicators report and Treasury Strategy report, for Council for any budget changes that impact on these. 11. That Council be recommended to confirm the reserves strategy of protecting balances wherever possible to allow the option of supporting future years’ budgets, aiming for a minimum level of unallocated general fund balances of at least £3.1m for 2013/14 having regard to the outcome of the financial risk assessment and remaining at this level over the medium term. 12. That Council be recommended not to increase the Council Tax for its own purposes, that is, excluding county, police, and parish precepts for 2013/14.
11. HRA BUDGET AND RENT SETTING Councillor Bottwood, as the relevant Cabinet Member submitted a report. He commented that the budget incorporated the Government Rent Restructure Policy. RESOLVED: That Cabinet recommend to Council to approve: 1) An average rent increase of 4.41% per dwelling, in line with the Government’s rent restructuring policy, convergence in 2015/16, to take effect from 1 April 2013. 2) The proposed service charges listed in Appendix 5 of the report 3) The feedback from the Overview and Scrutiny Committee be considered and welcomed (detailed at Appendix 1 of the report). 4) That the HRA budget for 2013/14 of £53.4m expenditure (including options) be recommended to the Council (detailed in Appendix 3 of the report) for its own purposes. 5) That the Cabinet acknowledges the issues and risks detailed in the Chief Finance Officer’s statement on the robustness of estimates and the adequacy of the reserves (Appendix 6 of the report). 6) That Council be recommended to delegate authority to the Chief Executive and Chief Finance Officer to implement all budget options and restructures. 7) That authority be delegated to the Chief Finance Officer in consultation with the Cabinet Member for Finance, and where appropriate the relevant Director and Cabinet Member to: a) transfer monies from earmarked reserves should that become necessary during the financial year. b) update the budget tables and Appendices, prior to Council should any further 4 4 Cabinet Minutes - Wednesday, 20 February 2013 changes be necessary c) update prudential indicators in both the Prudential Indicators report and Treasury Strategy report, prior to Council for any budget changes that impact on these. 8) That Council be recommended to confirm the reserves strategy of protecting balances wherever possible to allow the option of supporting future years budgets, aiming for a minimum level of unallocated HRA reserves of £5.0m at the end of 2013/14 having regard to the outcome of the financial risk assessment and remaining at this level over the medium term and in line with the 30 year Business Plan.
12. PRUDENTIAL INDICATORS FOR CAPITAL FINANCE 2013-16 Councillor Bottwood, as the relevant Cabinet Member submitted a report and commented that the Prudential Indicators for Capital Finance had been conducted under the CIPFA code and noted that the matters to be considered when setting or revising the prudential indicators had been listed in section at 3.1.8 of the report.
RESOLVED:
1. That Cabinet recommended to Council that they approve the prudential indicators required under the CIPFA Prudential Code for Capital Finance in Local Authorities as set out at paragraph 3.2.3 below. 2. That Council approve the delegation of authority to the Section 151 Officer, in consultation with the Cabinet member for Finance, to make adjustments between the “borrowing” and “other long term liabilities” categories within the overall total of the indicators for the operational boundary and the authorised limit for external debt set out at paragraphs 3.2.3 (g) and (h) of the report.
13. EXCLUSION OF PUBLIC AND PRESS The Chair moved that the public and Press be excluded from the remainder of the meeting on the grounds that there was likely to be disclosure to them of such categories of exempt information as defined by Section 100(1) of the Local Government Act 1972 as listed against such items of business by reference to the appropriate paragraph of Schedule 12A to such Act.
The Motion was Carried.
The meeting concluded at 18.10
5 5 Cabinet Minutes - Wednesday, 20 February 2013 Agenda Item 7
Appendices:
2
CABINET REPORT Report Title Local Nature Reserves Service Level Agreement
AGENDA STATUS: PUBLIC
Cabinet Meeting Date: 13 th March 2013
Key Decision: YES
Within Policy: YES
Policy Document: NO
Directorate: Regeneration, Enterprise and Planning Accountable Cabinet Member: Councillor Tim Hadland Ward(s) Brookside, Delapre and Briar Hill, Kingsley, Kingsthorpe, Parklands and St James
1. Purpose
1.1 To apprise Cabinet of current management arrangements for and Council funding of Local Nature Reserves. To advise Cabinet of additional contributions currently given to the Wildlife Trust for Bedfordshire, Cambridgeshire, Northamptonshire and Peterborough (the Wildlife Trust). 1.2 To seek Cabinet approval for a Service Level Agreement with the Wildlife Trust to manage the Council’s Local Nature Reserves.
2. Recommendations
2.1 That Cabinet approves the off-setting of the market rent for Lings House payable by the Wildlife Trust against satisfactory provision of activities undertaken by the Trust in relation to Northampton’s Local Nature Reserves which will be set out in the Service Level Agreement identified in recommendation 2.2.
Jmd/committees/cabinet report template/05/03/13 6 2.2 That Cabinet approve a Service Level Agreement between Northampton Borough Council and the Wildlife Trust for the period of 1 st April 2013 until 31 st March 2018 as set out in Appendix B, subject to any minor amendments if necessary prior to signing and is mindful of its commitment to funding on future budget setting. 2.3 That Cabinet delegate to the Director of Regeneration, Enterprise and Planning in consultation with the Cabinet Member (Regeneration, Enterprise and Planning) the authority to make any necessary further minor amendments to the proposed Service Level Agreement as set out in Appendix B.
3. Issues and Choices 3.1 Report Background
3.1.1 The Wildlife Trust for Bedfordshire, Cambridgeshire, Northamptonshire and Peterborough (the Wildlife Trust) operate as part of a wider network of Wildlife Trusts. The aim of the Wildlife Trust is to: a) Conserve local wildlife, by caring for land ourselves and with others; b) Inspire others to take action for wildlife; and c) Inform people, by offering advice and sharing knowledge. 3.1.2 The Wildlife Trust has a prominent role in undertaking such activities within Northampton. There is also a formal relationship between the Wildlife Trust and the Council. The Wildlife Trust lease Lings House, their Northamptonshire headquarters from the Council. In addition the Wildlife Trust lease some land from the Council which is either managed as Local Nature Reserve or for habitat enrichment and to support their other activities around education, volunteering and fund raising. In addition to this the Council pays the Wildlife Trust to manage the 5 Local Nature Reserves on its land (and some non- designated areas of nature conservation value). 3.1.3 Outside this relationship the Council has extensive links with the Wildlife Trust through its activities and involvement in designations such as the recently declared Nene Valley Nature Improvement Area, Local Nature Reserves on other’s land funded through S.106 planning obligations and working with the Trust to create other areas rich in bio-diversity, either through joint working, or in response to development proposals. 3.2 Issues
3.2.1 The Trust has a heavy reliance on funding from the public sector and from third party donations. Unsurprisingly given the recession and austerity measures it has been faced with recent pressures on its income and uncertainty over its funding levels. The Trust would like clarity on its likely funding by the Council in order to be able to satisfactorily plan for the future. The two main issues are; rental payments for Lings House and its maintenance of Northampton Borough Council’s Local Nature Reserves.
Jmd/committees/cabinet report template/05/03/13 7 a) Lings House
3.2.2 The Wildlife Trust has a 100 year lease on Lings House. It currently is subject to an annual rent of £6,000 per annum. This rent is currently wholly paid for by the Council from a budget administered within Planning Policy & Heritage. It appears that this arrangement was entered into as a result of the recognition of the positive role that the Trust has in promoting nature conservation within the Borough. It also partly acts as a ‘payment in kind’ for the gap between the value of the work the Wildlife Trust in managing the Local Nature Reserves compared to the contribution it receives for this purpose from the Council. 3.2.3 Under the terms of the Lings House lease, there is a five yearly rent review provision. The last review which was due on 6 th March 2011 remains unsettled and outstanding. Taking account of market evidence for comparable properties the relevant rent at review is considered to be £10,500 to £11,000 per annum. The Trust has indicated that if it was expected to pay the difference in rent, this would introduce an additional cost for which trustees have indicated there is no budget. It has advised that there is a risk serious consideration would be given to moving out of Lings House if such an increase was implemented. 3.2.4 In addition relocation elsewhere in the County or within the Trust’s administrative area might also significantly reduce the positive work that the Trust does within Northampton through its educational role and environmental improvements it undertakes. The Trust has delayed some significant investment in Lings House because of the uncertainty related to a potential rent increase which is impacting on the quality of the working conditions. 3.2.5 The approach of the Council to dealing with similar tenancy situations, where there are linked management agreements or service arrangements is to record the rent at the full market level. Thus the outstanding rent review should be formally considered and documented. However, in recognition of the benefit that the Trust bring to Northampton, it is considered that the Council should then fully absorb the cost of the rent within its budgets, thus meaning that in effect the Wildlife Trust pays no rent on the property. However, to ensure that identified benefits to Northampton continue to be delivered whilst the Council pays this rent, it is considered appropriate to link subsidy of the rent to a Service Level Agreement (SLA) related to the Local Nature Reserves. b) Local Nature Reserves
3.2.6 There are six Local Nature Reserves declared within Northampton; Barnes Meadow, Kingsthorpe Water Meadows, Bradlaugh Fields Hills and Holes, Scrub Field, Lings Wood and Storton’s Pits. With the exception of Storton’s Pits and part of Barnes Meadow, they are on Borough Council land. The arrangement for the Borough Council’s support of the Wildlife Trust in its management of its Local Nature Reserves has been incremental, with over the years differing approaches applying to sites. For some sites the Wildlife Trust has entered into long leases with the Council for the land, examples include Lings Wood and Kingsthorpe Water Meadows. These together with the Barnes Meadow Reserve are covered by a Management Agreement dated 16
Jmd/committees/cabinet report template/05/03/13 8 July 1993. For others no formal agreement exists, having either lapsed or never having been signed. 3.2.7 The Borough Council however has contributed to the management of all five on its land by the Wildlife Trust over a period of years. In addition Bradlaugh Fields Quarry Fields which is not a designated Local Nature Reserve (due to lack of certainty on funding) but has the quality for such a designation is managed on an informal basis as such by the Wildlife Trust. (Full list of sites and their areas is set out in Appendix A) The Council contributes £22,781 to the Trust for the management of the six areas. A schedule of works undertaken and site inspections are undertaken on an annual basis. In addition the Council pays for skip hire for waste generated in Lings Wood through littering or fly-tipping (£270). The contribution to the Trust has essentially remained static for the last 5 years with no increases due to inflation. 3.2.8 In managing the Nature Reserves, the Trust has indicated that the work undertaken either directly through them, through work that they contract, or through volunteers is significantly above the Borough’s financial contribution. Officers consider this to be a fair representation, although exact figures are difficult to establish. In comparison, if the Council’s contributions matched those agreed between the Wildlife Trust and the Homes and Communities Agency for Storton’s Pits on a like for like basis, a figure of approximately £72,000 would be paid. 3.2.9 In designating Local Nature Reserves, the National Parks and Access to the Countryside Act 1949 imposes a statutory obligation and responsibility on the Council to protect and enhance the ‘special’ natural features, which have formed the basis for declaration. Clearly therefore assuming the Council seeks to discharge its statutory obligation, there is a requirement for appropriate levels of funding to support specialist management of the reserves. 3.2.10 The involvement of the Trust has clear benefits to the Council as the owner of the Reserves. It ensures that the Trust’s specialist knowledge of the characteristics of the Reserves allow suitable management plans to be formulated, delivered and monitored. It also ensures that additional opportunities for funding or works in kind through the financial, volunteering and educational resources that the Trust has access to, provide significant added value. 3.2.11 The Trust’s involvement creates and fosters a direct link between the reserves and the wider population of Northampton and those more locally. For example in relation to Bradlaugh Fields, it has a team of volunteers in wardening the site and carrying out supervised monitoring of birds, butterflies and plants. The site benefits from grazing managed by the Trust with opportunities for the local community to learn about the natural environment, animal husbandry practices followed and interaction with animals through ‘meet the sheep’ and ’meet the cows’ days. There are also close links with the University in using the fields as an important educational resource for students, with international research groups looking at pollination on the site. The Trust supplements this by giving guided talks to students, attending careers fairs and leading groups in practical management tasks. There is also close working with the Friends of Bradlaugh Fields group in promoting understanding and activities on the site. Similar activities are pursued across all the Reserves.
Jmd/committees/cabinet report template/05/03/13 9 3.2.12 Notwithstanding all the good work that occurs, there is a need to formalise some of the loose arrangements that currently exist. Formalisation will give greater reassurance to the Council that its funds are being used appropriately to support the management and continued status of the Local Nature Reserves. A formal commitment to a specific period to fund the Trust to undertake this work also allows them to plan their activities on a longer term basis. This has advantages in terms of staff retention, resource planning and provides greater opportunities for the Trust and partners to bid for additional funding sources. 3.2.13 A draft Service Level Agreement has been agreed with the Trust which is attached in Appendix B. This commits the Borough and Trust to work together to ensure sufficient management of the Reserves that would seek to maintain their status. It also addresses the educational / community involvement role in managing the reserves and paves the way for future co-operation on other nature reserves not in Council ownership or future schemes to increase bio- diversity in Northampton. The draft Agreement identifies the continuation budget sums already provided to the Trust. It is intended that the Service Level Agreement if signed would lead to the existing 1993 agreement between the Council and Trust being terminated. 3.3 Choices (Options) a) Do Nothing – Undertake rent review and don’t sign the Service Level Agreement 3.3.1 Under this scenario the Wildlife Trust will have to find additional funds to pay for the increased rent on Lings House. This presents a risk to the Council of vacancy of the property plus a potential wider loss to the Borough of a significant amount of the positive work that the Trust do in terms of education and involvement/volunteering on wildlife issues. 3.3.2 The lack of a Service Level Agreement will continue the incremental approach on management of the reserves between the Council and the Trust. This will provide increased uncertainty for the Trust on its funding streams. This ultimately could undermine the Trust’s support of the reserves and increase the Council’s resource commitment to maintain them to their existing standard. 3.3.3 For the reasons set out in the report this is not considered to be the best solution. b) Undertake the rent review and consider a competitive tendering process to manage the Council owned Local Nature Reserves 3.3.4 Under this scenario the Wildlife Trust will have to find additional funds to pay for the increased rent on Lings House. This presents a risk to the Council of vacancy of the property plus a potential wider loss to the Borough of a significant amount of the positive work that the Trust do in terms of education and involvement/volunteering on wildlife issues. 3.3.5 A competitive tendering process would require specialist expertise to deal with the management of the reserves. Given the contract size, in reality this would limit the field of bidders to a very small field, if indeed there was any commercial interest. To ensure the quality of work undertaken, the Council would need to hire specialist expertise to set out the management specification for the tender process and monitor the contract.
Jmd/committees/cabinet report template/05/03/13 10 3.3.6 The Borough Council would also need to extricate itself from the existing agreement with the Wildlife Trust. Whilst it is unlikely to have to pay compensation, the Trust might then want to question its commitment to continuing the leases that it has for the Reserves due to their potential for being managed by a third party and seek to return them to the Council. 3.3.7 As noted in the report, the Trust provides significant support in the management of the reserves over and above the financial support provided by the Council. Whilst such an approach could either be written into a tender specification or covered by another part of the Council, it will either be reflected in the tenderers’ prices or have to be funded through Council personnel to support such practices. 3.3.8 For the reasons set out in the report this is not considered to be the best solution. c) Undertake the rent review, absorb the additional rent through internal budgetary measures, reflect the rent within the Service Level Agreement and confirm that the Council should pursue signing the draft Service Level Agreement in Appendix B 3.3.9 Absorbing the rent rise (by way of internal transfer of an equivalent sum at higher level than existing) would reduce a significant additional cost to the Trust not currently budgeted for. It would underpin their ability to undertake much needed investment in Lings House. 3.3.10 The signing of a Service Level Agreement with the Wildlife Trust will provide greater certainty to the Borough and the Trust about the future management of the Reserves and monitoring of performance. This certainty is mutually beneficial as it also ensures that the wider social, environmental and economic benefits of the educational and volunteering role that the Trust performs as set out in the report is continued. 3.3.11 For the reasons set out in the report this is considered to be the best solution.
4. Implications (including financial implications)
4.1 Policy
4.1.1 In terms of planning policy the Nature Reserves are protected by policies in the Development Plan. In terms of supporting ecologically rich environments, their provision supports the Northamptonshire Biodiversity Action Plan. The Parks and Opens Spaces Strategy November 2009 identified Improvement Policies NSN3 ‘Work with Partners and Local Communities to Manage These Spaces and Raise Awareness About Them’ and NSN4 ‘Manage All Public Spaces in Our Ownership, To Protect and Enhance Their Value For Wildlife and for Habitats’.
4.2 Resources and Risk
4.2.1 The resources set out within the Service Level Agreement are currently covered by existing budgets. To allow the Trust to adequately plan for the future ideally this level of commitment at the very least would continue for the 5 years which the Agreement relates to. There is a risk that the funding available to the Trust to undertake supportive activities over and above those
Jmd/committees/cabinet report template/05/03/13 11 paid for by the Council is reduced. This could affect the long term validity of the designation. However, this risk is considered to be low due to the elevated status of the areas compared to other open space in the Borough.
4.3 Legal
4.3.1 The contents of the Service Level Agreement (SLA) will replace the existing agreements on Nature Reserves between the Council and the Wildlife Trust. The agreement allows both sides to review their position and pull out after a period of notice. 4.3.2 The Council has a duty under s.123 of the Local Government Act 1972 (as amended) to obtain best value from any letting. In this instance a concessionary basis is proposed (with the Trust paying no effective rent for the property whilst they continue to perform their obligations under the SLA). There is though a general consent permitting public authorities to let or sell property at a less than full market value (up to a ceiling discount of £2m). This Council adopted a policy in March 2007 regarding the disposal of property assets (by way of freehold sale or grant of lease) at less than full market value. Prima facie, the proposal put forward here would appear to satisfy the criteria set out in that policy, since the value of work to be done by the Trust is in excess of the rent discount during the period concerned. 4.4 Equality
4.4.1 The Trust is committed to equalities, both as an employer and its functions. A commitment to monitor / encourage accessibility across the range of equalities strands has been included in the SLA. Accessibility to reserves has been increased previously through educational visits provided to local schools, many of which have higher than average representation from ethnic groups. In addition, level access boardwalks have been provided to allow wheelchair/parent and child access to the reserves. Interpretation boards have also been provided in large font and braille.
4.5 Consultees (Internal and External)
4.5.1 Wildlife Trust, Legal Services, Asset Management, Procurement Team and NBC Enterprise Contract Manager.
4.6 How the Proposals deliver Priority Outcomes
4.6.1 The proposals relate to the following Priority Outcomes: a) Invest in safer, cleaner neighbourhoods b) Celebrating our Culture and Heritage c) Making every £ go further d) Creating empowered communities e) Promoting Health & Well Being f) Responding to your needs
4.6.2 They will result in investment in / management of the Borough’s areas of significant bio-diversity, which celebrates the landscape heritage and cultural history of Northampton (e.g. Bradlaugh Fields Quarry, Cattle Grazing on Barnes Meadow). The partnership with the Wildlife Trust will lever in
Jmd/committees/cabinet report template/05/03/13 12 additional funding to increase investment in the town’s green infrastructure. The involvement of communities in volunteering/seeking input into the management plans and being educated in bio-diversity projects will show them that their needs can be responded to and increase learning, empowering communities in active involvement in caring for their town. The reserves provide areas for recreation to promote physical and psychological health and well-being.
4.7 Other Implications
4.7.1 None
5. Background Papers
5.1 Parks and Open Spaces Strategy for Northampton November 2009 http://www.northampton.gov.uk/downloads/file/2688/parks_and_open_spaces _strategy
Paul Lewin, Planning Policy & Heritage Manager 0300 330 7000
David Fletcher, Principal Estates Officer 0300 330 7000
Jmd/committees/cabinet report template/05/03/13 13 Appendix A Local Nature Reserves
Location Plan and Details
Barnes LNR Site Area: Leases/Licences/Agreement: Separate Meadow Declaration 20.6 (2 Management agreements/plans between Wildlife Date: Initial hectares in Trust and NBC and NCC (both landowners) riverside Borough 1990 Council ownership) Extension 1997
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Bradlaugh LNR Site Area: Leases/Licences/Agreement: Separate Fields Declaration 8.0 Wildlife Trust had a management agreement Date: 1996 hectares signed 1 April 1996 for 5 years to end March Hills and 2001 Hollows
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Bradlaugh LNR Site Leases/Licences/Agreement: Separate Wildlife Fields Declaration Area: 5.2 Trust have a licence to manage Date: 1996 hectares Scrub Field
Bradlaugh LNR Site Leases/Licences/Agreement: Not declared due Fields Declaration Area: 4.9 to lack of funding being available for Date: Not hectares management by the Trust. Informal management Quarry Field LNR by Trust at present.
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Kingsthorpe LNR Site Area: Leases/Licences/Agreement: Separate Water Declaration N side 5.4 Leased to Wildlife Trust Meadows Date: 1990 hectares N side from 1990 S side 10.5 hectares S side from 1992
Total 15.9 Understood that lease now effective until hectares 2014
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Lings Wood LNR Site Area: Leases/Licences/Agreement: Leased to Wildlife Declaration 22.7 Trust with Management Agreement Date: 1990 hectares Rent for Lings House paid from Nature Conservation Revenue Budget since 2001 - £6,000 pa
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Storton’s LNR Site Area: Leases/Licences/Agreement: This is Pits Declaration 20.0 maintained by the Wildlife Trust, under the Date: 2005 hectares Section 106 Agreement and Management Plan (owned by for the site which has secured funding over a 10 HCA) year period. This site would not be included in arrangement in the short term due to funding exi sting through S.106 obligation.
Jmd/committees/cabinet report template/21/02/13 19 Appendix B
Draft Service Level Agreement
DRAFT SERVICE LEVEL AGREEMENT BETWEEN NORTHAMPTON BOROUGH COUNCIL AND THE WILDLIFE TRUST FOR BEDFORDSHIRE, CAMBRIDGESHIRE, NORTHAMPTONSHIRE AND PETERBOROUGH
Background
The Wildlife Trust for Bedfordshire, Cambridgeshire, Northamptonshire and Peterborough (hereinafter referred to as ‘The Wildlife Trust’) is part of a nationwide network of local Trusts dedicated to all aspects of wildlife protection.
The Wildlife Trust Mission Statement Vision:
People close to nature, in a land rich in wildlife Mission
Our mission is to
Conserve local wildlife, by caring for land ourselves and with others; Inspire others to take action for wildlife; and Inform people, by offering advice and sharing knowledge
PART 1: AGREEMENT ON MANAGEMENT WORK ON THE PART OF THE WILDLIFE TRUST This agreement relates to work in the Borough of Northampton and covers a period of five years from the 1st of April 2013 to the 31st March 2018, subject to an annual review of performance in terms of meeting the terms of the Service Level Agreement. Either party may terminate the agreement subject to a three month notice period.
The Wildlife Trust will work to assist Northampton Borough Council in meeting its commitment to protect and enhance the environment of the Borough by providing a specialist resource for the Council in support of biodiversity matters. This will be provided by the management of Local Nature Reserves (LNRs) and associated community involvement on the sites covered by the Agreement.
1. MANAGEMENT OF LOCAL NATURE RESERVES
The Wildlife Trust will manage Local Nature Reserves, owned by Northampton Borough Council, for the benefit of wildlife and people. Established and Declared Local Nature Reserves in Northampton are at Barnes Meadow, Lings, Kingsthorpe Meadows, and two sites at Bradlaugh Fields – a) Hills and Hollows and b) Scrub Field. Although not a declared LNR, the Quarry Field at Bradlaugh Fields can be considered as an extension of the Bradlaugh Fields Reserves and its management is included within the Agreement.
Jmd/committees/cabinet report template/21/02/13 20 Two other sites are known to have the potential to be included at a later date within the 5-year period of the Service Level Agreement, subject to review and the further agreement of both parties.
1) Storton’s Pits LNR is currently funded and maintained under a Planning Obligation, which will terminate in March 2015. The site is not in the ownership of Northampton Borough Council. However, a planning obligation has been agreed with the developers of the former British Timken site to fund management works to Storton’s Pits. The management arrangements from April 2015 through the Planning Obligation and potentially in subsequent years through funding obtained through other planning obligations would need to be the subject of further agreement between the Trust and the Borough Council. 2) A related site, Duston Wetland, has not yet been implemented. This site is similarly not in the ownership of Northampton Borough Council. The proposal, for habitat enhancement, is to be funded separately from the same Planning Obligation as the established Storton’s Pits LNR. Management arrangements including funding for Duston Wetland would need to be the subject of further agreement between the Trust, the Borough Council and the landowners (currently the Homes and Communities Agency). Such arrangements would commence on the completion of the scheme and also be subject to the investigation of management options by all parties and stakeholders. The Borough Co uncil’s involvement would also be influenced by the funding provided for on-going maintenance through the Planning Obligation for creation of the site and the status of the site on completion i.e. if the site was of sufficient ecological value to warrant Declaration as a Local Nature Reserve
The Wildlife Trust will prepare and keep under review and implement management plans for each of the Reserves. The Plans and any modifications will be subject to the agreement of Northampton Borough Council.
The Wildlife Trust will prepare an annual statement of its proposed management of each of the Reserves for the financial year highlighting how the Council’s payment will be spent, together with a review of its activities against those proposed in the previo us year’s management plan and submit this to the Council as part of the Annual Report detailed in part 3 of this Agreement.
The Wildlife Trust will attend meetings as agreed in consultation with the Borough Council to discuss management issues concerning Local Nature Reserves. Meetings may also include those with specific nature reserve management groups, liaison and publicity meetings with local residents, community groups and neighbourhood meetings, as may be required and in agreement with Northampton Borough Council This will include discussions on proposed projects for the creation of further wildlife habitats and potential Local Nature Reserves (where there is evidence that long term maintenance funding /management is likely to be forthcoming) in Northampton and their relationship with wider strategic Green Infrastructure networks.
2. COMMUNITY INVOLVEMENT
The Wildlife Trust will continue to use the resource provided by designated and potential Local Nature Reserves in the Borough, to involve local residents in wildlife conservation through its programme of conservation volunteering, groups for young people, schools/educational visits and training activity.
Jmd/committees/cabinet report template/21/02/13 21 The Wildlife Trust will ensure that its activities in the Borough, relating to the Local Nature Reserves, are publicised to Borough residents through all appropriate media in order to maximise community involvement and awareness. Details of these activities will be set out in the Annual Report as identified in Part 3 of this agreement.
3. ADDITIONAL FUNDING STREAMS
The Wildlife Trust and Council will use its best endeavours to secure additional resource towards the management and maintenance of the Local Nature Reserves in Northampton. This will either be through direct funding by the Borough Council,, the Wildlife Trust or third parties, or through ‘works in kind’ to complement the financial sum as set out in PART 2 of this agreement made available by the Borough Council.
PART 2: AGREEMENT ON FUNDING ON THE PART OF NORTHAMPTON BOROUGH COUNCIL
Northampton Borough Council will provide in each year of the Agreement the sum of
£ 33551.00 or such sum as may otherwise be approved. Of this, £10,500 is to cover the annual rent of Lings House and £23,051.00 is for the management of the Local Nature Reserves. Payment in the second and subsequent years will be subject to evidence in the Trust’s annual report to the Council as detailed in PART 3 that the Trust has fulfilled the terms of this Service Level Agreement in the previous twelve months.
Payment of the £23,051.00 will generally be released to the Trust by 31st August in each year of the Agreement, subject to approval by the Council of the Annual Report as detailed in part 3 of this agreement.
In making the payment, Northampton Borough Council does not accept or imply any responsibility for any loss or damage whatsoever resulting from the Agreement and the Trust will keep Northampton Borough Council and its officers indemnified against all claims of liability in respect of injury or death or damage to any property resulting from the agreement.
PART 3 ARRANGEMENTS FOR LIAISON AND REPORTING
The Trust will provide to the Borough Council by 31st May in each year of the Agreement, a written Annual Report, or if the Agreement is terminated within two months of the termination a Final Report. The Report will detail:
a) A statement setting out for the existing financial year how the Council’s payment, together with any other associated direct funding by the Wildlife Trust and third parties or works in kind will be spent in relation to Management Plans for the Reserves
b) A statement reviewing the management activities in the previous financial year against those proposed over the in the previous year’s statement, together with any additional activities that might have taken place
c) A statement of planned community engagement and or educational programmes for the existing financial year together with those undertaken with regards to the Local Nature Reserves with evidence of recognition of the engagement with the
Jmd/committees/cabinet report template/21/02/13 22 specific groups with protected characteristics as defined in the Equality Act 2010 (and any subsequent amendments).
d) A note of any future plans of relevance to the Borough’s nature conservation commitment and the Trust’s particular priorities for the f ollowing twelve months.
The Trust will agree on request to:
a) Undertake at least one site visit to each of the Reserves with representatives of the Borough Council (officers or Councillors) to provide commentary on the Reserves in relation to the content of the Annual Report
b) Attend a meeting at the Council to present and respond to questions on its annual report.
The Trust and Council will agree to reasonable requests to meet:
a) To discuss management issues concerning Local Nature Reserves with specific nature reserve management groups or liaison and publicity meetings with local residents and community groups
b) To discuss proposed projects for the creation of further wildlife habitats and potential Local Nature Reserves (where there is evidence that long term maintenance funding /management is likely to be forthcoming) in Northampton and their relationship with wider strategic Green Infrastructure networks
The Council will approve the Annual Report (if necessary after amendment agreed with the Wildlife Trust) by 31 st August.
Jmd/committees/cabinet report template/21/02/13 23 Agenda Item 8
Appendices
CABINET REPORT Report Title PRIVATE RENTED SECTOR LICENSING CONSULTATION
AGENDA STATUS: PUBLIC
TH Cabinet Meeting Date: 13 March 2013
Key Decision: NO
Within Policy: YES
Policy Document: YES
Directorate: Housing
Accountable Cabinet Member: Cllr Mary Markham
Ward(s) ALL
1. Purpose
1.1 This report asks Cabinet to consider undertaking a period of consultation with those affected on the options for introducing an additional licensing scheme for the management of Houses in Multiple Occupation (HMOs), and a selective licensing scheme for other private rented property in the borough.
2. Recommendations
2.1 To approve a period of consultation during 2013/2014 on the options for additional and selective licensing of HMOs. 2.2 To agree to receive a further report on the outcomes of this consultation and recommendations for implementation of any additional and selective licensing schemes at a later date.
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3. Issues and Choices
3.1 Report Background 3.1.1 There is a growing perception that poorly managed privately rented properties are having a negative effect on neighbourhoods in the town. Anti-social behaviour, noise nuisance and accumulations of refuse are just three of the issues which have been linked to the failure of some private landlords to manage these types of properties in an effective way in Northampton. 3.1.2 The recent national concern over “ beds in sheds “ has not only highlighted an unacceptable element of private renting but also the difficulties of dealing with those rogue landlords determined to evade their legal responsibilities. 3.1.3 The Private Rented Sector (PRS) in Northampton is now estimated to comprise of nearly 15,000 dwellings. It is now the largest tenure of available lettings in the borough and has nearly doubled in size over the last 10 years. It provides 20% of all housing in Northampton compared to 16% nationally and is the only accessible housing option for many households on modest incomes. 3.1.4 The Private Rented Sector is diverse in its makeup with an estimated 2,000+ landlords in the borough, and a third of all private tenants receiving rent support through the benefits system. Growth of the Private Rented Sector has been largely through the activities of ’buy to let’ investors and these new landlords have replaced owner-occupiers in many of our streets and neighbourhoods. 3.1.5 A HMO is a building or part of a building (e.g. a flat) in which either: • Two or more households share an amenity such as bathroom, toilet or cooking facilities, or • A converted building containing one or more units of accommodation that do not consist entirely of self-contained flats, or • A converted building consisting entirely of self-contained flats where the building work undertaken in connection with the conversion did not comply with the 1991 Building Regulations and more than one third of the flats are occupied on short term tenancies 3.1.6 Mandatory HMO licensing applies across England to all HMOs of three storeys or more, and occupied by five or more persons forming more than one household. 3.1.7 Many councils have opted to introduce an additional licensing scheme for smaller HMOs in order to drive up standards and deal with those landlords who fail to manage their properties in an appropriate way 3.1.8 Selective Licensing Schemes are set up to deal with problems of either persistent and substantial anti-social behaviour or poor social or economic conditions for example in areas of low housing demand. It applies to all private rented properties within a designated area not just HMOs.
3.2 Issues 3.2.1 In order for the Council to introduce an additional licensing scheme, it must consider and then decide that a significant proportion of HMOs in the area are
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being managed sufficiently ineffectively as to give rise or, be likely to give rise, to problems for those occupying them or for members of the public. 3.2.2 The Council should not make a designation under either parts 2 and 3 of the Housing Act 2004 unless it has considered other courses of action that might provide an effective remedy for achieving the objective or objectives of the proposed designation, and that the making of the designation will significantly assist the Council to deal with the problem or problems, whether or not it takes any other course of action as well . 3.2.3 The use of this discretionary power is subject to consultation with those who are likely to be affected by the designation..
3.3 Choices (Options) 3.3.1 Continue to manage private landlords through enforcement powers and the mandatory licensing scheme. 3.3.2 Consult on the introduction of the additional and selective licensing schemes.
4. Implications (including financial implications)
4.1 Policy 4.1.1 These designations are subject to legislation and therefore inform the Council’s policies.
4.2 Resources and Risk 4.2.1 Additional resources are required to produce a private sector licensing scheme and to consult on the proposals. £100k is available from the service improvement reserve to fund this. 4.2.2 If, following consultation, a scheme is implemented, the business case will ensure that the scheme will be self-financing and that the £100k funding is repaid into the earmarked reserve. 4.2.3 Key Council services such as the Planning Directorate will play a role in supporting and assisting with this initiative. 4.2.4 Failure to manage standards in private sector homes could impact negatively on the health and safety of residents.
4.3 Legal 4.3.1 Parts 2 and 3 of the Housing Act 2004 provides powers for local housing authorities to designate areas, or the whole of the area of its district, as subject to discretionary licensing in respect of private rented accommodation. 4.3.2 In the case of Part 2 designations (Additional Licensing), the authority must consider that the ineffective management of a significant number of Houses in Multiple Occupation (HMOs) is likely to give rise to problems for occupants or members of the public. 4.3.3 In the case of Part 3 designations (Selective Licensing), the authority must consider that amongst other criteria, the area is experiencing problems caused by persistent and substantial anti-social behaviour (ASB) which the private sector landlords are failing to tackle.
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4.3.4 The authority must ensure that any exercise of the power to require additional or selective licensing is consistent with the authority's overall housing strategy and adopt a co-ordinated approach in connection with other measures taken by the authority to address these issues. 4.3.5 Local Authorities can now introduce Additional and Selective licensing schemes without the need to refer to the Secretary of State as a result of general approval subject to compliance with the Housing Act 2004 and government guidance and a consultation period of not less than 10 weeks
4.4 Equality 4.4.1 Northampton Borough Council wants to ensure that all private rented properties in the borough offer residents a choice of safe, quality and well managed accommodation in all areas of the town.
4.5 Consultees (Internal and External) 4.5.1 Not applicable
4.6 How the Proposals Deliver Priority Outcomes 4.6.1 Our corporate vision aims to raise residents’ aspirations and provide support in the borough to achieve community resilience, deliver sustainable improvements to the local environment and improve housing conditions and property management.
4.7 Other Implications 4.7.1 None
5. Background Papers
5.1 Communities and Local Government - Licensing of Houses in Multiple Occupation in England.
Fran Rodgers Head of Strategic Housing 0300 330 7000
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