Council Meeting

COUNCIL MEETING

Date: 11 January 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30 pm

Present: Councillors:- Sarah Peacock (Chairman) Sue Homer (Vice-Chairman) Andy Mercer (Leader of the Council)

David Bateman Gill Mercer Tony Boto Steven North Albert Campbell Brian Northall Lisa Costello Roger Powell Mike Finch Duncan Reid Richard Gell John Richardson MBE Glenvil Greenwood-Smith Anna Sauntson Philip Hardcastle Ron Silver Glenn Harwood MBE Phillip Stearn Marian Hollomon Robin Underwood Richard Lewis Pam Whiting Eloise Lucille Clive Wood Peter MacGovern Colin Wright

Also Present: Graham Blagden (Chairman of the Standards Board)

304. APOLOGIES FOR ABSENCE

Councillors Peter Bedford, David Brackenbury, Wendy Brackenbury, Pauline Bradberry JP, Dudley Hughes JP, Sylvia Hughes, Sean Lever, Ron Pinnock and Rupert Reichhold sent their apologies.

305. MINUTES

The minutes of the meeting held on 2 November 2009 were approved and signed by the Chairman.

306. DECLARATIONS OF INTEREST

Councillor Andy Mercer declared a personal interest in item 11 (Northamptonshire Fire & Rescue Service Strategic Plan) as Chairman of the County Council Committee responsible for authorising the implementation of the Plan.

307. CHANGE IN ORDER OF PROCEEDINGS

The meeting agreed that item 11 (Northamptonshire Fire & Rescue Service Strategic Plan) be taken next in the proceedings.

Council Meeting – 11 January 2010 Page 396

308. NORTHAMPTONSHIRE FIRE & RESCUE SERVICE STRATEGIC PLAN

The chairman welcomed Shaun Hallam, Programme Manager, and Lauren Oxlade, IRMP Project Co-ordinator, Northamptonshire Fire and Rescue Service to the meeting.

Shaun Hallam gave a presentation on the Service’s Strategic Plan and answered Members’ questions on various aspects of the Fire & Rescue Service. The presentation was part of the consultation process on the Strategic Plan, comments on which were sought by 18 January.

Members’ questions and comments included the following points:-

• The use, and recruitment of, retained firemen • Review of the duty system • Attendance at road traffic collisions; the need to improve performance and the intention to work with other agencies • The use of specialist support rescue equipment based in the south of the County and how help is given to the rural areas • The role of Fire & Rescue in adverse weather conditions • The service provided to remote rural areas • Possible plans to reduce the number of fire stations (no knowledge of any such plans in Northamptonshire).

Shaun Hallam and Lauren Oxlade were thanked for attending the meeting.

309. ANNOUNCEMENTS

The Chairman reported on forthcoming civic functions:-

• Friday 5 March: Ladies Luncheon to coincide with International Womens’ Day • Saturday 24 April: “Boobs and Brains” Concert (with an all ladies’ band – A Vision of Pink) • April: Hosting other Civic Heads at Stanwick Lakes.

310. LEADER’S ADDRESS

Councillor Andy Mercer, Leader of the Council, addressed the meeting as follows:-

“Madam Chairman, fellow Councillors, may I start by wishing you all a happy and prosperous New Year. Unfortunately, I doubt that it will be.

We are in the middle of the deepest and longest Recession since the Great Slump of the 1930’s. The worst effects have been delayed by a splurge of public spending that is completely unsustainable. The public sector is spending around 35% more than it raises in taxation. This cannot go on.

By June this year, we will reach a crisis point. The markets will not allow us to continue with this mind-blowing deficit beyond the summer. Either taxes will have to rise massively, or spending will have to be cut. In practice, I expect the government will do both.

Council Meeting – 11 January 2010 Page 397

The impact on this Council will be a cut in funding from central government of between £1million and £2 million. Hopefully, our income from services will eventually recover, but we must expect a permanent fall of between £1million and £2million in our income annually.

Last year, I saw the financial problems on the horizon, and appointed the Budget Review Group |(BRG) to address them. Because we tackled the looming revenue crisis so early, we stand a better chance of dealing with it than most Councils.

I anticipate that the BRG will identify nearly £1million of revenue savings for next year’s Budget. I had hoped that it would be enough to balance our budget, but I now doubt it. We will probably need a second year of Budget Review, although I am not yet sure what the savings target will be.

It has been said that a Council is a collection of services. In the new era of lean times, we will have to decide precisely what that means in East Northamptonshire.

A workshop will be held in the next month to consider some options for balancing our budget. I ask all Members to try to attend. The decisions that we take over the next year will determine the future of this Council:

• What services we will deliver. • How we will deliver them. • How we will fund them.

Over the last quarter century, this Council has been a very good one. It has delivered targeted, high-quality services at a very low price.

We have never been “mere followers of fashion”. If we couldn’t see a benefit for our community from a new idea, we bypassed it.

Yet at the same time, where new ideas have been good ones, we have been leaders. e.g. we transferred our housing stock nearly a decade ago.

Unfortunately, new ideas will only take you so far, when income shrinks as badly as it is likely to.

Although the theme of the next decade will be “austerity”, it won’t all be “doom and gloom”.

As a District, we have two things going for us:

• Our position at the centre of the Country will always make us attractive for some companies. • The proximity of motor-racing circuits will attract glamorous, high-wage jobs.

The British Grand Prix will be staying at Silverstone until at least 2020. With Silverstone, Rockingham Speedway and Santa Pod so close together, this will continue to be the home of High-Performance-Engineering. Fate occasionally gives you opportunities like this. If we can exploit it, our neighbours will call us lucky. Well, I don’t mind, because you make your own luck.

Over the next year or two, our top priority will be to stabilise our finances, but that does not excuse us from having a vision for the future.

Council Meeting – 11 January 2010 Page 398

And I have a vision for East Northamptonshire. I want a prosperous District with clean, green jobs and high-tech industries. In the future, I want East Northamptonshire to be a place where the future is created”.

311. REPORTS OF COMMITTEES

(a) Policy & Resources Committee – 9 November and 9 December 2009

The reports of the above Committee, presented by the Chairman, Councillor Robin Underwood, were received and he reported on the Committee's work during the current meetings cycle.

RESOLVED:

(1) That the recommendations in the following minutes of 9 December 2009 be approved:-

280 – Taxbase 2010/11

281 – Gambling Policy Statement & Casino Resolution . 282 – Draft Single Equalities Scheme – Council’s Equalities Champion

283 - Constitutional & Procedural Changes.

(2) That, further to minute 283, the additional changes to the Terms of Reference of the Planning Policy Committee, as tabled at the meeting and set out in Appendix 1 to these minutes at page 402, be approved.

(b) Development Control Committee – 11 November, 18 November and 2 December 2009 and 6 January 2010

The reports of the above Committee, presented by the Vice-Chairman, Councillor Gill Mercer, were received.

The report of the above Board, presented by the Chairman, Graham Blagden, was received and he reported on the Committee's work during the current meetings cycle.

(d) Scrutiny Committee – 7 December 2009 and 5 January 2010

The reports of the above Committee, presented by the Chairman, Councillor Phillip Stearn, was received and he reported on the Committee's work during the current meetings cycle.

(e) Audit & Risk Management Committee – 16 December 2009

The report of the above Committee, presented by Councillor Steven North, was received and he reported on the Committee's work during the current meetings cycle.

Council Meeting – 11 January 2010 Page 399

312. OTHER REPORTS

(a) Representation on Outside Bodies

Councillor Richard Lewis reported on the work of Rushen MIND.

(b) Taxi Panels

The minutes of the meetings of the Taxi Panel held on 30 September, 9 October, 28 October, 17 November and 27 November 2009 were received.

The minutes of the meetings of the Licensing Panel held on 30 October and 7 December 2009 were received.

313. QUESTIONS UNDER COUNCIL PROCEDURE RULE 10.2

There were no questions.

314. APPOINTMENTS

(a) East Northamptonshire Standards Board

Further to minute 214 of the last meeting, Members were advised that interviews for a new Independent member to serve on the Board had now been completed and on the recommendation of the Chairman of the Board, it was

RESOLVED:

That Mr Graham Matthews be appointed as an Independent Member of the East Northamptonshire Standards Board.

(b) Three Towns Working Party

The Leader of the Council reported in relation to the Three Towns Working Party. As the membership of the Working Party had not been agreed at the Annual Meeting of the Council in May 2009, he sought confirmation of his interim action, taken in consultation with the Chairman of the Planning Policy Committee, to appoint Members to the Working Party, to allow a joint meeting to take place on 10 December 2009. He also asked that the Working Party be appointed in future by the full Council to allow for a membership not confined to the Planning Policy Committee.

RESOLVED:

(1) That the interim appointment of Councillors David Brackenbury, Sean Lever, Andy Mercer, Steven North, Robin Underwood and Pam Whiting to the Three Towns Working Party for the purposes of the joint meeting held on 10 December 2009, be confirmed.

Council Meeting – 11 January 2010 Page 400

(2) That the principle that Members of the Working Party be drawn from the membership of the full Council rather than the Planning Policy Committee alone be agreed, although any minutes of any meetings of the Working Party be submitted to the Committee for consideration.

(3) That, for the remainder of the current Council year, the membership of the Working Party comprise the Councillors identified in resolution (1) above together with additional Councillors notified to the Chief Executive by the Leader of the Council.

Chairman

Council Meeting – 11 January 2010 Page 401

APPENDIX 1 TO COUNCIL MINUTE 311 (a)

Further changes in bold italics and deleted text

Planning Policy Committee

Approved by Planning Policy Committee – 5 June 2008 – Minute 39 and amended by Council on 11 January 2010

1 The Planning Policy Committee comprises 15 members appointed by the full Council at the Annual meeting, in accordance with the statutory political balance requirements, to be responsible for the formulation and development of the Council’s Local Development Framework within the meaning of the Planning and Compulsory Purchase Act 2004.

2 The Planning Policy Committee coordinates the implementation of spatial planning policy and determines the strategic planning objectives for East Northamptonshire within the framework provided by the agreed North Northamptonshire Core Spatial Strategy.

3 Functions which are delegated, for example to a standing sub committee, working party or an Officer, and the limits of that delegation, are defined in Table 1 of the Constitution.

4 The Committee’s terms of reference are:

(i) To lead the preparation of the Local Development Framework (LDF) for East Northamptonshire; (ii) To determine a Local Development Scheme for East Northamptonshire, in conformity with the Core Spatial Strategy for North Northamptonshire, including the approval of the timetables, programmes and development plan documents forming the LDF; (iii) To consider the community’s response to consultation on land use policy issues in accordance with the Statement of Community Involvement; (iv) To agree the strategic policies, area strategies and allocations, and monitoring frameworks that comprise the LDF for East Northamptonshire, (v) To establish (unless reserved to the full Council) appropriate three area working parties to guide the preparation of plans for various parts of the District (i) the Rural North, Oundle & Thrapston, (ii) the towns of Rushden, Higham Ferrers & Irthlingborough (The Three Towns) and (iii) Raunds and their associated vill ages ; (vi) To receive the minutes of, and consider recommendations for area strategies and allocations, and monitoring frameworks arising from the work of, the three area working parties; (vii) To approve draft policy documents for public consultation and Plans for submission; (viii) To consider the timing and prioritisation of Plans and proposals recommended by the area working parties;

Council Meeting – 11 January 2010 Page 402

EAST NORTHAMPTONSHIRE STANDARDS BOARD

Date: 13 January 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.00 pm

Present: Graham Blagden (Chairman)

East Northamptonshire Glenvil Greenwood- Smith Roger Powell Councillors: Brian Northall

Town and Parish Councillors: Don Campbell Sue North

Prudence Goss Arthur Whittaker

Independent Members: Hilary Daniels Lance Quantrill

PART A ITEMS

315. MINUTES

The minutes of the meeting held on 18 November 2009 were approved and signed by the Chairman.

316. APOLOGIES FOR ABSENCE

Councillor Barbara Jenney and Mr Graham Matthews sent apologies. The Committee noted that the appointment of Mr Graham Matthews as an Independent Member of the Standards Board had been confirmed at Full Council on 11 January 2009.

317. DECLARATIONS OF INTEREST

Mrs Sue North and Councillors Glenvil Greenwood-Smith, Brian Northall and Roger Powell declared a personal interest in agenda item 4 as they each knew some of the Rushden Town Council Members requesting a dispensation.

318. THE RELEVANT AUTHORITIES (STANDARDS COMMITTEES) (DISPENSATIONS) REGULATIONS 2002

Secondary legislation made under the Local Government Act 2000 empowered the Board to consider and, in certain specified circumstances grant, dispensations in respect of Members of East Northamptonshire Council and the Town and Parish Councils in East Northamptonshire.

Standards Board – 13 January 2010 Page 403

The Board considered a formal request for dispensations from eleven Rushden Town Councillors in respect of discussions about the transfer of the public conveniences in Duck Street and Newton Road from East Northamptonshire Council to the Town Council due to their position as members of both Councils, in accordance with the Relevant Authorities (Standards Committee) (Dispensation) Regulations 2002.

The Board discussed a suitable time limit for the dispensation which would ensure the Town Council had sufficient time to discuss the transfer of the public conveniences as part of their budget-setting process.

It was noted that the Monitoring Officer would discuss with the Members who had requested the dispensation their position regarding discussing the transfer of the public conveniences at District Council meetings and it was expected that the appropriate declarations of interest would be made. The Board agreed that the letter regarding the Board’s decision would make clear that the dispensation would only relate to discussions of the transfer of the conveniences at Rushden Town Council meetings.

RESOLVED:

That the request for a dispensation for Councillors C Wright, R Lewis, Mrs G Mercer, S North, R Underwood, A Mercer, Mrs M Hollomon, Mrs S Peacock, C Wood, R Pinnock and Mrs B Jenney, of Rushden Town Council in respect of discussions about the transfer of the public conveniences in Duck Street and Newton Road from East Northamptonshire Council to the Town Council, be granted until 31 March 2011.

Chairman

Standards Board – 13 January 2010 Page 404

POLICY & RESOURCES COMMITTEE

Date: 18 January 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30 pm

Present: Councillors:-

Robin Underwood (Chairman) Wendy Brackenbury (Vice-Chairman) Andy Mercer (Leader of the Council)

David Brackenbury Glenn Harwood MBE Pauline Bradberry Sylvia Hughes Albert Campbell Richard Lewis Lisa Costello Steven North Roger Glithero John Richardson MBE Philip Hardcastle Anna Sauntson

PART A ITEMS

319. MINUTES

The minutes of the meeting held on 9 December 2009 were approved and signed by the Chairman.

320. APOLOGIES

No apologies were received.

321. DECLARATIONS OF INTEREST

The following Councillor declared a personal and prejudicial interest in the agenda item indicated and was not present during the discussion and voting on the item:-

Councillor Item(s) Nature of Interest Robin Underwood 6 Mother-in-law uses the Nene & Ouse Community Transport (NOCT)

Councillor Underwood left the room during the discussion and voting on item 5(a) and the Chair was taken for this item by the Vice-Chairman, Councillor Wendy Brackenbury.

The following Councillors declared a personal interest in the agenda items indicated but remained in the meeting during the discussion and voting thereon:

Councillor Item(s) Nature of Interest Wendy Brackenbury 6 Observer on NOCT Steven North 8 Role working for a Member of Parliament

Policy & Resources Committee – 18 January 2010 Page 405

Andy Mercer 9 Member of Northamptonshire County Council

322. QUESTIONS BY MEMBERS UNDER COUNCIL PROCEDURE RULE 10.3

There were no questions.

323. MINUTES OF THE ASSET MANAGEMENT PANEL

The minutes of the meeting of the Asset Management Panel, held on 26 November 2009, were received, and the recommendation contained in minute 5.5 considered. The minutes appear at pages 411 to 413 and form part of this minute.

RESOLVED:

That the following recommendation be approved:-

Minute 5.5 (Revenue and Capital Budgets)

(1) That the Capital Programme for 2009/10 and the five year Asset Management Capital Repairs and Renewals Programme (as set out in Appendices 1 and 2 to these Minutes), be approved for inclusion within the respective capital and revenue budgets.

(2) That approval be given for the release of amounts included within the Capital Programme for 2009/10.

324. MINUTES OF THE PERSONNEL SUB-COMMITTEE

The minutes of the meeting of the Personnel Sub-Committee, held on 14 December 2009, were received. The minutes appear as pages 414 to 419 and form part of this minute.

It was noted that the Chief Executive and Head of Organisational Development had met with Unison regarding the proposed changes to employee pay and benefits and were awaiting the union’s response. Members were also pleased to note that East Northamptonshire Council’s average number of days lost to sickness per full time equivalent were the lowest in the county.

325. NENE AND OUSE COMMUNITY TRANSPORT (NOCT)

The Committee considered a report which set out the options for future funding for NOCT. Members noted that the Council had provided funding support for NOCT since 2007 due to an awareness of rural isolation and poor transport services in some parts of the district. NOCT provided a ring and ride minibus service as well as a volunteer car service for medical trips. Members noted that the Committee had approved a new model for how the Council would fund the voluntary sector to be introduced for April 2011 so any funding offered to NOCT would be for 2010/11 only. The Chief Finance Officer advised that in accordance with earlier policy decisions the proposed revenue budget for 2010/11 did not include any provision to support NOCT and therefore any financial support offered for the next year would have to be met from the £100,000 contingency provision included in the revenue estimates considered and approved under Minute Number 332.

Policy & Resources Committee – 18 January 2010 Page 406

Members discussed their concerns that the service enabled members of the public to travel and spend money outside the district and that the minibuses were primarily used for social outings. The availability of bus passes and travel tokens for social and other trips was noted. The Committee also expressed concern about NOCT’s business plan.

The voluntary car scheme enabled people to get to medical and other essential appointments. This scheme had cost £6000 to run during 2007/08. Members agreed that this was an important service to support. The Committee were referred to the policy statements relating to community transport that had been approved on 18 February 2008 (minute 320a refers) and noted that these included an aim to fund voluntary car schemes for medically related trips.

RESOLVED:

That Nene and Ouse Community Transport be offered £6000, plus the increase in transport costs since this estimate was given to the Council in 2007, for transport for medical purposes through the Voluntary Car Scheme for 2010/11.

326. FEES AND CHARGES – NEW CHARGING POLICY FRAMEWORK

The Committee considered a new charging policy framework and proposals for its implementation by 2011/12. The new framework was the outcome of a corporate project set up to ensure the Council had a robust policy for charging for services. The project had been initiated because there had not been a wide review of what services the Council charged for and the level of charges for a number of years. The new framework was designed to ensure that charges were consistent with the Council’s corporate outcomes, that income was maximised, and that any subsidy provided was as a result of a clear and conscious decision.

It was noted that officers would review all services upon which the Council could legally levy a charge but the final decision on charges would be made by the Committee. Members were given assurance that officers would get a policy steer early on in the process should they consider a new area for charging and that the final decision on all charges would be made by the Policy and Resources Committee.

RESOLVED:

That the proposed order of implementation detailed in the report and the new charging policy framework, as set out in pages 420 to 427 be approved.

327. REVIEW OF THE HOUSING ALLOCATION POLICY

Members considered a revised Housing Allocation Policy. The Council’s previous Housing Allocation Policy had been amended in 2006 to take into account the introduction of Nene Valley Homechoice and the introduction of Choice Based Lettings. The key changes that had been made to the policy since its last review in April 2009 concerned use of Medical/Social Priority Card Status, a reduction in the number of offers which would be made before an application for housing was deferred, the introduction of a statement regarding anti social behaviour in order to strengthen the policy in this area, and a change in approach regarding the assessment of applicants with rent arrears.

Policy & Resources Committee – 18 January 2010 Page 407

Members noted a few typographical errors for correction and amended the statement on equal opportunities to read, ‘Our aim is to ensure that no person applying for housing is treated less or more favourably on the grounds of their race, colour, ethnic origin, religion or beliefs, age, physical appearance, disability, gender, sexual orientation or marital status.’

The Committee discussed the issue of anti social behaviour in depth and considered how the Housing Allocation Policy could help mitigate the problem. Members requested that in future the statement on anti social behaviour be strengthened but made no further changes to the revised policy.

RESOLVED:

That, subject to the amendments suggested by the Committee, the revised Housing Allocation Policy at pages 428 to 451 be adopted to take effect from 1 February 2010.

328. NORTHAMPTONSHIRE FIRE AND RESCUE SERVICE STRATEGIC PLAN CONSULTATION

Members had received a presentation about the Northamptonshire Fire and Rescue Service Strategic Plan at the Council meeting on 11 January. The Committee did not wish to make representation.

329. EXCLUSION OF PUBLIC

It was

RESOLVED;

That the public and press be excluded from the meeting during consideration of the following item of business because exempt information, as defined under paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972, may be disclosed.

330. NON DOMESTIC RATES – REVIEW OF RATE RELIEF

The Head of Revenue and Benefits presented a report on a five yearly review of Rate Reliefs to Members. The legislation provided for charities, not for profit organisations and certain businesses situated in rural settlements to receive relief of rates. The Members noted that central government reimbursed the full cost of granting mandatory relief. Where relief was ‘topped up’ with additional discretionary relief it would reimburse 25% of the additional relief. Where only discretionary relief was given it would reimburse 75% of the relief given. The remaining costs were borne by the Council’s Revenue Budget.

RESOLVED:

(1) That the mandatory relief given to the organisations listed in the appendix to the report be approved for a further five years from 1 April 2010 subject to each organisation submitting a valid application and remaining eligible for relief based on revised rateable limits;

(2) That the Guidance Notes be approved;

Policy & Resources Committee – 18 January 2010 Page 408 (3) That existing discretionary rate relief given to the organisations listed in the appendix to the report be approved for a further five years subject to the organisation remaining eligible based on a revised rateable value.

331. NON DOMESTIC RATES – DISCRETIONARY RATE RELIEF

The Committee considered an application for discretionary rate relief from an organisation. After discussion of the application, it was

RESOLVED

That no additional relief be granted to the applicant (rate reference: 600900898).

PART B ITEMS

332. MINUTES OF THE FINANCE SUB-COMMITTEE

The minutes of the meetings of the Finance Sub-Committee, held on 14 December 2009 and 4 January 2010, were received, and the recommendations in 5 and 6 (14 December 2009) and 4 and 5 (4 January 2010) were considered. The minutes appear at pages 452 to 470 and form part of this minute.

RESOLVED:

That the following recommendations be approved:-

Minute 5 – 14 December 2009 (Revenue Monitoring)

That the maximum amount transferred from general fund revenue reserves for 2009/10 be capped at £1,617,147 and any future funding requests, for additional revenue expenditure, be financed from savings elsewhere in the approved budget.

Minute 6 – 14 December 2009 (Medium Term Financial Strategy 2010/11 to 2013/14)

That the Medium Term Financial Strategy (outlined in Appendices 1, 2 and 3 attached to these minutes) be approved, subject to:

(i) the plans to bring the Medium Term Financial Strategy back into balance be brought back to a future meeting of this Sub Committee;

(ii) the maximum use of revenue reserves over the period of the Medium Term Financial Strategy be set at £2m; and

(iii) a minimum level of £1.7m for revenue reserves be approved.

Minute 4 – 4 January 2010 (Revenue Budgets 2010/11)

(1) That the draft Revenue Budget for 2010/11 (outlined in Appendices 1, 2 and 2a attached to these minutes), including the use of earmarked

Policy & Resources Committee – 18 January 2010 Page 409 reserves to fund certain items, be approved, subject to further savings which may be agreed at the Policy and Resources Committee on 22 February 2010.

(2) That a Contingency Reserve of £100,000 be approved for inclusion within the Revenue Budget.

It was further

R.10 RESOLVED TO RECOMMEND:

Minute 4 – 4 January 2010 (Revenue Budgets 2010/11)

That the Prudential Indicators (outlined in Appendix 3 attached to these minutes) be approved.

Minute 5 – 4 January 2010 (Capital Programme 2009/10 to 2017/18)

That the Capital Programme for 2010/11 to 2017/18 (outlined in Appendices 4, 5 and 6 attached to these minutes), be approved.

Chairman

Policy & Resources Committee – 18 January 2010 Page 410

Appendix To Minute Number 323

EAST NORTHAMPTONSHIRE COUNCIL

Asset Management Panel

Minutes of a meeting held on 26 November 2009 at East Northamptonshire House.

Present:

Councillors: Roger Glithero JP, Philip Hardcastle, Andy Mercer, Steven North and John Richardson MBE. Officers: Robert Austin (RA) Head of Resources Richard Hankins (RH) Property Manager Peter Cooper (PC) Democratic Services (Minutes)

ACTION 1. APPOINMENT OF CHAIRMAN

RESOLVED:

That Councillor Philip Hardcastle be appointed Chairman of the Panel for PC 2009/10.

2. APOLOGIES

2.1 Mark Lovell, Executive Director, sent his apologies.

3. DECLARATIONS OF INTEREST

3.1 No interests were declared.

4. MINUTES

4.1 The minutes of the meeting held on 16 February 2009 were received and approved.

5. ASSET MANAGEMENT - REVENUE AND CAPITAL BUDGETS

5.1 The Panel received a report seeking approval for the amounts to be recommended to the Policy and Resources Committee for inclusion in the revenue and capital budgets to undertake the works required to the Council’s land and buildings, and a summary of the revenue and capital implications of these.

5.2 Members noted the costs of bringing Kings Mead Road up to adoptable standards had been included within the capital programme for 2012/13 and that the works were dependant upon further development at this site.

5.3 The Panel discussed the proposed £100,000 five year light fitting replacement programme for East Northamptonshire House and requested that priority should be given to safety and that any unsafe light fittings be replaced at the earliest opportunity. RH stated that there would be a rolling

Policy & Resources Committee – 18 January 2010 Page 411

ACTION programme to inspect the lights over the five year period, starting in the Stone Building which had the oldest fittings. He assured Members that spot checks would be undertaken throughout the building to ensure that fittings were safe.

5.4 The Panel noted that tests were being undertaken on the foundations of Unit 9 at Enterprise Road, Raunds, after subsidence had been found at that unit, and that the works would be undertaken soon at an estimated cost of £20,000.

5.5 It was agreed that the decommissioning costs of the Newton Road Depot RH Site, Rushden, be investigated and reported back to a future meeting.

RESOLVED TO RECOMMEND: RA

(2) That approval be given for the release of amounts included within the Capital Programme for 2009/10.

6. LAND PURCHASE ENQUIRIES

The Panel was informed of two requests to purchase land owned by the Council.

(a) Barrington Road, Rushden

6.1 Requests to buy two plots of land at Barrington Road, Rushden had been received from:

(a) Castleoak Care Developments Ltd - 1.5 acres for the construction of a 60 bed extra care home; and

(b) Rushden Gospel Hall Trust – land opposite the new doctors surgery.

6.2 The land had been valued at £0.75m and £1.9m respectively.

6.3 Members were asked to consider whether the land should be sold now and release the capital receipt, bearing mind the fall in land prices this year, or sell the land in two years when prices could have recovered. Selling now would reduce the requirement for short term borrowing to finance the capital programme and potentially save £120,000 per annum for the two years until the land was sold. However, selling the land in the future could reduce the potential capital receipt by £1.5m to £2m.

6.4 Officers mentioned a previous decision taken by the Panel not to sell the land and recommended both parties be informed that the Council would not sell the land at this time but would be minded to do so in the future.

6.5 It was suggested that, in order to enhance their value, outline planning permission for residential use be sought for these two plots of land.

Policy & Resources Committee – 18 January 2010 Page 412

ACTION

RESOLVED: RH

(1) That the requests to purchase the two plots of land at Barrington Road, Rushden be declined and the interested parties be informed that the Council will consider the matter again in the future.

(2) That an outline planning application be submitted for residential use of the two plots of land.

(b) Land adjacent 37 Thorpe Street, Raunds

6.5 A request had been received from Ms Sonia Freeman of 37 Thorpe Street, Raunds, to purchase a plot of land adjacent to her property, including a small area of land not presently part of the lease agreement. The land had been leased to Ms Freeman since 1978. The current five year lease had commenced on 24 October 2007, with a rent of £110 per annum.

6.6 In October 2007, the land had been valued at £10,000. Based on recent valuations, the value could have halved and it was recommended that the land should be sold to Ms Freeman at the end of the current lease agreement in October 2012.

6.7 Members discussed the potential of the area of land adjacent to 37 Thorpe Street, owned by the Council for future residential development and considered that the plot of land should not be sold.

RESOLVED: RH

That the request to purchase the plot of land adjacent to 37 Thorpe Street, Raunds, be refused.

7. OUNDLE TOWN ENQUIRY – LAND ADJACENT THE JOAN STRONG CENTRE, HERNE PARK, OUNDLE

7.1 The Panel noted that Oundle Town Council had enquired about the possibility of purchasing land owned by this Council adjacent to the Joan Strong Centre, East Road, Oundle, known as Herne Park. The site contained a bungalow leased to MIND by this Council.

7.2 The Town Council was reviewing its options for the provision of community facilities and considering the feasibility of developing a purpose built site in Oundle.

8. DATE OF NEXT MEETING

8.1 It was agreed that PC would consult with the Chairman to agree the date of PC the next meeting.

Policy & Resources Committee – 18 January 2010 Page 413

Appendix to Minute Number 324

Personnel Sub-Committee

Minutes of a meeting held on 14 December 2009 at 6.00 pm at East Northamptonshire House, Thrapston

Present: Councillors Roger Glithero (Chairman) Wendy Brackenbury Sylvia Hughes Andy Mercer

Katy Everitt Head of Organisational Development (KE) David Oliver Chief Executive (DO) Keith Osborne Democratic Services Manager (KO)

Action 1.0 MINUTES OF PREVIOUS MEETING

1.1 The minutes of the meeting held on 20 October 2009 were approved and signed as a correct record.

2.0 APOLOGIES FOR ABSENCE

2.1 David Brackenbury sent his apologies.

3.0 DECLARATIONS OF INTEREST

3.1 David Oliver, Katy Everitt and Keith Osborne declared a personal interest in item 5 (Review of Employee Pay and Benefits) as proposals which eventually came forward for discussion could affect their wellbeing.

4.0 QUESTIONS

4.1 There were no questions.

5.0 REVIEW OF EMPLOYEE PAY & BENEFITS

5.1 KE reported that, following the decision on the cessation of life assurance benefits at the end of the current calendar year (minute 8.5 of the last meeting refers), all but three employees had agreed in writing to the change in their terms of employment. The Sub-Committee was advised of the process being followed in relation to the three employees who had not signed the form and associated risks to the Council.

5.2 Both DO and KE outlined the progress being made with the employee workshops being held to discuss options for making savings in the staffing budget and hear

Policy & Resources Committee – 18 January 2010 Page 414

staff views. Six workshops had been held so far, on 7 and 8 December, with a further two workshops planned for 15 December. The messages emerging from the workshops already held were reported to the Sub-Committee and there were already areas of potential agreement, which were noted by Members, who reiterated their wish to avoid redundancies but to effect other savings in the staffing budget instead.

5.3 The approach being adopted by the Council, and the discussions being held with staff, had been commended by UNISON. SMT hoped to finalise a package of proposals by the end of December 2009/early January 2010, and would keep the Chairman and Vice-Chairman of the Sub-Committee closely briefed on progress.

6.0 VETTING & BARRING SCHEME

6.1 Further to minute 5.1 of the last meeting, the Head of Organisational Development reported on the implications of undertaking ISA checks on employees who worked with children or vulnerable adults. There were a number of target dates to comply with but the Council was under an obligation to meet certain requirements of the appropriate supplementary legislation now. It was estimated that some 57 employees would be affected and the cost of checks would be £64 per employee. Approaches were being made to other local authorities to establish how the scheme would work in practice and the implications for staff if checks revealed issues or employees refused to undergo checks.

6.2 A further report would be made to the Sub-Committee in due course.

7.0 CURRENT OUTSTANDING STAFF VACANCIES

7.1 The Sub-Committee received and noted a Schedule of current outstanding staff vacancies, arranged in three categories (a) posts currently being advertised (b) vacant posts not being filled and (c) vacant hours not being filled. The dates when the posts had become vacant were indicated, together with the estimated savings for 2009/10 and the next two financial years if the posts or vacant hours remained unfilled.

7.2 It was

RESOLVED:

That SMT examine the vacant posts and vacant hours which are not being filled, and provided that there are no capacity issues, make recommendations to the Budget Review Group on permanent changes to the establishment.

8.0 XcHANGE GROUP

8.1 The minutes of the meeting of the Xchange Group held on 1 October 2009 were received. The minutes are set out on pages 4 to 6.

9.0 SICKNESS DATA & BUPA

9.1 The Sub-Committee were given comparative figures for days lost to sickness per full time equivalent for all District and Borough Councils in Northamptonshire in 2008/09 and the position in September 2009. Members were pleased to note

Policy & Resources Committee – 18 January 2010 Page 415

that East Northamptonshire Council’s figures for these periods were the lowest in the County, and stood currently at 2.86 days.

9.2 Details of the cost of BUPA payments and the number of claims in the last three years from October 2006 were given to the Sub-Committee.

10.0 DATE OF NEXT MEETING

10.1 The Sub-Committee noted that the next meeting had been arranged for Tuesday KO 2 February 2010.

Chairman

Policy & Resources Committee – 18 January 2010 Page 416

Xchange Group

Minutes from the meeting held on Thursday 1 October 2009 in room CHG2

Present: Palden Dorje PD Chair & Unison Representative Mark Lovell ML Executive Director Julie Lee JL Customer Services Representative Symon Adamson SA Revenues and Benefits Services Representative Carolyn Aldridge CA Policy & Community Development Representative Katy Everitt KE Head of Organisational Development Pauline Matheson PM Organisational Development Representative Rachel Reeds RR Resources Representative

Minutes: Alice Duggan

1 Apologies for absence Brian Harrison David Oliver Thomas Morrissey Heidi Lightfoot Romina Vella

2 Minutes of the last meeting 13 August 2.1 It was noted that the minutes of the meeting on 13 August had been agreed but had not been recorded officially and approval of the minutes would need to be on each meeting agenda. PD

3 Matters arising from the minutes 3.1 The group welcomed PD to her role as Chair of the group and KE and PD made it clear that PD was acting strictly as Chair and would not be using her position to promote Unison.

4 Update on consultation 4.1 KE tabled two papers which summarised the results of the consultations.

4.2 Workplace Drugs and Alcohol Policy and Procedure The group noted that staff feedback had been presented to the Personnel Sub- Committee (PSC) on 8 September 2009 and it was decided that, at that current time, the Council did not want to put a Workplace Drugs and Alcohol Policy into place. Members asked that existing policies and procedures be used to deal with KE & PSC any drugs or alcohol issues that may arise in the workplace. KE and the PSC Members members would be looking at how this could be implemented to give staff clear guidance.

Policy & Resources Committee – 18 January 2010 Page 417

4.3 Bupa and Life Assurance It was noted that 56% of the workforce had responded to the employee benefits consultation. The results from the consultation showed that the majority of staff agreed that the Life Assurance should be removed and KE said it is likely that this benefit will be removed in the near future subject to agreement by the PSC. The KE & PSC majority of staff felt that Bupa should remain in place. KE would discuss these Members results further with the PSC on 20 October 2009 and staff would be informed of decisions as soon as possible. KE confirmed that at the moment both benefits remain in place.

5 Car Scheme 5.1 As a result of the pressures on the budget. It was expected that the Budget Review Group (BRG) would be looking at it in the future but as part of the holistic approach highlighted elsewhere in these Minutes.

6 Employee Workshop – reducing employee costs 6.1 ML advised Xchange that the Council still need to make savings from the revenue budget and staffing budgets where a significant proportion of our controllable expenditure is. KE and ML asked Xchange members if they thought holding an employee workshop would be useful. Xchange said it would and said the workshop should consider the following:

1. Confirmation of how much money needs to be saved from the budget. 2. How the staffing budget is currently spent and it contributes to the overall spending. 3. Employee ideas on how the budget could be reduced with a view to producing a list of “saving priorities”.

6.2 Xchange agreed that they would rather have one decision about how the savings will be made rather than “dragging it out” over a series of decisions.

XChange noted the importance of engaging with staff that would be unable to 6.3 attend the workshop and suggested that the list drawn up at the workshops should be published on Eunice.

7 Big Team Meeting 7.1 As agreed at the XChange meeting on 13 August, the first Big Team meeting would focus on the current financial situation. At that time a date had not been finalised.

8 Pennies from Heaven 8.1 KE gave an overview of how much money has been made from Pennies from Heaven in the past 12 months and also how much the Council have to pay towards administration charges. They were as follows: KE • We have 38 employees (around 16% of our workforce) who contribute to the scheme • In the past 12 months we raised £214.72 • The Council has to pay an administration cost of £115 per annum to participate in the scheme.

Policy & Resources Committee – 18 January 2010 Page 418

8.2 Due to the administration cost of Pennies from Heaven, XChange agreed that the scheme should be removed and instead put charity collection boxes out around the Council. KE agreed to contact those staff who currently participate in the scheme to advise them of the change. It was agreed that more charity collection boxes could be displayed in addition to those that are already in place. JL noted that collection boxes could not be placed on the Reception area.

9 Best Public Sector Employer to Work For 9.1 KE noted that the questionnaires would be sent to staff for completion on 3 November.

10 Future meeting dates 10.1 KE noted that it was necessary to review the dates for meetings and that she would circulate proposed dates.

Policy & Resources Committee – 18 January 2010 Page 419 Appendix to Minute Number 326

Charging Policy Framework

Draft for consultation

Providing a framework for setting and reviewing fees and charges Policy & Resources Committee – 18 January 2010 Page 420

If you would like to receive this publication in an alternative format (large print, tape format or other languages) please contact us on 01832 742000.

Policy & Resources Committee – 18 January 2010 Page 421

Document Version Control

Author (Post holder title) Pauline Matheson (Business Analyst) Type of document Policy (strategy/policy/procedure) Version Number 0.6 Document File Name Charging Policy Framework Issue date December 2009 Approval date and by who (SMT / committee) Document held by (name/section) Pauline Matheson/ Organisational Development For internal publication only or external Internal also? Document stored on Council website or Eunice Eunice? Next review date December 2010

Change History

Issue Date Comments

NB: Draft versions 0.1 - final published versions 1.0

Consultees

Internal External e.g. Individual(s) / Group / Section e.g. Stakeholders / Partners /Organisation(s) Heads of Service SMT Project team Members

Distribution List

Internal External e.g. Individual(s) / Group / Section e.g. Stakeholders / Partners /Organisation(s)

Links to other documents

Document Link

Additional Comments to note

Policy & Resources Committee – 18 January 2010 Page 422

Contents Page

1.0 Introduction 5

2.0 Statement of intent 5

3.0 Scope 5

4.0 Charging policy aims and principles 5 4.1 Charging policy aims 5 4.2 Charging policy principles 6

5.0 Which services the Council should charge for 6

How charges should be calculated 6.0 7

7.0 Which service users should receive a subsidy 7

8.0 How this policy will be implemented 8

9.0 Reviewing fees and charges 8

10.0 Monitoring and reviewing progress 9

Policy & Resources Committee – 18 January 2010 Page 423

1.0 Introduction

1.1 Under section 93 of the Local Government Act 2003 local authorities now have greater powers to charge for discretionary services.

1.2 In recent years there has continued to be increasing pressures on local authorities to make best use of the charging opportunities and to recognise the importance of recovering costs by charging for services.

1.3 The Audit Commission report into this subject, “Positively Charged – Maximising the benefits of local public service charges” (January 2008), has emphasised the need for Councils to have an agreed policy on charging for discretionary services in order to demonstrate clearly to the public the rationale for charging or for having to increase charges.

1.4 The decision on whether to make a charge (and its level) is not always within the control of the Council as there are a range of statutory charges set nationally by Central Government. But where it is, it is important that the implications of the charging decisions being taken are fully understood and that Members have the appropriate information they need to make informed choices.

2.0 Statement of intent

2.1 The purpose of this policy is to provide a framework for how the Council approaches the question of charging for services.

2.2 The application of this policy will bring greater clarity to the process of setting charges and will therefore assist the Council to achieve its corporate outcomes. It is also intended to help guide the process of reviewing charges for existing services and setting charges for any new services that may be introduced in the future .

3.0 Scope

3.1 This policy will:

• apply where the Council controls the level of charge to be made for a given service, • ensure the charge should, in general, be such that it covers the actual cost of providing the service (including support services), • ensure that establishing the ‘right’ price for a service is not simply a case of adding an inflationary increase to last year’s charge.

4.0 Charging policy aims and principles

4.1 Charging policy aims

4.1.1 The Council will aim to maximise net income from fees and charges by ensuring that charges to users reflect the full cost of provision, unless covered by concessions or there are contrary policies, legal or contractual reasons.

4.1.2 All charges within the Council’s control should be reviewed at least annually and this should be timed to fit in with the annual Budget Setting process and the principles of any changes should be available for discussion at the budget meetings.

4.1.3 The annual review of fees and charges should also consider what corporate outcomes the service contributes to, why we are providing the service at all and who benefits. Policy & Resources Committee – 18 January 2010 Page 424

4.2 Charging policy principles

4.2.1 The policy has four fundamental principles:

• fees and charges should maximise net income wherever there is a power or duty to do so providing there is no conflict with political and corporate outcomes, • the net income raised should cover the full costs of providing the service including all overheads, • charges are agreed in a transparent way so they are seen to be fair and are understandable, • in accordance with legislative requirements the Council will carry out an equality impact assessment before applying the policy – whether to a charge or concession.

4.2.2 In addition to the fundamental principles the policy should as administratively simple as possible for all parties

4.2.3 There are situations when the Council may decide not to raise net income when it is empowered to or not to recover the full cost of a service.

4.2.4 Members must be supplied with information to enable them to make these decisions in a structured and explicit manner. A decision to forego net income or to subsidise a service is a policy decision about resources as significant as any decision made in the budget setting process.

4.2.5 Any surplus generated from charging shall be seen as a corporate resource to be used where need is greatest taking into account any legislative provisions already set out.

4.2.6 Fees and charges shall be paid in advance wherever possible; and incentives for payment by direct debit should be explored in cases of periodic payment, wherever possible

5.0 Which services the Council should charge for

5.1 Charges should be made for all services where appropriate and it is therefore the Council’s policy that, in general, service users should make a direct contribution to the cost of providing services at their point of use.

5.2 However, it is recognised that there will be important exceptions that will make charging inappropriate in a number of cases. These include:

• where it is specifically prohibited to make a charge for a service; • where the service in question is delivered to all residents or householders equally and which could therefore be considered to be funded from Council Tax • where the administrative costs associated with making a charge would outweigh any potential net income • where making a charge would be contrary to achieving one of the Council’s corporate outcomes • where charging would be counterproductive (i.e. it may result in a substantial reduction in usage of the service) • where the Council incurs extra charges to enable people to have fair access to services

Policy & Resources Committee – 18 January 2010 Page 425

5.3 When charges for services are reviewed it will be against this background and it will be necessary to consider in each case if exceptions such as those outlined above make charging inappropriate.

6.0 How charges should be calculated

6.1 Where the Council controls the level of charge to be made for a given service, it is the Council’s policy that the charge should, in general, be such that it covers the actual cost of providing the service (including support services).

6.2 All charges should be calculated exclusive of VAT. The Chief Finance Officer is responsible for applying the correct VAT rate for each charge.

6.3 Charges should be set at levels that, as far as possible, do not preclude members of the public from using or benefiting from a service.

6.4 Consideration should be given to the ability of individuals, including those of limited means, to meet the charges and benefit from the service available and consistently reflected in agreed charges.

6.5 Fees and charges should be set at a level so as not to provide subsidies to commercial operators from the council taxpayer

6.6 It is however recognised that this will not be appropriate in all circumstances and the actual amount of charge proposed will need to be a reflection of:

• any relevant Council strategies or policies and any subsidy or concessions given • market conditions and prices charged by competitors and/or other local authorities • the need for all charges imposed by the Council to be reasonable (whilst retaining the flexibility to charge commercial organisations a fair price) • the need to avoid any exploitation of customers who have no option but to use the Council’s services • the desirability of increasing usage of a given service • the possibility of increasing net income to the Council • deterring or incentivising certain behaviours

7.0 Which service users should receive a subsidy?

7.1 In some circumstances it may be appropriate to consider offering an ‘across the board’ subsidy to all users of a particular service where this is consistent with achieving the Council’s outcomes.

7.2 It is also recognised that offering concessions for certain key user groups is consistent with achieving the Council’s corporate outcomes as set out in a range of existing strategies.

7.3 For example, the Council’s equal opportunities policy commits the Council to “providing high quality, value for money services for all members of the community based on fairness and equality”. Concessions are clearly one of the ways in which the Council can fulfil this commitment.

Policy & Resources Committee – 18 January 2010 Page 426

7.4 Recognising this broader agenda, it is the policy of the Council that when charges are reviewed the following approach to concessions should be considered:

• Any category of persons in receipt of means tested benefit is eligible

7.5 It is not appropriate to fix a level of concession as this removes all discretion. However a concession of up to 100% of the full charge may be appropriate in some cases.

7.6 It is recognised that in some circumstances concessions may not be appropriate and that it will be necessary to consider carefully the impact on net income before introducing concessions to service areas that do not currently offer them.

7.7 However, an assessment of the desirability of offering concessions (and the financial implications) needs to form part of the evaluation of an appropriate charge for any given service.

8.0 How this policy will be implemented

8.1 The proposed order for implementation is to look at those services generating the highest levels of net income, together with any areas where no charge is currently made, but other Councils or local providers do make a charge.

8.2 In circumstances where a charge is being introduced for the first time (or being substantially increased) it will be necessary to consider, where the impact is significant, undertaking a consultation exercise and for the public to be informed of the reasons for the Council’s decision.

8.3 Consideration should also be given to the phased implementation of a new or substantially increased charge.

8.4 All fees and charges should be supported by evidence in the form of a written record - such a record should include the fit with Council corporate outcomes, pricing structure and a clear rationale for any concessions or subsidies awarded.

8.5 It will also be necessary for each Head of Service, as part of the preparation of annual service plans, to consider if services currently provided free should be subject to a charge or if good reason exist for maintaining a free service.

9.0 Reviewing fees and charges

9.1 The review of existing charges will be undertaken having regard to the guidelines set out within this policy.

9.2 When charges are reviewed all the factors set out above should be taken into account and an analysis undertaken in order that Members may make informed choices on the level of charge to be set.

9.3 Heads of Service shall also review methods of net income collection on a regular basis to ensure that the most effective and efficient processes are utilised.

10.0 Monitoring and review

10.1 This policy will be reviewed every 12 months to ensure that that it remains appropriate and in line with best practice.

Policy & Resources Committee – 18 January 2010 Page 427

Appendix to Minute Number 327

East Northamptonshire Council

Housing Allocations Policy 2010

Contents Page

Item Page Number Overall Policy Statement of choice Page 1 Definitions Page 2 Legal background Page 4 Aims and Objectives of the Housing Allocations policy Page 4 Equal opportunities & monitoring Page 4

Eligibility Who can apply to join the housing register? Page 5 How can I make an application? Page 5 Change of circumstances Page 6 Misrepresentation Page 6 Information required to register Page 7 Deliberately worsening housing circumstances Page 7 Local connection definition Page 8

The Choice Based Letting Process What type of property will I be considered for? Page 8 What other considerations are there? Page 9 How are applicants selected for allocation Page 9 What are the Bands? Page 9 The bidding process Page 11 Feedback information Page 11 Statutory homelessness Page 11 Intentionally homeless Page 12 Policy & Resources Committee – 18 January 2010 Page 428

Priority card system Page 12 Medical assessment Page 12 Medical/social priority cards Page 13 Medical/social needs assessment panel Page 13 Right to a review a decision not to award a medical/social priority card Page 13 Use of Priority cards Page 13 Ranking of Priority cards Page 14 Transfers and local letting policies Page 14 Offer of tenancy Page 14 Refusals of offers Page 14 Imperial Court Extra care scheme Page 14 Shared ownership Page 15

Exclusions Persons who will be excluded from joining the common housing Page 15 register Persons who may be excluded from joining the common housing Page 15 register Right to refuse making a nomination Page 17 Rent arrears Page 18

Appeals Review of decision Page 18

Updating and monitoring Annual renewal of housing application Page 19 Review of allocation policy Page 19 Appendix 1 Page 20 -22

Policy & Resources Committee – 18 January 2010 Page 429

Statement of Choice

East Northamptonshire Council welcomes the principle of giving applicants an opportunity to express preference in relation to accommodation requirements in the District.

The Council is required to have an Allocation Policy which determines priorities and ensures that reasonable preference is given to those in greatest housing need.

The Common Housing Register has been designed to identify who is in the greatest need for accommodation and to make sure that they are housed to a suitable property as soon as possible. It must however be recognised that there is high demand for social housing in East Northamptonshire and that this demand cannot currently be fully met from the available resources.

East Northamptonshire Council along with its Registered Social Landlord (RSL) partners operate a choice-based lettings system, known as Nene Valley Homechoice. Applicants can bid for as many or as few vacancies as they wish. This enables applicants to consider the location of relatives, employment, schools and general facilities, which are important to the individual.

There will be certain situations where choice cannot be offered in the allocation of housing. For example where an RSL needs to make a management move as a matter of urgency. Such situation will be the exception and occur infrequently.

This Allocations Policy was agreed by the Council’s Policy and Resources Committee at its meeting on 18 January 2010.

Policy & Resources Committee – 18 January 2010 Page 430

Definitions

The words printed in bold appear throughout this document and mean the following.

Assistance as defined by Part VII This means an applicant who is homeless of the Housing Act 1996 - as amended and who did not become homeless by the Homelessness Act 2002 intentionally. They must have a priority need and be eligible for assistance from a local housing authority under powers now contained in the Housing Act 1996, Part VII – as amended by the Homelessness Act 2002.

Common Travel Area Includes the UK, the Channel Island, the Isle of Man and the Republic of Ireland.

Council East Northamptonshire Council or its Managing Contractors.

District The administrative area of the Council of the East Northamptonshire District.

Employment Paid or voluntary employment in the district.

Guarantor Person who holds the legal responsibilities for a tenancy on behalf of another person.

House in Disrepair This means the structure and exterior of a property that is in a bad condition due to a lack of repair or maintenance.

Housing Register A list of applicants who are eligible to apply for housing in the district.

Immediate Family Parents, children, brothers or sisters, step- parents and adult step-children.

Insecure Tenure Accommodation which an applicant has no legal right of occupancy or the legal right to occupy is ending.

Policy & Resources Committee – 18 January 2010 Page 431

Local Connection Existing local connection with the district as a result of residence, employment or immediate family that have been resident in the district for 5 years.

Management Move Exceptional cases where an overriding housing need justifies immediate or more urgent housing.

Nomination A request from the Council to take up a vacancy in social housing stock.

Notice of Determination This is the letter that advises you of our decision to include or exclude your application from the Housing Register.

Registered Social Landlords These are non-profit making landlords who are registered with the Housing Corporation, such as housing associations.

Settled Accommodation This means somewhere you would live for a longer period of time and is considered a home rather than being ’hostel’ type accommodation for a short time.

Social Housing This is used to describe accommodation that is provided by ‘Registered Social Landlords’ or Local Authorities (council housing). The Council in East Northamptonshire no longer owns any housing stock.

Temporary Accommodation Accommodation that is occupied on insecure terms. This could be hostel, refuge or bed and breakfast accommodation. Or accommodation provided under Part VII of the Housing Act.

Policy & Resources Committee – 18 January 2010 Page 432

Allocations Policy

1. Legal background

We have considered all legal requirements (in particular the Housing Act 1996, Part VI, as amended by the Homelessness Act 2002) when drawing up this Allocations Policy.

2. Aims and Objectives of the Housing Allocations Policy

East Northamptonshire Council no longer holds any housing stock, having carried out a transfer of its entire housing stock to East Northamptonshire Housing, now known as Spire Homes in 2001. This policy is adopted by East Northamptonshire Council and Registered Social Landlords (RSL's) to allocate social housing stock in the district. This will be achieved through a common housing register, operated by a choice based letting scheme.

• To help people find suitable accommodation within East Northamptonshire. • To ensure that people seeking a home in the district have as much choice as possible about where they live. • To ensure that those who have the greatest housing need have the greatest opportunity to secure suitable housing. • To help contribute to the development of sustainable communities as well as contributing to tackling social exclusion and poverty. • To consider the requirements of vulnerable people and promote independence, recognising their support needs, and to work with organisations providing care and support to these groups. • To promote equal opportunities in the policy by ensuring that no one is treated less favourably on the grounds of religion, gender, marital status, race, nationality, ethnic or national origin, colour, disability or sexual orientation and embrace the diversity of the community through a monitoring and reviewing policy. • To make the best use of available housing resources whilst offer choice. • To allocate housing in a transparent manner.

The East Northamptonshire Housing Register is managed for the Council by Spire Homes. The register is used for the purpose of making Council nominations to Registered Social Landlord tenancies and for filling vacancies with other Registered Social Landlord that are in the partnership.

3. Equal opportunities and monitoring

East Northamptonshire Council and its partner Registered Social Landlords are committed to promoting equality of opportunity in housing services.

All applications to the common housing register will be assessed objectively and be treated fairly and consistently. Our aim is to ensure that no person applying for housing is treated less or more favourably on the grounds of their race, colour, ethnic origin, religion or beliefs, age, physical appearance, disability, gender, sexual orientation or marital status.

Policy & Resources Committee – 18 January 2010 Page 433

So that we can monitor performance in dealing with applications, we will collect appropriate information from the application forms. We ask that all applicants help us by providing the necessary details. The information collected will be used to keep the policy under review and will be kept in the strictest of confidence and in line with the Data Protection Act 1998.

4. Who can apply to join the housing register?

Any person(s) over the age of 16 who is capable of maintaining a tenancy and who have a genuine reason for seeking affordable accommodation in the East Northamptonshire District, unless they are:

• People from abroad subject to immigration control or regulations; • People prescribed as ‘ineligible by Regulations made by the Secretary of State; • People the Council considers unsuitable to be tenants due to unacceptable behaviour. (see page 17)

Applicants aged 16 and 17 can apply to join the housing register but they must

provide details of a guarantor. The guarantor must be a responsible person

such as a parent or other close family member, or a representative from a

support agency. Until details of the guarantor are received, the registration will

be deferred. Once this information is received the application will be assessed

in the normal way. (Checks will be made to confirm the guarantor understands

what their responsibilities are, and would have the means to take financial

responsibility for tenancy, further checks will be made at the time of offer).

Once an applicant reaches 18, a guarantor is no longer required. People under

18 cannot legally hold a secure or assured tenancy so will be given different

occupancy agreements until they reach 18.

16 and 17 year olds that the Council accepts a duty to assistance as defined by

Part VII of the Housing Act 1996, as amended by the Homelessness Act 2002,

will be dealt with under that legislation.

5. How can I make an application?

Every housing register applicant must complete a Nene Valley Homechoice registration form. The information given on the form must be correct. Nene Valley Homechoice reserve the right to disqualify any applicant from the common housing register, withdraw any offer of a tenancy or recover possession of an existing tenancy if they have knowingly given false information.

Policy & Resources Committee – 18 January 2010 Page 434

Applicants will be asked to provide proof to support their application. Examples of this will include proof of income benefit, access rights to children and levels of capital. In determining an applicant’s eligibility to be accepted onto the common housing register Nene Valley Homechoice will make any other enquiries as they deem necessary in order to assess the application. This will involve contacting previous landlords and occasional, health or medical advisors, Social Care and Police, etc.

All applicants will be required to identify areas in the district where they would like to live. Applicants can identify as many areas as they like, applicants’ bids will not be restricted to these areas.

We aim to be flexible in our policy so that we can house people in need and avoid properties being empty for long periods of time. Owner occupiers who own a property, which is reasonable for them to occupy, or applicants who have financial assets which is clearly large enough to provide access to other forms of tenure to meet their housing need will have a low priority.

Applicants who are related to a Councillor or a Member of the Board of an RSL, or are a member, or related to a member of staff of the Council or from one of the Nene Valley Homechoice Partnership will be asked to declare this on their application form.

Application forms are available from any of the shown address below:

Nene Valley Homechoice, the Rushden Centre, Newton Road, Rushden, Northamptonshire, NN10 0PT

Tel: 0845 6032227 Email: [email protected] Website: www.nvhomechoice.co.uk where it can be downloaded.

Spire Homes, 1 Crown Court, Crown way, Rushden, Northamptonshire, NN10 6BS.

East Northamptonshire Council, East Northamptonshire House, Cedar Drive, Thrapston, Northamptonshire, NN10 0PT;

Nene Valley Homechoice staff are able to provide assistance to applicants who have difficulties filling out the forms and participating in the scheme. In particular assistance will be provided to anyone who may have difficulty due to disability, learning disability, illness, age, not able to speaking English, or any other reason that might make it harder for them to fully participate in the Nene Valley Homechoice scheme.

6. Change of Circumstances

Applicants who have a change in their circumstances or who change their address must update their application and contact Nene Valley Homechoice Tel: 0845 6032227 as soon as possible. Checks will be made on an applicant’s current circumstances before an offer of a tenancy is made.

7. Misrepresentation

Any person who knowingly withholds any information about their housing application or deliberately provides false information to increase their banding group, will be guilty of committing a criminal offence, and could face a fine if convicted. Such an

Policy & Resources Committee – 18 January 2010 Page 435

applicant could be suspended from the Housing Register for a certain length of time or even removed from the Housing Register. Any person who obtains a tenancy by deception could face County Court Action to evict them (Housing Act 1996 Part VI).

8. Information required to register

Proof of an applicant’s identity and current address is required before their application can be placed onto the housing register. With joint applicants, proof is required for both applicants.

Required documents Examples

Proof of identity Birth certificate with a passport sized photo, passport, photo driving licence, identity card. In exceptional circumstances we will accept confirmation of identity from statutory agencies e.g. Probation, Police, Benefits Agency. Proof of National Insurance Number Pay slip, National Insurance card, tax notification, Benefit determination letter. Two different forms of proof of your Bank statement, driving licence, utility bill, current address medical card. If not a British citizen but a citizen from Legislation imposes some restriction on the within the EU a passport will need to Council’s ability to assist or house people be seen from abroad and this needs to be verified. Those granted refugee status or have Legislation imposes some restriction on the leave to enter or remain in the UK, Council’s ability to assist or house people need to bring their original Home from abroad and this needs to be verified. Office documents and evidence of being on the Workers Register Scheme. Applicants living with family or friends Written information. will need to provide their names and dates of birth Dependent children added under 18 Current year child benefit determination and in full time education letter identifying details for each child.

Applications will not be registered if Nene Valley Homechoice is not satisfied that the applicant has given sufficient proof of identity. Details of addresses may be verified by checking a credit reference agency. The full details of information required is identified on the application form.

Deliberately Worsening Housing Circumstances

Where there is evidence that an applicant has deliberately worsened their circumstances in order to qualify for higher priority on the register, no additional priority will be given.

Examples of this include:

• Selling a property that is affordable and suitable for the applicant’s needs in order to qualify for a higher band. When this is the case, the applicant would remain in their previous band.

Policy & Resources Committee – 18 January 2010 Page 436

• Moving from a secure tenancy to insecure or overcrowded accommodation.

For an applicant to have deliberately worsened their circumstances there must be evidence that it would have been reasonable for the applicant to have remained in their original accommodation.

9. Local Connection Definition

The Council and its RSL partners have chosen to give priority to people with a local connection. The definition used is the local connection requirements of the Homelessness legislation. Applicants must satisfy one of the following –

• Applicants who have lived in the district for 6 months out of the last 12 months, or 3 years out of the last 5 years. • Applicants who work in the district full or part-time in permanent employment. • Applicants who have immediate family members living in the district who have lived here for at least the last five years. • Other special reasons for living in the district (e.g. the need to be near special medical or support services, which are available only in a particular district).

Applicants with a local connection will be assessed according to their housing circumstances.

Applicants who do not have a local connection with the district will be given lower priority unless they can demonstrate a need to move on social grounds to a particular locality. Such cases will be referred to Social panel for assessment.

10. What type of property will I be considered for?

We like to make the best use of social housing properties in the district that become available. The properties are offered by their size and type, in relation to housing needs. See Appendix 1 for details, ‘What type of property could I bid for?

The table takes account of single person households who have access to one or more children but with whom the children do not reside permanently. Confirmation of regular access is required. Single person households with access to children will normally only be considered for a 2 bedroom flat irrespective of the number of children they have access to.

Applicants 60 years of age are defined as an older person and can be considered for sheltered housing. For an elderly couple only one of the partners has to be 60 years of age. Applicants below that age may still be eligible if they are disabled.

Households that include a pregnant woman are assessed as if the baby has already been born once the pregnancy has reached 24 weeks. Confirmation of pregnancy and the expected delivery date is required. Banding for family size will not be amended until the baby is born and the Birth Certificate has been provided. Applicants can however bid on property suitable for their circumstances identified in Appendix 1.

Policy & Resources Committee – 18 January 2010 Page 437

A child must spend a minimum of 4 nights per week with the applicant, and the applicant must have proof that they receive child benefit for the child in order for them to be classed as a permanent resident with applicant.

11. What other considerations are there?

The following circumstances may be taken into account, when assessing applications:

• where an applicant has been identified as requiring a live-in carer (by Northamptonshire County Council Social Care and Health), the accommodation offered may be increased by one bedroom;

• Where a property has been substantially adapted for the needs of a disabled person, the property will only be allocated to applicants if their household would benefit from those adaptations

12. How are applicants selected for allocation?

Applicants who meet the eligibility criteria for registration will have their individual housing needs assessed and their application will then be placed in a band according to their circumstances. Where an application meets more than two of the criteria, they may be placed in a higher band. In such circumstances a home visit maybe required. Final assessment will by made by the Social Panel. Offers of accommodation are made in line with the banding system. The banding system gives those in the most need a preference. Properties will be offered to the bidder in the highest band who has the earliest Banding date.

Checks on all details that have put on the application form are made before making an offer of accommodation. This is to determine the applicant is still eligible to receive the nomination and has updated their circumstances if appropriate after application.

13. What are the Bands?

Priority Card

• Medical/ Social Priority Card (valid for 6 months) • Property being demolished due to disrepair or compulsory purchase • Homelessness statutory duty accepted, in priority need, and the Council has not yet met its duty to secure accommodation in the public or private sector (valid for 3 months • Urgent management move (valid for 3 months) • Agricultural worker who qualifies for assistance under the Rent (Agriculture) Act 1976.

Band 1

• Property deemed unsuitable for habitation due to disrepair or lack of amenities (assessed by ENC Environmental Protection Team) • Statutory overcrowded as defined in the Housing Act 1985, unless caused deliberately.

Policy & Resources Committee – 18 January 2010 Page 438

• Accepted as threatened with homelessness though no fault of their own, not intentionally homeless and currently living in the district. • Severe medical/social need (assessed by medical panel) • RSL tenant lacking two or more bedrooms in district • Under occupation of an RSL property in the district by 2 or more bedrooms • Lacking any or all of: internal toilet, bathroom or kitchen facilities • Proven harassment/ violence/ abuse/ other risk • Separated family due to no suitable accommodation

Band 2

• RSL tenant lacking one bedroom in the district • Moderate medical/social need (assessed by medical panel) disrepair need • Under occupation of RSL property in the district by one bedroom • Move needed to give support to or receive support from a family member – no move would cause physical, emotional or financial hardship to either party (verify address & other evidence) • Move on accommodation required from supported accommodation • Private rented sector tenants in the district lacking 1 bedroom

Band 3

• Sheltered tenant wanting to move to alternative sheltered accommodation or to move within the same scheme within district • Mild medical/social need • Current RSL tenants (in the district or has a local connection) • Applicants residing in private rented accommodation in the district • Shared facilities (kitchen/ bathroom/ toilet)

Band 4

• Applicants who do not have a local connection with East Northamptonshire unless they need to move to a particular locality on social grounds • Owner occupier who own a property reasonable for them to occupy; are adequately housed or have financial resources to rent privately and it would be reasonable for them to do so • Applicants with sufficient resources to purchase a property outright or by way of a mortgage • Applicants who have sufficient resources to rent privately and it would be reasonable for them to do so • Those found to be guilty of unacceptable behaviour not serious enough to make them ineligible • Those with significant rent arrears in the private sector • Current RSL tenants out of the district • Applicants residing in private rented accommodation out of the district

14. The Bidding Process

Available properties will be advertised. Applicants can bid for as many suitable vacancies as they want to. The applicant with the highest priority will be selected and invited to view. Priority will be determined by Banding and band date.

Policy & Resources Committee – 18 January 2010 Page 439

If there are no successful bids, the property may be re-advertised with a different criteria. Property advertisements will state type of household that is eligible to apply for the vacancy. Such information will include:

• Number of bedrooms and the eligible household size for the property • Appropriate age range for the type of property e.g. people over 60 years for sheltered housing • No pets allowed/established local connection where there is a formal planning agreement • Age restrictions

There may be occasions when vacancies will be excluded from advertisement. Such occasions will include:

• When a vacancy is required to enable East Northamptonshire Council to discharge their duty to a statutorily homeless household or under the MAPPA Protocol • When a vacancy is required to enable Nene Valley Homechoice Partnership Members to assist with nominations from other agencies. • When a property has high levels of adaptation

15. Feedback information

Every property that has been advertised and allocated through Nene Valley Homechoice will be included in the feedback information. This information will include details of the number of correctly submitted bids that were received for each property, the band date of the successful applicant and whether a priority card had been used for the property.

16. Statutory Homelessness

Every new application is checked to see if the applicant would be considered a priority for assistance under Part VII of the Housing Act 1996, as amended by the Homelessness Act 2002. If the applicant fits into this category, the homeless team will contact them about making a homelessness application. The Council may have a duty to provide temporary accommodation until a permanent home can be found. Where such a duty is accepted, applicants will automatically be included on the Housing Register. Applicants who are found to be unintentionally homeless but not in a priority need, will also be automatically included on the Housing Register.

17. Intentionally Homeless

Applicants who have been found to be intentionally homeless can register their need for housing unless they or a member of their household has been guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant.

There is a legal process that needs to be followed if the applicant falls within a priority need category of the homelessness legislation. Appropriate investigations are made into the applicant’s circumstances and applicants are informed in writing of the decision. If accepted for housing as a homeless person, the applicant will be issued with a priority card, which has a time limit. Applicants are then entitled to one reasonable offer of accommodation from the Housing Register. If they do not use this priority card to secure accommodation during the time limit, East Northamptonshire Council will start bidding on their behalf. If the applicant refuses their one offer of

Policy & Resources Committee – 18 January 2010 Page 440

accommodation the Council will have no further duty to help them under the homelessness legislation. Applicants have a right to request a review of the offer.

Preference will also be awarded to those found to be homeless who do not fall within the priority need categories. In some cases, the Homelessness Team may also arrange temporary accommodation.

If after completing our investigations we decide that they have become homeless intentionally, we will give advice and assistance in finding them accommodation. In some circumstances, we may provide/arrange temporary accommodation, but this would only be for a limited period.

18. Priority Card System

3-month time limited homeless priority card

Homeless households that East Northamptonshire District Council has a legal duty to accommodate under the terms of the Housing Act 1996, Part VII, as amended by the Homelessness Act 2002, will be provided with a Priority Card for a 3-month period commencing from the date of the homelessness decision.

Any person experiencing housing problems or wishing to make an application as homeless needs to contact the Housing Options Team, at The Rushden Centre, Newton Road, Rushden. Tel: 0845 6032227 .

19. Medical Assessments

Applicants who feel they need to move to be housed on medical grounds will be required to complete a separate medical assessment form giving details of their health problems, how their current accommodation affects their condition and how re- housing will help.

The Council will consider expert advice from the Council’s medical advisor before determining the level of priority that will be given. Applicants should note that whilst advice will be sought, the final decision will be made by the Council. Where an applicant has been awarded a Banding group due to a requirement for a specific type of property that is required due to their medical condition i.e. ground floor. The band can only be used to bid for that type of property.

20. Medical/Social Priority Cards

Where an applicant’s medical/ social situation is affected by their housing conditions, we will undertake a medical/ social assessment of the situation. The following groups will be awarded a Priority Card for a 6 month period initially. If the applicant has been unsuccessful in finding suitable accommodation & they continue to have an urgent need to move, the Priority Card maybe renewed for a further 6 months. Not bidding whilst holding a Priority Card when suitable properties have been advertised will be looked at, at the re-assessment process:

• Applicants with an urgent medical need to move. (This would include a progressive or chronic medical condition which is affected by ability to cope in the present accommodation; such conditions would be addressed by re-housing). This will be verified by an assessment panel and will require medical evidence to be provided at the applicant’s expense.

Policy & Resources Committee – 18 January 2010 Page 441

• Applicant with an urgent social need to move. (This would include applicants, or members of their household, who are subject to severe harassment, threats of violence or actual violence, or threats of physical, emotional or sexual abuse). This will be verified by an assessment panel and will require evidence.

• Existing Housing Association Tenant whom the landlord needs to re-house because of urgent housing management reasons .

21. Medical/Social Need Assessment Panel

This panel will consist of an officer from the District Council, an officer from the Contractor and an independent medical advisor. The panel will meet monthly. Urgent cases (e.g. discharge from hospital) will be dealt with as soon as possible.

22. Right to Review a decision of the Medical/Social need assessment panel

Applicants seeking a review must put their request in writing to the Housing Services Officer within 21 days of receiving a decision, giving their reasons for requesting the review. A review panel will consider the applicant’s request. The Review Panel will comprise of a senior officer from the District Council, a senior officer from the Contractor and the independent medical advisor. There is no further right of appeal.

23. Use of Priority Cards

Applicants will be able to use their priority card on as many vacancies as they wish during any given advertising period.

24. Ranking of Priority Cards

The 3-month time limited Homeless Card, the Medical Card and the Social Card are all ranked equally. If more than one cardholder within the above group applies for the same property, priority will be decided firstly by Band date, date of registration or if necessary, by length of tenancy.

25. Transfers and Local Letting Policies

All existing tenants of housing associations living in East Northamptonshire can register for a transfer. In rural areas, there may be some sites where planning permission or funding was given subject to a condition that the development should be allocated to local people from that location (often in a formal Section 106 agreement). In such cases properties will be advertised stating that priority will be given to people connected to the village.

26. Offer of Tenancy

All tenancy offers will be made in writing and it will, if possible, include the date the tenancy will start and details of the weekly rent and any service charges. Applicant will be given sufficient time to consider an offer of a tenancy. The applicant will be given 3 days from when a provisional offer is made to decide whether to accept the offer.

Policy & Resources Committee – 18 January 2010 Page 442

27. Refusals of Offers

3-month time limited homeless priority card:

If a statutorily homeless applicant successfully bids for a property but subsequently refuses the offer made, East Northamptonshire Council will be deemed to have discharged its duty under the homelessness legislation to provide the applicant with accommodation, providing the offer was reasonable. The applicant will have the right to continue to use his or her priority card for the remainder of the three-month period. If they have been unsuccessful in finding accommodation before the end of that period, they will have to rejoin the register without priority status. Homelessness applicants placed in temporary accommodation will be required to leave the accommodation, subject to reasonable notice. Applicants have a right of appeal if they feel that the offer is unsuitable.

Standard Register applicants will be made 2 offers of accommodation if both offers are refused the applicant will be deferred for 6 months. Before an applicant is deferred, checks will be required to determine all of the offers were reasonable in relation to the applicants housing circumstances. Applicants will have the right to request a review of the decision to defer their application.

28. Imperial Court Extra Care Scheme

This is a scheme for elderly applicants requiring daily or personal care support. Applicants requiring this scheme should be able to care for themselves and live independently with such care services. Applicants for this scheme will need to complete a Register form and an Extracare Housing referral form. The Banding system will not be used to allocate to vacancies. Priority will be given to applicants with a local connection (see page 8) and who meet the support provision for the vacancy. Length of time on the Register will be considered where support requirement are equal among applicants.

29. Shared Ownership

Applicants who wish to be considered for shared ownership dwellings will be required to show that they can afford and obtain a mortgage to the required level. Applicants will need to demonstrate they cannot afford to buy a property of a suitable size in the district on the open market. The following will be considered:

• Income of applicant(s) • Essential expenditure • Purchase price • Any special circumstances relating to the applicant

30. Persons who will be excluded from joining the common housing register

Current legislation states that the following are ineligible to join the housing register:

Immigration:

A person from abroad who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 will be ineligible, unless they are of a prescribed

Policy & Resources Committee – 18 January 2010 Page 443

class of persons by the Secretary of State who are subject to immigration control but are eligible for an allocation.

Certain persons from abroad, who are not subject to immigration control, but need to be habitually resident in the Common Travel Area (as defined in the Allocation of Accommodation Code of guidance for local housing authorities).

Any application identified as falling under the Asylum and Immigration Act 1996 will be assessed in accordance with the Act. Nene Valley Homechoice Partnership reserves the right to seek independent advice and assistance to resolve the issue of eligibility. This may mean contacting the Home Office Immigration and Nationality Directorate.

31. Persons who may be excluded from joining the common housing register

The applicant will not be allowed to join the housing register if the applicant, or any member of their household who wish to be housed with them, are guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant of a Housing Authority, and there is sufficient evidence that this behaviour is likely to continue and create problems for the neighbouring households.

In order to determine whether someone’s behaviour is serious enough to make them ineligible to apply to the housing register, the behaviour is to be so serious that, had the applicant been a tenant of the local authority, the authority would have been entitled to a possession order under Section 84 of the Housing Act 1985 on any ground detailed in Part 1 of Schedule 2 of the Act, with the exception of ground 8. Anti social behaviour is a serious issue which can have a significant impact on the quality of life of those exposed to it. The Council take a hard line on anti-social behaviour. Where an application for housing is received, and previous anti social behaviour is suspected, we will make detailed investigations through our close partnerships with the Police and other agencies. If the behaviour is perceived to be serious enough to pose a risk to future potential neighbours, the applicant may be excluded from the Housing Register.

Applications from any person who has been evicted from a previous address solely due to anti social behaviour may be refused.

Behaviour which may lead to possession on such grounds may include:

• rent arrears • breach of tenancy agreement • nuisance or annoyance to neighbours including anti-social behaviour • conviction of using the property for immoral or illegal purposes • damage or neglect • conviction for arrestable offence committed in the locality of the premises • domestic violence causing other to leave • making a false statements to gain a tenancy

Those applicants with convictions that are identified in Schedule 2 Part 1 of the 1985 Housing Act may be excluded from the Housing Register. Applicants with convictions not identified in Schedule 2 Part 1 of the 1985 Housing Act. Would be eligible to apply whether a custodial sentence has been served or not. Eligible applicants applying from Prison will be deferred until release, as they are not in a position to accept accommodation.

Policy & Resources Committee – 18 January 2010 Page 444

East Northamptonshire Council needs to be satisfied that the behaviour is serious enough to make the person unsuitable to be a tenant of a housing authority. The Council will work closely with the National Probation Services and have regard to the Housing and Returning Prisoners Protocol (formulated by the East Midlands Prisons Resettlement Team) and the MAPPA Housing Protocol. RSL’s with be expected to assist the local authority in providing accommodation under this protocol.

East Northamptonshire Council will also need to be satisfied that the applicant is unsuitable to be a tenant by virtue of their behaviour at the time of application. Previous unacceptable behaviour may not justify ineligibility where it can be shown behaviour has improved.

If all three aspects are satisfied the Council can consider exercising its discretion to decide that the applicant is to be treated as ineligible to join the Housing Register.

If the applicant has in the past been deemed by the Council to be ineligible, and consider the unacceptable behaviour should no longer be considered due to a change in circumstances, a fresh application can be made. Unless there has been a lapse in time it will be for the applicant to demonstrate that there has been a change in circumstances.

Where it has been decided that an applicant is ineligible for an allocation of housing the Council will inform the person in writing of this decision, stating the grounds for the decision. Applicants have a right to request a review of this decision. The determination of the review will be made by the Housing Services Officer.

Applicants can request a review if they consider that their registration has been assessed incorrectly and/or they have been placed in the wrong Band, or they want to be considered for a property type that they are not eligible for under the policy.

Applicants requesting a review of the decision must submit a written request within 21 days of the date on the notification letter.

The request for a review should be addressed to:-

Housing Services Officer Planning Services East Northamptonshire Council Cedar Drive Thrapston Northamptonshire NN14 4LZ

A Council officer will carry out the review within 56 days from the date of receipt of a written request. A written notification of the decision, including the grounds for the decision, will be sent to the applicant. All correspondence will be sent to the applicant’s home address or a mailing address of their choice. If the applicant is of no fixed abode the correspondence can be collected from the Council offices in Thrapston. The correspondence will be kept for a period of 28 days.

If at any time Nene Valley Homechoice Partnership obtain evidence that an applicant already accepted onto the housing register is ineligible for housing the applicant will be advised that their application will be cancelled. Applicants will have the opportunity to use the review procedure if they are able to show this decision to be incorrect.

Policy & Resources Committee – 18 January 2010 Page 445

Those that have been found guilty of unacceptable behaviour, but where it is not serious enough to make them ineligible to join the Housing Register e.g. criminal convictions will be placed in Band 4.

32. Right to refuse making a Nomination.

East Northamptonshire Council and its partner Registered Social Landlords reserve the right not to offer an applicant accommodation in a particular location. Where there is reasonable evidence that an applicant has a history of violence or abusive behaviour against particular individuals which may effect other residents in East Northamptonshire.

33. Rent Arrears

Applicants who are former or existing Registered Social Landlord or Local Authority tenants, and have rent arrears or other forms of housing related debts (housing related debts include rent arrears, rechargeable repairs, Court costs and Rent Advance debts. Housing Benefit, Council Tax & Mortgage arrears are excluded) less than 4 weeks will be registered. However their application will be deferred until this debt is cleared. Exceptional circumstances referrals can be made to the Social Need Panel

Applicants who are former or existing Registered Social Landlord or Local Authority tenants, and have rent arrears or other forms of housing related debts more than 4 weeks will be referred to the Social Need Panel to decide if there are exceptional circumstances. Such decisions will be made on a case by case base.

Previous commitment to pay arrears will be considered.

Medical/Social Welfare Priority Card Holders

Where an applicant with former tenant arrears has an urgent need to find accommodation, an assessment panel will decide whether to make an exception to this rule, based on the individual case.

Statutorily Homeless Applicants

Statutorily homeless applicants with rent arrears or other debts to a former social landlord will be dealt with under the homelessness legislation. They will be issued with a 3-month priority card with their decision letter.

Accepted homelessness applicants in temporary accommodation where the level of arrears is not sufficient to serve a notice, and the local authority are required to discharge their homelessness duty, will be considered for a nomination on a case by case basis. RSLs have agreed not to automatically exclude these applicants on the basis of the arrears. However they may wish to refuse an applicant if they still have outstanding debts with that Registered Social Landlord on either former or current tenancy.

34 Review of Decision

If an applicant has been assessed by the contractor as not eligible to join the Housing Register, the contractor will send a letter advising them of the reasons for their

Policy & Resources Committee – 18 January 2010 Page 446

exclusion. This letter is called a Notice of Determination and it will show how the applicant can request a review of this decision. Applicants may want to request a review of a decision to exclude them from the register, or regarding the degree of priority awarded to their application. Applicants may also want a review of the type of property that they are eligible for under the scheme.

Applicants who want this decision to be reviewed must request this in writing within 21 days of receiving the Notice of Determination, and stating the grounds for the review. The letter should be sent to the Housing Services Officer, East Northamptonshire Council, East Northamptonshire House, Cedar Drive, Thrapston, Northamptonshire, NN14 4LZ. It can be faxed on 01832-734839 or emailed to [email protected] .

The review will be carried out by a Council officer. A decision on the request for a review will be made within 56 days from the date the written request is received by the Council. The right to a review of a decision does not prejudice an applicant’s right to direct their complaint to the Local Government Ombudsman, the Housing Ombudsman or other appropriate bodies.

35. Annual renewal of your housing application

Housing applications need to be renewed annually on the date they were registered. This is to make sure you still want housing and your details are the same. The renewal will be in the form of a letter. The applicant will be expected to respond to this letter with 14 days. Failure to respond will result in a follow up letter advising that the application will be cancelled within 14 days unless there is a response. If after this there has been no contact, the application will be cancelled.

36. Review of Allocation Policy

The Allocations Policy is monitored to make sure that allocations made reflect housing need, and meet with the requirements of legislation. This policy will be reviewed regularly by the partnership agencies to ensure that the aims and objectives of the Common Housing Register are met.

This Policy is adopted by

East Northamptonshire District Council

Accent Nene Aragon Bedfordshire Pilgrims Housing Association De Montfort Housing Association East Midlands Housing Association English Churches Housing Group Housing 21 Jephson Homes Leicester Housing Association Ltd Midsummer Housing Association Ltd Midland Heart Housing Association Minister General Housing Association Northamptonshire Rural Housing Association Orbit Housing Association Places for People

Policy & Resources Committee – 18 January 2010 Page 447

Raglan Housing Association Limited Rockingham Forest Housing Association Sanctuary Housing Association / Asra-Midland Housing Association Servite Housing Spire Homes St. Matthews Housing Society

Policy & Resources Committee – 18 January 2010 Page 448

Appendix 1 What type of property home could I bid for?

Bedsit 1- bed flat 2-bed flat 3- 3-bed or or bed Maisonette Maisonette Maisonette flat

Single person

Single person with access to children

2 Adult household

Childless couple

1 child family or pregnant (over 24 weeks)

2 child family or 1 child and pregnant (over 24 weeks)

3 child family or 2 children and pregnant (over 24 weeks)

4 child family or 3 children and pregnant (over 24 weeks)

5 or more child family (subject to Maximum Occupancy Rules)

Policy & Resources Committee – 18 January 2010 Page 449

1 Bed 2 Bed 3 Bed 4 Bed 5 Bed House House House House House

1 child family or pregnant with access to children 2 child family or 1 child and pregnant (over 24 weeks) 3 child family or 2 children and pregnant (over 24 weeks) 4 child family or 3 children and pregnant (over 24 weeks) 5 or more child family (subject to Maximum Occupancy Rules)

Please Note: Scattered Sheltered Scattered Sheltered General/ Sheltered 1 Sheltered Bedsit for Bedsit for 1 Bed 1 Bed Flat Scattered Bed Accommodation Elderly/ Elderly/ Flat for for 1 Bed Bungalow is not available to Disabled Disabled Elderly/ Elderly/ Bungalow for Elderly/ people with Disabled Disabled For Disabled Children Elderly/ Disabled

Elderly / Disabled Single

Elderly / Disabled Couple

Elderly / Disabled 2 Adult Household

1 Child Family – Elderly / Disabled

2 or more Child Family – Elderly / Disabled

Policy & Resources Committee – 18 January 2010 Page 450

Please Note: Scattered Sheltered General/ Sheltered General/ Sheltered 3 Sheltered 2 Bed Flat 2 Bed Flat Scattered 2 Bed Scattered Bed Accommodation for for 2 Bed Bungalow 3 Bed Bungalow is not available Elderly/ Elderly/ Bungalow for Bungalow for Elderly/ to people with Disabled Disabled for Elderly/ For Disabled Children Elderly/ Disabled Elderly/ Disabled Disabled

Elderly / Disabled Single

Elderly / Disabled Couple

Elderly / Disabled 2 Adult Household

1 Child Family – Discretionary Elderly / Disabled

2 or more Child Discretionary Family – Elderly / Disabled

3 Generation Please contact Nene Valley Homechoice for advice on 0845 6032227 families

Policy & Resources Committee – 18 January 2010 Page 451

Appendix to Minute Number 332 FINANCE SUB COMMITTEE

Date: 14 December 2009

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - Andy Mercer (Chairman)

Roger Glithero JP Steven North Richard Lewis Robin Underwood

PART A ITEMS

1. MINUTES

The minutes of the meeting held on 26 October 2009 were approved and signed by the Chairman.

2. APOLOGIES FOR ABSENCE

Councillors David Brackenbury and John Richardson MBE sent their apologies.

3. DECLARATIONS OF INTEREST

No interests were declared.

4. CAPITAL MONITORING REPORT

Members considered the capital budget monitoring report comparing the actual spend on capital items from 1 April to 30 November 2009, with the approved budgets for 2009/10.

The Head of Resources reported that spend on revenue budgets for the current financial year would be £39,690 less than the revised budget and the reasons for the variation were: • Stanwick Lakes – spend was slightly higher this year than originally anticipated. However, any additional costs would be reclaimed back from future budgets • Rushden Greenway – additional external funding of £165,000 had been received which would meet the expected spend on the project for this year • Lease Car Scheme – spend was less than budgeted for because fewer cars had been purchased for staff • Road Adoption, Kingsmead – these works were pending and spend on this project would be lower than budgeted for • ICT Budgets – various projects had been delayed for a year until 2010/11.

Members also noted that the anticipated expenditure on the Manor Park project had been re- profiled and was expected to be within the approved budget.

Policy & Resources Committee – 18 January 2010 Page 452

The Chief Finance Officer asked Members to consider a subsequent request to bring forward funding to replace the microphones in the Council Chamber. The Sub Committee discussed the report and it was

RESOLVED:

(1) That the Head of ICT be asked to liaise with the Welland Procurement Unit to consider the budget for ICT Licences.

(2) That the proposal to bring forward £25,000 to 2009/10 from the 2010/11 Corporate Systems budget to upgrade the microphone system in the Council Chamber, be considered in consultation with Councillor Sylvia Hughes, the Lead Member for ICT Services.

(3) That the total amount of £2.5m estimated under the Vehicle Replacement Cost Centre for replacing refuse vehicles remain in the budget for the time being and that these amounts be reconsidered at a future meeting of this Sub Committee.

PART B ITEMS

5. REVENUE MONITORING REPORT

The Sub Committee received the revenue budget monitoring report comparing the actual spend on revenue items from 1 April to 30 November 2009, with the approved budgets for 2009/10.

The Head of Resources reported that on 30 November 2009 the total anticipated under spend for 2009/10 was £85,053 and advised Members of the main variations which were under and over budget.

The Sub Committee noted the:

• anticipated overall under spend on salary budgets of £387,379 would be £61,621 less than budgeted for • lower than expected income from planning fees and charges would be £50,000 less than budgeted for • savings of £289,330 which had been achieved on service budgets this year and the possibility of saving a further £98,050 for the rest of the year • investment income for the year was anticipated to be £500,000, some £6,000 above budget • items approved from Contingency by the Chief Finance Officer or the Policy and Resources Committee.

Members considered the increase in the amount transferred from general fund reserve from £1,421,200 to £1,617,147 and it was

RESOLVED TO RECOMMEND:

Policy & Resources Committee – 18 January 2010 Page 453

6. MEDIUM TERM FINANCIAL STRATEGY 20010/11 TO 2013/14

The Sub Committee considered a report outlining the options for the Council’s Medium Term Financial Strategy (MTFS), identifying the Council’s future spending priorities and budgets for the period from 2010/11 to 2013/14.

The Head of Resources reported on the: • capital plans from 2009/10 to 2018/19 • assumptions made in the revenue budget • reserves and balances strategy • growth and savings, and • risk assessments.

Members were informed that the Strategy had taken into account the effects of the current recession which had resulted in a significant loss of income for the Council. Members noted the attempts being made to address the problem and that the Strategy included the savings of £300,000 identified so far.

The present economic situation and high level of national debt would also affect the level of grant received from the Government. The Strategy anticipated that the Council would get an overall reduction in grant of 15% or £1m over three years from 2011/12 to 2013/14.

It had also been necessary to use approximately £1.7m of the Council’s reserves to balance this year’s revenue budget. This level was not sustainable and in order to preserve the Council’s revenue reserves and ensure that there were sufficient reserves to meet any possible future financial crisis, a minimum level and a cap on the level of reserves was proposed. It was, therefore, recommended that the maximum use of revenue reserves over the period of the Strategy be set at £2m, and that a minimum level of reserves of £1.5m be approved. Members considered that a minimum level of £1.7m would be a more realistic amount.

It was agreed that an extra row be added on the estimated shortfall summary table (on page two of the report) to highlight the annual budget target figures from 2010 to 2014.

The Sub Committee noted the possibility that there could be a 3% cap on Council Tax increases from 2011 and subsequent years.

It was reported that a Workshop would be held for all Members on 1 February to consider the potential for further revenue savings that would be included in the 2010/11 revenue budget and contribute to savings in future years.

Members noted and discussed the issues raised in the Strategy and it was

RESOLVED TO RECOMMEND:

That the Medium Term Financial Strategy (outlined in Appendices 1, 2 and 3 attached to these minutes) be approved, subject to:

(i) the plans to bring the Medium Term Financial Strategy back into balance be brought back to a future meeting of this Sub Committee; (ii) the maximum use of reserves over the period of the Medium Term Financial Strategy be set at £2m; and (iii) a minimum level of £1.7m for revenue reserves be approved.

Chairman

Policy & Resources Committee – 18 January 2010 Page 454 Appendix A

East Northamptonshire Council Medium Term Financial Strategy 2010/11 to 2013/14

2009/10 Estimated Financial Position Year Ending 31st March Base 2011 2012 2013 2014 Budget

Corporate & Democratic Core 499,320 459,750 590,030 480,580 491,360

Central Services to the Public 526,330 584,170 559,530 587,960 612,410

Cultural Environmental & Planning 5,052,500 4,733,110 4,846,390 4,719,830 4,843,980

Highways Roads & Transport 485,960 353,090 354,430 355,440 356,050

General Fund Housing 306,970 309,580 342,950 381,980 389,050

Central Departmental & Support Services 5,813,350 5,577,040 5,738,520 5,925,890 6,179,220

Unapportionable Central Overheads 49,700 51,690 54,010 56,710 59,550

Total Service Expenditure 12,734,130 12,068,430 12,485,860 12,508,390 12,931,620

Other Expenditure/Adjustments Capitalisation of Salaries (125,000) (75,000) (75,000) (75,000) (75,000) Transitional Vacancy Savings (450,000) (250,000) (261,000) (274,000) (288,000) Contingency Reserve 100,000 100,000 100,000 100,000 100,000 Interest on balances (494,000) (186,670) (258,510) (399,290) (546,860)

Total Other Adjustments (969,000) (411,670) (494,510) (648,290) (809,860)

Total Base Budget 11,765,130 11,656,760 11,991,350 11,860,100 12,121,760

Sources of Funding Revenue Support Grant/NNDR (6,482,080) (6,660,730) (6,327,400) (5,994,070) (5,660,730) Transfer From Collection Fund 29,200 23,000 0 0 0 Use of Earmarked Reserves (566,820) (74,000) (120,000) 0 0 Total Funding (7,019,700) (6,711,730) (6,447,400) (5,994,070) (5,660,730)

Amount to be met from Reserves/Savings 1,154,380 1,251,934 1,644,151 1,734,637 2,084,711 Amount to be met from Council Tax 3,591,050 3,693,096 3,899,799 4,131,393 4,376,319

Council Tax Base 30,000 30,100 30,300 30,600 30,900 Equivalent Band D Tax 119.70 122.69 128.71 135.01 141.63 Year on Year Percentage Increase 2.50% 4.90% 4.90% 4.90%

Policy & Resources Committee – 18 January 2010 Page 455

Appendix B

East Northamptonshire Council 10 Year Capital Strategy 2009/10 to 2018 onwards

2010 2011 2012 2013 2014 2015 2016 2017 2018 Future Years

Housing Projects 943,470 300,000 1,300,000 802,300 300,000 300,000 300,000 300,000 300,000 300,000 Leisure & Tourism Projects 520,000 111,000 205,000 190,300 0 0 0 0 0 0 Environment Projects 1,301,000 9,625,400 2,785,000 83,700 0 0 0 0 0 0 Central Services Projects 20,000 36,000 20,000 47,000 20,000 20,000 20,000 20,000 20,000 40,000 Corporate Systems 423,710 435,000 381,500 294,000 200,000 200,000 200,000 200,000 200,000 200,000 Youth Projects 66,000 45,000 0 0 0 0 0 0 0 0 Industrial Units Projects 56,000 0 0 5,000 0 0 0 0 0 0 Vehicle Replacements 127,830 170,096 1,237,672 1,602,160 100,000 100,000 116,600 133,200 100,000 100,000

Capital Spend 3,458,010 10,722,496 5,929,172 3,024,460 620,000 620,000 636,600 653,200 620,000 640,000

Capital Financing

Capital Reserves 3,458,010 6,065,990 915,900 6,024,460 620,000 620,000 636,600 93,200 0 0 Revenue Reserves 0 Direct Revenue Funding Borrowing 4,656,506 5,013,272 (3,000,000) 560,000 620,000 640,000 Total Capital Financing 3,458,010 10,722,496 5,929,172 3,024,460 620,000 620,000 636,600 653,200 620,000 640,000

Capital Financing

Opening Capital Reserves 3,970,000 2,873,990 0 0 1,975,540 1,355,540 735,540 98,940 5,740 5,740 add capital receipts and grants 2,362,000 3,192,000 915,900 8,000,000 0 0 0 0 0 0 less use of Reserves 3,458,010 6,065,990 915,900 6,024,460 620,000 620,000 636,600 93,200 0 0 Closing Capital reserves 2,873,990 0 0 1,975,540 1,355,540 735,540 98,940 5,740 5,740 5,740

Policy & Resources Committee – 18 January 2010 Page 456

Appendix C

Reserves and Balances Statement Allocated Opening for Closing Balance 2009/10 2010/11 2011/12 2012/13 2013/14 Capital Balance Earmarked Reserves £ £ £ £ £ £ Community Safety 56,493 (56,493) 0 PDG Reserve 35,370 (35,370) 0 0 0 0 Reorganisation Reserve 0 0 Youth Reserve 24,987 (24,987) 0 Computerisation of Planning Rec Reserve 0 0 Regeneration Reserve 519,154 (50,000) (50,000) 0 419,154 Contingency Reserve 100,000 100,000 Elections Reserve 120,000 (120,000) 0 Insurance Reserve 100,000 100,000 Asset Management R & R 3,575,676 (345,789) 0 3,229,887 Concessionary Fares Reserve 100,000 100,000 A4E/Service Development Reserve 54,181 (54,181) 0 4,685,861 (566,820) (50,000) (120,000) 0 0 0 3,949,041

General Fund Balance Contingency (100,000) 08/09 growth: Conservation review programme (24,000) (24,000) 08/09 growth: Local development framework (133,650)

(Use of)/Contribution to Reserves (742,919) General Fund Balance total 2,931,277 (1,000,569) (24,000) 0 0 0 0 1,906,708

Total Use of Reserves 7,617,138 (1,567,389) (74,000) (120,000) 0 0 0 5,855,749

Policy & Resources Committee – 18 January 2010 Page 457

FINANCE SUB COMMITTEE

Date: 4 January 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - Andy Mercer (Chairman)

David Brackenbury Steven North Roger Glithero JP Robin Underwood Richard Lewis

PART A ITEMS

1. MINUTES

The minutes of the meeting held on 14 December 2009 were approved and signed by the Chairman.

4. APOLOGIES FOR ABSENCE

Councillor John Richardson MBE sent his apologies.

5. DECLARATIONS OF INTEREST

No interests were declared.

PART B ITEMS

4. REVENUE BUDGETS 2010/11

The Sub Committee considered the Council’s proposed Revenue Budget for 2010/11.

The Head of Resources reported that the Budget had been affected by the current state of the economy with reduced income and no provision for growth items. Members were informed of the main reasons for the reduction and it was highlighted that £909,971 had been removed from service budgets. However, as investment income had fallen by £307,330 and adjustments had been made to savings targets (which would be reviewed in February), the net overall reduction in the Budget was £52,641.

In order to bring the budget into balance £1.179m of reserves would have to be used, with £74,000 coming from earmarked reserves and the balance from the general fund reserves. It would also be necessary to raise £3,596,167 from Council Tax, which would result in an increase of 2.5% for 2010/11. The Chairman stated that there could be further reductions in funding in the 2011/12 Budget on top of the £1m deficit forecast for 2010/11.

Policy & Resources Committee – 18 January 2010 Page 458

A Members’ Workshop would be held to identify further savings before the Budget was considered by the Policy and Resources Committee on 22 February 2010.

It was noted that the Budget Review Group had found savings to service budgets and the Sub Committee thanked the Group for its work during the past year identifying these savings.

The amounts from reserves and balances which had been used to fund specific items were noted and it was proposed that the level of each earmarked reserve would be reviewed to reflect current requirements.

Members also gave consideration to the inclusion of a Contingency Reserve of £100,000 and the Prudential Indicators.

RESOLVED TO RECOMMEND:

(1) That the draft Revenue Budget for 2010/11 (outlined in Appendices 1, 2 and 2a attached to these minutes), including the use of earmarked reserves to fund certain items, be approved, subject to further savings which may be agreed at the Policy and Resources Committee on 22 February 2010.

(2) That a Contingency Reserve of £100,000 be approved for inclusion within the Revenue Budget.

(3) That the Prudential Indicators (outlined in Appendix 3 attached to these minutes) be recommended to the Council.

5. CAPITAL PROGRAMME 2009/10 TO 2017/18

The Head of Resources submitted the Council’s Capital Programme from 2009/10 to 2017/18 for consideration. The Programme had been extended to assess the financial options for funding the Council’s future capital plans and projects.

The Sub Committee reviewed the Programme taking into account the current and future prospects for the UK economy and the implications for generating capital receipts to fund projects under the Programme.

It was reported that the Council would have to borrow in order to fund planned expenditure in 2010/11 and 2011/12 and in the longer term to fund any future capital projects. However, this would be balanced by expected receipts from the sale of some land in 2012/13. Members noted that a report would be submitted to the Policy and Resources Committee on borrowing options for Manor Park, once the decision on planning permission had been taken.

Members considered the three main risks associated with the Programme: • Assumptions made for new capital receipts associated with the sale of land, which were dependent on the markets recovering • Slippage in projects included within the Programme affecting community projects funded by the Council • Possible purchase of Waste Management Vehicles if they were not provided by the contractor under the new Waste Management Contract.

Policy & Resources Committee – 18 January 2010 Page 459

It was agreed that more information be provided to a future meeting of the Sub Committee on the potential to realise receipts from the disposal of assets.

RESOLVED TO RECOMMEND:

That the Capital Programme for 2010/11 to 2017/18 (outlined in Appendices 4, 5 and 6 attached to these minutes), be recommended for approval.

Chairman

Policy & Resources Committee – 18 January 2010 Page 460

Revenue Budget Report Appendix 1

East Northamptonshire Council General Fund Budget 2010/11

Actual Budget Budget 2008/09 2009/10 2010/11

487,114 Central Services to the Public 526,330 466,520 4,771,382 Cultural, Environmental and Planning Services 5,052,500 4,626,584 5,321,688 Departmental, Central and Support Services 5,789,100 5,662,832 430,784 Highways, Roads and Transport Services 485,960 368,760 204,466 General Fund Housing Services 306,970 192,723 515,687 Corporate and Democratic Core 523,570 451,720 802 Non-Distributable Costs (725,300) (169,980)

11,731,924 Net Cost of Services 11,959,130 11,599,159

Other Expenditure/Adjustments

(1,143,016) Interest and Investment Income (494,000) (186,670) (929,534) Appropriation To/(From) Reserves (1,515,450) (1,178,592)

9,659,374 Total Budget Requirement 9,949,680 10,233,897

Sources of Funding (6,316,259) RSG/NNDR Grant (6,482,080) (6,660,730) Transfer (From)/To Collection Fund 29,200 23,000

(6,316,259) Total Funding (6,452,880) (6,637,730)

3,343,115 AMOUNT TO BE MET FROM COUNCIL TAX 3,496,800 3,596,167

29,800 Council Tax Base 30,000 30,100 112.19 Estimated Equivalent Band D Tax (ENC Element) 116.56 119.47 117.79 123.68

Policy & Resources Committee – 18 January 2010 Page 461 Appendix 2 Revenue Budget Report Analysis of Service Expenditure

Actuals Description Budget Budget 2008/09 2009/10 2010/11 Variance £ £ £ Note Central Services to the Public 44,124 Elections 38,700 26,200 (12,500) 1 27,503 Emergency Planning 27,070 32,100 5,030 155,620 General Grants Bequests & Donations 150,000 110,000 (40,000) 2 (20,032) Local Land Charges (47,190) (43,770) 3,420 279,899 Local Tax Collection 357,750 341,990 (15,760) 3 487,114 Total Central Services to the Public 526,330 466,520 (59,810)

Cultural, Environmental and Planning Services 16,190 Culture & Heritage 17,400 17,400 0 641,570 Recreation and Sport 705,920 681,520 (24,400) 4 135,286 Tourism 142,540 144,260 1,720 102,022 Open Spaces 29,510 19,830 (9,680) 76,469 Safety Services 50,000 15,000 (35,000) 5 563,078 Environmental Health 644,110 523,673 (120,437) 6 11,319 Flood Defence & Land Drainage 11,790 9,760 (2,030) 962,974 Street Cleansing 1,034,660 1,044,953 10,293 7 1,282,794 Waste Collection 1,367,140 1,414,893 47,753 8 121,653 Crime Reduction 161,020 158,710 (2,310) (22,584) Building Control (15,150) (39,785) (24,635) 9 293,847 Development Control 152,750 162,010 9,260 276,360 Planning Policy 352,350 126,990 (225,360) 10 70,753 Environmental Initiatives 49,960 52,760 2,800 81,412 Economic Development 143,490 144,530 1,040 158,240 Community Development 205,010 150,080 (54,930) 11 Total Cultural, Environmental and Planning 4,771,382 Services 5,052,500 4,626,584 (425,916)

Departmental, Central and Support Services 1,205,591 Resources 1,184,000 1,231,840 47,840 12 373,346 Customer Services 445,440 428,870 (16,570) 13 442,187 Organisational Development 432,940 394,912 (38,028) 14 425,611 SMT 484,470 466,950 (17,520) 15 307,796 Environmental Services 348,410 336,420 (11,990) 16 962,453 ICT 1,222,400 1,216,470 (5,930) 519,501 Offices 526,220 535,140 8,920 289,326 Planning Services 308,630 296,190 (12,440) 17 652,693 Policy and Community Development 652,140 582,990 (69,150) 18 143,186 Revenue and Benefit Services 184,450 173,050 (11,400) 19 Total Departmental, Central and Support 5,321,688 Services 5,789,100 5,662,832 (126,268)

Highways, Roads and Transport Services 11,961 Environmental Safety Routine Maintenance 11,010 10,170 (840) 86,587 Parking Services 81,130 67,580 (13,550) 20 332,236 Public Transport 393,820 291,010 (102,810) 21 430,784 Total Highways, Roads and Transport Services 485,960 368,760 (117,200)

Policy & Resources Committee – 18 January 2010 Page 462 Revenue Budget Report Appendix 2 Analysis of Service Expenditure

Actuals Description Budget Budget 2008/09 2009/10 2010/11 Variance £ £ £ Note

Housing Services 74,255 Housing Strategy 91,180 97,710 6,530 13,659 Housing Advice 15,180 15,360 180 119,338 Private Sector Housing Renewal 136,850 114,940 (21,910) 22 183,014 Homelessness 209,030 229,290 20,260 23 (185,800) Housing Benefits Payments (145,270) (264,577) (119,307) 24 204,466 Total Housing Services 306,970 192,723 (114,247)

Corporate and Democratic Core 336,211 Democratic Representation & Management 329,320 316,720 (12,600) 25 179,476 Corporate Management 194,250 135,000 (59,250) 26 515,687 Total Corporate and Democratic Core 523,570 451,720 (71,850)

Unapportionable Central Overheads 802 Retirement Costs (inc FRS17 adjustments) 49,700 55,020 5,320 * Contingency 100,000 100,000 0 * Transitional Vacancy Savings (450,000) (250,000) 200,000 27 * Capitalisation of Salaries (125,000) (75,000) 50,000 28 * Efficiency Savings (300,000) 300,000 29 * Non allocable amortisation credits * 2008/09 Actuals included within service expenditure 802 Total Unapportionable Central Overheads (725,300) (169,980) 555,320

11,731,924 Total 11,959,130 11,599,159 (359,971)

Policy & Resources Committee – 18 January 2010 Page 463

Appendix 2(a) Summary of Variations 2009/10 – 2010/11 Budgets

Ref. Service Area Net Budget Variance

1 Elections Centralisation of Postage costs (£12.5k) now within Resources. 2 General Grants Bequests & Revision of model for funding the voluntary sector, as per P&R Donations Committee to help achieve a budget saving. 3 Local Tax Collection Reflects changes on Discretionary Rate Relief provision. 4 Recreation and Sport Salary. £10k budget reduction on building maintenance and repairs. 5 Safety Services Reduction on Community Safety Fund Grants. 6 Environmental Health Increased activity in the Licensing Unit. 7 Street Cleansing Assumed increase of 3% contract costs for inflation. 8 Waste Collection Estimated loss of income (£33k Commercial Premises and £10.5k NCC recycling contribution) due to economic downturn. 9 Building Control Staff savings (£13.5k) and assumed increased on income fees (£11.1k) 10 Planning Policy Reduction on costs for the Local Development Framework and abolition of Historic Building Grants as per BRG (£42k). 11 Community Development Reduction on staffing costs. 12 Resources Reduction of £18k on staffing costs and £15.3k on Insurance costs. £82.4k Increase on Postage costs, transferred from other services for centralisation. 13 Customer Services Reduction on staffing costs. 14 Organisational Reduction on Life Assurance (£16.4k) and Recruitment Development Advertising costs (£20.3k) 15 SMT Reduction on staffing costs. 16 Environmental Services £5.4k reduction on Postage costs now centralised within Resources, and reduction on staff travelling costs. 17 Planning Services £14k reduction on Postage costs now centralised within Resources. 18 Policy and Community Reduction on staffing costs due to completion of the A4E Development project. 19 Revenue and Benefit The reduction of Security cash collection costs is the main Services reason for this variance. 20 Parking Services Abolition of contributions to Town Councils as per BRG, and increase of £7.8k for National Non-Domestic Rates. 21 Public Transport Reduction mainly due to changes to the concessionary fares policy. 22 Private Sector Housing Reduction on staffing costs. Renewal 23 Homelessness Increase on contract payments to Spire Homes for provision of cost of Housing Options Contract Homelessness, agreed at P&R committee 15 June 2009 min. 43 refers 24 Housing Benefits Payments Reduction reflects the changes to the Housing Benefits Administration and Subsidy. 25 Democratic Representation Support to Standards Board and Scrutiny that will now be met & Management from contingency if necessary. 26 Corporate Management Variances due to the end of our contribution to the LAA administration unit. 27 Transitional Vacancy This reflects our current estimate for savings we will accrue as a Savings result of posts becoming vacant. Last year’s figure was higher because we anticipated the impact of the reduced pay award and the fact that some posts would not be filled if they became vacant. 28 Capitalisation of Salaries This reflects the level of salaries we can now capitalise in accordance with financial regulations. 29 Efficiency Savings No longer shown as a separate item.

Policy & Resources Committee – 18 January 2010 Page 464 Appendix 3

Prudential Indicators

2008/09 2009/10 2010/11 2011/12 2012/13 ref Prudential Indicator Actual Probable Estimate Estimate Estimate

£ £ £ £ £ Capital Expenditure & Commitments

1 Capital Expenditure By Service - Central Services to the Public - Cultural, Environmental and Planning Services 2,935,396 2,024,940 7,752,096 7,116,672 2,780,130 - Highways, Roads and Transport Services - Housing Services 505,369 970,471 300,000 1,300,000 802,300 - Corporate and Democratic Core 350,147 513,500 435,000 440,000 364,000 - Unapportionable Central Overheads

Total 3,790,912 3,508,911 8,487,096 8,856,672 3,946,430

2 Estimate of Capital Financing Requirement -2,401,000 -2,401,000 -390,023 7,550,749 3,497,179

Affordability

3 Ratio of financing costs to net revenue stream 0 0 0.97% 1.97% 1.98%

4 Impact of capital investment decisions on the Council Tax (lost interest) 7.09 6.14 4.93 8.77 5.16

External Debt

5 Authorised limit for external debt 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000

6 Operational boundary for external debt 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000

Treasury Management

7 Adoption of the CIPFA Code of Practice for Treasury Management in the Public Services Yes Yes Yes Yes Yes

8 Upper limit for borrowing that is at variable rates less investments that are at variable rates 0 0 0 0 0

9 Lower limit for borrowing that is at variable rates less investments that are at variable rates 0 0 0 0 0

10 Upper limit for borrowing that is at fixed rates less investments that are at fixed rates 0 0 0 0 0

11 Lower limit for borrowing that is at fixed rates less investments that are at fixed rates 0 0 0 0 0

12 Upper Limit for the maturity structure of borrowing: under 12 months 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000 12 months and within 24 months 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000 24 months and within 5 years 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000 5 years and within 10 years 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000 10 years and above 5,000,000 5,000,000 15,000,000 15,000,000 15,000,000

13 Lower Limit for the maturity structure of borrowing: under 12 months 0 0 0 0 0 12 months and within 24 months 0 0 0 0 0 24 months and within 5 years 0 0 0 0 0 5 years and within 10 years 0 0 0 0 0 10 years and above 0 0 0 0 0

14 Upper limit for total principal sums invested for over 364 days 12,000,000 12,000,000 6,000,000 6,000,000 6,000,000

Policy & Resources Committee – 18 January 2010 Page 465

Appendix A

East Northamptonshire Council 10 Year Capital Strategy 2009/10 to 2018/19

2010 2011 2012 2013 2014 2015 2016 2017 2018 Future Years

Housing Projects 970,471 300,000 1,300,000 802,300 300,000 300,000 300,000 300,000 300,000 300,000 Leisure & Tourism Projects 530,210 111,000 205,000 190,300 0 0 0 0 0 0 Environment Projects 1,032,530 7,356,000 5,594,000 810,670 0 10,000 0 10,000 0 0 Central Services Projects 20,000 50,000 80,000 27,000 30,000 220,000 0 0 0 0 Corporate Systems 423,710 435,000 440,000 364,000 200,000 200,000 200,000 200,000 200,000 200,000 Youth Projects 45,000 45,000 0 0 0 0 0 0 0 0 Industrial Units Projects 39,000 20,000 0 150,000 0 0 0 0 0 0 Vehicle Replacements 126,230 170,096 222,672 102,160 100,000 100,000 116,600 133,200 100,000 100,000

Capital Spend 3,187,151 8,487,096 7,841,672 2,446,430 630,000 830,000 616,600 643,200 600,000 600,000

Capital Financing

Capital Reserves 3,187,151 6,501,849 915,900 4,657,449 630,000 830,000 616,600 643,200 600,000 600,000 Revenue Reserves 0 Direct Revenue Funding Borrowing 1,985,247 6,925,772 (2,211,019) Total Capital Financing 3,187,151 8,487,096 7,841,672 2,446,430 630,000 830,000 616,600 643,200 600,000 600,000

Capital Financing

Opening Capital Reserves 3,970,000 3,309,849 0 0 3,342,551 2,712,551 1,882,551 1,265,951 622,751 22,751 add capital receipts and grants 2,527,000 3,192,000 915,900 8,000,000 0 0 0 0 0 0 less use of Reserves 3,187,151 6,501,849 915,900 4,657,449 630,000 830,000 616,600 643,200 600,000 600,000 Closing Capital reserves 3,309,849 0 0 3,342,551 2,712,551 1,882,551 1,265,951 622,751 22,751 (577,249)

Policy & Resources Committee – 18 January 2010 Page 466

Capital Programme - 2009/10 to 2017/18 Appendix 5

EXPENDITURE SUMMARY 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years

Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £

Housing Projects 970,471 300,000 1,300,000 802,300 300,000 300,000 300,000 300,000 300,000 300,000 Leisure and Tourism Projects 530,210 111,000 205,000 190,300 ------Environment Projects 1,032,530 7,356,000 5,594,000 810,670 - 10,000 - 10,000 - - Central Services Projects 20,000 50,000 80,000 27,000 30,000 220,000 - - - - Corporate Systems 423,710 435,000 440,000 364,000 200,000 200,000 200,000 200,000 200,000 200,000 Youth Projects 45,000 45,000 ------Industrial Units Projects 39,000 20,000 - 150,000 ------Vehicle Replacements 126,230 170,096 222,672 102,160 100,000 100,000 116,600 133,200 100,000 100,000

Total 3,187,151 8,487,096 7,841,672 2,446,430 630,000 830,000 616,600 643,200 600,000 600,000

Cost Housing Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCF201 Disabled Facilities Grants 769,371 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 JCF210 Spire Homes Adaptation Agreement 75,000 JCF204 Decent Homes Grant - Insulation 126,100 JCF229 Financial Support to Social Housing 1,000,000 502,300 Total 970,471 300,000 1,300,000 802,300 300,000 300,000 300,000 300,000 300,000 300,000

Cost Leisure and Tourism Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCF203 Village Hall Development 80,000 80,000 80,000 JCF230 Leisure Loans 25,000 25,000 25,000 JCJ291 The Pemberton Centre Rushden 6,000 - JCJ354 Nene Community Centre Repairs 10,210 JCJ374 TIC 20,300 JCJ381 Stanwick Lakes - Visitor Centre 415,000 100,000 170,000 Total 530,210 111,000 205,000 190,300 ------

Cost Youth Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCF236 Youth Opportunities: NCC resources 06/07 and 07/08 programmes NCC provisional resources 08/09 onwards 45,000 45,000 Total 45,000 45,000 ------

Policy & Resources Committee – 18 January 2010 Page 467

Capital Programme - 2009/10 to 2017/18 Appendix 5

Cost Environment Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCJ331 District Signage 16,800 JCJ371 Glass Collection/Kerbside Boxes 20,000 25,000 25,000 25,000 JCJ377 Environmental Improvements 15,000 20,000 20,000 JCJ383 Raunds/Irthlingborough Environmental Impts 46,130 JCJ386 Town Centre Regeneration 31,000 500,000 100,000 758,870 JCJ387 Raunds Enterprise Centre 5,400 JCJ407 Rushden Leisure Replacement 730,000 6,321,000 5,449,000 JCJ429 Rushden Greenway 185,000 480,000 JCJ605 District Car Parks 10,000 10,000 10,000 10,000 Total 1,032,530 7,356,000 5,594,000 810,670 - 10,000 - 10,000 - -

Cost Central Services Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCJ318 ENH Capital Repairs 20,000 30,000 40,000 20,000 30,000 220,000 JCJ329 Leisure Buildings - 40,000 New Colour Printer 20,000 - - - - New Plan Printer 7,000 Total 20,000 50,000 80,000 27,000 30,000 220,000 - - - -

Cost Vehicle Replacements 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCJ600 Waste M'ment-Base Line. Service - Refuse Waste M'ment-Base Line. Service - Recycling Replacement Dog Warden Vans 15,000 33,200 - 16,600 16,600 33,200 Waste M'ment-Base Line. Service - Cleansing 120,000 JCJ601 Purchase of Company Cars 111,230 136,896 102,672 85,560 100,000 100,000 100,000 100,000 100,000 100,000 Total 126,230 170,096 222,672 102,160 100,000 100,000 116,600 133,200 100,000 100,000

Policy & Resources Committee – 18 January 2010 Page 468

Capital Programme - 2009/10 to 2017/18 Appendix 5

Cost Industrial Units Projects 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ JCF235 Road Adoption Kingsmead Kings Cliffe 19,000 150,000 JCJ390 Industrial Units 20,000 20,000 Total 39,000 20,000 - 150,000 ------

Cost Corporate Systems 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Future Years Centre Updated Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate £ £ £ £ £ £ £ £ £ £ Misc Replacement Hardware & Systems 200,000 200,000 200,000 200,000 200,000 200,000 JCJ389 Content Management System 90,000 JCJ409 Replacement PC`S, Monitors & Laptops 46,300 39,000 62,000 39,000 JCJ410 Replacement Printers & Scanners 65,000 30,000 10,000 55,000 JCJ411 Replacement Servers 42,000 35,000 18,000 45,000 JCJ412 Replacement Sun Server - 25,000 JCJ413 UPS for L12 - 7,000 JCJ414 Replacing Router & Tape Backup 15,000 20,000 8,000 5,000 JCJ415 Replacement Blackberries and Mobile Phones 6,000 6,000 JCJ416 Licences 70,000 115,000 65,000 90,000 JCJ417 Storage/Replacement SAN 10,000 26,000 85,000 20,000 JCJ418 Council Chamber Proj ect Screen 40,000 JCJ420 2008/09 Network Cables & Switches 5,000 18,000 16,000 10,000 JCJ423 Security Systems (ISO27001)/GovConnect 10,000 NEW Revenues and Benefits Upgrade 10,000 10,000 - 30,000 NEW ESRI - GIS Upgrade 8,410 10,000 30,000 NEW CAPS Solutions/ERMS 46,000 40,000 160,000 NEW Telephone System 5,000 40,000 NEW CRM Upgrades 25,000 Desirable NEW Payroll / HR System 50,000 Total 423,710 435,000 440,000 364,000 200,000 200,000 200,000 200,000 200,000 200,000

Policy & Resources Committee – 18 January 2010 Page 469

Capital Receipts Summary Appendix 6

Description Original Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Future Responsible 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Years Officer £ £ £ £ £ £ £ £ £ £

Capital Receipts

Land Sales 100,000 100,000 0 8,000,000 Rob Austin Income sharing from LSVT 50,000 25,000 0 Rob Austin LSVT Levy Written Back 1,000,000

Total Capital Receipts 1,150,000 125,000 0 8,000,000 0 0 0 0 0 0

Contributions to Capital Expenditure

DCLG - Disabled Facilities Grant 144,000 150,000 150,000 Mike Deacon DCLG - Decent Homes Grant 431,000 Mike Deacon DCLG - Planning Delivery Grant 192,000 232,000 232,000 Trevor G Watson NCC - Youth Opportunities Fund 45,000 45,000 45,000 Lisa Hyde S106 contributions to Social Housing 488,900 Trevor G Watson Rushden Greenway - NCC 150,000 Tom Grozdoski Rushden Greenway - Safeways 15,000 Tom Grozdoski Rushden Greenway - Sustrans 400,000 Tom Grozdoski GAF Contribution to Manor Park 400,000 1,600,000 Tom Grozdoski NEL funding for Manor Park 640,000 Tom Grozdoski

Total Contributions to Capital Expenditure 1,377,000 3,067,000 915,900 0 0 0 0 0 0 0

Total 2,527,000 3,192,000 915,900 8,000,000 0 0 0 0 0 0

Policy & Resources Committee – 18 January 2010 Page 470

DEVELOPMENT CONTROL COMMITTEE

Date: 27 January 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - Pauline Bradberry (Chairman) Gill Mercer (Vice Chairman) Andy Mercer (Leader of the Council)

Albert Campbell John Richardson MBE Lisa Costello Anna Sauntson Roger Glithero JP Phillip Stearn Glenn Harwood MBE Robin Underwood Sylvia Hughes Pam Whiting Brian Northall Clive Wood Ron Pinnock

PART A ITEMS

333. MINUTES

The minutes of the meeting held on 6 January 2010 were approved and signed by the Chairman.

334. APOLOGIES FOR ABSENCE

Councillors Wendy Brackenbury and Roger Powell sent their apologies.

335. DECLARATIONS OF INTEREST AND INFORMAL SITE VISITS

(a) Interests

(i) Prejudicial

Councillors Andy Mercer, Gill Mercer, Ron Pinnock, Robin Underwood and Clive Wood declared personal and prejudicial interests in application EN/09/01150/FUL because they were Members of Rushden Town Council (who owned the application site). They all left the meeting and did not take part in the discussion or voting when the application was considered.

(ii) Personal

Councillors Pauline Bradberry, Roger Glithero, Andy Mercer and John Richardson declared personal interests in application EN/09/01760/REM because they knew the applicant. They all remained in the meeting and took part in the discussion and voting when the application was considered.

Development Control Committee – 27 January 2010 Page 471

(b) Informal Site Visits

The following Councillors declared that they had undertaken informal site visit for these applications:

• Glenn Harwood for application EN/09/01150/FUL • Roger Glithero for application EN/09/01930/FUL

336. PUBLIC SPEAKERS

Mr A Howard spoke on application EN/09/01760/REM – Laws Lawn, Stamford Road, Kings Cliffe.

337. PLANNING APPLICATIONS

The Committee considered the schedule of applications and recommendations of the Head of Planning Services, with updated information on some of the applications and representations made by public speakers at the meeting.

The applications where the Committee had agreed with the Officer’s recommendations to grant or refuse are indicated under (a) and (b) below, and where the application had been deferred under (c) below. The full decision on the applications are included (on the page indicated) in the Appendix to these minutes.

(a) Applications Granted

(i) EN/09/01991FUL – Kinewell Lake Park, Station Road, Ringstead (See page 475).

Members welcomed the scheme and considered that the relocated car park would improve security, reduce crime and not unduly affect nearby residents. However, they were concerned that the proposed lighting scheme could affect nearby residents at night and requested that Condition 4 be amended.

Granted with the conditions as reported, subject to an amendment to Condition 4 indicating that there would be no requirement for a lighting scheme but if a scheme was implemented, details should be provided to the Council for approval before being installed.

(ii) EN/09/01522/FUL and EN/01523/LBC – School House, New Street, Oundle (See page 476).

Granted with the conditions as reported.

(iii) EN/09/01150/FUL – Land adjacent to Jasmine Gardens, Rushden (See page 477).

Granted with the conditions as reported.

(iv) EN/09/01767/RWL – 51 Victoria Street, Irthlingborough (See page 478).

Development Control Committee – 27 January 2010 Page 472

Members noted that the Section 106 Agreement for contributions towards education and open space, and provision of affordable housing was currently being negotiated with the applicants.

Granted - The Head of Planning Services be authorised, in concurrence with the Chairman or Vice Chairman and Ward Member, to grant the application with the conditions as reported, subject to the completion of a Section 106 Agreement for contributions towards education and open space, and provision of affordable housing.

(v) EN/09/01930/FUL – 47 West Street, Kings Cliffe (See page 482).

The Committee went against Officers’ advice to refuse because it considered that the installation of UPVC windows to replace the existing windows at the property and shop frontage would not set a precedent in the Conservation Area because of special circumstances, including the poor visual quality of the building and the need to support a community facility.

Granted subject to a time limit condition only and an Informative setting out the reason for the decision to make it clear that there were special circumstances which justified granting permission, including the visual appearance of the building and the viability of the business.

(vi) EN/09/01650/OUT – 112 Irchester Road, Rushden (See page 483).

Granted with the conditions as reported and with two additional conditions to restrict permitted development rights and boundary treatments.

(b) Applications Refused

EN/09/01736/VAR – Midland Road Granaries, Midland Road, Higham Ferrers (See page 478).

The Committee considered that the applicants had done everything possible to defer paying a financial contribution towards offsite open space works to the Town Council as required by a condition when the application was granted in 2005. It asked that Officers negotiate with the applicants on an appropriate contribution and that enforcement action be taken if the matter was not satisfactorily resolved.

Refused with the reasons as reported and that Officers, in concurrence with the Ward Member, be given three months to negotiate compliance with the condition, subject to the provision of quotes for outstanding works to Castle Fields from Higham Ferrers Town Council up to a maximum amount of £39,100. If the matter was not satisfactorily resolved within three months, then the most appropriate form of enforcement action be taken for non compliance with the condition.

(i) EN/09/00759/FUL – 77 Brook Street, Raunds (See page 481).

The Committee had concerns about:

• the ability of the proposed ventilation system to adequately extract cooking fumes using the property’s existing chimney • delivery times at the weekend

Development Control Committee – 27 January 2010 Page 473

• potential for antisocial behaviour outside the premises affecting nearby residents • the number of takeaways in the vicinity.

Deferred for an engineer’s report on the ventilation/extraction system and whether the property’s existing chimney could be used; further clarification from Environmental Health on delivery hours; and a formal Members’ site visit at 1.00pm on Wednesday 3 February.

(ii) EN/09/01760/REM – Laws Lawn, Stamford Road, Kings Cliffe (See page 481).

The Committee considered that the application could be granted subject to the applicant agreeing to improve the design of the proposed property. They considered that the property would not be harmful to the open countryside and there were similar sized properties in the area.

Deferred for Officers to negotiate with the applicants to seek improvements to the design.

(iii) EN/09/00935/FUL – 10 Hautboy Lane, Warmington (See page 482).

Members noted that Officers were recommending that the application be deferred for further consideration.

Deferred to allow the application to be advertised because it affected the setting of an adjoining listed building; for this material consideration to be taken into account in the determination of the application; and to enable a detailed response to be made to a late neighbour representation.

RESOLVED:

That the above planning applications be dealt with as indicated in the Appendix to these minutes at pages 475 to 484.

338. CONTINUATION OF MEETING – COUNCIL PROCEDURE RULE 8

During the consideration of application EN/09/01930/FUL under the item above, the Chairman reported that the two hour period in the above Rule had been reached and it was

RESOLVED:

That the remaining business on the agenda be completed.

339. APPEAL DECISION MONITORING REPORT

Members noted the report submitted by the Head of Planning Services monitoring the Council’s planning and enforcement appeal decisions from 7 December 2009 to 1 January 2010.

Chairman

Development Control Committee – 27 January 2010 Page 474

List of Applications Determined by DEVELOPMENT CONTROL COMMITTEE - 27 January 2010

EN/09/01991/FUL

Date received Date valid Overall Expiry Ward 18 December 2009 18 December 2009 12 February 2010 Thrapston Market

Applicant Kinewell Trust c/o K Housemayne De Boulay

Agent Stuart Long Architect

Location Kinewell Lake Park, Station Road, Ringstead. Proposal Alterations to car park.

Decision Application Granted with the conditions as reported, subject to an amendment to Condition 4 indicating that there would be no requirement for a lighting scheme but if a scheme was implemented, details should be provided to the Council for approval before being installed.

Conditions/Reasons:

1. The development hereby permitted shall be begun before the expiration of 3 years from the date of this permission. Reason: Statutory requirement under provision of Section 51 of the Planning and Compulsory Purchase Act 2004.

2. In accordance with the submitted details, the existing boundary screening to all boundaries of the site (including trees, shrubs and hedges) shown on drawing numbers: 674/2 and 673, received on 18th December 2009, shall be retained, unless otherwise agreed in writing by the Local Planning Authority. Before commencement of the development hereby permitted, a drawing at a scale of not less than 1:500 to show the position, species, canopy, spread and height of all trees, shrubs and hedges within and adjacent to the site to be retained and those proposed for felling, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the details so approved and this screening shall thereafter be retained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of visual amenity, the character and appearance of the area and facilitate proper consideration of the provision made for trees on the site in accordance with Section 197 of the Town and Country Planning Act 1990.

3. Before commencement of the development hereby permitted and notwithstanding the submitted details, details of the surfacing of the access, footpath and parking areas, including the type of materials and colour, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be implemented and retained in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity, the character and appearance of the area and highway safety.

4. Prior to the installation of any lighting at the car park area or footpath hereby approved, details shall be submitted to and approved in writing by the local planning authority and the lighting scheme shall thereafter be implemented and retained in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of residential and visual amenity and in order to ensure no adverse impacts upon local wildlife.

Development Control Committee – 27 January 2010 Page 475

EN/09/01522/FUL

Date received Date valid Overall Expiry Ward 28 September 2009 28 September 2009 23 November 2009 Oundle

Applicant The Oundle School Building Co Ltd

Agent CMPS

Location School House, New Street, Oundle. Proposal Erection of railings and a gate to within the courtyard on the west side of New Street.

Decision Application Granted

Conditions/Reasons:

2. The development shall be carried out strictly in accordance with the amended details received by the Local Planning Authority on 13th November 2009, drawing number: 08.12/23 and Design and Access Statement, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the development is implemented in accordance with the approved details and to ensure the development would not be detrimental to the character, appearance and setting of the listed building.

EN/09/01523/LBC

Date received Date valid Overall Expiry Ward 28 September 2009 28 September 2009 23 November 2009 Oundle

Applicant The Oundle School Building Co Ltd

Agent CMPS

Location School House, New Street, Oundle. Proposal Erection of railings and a gate to within the courtyard on the west side of New Street.

Decision Application Granted

Conditions/Reasons:

Development Control Committee – 27 January 2010 Page 476

Reason: To ensure the development is implemented in accordance with the approved details and to ensure the development would not be detrimental to the character, appearance and setting of the listed building.

EN/09/01150/FUL

Date received Date valid Overall Expiry Ward 21 July 2009 4 August 2009 29 September 2009 Rushden

Applicant Mr M Day

Location Land Adjacent To Jasmine Gardens, Rushden. Proposal Change of use of land from tree buffer zone to private back gardens for 35, 37 and 26 Jasmine Gardens.

Decision Application Granted

Conditions/Reasons:

2. In accordance with the submitted photographic details, received on 21 July 2009, the boundary fence to be installed shall not exceed 2.0 metres in height. Reason: In avoidance of doubt and to clarify the terms of this consent.

3. Before commencement of the development hereby permitted, the position of the fencing shall be marked out for inspection by a representative of East Northamptonshire Council and details of this marked out fencing shall be submitted to and be approved in writing by the Local Planning Authority. This fencing shall thereafter be installed and maintained in accordance with the site inspection details and other details so agreed in writing by the Local Planning Authority, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure satisfaction protection for the hedgerow, facilitate proper consideration of trees in accordance with Section 197 of the Town and Country Planning Act 1990 and to minimise opportunities for crime and fear of crime.

4. Notwithstanding the submitted details and before commencement of the development hereby permitted, full details of any tree works or works to the southern boundary hedge, shall be submitted to and be approved in writing by the Local Planning Authority. This shall include details of the location, type of species and works description. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure satisfaction protection for the hedgerow and facilitate proper consideration of trees in accordance with Section 197 of the Town and Country Planning Act 1990 and local wildlife.

5. In accordance with the recommendations of the submitted Ecological Report, any trimming, topping or looping works to the trees, hedgerow or other vegetation (so approved by condition 4 above) shall be carried out outside of the bird breeding season, from 1 March to 31 July (inclusive), unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure satisfactory protection for protected species and wildlife.

6. In accordance with the amended details received on 26 November 2009, this permission only confers consent to extend the garden areas of 26, 37 and 35 Jasmine Gardens only and does not give permission to extend the garden of 28 Jasmine Gardens. Reason: In avoidance of doubt and to clarify the terms of this consent.

Development Control Committee – 27 January 2010 Page 477

EN/09/01736/VAR

Date received Date valid Overall Expiry Ward 29 October 2009 29 October 2009 28 January 2010 Higham Ferrers

Applicant Stamford Homes Midlands - Mr M Bond

Location Midland Road Granaries, Midland Road, Higham Ferrers. Proposal Removal of Condition 13 (offsite open space - Grampian) Planning permission EN05/01542/REM dated 28 September 2005 for the erection of twenty three residential dwellings.

Decision Application Refused with the reason as reported and that Officers, in concurrence with the Ward Member, be given three months to negotiate compliance with the condition, subject to the provision of quotes for outstanding works to Castle Fields from Higham Ferrers Town Council up to a maximum amount of £39,100. If the matter was not satisfactorily resolved within three months, then the most appropriate form of enforcement action be taken for non compliance with the condition. Reason:

1. The condition was imposed to meet the requirements for open space provision generated by the development (EN/05/01542/FUL) in accordance with policies RL3 and RL4 in the adopted East Northamptonshire District Local Plan, as the submitted scheme did not include the provision of on site open space in accordance with these policies. Since then this Council has adopted an SPD in respect of Developer Contributions, linked to these policies. There is a scheme in place to improve Castle Fields which is in close proximity to the site and the requirement to carry out works to this site would accord with the advice in Circular 05/05 Planning Obligations in that such works would meet the shortfall in open space provision resulting from the scheme and would be reasonably related to the development which was permitted (EN/05/01542/FUL). In addition, the wording of the condition does not conflict with advice in Circular 11/95 Use of Conditions in Planning Permission.

EN/09/01767/RWL

Date received Date valid Overall Expiry Ward 4 November 2009 6 November 2009 5 February 2010 Irthlingborough John Pyel

Applicant Normandy Leathers Ltd - Mr Douglas Perkins

Location 51 Victoria Street, Irthlingborough. Proposal Renewal of extant outline planning permission EN/05/00281/OUT Proposed residential development. All matters reserved except means of access dated 08/11/2006.

Decision The Head of Planning Services be authorised, in concurrence with the Chairman or Vice Chairman and Ward Member, to Grant the application with the conditions as reported, subject to the completion of a Section 106 Agreement for contributions towards education and open space, and provision of affordable housing.

Conditions/Reasons:

Development Control Committee – 27 January 2010 Page 478

1. Approval of the details of the layout, siting, scale and appearance of the building(s) and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before the development is commenced. Reason: The application is in outline only and the reserved matters referred to will require full consideration by the local planning authority.

2. Application for the approval of the reserved matters must be made not later than the expiration of three years beginning with the date of this permission. Reason: Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004.

3. The development to which this permission relates shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: Statutory requirement under Section 51 of the Planning and Compulsory Purchase Act 2004.

4. The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing: A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use. Two full copies of the site investigation and findings shall be forwarded to the LPA. Reason: To ensure potential risks arising from previous site uses have been fully assessed.

5. Where the risk assessment identifies any unacceptable risk or risks, a detailed remediation strategy to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted and approved by the LPA. No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the LPA. Reason: To ensure the proposed remediation plan is appropriate.

6. Remediation of the site shall be carried out in accordance with the approved remediation strategy. No deviation shall be made from this scheme without the express written agreement of the LPA. Reason: To ensure site remediation is carried out to the agreed protocol.

7. On completion of remediation, two copies of a closure report shall be submitted to the LPA. The report shall provide validation and certification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the closure report. Reason: To provide verification that the required remediation has been carried out to the required standards.

8. If, during development, contamination not previously considered is identified, then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA. Reason: To ensure all contamination within the site is dealt with.

9. Notwithstanding the submitted details, the development hereby approved shall not commence until full details of traffic calming at the site access point and the junction of Victoria Street and Jubilee Street have been submitted and approved in writing by the local planning authority. The development shall be provided fully in accordance with the approved details unless otherwise agreed in writing by the local planning authority and prior to the first occupation of any dwellings constructed pursuant to this consent. Reason: In the interests of highway safety.

Development Control Committee – 27 January 2010 Page 479

10. The details pursuant to condition 9 above shall be supported by a traffic safety audit which shall be submitted to and approved in writing by the local planning authority prior to the commencement of development. Reason: In the interests of highway safety.

11. Before the development hereby permitted is commenced, details of the construction and surfacing of the vehicular access to the public highway, parking facilities and all other hard-surfaced areas within the site shall have been submitted to and approved by the local planning authority. These facilities shall then be provided in accordance with the approved details before the first occupation of the development. Reason: In the interest of highway safety and visual amenity.

12. Prior to the commencement of development details of the means of foul and surface water drainage shall be submitted to and approved in writing by the local planning authority. Development shall be completed in accordance with the approved details prior to the first occupation of the approved building(s). Reason: In the interests of public health and to minimise the risk of flooding onsite and elsewhere.

13. Prior to the commencement of development details of boundary treatments shall be submitted to and approved in writing by the local planning authority. Boundary treatment shall be erected in accordance with the approved details prior to the first occupation of the approved building(s). Reason: To safeguard the visual amenity of the area and in the interests of crime prevention

14. The details to be submitted for approval in writing by the Local Planning Authority in accordance with condition 1 above shall include street scene elevations and floor plan and spot level drawings to show the slab levels of the building in relation to the existing and proposed levels of the site and the surrounding land within 25 metres of the site. The buildings shall there after be constructed in accordance with the details so approved in writing by the local planning authority, unless otherwise agreed in writing by the Local Planning Authority. Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

15. Notwithstanding the submitted details, this outline permission does not confer consent to a specific number of residential units and instead confers consent only for the principle of residential development and means of access. Reasons: (1) The applicant has failed to demonstrate that 26 flats could be accommodated without having an adverse impact on the character of the area, but in all other aspects this outline application is acceptable. (2) For the avoidance of doubt.

16. Prior to the commencement of development details of the location of temporary contractor car parking during construction works shall be submitted to and approved in writing by the local planning authority. For the duration of the construction works the temporary car parking area shall be available for contractors' use in accordance with the approved details. Reason: In order to avoid undue congestion and on-road car parking during construction works.

17. Notwithstanding the approved details, prior to the commencement of development (with the exception of works of remediation) details of secure cycle parking facilities to each and every dwelling shall be submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until such time as the secure cycle parking associated with that dwelling has been provided in accordance with the approved details. Reason: To ensure that adequate convenient and secure cycle parking is available in the interests of environmental sustainability.

18. A noise survey and acoustic report, which shall include details of a noise mitigation strategy, shall be submitted to and be approved in writing by the Local Planning Authority in the reserved matters, before commencement of development. Reason: In the interest of residential amenity.

Development Control Committee – 27 January 2010 Page 480

19. A protected species report, which shall include a survey of the main building and attached structures, shall be submitted to and be approved in writing by the Local Planning Authority in the reserved matters, before commencement of development. Reason: To establish the presence of protected species within the building and ensure the development would not harm any protected species, in accordance with the advice contained in Circular 06/2005 and PPS9.

20. Before commencement of development hereby permitted, a sustainable strategy to demonstrate that the development complies with Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy.

EN/09/00759/FUL

Date received Date valid Overall Expiry Ward 18 May 2009 21 May 2009 16 July 2009 Raunds Saxon

Applicant Mr A Miah

Agent Berrys

Location 77 Brook Street, Raunds. Proposal Change of use of ground floor of 77-79 to Hot Food takeaway (A5 Use Class) from Retail use (A1) plus revised shopfront, 3 fascia lights and alterations to the house chimney to extract duct.

Decision Application Deferred for an engineer’s report on the ventilation/extraction system and whether the property’s existing chimney could be used; further clarification from Environmental Health on delivery hours; and a formal Members’ site visit at 1.00pm on Wednesday 3 February.

EN/09/01760/REM

Date received Date valid Overall Expiry Ward 4 November 2009 5 November 2009 31 December 2009 Kings Forest

Applicant Mrs And Mrs A Howard

Agent Wythe Holland Partnership LLP

Location Laws Lawn, Stamford Road, Kings Cliffe. Proposal Demolition of farmhouse and erection of replacement dwelling - seeking consent for Layout, Scale, Appearance, Access and Landscaping.

Decision Application Deferred for Officers to negotiate with the applicants to seek improvements to the design.

Development Control Committee – 27 January 2010 Page 481

EN/09/01930/FUL

Date received Date valid Overall Expiry Ward 3 December 2009 3 December 2009 28 January 2010 Kings Forest

Applicant Mr M Gorania

Agent Artisan Designs Ltd - Mr James Lewis

Location 47 West Street, Kings Cliffe. Proposal Existing windows replaced and shop frontage change.

Decision Application Granted subject to a time limit condition only and an Informative setting out the reason for the decision to make it clear that there were special circumstances which justified granting permission, including the visual appearance of the building and the viability of the business.

Condition/Reason:

EN/09/00935/FUL

Date received Date valid Overall Expiry Ward 17 June 2009 17 June 2009 12 August 2009 Lower Nene

Applicant Mr J Bell - Bells Butchers

Agent W R Griffin Associates

Location 10 Hautboy Lane, Warmington. Proposal Change of shop front, first floor and single storey rear extension to private living accommodation (Re-submission of 08/02146/FUL).

Decision Application Deferred to allow the application to be advertised because it affected the setting of an adjoining listed building; for this material consideration to be taken into account in the determination of the application; and to enable a detailed response to be made to a late neighbour representation.

Development Control Committee – 27 January 2010 Page 482

EN/09/01650/OUT

Date received Date valid Overall Expiry Ward 15 October 2009 6 November 2009 1 January 2010 Rushden Spencer

Applicant Mrs T Sizer

Agent Sidey Design Architecture

Location 112 Irchester Road, Rushden. Proposal Outline: Erection of 3 No. detached dwellings. All matters reserved except access, layout and scale.

Decision Application Granted with the conditions as reported and with two additional conditions to restrict permitted development rights and boundary treatments.

Conditions/Reasons:

1. Approval of the details of the Appearance and Landscaping (hereinafter called “the reserved matters”) shall be obtained from the local planning authority. Reason: The application is in outline only and the reserved matters referred to will require full consideration by the local planning authority.

4. The details to be submitted for approval in writing by the local planning authority in accordance with condition 1 above shall include slab levels of the buildings in relation to the existing and proposed levels of the site and the surrounding land. The buildings shall thereafter be constructed in accordance with the slab levels that have been approved in writing by the local planning authority. Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

5. In accordance with condition 1, prior to the commencement of development, a comprehensive landscaping scheme for the site shall be submitted to and approved in writing by the local planning authority. The scheme shall thereafter be implemented in accordance with the approved details in the first planting season following the occupation of the development. Any trees that die or become diseased within a 5 year period of implementation shall be replaced on a like-for-like basis. Reason: To ensure a reasonable standard of development.

6. The accesses hereby approved shall be constructed in strict accordance with the details shown on drawing 09-010-01B. Reason: In the interest of highway safety.

7. Notwithstanding the details of the Design and Access Statement received on 06/11/09, the height of the dwellings hereby approved shall be limited to 9m. Reason: For the avoidance of doubt and to ensure a satisfactory form of development in relation to neighbouring land and buildings.

Development Control Committee – 27 January 2010 Page 483

8. Notwithstanding the submitted details, an Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The statement shall include, but not be limited to, details of ground protection in respect of plots 2 and 3 and details of the installation of services to the site. This statement shall be in accordance with BS5837: 2005. The development shall thereafter be carried out in accordance with these details. Reason: To ensure the protection of trees on site.

9. Notwithstanding the submitted details, a Tree Protection Plan for the onsite trees shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and shall be in accordance with BS5837:2005. The development shall thereafter be carried out in accordance with these details. Reason: To ensure the protection of trees on site.

10. Notwithstanding the submitted details, exact details of the no dig method shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall thereafter be carried out in accordance with these details. Reason: To ensure the protection of trees on site.

11. The access hereby approved shall be constructed before the commencement of the proposed dwellings. Reason: To ensure that vehicle movements in and out of the site do not cause excessive soil compaction and root damage.

12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order with or without modification) no extensions or other form of enlargement to the residential development hereby permitted, nor erection of porches, outbuildings, hardstandings, storage tanks, gates, fences, walls or other means of enclosure, shall take place without the prior written consent of the Local Planning Authority. Reason: To prevent an overdevelopment of the site and to safeguard neighbour amenity.

13. Prior to the commencement of development, a schedule of boundary treatments shall be submitted to and approved in writing by the local planning authority. Boundary treatment shall be completed in accordance with the approved schedule prior to the first occupation of any of the dwellings hereby approved. Reason: To ensure a satisfactory standard of development.

Development Control Committee – 27 January 2010 Page 484

EAST NORTHAMPTONSHIRE STANDARDS BOARD

Date: 3 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30 pm

Present: Graham Blagden (Chairman)

East Northamptonshire Glenvil Greenwood- Smith Barbara Jenney Councillors:

Town and Parish Councillors: Prudence Goss Arthur Whittaker

Independent Members: Hilary Daniels Graham Matthews Lance Quantrill

PART A ITEMS

340. MINUTES

The minutes of the meeting held on 10 January 2010 were approved and signed by the Chairman.

341. APOLOGIES FOR ABSENCE

Councillors Brian Northall, Roger Powell, Sue North and Don Campbell, and Keith Osborne, Deputy Monitoring Officer, sent their apologies. The Chairman welcomed Graham Matthews to his first meeting of the Board.

342. DECLARATIONS OF INTEREST

No interests were declared.

343. ACTIVITY REPORT OF THE MONITORING OFFICER

The Board received a report on the ethical matters dealt with by the Monitoring Officer since the last meeting and noted the volume and nature of activity over the period. The Board noted that the quarterly return had been submitted.

The Board noted that local Council Clerks had been invited to a Parish Update evening on 21 January hosted by the Council and Ncalc, which included feedback from the internal auditors, information on the power of wellbeing, meeting procedures, declaring interests and an opportunity to ask the experts on the panel. Training for new members of the Standards Board took place on 16 December 2009 and a training session for Town and Parish Councillors on the Code of Conduct, aimed at new Councillors and those who would like a refresher session, would be held at East Northampton Council on 8 February. It was reported that so far fifteen councillors had expressed interest in attending.

Standards Board – 3 February 2010 Page 485

The Monitoring Officer reported that potential conflicts of interest and vacancies at Parish Council level were a particular concern to some clerks. It was also noted that five Parish Councillors had not returned their initial Declaration of Interest forms, which was cause for concern as technically this would constitute a breach of the Code of Conduct. The Board was concerned that some councillors were possibly intentionally failing to return their initial Declaration and considered how to convince the councillors of the necessity of doing so. The Board commented that there was no formal mechanism for it to take the issue up formally without the Monitoring Officer submitting a complaint, which would disqualify her from giving advice through the assessment, investigation and hearing stages. The Monitoring Officer agreed to ask Standards for England for advice on how this difficulty had been overcome elsewhere, and to mention the Board’s concerns in a reminder letter to the councillors and Councils involved.

The Board noted that no news of progress on the revised Code of Conduct had been received and it seemed unlikely that it would be implemented before the General Election.

The Chairman reported back to the Board on his meeting with the Leader and Deputy Leader. The Chairman felt it had been a positive meeting and reported that the Leader had expressed the view that, regardless of any change of national government, a form of Standards Board was needed and he respected the need for an independent view. The Leader and Deputy Leader had raised concerns about Independent Members visiting Town and Parish Councils. This issue was discussed in depth. The Board confirmed its intention for such visits to be a mechanism for raising the profile of the Board, good governance and high ethical standards. It was noted that visits would always be made with the agreement of the clerk and Chairman. The Board asked the Monitoring Officer to let the Town and Parish Councils know to expect visits in the future and to ask the Councils to let her know if any wished to volunteer for an early visit. The Monitoring Officer agred to draft a short presentation for use at such visits and circulate it to the Independent Members for comment.

344. CONSTITUTIONAL CHANGES RELATING TO THE STANDARDS BOARD

The Board considered changes to its Terms of Reference proposed by the Constitution Review Group. The Group proposed to include requirements for independent members of the Board to not be a current member of a political party and to take up residence within 20 miles of the district within six months of taking up the post of independent member. It was also proposed to amend the quorum rules from any four members, to four members to include at least one District Councillor, Town or Parish Councillor and an Independent Member. The Board accepted these proposals.

The Constitution Review Group had also proposed that the recruitment panel for Independent Members, which had previously informally consisted of the Monitoring Officer, a District Councillor and the Chairman of the Board, be formalised as a panel in which District Councillors had a majority. The Group had felt that this would reinforce District Councillors’ confidence in the Board. The Board disagreed strongly with this proposal and asked that the following concerns be communicated to Council when the amendments were proposed:

• The proposal contradicted the principle of the Standards Board not being a political body. • The perception of the public and need to be independent – it might be perceived that the District Councillors wished to have influence over the Board. • If the proposal was based on the issue of confidence in the Board, confidence of Parish and Town Councillors in the Board, as well as the public, should have been taken into account.

Standards Board – 3 February 2010 Page 486

• If one member of the recruitment panel had concerns about a candidate then the other members of the Panel would take their views very seriously, therefore there would be no need for a majority of District Councillors.

The Board also suggested some minor alterations to update the Terms of Reference and requested clarification from the Monitoring Officer on the meaning of the requirement for Independent Members not to be a Councillor or Officer of ‘any other body having a Standards Committee’. It was agreed that the Board would consider all areas of the Constitution concerning the Standards Board at the next meeting.

PART B ITEMS

345. ANNUAL REPORT 2009

Members considered a draft Annual Report, which had been prepared by the Chairman, detailing the activity of the Board during 2009 and agreed that, with the amendments suggested by the Board, the report be approved and presented to the Council and, thereafter, publicised widely (including on the Council’s website, and circulated to Town and Parish Councils and the Press).

R.11 RESOLVED TO RECOMMEND:

That the Council receive the Standards Board’s 2009 Annual Report as set out at pages 488 to 491.

Chairman

Standards Board – 3 February 2010 Page 487

East Northamptonshire Council Standards Board Annual Report 2009

1 Introduction

1.1 The East Northamptonshire Standards Committee (known as the 'East Northamptonshire Standards Board') was established by the Local Government Act 2000, to promote and maintain high standards of conduct by District Councillors and members of the Town and Parish Councils in East Northamptonshire.

2 Membership

2.1 Committee membership this year was as follows:-

East Northamptonshire Councillors Glenvil Greenwood-Smith Barbara Jenney Brian Northall Roger Powell (from May 2009)

Parish Council Representatives John Denning (to October 2009) Sue North Arthur Whittaker (from November 2009)

Town Council Representatives Gwen Radcliffe (to April 2009) Prudence Goss Don Campbell (from July 2009)

Independent Members Graham Blagden (Chairman) Hilary Daniels Lance Quantrill Canon Roger Knight (resigned July 2009 - replacement to be appointed January 2010)

2.2 The Board would like to express its gratitude to Gwen Radcliffe and John Denning for their service to the Board since its inception some eight years ago. Gwen Radcliffe passed on a wealth of knowledge of rural issues to the Board throughout the period of her membership which contributed greatly to its decision-making. John Denning was always a fount of wisdom and common sense. Both were formally thanked for their service by the Chairman of the Council. Canon Roger Knight also resigned his membership of the Board in July 2009.

2.3 2009 also saw the retirement of the Council's Monitoring Officer, Barbara Ding, who had served the Board so well from its fledgling first steps to its present established position. The Board passed on its grateful thanks for her wonderful work and wished her well in her retirement. We welcome Sharn Matthews in her stead.

Standards Board – 3 February 2010 Page 488

3 Meetings

3.1 The Board met on four occasions during the year for scheduled meetings. An additional meeting took place concentrating on training of Board members.

3.2 Last year, in order to ensure a transparent process for handling any complaints we receive, the Board established three sub-committees: Assessment, Review and Hearing, each of which would handle a different aspect of a complaint, with each sub- committee having a different membership. In order to achieve maximum flexibility each sub-committee consists of at least one Independent Member, an East Northamptonshire Councillor, and a Town or Parish Councillor; a total of three members. The sub-committees do not have fixed membership and the Council's Monitoring Officer selects the membership of each committee, to ensure there is a separation of roles and that the legal requirements are met. Each sub-committee must have an independent Chairman. One Assessment Sub-Committee meeting was held this year (see 6.1).

4 Local Government Ombudsman's Investigations 2008/09

4.1 The Board received a report summarising the Local Government Ombudsman's investigations into complaints against the Council during 2008/09. The Board was pleased to note that not only were there no findings of maladministration against the Council during the year but the number of complaints had reduced considerably from that of previous years. It was encouraging to note that the Council's actions to improve services were having a significant effect.

5 Standards for England

5.1 The Council's Monitoring Officer has continued to submit the requisite on-line returns to the Standards Board for England (SBE) as a quarterly reporting process of our actions. The SBE became known as Standards for England from 1 July. The first annual return was submitted to Standards for England highlighting the good practice carried out by the Council and identifying certain issues for Standards for England to consider, such as promoting awareness of the Code of Conduct among political parties for inclusion in their recruitment process.

5.2 Councillor Glenvil Greenwood-Smith, Ms Hilary Daniels, Mr Lance Quantrill and the Monitoring Officer attended the Standards for England Annual Assembly in Birmingham on 12/13 October. After debating members' views of the Assembly agenda the Board decided to consider a proactive programme of visits to Town and Parish Councils by the Independent Members to promote the work of the Board. This would complement the Awareness Training on the Code of Conduct delivered by the Monitoring Officer for Councillors across the District at a range of locations.

6 Investigations into Complaints

6.1 As has been noted above, in 2009 the Standards Board received only one complaint. This related to a possible breach of the Code of Conduct by 18 Town Councillors in relation to a decision made by a Town Council on a lettings policy. The sub- committee decided to ask the Monitoring Officer to take alternative action on this occasion. (This means that no findings of fact were made in relation to whether the Code was breached or not). The ‘other action’ took the form of a meeting by the

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Monitoring Officer and Deputy Monitoring Officer with key Members of the Town Council concerned with discussions around declarations of interest and corporate governance. The Board is pleased to record the positive response of the Town Council and their desire to revise their approach to ensure transparency and high standards in their activities. A training session for members of the Town Council on the Code of Conduct has also been undertaken.

6.2 We now have no open cases on our quarterly return to Standards for England.

7 Other Matters

7.1 The Board considered a formal request for dispensations from two Oundle Town Councillors in respect of their status as Trustees of the Queen Victoria Hall charity. The Board determined to grant the dispensations in the best interests of the management of the Trust and to accord with precedent.

7.2 The Board made contributions to the preparation of the Council's Local Code of Governance and commented in detail on the draft of the Council's statutory Annual Governance Statement.

7.3 The Board attended a training session dealing with the latest guidelines on dealing with the Code of Conduct from Standards for England. New members, and those who had missed this earlier meeting, were brought up to date later in the year. At each meeting the Board discusses relevant national cases and considers how they could be dealt with if they had occurred within our own District.

7.4 The Board wishes to acknowledge and thank Sharn Matthews, the Monitoring Officer, who joined us midway through the year, for her valuable work; Keith Osborne, Deputy Monitoring Officer, for his advice and help; and Rachel Reeds for her constructive support.

8 Future Work of the Board.

8.1 The introduction of local arrangements for handling complaints has not brought any workload problems this year and the Board is satisfied that its earlier restructuring has coped with demands. However the Government is still reviewing the Councillors' Code of Conduct and we are still awaiting the introduction of a similar code for Council employees, which will bring further training needs. The Board needs to be fully prepared for changed or new responsibilities and will need to continually review not only its own training needs but those of all District, Town and Parish Councillors in East Northamptonshire.

8.2 The Board is aware that the Government's focus on community engagement being facilitated by the Local Democracy, Economic Development and Construction Bill will impact on the Council's Constitution, including a new duty to promote understanding of the Council's democratic arrangements. The Board will wish to be part of this process, both to ensure full public awareness of the complaints procedure but also to enable all Councillors to cope with their increased responsibilities.

8.3 Although the Board still awaits Government promised changes to the Members' Code of Conduct it recognises that a General Election could bring other changes for our consideration. Meanwhile we will continue to take a proactive approach to training for Councillors, particularly Town and Parish Councillors and their Clerks, and

Standards Board – 3 February 2010 Page 490

continue to promote good standards of conduct across the district. We hope that the Board's present full membership will be maintained during 2010 furnishing us with the experience to continue to make a positive contribution to the effective governance of the Council and the promotion of high standards of Councillor conduct throughout East Northamptonshire.

Graham Blagden Chairman

On behalf of the East Northamptonshire Standards Board

February 2010

Standards Board – 3 February 2010 Page 491

PLANNING POLICY COMMITTEE

Date: 11 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - John Richardson MBE (Vice Chairman) In the Chair Andy Mercer (Leader of the Council)

David Bateman Dudley Hughes JP Tony Boto Eloise Lucille Lisa Costello Phillip Stearn Michael Finch Robin Underwood Roger Glithero JP Pam Whiting

PART A ITEMS

346. MINUTES

The minutes of the meeting held on 29 October 2009 were approved and signed by the Chairman.

347. APOLOGIES FOR ABSENCE

Councillors David Brackenbury (Chairman), Sean Lever and Steven North sent their apologies.

348. DECLARATIONS OF INTEREST

No interests were declared.

349. QUESTIONS FROM MEMBERS UNDER COUNCIL PROCEDURE RULE 10.3

In the absence of the Chairman, Councillor Boto asked the Vice Chairman, Councillor Richardson, the following question under Council Procedure Rule 10.3: -

“As Members of the Committee may be aware, Raunds already has a high number of takeaway food outlets in relation to its size. As retail units become available more and more planning applications appear for new take-away facilities. Residents become increasingly alarmed as one application after another seems to hit our planning department for “yet another take-away” in the town.

Takeaways can provide a valuable service to communities but they also have downsides in terms of late night noise nuisance and can attract those wishing to engage in anti social behaviour (frequently from outside of the town). They also, unfortunately, add to littering problems and exclude the potential for more varied retail uses.

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It is my understanding that Local Authorities are able to define the numbers of such outlets by area which can be permitted before “saturation” is reached but I am unaware of the existence of any such policy within the District of East Northamptonshire. Am I correct in my assumption?

If so, is it not time for the Council to adopt a saturation policy with regard to takeaways for the District? With an effective policy in place our planning department would have the option to refuse applications in areas where the present density of takeaway outlets is already high.”

The Vice Chairman replied to Councillor Boto’s question as follows:

“The newly published planning Policy Statement 4 sets out the Government’s policy for town centres and main towns centre uses. In particular, PPS 4 highlights that when preparing development plans, Local Planning Authorities should identify what they regard as primary shopping areas.

Local Planning Authorities should also identify an appropriate town centre boundary within which the development plan should seek to locate other town centre uses, and it may be appropriate to define other areas within the town centres but outside the primary shopping frontage where specific uses are encouraged.

PPS 4 suggests that to ensure that town centre uses are able to benefit from the centre’s accessibility, that town centre boundaries are not drawn too widely.

As part of the emerging Four Towns Plan the Council will be in a position to define town centre boundaries and a paper is to be considered at future working party meetings in this regard. Whilst in the past as part of Local Plans some authorities sought to restrict the number of takeaway and restaurant uses within the defined shopping frontages (on the basis of a maximum proportion of non A1 retail units) these polices were often challenged successfully at appeal.

As part of the new Local Development Framework system a policy based simply on the proportion of takeaways that would be allowed within any defined shopping area or frontage would not meet the tests of ‘’soundness’’. What members may wish to consider though as part of the emerging plan is a new criteria based policy that looks at the viability and vitality of shopping centres and how this may be affected by the introduction of other uses.

Any new policy would have to be put in place as part of the production of a Development Plan and cannot be introduced without going through this process.”

350. MINUTES OF WORKING PARTY MEETINGS

The minutes of the Joint Working Party held on 10 December 2009 and Raunds Area Working Party held on 21 January 2010 were received and are attached to these minutes.

RESOLVED:

(1) That all reference to Raunds Town Council under Minute 3.6 of the Raunds Area Working Party be deleted.

(2) That the following recommendation under Minute 4.7 of the Joint Working Party be approved: -

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That work on producing the Four Towns Plan start immediately and that progress be made on the following areas:

(a) Moving to preferred options status on the Four Towns Plan by progressing Housing and Employment land site allocations using, as far as possible, in house resources;

(b) Report back to the next meeting of the Planning Policy Committee on: • additional capacity requirements to over come blockages to further progress with the in-house team • list of essential and optional policies • progress on alternative funding; and

(c) A future joint meeting of the Three Towns and Raunds Area Working Parties be held to consider the policies previously considered in the respective Preferred Options documents.

351. RURAL NORTH, OUNDLE AND THRAPSTON (RNOT) PLAN – PROPOSED MODIFICATIONS

Further to Minute 203 (29 October 2009), Members considered the modifications required to the RNOT Plan and a draft letter to the Secretary of State requesting a meeting to discuss the modifications.

The modifications document set out the reasons for the request to modify Policy OUN1 and the village boundaries, which included further consultation on boundary issues with relevant Parish Councils. Members noted that changes to village boundaries had been made following discussions with Ward Members.

It was suggested and agreed that the fourth and fifth paragraphs on page 7 of the modifications document be amended to ensure that a more positive statement was made about the decisions taken at the Planning Policy Committee meeting on 9 February 2009. It was also agreed that these changes be mentioned in the covering letter.

RESOLVED:

That the modifications document, subject to the amendments suggested by Members being included, be approved for submission to the Secretary of State, and that the covering letter be approved by Councillors Andy Mercer, David Brackenbury and John Richardson before it is sent to the Secretary of State.

352. LOCAL DEVELOPMENT SCHEME UPDATE

The Committee considered a draft revision to the Council's Local Development Scheme (LDS) and timetable following the decision at the last meeting (29 October 2009) to commence work on the preparation of a Four Towns Plan.

The Head of Planning Services emphasised that the timetable of work for the Development Plan Documents detailed under Annex 3 would be undertaken subject to available resources.

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Members considered that further work on preparing an LDS timetable for a possible review of the RNOT Plan should be held in abeyance until the requested meeting with the Secretary of State had taken place to discuss the Council’s position on the Plan.

RESOLVED:

(1) That the revisions to the Local Development Scheme (LDS) timetable for the preparation of the Four Towns Plan (February 2010 – April 2013), set out in paragraph 3.2 of the report and Annex 3, be agreed, subject to the deletion of the suggested adoption data for the RNOT Plan under Annex 3.

(2) That a letter be sent to the Government Office (GOEM) (on behalf of the Secretary of State), setting out revisions to the LDS Project Plan and timetable seeking agreement to bring this timetable into effect; that the letter specifies that any adoption timetable for the RNOT Plan has to be dependent upon the outcome of the discussions with the Secretary of State; and that the letter be approved by Councillors David Brackenbury and John Richardson before it is sent to GOEM.

353. UPDATE ON NORTH NORTHAMPTONSHIRE SUPPLEMENTARY PLANNING DOCUMENT ON DEVELOPER CONTRIBUTIONS

Members received a progress report on the development of a Joint North Northamptonshire Supplementary Planning Document (SPD) for developer contributions, which included reference to the proposed introduction of the Community Infrastructure Levy (CIL).

Owing to the Joint Planning Unit consultation deadline, it was suggested that a small group of Members be appointed to consider the Document in detail and report back to the next meeting of the Planning Policy Committee on 15 April. It was mentioned that the Document was also being considered by the Joint Planning Committee at its meeting on 4 March and it was agreed that it be sent to Members on the group once it had been received.

RESOLVED:

(1) That the Developer Contributions Supplementary Planning Document be considered by a small Member working group comprising Councillors Brackenbury, Glithero, Lucille, Richardson and Underwood, and that the group reports back to the next Planning Policy Committee meeting on 15 April, with recommendations.

(2) That the draft paper on Developer Contributions being considered at the next Joint Planning Committee meeting on 4 March be circulated to members of the group for consideration when it is received.

354. UPDATE ON NORTH NORTHAMPTONSHIRE JOINT CORE STRATEGY REVIEW

The Committee received an update on the review of the Joint Core Spatial Strategy being undertaken by the Joint North Northamptonshire Planning Unit, and on the Stakeholder Workshops held in September 2009 and the Rural and Market Towns Workshop held in January 2010.

It was reported that the Manager of the Joint Planning Unit, Andrew Longley, had offered to give a presentation on the work being undertaken by the Unit on the Strategy Review and it

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was agreed that he be invited to give a presentation to the Planning Policy Committee, with all Members of the Council invited, before its next meeting in April at a date to be arranged.

Members noted the report and it was

RESOLVED:

That Andrew Longley be invited to give a presentation to the Planning Policy Committee, at a date to be arranged, and that all Members of the Council be invited.

(Note: The above meeting will qualify for travel allowance under the Council’s Members Allowance Scheme)

Chairman

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EAST NORTHAMPTONSHIRE COUNCIL

Joint Meeting of the Three Towns and Raunds Area Working Parties

Minutes of a meeting held on 10 December 2009 at 7.30 pm, Members’ Room, East Northamptonshire House, Thrapston

Present: Councillors: Tony Boto Dudley Hughes JP David Brackenbury (Chairman) Andy Mercer Albert Campbell Pam Whiting Glenvil Greenwood Smith

Officers: Sharn Matthews (SM) Executive Director and Monitoring Officer Trevor Watson (TGW) Head of Planning Services Elizabeth Wilson (EW) Interim Planning Policy and Conservation Manager Michael Burton (MB) Senior Planning Policy Officer Peter Cooper (PC) Democratic Services (Minutes)

Action 1.0 APPOINTMENT OF CHAIRMAN

1.1 RESOLVED: PC

That Councillor David Brackenbury be appointed Chairman for this meeting.

2.0 APOLOGIES FOR ABSENCE

2.1 Councillors Sean Lever, Eloise Lucille, Steven North and Robin Underwood sent their apologies.

3.0 DECLARATIONS OF INTEREST

3.1 No interests were declared.

4.0 FOUR TOWNS PLAN - DEVELOPMENT PLAN DOCUMENT

4.1 Further to Minute 203 (Planning Policy Committee 29 October 2009), a report was submitted on a programme of work and the costs of preparing a Four Towns Plan (FTP) Development Plan Document (DPD) for the southern area of the District covering the towns of Rushden, Higham Ferrers, Irthlingborough, Raunds and the surrounding rural area.

4.2 Members considered the: • timetable for the production of the Plan • policy areas to be included in the Plan

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Action • policy issues requiring further consideration • consultation process.

4.3 A report would be submitted to the Policy and Resources Committee in due course to consider funding for the Plan, which had been estimated at £355,000, plus an additional £125,000 for the Public Examination Hearing in 2011/12.

4.4 The Working Party discussed the report and issues outlined in the submitted appendices, which included the following matters:

• bearing in mind the anticipated cut in funding from the Government over the next few years, it was considered that as much work as possible on the Plan should be undertaken by Planning Policy staff in house and that consultants should only be employed where specific technical expertise was required • flexibility on gathering evidence for the new Plan document was required to overcome any potential ‘blockages’ and officers should only undertake essential work that could be achieved using in house resources • work had already started on gathering evidence for the new Plan document and priority should be given to work on an updated Preferred Options document • work should start immediately on refreshing/further developing the preferred options for housing and employment sites which could be undertaken using in house resources • Raunds Members had considered that the existing Preferred Options document for Raunds, produced in 2007, had not reflected the wishes of people living in Raunds, especially the proposed housing sites • investigate the possibility of obtaining external funding and partnership working to produce specialist studies including: the Strategic Flood Risk Assessment; Surface Water Drainage Study and Transport Assessment • a bid had been made for external funding to DEFRA towards the cost of producing a Surface Water Management Plan • the Head of Planning Services stated it was important that the Council should give developers an indication of working towards preferred sites for housing and employment use, especially if it wished to have evidence to challenge any future planning applications, particularly for housing on ‘un preferred sites’ • agreed with the point made by the Interim Planning Policy and Conservation Manager that consideration should be given to the number of proposed policies and whether they should be reduced and/or combined. This could reduce the level of evidence base required to support them and the potential costs of producing the Plan.

4.5 Councillor Andy Mercer mentioned that he would be seeking approval at the next Council meeting on 11 January to expand the membership of the Three Towns Plan Working Party, which would include Members who were currently not on the Planning Policy Committee.

4.6 It was agreed that: PC (a) meetings of the Three Towns and Raunds Working Parties should be held in January and that PC would set dates for these meetings in liaison with Members; and

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Action (b) further joint meetings of both working parties should be held to coordinate the issues discussed by the two Working Parties as necessary.

Resolved to Recommend: EW

4.7 That work on producing the Four Towns Plan start immediately and that progress be made on the following areas:

(a) Moving to preferred options status on the Four Towns Plan by progressing Housing and Employment land site allocations using, as far as possible, in house resources; (b) Report back to the next meeting of the Planning Policy Committee on: • additional capacity requirements to over come blockages to further progress with the in-house team • list of essential and optional policies • progress on alternative funding; and (c) A future joint meeting of the Three Towns and Raunds Area Working Parties be held to consider the policies previously considered in the respective Preferred Options documents.

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Raunds Area Working Party

Minutes of a meeting held on 21 January 2010 at 7.30 pm, Members’ Room, East Northamptonshire House, Thrapston

Present: Councillors: Tony Boto (Chairman) Glenvil Greenwood Smith David Brackenbury Dudley Hughes JP Michael Finch Eloise Lucille

Officers: Trevor Watson (TGW) Head of Planning Services Elizabeth Wilson (EW) Interim Planning Policy and Conservation Manager Michael Burton (MB) Senior Planning Policy Officer Peter Cooper (PC) Democratic Services (Minutes)

Action 1.0 APPOINTMENT OF CHAIRMAN

1.1 RESOLVED: PC

That Councillor Boto be appointed Chairman of the Working Party for 2009/10.

2.0 DECLARATIONS OF INTEREST

2.1 No interests were declared.

3.0 FOUR TOWNS DEVELOPMENT PLAN DOCUMENT - RAUNDS ISSUES

3.1 Further to Minute 4 (Joint Working Party) 10 December 2009, Members received a report on planning policies to be considered for the Raunds area as part of the Four Towns Development Plan Document (DPD).

3.2 Members considered some proposed policy areas specific to the Raunds area for discussion at future meetings of this Working Party and, subject to the surrounding villages being included in polices covering settlement boundaries and retail frontages, it was agreed that the following issues be considered by EW the Working Party: • local distinctiveness for Raunds • vision for the long term strategy of a “successful” Raunds • settlement boundaries and consideration of detailed boundaries for Raunds and surrounding villages • site assessments for housing and employment requirements • housing density and mix for Raunds – design considerations • specific affordable housing/rural exception policies in Raunds and surrounding villages – up to date housing needs and viability data required • town centre and retail frontage specific boundaries for Raunds and surrounding villages • specific development principles for Raunds and surrounding villages • linkages from new developments to town centre facilities.

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Action 3.3 Members noted the policy issues covering the four towns to be discussed at future meetings of the Joint Working Party and that consideration would be given to a wind farm policy as part of the Four Towns Plan. Emerging specific wind farm proposals near Ringstead were also noted.

3.4 A meeting had been held with Raunds Town Council on 17 December 2009 to discuss housing and employment site allocations for Raunds as part of the Four Towns Plan DPD. Councillor Boto submitted a report outlining what had been discussed at the meeting and this was noted.

3.5 The policy on affordable housing targets was discussed and TGW stated that the 40% target had been specified by the Government as guidance for developers. However, this target allowed some flexibility, especially when considering housing mix for new developments in towns. Members were concerned that this target would not be viable in villages where a 40% target could be regarded as unrealistic. EW mentioned that the Council’s Housing Need Survey and other housing viability data may need updating and could then be used as an evidence base for determining housing policy requirements in the Four Towns Plan.

3.6 A plan showing possible sites for housing in Raunds was discussed by the Working Party including: • Area A (Land off Brooks Road/Northdale End) – a planning application had been submitted for 310 dwellings for this site (this site did not represent the Working Party’s preferred approach to development) • Area B (Land off Station Road) - including proposals for a new doctors’ surgery • Area 4 (Darsdale Farm) – proposals for 460 dwellings were planned for this site.

TGW mentioned that Areas A and 4 still had flooding and highways issues to be resolved by the applicants. Particular concerns regarding existing culverts (particularly Hog Dyke) through Raunds were discussed and noted. It was agreed that the Strategic Flood Risk Assessment would need updating and a EW Surface Water Management Plan was required. Members were reminded that a bid had been made for external funding to DEFRA towards the cost of producing a Surface Water Management Plan.

3.7 The Working Party considered other areas for housing and employment on the plan and noted that approximately 880 dwellings remained to be built at Raunds up to 2021 as specified under the Core Spatial Strategy (CSS).

3.8 Members noted that the planning appeal for 135 dwellings on land off Meadow Lane, Raunds, had been dismissed by the Appeal Inspector solely on the grounds of potential noise nuisance from the adjoining industrial area (Warth Park) to the north of the appeal site.

3.9 Raunds had been allocated for a Sustainable Urban Extension (SUE) under Policy 9 of the CSS and Members considered that two smaller SUEs would be more beneficial for the town and that Areas 1, 2B and 4 (on the map) would be preferred. It appeared that CSS Policy 9 allowed some flexibility over this matter and it was agreed that the feasibility of this option be discussed with EW officers from the North Northamptonshire Joint Planning Unit and that a report be made to the next meeting.

3.10 Because there was not enough time left to give the matter proper

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Action consideration, it was agreed that the submitted draft town centre boundary EW criteria and map for Raunds would be considered at a future Working Party.

4.0 Date Of Next Meeting

4.1 It was agreed that the next meeting of this Working Party would be held on PC Tuesday 23 February starting at 7.00pm in the Members’ Room.

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DEVELOPMENT CONTROL COMMITTEE

Date: 17 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - Pauline Bradberry (Chairman) Gill Mercer (Vice Chairman) Andy Mercer (Leader of the Council)

Albert Campbell John Richardson MBE Lisa Costello Anna Sauntson Roger Glithero JP Phillip Stearn Glenn Harwood MBE Robin Underwood Sylvia Hughes Pam Whiting Brian Northall Clive Wood Ron Pinnock

PART A ITEMS

355. MINUTES

The minutes of the meeting held on 27 January 2010 were approved and signed by the Chairman.

356. APOLOGIES FOR ABSENCE

No apologies were received.

357. DECLARATIONS OF INTEREST AND INFORMAL SITE VISITS

(a) Interests

Members declared personal interests in the applications below as indicated. They remained in the meeting and took part in the discussion and voting when the respective application was considered.

Member Application Nature of Interest

Roger Glithero EN/09/01014/FUL Knows the public speaker on the application.

Pauline Bradberry EN/09/013812/FUL Knows the public speaker on the application.

(b) Informal Site Visits

No informal site visits were declared.

Development Control Committee – 17 February 2010 Page 503

358. PUBLIC SPEAKERS

The following people spoke on the applications as indicated: -

(i) Mr J Harrison and Mr T Pateman on application EN/09/01014/FUL - 17 Chancery Lane, Thrapston.

(ii) Mrs J Dawe and Mr A Middleditch on application EN/09/01411/FUL - Land south of The Hollies, Peg Lane, Denford.

(iii) Mr B Nightingale and Mr A Stevenson on application EN/09/01795/FUL – Land between 58 to 68 Wellingborough Road, Irthlingborough.

(iv) Mr C Fletcher on application EN/09/01812/FUL – 52 Stamford Road, Easton on the Hill.

359. PLANNING APPLICATIONS

(a) Applications Granted

(i) EN/09/01411/FUL – Land South of The Hollies, Pegs Lane, Denford (see page 508)

Drainage issues, including the neighbour’s private drain running through the site were discussed and it was

Granted with the conditions as reported.

(ii) EN/09/01795/FUL – Land Between 58 to 68 Wellingborough Road, Irthlingborough (See Page 511)

The following concerns with this application were discussed: • The principle of development and whether there would be too many affordable houses in Irthlingborough if this development proceeded • An old underground tunnel previously used for mining iron ore ran under the site • The proximity of existing overhead power cables to proposed dwellings which crossed the site.

Members were assured that these issues would not affect the viability of the development because: extra affordable housing was required in Irthlingborough; no dwellings would be built above the tunnel; and dwellings were safely positioned the required distance away from any overhead cables

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It was noted that there would be a £2million grant from the Government towards this scheme for affordable housing if it proceeded and it was

Granted with the conditions as reported, subject to the completion of a Section 106 Agreement for contributions towards education, affordable housing and public open space; an amendment to Condition 10 regarding a Travel Plan; and an extra condition regarding noise mitigation measures.

(iii) EN/09/01812/FUL – 52 Stamford Road, Easton on the Hill (see page 515)

The suitability of the property for the proposed development was discussed, including: structural soundness of the existing barn and its suitability as a dwelling; vehicle access onto the site from The Nook; and possible affect on nearby dwellings and it was

Granted with the conditions as reported.

EN/09/01014/FUL – 17 Chancery Lane, Thrapston (see page 507)

It was reported that an appeal for non-determination had been received and that the Council could not determine the application. However, the Committee was requested to indicate what its decision would have been if the appeal had not been received, and if Members agreed with the Officers recommendation and were minded to refuse the application, the reasons for refusal be determined.

The following issues were considered by the Committee before making a decision: • The appeal against non-determination submitted by the applicant • Potential flooding at the site • The possible archaeological importance of the site • The cramped nature of the proposed development – five dwellings were considered to be too many for the site and would have an overbearing appearance on existing properties in Chancery Lane • The access to the site, particularly for refuse vehicles, and lack of turning space for cars within the site.

Had they been able to determine the application, the Committee would have Refused it with the five reasons included within the submitted report.

EN/09/00935/FUL – 10 Hautboy Lane, Warmington (See page 507)

It was noted that Environmental Health Officers were satisfied that the information submitted by the applicant regarding the potential noise nuisance issue had been satisfactorily resolved and that this reason for refusal could be removed. However, Members still had some concerns that the proposal could have an unacceptable overbearing and dominating impact on the streetscene and it was agreed that a site visit be undertaken to evaluate the location of the existing property in relation to the other dwellings in Hautboy Lane.

Deferred for a formal site visit at 9.30am on Tuesday 23 February.

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RESOLVED:

That the above planning applications be dealt with as indicated in the Appendix to these minutes at pages 507 to 517 .

360. APPEAL DECISION MONITORING REPORT

Members noted the report submitted by the Head of Planning Services monitoring the Council’s planning appeal decisions from 4 to 22 January 2010.

Chairman

Development Control Committee – 17 February 2010 Page 506

List of Applications Determined by DEVELOPMENT CONTROL COMMITTEE - 17 February 2010

EN/09/00935/FUL

Date received Date valid Overall Expiry Ward 17 June 2009 17 June 2009 12 August 2009 Lower Nene

Applicant Mr J Bell - Bells Butchers

Agent W R Griffin Associates

Location 10 Hautboy Lane, Warmington. Proposal Change of shop front, first floor and single storey rear extension to private living accommodation (Re-submission of EN/08/02146/FUL).

Decision Application Deferred for a formal site visit on Tuesday 23 February at 9.30am.

EN/09/01014/FUL

Date received Date valid Overall Expiry Ward 29 June 2009 22 September 2009 17 November 2009 Thrapston Lakes

Applicant Mr D McAuley

Agent Toby Pateman Architects

Location 17 Chancery Lane, Thrapston. Proposal Five unit residential development within curtilage of 17 and 19.

Decision Had they been able to determine the application, the Committee would have Refused it with the five reasons included within the submitted report. Reasons:

1. The development would have a layout that is unacceptably cramped; the dwellings and their associated parking areas would be closely positioned together and the dwellings would have limited surrounding garden spaces. The proposed development would result in an unsatisfactory relationship within the site and with the existing residential properties along Chancery Lane (in particular Nos.17 and 19 Chancery Lane) due to difference in levels, the proposed means of access and congested parking and access layout. Overall, the proposal would result in an unsatisfactory and contrived form of development. For these reasons, the development is contrary to Policy 13 of the North Northamptonshire Core Spatial Strategy, Policy 2 of the Rural North, Oundle and Thrapston Plan (Emerging Policy); Design SPD 2009, and guidance contained in PPS1: Sustainable Development and PPS3: Housing .

2. In addition, the proposed dwellings, by reasons of their mass, building form, design and detailing are visually unsatisfactory and are considered out of keeping with the character and style of surrounding development. The development would poorly relate with the context of the site and the surrounding area and would fail to respect and enhance the character of its surroundings. For these reasons, the development is contrary to Policy 13 of the North Northamptonshire Core Spatial Strategy, Policy 2 of the Rural North, Oundle and Thrapston Plan (Emerging Policy);

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Design SPD 2009, and guidance contained in PPS1: Sustainable Development and PPS3: Housing.

3. The proposed means of access is considered contrived and would create an unsatisfactory relationship with the existing properties, Nos. 17 and 19 Chancery Lane, due to the movement of vehicles entering and leaving the site and the potential conflict with the parking areas proposed at the front of the existing properties. If allowed, the development would compromise the residential amenities of the present occupiers and would also be detrimental to the residential amenities of the future occupiers of these properties. The development, therefore, is considered contrary to Policy 13 of the North Northamptonshire Core Spatial Strategy.

4. PPS25 aims to steer development to areas at the lowest probability of flooding (Zone 1). Residential development is defined as a “more vulnerable” use, and part of the site is located within Flood Zone 2. The applicant however has failed to demonstrate that there are no other reasonably available sites that could be considered as being appropriate and suitable for the development proposed. They have provided no evidence to enable the Local Planning Authority to carryout the required Sequential Test.

5. The site is found to be a potentially significant site where archaeological remains are likely to be present and the applicant has failed to assess the archaeological significance of the site and give the required level of consideration to archaeology as required by PPG16: Archaeology and Planning. As such, the proposal is contrary to the advice contained within PPG16.

EN/09/01411/FUL

Date received Date valid Overall Expiry Ward 4 September 2009 7 September 2009 2 November 2009 Thrapston Market

Applicant The Higham Family

Agent Henry H Bletsoe & Son

Location Land South Of The Hollies, Pegs Lane, Denford. Proposal Erection of two houses.

Decision Application Granted

Conditions/Reasons:

2. Prior to commencement of the development hereby permitted, full details and samples of the external facing and roofing materials of the buildings shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a satisfactory elevation for the development.

3. Notwithstanding the submitted details, and before commencement of the development hereby approved, full details of the works proposed to the front boundary wall to Pegs Lane shall be submitted to and be approved in writing by the Local Planning Authority. This shall include details of the design, construction details and full details and samples of materials to be used in the development. The development shall thereafter be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority.

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Reason: To ensure a satisfactory elevation for the development and in the interest of the character and appearance of the area.

4. The boundary screening details shown on drawing numbers: 663-5 Revision 1and 663-6 Revision 1 shall be provided prior to the first occupation of the dwellings hereby permitted and shall thereafter be retained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

5. A scheme securing the provision of off-road parking for the principle dwelling (The Hollies) shall be submitted to and be agreed in writing by the Local Planning Authority and this scheme shall be implemented in accordance with the details so approved prior to any work commencing on this planning permission and be thereafter retained. Reason: In the interest of highway safety and residential amenity.

6. In accordance with the details shown on drawing number: 663-1 Revision1, the vehicular access hereby permitted shall be laid to a width of 4.5 metres for the first 10.0 metres back from the highway boundary and pedestrian visibility splays of 2.0m x 2.0m shall be provided on both sides of the vehicular access. The areas of land between the required sight lines and the highway carriageway shall be cleared, levelled and retained at a height not exceeding 0.6 metres above the carriageway and driveway levels. Reason: In the interest of highway safety.

7. The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 5.0 metres back from the correct level at the highway boundary. Prior to the first occupation of the development hereby permitted this area shall be paved with a hard bound surface for a minimum of 5.0 metres back from the highway boundary and be thereafter retained. Reason: In the interest of highway safety.

8. Notwithstanding the provisions of the Town and County Planning (General Permitted Development) Order 1995 (or any Order amending or re-enacting that Order with or without modification), any gates or other form of barrier provided at the access point shall be positioned 5.0 metres back from the highway boundary and shall be hung to open inwards only. Reason: In the interest of highway safety.

9. Notwithstanding the submitted details and prior to commencement of the development hereby permitted, an Arboricultural Method Statement shall be submitted to and be approved in writing by the Local Planning Authority. This statement shall be in accordance with BS5837: 2005 and the development shall thereafter be carried out in accordance with these details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of trees on site.

10. Notwithstanding the submitted details and prior to commencement of the development hereby permitted, details of no dig method construction for the driveway portion that runs south of the Monkey Puzzle located in the neighbouring garden of the Hollies to the north of the site, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of trees on the neighbouring site.

11. All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damage or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority. . Reason: To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area.

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12. Before any work is commenced on the development the subject of this permission, details of the provision of foul water and surface water drainage installations to serve the development shall have been submitted to and be approved by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details before the development is brought into use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard public health, in the interest of residential amenity and in the interest of highway safety.

13. Prior to the occupation of the dwelling hereby permitted, a copy of the Final Certificate (or any replacement for this) shall be provided to the Local Planning Authority to demonstrate that the units have been constructed to achieve a minimum under the Code for Sustainable Home of Code Level 1, the relevant BREEM and Code for Sustainable Home Level, and any replacement standards, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy.

14. Prior to the first occupation of House 1, the first floor stairway window in the south elevation of House 1 shall be provided with obscure glazing in such a manner that would eliminate any overlooking of the adjacent premises, and this obscure glazing shall be retained permanently. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

15. Prior to the first occupation of House 2, the first floor bedroom window (Bedroom 1), and two first floor en-suite windows located on the north side elevation shall be provided with obscure glazing in such a manner that would eliminate any overlooking of the adjacent premises, and this obscure glazing shall be retained permanently. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order), no windows, other than that shown on the plans hereby approved, shall be inserted at the first floor level in the south facing elevation of House 1 hereby permitted. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order), no windows, other than that shown on the plans hereby approved, shall be inserted in the north facing elevation of House 1 hereby permitted. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

18. Prior to commencement of development hereby permitted, a refuse and recycling collection strategy to include details of the location and design of an external bin store for the dwellings hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The refuse and recycling collection shall accord with the agreed details and thereafter be retained in perpetuity unless otherwise agreed in writing. Reason: To ensure a satisfactory standard of development and form of refuse collection.

19. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification), there shall be no development within Classes A, B, C, D, E, F or G of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority. Reason: To protect the amenity of adjacent occupiers and to ensure a satisfactory elevational appearance for the development.

20. The development shall be carried out strictly in accordance with the amended details received by the Local Planning Authority on 20th November 2009, drawing numbers: 663-1 Revision 1, 663-2

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Revision 1, 663-3 Revision 1, 663-4 Revision 1, 663-5 Revision 1, 663-6 Revision 1. Reason: To ensure a satisfactory form of development and to clarify the terms of this consent.

EN/09/01795/FUL

Date received Date valid Overall Expiry Ward 9 November 2009 3 December 2009 4 March 2010 Irthlingborough John Pyel

Applicant Mulberry Partnerships Ltd

Agent RDC Ltd - Mr A Stevenson

Location Land Between, 58 - 68 Wellingborough Road, Irthlingborough. Proposal Erection of forty nine dwellings with associated roads, infrastructure and public open space.

Decision Granted with the conditions as reported, subject to the completion of a Section 106 Agreement for contributions towards education, affordable housing and public open space; an amendment to Condition 10 regarding a Travel Plan; and an extra condition regarding noise mitigation measures.

Conditions/Reasons:

2. Notwithstanding the submitted information prior to the commencement of development details of existing levels of the site in relation to adjoining land levels and proposed levels including finished floor levels shall be submitted to and agreed with the Local Planning Authority in writing. Development shall be carried out in accordance with these approved details. Reason: In the interest of amenity, as the site is to be re-graded and the submitted information suggests that the proposed level contours are indicative.

3. Prior to the commencement of development details of all external materials shall be submitted to and approved by the Local Planning Authority in writing. In addition, sample panels of brickwork shall be constructed on site prior to the commencement of development. Development shall be carried out in accordance with the approved details. Reason: In the interest of amenity

4. Prior to the commencement of the development hereby permitted, details of the location, height, design and materials of all boundary treatments shall be submitted to and approved in writing by the Local Planning Authority and all such works shall be erected concurrently with the erection of the dwelling(s). Such approved details shall be erected and retained in perpetuity thereafter. Reason: To ensure that the appearance of the development is satisfactory and that it contributes to the visual character and amenity of the area, and to ensure that the private areas of the development are afforded an acceptable measure of privacy.

5. No development shall take place until a comprehensive landscaping scheme for the site has been submitted to and approved by the local planning authority. The scheme shall include an implementation schedule. The scheme shall also include the use of native, local provenance species in particular those which provide autumn/winter food sources for birds and habitats for invertebrates. In addition replacement habitats for invertebrates should be integrated into the landscaping scheme, including

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partially buried log piles (utilising suitable resulting timber from site clearance works) and sand posts. In addition a landscaping management plan including provision for the maintenance of habitats in a favourable condition for biodiversity should be submitted and approved by the authority prior to commencement of the development. Any trees or plants which within a period of five years of planting die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local planning authority. Reason: To ensure a reasonable standard of development and visual amenity for the area and to take account of Section 197 of the Town and Country Planning Act 1990.

6. Prior to the commencement of development a scheme for lighting the private parking areas, footpaths and areas of public open space shall be submitted to and approved by the Local Planning Authority in writing and development shall be carried out in accordance with these approved details. Reason: In the interest of amenity and crime prevention.

7. At least 10% of the demand for energy shall be met on site and renewably/from a decentralised renewable or low-carbon energy supply (as described in the glossary of Planning Policy Statement: Planning and Climate Change (December 2007). Prior to the commencement of development details and a timetable of how this is to be achieved, including details of physical works on site, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details and shall be implemented in accordance with the approved timetable and retained as operational thereafter, unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure that the development is sustainable and makes efficient use of energy, water and materials and to comply with Policies 13 and 14 of the North Northamptonshire Core Spatial Strategy and the Sustainable Construction and Design SPD.

8. Notwithstanding the submitted details, a Tree Constraints Plan, Tree Protection Plan and an Arboricultural Method Statement shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. All details hereby required shall be in accordance with BS5837: 2005 and the method statement shall include (but not be limited to) a specification for the construction of the footpath through the spinney to west of the site and detail proposed management works required to maintain the woodland structure. The development shall thereafter be carried out in accordance with these details. Reason: To ensure the protection of trees on site

9. All vegetation clearance at the site shall only take place outside the bird breeding season of between March to August inclusive. Reason: To ensure adherence to legislation regarding protected species in line with the Wildlife and Countryside Act and to provide biodiversity mitigation and enhancements in line with the aims of Planning Policy Statement 9 Biodiversity and Geological Conservation.

10. The development hereby permitted shall be brought forward in total accordance with the agreed Travel Plan for the site dated November 2009 and with reference EM/E/16365/BS. Reason: In order to mitigate the use of the private car and promote the use of sustainable modes of transport in accordance with guidance in PPG13 ‘Transport.’

11. Prior to the commencement of the development a scheme and timetable for the provision of fire hydrants shall be submitted to, and agreed in writing by, the Local Planning Authority and provision of the fire hydrants shall be made in accordance with the scheme and timetable. Reason: To ensure a satisfactory form of development.

12. Further to section 5.5.9 of the ecological appraisal, and in line with paragraph 14 of Planning Policy Statement (PPS) no. 9, artificial nesting and roosting opportunities for bat species including Pipistrelle sp., and bird species; swift A.apus, starling S.vulgaris and house sparrow P. domesticus should be integrated into the construction plans. Such details shall be submitted to and agreed in writing with the Local Planning Authority. The details shall thereafter be installed as agreed. Reason: To protect ecological interests.

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13. No building works which comprise the erection of a building required to be served by water services shall commence until details of a scheme, including phasing, for the provision of mains foul water drainage has been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented prior to the occupation of any buildings within the relevant phase(s) of the development. Reason: To prevent flooding, pollution and detriment to public amenity and biodiversity through provision of suitable water infrastructure, irrespective of the provisions of Sections 94, 98 and 106 of the Water Industry Act 1991.

14. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment undertaken by Woods Hardwick Infrastructure (ref – CSB/KM/E/16365/B4). Reason: To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

15. Prior to the commencement of development, all made ground in soakaway locations, detailed in Appendix 7 and 8 of the Flood Risk Assessment undertaken by Woods Hardwick Infrastructure (ref – CSB/KM/E/16365/B4), shall be removed and replaced by uncontaminated soil. Reason: To prevent pollution of controlled waters.

16. Piling using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: To protect controlled water quality.

17. Prior to the commencement of development details of the proposed traffic calming measures within the site shall be submitted to and approved in writing with the Local Planning Authority. The approved scheme shall thereafter be implemented prior to first occupation of the dwellings hereby approved. Reason: In the interests of highway safety.

18. Prior to the commencement of development cross sectional details required of the balancing pond shall be submitted to and agreed in writing with the local planning authority. Reason: To ensure that no water is retained within 5.0m of the adopted highway.

19. Notwithstanding the submitted details, prior to the commencement of development the following access details shall be submitted to and approved in writing by the local planning authority: - 1. Hard surface materials to form the estate street. 2. Means of drainage throughout the estate street and measures to prevent the unregulated discharge of surface water onto the adopted highway throughout the estate street. 3. Maximum gradient from the highway boundary 1 in 15 in the positive or negative direction. 4. Provision of vehicle visibility splays at the junction with the public highway and forward visibility splays within the estate street. 5. Pedestrian splays of at least 2.4m x 2.4m (2m x 2m where there is turning space within the site) shall be provided on each side of the vehicular access. These measurements are taken along and to the rear of the highway boundary within the curtilage of the site. The areas of land forward of these splays shall be reduced to and maintained at a height not exceeding 0.6m above the carriageway level. 6. Traffic Calming measures to enable imposed control to a maximum speed of 20mph. 7. Street lighting throughout the estate street. The subsequent submitted details shall illustrate a carriageway which is to the local highway authority’s adoptable standard. The hard surfacing shall be completed in accordance with the approved details in accordance with a timetable to be agreed in writing by the local planning authority prior to the commencement of development. Development shall be constructed in strict accordance with the approved details and approved vision splays retained thereafter. Reason: In the interests of highway safety.

20. No development shall commence until a scheme of kerbing and surfacing works throughout the frontage of the site and additional measures to control vehicle visibility within Wellingborough Road

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to aid pedestrian and vehicle movement ry has been submitted to and approved in writing by the local planning authority. No development shall commence until a timetable for the completion of offsite improvement works has been submitted to and approved in writing by the local planning authority. The approved access road shall not be used to provide means of access to new residents until such time as the works have been completed in accordance with the approved details and timetable. Reason: In order to ensure that offsite pedestrian improvements are completed in the interests of highway and pedestrian safety and convenience to users of the public highway.

21. The development hereby permitted shall not be commenced until details of a comprehensive contaminated land investigation has been submitted to and approved by the Local Planning Authority (LPA) and until the scope of works approved therein have been implemented where possible. The assessment shall include all of the following measures unless the LPA dispenses with any such requirements in writing: - A site investigation shall be carried out to fully and effectively characterise the nature and extent of any land contamination and/or pollution of controlled waters. It shall specifically include a risk assessment that adopts the Source-Pathway-Receptor principle and takes into account the sites existing status and proposed new use. Two full copies of the site investigation and findings shall be forwarded to the LPA. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR11’. Reason: To ensure potential risks arising from previous site uses have been fully assessed

22. Where the risk assessment identifies any unacceptable risk or risks, an appraisal of remedial options and proposal of the preferred option to deal with land contamination and/or pollution of controlled waters affecting the site shall be submitted to and approved by the LPA. No works, other than investigative works, shall be carried out on the site prior to receipt and written approval of the preferred remedial option by the LPA. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR11’. Reason: To ensure the proposed remediation plan is appropriate.

23. Remediation of the site shall be carried out in accordance with the approved remedial option. No deviation shall be made from this scheme without the express written agreement of the LPA. Reason: To ensure site remediation is carried out to the agreed protocol.

24. On completion of remediation, two copies of a closure report shall be submitted to the LPA. The report shall provide verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the closure report. Reason: To provide verification that the required remediation has been carried out to the required standards.

25. If, during development, contamination not previously considered is identified, then the LPA shall be notified immediately and no further work shall be carried out until a method statement detailing a scheme for dealing with the suspect contamination has been submitted to and agreed in writing with the LPA. Reason: To ensure all contamination within the site is dealt with.

26. Prior to commencement of development, a scheme for the mitigation of noise for the north western boundary of the site shall be submitted to and approved in writing with the Local Planning Authority. The scheme must include details of height, construction material, visual appearance and expected attenuation. The attenuation provided by the barrier must apply across all octave bands. The approved scheme shall be installed prior to first occupation of the dwellings hereby approved and retained in perpetuity. Reason: In order to safeguard the amenities of the future occupiers

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EN/09/01812/FUL

Date received Date valid Overall Expiry Ward 16 November 2009 23 November 2009 18 January 2010 Fineshade

Applicant Mr B Bonney

Agent Jonathon Hartley Architectural

Location 52 Stamford Road, Easton On The Hill. Proposal Proposed barn conversion to form dwelling.

Decision Application Granted

Conditions/Reasons:

2. The external facing and roofing materials to be used in the development shall match exactly those on the existing building (pantile for the roof and lime stone for the walls), unless otherwise agreed in writing by the Local Planning Authority. Reason: To achieve a satisfactory elevational appearance for the development and in the interest of preserving the character and appearance of the existing barn.

3. In accordance with the submitted details, the window and doors shall be in timber, unless otherwise agreed in writing by the Local Planning Authority. Reason: To achieve a satisfactory elevational appearance for the development and in the interest of preserving the character and appearance of the existing barn.

4. Before commencement of the development hereby permitted, details of the provision of screening to all boundaries of the site shall be submitted to and be approved in writing by the Local Planning Authority. This shall include details indicating the positions, height, design, materials and type of boundary treatment to be erected. This boundary screening shall then be provided in accordance with the details so approved before the building is first occupied and shall thereafter be retained in perpetuity. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

5. Before commencement of the development hereby permitted, a elevational drawing to show details of the northern boundary of the site and shall include full details of the vehicular access and front boundary wall alterations, shall be submitted to and be approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the details so approved and shall thereafter be retained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the character and appearance of the area and local visual amenity.

6. Pedestrian visibility splays of 2.0metre x 2.0metre shall be provided on both sides of the vehicular access. The areas of land between the required sight lines and the highway carriageway shall be cleared, levelled and retained at a height not exceeding 0.6 metres above the carriageway and driveway levels. Reason: In the interest of highway safety.

7. The vehicular access shall have a gradient not exceeding 1 in 15 for a distance of 5.0 metres back from the correct level at the highway boundary. Prior to the first occupation of the development

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hereby permitted, this area shall be paved with a hard bound surface for a minimum of 5.0 metres back from the highway boundary and be thereafter retained. Reason: In the interest of highway safety.

9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any Order amending or re-enacting that Order with or without modification), there shall be no development within Classes A, B, C, D, E, F or G of Part 1 of Schedule 2 to that Order without the prior written approval of the Local Planning Authority. Reason: To protect the amenity of adjacent occupiers and to ensure a satisfactory elevational appearance for the development.

10. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2008 (or any order revoking and re-enacting that Order), no windows or other form of opening, other than that shown on the plans hereby approved, shall be inserted in the north, east and west facing elevation of the dwelling hereby permitted. Reason: To ensure adequate standards of privacy for neighbours and occupiers and to safeguard the amenity of the area.

11. No development shall take place until there has been submitted to and be approved in writing by the Local Planning Authority a comprehensive scheme of landscaping for the site, which shall be implemented strictly in accordance with the approved details in the first planting season following the occupation of the development, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area.

12. All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following the occupation of the building(s) or the completion of the development, whichever is the sooner. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damage or diseased, shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure a reasonable standard of development and to avoid detriment to the visual amenity of the area.

13. Notwithstanding the submitted details, a full Tree Survey and Tree Constraints Plan for the onsite trees shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of development and shall be in accordance with BS5837:2005. The Tree Survey and Tree Constraints Plan shall be of a scale of no less than 1:500 and shall show the position, species, canopy spread and height of all existing trees within the site, indicating those to be retained and those proposed for felling. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To facilitate proper consideration of the provision made for trees on the site in accordance with Section 197 of the Town and Country Planning Act 1990 and in the interest of visual amenity.

14. Notwithstanding the submitted details, a Tree Protection Plan for the onsite trees shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of development and shall be in accordance with BS5837:2005. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of trees on site and in the interest of visual amenity.

Development Control Committee – 17 February 2010 Page 516

15. Before commencement of the development hereby permitted, details of the surfacing of the vehicular access, parking facilities and all other hard-surfaced areas within the site shall have been submitted to and be approved by the Local Planning Authority. The vehicular access and the parking facilities shall be laid out in accordance with the approved details prior to all other works commencing on site and the remaining hard-surfaced areas shall be provided in accordance with the approved details before the first occupation of the development. All hard surfaced areas shall thereafter be retained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the protection of on-site trees and visual amenity.

16. In accordance with the submitted application details, full details of the no dig construction method for the vehicular access and driveway portion shall be submitted to and be approved in writing by the Local Planning Authority prior to the commencement of development. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that vehicle movements in and out of the site do not cause excessive soil compaction and root damage and to ensure the protection of trees on site.

17. Notwithstanding the submitted details and prior to commencement of the development hereby permitted, an Arboricultural Method Statement shall be submitted to and be approved in writing by the Local Planning Authority. This statement shall be in accordance with BS5837: 2005 and the development shall thereafter be carried out in accordance with these details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure the protection of trees on site.

18. Before any work is commenced on the development the subject of this permission, details of the provision of foul water and surface water drainage installations to serve the development proposed shall have been submitted to and approved by the Local Planning Authority, and the development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard public health and to prevent the potential for flooding on the site and elsewhere.

19. Before commencement of the development hereby permitted, a scheme detailing protection and enhancement measures for wildlife in accordance with Natural Englands recommendations (letter dated 07.12.2009), shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To minimise the impact of the proposed development on local wildlife.

20. Works and operations that involve modifications or alterations to the building(s), removal or other works to vegetation, shall be undertaken between September to March inclusive, and no works shall be carried outside of these months (March to September inclusive), unless otherwise agreed in writing by the Local Planning Authority. Reason: To minimise the impact of the development on local wildlife and to ensure the development accords with PPS9.

21. Notwithstanding the submitted details and before commencement of development hereby permitted, a sustainable strategy satisfying the requirements of Policy 14 of the North Northamptonshire Core Spatial Strategy shall be submitted to and be agreed in writing by the Local Planning Authority and the development shall be implemented in accordance with the details so approved, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the development is sustainable in accordance with national government advice contained in PPS1 and Policy 14 of the adopted North Northamptonshire Core Spatial Strategy.

Development Control Committee – 17 February 2010 Page 517 POLICY & RESOURCES COMMITTEE

Date: 22 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30 pm

Present: Councillors:-

Robin Underwood (Chairman) Wendy Brackenbury (Vice-Chairman) Andy Mercer (Leader of the Council)

David Brackenbury Sylvia Hughes Albert Campbell Richard Lewis Lisa Costello Steven North Roger Glither o John Richardson MBE Glenn Harwood MBE

PART A ITEMS

361. MINUTES

The minutes of the meeting held on 18 January 2010 were approved and signed by the Chairman.

362. APOLOGIES

Councillors Pauline Bradberry, Philip Hardcastle and Anna Sauntson sent their apologies.

363. DECLARATIONS OF INTEREST

Councillor John Richardson MBE declared a personal and prejudicial interest in item 9 (Council Tax Discounts) as he was trying to sell a property in the District.

364. QUESTIONS BY MEMBERS UNDER COUNCIL PROCEDURE RULE 10.3

There were no questions.

365. MINUTES OF SUB-COMMITTEE AND WORKING PARTY MEETINGS

The minutes of the following meetings were received and considered.

• Waste & Recycling Working Party – 9 February 2009 • Personnel Sub Committee – 15 February 2010 • Finance Sub Committee – 15 February 2010.

Policy and Resources Committee – 22 February 2010 Page 518 (The minutes are set out on pages 525 to 600)

In receiving the minutes of the Personnel Sub-Committee, the Chairman of the Sub- Committee asked that the word “proposed” be inserted before the word “restructure” in minute 8.5 and before the word “management” in minute 9.1. The amended minute is shown on page 539.

The following recommendations in the minutes of the Finance Sub Committee were approved:-

Minute 6 - Treasury Management Strategy Statement and Investment Strategy

(1) That the Treasury Management Strategy Statement and Investment Strategy from 2010/11 to 2012/13 be approved and the: -

(i) Council’s annual Minimum Revenue Provision Statement in Section 5 of the Treasury Management Strategy Statement be agreed;

(ii) types of investment the Council can use be agreed; and

(iii) criteria for assessing the suitability of investment counterparties be agreed.

(2) That any requirement to borrow be submitted to the Policy and Resources Committee for approval.

Minute 7 – Fees & Charges 2010/11

That the Fees and Charges for 2010/11 (outlined in Appendix 1 attached to these minutes), be approved.

It was further

R.12 RESOLVED TO RECOMMEND:

That recommendation (3) of minute 6 (as set out below) be approved.

That the Prudential Indicators in the Treasury Management Strategy Statement be recommended to full Council for approval (set out on page 548).

366. URGENCY PROCEDURE

In accordance with paragraph 6 of Part 4.3 of the Constitution, the Committee was advised that approval had been given by the Chief Finance Officer, in consultation with the Leader of the Council and the Chairman of the Committee, to appoint The Prince’s Foundation for the Built Environment to carry out an in depth look at the options for regeneration in Rushden Town Centre. To facilitate the appointment it had been necessary to suspend the Procurement Rules and accept a single tender.

In addition, £10,000 had been transferred, under the Virement Scheme, from the Economic Development budget to Planning Policy to help fund the works.

Policy and Resources Committee – 22 February 2010 Page 519 367. DEVOLVING RESPONSIBILITY FOR PROVISION OF VOLUNTARY SECTOR LOCAL INFRASTRUCTURE ORGANISATIONS

The Committee considered a report outlining the impact, for East Northamptonshire (ENC) and Wellingborough (BCW), of the decision of Northamptonshire County Council (NCC) to devolve the budget for the provision of Local Infrastructure services for the Northamptonshire Third (Voluntary) Sector to District and Borough Councils across the County from 1 June 2010. A verbal update at the meeting indicated that NCC were looking for a three year commitment.

Members were asked to determine whether they wished to accept this budget and the responsibility for procuring these local services and monitoring the delivery of those services in accordance with a partnership agreement, details of which were given. The extent of the joint responsibility which would be assumed by ENC and BCW was noted. NCC had confirmed that although the budget of £50,000 to be distributed to Local Infrastructure Organisations (LIO) would be transferred, there would be no financial payment or transfer of staff to the District and Borough Councils. The Committee noted that Daventry District Council had declined to accept the devolution and that BCW had not given an “open-ended” commitment.

By monitoring and controlling the service levels, there would be more say and flexibility in the delivery of services supporting the Third Sector locally. However, it was anticipated that there would be significantly greater amounts of work for ENC and BCW, particularly in the first year of the procurement process.

Having considered the options, the Committee did not feel able to accept the devolution of the LIO budget without a contribution towards the administrative costs that would be involved or on a three year basis.

RESOLVED:

That NCC be informed that this Council does not wish to accept the devolution of the LIO budget on the basis proposed.

368. PRIVATE SECTOR HOUSING

Further to minute 178 (12 October 2009), and Finance Sub-Committee minute 3 (26 October 2009) a report from the Environmental Protection Officer on the funding of Private Sector housing grants (DFGs) for 2010/11 and future years, was considered. The Finance Sub Committee had asked that a further report be made to this Committee to consider the feasibility of limiting the DFGs budget to £300,000 annually.

The following options were put forward:-

1: Revise the budget for 2010/11 and 2011/12 to £650,000 per year to reflect current expected demand and review the need after this period

2: Revise the budget to £400,000 and allocate an additional £100,000 to a priority need budget to be assessed by a case review panel, with any approval above the amount to be deferred to the next financial year and/or further assessment by a review panel in that year.

Policy and Resources Committee – 22 February 2010 Page 520 3: Allocate a capital budget of £300,000 for DFGs and any payments due above this amount be deferred until the next financial year.

The Committee recognised that –

• Section 36 of the Housing Grants Regeneration Act 1996 allowed for payments to be deferred for a period of up to 12 months and that, on current spend, a budget of £300,000 would result in some £350,000 of applications being deferred to the next financial year. This would fully commit the next year’s budget and from April 2011 the payment of all applications would need to be deferred for a maximum of 12 months, after which time the Council would be legally obliged to pay the grant in full on completion of the works • the Department of Communities and Local Government (DCLG) did not meet 100% of the cost of all DFGs despite earlier indications that it would • details of a case review panel would need to be considered in more detail.

Members were minded to choose Option 3 as the basis for preparation of the budget for 2010/11 and the implications were fully acknowledged.

RESOLVED:

(1) That Option 3 be identified as the preferred option for the funding of Private Sector Housing Grants for one year from April 2010.

(2) That representations be made to the DCLG expressing concern that the Government did not meet 100% of the costs of DFGs and seeking an explanation for this.

(3) That the setting up of a case review panel be agreed in principle, and that a further report on the full implications, including Terms of Reference, frequency and staffing implications be submitted to a meeting as soon as possible.

369. CALENDAR OF MEETINGS 2010/11

Members considered a draft Calendar of Meetings for 2010/11.

RESOLVED:

That the calendar of meetings for 2010/11, as set out in Appendix 1 to these minutes at pages 601 to 602, be approved for submission to the Annual Meeting.

370. REGISTERED SOCIAL LANDLORD (RSL) MANAGEMENT PARTNER ARRANGEMENTS

The Housing Strategy Manager submitted a report further to minute 255(b) (10 December 2007), when the Committee had given its endorsement to new partnership working arrangements with Registered Social Landlords (RSLs). These arrangements involved the selection of a number of ‘partner’ RSLs across North Northamptonshire, by the four local authorities, on the basis of their housing management credentials.

The housing market had changed considerably over the last year and officers had found that most RSLs, like private developers, had reduced or completely stopped their development

Policy and Resources Committee – 22 February 2010 Page 521 activity. This was likely to have a detrimental effect on the number of new affordable homes being brought forward.

All four North Northamptonshire Authorities were considering whether it was appropriate to give other developing and managing RSLs the opportunity to develop in North Northants if they could demonstrate their suitability with the Homes and Communities Agency, are managing homes satisfactorily, and could provide a regular local management presence. The strategic housing teams at each North Northamptonshire local authority were therefore planning to write out to all partner RSLs, informing them that the RSL management partnering arrangements would be suspended for the foreseeable future.

The Committee felt there were local advantages in continuing with the current arrangements, and, having been advised that its retention would not have a detrimental effect, it was

RESOLVED:

That there be no suspension of the current RSL Management Partnering Arrangements.

PART B ITEMS

371. COUNCIL TAX DISCOUNTS

The Head of Revenues and Benefits referred to the consideration given to Council Tax discounts at the meeting on 14 September 2009 (minute 136 refers) and asked the Committee to clarify its intentions, as there were difficulties in implementing the decision as recorded in the minutes.

R.13 RESOLVED TO RECOMMMEND:

That the decision made at the Council meeting on 2 November be rescinded and the following be substituted:-

(1) That the current discount of 50% on long term empty properties be maintained.

(2) That the discount on second homes and unoccupied furnished homes be reduced to 10% to bring the District in line with the rest of Northamptonshire and the Welland Partnership.

372. BUDGET 2010/11

The Committee considered the report of the Chief Finance Officer on the revenue budget for 2010/11. The following changes had been made to the budget since the meeting on 18 January 2009:-

• Estimated net saving of £100,000 following the decision of the Chief Executive to implement a management restructure • Savings of £200,000 to reflect likely changes to staff terms and conditions of employment

Policy and Resources Committee – 22 February 2010 Page 522 • Increase in the budget of £17,133 to support Northamptonshire Sunflower Centres, who provide support for high risk domestic abuse cases , to reflect the contribution from the Government’s Reward Grant • Reinstatement of the potential saving of £111,600 for transfer of responsibility for public toilets to Town Councils as it was unlikely that transfer would take place in 2010/11.

The net savings in the budget as a result of the above adjustments would result in a reduction in the estimated use of the Council’s revenue reserves of £171,267.

In summary, the following changes to the Budget were proposed:-

£ Total Budget Requirement approved on 18 January 10,233,897

Less savings from: £ Management Restructuring 100,000 Reduction in Salary Budget 200,000 (300,000) 9,933,897 Add additional items: Contribution to Sunflower Centre 17,133 Adjustment for Public Toilets 111,600 128,733 10,062,630 Reduction in Use of Reserves 171,267 Revised Budget Requirement for the District £10,233,897

The Committee agreed the following, under its delegated power:-

That subject to the continuation of the work of the Budget Review Group, the 2010/11 revenue budget, as set out above, be approved.

It was further

R.14 RESOLVED TO RECOMMEND:

That Council agree a Budget Requirement of £12,299,279, including Parish Precepts.

373. CONSTITUTIONAL & PROCEDURAL CHANGES

The Chairman of the Constitution Review Group, Councillor Andy Mercer, presented a report proposing –

• Changes to the Council’s Officer Delegation Scheme (part 3 of the Constitution) • Draft Petitions Scheme as required by the new Local Democracy Economic Development and Construction Act 2009 (LDEDCA) • Consequential changes to parts of the Constitution following the introduction of the Petitions Scheme and the Terms of Reference of the Scrutiny Committee • Changes to Article 2 of the Constitution as a result of the duty in the LDEDCA to promote understanding of the support given to Councillors.

Policy and Resources Committee – 22 February 2010 Page 523 R.15 RESOLVED TO RECOMMEND:

(1) That the proposed changes to Part 3 of the Constitution shown in Appendix 2 be adopted, and authority be given to the Monitoring Officer to adjust names and titles as appropriate following restructuring at Heads of Service level.

(2) That the draft Petitions Scheme and consequential changes to the Constitution and Terms of Reference of the Scrutiny Committee as shown in Appendices 3 and 4, be approved.

(3) That the Monitoring Officer be authorised, in consultation with the Leader and Deputy Leader, to make any changes which are necessary to the Petitions Scheme after 1 March (but before 1 April 2010 if implementation is set for that date) as a result of the Government’s response to the current consultation on the petitions duty.

(4) That the Monitoring Officer be authorised to reject petitions that are vexatious, abusive or otherwise inappropriate (subject to notifying SMT and the Leader of the Council).

(5) That the proposed changes to Article 2 of the Constitution as a result of the duty to promote understanding of the support given to Councillors be adopted (as set out in Appendix 5).

Chairman

Policy and Resources Committee – 22 February 2010 Page 524 Waste & Recycling Working Party

MINUTES

Held on: 9 February 2010

Time: 9.30am

Place: CHG2, East Northamptonshire Council, Thrapston

Councillors: David Bateman, Roger Glithero, Glenn Harwood Present: (Chairman), Marian Hollomon, Richard Lewis, Peter MacGovern and Steven North.

Officers: Mike Deacon (MD) Head of Environmental Services, Julia Smith (JS) Commercial Health Manager and Waste Contract Procurement Project Co-ordinator, Michael Bailey (MB) Waste Management Officer, Rachel Reeds (RR) Democratic Services (Minutes)

In attendance: Jane Perrin, Northamptonshire Waste Partnership, for item 4.

Action 1.0 MINUTES AND ISSUES ARISING

1.1 The minutes of the meeting held on 6 October 2009 were approved, subject to the addition of Councillor Hollomon to the list of apologies.

1.2 Minute 6.1 – It was noted that the Residents Panel had been refreshed by a third.

1.3 Minute 9.0 – It was reported that MB had drafted a timetable of site visits to increase Working Party Members’ knowledge of solutions for handling and processing waste. This approach was agreed by the Working Party. MD and MD/MB MB to finalise itinerary with GH. It was noted that site visits as part of the procurement process for the new waste contract would be dealt with MD separately. MD also to give RG a full briefing on the new food/green waste treatment facility in the north of the district as part of his role as ward member.

2.0 APOLOGIES FOR ABSENCE

2.1 Councillors Duncan Reid and Anna Sauntson sent their apologies.

Policy and Resources Committee – 22 February 2010 Page 525 Action 3.0 DECLARATIONS OF INTEREST

3.1 Councillors Roger Glithero and Glenn Harwood declared personal interests because they were members of the Green Waste Club.

4.0 NORTHAMPTONSHIRE WASTE PARTNERSHIP (NWP)

4.1 Jane Perrin of the NWP attended to report on this item. She reported on progress to date with Project Reduce (the joint procurement project between Northamptonshire County Council (NCC) and Milton Keynes Council (MKC) for the processing of residual waste). Members noted that the bidders had been narrowed down to four who had all submitted solutions. MKC and NCC were currently firming up their agreement regarding the splitting of costs and administration. A waste composition analysis to aid the bidders was also in progress and the overall summary would be available shortly.

4.2 It was noted that NCC and the NWP were focussing on raising the profile of Project Reduce through press notification, radio publicity and leaflets in public places. A leaflet had been finalised. JP to liaise with project director regarding JP/MD the distribution of the leaflet to all Members.

4.3 Members asked questions about the problem of non-recyclable packaging, transport of waste, implications for ENC’s procurement project and household waste recycling centres. JP reassured Members that Project Reduce had taken into account the fact that three of the districts within Northamptonshire were going through waste contract procurement and had taken into consideration for its projections the fact that kitchen waste collection might be included in the final contract(s).

4.4 JP informed Members that transfer stations and transport issues were being fully considered by the NWP steering group as part of the project but that it was too early for robust indications. The Working Party noted that the project director was keen to reduce transport costs and turnaround times.

4.5 JP reported that Enterprise Management Services had been awarded the contract for management of the household waste recycling centres by NCC from 1 April 2010. She shared with Members the details of thee NWP’s briefing note and it was noted that the full mobilisation plan would be shared with the districts and boroughs at the earliest opportunity. Members asked that the briefing note be attached to the minutes for the information of all members (see Appendix 1).

4.6 SN raised the following concerns that he had GH had raised at the last meeting of the NWP: • The possible time delay caused by the introduction of a meet and greet service • The possible impact on the Rushden site and flytipping caused by the reduced opening hours at the Wellingborough site, of which ENC should not have to bear the cost. The Working Party also noted that SN and GH had advised the NWP to take the closing of the Newton Road site into account when considering plans for the Northampton Road site.

4.7 JP reported that a league table had recently been published regarding waste

Policy and Resources Committee – 22 February 2010 Page 526 Action arising and sustainable waste processes. ENC had been placed 120 out of 273 authorities nationally.

5.0 GREEN WASTE CLUB

5.1 MD reported that Verdant had put several measures in place to ensure that the problems experienced during renewal of membership of the Club last year would not occur this year. The Working Party noted that • A weblink would be put on the ENC website • Three dedicated lines for renewals would be open from 10am to 6pm, Monday to Friday, for three weeks following the dispatch of renewal notices on 12 March (with the option to extend), with another line for enquiries • A prize draw had been proposed with a prize of £500 Thomas Cook vouchers. The Members endorsed this approach and were also pleased to note that the MD cost of membership would not rise this year.

6.0 CURRENT WASTE CONTRACT

6.1 SN had asked for this item to be put on the agenda in order that Members be informed about the procedures in place to ensure performance is maintained to the end of the current contract. Members were reassured that performance targets, procedures and penalties had been built into the existing contract.

7.0 WASTE CONTRACT PROCUREMENT UPDATE

7.1 The Group received a report on progress to date with the waste contract procurement project. Members asked that the report be appended to the minutes for the information of all Councillors (see Appendix 2).

7.2 MD reported that Julia Smith, Commercial Health Manager, was acting as project co-ordinator until the new Waste Manager, Charlotte Tompkins, took up her position on 22 February.

7.3 MD invited all Members of the Working Party to contact him or JS at any time for further information on the project.

8.0 DATES OF FUTURE MEETINGS

8.1 The Working Party raised a few issues for resolution. MD to inform Working MD Party members about the annual spring clean. Members also asked that encouraging and enforcing recycling be added to a future agenda. It was noted MD/RR that this could be an issue for the Waste Manager and Housing Strategy Manager to work together on through the agreements with Registered Social Landlords etc.

8.2 The next meeting of the Working Party would be held on 13 April and future RR/MD dates would be circulated for agreement.

Policy and Resources Committee – 22 February 2010 Page 527 Appendix 1

NEW RECYCLING CENTRE CONTRACT AIMS TO TACKLE ENVIRONMENTAL CHALLENGES

A new contract governing the running of the county’s household waste recycling centres will ensure the service develops over the next 15 years to tackle environmental challenges ahead.

Northamptonshire County Council’s cabinet agreed the awarding of the new contract at a meeting on December 1 to Enterprise Managed Services (EMS) after the firm was selected as the preferred bidder.

The management of waste is becoming increasingly expensive with high, unavoidable future costs being faced by the county council as a result of recent changes in legislation.

Cllr Heather Smith, county council cabinet member for environment, growth and transport, said: “Carrying on putting the same amount of waste in landfill really isn’t an option for us as not only is this disastrous environmentally, but because of new legislation, is becoming increasingly expensive.

“We’re confident that this new contract, which will be over 15 years, is the best one to take us forward to meet the challenges that lie ahead and bring about more recycling in Northamptonshire.

“We will see a great many changes over the next 15 years and there will be a number of improvements to our recycling centres, which will bring benefits to everyone.”

The new contract will start on April 1, 2010 and from then onwards there will be a series of changes to the 10 recycling centres across Northamptonshire.

These include: • Revised and enhanced site layout changes within the first year of the contract to encourage recycling and reuse.

Policy and Resources Committee – 22 February 2010 Page 528 Appendix 1

• Re-development of the sites to address population increase over the course of the 15 year contract. This will include general infrastructure changes at sites and the upgrading of four single level sites to split level along with the addition of multi-lane off-loading at: – Towcester, Wellingborough, Ecton and Corby.

• Enhanced and expanded small-scale commercial waste services at four sites – Ecton, Sixfields, Kettering and Rushden HWRCs (currently just Ecton).

• A ‘meet and greet’ service at the centres so that people can be assisted in locating where the correct bins are.

• The creation of off-site shops for so reuse items can be bought, freeing-up more room at the actual sites.

• Wollaston HWRC will become a waste-free recycling centre. No non- recyclable (ie black bag) waste will be accepted on the site.

• To provide a more cost effective service EMS propose the following changes in times when the sites are open to the public: o longer opening hours in summer (April- Sept) 8am to 8pm (12 hours) and longer winter times (Oct-Mar) 8am-6pm (10 hours) o Five sites would be open seven days a week - Kettering, Rushden, Sixfields, Ecton and Daventry. o Five sites would be open five days a week – Brixworth, Corby, Towcester, Wellingborough and Wollaston.*

Note (*) - Brixworth, Corby, and Wollaston will be closed Wednesdays and Thursdays. Towcester and Wellingborough will be closed Tuesdays and Wednesdays.

Policy and Resources Committee – 22 February 2010 Page 529 Agenda Item n/a East Northamptonshire Council

Waste and Recycling Working Party - 9 February 2010

Waste, Recycling and Street Cleansing Procurement Update

Attachments: Project timeline

1. Background

1.1 The waste management services of refuse collection, recycling and cleansing are included in one contract. The current contract runs out in 2011 and we are currently in the process of procuring the next contract. The contract has an estimated value of £48 million over fourteen years (seven year contract with an option to extend for up to another seven years).

2. Progress so far

2.1 The Policy and Resources Committee approved the following key principles, put forward by the working party, for the procurement of the new contract:

- Increasing recycling in line with or above the targets set out in the Northamptonshire Joint Municipal Waste Strategy (NJMWS). - Reduction of waste taken to landfill in line with or below the NJMWS targets - A weekly collection of kitchen waste either separately or with residual waste - Clean streets in line with targets set against the national indicator 195

2.2 The agreed award criteria for the new contract are as follows:-

- Price and Value for money – 50% - Method, service and quality – 30% - References – 5% - Sustainability – 5% - Updated Financial stability – 10%

2.4 The OJEU notice was published in May 2009 detailing the services we want providing, the award criteria, length of contract and potential value. Companies that responded to the OJEU notice were asked to complete Pre Qualification Questionnaires (PQQ).

2.5 The PQQ covered a range of issues including general company information, financial information, approach to health and safety, experience and environmental performance. We received fourteen responses from potential contractors and evaluated these against a range of criteria. Eight companies were selected to go through to the next stage of the process. This decision was made by the Project Board in July 2009.

2.6 The Invitation to Submit Outline Solutions (ISOS) was the next phase of the project. The eight companies were invited to submit outline solutions. This involved the bidders submitting an outline of how they would provide services to East Northamptonshire based on our existing budget and at 15% below our existing budget. We received seven responses as one bidder withdrew from the process at this stage. These submissions were evaluated and presented to the Project Board for approval.

Policy and Resources Committee – 22 February 2010 Page 530

2.7 We then entered into Phase 1 dialogue with the seven contractors, which involved meeting with the contractors to discuss their submissions and explore how efficiencies might be incorporated into the contract. These meetings were evaluated using a range of criteria and each contractor was scored accordingly.

2.8 The contractors where then asked to resubmit there outline solution based on the dialogue stage. These were then evaluated using a range of criteria and scored accordingly. The scores from the dialogue were then combined with the submission scores. On this basis, in December 2009 the Project Board agreed to take 5 contractors through to the next stage of the process.

2.9 We have now started a consultation phase to help inform the project board when making procurement decisions. The Residents Panel have all received a survey requesting information on waste and recycling. Town and Parish Councils have been sent surveys asking for their input into the process. Six focus groups will be taking place in March to explore some of the issues raised in more detail. In addition to this we will be consulting with the Youth Council in March.

2.10 A Consultation Plan and a Communications Plan have been developed for the procurement process and were agreed by the Project Board in December 2009. In early January the Project Team gave a presentation to all Members on the procurement process to date and key milestones for the future.

3. Next steps

3.1 The next phase of the project is referred to as Indicative Pricing. We are now putting together a submission pack to send to the bidders in March 2010. This pack will ask contractors to give indicative prices for the services they will be providing. This will give an indication as to the likely cost of the contract and as such allows us to identify potential budget implications. In addition, we will also be asking for some information on sustainability. At the end of the stage we may enter into further dialogue to discuss finances and reasons behind submitted costings. The number of contractors may be reduced at this stage.

3.2 We will then enter into the Tender Stage know as ISDS where we will receive final tenders and costs from the bidders. There will then be a full evaluation and as a result a recommendation to the Policy and Resources Committee on the award of contract from the Project Board.

4. Recommendation

4.1 It is recommended that the Waste and Recycling Working Party notes the contents of the report and the attached Project Timeline.

Person Originating Report : Julia Smith, Project Manager and Commercial Health Manager, [email protected] 01832 742066

Date : 20 January 2010

(Working Party Report Template Rev5)

Policy and Resources Committee – 22 February 2010 Page 531

Project Timeline

Project Name: ENC Waste Contract Date: 25.01.10 Project Owner: Beth Gordon Version No: V1.5 Project Sponsor: Mark Lovell/Mike Deacon Project Support: Kirsty Squires

Estimated *WM Accountable / Start End Status Activities / Milestones Dependencies Time required Responsible Date Date Agree WRWP as Project Board (plus one member of G 1. SMT) n/a n/a MD 19.03.09 24.03.09

Attend meeting with DDC and NBC to investigate scope G 2. timescales and buy in for joint procurement. n/a 0.5 day MD/BG 24.04.09 -

G 3. Contract criteria 20.03.09 17.04.09 Discuss project team requirements with • Legal, • Communications G a. 2 days per week BG;MD 20.03.09 30.03.09 • Finance • other specialist depts./partners • Agree recommended key criteria/contractual issues and service proposals including • revenue/capital costs Project Team; Welland • options on lots/single contract Procurement G b. • prescriptive or active tender 20.03.09 10.04.09 • Unit; ENC priorities for service delivery Finance; Chair of • Specialist consultants (?)/ benchmarking WRWP requirements

G c. Determine recommended tender process, selection & Project Team; 20.03.09 10.04.09 award criteria and weightings Welland Procurement Unit; Chair of Policy and Resources Committee – 22 February 2010 Page 532

WRWP MD; Project Approval of recommended key criteria and tender G d. 3b&3c Board; SMT; 07.04.09 21.04.09 process Chair of WRWP 17.04.09 G e. Communicate approved process as appropriate 3d MD 10.04.09

Estimated *WM Accountable / Start End Status Activities / Milestones Dependencies Time required Responsible Date Date G 5. Pre-qualification process for tender 3-5 24.04.09 17.07.09 Draft OJEU notice (Official Journal of the European BG; Welland G a. 3d 24.04.09 07.05.09 Union) Procurement Unit BG; Welland G b. Draft Pre-Qualification Questionnaire (PQQ) 3d/5a 24.04.09 07.05.09 Procurement Unit BG; Welland G c. Post OJEU notice 5a 08.05.09 - Procurement Unit 2 days per week BG; Admin G d. Issue PQQ 5b 11.05.09 12.06.09 Support PQQ’s returned –collate and timetabling for those who MD; Project G e. 5d 19.06.09 26.06.09 need to be consulted at this stage team; G f. PQQ’s evaluated 5e BG; Admin; 26.06.09 01.07.09 G g. Pre-qualified list agreed 5f MD; BG 01.07.09 13.07.09 G 6. Short listing process 6 13.05.09 20.10.09 G a. Plan and issue next stage of short listing 3d Project Team 13.05.09 20.10.09 2 days per week BG; Admin G b. Notify shortlisted and unsuccessful bidders 5g 24.07.09 27.07.09 Support G Competitive dialogue process 7 27.07.09 30.07.10 7. Phase One Dialogue (ISOS) 27.07.09 22.12.09 G a. ISOS issued 6a 4 days per week BG; KS 27.07.09 04.09.09 G b. Questions received from bidders 7a BG 10.08.09 02.09.09 Written answers to questions received from bidders G c. 7a/b Project Team 14.09.09

G d. Evaluation of responses from bidders 7c BG 15.09.09 06.10.09 G e. Feedback to bidders 7d BG; KS 07.10.09 20.10.09

Policy and Resources Committee – 22 February 2010 Page 533

Dialogue – first round meetings G f. 7e MD; BG; KS 20.10.09 09.11.09

G g. Answers to first round questions rcd from bidders 7f Project Team 11.11.09 01.12.09 Evaluation of responses from bidders (first round) G h. 7g BG; KS 12.11.09 03.12.09

G i. Update meeting with Leader of the Council - MD, GH 09.12.09 - Project team meeting to evaluate responses from G j. 7h Project Team 10.12.09 - phase one dialogue Project Board meeting to evaluate responses from G k. 7h/j Project Board 17.12.09 - phase one dialogue G l. Shortlist and inform contractors 7h-k Project Board 17.12.09 31.01.10 l. Phase One (ISOS) Complete 22.12.09 - Estimated *WM Accountable / Start End Status Activities / Milestones Dependencies Time required Responsible Date Date 8. Consultation and Communications 01.10.09 ongoing G a. Develop communications plan JS/BG/JEW/MD 01.10.09 10.12.09 G b. Briefing to Full Council/P&R 7l MD/Cllr GH/ 11.01.10 - A c. Implement communications plan 7m JEW/JS 25.01.10 ongoing

A d. Consultation with public 7i JS;JEW 31.01.10 31.03.10 Comment [K1]: QA have Parish council consultation indicated this process could A e JS; JEW 31.01.10 31.03.10 take 16 weeks. 9. Indicative Pricing Stage 14.12.09 30.07.10 Develop information pack, submission template and JS, KS, RN, MD, A a. 14.12.09 26.02.10 scoring criteria for indicative pricing stage TH Provide contractors with information to develop b. 9a KS, JS, RN, TH 31.03.10 indicative pricing submission Questions (in writing) from bidders re Indicative pricing c. 9a-b JS; RN, KS, MD 31.03.10 14.05.10 submission pack and information Written indicative pricing submissions received from d. 9b-c Project Team 28.05.10 - bidders Evaluation of responses from bidders (indicative e. 9d JS, RN, KS, TH 31.05.10 18.06.10 pricing) Project Team meeting to evaluate responses from f. 9d-e Project Team 21.06.10 27.06.10 indicative pricing stage

Policy and Resources Committee – 22 February 2010 Page 534

Project Board meeting to evaluate responses from g. 9d-e/f Project Board 27.06.10 02.07.10 indicative pricing stage Shortlist and recommendations (this may take place JS, KS, RN, MD, h. 9e-f 21.06.10 09.07.10 after the dialogue stage – see below) TH i. Update meeting with Leader of the Council MD/GH 01.06.10 30.06.10 Dialogue (dependent on submissions received this may MD, TH, KS, JS, j. 9e-f/g 02.07.10 23.07.10 take place before the shortlist stage) RN k. Take up contractor references 9h KS/TH 02.07.10 30.07.10 l. Dialogue completed 9a-j 30.07.10 10. Tender process (ISDS) 9 31.07.10 31.03.11 a. Prepare tender documents 3 days per week 31.07.10 MD, TH, RN, KS, b. Workshops, presentations and site visits 01.09.10 29.10.10 JS c. Despatch tender documents 1 day per week 01.09.10 d. Tenders returned 29.10.10 e. Tenders evaluated 5 days per week 17.12.10 f. Award decision 15.01.11 g. Council approval 28.02.11 N/A h. Ten day stand still 01.03.11 11.03.11 i. Award of contract 31.03.11 - 2 days per 9. Mobilisation starts 01.05.11 31.07.11 week** 10. Start of contract 01.08.11 -

Key R Red = outstanding A Amber = progress being made, regular updates to be provided G Green = completed

Policy and Resources Committee – 22 February 2010 Page 535

* Waste Manager ** This is calculated presuming that there will be some variance to the type of refuse and recycling service we introduce. If there are no major changes to the refuse and recycling service then this may reduce. It should also be noted that the mobilisation period and contract start involves the whole waste management team, who last time incurred a significant amount of TOIL. There was also need for additional resource in the customer services team to deal with the public queries.

Policy and Resources Committee – 22 February 2010 Page 536

Personnel Sub-Committee

Minutes of a meeting held on 15 February 2010 at 6.00 pm at East Northamptonshire House, Thrapston

Present: Councillors Roger Glithero (Chairman) David Brackenbury Sylvia Hughes Andy Mercer (Leader of the Council) Also present:

Councillor Steven North (Deputy Leader of the Council)

David Oliver Chief Executive (DO) Mark Lovell Executive Director (ML) Sharn Matthews Executive Director (SM) Katy Everitt Head of Organisational Development (KE) Keith Osborne Democratic Services Manager (KO)

Action 1.0 MINUTES OF PREVIOUS MEETING

1.1 The minutes of the meeting held on 14 December 2009 were approved and signed as a correct record.

2.0 APOLOGIES FOR ABSENCE

2.1 Councillor Wendy Brackenbury sent her apologies.

3.0 DECLARATIONS OF INTEREST

3.1 Councillor Andy Mercer declared a personal interest in item 8 as a consultant in IT systems relating to Revenues and Benefits and Customer Services and remained in the meeting during the consideration of that item.

3.2 David Oliver, Sharn Matthews, Mark Lovell, Katy Everitt and Keith Osborne KO declared a personal interest in item 7 (Review of Employee Pay and Benefits) as the proposals going forward would affect their welfare.

3.3 Katy Everitt declared a personal and prejudicial interest in item 8 (Management Restructuring) and left the meeting before the consideration of the item. Keith Osborne declared a personal interest in this item, as he potentially could be affected by later consideration of the structure at middle management level. He

Policy and Resources Committee – 22 February 2010 Page 537

left the meeting before consideration of the item.

3.4 David Oliver, Sharn Matthews and Mark Lovell declared a personal interest in item 8 but remained in the meeting during the discussion on the item.

4.0 QUESTIONS

4.1 There were no questions.

5.0 XcHANGE GROUP

5.1 The minutes of the meeting of the Xchange Group held on 24 November 2009 and 5 January 2010 were received. The minutes are set out on pages 4 to 8.

6.0 STAFF VACANCIES – SMT REVIEW

6.1 Further to minute 7.0 of the last meeting, ML reported that SMT was recommending the permanent deletion of some posts to the Budget Review Group but the Chairman and Vice Chairman of the Sub-Committee were being kept informed.

7.0 REVIEW OF EMPLOYEE PAY & BENEFITS

7.1 Further to minute 7.0 of the last meeting, DO reported that SMT had discussed the outcome of the employee workshops with the Budget Review Group in January and considered the balance to be struck between delivering cost savings and maintaining terms and conditions of employment which would enable the Council to attract and retain high quality staff.

7.2 The following proposals - which SMT believed would not impact unfairly on any individual or group of employees – had been negotiated with Unison:-

Saving £000 No cost of living rise for 2010/11. 110 Remove BUPA. 70 Move to HMRC fuel rates (maximum 40p per mile). 15 Interest charge for new car loans (not those already taken out). 5

Total savings in 2010/11 200

The proposals would be put to a ballot of Unison members in parallel with the ongoing consultation with all staff, which would finish on 24 February. A further meeting with Unison would be held on 1 March.

7.3 Nationally, Unison was seeking a claim for a 2.5% pay rise but the Employers’ side wanted a pay freeze. The Regional Unison Organiser had expressed concern that, should the Council agree a pay freeze locally the Council would be moving away from the ‘Green Book’ terms and conditions if a pay increase was agreed nationally. However, noting the national position, she had asked that, should a pay freeze be negotiated nationally, the Council would abide by any other changes to Green Book terms and conditions agreed as part of the national deal, provided they gave rise to no additional cost.

Policy and Resources Committee – 22 February 2010 Page 538

RESOLVED:

That the current position be noted and the Regional Unison Organiser be DO/ advised that the Council is minded to abide by any other changes to KE Green Book terms and conditions that are agreed as part of the national deal, if a pay freeze is negotiated nationally, provided -

(a) there is no additional cost, and (b) any changes are confined to 2010/11 only.

8.0 PROPOSED MANAGEMENT RESTRUCTURE

8.1 The Sub-Committee received the report of the Chief Executive on a proposed management restructure at Heads of Service level, and the reasoning for it.

8.2 After introducing the report, the Chief Executive circulated a summary of the feedback and a revised timetable which took into account the concerns raised in the feedback. This would allow time for the middle management structure to be developed before a further period of consultation. It was noted that this summary and revised timetable would be circulated to staff the following day.

8.3 Members took time to read the summary of feedback in some detail, and asked that staff be thanked for the constructive nature and quality of the feedback that had been given on the proposed restructure.

8.4 Comments were made concerning the team structure below Heads of Service in some areas and there was a discussion of the importance of retaining the cross council customer focus created by A4E during and after the restructure. Councillor Andy Mercer (who had declared a personal interest in 3.1 above) commented upon the importance of having the appropriate customer permissions before sharing data between systems in these two areas.

8.5 Members agreed the proposed revised timetable for the proposed restructure SMT process, which was scheduled to result in appointments to Heads of Service posts by 14 May 2010.

9.0 DATE OF NEXT MEETING

9.1 The date of the next meeting was rearranged to take into account the timetable KO for the proposed management restructure. The planned meeting of 23 March was cancelled and replaced by a meeting at 6pm on Friday 9 April.

Chairman

Policy and Resources Committee – 22 February 2010 Page 539

Xchange Group

Minutes from the meeting held on Tuesday 24 November 2009

Present: Palden Dorje PD Chair & Unison Representative David Oliver DO Chief Executive Julie Lee JL Customer Services Representative Symon Adamson SA Revenues and Benefits Services Representative Carolyn Aldridge CA Policy & Community Development Representative Katy Everitt KE Head of Organisational Development Pauline Matheson PM Organisational Development Representative Rachel Reeds RR Resources Representative Heidi Lightfoot HL ICT Representative

Minutes: Alice Duggan

1 Apologies for absence Had been received from Thomas Morrissey and Romina Vella.

2 Minutes of the last meeting 1 October 2009 The minutes of the last meeting were approved.

3 Matters arising from the minutes KE updated the group on issues discussed at the Personnel Sub Committee.

4 Staff lunch room facilities SA expressed a view from Revenues and Benefits that the Staff lunch room was not up to standard. Complaints included the lack of a clock and the cleanliness of the sink and fridge. KE asked SA to raise the concerns via the Amenities e-Form in the first instance. SA

5 Alarm testing on Friday mornings SA expressed a view from Revenues and Benefits that the alarm was being tested at an inappropriate time as it disrupted telephone conversations with customers. CA raised a query regarding the legal requirement for fire testing as there has not been a fire drill for some time. KE asked SA to raise the concerns via the Amenities e-Form in the first instance. SA

6 Corporate letters SA raised the issue of the new letter headers which were causing technical difficulties for Revenues and Benefits. KE noted that two separate headers were available, one for a single page and one for multiple pages. KE asked SA to raise the concerns with the communications team in the first instance. SA

Policy and Resources Committee – 22 February 2010 Page 540

7 Mileage costs for training HL raised a query from ICT regarding the amount that could be claimed for mileage when staff attend training courses. KE confirmed that this was reviewed annually by Mark Lovell in line with the cost of fuel and would be looked at again in April 2010.

8 Bright Ideas Scheme KE advised the Group that Bright Ideas is being reviewed and individuals who have put suggestions in through the scheme will be contacted to give their feedback on the process with a view to improving the scheme.

9 Best Public Sector to work for survey KE reported that there had been a very good response rate to the survey and the deadline for submissions was December 3 rd. She asked the Group to remind their service area teams to complete the survey. ALL

10 Review of employee pay and benefits KE updated the group on plans for the staff workshops which would take place in December. 8 sessions were planned and staff would need to book onto sessions using the LMS. During the workshops staff would be given facts about how much money needs to be saved and a list of potential areas where money can be saved from. Staff would then work in groups and consider the following questions:

• Which items on the list are you most concerned about being implemented?

• Which items on the list are you least concerned about being implemented?

• Is there anything we haven’t included on the list which you think should be on it? (must bring savings to staffing costs)

• Are there any benefits (which will not cost the Council anything) that you would like us to include in your benefit package?

DO explained that some things to be considered include:

• BUPA

• Reduced contractual hours

• Company cars

KE explained that today is the start of the consultation process. She explained that some items on the list relate to all employees of the Council whereas others, like company cars, only relate to a small proportion of employees. KE confirmed that this will be taken into account during the consultation.

KE also advised the Group that it is not a redundancy scenario so the Council is not proposing to make any redundancy payments.

DO explained that once the workshops have taken place there will be further meetings with UNISON and Members to agree the way forward – they will consider the outcome of the workshops, and where possible, will focus on the items listed by

Policy and Resources Committee – 22 February 2010 Page 541

staff as “least painful” to remove/review. He explained that employees will be informed and consulted about the proposed removal of any pay or benefits and the intention is to have made, negotiated and agreed any decision with employees ready for implementation on 1 April 2010. He did, however, clarify that BUPA will remain in place until at least the end of September 2010.

CA asked for clarification about new employees joining the Council and their entitlement to BUPA. KE clarified that BUPA will not be provided to new employees joining the Council until a decision it is agreed about what will happen with BUPA in the future.

KE confirmed that the majority of employees have already agreed to the removal of life insurance she explained that where possible agreement will be reached with staff but where that is not possible the Council will dismiss and re-engage employees.

11 Dates of future meetings The next meeting would be held on Tuesday 5 January 2010.

Policy and Resources Committee – 22 February 2010 Page 542

Xchange Group

Minutes from the meeting held on Tuesday 5 January 2010

Present: Palden Dorje PD Chair & Unison Representative David Oliver DO Chief Executive Symon Adamson SA Revenues and Benefits Services Representative Carolyn Aldridge CA Policy & Community Development Representative Katy Everitt KE Head of Organisational Development Pauline Matheson PM Organisational Development Representative Rachel Reeds RR Resources Representative Tom Morrissey TM Environmental Services Representative Heidi Lightfoot HL ICT Representative

Minutes: Romina Vella

1 Apologies for absence Had been received from Julie Lee and Brian Harrison.

2 Minutes of the last meeting 24 November 2009 The minutes of the last meeting were approved. .

3 Matters arising from the minutes 3.1 Minute 4 – Amenities had been contacted regarding the cleanliness of the staff lunch room facilities. 3.2 Minute 5 – it was noted that Amenities had posted a message on Eunice that the fire alarm and panic button would be tested between 8.30am and 8.45am.

4 Member update – Council approach to cost savings 4.1 KE welcomed Councillor Roger Glithero who wished Happy New Year to all. Councillor Glithero expressed his thanks on behalf of all of the Members for the staff participation at the Employee Pay and Benefits Workshops. The Budget Review Group would continue to work on options for savings including the cost of living increase, BUPA and mileage rates. Cllr Glithero also discussed how Members are supporting staff to make financial savings including not applying any increase to their allowances for the 2 nd year running.

5 Corporate Policy – bad weather 5.1 CA raised the subject of the recent heavy snowfall. DO confirmed that there was no corporate policy for this type of extreme weather and that each person should take responsibility for their own safety and arrangements should be organised within service areas. KE agreed to look again at the message that had been published on Eunice previously and update it. KE

6 Feedback from employee workshops – pay and benefits 6.1 DO fed back from the workshops, which most staff had attended, and confirmed that

Policy and Resources Committee – 22 February 2010 Page 543

there were fairly consistent views. Staff were most concerned about the reduction of hours and staff were least concerned about the cost of living pay rise. The option of discontinuing BUPA had a varied response.

6.2 SMT would be looking at cars and essential users which had also been on the list and may need to re-evaluate who is classified as an essential user. That is not part of the review of pay and benefits because it already takes place every 12 months.

6.3 KE listed some of the ‘no cost’ benefits which had been suggested at the workshops including reviewing the flexibility of flexi time and buying annual leave.

6.4 The BRG would be meeting with Unison and proposals for the way forward would then go to Personnel Sub Committee. Changes would be implemented by 1 April 2010.

6.5 CA said that her workshop group had discussed the Management Structure and asked DO if a review of CMT and middle managers was being carried out. DO said that the BRG were looking at all options but no decision had been made.

Date of next meeting The next meeting would be held on 16 th February 2010. KE

Policy and Resources Committee – 22 February 2010 Page 544

FINANCE SUB COMMITTEE

Date: 15 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30pm

Present: Councillors: - Andy Mercer (Chairman)

David Brackenbury John Richardson MBE Roger Glithero JP Robin Underwood Steven North

PART A ITEMS

1. MINUTES

The minutes of the meeting held on 4 January 2010 were approved and signed by the Chairman.

2. APOLOGIES FOR ABSENCE

Councillor Richard Lewis sent his apologies.

3. DECLARATIONS OF INTEREST

No interests were declared.

4. REVENUE BUDGET MONITORING REPORT

The Sub Committee received the revenue budget monitoring report comparing the actual spend on revenue items from 1 April to 31 December 2009, with the approved budgets for 2009/10.

The Head of Resources reported that on 31 December 2009, the total anticipated under spend for 2009/10 was £319,971 and advised Members of the main variations which were under and over budget.

The Sub Committee noted the:

• anticipated overall under spend on salary budgets of £399,338 would be £50,662 less than budgeted for • savings totalling £342,920 that had already been made and removed from service budgets and possible further savings of £56,420 for the remainder of the year • investment income for the year was anticipated to be £480,000, some £14,000 below budget • target for total savings of £300,000 during 2009/10 had been met

Policy and Resources Committee – 22 February 2010 Page 545 • items approved from Contingency by the Chief Finance Officer, or the Policy and Resources Committee • increase in the amount transferred from the General Fund Reserve from £1,421,200 to £1,432,229.

The Sub Committee noted that the Audit Commission’s fee for undertaking the audit of grant claims had increased to £24,000 for this year, from £8,500 last year. It was agreed that Councillor Andy Mercer be informed of the reasons for this increase.

Officers were thanked for their work in identifying savings under the revenue budget for 2009/10.

Members asked whether the Council would be receiving money back for reaching its LLA targets during 2009/10. It was agreed that Members of the Sub Committee be informed of the likely amount to be received by the Council next year, which was understood to be from £30,000 to £40,000.

Members noted the variations reported and that no further action was required at this stage of the financial year.

5. CAPITAL BUDGET MONITORING REPORT

Members considered the capital budget monitoring report comparing the actual spend on capital items from 1 April to 31 December 2009, with the revised budgets for 2009/10.

The capital budget for 2009/10 had been reviewed at the Sub Committee meeting on 4 January when it had been reduced by £311,450, from £3,498,601 to £3,187.151.

The Head of Resources reported that spend for 2009/10 would be £85,941 less than the revised budget. Members noted the variations between the projected outturn and the revised budget and that the reasons for the variances were:

• Stanwick Lakes – spend was slightly higher this year than originally anticipated. Any additional costs would be reclaimed back from future budgets • Environmental Improvement Schemes – there would be slippage on these schemes into the 2010/11 financial year • Car Scheme – spend had been less than budgeted for because drivers had extended their car leases for another year instead of acquiring a new car • Road Adoption, Kingsmead – these works had been put on hold and therefore spend would be lower than budgeted for • IT Budgets – various schemes had been deferred for a year until 2010/11.

The East Northamptonshire Greenway Project had been updated to reflect an additional £20,000 of external funding received in 2009/10 and the funding of £750,000 under the ‘Links to Schools’. However, agreement on the terms of this funding had not been finalised.

The Sub Committee discussed the capital budget and it was noted that:

• The budget for the provision of recycling boxes was dependent on the outcome of the tender for the new waste management contract • The Welland Procurement Unit would be contacted to see if savings could be found on the cost of Licences

Policy and Resources Committee – 22 February 2010 Page 546 • Efforts were being made to reduce ICT spending by extending the replacement period for equipment, which was welcomed by Members. It was also noted that future replacements would be based on the need to replace rather than automatically replace equipment under a set schedule.

Members noted the projected outturn in 2009/10 and that there would be no requirement to take any further action.

PART B ITEMS

6. TREASURY MANAGEMENT STRATEGY STATEMENT AND INVESTMENT STRATEGY

The Council's Treasury Management Strategy Statement (TMSS) and Investment Strategy from 2010/11 to 2012/13 was submitted for approval, which included the following issues:

• Institutions the Council would invest money with • Types of investment instruments that would be used • Limits placed on either the institution or the instrument used • Underlying economic environment that would affect the types of investment the Council would use and the duration of these investments.

Members considered the Council’s position on the following matters under the TMSS:

• estimated treasury position • borrowing requirements and strategy • Annual Minimum Revenue Provision Statement • investment policy and strategy • balanced budget requirement • reporting on the treasury outturn • Prudential Indicators.

The outlook for the UK economy and interest rates provided by the Council’s treasury advisor was also considered.

The Sub Committee discussed the options for the Council’s investment strategy taking account of the projected level of interest rates and the expected returns on Government Gilts. The potential financial risk to the Council if the UK lost its AAA credit rating was also discussed. The Chief Finance Officer reassured Members that any agreed borrowing would have to be approved by the Policy and Resources Committee as previously agreed.

RESOLVED TO RECOMMEND:

(1) That the Treasury Management Strategy Statement and Investment Strategy from 2010/11 to 2012/13 be approved and the: -

(i) Council’s annual Minimum Revenue Provision Statement in Section 5 of the Treasury Management Strategy Statement be agreed;

(ii) types of investment the Council can use be agreed; and

Policy and Resources Committee – 22 February 2010 Page 547 (iii) criteria for assessing the suitability of investment counterparties be agreed.

(2) That any requirement to borrow be submitted to the Policy and Resources Committee for approval.

(3) That the Prudential Indicators in the Treasury Management Strategy Statement be recommended to full Council for approval.

7. FEES AND CHARGES 2010/11

The Sub Committee received the Council’s proposed fees and charges for consideration. No major changes to fees and charges were proposed for 2010/11. However, during the year the recently approved Charging Policy Framework would be implemented. It was expected that changes arising from this would apply from 2011/12 onwards.

RESOLVED TO RECOMMEND:

That the Fees and Charges for 2010/11 (outlined in Appendix 1 attached to these minutes), be approved.

Chairman

Policy and Resources Committee – 22 February 2010 Page 548 Appendix 1

Fees and Charges 2010/11

Charges applicable from 1 April 2010

East Northamptonshire Council

East Northamptonshire House, Cedar Drive, Thrapston, Northamptonshire, NN14 4LZ Tel: 01832 742000 Fax: 01832 734839 E-mail: [email protected] Website: www.east-northamptonshire.gov.uk

Policy and Resources Committee – 22 February 2010 Page 549 Appendix 1 Contents Page

Section 1 General Research / Written Confirmation Request Services Page 1

Section 2 Copy Documents / Chargeable Enquiry Request Services Page 4

Section 3 Land Charges Services Page 7

Section 4 Waste Management Services Page 9

Section 5 Environmental Services Page 14

Section 6 Tourist Information Centre Services Page 21

Section 7 Planning Services – Development Control, Enforcement and Conservation Page 24

Section 8 Planning Services – Building Control Page 35

Section 9 Legal Services Page 42

Section 10 Facilities Management Services Page 43

Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003 – fees for alcohol and entertainment) Page 44

Section 12 Section 106 Contributions Page 51

= statutory fee

Policy and Resources Committee – 22 February 2010 Page 550 Section 1 General Research/Written Confirmation Request Services

The Council has a policy of charging for certain categories of enquiry that require specific research, a search of East Northamptonshire Council’s records and/or a site visit. Information contained within statutory registers is available for the public to view free of charge, however, where the customer requires an officer to search registers on their behalf then the following charges are levied for this service.

Any written advisory information provided is given as an informal opinion only without prejudice to any view expressed or decision made by this Council's Committee.

Set out below is a schedule of the proposed fees and charges.

Enquiry that requires specific research, Current Charge VAT Current Charge a search of East Northamptonshire Section Income Code (excluding VAT) (if applicable) (including VAT) Council’s records and/or a site visit.

Building Control – Any request for £75.06 and £15.06 £13.14 and £88.20 and £17.70 Building Control CFE 001 9308 information or advice involving a site visit per enquiry £2.64 per enquiry (including a letter etc.)

Building Control File – Request to £75.06 and £15.06 £13.14 and £88.20 and £17.70 Building Control CFE 001 9308 extract file from archive for viewing per enquiry £2.64 per enquiry

Building Control records (prior to 1 £75.06 and £15.06 £13.14 and £88.20 and £17.70 Building Control CFE 001 9308 April 2001) * – Search of East per enquiry £2.64 per enquiry Northamptonshire Council’s building control records to identify building regulation approval, completion notice or other building control matter

Conditional planning permission * – £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 002 9308 Search of East Northamptonshire per enquiry £2.64 per enquiry Services - Council’s planning records and/or a site Enforcement visit to establish if condition has been complied with.

Policy and Resources Committee – 22 February 2010 Page 551 Section 1 General Research/Written Confirmation Request Services

Contaminated Land * – Search of East £75.06 and £15.06 £13.14 and £88.20 and £17.70 Environmental CAV 008 9684 Northamptonshire Council’s records of per enquiry £2.64 per enquiry Services historic land use which may have the potential for contamination

Planning Policy * – Specific research, £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 003 9308 search of East Northamptonshire per enquiry £2.64 per enquiry Services Council’s records and/or a site visit.

Planning enforcement matter * – £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 002 9308 Search of East Northamptonshire per enquiry £2.64 per enquiry Services - Council’s records and/or a site visit. Enforcement

Planning Fast Track Information * – £273.87 £47.93 £321.80 Planning CFA 002 9308 Search of East Northamptonshire Services Council’s planning records and/or a site visit.

Planning history and/or use * – £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 002 9308 Search of East Northamptonshire per enquiry £2.64 per enquiry Services Council’s records.

Section 106 or Section 52 £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 002 9308 Agreement * – Search of East per enquiry £2.64 per enquiry Services Northamptonshire Council’s records and/or a site visit to establish if a 106 agreement exists/complied with.

Policy and Resources Committee – 22 February 2010 Page 552 Section 1 General Research/Written Confirmation Request Services

Tree Preservation Order (TPO) * – £75.06 and £15.06 £13.14 and £88.20 and £17.70 Planning CFA 002 9308 Search of East Northamptonshire per enquiry £2.64 per enquiry Services Council’s records to establish if a TPO is in existence.

Please note that information which does not form part of a public register will only be released to the owner of the property or another party with the owner’s consent. * Subject to copyright. Any written advisory information provided is given as an informal opinion only without prejudice to any view expressed or decision made by this Council’s Committee. Exemption from Payment of Fees - The charges for services in these categories will not be made in the case of requests from Parish and Town Councils and Parish Meetings or in the case of approved student enquiries and projects at the discretion of the relevant Head of Service.

Policy and Resources Committee – 22 February 2010 Page 553 Section 2 Copy Documents/Chargeable Enquiry Request Services

The Council has a policy of charging for certain copy documents. Certain statutory documents are available free of charge, however we may require 24 hours notice to produce some of them - please enquire at the Customer Contact Centre. Set out below is a schedule of the proposed fees and charges.

Current Charge VAT Copy Documentation (to copy and forward) Current Charge Section Income Code (excluding VAT) (if applicable)

A1 sized (either non-legal document/ plan**) £4.51 £0.79 £5.30 per sheet All CFA 002 9308 (Development Control

A2 sized (either non-legal document/ plan**) £3.19 £0.56 £3.75 per sheet All documents)

CFE 001 9308 A3 sized (either non-legal document/ plan**) £2.13 £0.37 £2.50 per sheet All (Building Control

documents)

A4 sized (either non-legal document/ plan**) £1.30 for first sheet of £1.11 £0.19 All (first sheet of (first sheet of each document and 15p per sheet each document) each document) thereafter (including VAT)

A0 sized (either non-legal document/ plan**) Directorate £5.28 £0.92 £6.20 per sheet All cost centre

Agendas – Planning Committee £34.98 £6.12 £41.10 Corporate AKC 101 9646 Services

Council Minutes £34.98 £6.12 £41.10 Corporate AKC 101 9646 Services

Faxed copy of copy document £1.15 £0.20 £1.35 per faxed page plus All Directorate relevant copying fee cost centre

Legal notice (eg, Planning permission/decision £1.36 £0.24 £1.60 Planning CFA 002 9308 (Development Control) notice, enforcement notice, TPO, 106 agreement, per notice/certificate Services etc) where appropriate reference number is (flat rate) provided

Policy and Resources Committee – 22 February 2010 Page 554 Section 2 Copy Documents/Chargeable Enquiry Request Services

Current Charge VAT Copy Documentation (to copy and forward) Current Charge Section Income Code (excluding VAT) (if applicable)

Legal notice (eg, Planning permission/decision £10.51 £1.84 £12.35 Planning CFA 002 9308 (Development Control) notice, enforcement notice, TPO, 106 agreement, per notice/certificate Services building control approval notice etc) where (flat rate) CFE 001 9308 appropriate reference number is not provided (Building Control)

Ordnance Survey plan (6.no, A4 size) 1:500 £18.77 £3.28 1:500 £22.05 ICT AKT 002 9650 (Price for Urban or Rural unless specifically 1:1250 £23.49 £4.11 1:1250 £27.60 stated) 1:2500 £46.94 £8.21 1:2500 £55.15 (Urban), (Urban), £23.49 (Rural) £4.11 £27.60 (Rural)

Ordnance Survey plan (6.no, A3 size) 1:500 £23.49 £4.11 1:500 £27.60 ICT AKT 002 9650 (Price for Urban or Rural unless specifically 1:1250 £37.53 £6.57 1:1250 £44.10 stated) (Urban), (Urban), £28.17 (Rural) £4.93 £33.10 (Rural) 1:2500 £117.28 £20.52 1:2500 £137.80 (Urban), (Urban), £37.53 (Rural) £6.57 £44.10 (Rural)

Other Committee Agendas (combined) £47.83 £8.37 £56.20 Corporate AKC 111 9646 Services

Other Committee Agendas (per Committee) £12.68 £2.22 £14.90 Corporate AKC 111 9646 Services

Weekly list of planning applications received £166.08 £29.06 £195.14 Planning CFA 002 9308 (annum subscription) Services

Policy and Resources Committee – 22 February 2010 Page 555 Section 2 Copy Documents/Chargeable Enquiry Request Services

Current Charge VAT Copy Documentation (to copy and forward) Current Charge Section Income Code (excluding VAT) (if applicable)

Printing for Town and Parish Councils A4 (black/white) - £2.84 A4 (black/white) - Corporate AKC 101 9646 £16.21 per 1,000 £19.05 per 1,000 Services copies copies

A4 (colour) - £17.24 A4 (colour) - £115.75 £98.51 per 1,000 per 1,000 copies copies

Please note that information will only be released to the owner of the property or another party with the owner’s consent. ** Subject to copyright.

Policy and Resources Committee – 22 February 2010 Page 556 Section 3 Land Charges Services

Current Fee 2008/2009** Current Fee 2008/2009** VATable Local Land Charges – Zero Rated VAT Income Code (non-electronic) (electronic) Item (Y/N)

Official Search In any one part of the register £2.00 £2.00 N/A CKN 001 9393 In the whole of the register £6.00 £4.00 N/A CKN 001 9393 In addition for each parcel of land above one £1.00 £1.00 N/A CKN 001 9393 Supplementary Enquiries Part 1 Enquiries one parcel of land £126.00 £100.00 N/A CKN 001 9393 several parcels of land N/A CKN 001 9393 • first parcel of land £126.00 £100.00 N/A CKN 001 9393 • each additional parcel £18.50 £15.00 Part II Enquiries each printed enquiry £14.00 £12.00 N/A CKN 001 9393 each additional enquiry £24.00 £20.00 N/A CKN 001 9393 Personal Searches in the whole or part of the register £22.00 N/A N/A CKN 001 9393 in addition for each parcel of land above one £1.00 N/A N/A CKN 001 9393

Faxed copy of a search document £1.00 per faxed page (including VAT) N/A Yes CKN 001 9393 plus relevant copying fee and/or search fee

Policy and Resources Committee – 22 February 2010 Page 557 Section 3 Land Charges Services

Current Fee 2008/2009** Current Fee 2008/2009** VATable Local Land Charges – Zero Rated VAT Income Code (non-electronic) (electronic) Item (Y/N)

Supplementary Enquiries Package Enquires Building Control £9.00 £7.00 N/A CKN 001 9393 Environmental Health £9.00 £7.00 N/A CKN 001 9393 Highways £17.00 £17.00 N/A CKN 001 9393 Planning £110.00 £87.00 N/A CKN 001 9393

statutory fee ** National Land Information Service (NLIS) may also add an administrative fee for use of their service

NB: VAT is now charged on the electronic transmission of the pricing differential.

National Land Information Service (NLIS) is a joined-up government initiative to automate the processing of local land charge searches (LLC1 and CON29)

Policy and Resources Committee – 22 February 2010 Page 558 Section 4 Waste Management Services

Household Bulky Waste Collection

Current Charge VAT (if applicable) Current Charge Income Code (excluding VAT) Up to 7 items £21.00 N/A £21.00 CAA 002 9311

Ancillary Services

Current Charge Item VAT (if applicable) Current Charge Income Code (excluding VAT)

Septic Tanks (per visit)* (VAT zero rated)

• For the first 4,546 litres £130.00 N/A £130.00 N/A • For each subsequent 4,546 litres £83.00 N/A £83.00 N/A

*Service carried out by Cory Environmental Municipal Services – customer makes payment directly to them.

Clinical Waste Service

Current Charge Current Charge Item VAT (if applicable) Income Code (excluding VAT) (including VAT) Domestic Customers Free of charge N/A Free of charge N/A

Commercial Customers (per collection) £8.85 per collection £1.55 £10.40 per collection CAA 006 9312

Landfill waste £0.98 per Unit Landfill £0.17 Landfill £1.15 Incineration Commercial Customers (disposal charges) waste(sharps) £4.13 Incineration £0.72 Incineration £4.85 CAA 006 9398 per unit Incineration waste(sacks) £1.83 per Incineration £0.32 Incineration £2.15 unit

Policy and Resources Committee – 22 February 2010 Page 559 Section 4 Waste Management Services

Commercial Waste Service

Current Charge Current Charge Item VAT (if applicable) Income Code (excluding VAT) (including VAT)

1 roll of 25 Sacks £30.00 £5.25 £35.25 CAA 009 9313 (For Businesses subject to collection and disposal charges)

1 roll of Cardboard tape £52.17 £9.13 £61.30 CAA 009 9313 (For Businesses subject to collection and disposal charges)

1 roll of 25 Sacks £22.00 £3.85 £25.85 CAA 009 9313 (For Businesses subject to collection charges only)

1 roll of Cardboard tape £38.00 £6.65 £44.65 CAA 009 9313 (For Businesses subject to collection charges only)

Note: Businesses subject to collection charges only are defined within The Controlled Waste Regulations 1992

Current Charge Current Charge Item VAT (if applicable) Income Code (excluding VAT) (including VAT)

Annual fee for businesses to dispose of recyclable materials at Rushden and £17.02 £2.98 £20.00 CAA 008 9111 Oundle Recycling Centres

Policy and Resources Committee – 22 February 2010 Page 560 Section 4 Waste Management Services

Abandoned Vehicles

Since April 2005, East Northamptonshire Council has been a part of the County based End Of Life Vehicle Impound Scheme (E.L.V.I.S.) which tackles the problem of abandoned and untaxed vehicles. This is a County based scheme which is operated in partnership with Northamptonshire Police, Northamptonshire County Fire Service, Northamptonshire County Council, all District and Borough Councils and the Driver Vehicle Licensing Authority (DVLA). The scheme is administered by Northamptonshire Police so East Northamptonshire Council will not be processing any monies for the retrieval of vehicles. Charges made for the collection of vehicles will be paid directly to the removal contractor.

Item Current Charge VAT (if Current Charge Income Code (excluding VAT) applicable) (including VAT)

Vehicle equal to or less than Vehicle on road, upright and not £150.00 N/A £150.00 N/A 3.5 tonnes MAM substantially damaged or any Vehicle exceeding 3.5 but two wheeled vehicle whatever £200.00 N/A £200.00 N/A equal to or less the 7.5 tonnes it’s condition or position on or MAM off the road Vehicle exceeding 7.5 but £350.00 N/A £350.00 N/A equal to or less than 18

tonnes MAM

Vehicle exceeding 18 tonnes £350.00 N/A £350.00 N/A MAM

Vehicle equal to or less than Vehicle, excluding a two £250.00 N/A £250.00 N/A 3.5 tonnes MAM wheeled vehicle, on road but Vehicle exceeding 3.5 but either not upright or £650.00 N/A £650.00 N/A equal to or less the 7.5 tonnes substantially damaged or both MAM Vehicle exceeding 7.5 but Unladen - £2000 N/A Unladen - £2000 N/A equal to or less than 18 Laden - £3000 Laden - £3000 tonnes MAM

Vehicle exceeding 18 tonnes Unladen - £3000 N/A Unladen - £3000 N/A MAM Laden - £4500 Laden - £4500

= statutory fee

Policy and Resources Committee – 22 February 2010 Page 561 Section 4 Waste Management Services

Item Current Charge VAT (if Current Charge Income Code (excluding VAT) applicable) (including VAT)

Vehicle equal to or less than Vehicle, excluding a two £200.00 N/A £200.00 N/A 3.5 tonnes MAM wheeled vehicle, off road, Vehicle exceeding 3.5 but upright and not substantially £400.00 N/A £400.00 N/A equal to or less the 7.5 tonnes damaged MAM

Vehicle exceeding 7.5 but Unladen - £1000 N/A Unladen - £1000 N/A equal to or less than 18 Laden - £1500 Laden - £1500 tonnes MAM

Vehicle exceeding 18 tonnes Unladen - £1500 N/A Unladen - £1500 N/A MAM Laden - £2000 Laden - £2000

Vehicle equal to or less than Vehicle, excluding a two £300.00 N/A £300.00 N/A 3.5 tonnes MAM wheeled vehicle, off road but Vehicle exceeding 3.5 but either not upright or £850.00 N/A £850.00 N/A equal to or less the 7.5 tonnes substantially damaged or both MAM Vehicle exceeding 7.5 but Unladen - £3000 N/A Unladen - £3000 N/A equal to or less than 18 Laden - £4500 Laden - £4500 tonnes MAM

Vehicle exceeding 18 tonnes Unladen - £4500 N/A Unladen - £4500 N/A MAM Laden - £6000 Laden - £6000

= statutory fee

Policy and Resources Committee – 22 February 2010 Page 562 Section 4 Waste Management Services

Item Current Charge VAT (if Current Charge Income Code (excluding VAT) applicable) (including VAT)

Two wheeled vehicle £10.00 N/A £10.00 N/A Storage of vehicles per 24 hours, up to a maximum of 7 Vehicle, not including a two days wheeled vehicle equal to or £20.00 N/A £20.00 N/A less than 3.5 tonnes MAM Vehicle exceeding 3.5 but equal to or less the 7.5 tonnes £25.00 N/A £25.00 N/A MAM Vehicle exceeding 7.5 but equal to or less than 18 £30.00 N/A £30.00 N/A tonnes MAM Vehicle exceeding 18 tonnes £35.00 N/A £35.00 N/A MAM

Two wheeled vehicle £50.00 N/A £50.00 N/A Disposal of vehicles

Vehicle, not including a two wheeled vehicle equal to or £75.00 N/A £75.00 N/A less than 3.5 tonnes MAM Vehicle exceeding 3.5 but equal to or less the 7.5 tonnes £100.00 N/A £100.00 N/A MAM Vehicle exceeding 7.5 but equal to or less than 18 £125.00 N/A £125.00 N/A tonnes MAM Vehicle exceeding 18 tonnes £150.00 N/A £150.00 N/A MAM

= statutory fee

Policy and Resources Committee – 22 February 2010 Page 563 Section 5 Environmental Services

General Services

Current Charge VAT Current Charge Income Code Services (excluding VAT) (if applicable) (including VAT)

1 Drainage investigations £78.48 £13.73 £92.21 CAV 002 9390

2 Stray Dogs : First time detained (plus kennelling costs) £38.00 N/A £38.00 CAV 001 9647 Subsequent Occasions (plus kennelling costs) £70.00 N/A £70.00

3 Anti-Barking Collar £9.23 per week £1.62 £10.85 per week, CAV 001 9390 plus £15.00 deposit plus £15.00 deposit

4 Removal of Condemned Food £132.04 £23.11 £155.15 CAR 001 9397

5 Export Food Certificate £91.79 £16.06 £107.85 CAR 001 9399

6 Health and Safety Accident Investigation Reports £140.34 £24.56 £164.90 CAR 002 9399

7 Contaminated Land - Search of East Northamptonshire Council’s records of historic land See Section 1 – General Research/Written Confirmation Request Services use which may have potential for contamination

8 Basic Food Hygiene Training Course CAS 001 9390 £52.00 N/A £52.00 (per person)

9 Basic Health and Safety Training Course CAS 002 9382 £52.00 N/A £52.00 (per person)

A concession may be applied to customers requesting the above services if they produce evidence that they are currently in receipt of any of the following income related benefits:

Income support Income based job seekers allowance (not contribution based) Working families tax credit Housing benefit Council tax benefit (not single occupancy discount or second home/vacant property discount)

Policy and Resources Committee – 22 February 2010 Page 564 Section 5 Environmental Services

Pest Control Services

Current Charge VAT Current Charge Income Code Services (excluding VAT) (if applicable) (including VAT)

10 Domestic Premises - Rats Free of charge N/A Free of charge

11 Domestic Premises - Mice Call out and treatment £47.66 £8.34 £56.00 CAT 001 9388

Call out only £12.77 £2.23 £15.00

12 Domestic Premises - Cockroaches Call out and treatment £45.11 £7.89 £53.00 CAT 001 9389

Call out only £12.77 £2.23 £15.00

13 Domestic Premises - Fleas Call out and treatment £74.89 £13.11 £88.00 CAT 001 9389

Call out only £12.77 £2.23 £15.00

14 Domestic Premises - Wasps Call out and treatment £45.11 £7.89 £53.00 CAT 001 9395 Call out only £12.77 £2.23 £15.00

15 Domestic Premises - Insect Pests including Ants, Carpet Beetles Call out and treatment £45.11 £7.89 £53.00 CAT 001 9389 Call out only £12.77 £2.23 £15.00

A concession may be applied to customers requesting the above services if they produce evidence that they are currently in receipt of any of the following income related benefits:

Policy and Resources Committee – 22 February 2010 Page 565 Section 5 Environmental Services

Current Charge VAT Current Charge Income Code Services (excluding VAT) (if applicable) (including VAT)

16 Commercial Premises - Rats/Mice £55.32 per hour plus £9.68 £65.00 per hour plus cost of pesticide and VAT CAT 001 9390 Cost of pesticide

17 Commercial Premises - Wasps £55.32 per hour plus £9.68 £65.00 per hour CAT 001 9390 plus cost of pesticide and VAT Cost of pesticide

18 Commercial Premises - Fleas £85.11 per hour plus £14.89 £100.00 per hour CAT 001 9390 plus cost of pesticide and VAT Cost of pesticide

19 Commercial Premises - Insect Pests £55.32 per hour plus £9.68 £65.00 per hour plus cost of pesticide and VAT CAT 001 9390 (including cockroaches, ants) cost of pesticide

20 Fixed term pest control contracts with Commercial Premises are priced individually.

Fixed Penalty Fines

Item Current Charge VAT Current Charge Income Code (including VAT)

21 Offences under Dog Control Orders £75.00 N/A £75.00 CAV 001 9391

Environmental Protection Act 1990 – 22 £75.00 N/A £75.00 CAB 001 9392 Littering

23 Failure to comply with waste receptacle £100.00 N/A £100.00 CAA 001 9392 notice

Policy and Resources Committee – 22 February 2010 Page 566 Section 5 Environmental Services

Item Current Charge VAT Current Charge Income Code (including VAT)

24 Failure to comply with Street Litter control £100.00 N/A £100.00 CAB 001 9392 notice

25 Failure to comply with litter clearing notice £100.00 N/A £100.00 CAB 001 9392

26 Failure to Produce Waste documents £300.00 N/A £300.00 CAA 001 9629

27 Failure to produce authority to transport £300.00 N/A £300.00 CAA 001 9629 waste

28 Unauthorised distribution of free printed £75.00 N/A £75.00 CAB 001 9392 matter

29 Noise from licensed premises Alarms - £78.75 Alarms - £78.75 Domestic Premises £105 N/A Domestic Premises £105 CAV 005 9151 Licensed Premises £525 Licensed Premises £525

Licensing Services – Zero rated VAT

Current Charge VAT Current Charge Income Code Services (excluding VAT) (if applicable) (including VAT)

30 Animal Boarding Commercial £174.00 N/A £174.00 CKN 002 9624

31 Animal Boarding Domestic Home £126.00 N/A £126.00 CKN 002 9624

32 Dangerous Wild Animals ** £169.00 N/A £169.00 CKN 002 9628

33 Zoo Licence £475.00 N/A £475.00

Policy and Resources Committee – 22 February 2010 Page 567 Section 5 Environmental Services

Current Charge VAT Current Charge Services Income Code (excluding VAT) (if applicable) (including VAT)

34 Dog Breeding Establishment ** £169.00 N/A £169.00 CKN 002 9625

35 Ear Piercing, Acupuncture, Electrolysis, Skin colouring and Tattooing – Personal £47.00 N/A £47.00 CKN 002 9621

Premises £205.00 N/A £205.00 CKN 002 9621

36 Sex Shops - Application £1050.00 N/A £1050.00

Renewal £283.00 N/A £283.00

37 Street Trading £508.00 N/A £508.00 CKN 002 9690

38 Pet Shops £174.00 N/A £174.00 CKN 002 9626

39 Riding Establishments ** £206.00 N/A £206.00 CKN 002 9627

40 Small Lottery – Annual Renewal £20.00 N/A £20.00 CKN 002 9611

41 Small Lottery – Registration £40.00 N/A £40.00 CKN 002 9611

42 Hackney Carriage: Vehicle Licence £251.00 N/A £251.00 CKN 003 9618

Hackney Carriage: Drivers Licence £80.00 N/A £80.00 CKN 003 9672 (usually 2 year licence) Plus CRB Fee £36.00 N/A £36.00 CKN 003 9601

Policy and Resources Committee – 22 February 2010 Page 568 Section 5 Environmental Services

Current Charge VAT Current Charge Services Income Code (excluding VAT) (if applicable) (including VAT)

43 Private Hire: Vehicle Licence £251.00 N/A £251.00 CKN 003 9619

Private Hire: Driver’s Licence (usually a 2 year licence) £80.00 N/A £80.00 CKN 003 9672

£36.00 N/A £36.00 CKN 003 9601 Plus CRB Fee

Private Hire: Operator’s Licence (usually a 2 year £152.00 N/A £152.00 CKN 003 9673 licence) Plus CRB Fee £36.00 N/A £36.00 CKN 003 9601

44 Trailer: for Private Hire CKN 003 9619 £116.00 N/A £116.00 for Hackney carriage vehicle CKN 003 9618

45 Replacement Badge and Plate £20.00 N/A £20.00 CKN 003 9620

46 Motor Salvage Repair Registration £148.00 N/A £148.00 CKN 003 9622

47 Houses in Multiple Occupation: Mandatory Licence Application Fee per £399.00 N/A £399.00 CKN 002 9633 property (covers a 5 year period)

Inspection and Report of Property for £93.62 £16.38 £110.00 CDG 006 9684 Immigration purposes

48 Temporary Plate Private Hire £100.00 N/A £100.00 CKN 003 9619

49 Temporary Plate Hackney Carriage £100.00 N/A £100.00 CKN 003 9619

Policy and Resources Committee – 22 February 2010 Page 569 Section 5 Environmental Services

* The first registration fee of £195 includes both a business and person registration. For every person thereafter a further £195 is applicable.

** excludes Veterinary Inspection charge

Local Air Pollution Control (LAPC) and Local Authority Pollution Prevention and Control (LAPPC) Services (Income code CAV 007 9629)

Local Air Pollution Control (LAPC) and Local Authority Pollution Prevention and Control (LAPPC) Mobile Plant Charges (Income code CAV 007 9629)

Local Authority Integrated Pollution Prevention and Control (LA-IPPC) Services (Income code CAV 007 9629)

These are statutory fees set by the Department for Environment, Food and Rural Affairs (Defra) but the 2009/10 fees have not yet been notified to the Council. When they are received they will be posted on the Council’s website.

VAT is not applicable to any of these charges.

= statutory fee

Policy and Resources Committee – 22 February 2010 Page 570 Section 6 Tourist Information Centre Services

Current Charge VAT Current Charge Services Income Code (excluding VAT) (if applicable) (including VAT)

1 Fax Transmissions:

• Incoming £0.68 £0.12 £0.80 CKV 500 9267

• Outgoing £1.15 for the first sheet £0.20 £1.35 for the first sheet, £0.68 for each sheet thereafter £0.12 £0.80 for each sheet thereafter CKV 500 9267

Photocopying : (For customer owned and supplied documents only. Council documents 2 will be charged at the standard rate as per Section 2)

• A4 size £0.13 £0.02 £0.15 per sheet CKV 500 9267

• A3 Size £0.30 £0.05 £0.35 per sheet CKV 500 9267

3 Window Bookings – Local Crafts:

• Local Crafts sold at TIC Calculate VAT inclusive Yes 10% commission CKV 500 9271 Commission Fee (VAT applicable on TIC commission only)

• Sale of Local arts/crafts on sale or return Calculate VAT inclusive Yes 10 - 20% commission CKV 500 9271 basis (duration by agreement) Commission Fee (VAT applicable on (dependent on product) TIC commission only)

Policy and Resources Committee – 22 February 2010 Page 571 Section 6 Tourist Information Centre Services

VAT Current Charge Services Current Charge Income Code (if applicable) (including VAT)

4 Guidelines to Ticket Sale Charges:

The TIC provides a ticket sale service to No commission fee No No commission fee non-profit/charitable organisations (within East Northamptonshire only). For tickets received by the TIC for one event which do not exceed £210 in total value:

Tickets received in one or more batches Calculate VAT Yes 10% CKV 500 9285 by the TIC for sale from non- inclusive Commission Fee profit/charitable organisations for one Commission Fee event which exceed £210 in value will have a commission charged on the total amount. This charge reflects the additional time/costs involved in managing larger quantities of tickets with significant values of money. The above rule shall not apply to ticket sales for events which raise money for the Chairman of East Northamptonshire Council’s annual chosen charities.

Tickets received from profit making Calculate VAT Yes 10% CKV 500 9285 organisations will be subject to a inclusive Commission Fee commission fee, regardless of face value. Commission Fee

Policy and Resources Committee – 22 February 2010 Page 572 Section 6 Tourist Information Centre Services

Current Charge VAT Current Charge Services Income Code (excluding VAT) (if applicable) (including VAT)

5 Accommodation Booking Charges:

Calculate VAT inclusive 10% of 1st night plus • Local Accommodation Booking Service Yes CKV 500 9265 Commission Fee £2.00 additional fee

for telephone bookings

Policy and Resources Committee – 22 February 2010 Page 573 Section 7 Planning Services – Development Control, Enforcement and Conservation

Town and Country Planning Fees

Charges for Making Planning Applications

It is necessary to pay a fee for the majority of applications for planning permission.

The details attached show only the general requirements. Should you wish to refer to the relevant statute you should obtain The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008.

The Government make adjustments periodically to adjust the scale of charges in line with inflation.

Where the regulations require a fee to be paid, that fee must be paid when the application is made. Until the correct fee has been submitted your application cannot be fully dealt with.

Cheques in payment of these fees are to be crossed and made payable to East Northamptonshire Council.

All correspondence should be addressed to Head of Planning Services, East Northamptonshire Council, East Northamptonshire House, Cedar Drive, Thrapston, Northamptonshire, NN14 4LZ. DX: 701611 Thrapston Tel: (01832) 742225 Fax: (01832) 734839 e-mail: [email protected]

Policy and Resources Committee – 22 February 2010 Page 574 Section 7 Planning Services – Development Control, Enforcement and Conservation

Statutory Charges - Schedule of Planning Fees (Income Code CFA 002 9300)

Category of Development Fee Payable

i. Operations

1. The erection of dwellinghouses (other than (a) Where the application is for outline planning permission and

development within category 6 below). (i) the site area does not exceed 2.5 hectares, £335 for

each 0.1 hectare of the site area;

(ii) the site area exceeds 2.5 hectares, £8,285 and an additional £100 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £125,000.

(b) in other cases –

(i) where the number of dwellinghouses to be created by the development is 50 or fewer, £335 for each dwellinghouse;

(ii) where the number of dwellinghouses to be created by the development exceeds 50, £16,565, and an additional £100 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £250,000.

Policy and Resources Committee – 22 February 2010 Page 575 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable

2. The erection of buildings (other than buildings in (a) Where the application is for outline planning permission and

categories 1,3,4,5 or 7.) (i) the site area does not exceed 2.5 hectares, £335 for each 0.1 hectare of the site area;

(ii) the site area exceeds 2.5 hectares, £8,285, and an additional £100 for each 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £125,000.

(b) in other cases –

(i) where no floor space is to be created by the development, £170;

(ii) where the area of gross floor space to be created by the development does not exceed 40 square metres, £170;

(iii) where the area of the gross floor space to be created by the development exceeds 40 square metres, but does not exceed 75 square metres, £335;

(iv) where the area of the gross floor space to be created by the development exceeds 75 square metres, but does not exceed 3750 square metres, £335 for each 75 square metres of that area;

Policy and Resources Committee – 22 February 2010 Page 576 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable

(v) where the area of gross floor space to be created by the development exceeds 3750 square metres, £16,565, and an additional £100 for each 75 square metres in excess of 3750 square metres, subject to a maximum in total of £250,000.

3. The erection, on land used for the purposes of (a) Where the application is for outline planning permission and agriculture, of buildings to be used for agricultural –

purposes (other than buildings in category 4): (i) the site area does not exceed 2.5 hectares, £335 for each 0.1 hectare of the site area;

(ii) the site area exceeds 2.5 hectares, £8,285, and an additional £100 for each additional 0.1 hectare in excess of 2.5 hectares, subject to a maximum in total of £125,000.

(b) in other cases –

(i) where the area of gross floor space to be created by the development does not exceed 465 square metres, £70;

(ii) where the area of gross floor space to be created by the development exceeds 465 square metres but does not exceed 540 square metres, £335;

Policy and Resources Committee – 22 February 2010 Page 577 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable (iii) where the area of the gross floor space to be created by the development exceeds 540 square metres but does not exceed 4215 square metres, £335 for the first 540 square metres, and an additional £335 for each 75 square metres in excess of 540 square metres; and

(iv) where the area of gross floor space to be created by the development exceeds 4215 square metres, £16,565, and an additional £1080 for each 75 square metres in excess of 4215 square metres, subject to a maximum in total of £250,000.

4. The erection of glasshouses on land used for the (a) where the gross floor space to be created by the purposes of agriculture. development does not exceed 465 square metres, £70;

(b) where the gross floor space to be created by the development exceeds 465 square metres, £1,870.

5. The erection, alteration or replacement of plant or (a) where the site area does not exceed 5 hectares, £335 for machinery. each 0.1 hectare of the site area;

(b) where the site area exceeds 5 hectares, £16,565, and an additional £100 for each 0.1 hectare in excess of 5 hectares, subject to a maximum in total of £250,000.

Policy and Resources Committee – 22 February 2010 Page 578 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable 6. The enlargement, improvement or other alteration (a) where the application relates to one dwellinghouse, £150; of existing dwellinghouses. (b) where the application relates to 2 or more dwellinghouses, £295.

7.(a) The carrying out of operations (including the £150. erection of a building) within the curtilage of an existing dwellinghouse, for purposes ancillary to the enjoyment of the dwellinghouse as such, or the erection or construction of gates, fences, walls or other means of enclosure along a boundary of the curtilage of an existing dwellinghouse;

7.(b) the construction of car parks, service roads and £170 other means of access on land used for the purposes of a single undertaking, where the development is required for a purpose incidental to the existing use of the land.

8. The carrying out of any operations connected with (a) where the site area does not exceed 7.5 hectares, £335 for exploratory drilling for oil or natural gas. each 0.1 hectares of the site area;

(b) where the site area exceeds 7.5 hectares, £25,000, and an additional £100 for each 0.1 hectare in excess of 7.5 hectares, subject to a maximum in total of £250,000.

Policy and Resources Committee – 22 February 2010 Page 579 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable

9. The carrying out of any operations not coming (a) in the case of operations for the winning and working of within any of the above categories. minerals –

(i) where the site area does not exceed 15 hectares, £170 for each 0.1 hectare of the site area;

(ii) where the site area exceeds 15 hectares, £25,315, and an additional £100 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £65,000;

(b) in any other case, £170 for each 0.1 hectare of the site area, subject to a maximum of £250,000.

ii. Uses of Land

10. The change of use of a building to use as one or (a) where the change of use is from a previous use as a single more separate dwellinghouses. dwellinghouse to use as two or more single dwellinghouses-

(i) where the change of use is to use as 50 or fewer dwellinghouses, £335 for each additional dwellinghouse;

Policy and Resources Committee – 22 February 2010 Page 580 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Development Fee Payable (ii) where the change of use is to use as more than 50 dwellinghouses £16,565, and an additional £80 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £250,000;

(b) in all other cases-

(i) where the change of use is to use as 50 or fewer dwellinghouses, £335 for each dwellinghouse;

(ii) where the change of use is to use as more than 50 dwellinghouses £16,565, and an additional £100 for each dwellinghouse in excess of 50 dwellinghouses, subject to a maximum in total of £250,000. 11. (a) The use of land for the disposal of refuse or (a) where the site area does not exceed 15 hectares, £170 for waste materials or for the deposit of material each 0.1 hectare of the site area; remaining after minerals have been extracted from land; or

11. (b) for use of land for the storage of minerals in the (b) where the site area exceeds 15 hectares £25,315, and an open. additional £100 for each 0.1 hectare in excess of 15 hectares, subject to a maximum in total of £65,000. 12. The making of a material change in the use of a £335 building or land (other than a material change of use coming within any of the above categories). 13. Prior Notification for Agricultural Buildings or works, £70 demolition of dwellings or installation of telecommunications equipment.

Scale of Fees in Respect of Applications for Consent to Display Advertisements (Income Code CFA 002 9300)

Policy and Resources Committee – 22 February 2010 Page 581 Section 7 Planning Services – Development Control, Enforcement and Conservation

Category of Advertisement Fee payable

1. Advertisements displayed on business premises on the forecourt of business premises or on other land £95

within the curtilage of business premises, wholly with reference to all or any of the following:

(a) the nature of the business or other activity carried on, on the premises, (b) the goods sold or the services provided on the premises, or (c) the name and qualifications of the person carrying on such business or activity or supplying such goods or services.

2. Advertisements for the purpose of directing members of the public to, or otherwise drawing attention to the £95 existence of, business premises which are in the same locality as the site on which the advertisement is to be displayed but which are not visible from that site.

3. All other advertisements. £335

NOTES

1. The above scale of fees is operative in respect of applications received by the local planning authority. 2. Where fees are based on site or floor area and this is not an exact multiple of the specified fee area, the fees are calculated on the next full increment.

Policy and Resources Committee – 22 February 2010 Page 582 Section 7 Planning Services – Development Control, Enforcement and Conservation

Scale of Fees for Public Path Orders (Income Code AKC 120 9390)

Content of Order Fee payable

1. Where Order relates to the creation, diversion or stopping-up of one public path. £400 - £1,000 (dependent upon the complexity) plus advert costs

2. For each additional public path created, diverted or stopped-up within the same Order. £75

Applications made under the High Hedges Regulations (Income Code CFA 002 9300)

Application Fee payable

1. Provision for Local Authority to determine complaints by owners/occupiers of domestic £375 (payable by property adversely affected by evergreen hedges over 2 metres high. complainant)

Scale of Fees for Discharge of Conditions (Income Code CFA002 9300)

Content of Order Fee payable

1. Fee for the discharge of planning conditions for householders £25.00

2. Fee for the discharge of planning conditions for non householders £85.00

Policy and Resources Committee – 22 February 2010 Page 583 Section 7 Planning Services – Development Control, Enforcement and Conservation

Notes on Calculation of Fees

1. Reserved matters (following an outline permission) Where an applicant has submitted earlier reserved matter applications and the total fees for these equal the fee for a full application for the entire scheme, further reserved matters applications by the same applicant on the same scheme will be charged at a flat rate, as per the fees detailed

above. 2. Alternative Applications In order not to discourage the submission of alternative proposals for the same site there is a fee concession for applications for alternative development. However, to qualify for the reduced rate each application must be submitted on the same day, or on behalf of, the same applicant. If this is the case, the highest of the fees applicable for each alternative application is charged plus a sum equal to half the rest.

3. Buildings on the Site of Demolished Buildings Where an existing building is to be demolished and rebuilt on the same site, there is no “credit” against the fee for the new building e.g. demolition of an office block of 1,000 sq. m. and replacement by a new building of 2,000 sq. m. would require a fee for the total floor space created by the new development i.e. 2,000 sq. m.

4. Retrospective Applications In cases where work has been carried out without planning permission and a retrospective application is made, the normal fee will be charged.

5. Advertisements The provisions of note 4(b), (c) and (d) of Section B also apply to advertisement applications.

Where the application is for the display of more than one advertisement on the same site, only one fee is payable and that shall be the highest fee for any of the advertisements to be displayed.

Where an application is for consent to display advertisements on more than one site the fee payable shall be the aggregate of the sums payable on each site.

For applications for consent for the display of advertisements on litter bins or bus shelters within a specified area a single fee is payable in respect of all advertisements covered by the application.

6. Applications for Certificate of Lawful Use or Development If the use or development is established (i.e. has an existing Certificate of Established Use) then half the normal fee is payable.

If an application covers items 25 and 26 in these notes the fee that must be paid is the sum of the two fees calculated for the two sections (i.e. as if an application had been made under each section separately.

Policy and Resources Committee – 22 February 2010 Page 584 Section 8 Planning Services – Building Control

Table A Charges for Houses & Flats up to 3 Storeys and 300sq metres (Excluding garages & car ports) (Income code CFE 001 9303)

Full plans application Fee Full plans inspection Fee Building Notice Fee Number of (payable on submission) (Invoiced on commencement) (Payable on submission) dwellings VAT Total VAT Total VAT Total £ £ £ £ £ £ £ £ £ 1 157.50 27.56 185.05 456.71 79.92 536.63 614.21 107.49 721.70 2 215.25 37.67 252.92 608.97 106.57 715.54 824.21 144.24 968.45 3 283.50 49.61 333.11 757.02 132.48 889.50 1,040.51 182.09 1,222.60 4 351.75 61.56 413.31 865.17 151.40 1,016.57 1,216.91 212.96 1,429.87 5 425.25 74.42 499.67 951.27 166.47 1,117.74 1,376.51 240.89 1,617.40 6 498.75 87.28 586.03 1,061.51 185.76 1,247.27 1,560.26 273.05 1,833.31 7 519.75 90.96 610.71 1,129.77 197.71 1,327.48 1,649.51 288.66 1,938.17 8 540.75 94.63 635.38 1,307.22 228.76 1,535.98 1,847.97 323.39 2,171.36 9 561.75 98.31 660.06 1,484.67 259.82 1,744.49 2,046.42 358.12 2,404.54 10 567.00 99.23 666.23 1,678.91 293.81 1,972.72 2,245.91 393.03 2,638.94 11 572.25 100.14 672.39 1,833.27 320.82 2,154.09 2,405.51 420.96 2,826.47 12 577.50 101.06 678.56 1,986.57 347.65 2,334.22 2,564.06 448.71 3,012.77 13 582.75 101.98 684.73 2,141.97 374.84 2,516.81 2,724.71 476.82 3,201.53 14 588.00 102.90 690.90 2,269.02 397.08 2,666.10 2,857.02 499.98 3,357.00 15 593.25 103.82 697.07 2,422.31 423.30 2,846.21 3,015.56 527.72 3,543.28 16 598.50 104.74 703.24 2,575.62 450.73 3,026.35 3,174.11 555.47 3,729.58

Policy and Resources Committee – 22 February 2010 Page 585 Section 8 Planning Services – Building Control

Full plans application Fee Full plans inspection Fee Building Notice Fee Number of (payable on submission) (Invoiced on commencement) (Payable on submission) dwellings VAT Total VAT Total VAT Total £ £ £ £ £ £ £ £ £ 17 603.75 105.66 709.41 2,728.91 477.56 3,206.47 3,332.66 583.22 3,915.88 18 609.00 106.58 715.58 2,882.22 504.39 3,386.61 3,491.22 610.96 4,102.18 19 614.25 107.49 721.14 3,000.87 525.15 3,526.02 3,615.11 632.64 4,247.75 20 619.50 108.41 727.91 3,152.07 551.61 3,703.68 3,771.57 660.02 4,431.59 21 630.00 110.25 740.25 3,222.42 563.92 3,786.34 3,852.42 674.17 4,526.59 22 640.50 112.09 752.59 3,329.51 582.66 3,912.17 3,970.01 694.75 4,664.76 23 651.00 113.93 764.93 3,436.62 601.01 4,038.03 4,087.62 715.33 4,802.95 24 661.50 115.76 777.26 3,543.71 620.15 4,163.86 4,205.21 735.91 4,941.12 25 672.00 117.60 789.60 3,651.87 639.08 4,290.95 4,323.87 756.68 5,080.55 26 682.50 119.44 801.94 3.758.97 657.82 4,416.79 4,441.46 777.26 5,218.72 27 693.00 121.28 814.28 3,866.07 676.56 4,542.63 4,559.07 797.84 5,356.91 28 703.50 123.11 826.61 3,973.17 695.30 4,668.47 4,676.66 818.42 5,495.08 29 714.00 124.95 838.95 4,080.27 714.05 4,794.32 4,794.27 839.00 5,633.27 30 724.50 126.79 851.29 4,187.37 732.79 4,920.16 4,911.86 859.58 5,771.44

735.00 + 5.25 per 4,274.00 + 78.75 5,009.00 + 84.00 31 & over extra dwelling plus 17.5% per extra dwelling plus 17.5% per extra dwelling plus 17.5%

Any property with a floor area in excess of 300m2 the charge will be in accordance with Table C and based upon the RICS schedule of agreed rates.

Plan Charges for repetitive buildings may be subject to a reduction please ring the Building Control Office Manager on 01832 742122

Policy and Resources Committee – 22 February 2010 Page 586 Section 8 Planning Services – Building Control

Table B Charges for Certain Small Buildings, Extensions and Alterations

Full Plans Application fee Full Plans Inspection fee Building Notice Fee TYPE OF WORK (payable on submission) (Invoiced on commencement) (Payable on submission) £ VAT £ Total £ £ VAT £ Total £ £ VAT £ Total £

Detached/attached 130.43 22.83 153.26 0.00 0.00 0.00 130.43 22.83 153.26 garage or car port under 40m 2

Detached/attached 273.04 47.78 320.82 0.00 0.00 0.00 273.04 47.78 320.82 garage or car port over 2 2 40m and under 60m

Domestic extension 2 303.48 53.11 356.59 0.00 0.00 0.00 303.48 53.11 356.59 under 10m

Domestic extension over 2 2 130.43 22.83 153.26 303.48 53.11 356.59 433.91 75.63 509.84 10m and under 40m

Domestic extension over 2 2 130.43 22.83 153.26 451.30 78.98 530.28 581.74 101.80 683.54 40m and under 60m

Upgrading thermal 65.22 11.41 76.63 0.00 0.00 0.00 65.22 11.41 76.63 elements (roo fs, walls, windows, doors)

Garage conversions should be assessed in accordance with Table C and are subject to a minimum charge of £220.00 plus £38.50 vat Total = £258.50.

CHARGES for applications relating to: • Any domestic extension or rooms in roof space exceeding 60m 2 should be assessed in accordance with Table C. However the total charge will not be less than the maximum charge shown in Table B (£581.74 plus £101.80 VAT, total £683.54). • PLAN CHARGES for repetitive buildings may be subject to a reduction, please ring the Building Control Helpline 01832 742139. • Floor area is the total of the floor areas in all the storeys of an extension measuring to the internal faces of external walls. If the work involves more one than extension you may aggregate the area of all the floors in the extension to determine the fees. • For registration of an exempt building there is a charge of £25.00 including VAT. Please note that you must send this amount with the application.

Policy and Resources Committee – 22 February 2010 Page 587 Section 8 Planning Services – Building Control

Table C1 - Charges for all Other Building Work

NB An estimate of the relevant value of the building work is to be submitted to establish the charges to which this schedule applies

Full plans application fee Full plans inspection fee Building Notice fee Total Value (payable on submission) (Invoiced on commencement) (payable on submission) VAT Total VAT Total VAT Total £ £ £ £ £ £ £ £ £ £ 0-500 85.00 14.88 99.88 0.00 0.00 0.00 85.00 14.88 99.88 501-2000 120.00 21.00 141.00 0.00 0.00 0.00 120.00 21.00 141.00 2001-5000 55.00 9.63 64.63 165.00 28.88 193.88 220.00 38.50 258.50 5001-10000 66.24 11.59 77.83 198.75 34.78 233.53 264.99 46.37 311.36 10001-15000 77.50 13.56 91.06 232.50 40.69 273.19 309.99 54.25 364.24 15001-20000 87.50 15.31 102.81 262.50 45.94 308.44 349.99 61.25 411.24 20001-25000 97.50 17.06 114.56 292.50 51.19 343.69 390.00 68.25 458.25 25001-100000 £97.50* +£2* for every £1000 over 25K £292.50* +£6* for every £1000 over 25K £390* +£8* for every £1000 over 25K £247.50* +0.88p* for every £1000 over £742.50* + £2.62* for every £1000 over 100,001-1million £990* + £3.50* for every £1000 over 100K 100K 100K

1 to 10 million Please contact the Building Control Office for a quotation in this instance

* Plus VAT

Plan Charges for repetitive buildings may be subject to a reduction, please ring the Building Control Helpline 01832 742139.

Where the extension to a dwelling has a floor area exceeding 60m 2 and is calculated as this table the minimum charge shall not be less than £581.74 plus £101.80 VAT, Total £683.54.

Replacement window and door installations for commercial buildings are charged at 50% the above schedule rates subject to a minimum charge of £75.00 including VAT.

Re-roofing work charges for domestic and commercial building at 50% of the above scheduled rates subject to a minimum charge of £75.00 including VAT.

Garage conversions should be assessed in accordance with Table C and are subject to a minimum charge of £220.00 plus £38.50 vat, Total £258.50.

A minimum charge of £220.00 plus £38.50 VAT, Total £258.50 is applicable to new controlled electrical installation work when not carried out in conjunction with other controlled building work.

Policy and Resources Committee – 22 February 2010 Page 588 Section 8 Planning Services – Building Control

Notes to Building Charges

• Full Plans – The plan charges must be paid on the deposit of the plans with the Council. • Building Notice Charge - the charge is calculated by adding together the plan charge and the inspection charge . Inspection Charges – These will be payable following the first inspection of the works. • Regularisation Charge - this is 120% of the building notice charge. VAT does not apply to this type of application. • Estimated cost - in Table C means a reasonable estimate as would be provided by a professional builder to carry out the project but excluding professional fees and VAT • Exemption - there is no charge where the application is solely for the benefit of someone with a disability. • Multiple Works- Where plans show more than one type of work (i.e. two separate extensions) the charges payable are aggregated accordingly. • Minor work- Where the work is estimated as costing under £5000 • Electrical Works – There is no additional charge for electrical installations carried out in conjunction with other building regulations works. The charge in Table C (estimated cost of works) applies to unrelated electrical installations/alterations undertaken by electricians who are not members of a Competent Persons Scheme. (A separate guidance leaflet ‘Electrical Safety in the Home’ is available from Building Control). • Exempt Buildings - A fee of £25 (including VAT) is applicable for registration of an exempt building.

Policy and Resources Committee – 22 February 2010 Page 589 Section 8 Planning Services – Building Control

Table C2 - Differential Matrix for All Other Work

Cost of Work Residential Residential Building work carried Office/Shop Assembly Industrial Storage Other Non All County Dwellings Other out on a dwelling at the Commercial Recreation Residential Other partner [1A, B, C] [2A, B] same time that any of [3] [4] [5] [6] [7A] [7b] Work ship non the work to which domestic categories 3,4 and 5 in work

Table B relates

Where the estimated cost 1 1 1 1 1 1 1 1 1 0.4 does not exceed £2,000

Where the estimated cost exceeds £2,000 but does 1 1 1 1 1 1 1 1 1 0.4 not exceed £5,000

Where the estimated cost exceeds £5,000 but does 1 1 1 0.9 0.9 0.9 0.9 0.9 0.9 0.4 not exceed £20,000

Where the estimated cost 1 exceeds £20,000 but does 1 1 0.9 0.9 0.9 0.9 0.9 0.9 0.4

not exceed £100,000

Where the estimated cost 1 exceeds £100,000 but 1 1 0.75 0.75 075 075 0.75 0.75 0.4

does not exceed £1M

Where the estimated cost 1 exceeds £1M but does not 1 1 0.4 0.4 0.4 0.4 0.4 0.4 0.4

exceed £10M

Where the estimated cost 0.4 0.4 0.4 0.4 0.4 0.4 0.4 exceeds £10M

Note: 1. Bracketed numbers at the head of each column are the building uses as defined in the Purpose Group classification in Appendix D of Approved Document B which provides practical guidance on meeting requirement B (Fire Safety) of the Building Regulations.

2. “All Other Work” should be used for the installation of a service or fitting and for work involving the underpinning of a building.

Policy and Resources Committee – 22 February 2010 Page 590 Section 9 Legal Services

Preparation of Section 106 Agreement Current Charge VAT Current Charge Income Code of the 1990 Planning Act. (excluding VAT) (if applicable) (including VAT)

East Northamptonshire Council to prepare agreement:

To receive basic instructions to prepare and seal £749.70 N/A £749.70 AKC 120 9390 an agreement

To include standard clauses for educational contribution (included in above)

To include standard clause for amenity land £148.85 N/A £148.85 AKC 120 9390

To include standard clause for affordable housing £148.85 N/A £148.85 AKC 120 9390

To include non-standard clause for: £148.85 N/A £148.85 AKC 120 9390 • Off-site traffic/transport • Leisure provision • Skills and training • Any other

Additional clauses for: £303.20 for each N/A £303.20 for each AKC 120 9390 • Amenity land additional clause additional clause • Affordable housing • Off-site traffic/transport • Leisure provision • Skills and training • Any other

Policy and Resources Committee – 22 February 2010 Page 591 Section 10 Facilities Management Services

Service Current Charge VAT Current Charge Income Code (excluding VAT) (if applicable) (including VAT)

1 Council Chamber £28.70 per hour See Note See Note AKA 007 9750

2 Room CHG2 £21.50 per hour See Note See Note AKA 007 9750

3 Members Room £21.50 per hour See Note See Note AKA 007 9750

4 Drinks Machine (up to 15 cups) £14.30 See Note See Note AKA 007 9750

5 Drinks Machine (more than 15 cups) £21.70 See Note See Note AKA 007 9750

Note: The addition of VAT is dependent on the use of the room.

Policy and Resources Committee – 22 February 2010 Page 592 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

Any enquiries for the Licensing Act 2003 should be directed to the Northamptonshire Licensing Partnership Advice Line 01832 742102.

Premises – Alcohol and Entertainment (CKN 004 9674 - personal) (CKN 004 9675 - premises)

1. Premises and Club application and annual fees – premises that are licensable will be allocated to a fee band according to rateable value.

Rateable Value Band No rateable value to £4,300 A £4,301 to £33,000 B £33,001 to £87,000 C £87,001 to £125,000 D £125,001 and above E

2. Each band attracts a different level of application fee

Band Fee A £100 B £190 C £315 D £450 E £635

Policy and Resources Committee – 22 February 2010 Page 593 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

3. Each band attracts a different level of annual fee – payable one year after the grant of the licence:

Band Fee A £70 B £180 C £295 D £320 E £350

Policy and Resources Committee – 22 February 2010 Page 594 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

4. Exceptionally Large Events

The Licensing Authority will also charge an additional premises fee for exceptionally large events:

Number in attendance at any one time Additional Fee 5,000 to 9,999 £1,000 10,000 to 14,999 £2,000 15,000 to 19,999 £4,000 20,000 to 29,999 £8,000 30,000 to 39,999 £16,000 40,000 to 49,999 £24,000 50,000 to 59,999 £32,000 60,000 to 69,999 £40,000 70,000 to 79,999 £48,000 80,000 to 89,999 £56,000 90,000 and over £64,000

Policy and Resources Committee – 22 February 2010 Page 595 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

Personal Licences, Temporary Events and Other Fees

The Licensing Authority will charge other fees in relation to their duties, most notably for temporary events and personal licences .

Item Fee Application for a grant or renewal of personal licence £37.00 Temporary event notice £21.00 Theft, loss etc of premises licence or summary £10.50 Application for a provisional statement where premises being built, etc £315.00 Notification of change of name or address £10.50 Application to vary licence to specify individual as premises supervisor £23.00 Application for transfer of premises licence £23.00 Interim authority notice following death, etc of licence holder £23.00 Theft, loss etc of certificate or summary £10.50 Notification of change of name £10.50 Change of relevant registered address of club £10.50 Theft, loss etc of temporary event notice £10.50 Theft, loss etc of personal licence £10.50 Duty to notify change of name or address £10.50 Right of freeholder etc, to be notified of licensing matters £21.00

Policy and Resources Committee – 22 February 2010 Page 596 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

Minor variation £89.00 DPS Community premises condition removal £23.00

Policy and Resources Committee – 22 February 2010 Page 597 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

Gambling Act 2005 (CKN 004 9676)

The fees detailed below are applied across Northamptonshire as a whole. The Licensing Unit (based in East Northants) administer all county wide applications.

Schedule of Fees for Gambling Act 2005 (Northamptonshire) – Premises Licence Fees (£)

Category Of New Re- Provisional Prov. Stat to Notification of premises licence Application Variation Transfer instatement statement full licence Copy Licence change Annual Fee

Existing Casino N/A £701.00 £474.00 £474.00 N/A N/A £27.00 £53.00 £1053.00

New Small £2806.00 £1403.00 £632.00 £632.00 £2806.00 £1053.00 £27.00 £53.00 £1754.00 Casino

New Large £3508.00 £1754.00 £754.00 £754.00 £3508.00 £1754.00 £27.00 £53.00 £3508.00 Casino

Regional Casino £5262.00 £2631.00 £2280.00 £2280.00 £5262.00 £2,806.00 £27.00 £53.00 £5262.00

Bingo Club £1227.00 £613.00 £422.00 £422.00 £1288.00 £422.00 £27.00 £53.00 £351.00

Betting Premises £1097.00 £526.00 £422.00 £422.00 £1097.00 £422.00 £27.00 £53.00 £210.00 (Excl. tracks)

Tracks £877.00 £439.00 £333.00 £333.00 £877.00 £333.00 £27.00 £53.00 £351.00

Licensed FEC £701.00 £351.00 £333.00 £333.00 £701.00 £333.00 £27.00 £53.00 £264.00

Adult Gaming £701.00 £351.00 £351.00 £476.00 £422.00 £701.00 £27.00 £53.00 £351.00 Licence

(CKN 004 9676)

Policy and Resources Committee – 22 February 2010 Page 598 Section 11 Northamptonshire Licensing Partnership (Licensing Act 2003)

Schedule of Fees for Gambling Act 2005 (National) – Permits and Notifications (£)

Brand New Existing Change of Application Type Application Operator Annual Fee Variation Transfer Renewal Name Copy Permit

Alcohol Licensed Premises – Gaming £150.00 £100.00 £50.00 £100.00 £25.00 N/A £25.00 £15.00 Machine Permit

Prize Gaming £300.00 £100.00 £300.00 £25.00 £15.00 Permit N/A N/A N/A

Club Machine permit £100.00 (or with club £200** or £200.00 £50.00 £100.00 N/A N/A £15.00 premises £100## certificate)

Club Gaming Permit £100.00 (or with club £200** or £200.00 £50.00 £100.00 N/A N/A £15.00 premises £100## certificate)

Unlicensed FEC £300.00 £100.00 N/A N/A N/A £300.00 £25.00 £15.00

** new ## existing

Initial Application Application Type Fee Renewal Fee

Small Society Lotteries £40.00 £20.00

Notification of 2 Machines or less on £50.00 N/A Alcohol Licensed Premises

VAT is not applicable on these charge

Policy and Resources Committee – 22 February 2010 Page 599 Section 12 Northamptonshire Licensing Partnership (Licensing Act 2003)

Section 106 Contributions

Section 106 contributions are negotiated on an individual basis. Income should be coded as follows

GL Code GL Code

Education Contributions Irthlingborough BMB001/0765 Open Space Contributions Oundle BMB009/0765

Education Contributions Oundle BMB002/0765 Open Space Contributions Rushden BMB010/0765

Education Contributions Rushden BMB003/0765 Open Space Contributions Thrapston BMB011/0765

Education Contributions Thrapston BMB004/0765 Open Space Contributions Higham Ferrers BMB012/0765

Education Contributions Stanwick BMB005/0765 Open Space Contributions Villages BMB013/0765

Education Contributions Higham Ferrers BMB006/0765 Open Space Contributions Irthlingborough BMB014/0765

Education Contributions Villages BMB008/0765 Open Space Contributions Stanwick BMB015/0765

Education Contributions Raunds BMB017/0765 Open Space Contributions Raunds BMB016/0765

Comm. Facilities Contributions Rushden BMB007/0765 Affordable Housing Contribution BMB018/0765

Comm. Facilities Contributions Higham BMB019/0765 Env. Improvements Irthlingborough BMB020/0765 Ferrers

Policy and Resources Committee – 22 February 2010 Page 600 Appendix 1 to Policy & Resources Committee Minute 368

East Northamptonshire Council Calendar of Meetings - 2010/2011

Development Control 19 May 2010 Wednesday Performance Panel 27 May 2010 Thursday Personnel Sub-Committee 8 June 2010 Tuesday (2pm) Development Control 9 June 2010 Wednesday Policy and Resources (RR) 14 June 2010 Monday Scrutiny 16 June 2010 Wednesday Planning Policy 24 June 2010 Thursday Finance Sub-Committee 28 June 2010 Monday Audit and Risk Management 29 June 2010 Tuesday Development Control 30 June 2010 Wednesday Standards Board 7 July 2010 Wednesday Policy and Resources (KO) 12 July 2010 Monday COUNCIL 19 JULY 2010 MONDAY

Development Control 21 July 2010 Wednesday Planning Policy 22 July 2010 Thursday Personnel Sub-Committee 27 July 2010 Tuesday (2pm) Development Control 18 August 2010 Wednesday

Recess

Personnel Sub-Committee 7 September 2010 Tuesday (2pm) Development Control 8 September 2010 Wednesday Performance Panel 9 September 2010 Thursday Policy and Resources (KO) 13 September 2010 Monday Finance Sub-Committee 15 September 2010 Wednesday Audit and Risk Management 22 September 2010 Wednesday Planning Policy 23 September 2010 Thursday Scrutiny 27 September 2010 Monday Development Control 29 September 2010 Wednesday Council (Issues Debate) 4 October 2010 Monday Licensing 6 October 2010 Wednesday Policy and Resources (RR) 11 October 2010 Monday Standards Board 18 October 2010 Monday Personnel Sub-Committee 19 October 2010 Tuesday (2pm) Development Control 20 October 2010 Wednesday COUNCIL 1 NOVEMBER 2010 MONDAY

Policy and Resources (KO) 8 November 2010 Monday Development Control 10 November 2010 Wednesday Finance Sub-Committee 17 November 2010 Wednesday Performance Panel 18 November 2010 Thursday Planning Policy 25 November 2010 Thursday Personnel Sub-Committee 30 November 2010 Tuesday (2pm) Development Control 1 December 2010 Wednesday Policy and Resources (RR) 6 December 2010 Monday Audit and Risk Management 8 December 2010 Wednesday Standards Board 13 December 2010 Monday

Policy and Resources Committee – 22 February 2010 Page 601

Scrutiny 15 December 2010 Wednesday Development Control 22 December 2010 Wednesday COUNCIL 10 JANUARY 2011 MONDAY

Finance Sub-Committee 12 January 2011 Wednesday Policy and Resources (KO) 17 January 2011 Monday Development Control 19 January 2011 Wednesday Personnel Sub-Committee 1 February 2011 Tuesday (2pm) Standards Board 2 February 2011 Wednesday Finance Sub-Committee 3 February 2011 Thursday Development Control 9 February 2011 Wednesday Planning Policy 10 February 2011 Thursday Scrutiny 16 February 2011 Wednesday Policy and Resources (RR) 21 February 2011 Monday Performance Panel 24 February 2011 Thursday COUNCIL 28 FEBRUARY 2011 MONDAY

Development Control 2 March 2011 Wednesday Licensing 9 March 2011 Wednesday Policy and Resources 14 March 2011 Monday Audit and Risk Management 16 March 2011 Wednesday Personnel Sub-Committee 22 March 2011 Tuesday (2pm) Development Control 23 March 2011 Wednesday Finance Sub-Committee 30 March 2011 Wednesday Standards Board 6 April 2011 Wednesday Planning Policy 7 April 2011 Thursday Development Control 13 April 2011 Wednesday Policy and Resources 18 April 2011 Monday Scrutiny 20 April 2011 Wednesday COUNCIL 27 APRIL 2011 WEDNESDAY

Development Control 4 May 2011 Wednesday

ANNUAL MEETING 18 MAY 2011 WEDNESDAY

Notes: 1. Council is to be held on the Wednesday because Easter Monday falls on 25 April 2011. 2. All meetings, unless otherwise indicated, will be held at Cedar Drive, Thrapston. 3. All meetings start at 7.30 pm except where otherwise stated and are open to the public. 4. Additional meetings of the Audit and Risk Management Committee and the Finance Sub-Committee will be arranged as required 5. A Planning Policy Committee meeting has been included on a Thursday in each cycle but may not be required. 6. Personnel Sub-Committee meetings have been included on a Tuesday, generally on a 6 weekly cycle 7. (Meetings with local councils (T.B.C.) – attended by the Leader and Deputy Leader of the Council; Local Ward Members and the Council’s Strategic Management Team.)

Policy and Resources Committee – 22 February 2010 Page 602

APPENDIX 2

Part 3 –

Responsibility for Functions

Who makes the decisions

CONTENTS

1. Responsibility for Council functions

2. Responsibility for Joint Functions

3. Table 1 - Scheme of Delegation of Responsibility for functions.

4. Table 2 - Joint A rrangements – North Northamptonshire Planning Committee and Welland Joint Committee

Policy and Resources Committee – 22 February 2010 Page 603

Part 3: Responsibility for Functions

1. Responsibility for Council Functions

Responsibility for certain functions is reserved to the full Council as described in Article 4.01. Other functions and decisions are the responsibility of the Council’s policy committees, as set out in the following Table. The primary powers and duties of the principal policy committee are to implement the budget and policy framework set annually by the Council, operating in accordance with the Procedure Rules of this constitution. The functions and responsibility of the Committees are as set out in the following table

Committee Membership Functions Delegation of Functions (type) Policy and 15 members of the The formulation and Functions which are Resources council development of the council’s delegated on, for example overall financial to an Officer, and the (principal policy management, budgetary limits of that delegation committee) and strategic policy are defined in Table 1 of framework. the Constitution

The coordination of the implementation of policy and strategic objectives across the council.

The implementation of the budgetary and policy framework. A standing Finance Sub- The implementation of Committee manages strategy in respect of the revenues and capital social, economic and expenditure and the environmental well-being of progress of the capital citizens in respect of programme. functions and services not otherwise the responsibility of the full council.

The promotion and maintenance of excellent customer services in line with the Council’s corporate priorities of providing excellent services and achieving sustainable communities. A standing Personnel Sub Committee Functions relating to determines matters in personnel and health and relation to personnel and safety to the extent that the health and safety of those functions are council employees. discharged in the council’s

Policy and Resources Committee – 22 February 2010 Page 604

capacity as an employer.

Planning 15 Members of the The formulation and Functions which are Policy Council development of the delegated on, for example (Policy) Council’s Local to an Officer, and the Development Framework. limits of that delegation The implementation of are defined in Table 1 of spatial planning policy and the Constitution determination of strategic planning objectives

Development 18 members of the Planning and Conservation Functions which are Control council – The functions relating to delegated on, for example (Regulatory) town and country planning to an Officer, and the and development control as limits of that delegation specified in Schedule 1 of are defined in Table 1 of the Local Authorities the Constitution (Functions and Res- ponsibilities) (England) Regulations 2000 (the Functions Regulations)

Licensing 12 members of the Licensing functions as set Functions which are (Regulatory) council out in the Licensing Act delegated on, for example 2003 and The Gambling Act to a Licensing (Liquor 2005 and Gambling) Panel, or an Officer, and the limits of that delegation are defined in Table 1 of the Constitution

Standards 4 members of the The promotion and Assessment, Review and Council other than maintenance of high Hearings Sub-committees the Chairman and standards of conduct within deal with various stages the Leader; 4 the Council of the local complaints independent voting process co-optees and 4 Assistance to Members and voting members of co-opted Members to a Town or Parish ensure that all Members of Council appointed the Council have access to by the Town and training on the Member Parish Councils Code of Conduct, that this respectively in East training is actively promoted, Northamptonshire and that Members are aware of the standards expected of Local Councillors under the Code

The exercise of these functions in relation to the Town and Parish Councils in

Policy and Resources Committee – 22 February 2010 Page 605

the district and the Members of those councils, in accordance with section 55 of the Local Government Act 2000 and the LG and Involvement in Health Act 2007.

Other functions delegated to the Committee by the Council in accordance with section 54(3) of the Local Government Act 2000, in accordance with any regulations made under that Act

Audit & Risk 7 members of the The provision of Management council independent assurance as Committee to the adequacy of the Council’s risk management framework and the associated control environment; the approval and monitoring of the Council’s annual audit programme, and the monitoring of the Data Quality Strategy.

Licensing (Taxi 3 members of the The determination of and council Hackney carriage and Miscellaneous) Private Hire Drivers’ Panels Licences where a CRB check has revealed serious issues and determination of any other licensing applications – apart from Liquor and Gambling) where the Head of Environmental Services is minded to refuse

2: Responsibility for Joint Functions

2.1 In accordance with Article 10, Part 10.02 of this constitution, the Council has agreed to establish joint arrangements with Northamptonshire County Council, and the Borough Councils of Corby, Kettering and Wellingborough to form a North Northamptonshire Joint Planning Committee to agree a common set of strategic planning policies for the North Northamptonshire Area.

Policy and Resources Committee – 22 February 2010 Page 606

2.2 In accordance with Article 10, Part 10.02 of this constitution, the Council has agreed to establish joint arrangements with the Borough Councils of Harborough and Melton and Rutland County District Council to form a Welland Joint Committee to deliver specific functions as agreed by the Council.

2.3 In accordance with Article 10, Part 10.02 of this constitution, the Council has agreed to establish joint arrangements with other local authorities in Northamptonshire to deliver the following specific functions:-

(a) licensing administration (with several District and Borough Councils) (b) ICT (with the Borough Council of Wellingborough) (c) Financial Services (with the Borough Council of Corby),

and to explore the scope for further joint working.

Policy and Resources Committee – 22 February 2010 Page 607

Table 1 DELEGATED POWERS - OFFICERS Arranged in the following Order:- A: Planning Services; B: Licensing & Registration; C: Environmental Services; Housing & Community Safety; D: Financial, Staffing & Legal/Corporate; E: Proper Officer Provisions Note – The delegation to the Solicitor to the Council extends to the Council’s second solicitor. All references to consultation with the Chair of a Committee extend to the Vice-Chair should the Chair be unavailable. A: PLANNING SERVICES

Function and Legislation Delegation & Provisos (caps)

Town & Country Planning Act 1990, as amended and related legislation Planning applications 1(a) To determine applications with the exception of those applications falling within Executive Director (Planning ) with the ability to specify other officers (in categories A to I below:- addition to those below) within Planning Services to act under the scheme A. Outline or full applications for residential development involving 10 or more units in Head of Planning Services (HoPS) Towns or 0.5 hectares or more site area . Development Control Manager (DCM) B. Outline or full applications for residential development involving more than 1 unit in SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO Restricted Infill Villages or more than 2 units in Limited Development Villages (terms AUTHORISED AND THE DATE OF AUTHORISATION defined in the Local Plan). C. Total or partial demolition of Listed Buildings D. Non-residential development involving more than 1,000 square metres of additional Development Control Committee floorspace, unless upon land allocated for commercial development in the development plan or other development document. E. District Council applications under Article 3 or 4 of the Town & Country Planning (General Regulations) 1992 UNDER SECTION 1(a), PROPOSALS GENERALLY FAILING TO F. Applications affecting property owned or controlled by an officer or Member of the COMPLY WITH DEVELOPMENT PLAN POLICY WILL NOT BE Council. APPROVED UNDER OFFICERS' DELEGATED POWERS WITHOUT G. Observations on proposals referred by adjoining Planning Authorities, Government REFER RED ENCE TO THE DEVELOPMENT CONTROL COMMITTEE Departments and statutory undertakers in those cases where such proposals are likely to significantly affect this District. H. Any application at the discretion of the Head of Planning Services I. Any application which a Member requests to be determined by Development Control Committee within the agreed 21 day time scale. J. Any application for renewal where the Development Control Committee considered the original application.

1 (b) Applications on which Parish or Town Councils have made representations Where -

Policy and Resources Committee – 22 February 2010 Page 608

1. Representations are made on non-planning grounds, or HoPS, DCM; Executive Director (Planning ) with the ability to specify 2. Objections can be overcome by imposing a planning condition, or other officers (in addition to those shown) within Planning Services to 3. Objection has been overcome by an act under the scheme amendment to the proposal, or SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO 4. The decision accords with the representations. AUTHORISED AND THE DATE OF AUTHORISATION 5. Upon direct consultation with the ward members, they agree that a delegated decision should be made. Otherwise determination shall be by:- Development Control Committee

2. Environmental Impact Assessment Under the Town and Country Planning (Environmental Impact Assessment (England and HoPS, DCM; Executive Director (Planning ), with the ability to specify Wales) Regulations 1999 as amended, to form a view as to whether an Environmental other officers (in addition to those shown) within Planning Services to Statement is considered necessary in connection with a particular development act under the scheme SUBJECT TO KEEPING A RECORD OF THE proposal. OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

3. Adjoining Authority Consultations To make formal observations on applications relating to proposals submitted by other HoPS, DCM; Executive Director (Planning ), with the ability to specify local authorities, Crown bodies or Government Departments, where it is considered that other officers (in addition to those shown) within Planning Services to the proposals are unlikely to significantly affect this District. act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

4 (a) Minor Non-Material Amendments Notification to applicants that minor amendments and alterations for planning purposes HoPS, DCM; Executive Director (Planning ), with the ability to specify may be construed as complying with the plans previously approved. other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

4 (b) Minor Material Amendments HoPS, DCM; Executive Director (Planning), with the ability to specify Notification to applicants that minor amendments and alterations for planning purposes other officers (in addition to those shown) within Planning Services to may be construed as complying with the plans previously approved, unless the original act under the scheme SUBJECT TO KEEPING A RECORD OF THE application was considered by the Development Control Committee. OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

5. Refusals of applications which are contrary to policy. HoPS, DCM; Executive Director ( Planning ), with the ability to specify other officers (in addition to those shown) within Planning Services to act under the sch eme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS Enforcement 5. Institution of proceedings for failure to comply with an enforcement notice. Executive Director (Planning) , HoPS, DCM in conjunction with Solicitor to the Council with the ability to specify other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO

Policy and Resources Committee – 22 February 2010 Page 609

AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

6. Institution of legal proceedings under the Town and Country Planning (Control of Executive Director (Planning) , HoPS, DCM; in conjunction with Solicitor Advertisement) Regulations relating to fly posting. to the Council; with the ability to specify other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

7. Service of Planning Contravention Notices, Breach of Condition Notices and Requisition Executive Director (Planning ); or HoPS, DCM; in conjunction with for Information notices under Section 330 Solicitor to the Council; with the ability to specify other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

8. Issue of Enforcement Notices, Completion Notices and Stop Notices (see under Executive Director (Planning); or HoPS, DCM; in conjunction with Planning (Listed Building and Conservation Areas Act 1990 for listed buildings Solicitor to the Council; with the ability to specify other officers (in enforcement) addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

9. Rescind Enforcement Notices (or authority to take action) where matters have been Executive Director (Planning); or HoPS, DCM; with the ability to specify satisfactorily resolved other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

10. Service of Notices under Section 215 – Land adversely affecting amenity. Executive Director (Planning); or HoPS, DCM; in conjunction with Solicitor to the Council; with the ability to specify other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS

11. Service of Discontinuance Notices under the Town and Country Planning (Control of Executive Director (Planning); or HoPS, DCM; in conjunction with Advertisement) Regulations. Solicitor to the Council; with the ability to specify other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION & REPORTING TO MEMBERS Policy and Resources Committee – 22 February 2010 Page 610

Applications seeking to renew an extant Planning Permission 13. Applications for reserved matters relating to the whole or part of a site in respect of HoPS, DCM; Executive Dir ector ( Planning ), with the ability to specify which an outline planning permission is in force and pursuant to the outline planning other officers (in addition to those shown) within Planning Services to permission, except where existing buildings outside the application site boundary but act under the scheme SUBJECT TO KEEPING A RECORD OF THE peripheral to the site are affected . OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

14. Applications relatin g to the whole or part of a site which has the benefit of planning HoPS, DCM; Executive Director ( Planning ), with t he ability to specify permission for the same type/class of development notwithstanding any representation other officers (in addition to those shown) within Planning Services to made by a Town or Parish Council as set out at 1(b)(5). act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION 12. Notifications To deal with notifications received for agricultural and telecommunications HoPS, DCM; Executive Director ( Planning ), with the ability to specify development, hazardous substances and demolition proposals other officers (in addition to those shown) within Planning Services to act under the scheme SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION 13. Legal Agreements (S106) Execution and completion of Agreements under Section 106 of the Town and Country HoPS, DCM, Executive Director ( Planning ) in conjunction with Planning Act 1990 in relation to applications for planning permission granted under Solicitor to the Council delegated powers.

14. Authority to enter land and premises (Section 196A) for enforcement purposes Executive Director ( Planning ), with the ability to specify other officers to act SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION 15. Prosecution - great urgency Laying information for contravention of regulations and instigation of emergency Solicitor to the Council IN CONSULTATION WITH THE CHAIRMAN injunctions & THEN SUBJECT TO RATIFICATION BY DEVELOPMENT CONTROL COMMITTEE 16. Footpath Orders Confirmation of unopposed diversion or extinguishment orders made following the grant Democratic Services Manager or Legal Officer of planning permission SUBJECT TO REPORTING TO MEMBERS

Listed & Historic Buildings: ( Planning (Listed Buildings and Conservation Areas) Act 1990) 17 . Authority to enter land and premises (Section 88) HoPS; Executive Director ( Planning ), with the ability to specify other officers to act SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND DATE OF AUTHORISATION

18 . To serve Listed Building Enforcement Notices HoPS, DCM, Executive Director ( Planning) in conjunction with Solicitor to the Council

22. To determine applications for Grant Aid in accordance with the Historic Buildings Grant HoPS, DCM, Executive Director ( Planning ); Conservation Team Leader Scheme approved on 3 July 2002 SUBJECT TO RE PORTING APPROVALS IN NENE VALLEY NEWS

Trees: ( The Hedgerow Regulations 1997) Policy and Resources Committee – 22 February 2010 Page 611

19 . To deal with notifications for removal of hedgerows HoPS, DCM , Planning Policy & Conservation Manager AFTER CONSULTING WITH CHAIRMAN & VICE CHAIRMAN OF THE DEVELOPMENT CONTROL COMMITTEE & WARD MEMBER(S)

20. The issuing of Notices to replant a hedgerow or to reinstate a gap in a hedgerow where it HoPS, DCM; Planning Policy & Conservation Manager appears that a hedgerow has been removed in contravention of Regulation 5(1) or (9) SUBJECT TO REPORTING TO MEMBERS

(Town & Country Planning (Trees) Regulations 1999; Local Government (Miscellaneous Provisions) Act 1976) 21. The making of Tree Preservation Orders. HoPS, DCM , Planning Policy & Conservation Manager SUBJECT TO REPORTING TO LOCAL WARD MEMBERS

22. To sign Tree Preservation Orders. Chief Executive, or Solicitor to the Council, or Democratic Services Manager

23. Confirmation of unopposed Tree Preservation Orders Democratic Services Manager or Solicitor to the Council (also covers modification to original order to provide clarity) SUBJECT TO REPORTING TO LOCAL WARD MEMBERS

24. Confirmation of opposed Tree Preservation Orders Democratic Services Manager or Solicitor to the Council SUBJECT TO AGREEMENT OF THE CHAIRMAN & VICE -CHAIRMAN OF PLANNING THE DEVELOPMENT CONTROL COMMITTEE AND LOCAL WARD MEMBERS AND REPORTING TO MEMBERS

25. The determination of applications pursuant to Tree Preservation Orders. HoPS, DCM, Planning Policy & Conservation Manager SUBJECT TO: 1. REPORTING TO MEMBERS 2.APPROVALS TO OBSERVE THE FOLLOWING CRITERIA: TO MAINTAIN THE TREE IN A SAFE CONDITION OR TO IMPROVE THE RELATIONSHIP AND PROVIDE A BETTER BALANCE BETWEEN THE TREE AND ITS ENVIRONMENT OR IN FURTHERANCE OF GOOD ARBORICULTURAL PRACTICE

26. The consideration of notices of intention to carry out works to trees in Conservation HoPS, DCM, Planning Policy & Conservation Manager Areas and the taking of action arising therefrom. SUBJECT TO 1. & 2. ABOVE

27 . To respond to Forestry Authority consultations HoPS, DCM , Planning Policy & Conservation Manager – SUBJECT TO NOTIFICATION OF WARD MEMBER

28 . Authority to enter land or premises (Section 214B) Executive Director (Planning ), with ability to specify other officers to act SUBJECT TO KEEPING A RECORD OF THE OFFICERS SO AUTHORISED AND THE DATE OF AUTHORISATION

32. To determine applications for Grant Aid in accordance with the Amenity Tree Grant HoPS , DCM; Planning Policy & Conservation Manager ; Executive Scheme approved in July 2002. Director ( Planning ) Policy and Resources Committee – 22 February 2010 Page 612

SUBJECT TO PUBLICISING GRANTS IN NENE VALLEY NEWS

29. To determine applications under the High Hedges (Appeals) (England) (Regulations) HoPS, DCM, Planning Policy & Conservation Manager SUBJECT TO 2005 RIGHT OF REFERRAL, TO THE DEVELOPMENT CONTROL C’TTEE OF ANY APPLICATION BY MEMBERS, WHERE THEY CONSIDER APPLICATION GIVES RISE TO MORE SIGNIFICANT ISSUES

30. To determine all Lawful Development Certificate applications (existing and proposed) HoPS, DCM in consultation with the Solicitor to the Council notwithstanding any comments from the Town/Parish Council

General Operational Arrangements relating to Planning applications.

1. No application is determined before the expiration of the 21 day period allowed for public comment. 2. Delegated decisions are made on a daily basis 3. Applications in the delegated categories are identified in notifications to Councillors 4. All applications received are included on a weekly list circulated to all Members and Parish/Town Councils. The list is also available to view on the Council’s web site at www.east-northamptonshire.gov.uk 5. Members wishing to refer an application to Development Control Committee for determination must do so before the “earliest decision” date identified against each application on the Weekly List by notifying – in writing – the appropriate Development Control Officer.

Function/Legislation Delegation & Provisos (caps)

31. Building Control: ( Building Act 1984) See under Environmental Services (includes delegation to Building Control and Planning officers)

(Party Wall Etc. Act 1996) 32. To appoint a third surveyor to arbitrate between two surveyors representing Head of Planning Services or Building Control Manager respective neighbours:

Licensing of Goods Vehicles: ( Goods Vehicle (Licensing of Operators) Act 1995, Section 12) To make objections to the Licensing Authori ty on applications: Head of Planning Services

33. Street Naming & Numbering: Public Health Act 1925 (Sections 17-19); Town Improvement Clauses Act 1847 (Sections 64 and 65); Public Health Act 1875 (Section 160); Public Health Act 1907 (Section 21); Local Government Act 1972

34. To implement street naming on new developments where all the statutory Head of I.C.T., or Property Information Officer consultees are in agreement: TO BE REPORTED TO MEMBERS

Policy and Resources Committee – 22 February 2010 Page 613

35. To number streets: Head of I.C.T., or Property Information Officer

Economic Development: ( Local Government Act 2000) 36. To fund environmental improvement schemes within the annual budget (Section Head of Planning Services SUBJECT TO CONSULTATION WITH 1): CHAIRMAN AND VICE-CHAIRMAN OF POLICY & RESOURCES COMMITTEE & APPROVAL OF APPLICATIONS IS WITHIN A POLICY FRAMEWORK

37. To approve Business Development Grants within the approved scheme: Economic Development Officer SUBJECT TO CONSULTATION WITH CHAIRMAN OR VICE-CHAIRMAN OF POLICY & RESOURCES COMMITTEE

Local Plan: Planning Policy: Town & Country Planning Act 1990 – Section 324 38. Powers of entry: Head of Planning Services; Planning Policy & Conservation Manager Team Leader ; Senior Planning Officer; Planning Officer; Research & Information Officer End of delegation specifically relating to Planning functions

B: LICENSING & REGISTRATION : Function/Legislation Delegation and Provisos (in caps) General 39. To specify other officers or posts to act under any specific licensing legislation Chief Executive (following changes to staff or responsibilities): PROVIDED THAT A CENTRAL RECORD IS KEPT OF OFFICERS SO AUTHORISED (DEMOCRATIC SERVICES MANAGER) Acupuncture, Tattooing etc : (Local Government (Misc. Provisions) Act 1982 - as amended by the Local Government Act 2003) 40. Powers of entry, inspection & examination Sections 15- 17 and Schedule 1(14) Commercial Health Manager; Head of Environmental Services; Acupuncture etc: Environmental Protection Manager; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Environmental Health Officers; Environmental Health Officers; Senior Housing Manager; Grants Officer; Licensing Administrators; Licensing Enforcement Officer; Waste Manager Second delegation transferred to Section C 41. To register ear piercers, cosmetic piercers, skin-colouring businesses, tattooists, Head of Environmental Services; Environmental Protection Manager; electrolysis (Sections 13-16): Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

Animal Boarding: ( Animal Boarding Establishments Act 1963)

Policy and Resources Committee – 22 February 2010 Page 614

42. To issue licences (Sections 1(1) and (3) ): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ) Waste Manager

43. Powers of entry, inspection & examination (Section 2): Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Environmental Health Officer; Environmental Health Officers; Licensing Enforcement Officer; Senior Housing Manager; Grants Officer

44. Changes to conditions (where there are no financial implications): Head of Environmental Services in consultation with the Lead Member for Environmental Services SUBJECT TO A CENTRAL RECORD BEING KEPT

Butchers Shops: ( Food Safety (General Food Hygiene) (Butchers Shops) Amendment Regulations 1999) To issue, rev oke and suspend licences: Head of Environmental Services; Commercial Health Manager POLICY & RESOURCES COMMITTEE TO CONSIDER INITIAL APPLICATIONS NOT MEETING LEGISLATIVE REQUIREMENTS Caravans: (Caravan Sites & Control of Development Act 1960) 45. Powers of entry, inspection & examination (Section 2(b)): Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Technical Officers; Commercial Health Officer; Environ-mental Protection Officers; Senior Environmental Health Officer; Environment- al Health Officers; Senior Housing Manager; Grants Officer; Waste Manager

46. To issue licences; amend conditions (Sections 3 & 8): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager TO BE REPORTED TO MEMBERS Dogs: ( Breeding of Dogs Act 1973) 47. To issue licences (Sections 1(4) and (5): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

48. Powers of entry, inspection & examination (Section 2): Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Technical Officers; Commercial Health Officer; Senior Environmental Health Officer; Environmental Health Officer; Senior Housing Manager; Grants Officer; Licensing Enforcement Officer (Breeding of Dogs Act 1991)

Policy and Resources Committee – 22 February 2010 Page 615

49. Powers of entry – premises not covered by licence: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Environmental Health Officers; Technical Officers; Commercial Health Officers; Environmental Protection Officers; Executive Director Environmental ); Waste Manager (Breeding and Sale of Dogs (Welfare) Act 1999) 50. To issue licences: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager Dangerous Animals: ( Dangerous Wild Animals Act 1976) 51. To issue Licences: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager SUBJECT TO REPORTING TO WARD MEMBERS

52. Powers of entry, inspection & examination (Section 3): Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Environmental Health Officer; Environmental Health Officers; Senior Housing Manager; Grants Officer; Waste Manager Gambling: (Deregulation (Gaming Machines and Betting Offices Facilities) Order 1996

53. To issue permits for amusements with prizes gaming machines: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental )

(Gambling Act 2005) 54. To carry out functions: Head of Environmental Services, Commercial Health Manager, Senior Envi ronmental Health Officer (Commercial), Environmental Health Officers (Commercial), Commercial Health Officers, Technical Officers (Commercial), Environmental Protection Manager, Environmental Protection Officers, Licensing Enforcement Officer; Waste Manager

To set fees within the scope of Appendix 3 (1): Head of Environmental Services or in his absence the Commercial Health Manager or Executive Director

55. To determine non-contentious applications under the Gambling Act 2005 within Head of Environmental Services, Commercial Health Manager or the scope of Appendix 3 (1): Executive Director (WARD MEMBERS ARE NOTIFIED OF APPLICATIONS)

56. To issue cancellations of gaming machine permits within the scope of Appendix 3 Head of Environmental Services, Commercial Health Manager or (1): Executive Director

Policy and Resources Committee – 22 February 2010 Page 616

(House to House Collections Act 1939 (Section 2) and Police, Factories (Etc) (Miscellaneous Provisions) Act 1916) 57. To issue licences : Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager APPLICATIONS WHICH OFFICERS ARE MINDED TO REFUSE TO BE DETERMINED BY A LICENSING (TAXI AND MISCELLANEOUS) PANEL

(Lotteries & Amusements Act 1976 - Schedule 1) 58. To register Societies for the purpose of operating lotteries: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager;Executive Director ( Environmental ); Waste Manager APPLICATIONS WHICH OFFICERS ARE MINDED TO REFUSE TO BE DETERMINED BY POLICY AND RESOURCES COMMITTEE

Game: (Game Act 1831) Head of Environmental Services; Environmental Protection Manager; 59. To issue licences Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

Liquor and Entertainment: (Licensing Act 2003) 60. To carry out the functions of the Act: Head of Environmental Services, Commercial Health Manager, Senior Environmental Health Officer (Commercial), Environmental Health Officers (Commercial), Commercial Health Officers, Technical Officers (Commercial), Trainee Environmental Health Officer, Environmental Protection Manager; Environmental Protection Officers; Licensing Enforcement Officer; Waste Mgr

61. To determine non-contentious applications (for example no representations to the Head of Environmental Services or in his absence the Commercial Health grant of a premises licence) within the scope of Appendix 1 – Licensing Committee Manager or Executive Director ( Environmental ) WARD MEMBERS ARE – 26/1/05 NOTIFIED OF APPLICATIONS

62. To grant or refuse minor variations: Executive Director (Environmental), Head of Environmental Services, Commercial Health Manager and Senior Environmental Health Officer WARD MEMBERS TO BE NOTIFIED IF OFFICERS MINDED TO APPROVE APPLICATIONS

63. To issue Notices relating to hearings under the Hearings Regulations. Democratic Services Manager

64. To arrange alternative Members to serve on Panels (from any Constituted Panel) Democratic Services Manager ; Head of Resources whenever attendance difficulties arise:

Policy and Resources Committee – 22 February 2010 Page 617

(Local Government (Misc. Provisions) Act 1976) 65. To serve Notices for the provision of sanitary appliances at places of Head of Environmental Services; Environmental Protection Manager; entertainment (Section 20 and Part II Sections 16 and 35): Commercial Health Manager; Senior Environmental Health Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Executive Director ( Environmental ); Waste Manager

66. Powers of entry, inspection & examination: Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Technical Officers; Environmental Protection Officers; Commercial Health Officer; Senior Environmental Health Officers; Environmental Health Officers; Senior Housing Manager; Grants Officer; Waste Manager

67. To serve Requisitions for Information (Section 16): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager Pet Animals: (Pet Animals Act 1951) 68. To issue licences (Section 1(6): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

69. Powers of entry, inspection & examination (Section 4): Commercial Health Manager; Technical Officer (Commercial); Head of Environmental Services; Senior Environmental Health Officer (Commercial); Environmental Health Officer (Commercial); Waste Manager Riding Establishments: (Riding Establishments Acts 1964 & 1970) 70. To issue full and provisional licences (Sections 1(2) and 4): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

71. Powers of entry, inspection & examination (Section 2): Head of Environmental Services; Commercial Health Manager; Technical Officers; Environmental Protection Officers; Senior Environmental Health Officers; Environmental Protection Manager; Environmental Health Officers Licensing Enforcement Officer; Waste Manager

Scrap Metal Dealers: (Scrap Metal Dealers Act 1964) 72. To issue registrations (Section 1): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

Policy and Resources Committee – 22 February 2010 Page 618

73. Powers of entry, inspection & examination (Section 6): Commercial Health Manager; Technical Officers; Head of Environmental Services; Commercial Health Officer; and Officer; Senior Environmental Health Officers; Environmental Protection Officers ; Senior Housing Manager; Grants Officer; Waste Manager Streets: (Town Police Clauses Act 1847) 74. To deal with applications for all road closures: Democratic Services Manager ; Head of Resources

(Local Government (Misc. Provisions) Act 1982 - as amended by the Local Government Act 2003) 75. To institute legal proceedings - illegal street trading (Schedule 4 & Section 3): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager AFTER CONSULTATION WITH SOLICITOR TO THE COUNCIL

76. To issue licences for street layby trading (vacancies only): Head of Environmental Services; Commercial Health Manager. IN CONSULTATION WITH CHAIRMAN OF POLICY AND RESOURCES COMMITTEE & SUBJECT TO COUNCIL’S POLICY

Vehicles ( Local Government (Miscellaneous Provisions) Act 1976; Town Police Clauses Act 1847, Transport Act 1985 and ENC Byelaws) 77. To grant applications for the issue of hackney carriage and private hire vehicle, Head of Environmental Services; Environmental Protection Manager; drivers’ and operators’ licences, including renewals of drivers’ licences where there Commercial Health Manager; Executive Director ( Environmental ); Waste have been previous is sues arising from reports from CRB, DVLA or other sources Manager but no subsequent issues have arisen since the last grant: APPLICATIONS WHICH OFFICERS ARE MINDED TO REFUSE TO BE DETERMINED BY A LICENSING (TAXI AND MISCELLANEOUS) PANEL

78. To suspend and revoke licences under Sections 60, 61 and 62 of the 1976 Act: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Environmental Health Officers; Technical Officers; Commercial Health Officer; Licensing Administrators; Executive Director ( Environmental ); Waste Manager

79. To carry out all duties under the above legislation: Commercial Health Manager; Senior Environmental Health Officer (Commercial); Technical Officer; (Commercial); Commercial Health Officer; Environmental Health Officers; Licensing Enforcement Officer; Waste Manager Vehicle (Crime) Act 2001 80. To determine applications for registration - Motor Salvage Operators Regs 2002: Head of Environmental Services

Zoos: ( Zoo Licensing Act 1981 - Section 10) 81. Powers of entry, inspection and examination: Head of Environmental Services; Commercial Health Manager; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Environmental Health Officers; Environmental Protection Manager ; Environmental Health Officers; Waste Manager

Policy and Resources Committee – 22 February 2010 Page 619

C: ENVIRONMENTAL SERVICES, HOUSING & COMMUNITY SAFETY (Arranged in alphabetical order of legislation) Function/Legislation Delegation and Provisos (caps ) General 82. To specify other officers or posts to act under any specific environmental health Chief Executive legislation (following changes to staff or responsibilities): PROVIDED THAT A CENTRAL RECORD IS KEPT OF OFFICERS SO AUTHORISED (DEMOCRATIC SERVICES MANAGER)

Anti Social Behaviour Act 2003 (Sections 43,48,49, 55 & 56) 83. To take action in relation to graffiti, flyp osting, flytipping, and unlawful depositing of Head of Environmental Services; Environmental Protection Manager; waste, including the service of notices and the recovery of expenditure: Waste Manager; Waste Management Officers; Waste Project Officer; Environmental Protection Officers; Senior Environmental Services Officer; Environmental Services Officers; Commercial Health Manager Bovine Products (Production & Despatch) Regs 1992 – S.8) 84. Powers of entry, inspection and examination: Head of Environmental Services; Commercial Health Manager; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Technical Officer (Public Health); Senior Environmental Health Officers; Environmental Protection Manager; Environmental Health Officers Building Control: Building Act 1984 85. To issue decisions with appropriate conditions as necessary on applications Building Control Manager or Head of Planning Services or under Building Regulations: Executive Director (Planning )

86. To determine applications for relaxation of Building Regulations Head of Planning Services or Building Control Manager or Exec. Director (Planning )

87. To take action for contravention of Building Regulations – fine and Head of Planning Services or Building Control Manager or Exec. Director removal/alteration of offending work (Sections 35 and 36): (Planning)

88. To serve notices requiring repair of drains etc (Section 59): Head of Planning Services; Head of Environmental Services; Building Control Manager; Environmental Protection Manager; Waste Manager; Commercial Health Manager; Executive Director (Environmental)

89. To serve notices (Section 69 – Houses insufficient water supply): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

90. To serve abatement notices requiring defects to be remedied (Section 76): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Waste Manager; Senior Housing Manager

Policy and Resources Committee – 22 February 2010 Page 620

91. To serve notices regarding dangerous structures and require work to be done at Head of Planning Services and Building Control Manager the owners expense (Sections 77 and 78):

92. To serve notices regarding ruinous or dilapidated sites (Section 79): Head of Environmental Services; Environmental Protection Manager

93. To serve notices about demolition works (sections 81 and 82): Head of Planning Services and Building Control Manager

94. Powers of entry, inspection and examination (Section 95): Building Control Manager; Head of Planning Services; Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Waste Manager; Building Control Surveyors; Environmental Protection Officers; Senior Housing Manager; Grants Officer; Environmental Health Officers; Senior Environmental Health Officers; Technical Officers

95. To arrange work in default where there is a failure to comply with a notice and Head of Environmental Services; Head of Planning Services; Executive recover costs (Section 107): Directors IN CONSULTATION WITH THE CHAIRMAN OF THE POLICY & RESOURCES COMMITTEE (OR LEADER) WHERE PRACTICAL

96. To take all appropriate action to apply to the Magistrates Court in respect of any Head of Planning Services or Building Control Manager potentially dangerous buildings or other structures: SUBJECT TO AGREEMENT OF SOLICITOR TO THE COUNCIL

Control of Pollution Act 1974 – Sections 60 & 61 (Control of Noise on Construction Sites ) 97. Authority to act: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Housing Manager; Environmental Protection Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Grants Officer; Waste Manager Control of Pollution Act 1974 - Section 91 98. Powers of entry, inspection and examination: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Housing Manager; Environmental Protection Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Grants Officer; Waste Manager

Policy and Resources Committee – 22 February 2010 Page 621

Control of Pollution (Amendment) Act 1989 Section 5/5B 99. To issue Fixed Penalty Notices: Head of Environmental Services, Commercial Health Manager, Environmental Protection Manager, Licensing Enforcement Officer, Waste Management Officers, Environmental Services Officers, Police Community Support Officers Clean Air Act 1993 100. Powers of entry, inspection and examination (Section 5(b) ): Commercial Health Mgr; Head of Environm’tal Serv.; Environm’tal Protection Mgr; Snr Housing Mgr; Environm’tal Protection Offficers; Environm’tal Health Officers; Technical Officers; Comm. Health Officer; Snr. Technical Officers (Pub -lic Health); Senior Environmental Health Officers; Grants Officer; Waste Mgr 101. To take action under Sections 6-8; 12-14; 15; 16; 36 & 58: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

Clean Neighbourhoods and Environment Act 2005 102. Part 2 - Abandoned Vehicles – To act under Sections 10 – 14: Head of Environmental Services, Waste Manager, Environmental Protection Manager, Waste Management Officers, Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers

103. Part 3 - Litter and Refuse – to act under Sections 18 – 22: Head of Environmental Services, Waste Manager, Environmental Protection Manager, Waste Management Officers, Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers

104. To authorise entry to land and recover costs (Section 20): Executive Directors, Head of Environmental Services, Waste Manager, Environmental Protection Manager; Commercial Health Manager

105. Part 5 - Deposit and Disposal of Waste - to act under Sections 40 – 45: Head of Environmental Services, Waste Manager, Environmental Protection Manager, Waste Management Officers, Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers

106. To authorise prosecutions or serve notices (Section 48): Head of Environmental Services, Waste Manager, Environmental Protection Manager, Waste Management Officers, Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers

107. To act under Section 50 including authorisation of prosecutions, service of Executive Directors, Head of Environmental Services, Waste Manager, notices, removal of waste, recovery of costs: Environmental Protection Manager; Commercial Health Manager

Policy and Resources Committee – 22 February 2010 Page 622

108. Controls on Dogs - To authorise the making of “Dog Control Orders” (Sections 55 Head of Environmental Services, Waste Manager, Environmental – 58): Protection Manager; Commercial Health Manager

109. To authorise prosecutions or service of notices etc (Sections 59 – 67) Head of Environmental Services, Waste Manager, Environmental Protection Manager, Waste Management Officers, Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers, Police Community Support Officers; Police Officers and Special Constables employed by Northamptonshire Police Licensing Enforcement Officer Commercial Health Manager; Park Range rs at Barnwell & Fermyn Woods Country Parks; Park Rangers; Project Coordinator; Voluntary Warden at the three Rockingham Forest Trust areas (Stanwick Lakes, Ditchford Lakes, Twywell Hills and Dales

Crime & Disorder Act 1998 110. To process or initiate requests for personal information or conviction data under Executive Director ( Environmental ) or Community Safety Officer the Act: (designated officers); Head of Environmental Services

Criminal Justice and Public Order Act 1994 111. To take appropriate action against unauthorised encampments (Part V): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; ;Executive Director ( Environmental ); Waste Manager SUBJECT TO NOTIFICATION OF WARD MEMBERS

112. Powers of entry, inspection & examination (Section 77): Head of Environmental Services; Environmental Protection Manager ; Commercial Health Manager; Senior Housing Manager; Environmental Protection Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Grants Officer; Waste Manager Deer Acts 1963 and 1980 1991 113. Power to inspect: Commercial Health Manager; Environmental Protection Manager ; Technical Officers (Commercial); Head of Environmental Services ; Environmental Heath Officers; Senior Environmental Health Officers; Commercial Health Officer Dogs Act 1871 and Dangerous Dogs Act 1989 114. To authorise applications to be made to a court in relation to the keeping of a dog Head of Environmental Services, Waste Manager, Environmental under proper control or the destruction of a dog on the grounds that it is Protection Manager; Commercial Health Manager dangerous (s. 2 of the Dogs Act 1871) and for a failure to comply with the provision sof section 1 of the Dangerous Dogs Act 1989 (breach of a disqualification order and failure to comply with an order to keep a dog under proper control or to deliver a dog up for destruction as required by a court order).

Policy and Resources Committee – 22 February 2010 Page 623

Dogs (Fouling of La nd) Act 1996 Powers under Sections 3 and 4: Commercial Health Manager; Technical Officers; Commercial Health Officer; Environmental Protection Manager; Waste Manager; Waste Management Officers; Project Officer; Grants Officer; Environmental Prot ection Officers; Environmental Health Officers; Head of Environmental Services; Contaminated Land Officer; Clerk of Oundle Town Council; Park Rangers at Barnwell/Brigstock Country Parks; Park Rangers at the 3 Rockingham Forest Trust areas; Project Co -ordi nator; Voluntary Warden Police Officer and Special Constable employed by Northamptonshire Police; Environmental Services Officers, Senior Environmental Services Officer; Police Community Support Officers; Licensing Enforcement Officer; Senior Housing Manager SUBJECT TO ACTIONS TAKEN WITHIN ENC POLICIES & TRAINING/ APPRAISAL

Environment Act 1995 - S. 108 (1) and 108 (a) - (h) & (j) - (m); Environmental Protection Act 1990 – S. 17 (3) (a)-(l) & Sc.3, paras 2/2A 115. Powers of entry, inspection and examination: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Housing Manager; Environmental Protection Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Grants Officer; Waste Manager

Environmental Protection Act 1990: See also Clean Neighbourhoods and Environment Act 2005 116. To take action under Sections 33 and 34 including the authorisation of prosecutions Head of Environmental Services; Environmental Protection Manager; or service of notices: Waste Services Manager; Waste Management Officers; Waste Project Officer; Environmental Protection Officers; Senior Environmental Services Officer; Environmental Services Officers; Licensing Enforcement Officer; Commercial Health Manager

117. To serve notices (Sections 79, 80 & 80A – Statutory Nuisances): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Environmental Protection Officers; Environmental Health Officers; Grants Officer; Executive Director (Environmental ); Waste Manager; Senior Housing Officer

Policy and Resources Committee – 22 February 2010 Page 624

118. To authorise prosecution for non-compliance with abatement notices served under Head of Environmental Services (in his absence, Commercial Health Section 79 of the Act: Manager; or Environmental Protection Manager or Waste Manager) SUBJECT TO SOLICITOR TO THE COUNCIL BEING SATISFIED WITH THE EVIDENCE AND IN CONSULTATION WITH THE OF THE POLICY AND RESOURCES COMMITTEE AND LOCAL WARD MEMBER.

119. To revoke authorisations where processes no longer operate: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

120. To authorise prescribed processes under Part B Sections 6 & 7: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

121. To vary conditions on authorisations (Section 10): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

122. To enforce notices – prescribed processes (Section 13): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental )

123. To serve notices to obtain information (Section 19): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager Part 2 - Waste on Land Head of Environmental Services, Waste Manager, Environmental 124. To take action – receptacles for waste including the authorisation of prosecutions Protection Manager, Waste Management Officers, Project Officer, or service of notices (Sections 46 and 47): Environment Protect -on Officers; Senior Environmental Services Officer, Environmental Services Officers; Licensing Enforcement Officer; Commercial Health Manager

125. To take all action – removal of waste unlawfully deposited (Section 59): Executive Directors, Head of Environmental Services, Waste Manager, Environmental Protection Manager; Commercial Health Manager

Part 4 – Litter etc Head of Environmental Services, Waste Manager, Environmental 126. To take all action – Littering, Street Control Notices (Sections 87, 88, 92 - 94): Protection Manager, Waste Management Officers , Project Officer, Environmental Protection Officers, Senior Environmental Services Officer, Environmental Services Officers, Police Community Support Officers; Police Officers and Special Constables employed by Northamptonshire Police; Licensing Enforcement Officer; Commercial Health Manager; Park Rangers at Barnwell & Fermyn Woods Country Parks; Park Rangers; Project Coordinator; Voluntary Warden at the three Rockingham Forest Trust areas (Stanwick Lakes, Ditchford Lakes, Twywell Hills and Dales

Policy and Resources Committee – 22 February 2010 Page 625

127. To enter premises/determine if a nuisance exists/seek warrant in appropriate Head of Environmental Services; Environmental Protection Manager; cases (Section 81/Schedule 3): Commercial Health Manager; Technical Officers; Commercial Health Officer; Senior Environmental Health Officers; Environment Protection Officers; Environmental Health Officers; Senior Housing Manager; Trainee Environmental Health Officer; Waste Manager

128. To apply to the High Court for an injunction (noise complaints “pay parties” Head of Environmental Services (in his absence, Environmental where normal procedures insufficient: Protection Manager or Commercial Health Manager, or Waste Manager) IN CONSULTATION WITH CX AND CHAIRMAN OF THE POLICY AND RESOURCES COMMITTEE

129. Seizure of noise making equipment (Section 80(4): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Senior Environmental Health Officers; Environmental Health Officers; Environmental Protection Officers; Executive Director ( Environmental );Waste Manager

130. To serve Fixed Penalty Notices (Schedule 3A paras 1(1) & 7: Head of Environmental Services, Commercial Health Manager, Environmental Protection Manager, Licensing Enforcement Officer, Waste Management Officers, Waste Manager, Environmental Services Officers, Police Community Support Officers

131. Enforcement of The Contaminated Land (England) Regulations 2000 and Head of Environmental Services; Environmental Protection Manager; statutory provisions of Part 11A of the Environmental Protection Act, including Commercial Health Manager; Executive Director ( Environmental ); Waste service of Remediation Notices: Manager

Environmental Protection (Stray Dogs) Regulations 1992 132. Discharge of functions - stray dogs: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

133. Discretion to reduce/waive charges for first offences/in hardship cases: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager Food Safety

The Food Safety Act 1990 (as amended) and any Orders or Regulations made thereunder or relating thereto or having effect by virtue of the European Communities Act 1972*, and any modification or re-enactment thereto

Policy and Resources Committee – 22 February 2010 Page 626

134. General authorisation to act: Mike Deacon; Julia Smith; Christopher Jordan;. Amanda Robinson; Amy White; Racheal Phillips; Robert Rowland; Beth Gordon *NOTE: PROVIDING AN OFFICER IS SUITABLY APPOINTED TO SO ACT, THE FACT THAT THE ENFORCEMENT POWERS ARE CONTAINED IN A REGULATION OR ORDER, WHETHER MADE UNDER THE EUROPEAN COMMUNITIES ACT 1972 OR ANY GENERAL AUTHORITY TO ACT.

135. Specific general authorisation to act under The Products of Animal Origin (Import Julia Smith; Racheal Phillips; Amanda Robinson and Export) Regulations 1996, as amended; The Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004; Emergency Control Regulations eg The Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (England) Regulations 2005; and The Official Feed and Food Controls (England) Regulations 2006

136. Powers to serve, Hygiene improvement notices, Hygiene Emergency notices, Julia Smith; Christopher Jordan; Amanda Robinson; Racheal Phillips Remedial Action notices and Detention notices:

Food Safety Act 1990 and all subordinate Regulations 137. Lead Officer for Food safety: Commercial Health Manager

138. General authorisation (Section 5): Mike Deacon - Head of Environmental Services; Julia Smith - Commercial Health Manager; Christopher Jordan;- Senior Environmental Health Officer; Amanda Robinson and Racheal Phillips - Environmental Health Officers; Robert Rowland – Commercial Health Officer; Amy White - Technical Officer; Caroline Ellis –Environmental Protection Officer; Darren Hale – Environmental Protection Manager; Mandy Dennis – Environmental Protection Officer

139. Powers of inspection and seizure of suspected food: Julia Smith – Commercial Health Manager; Christopher Jordan - Senior Environmental Health Officer; Racheal Phillips, Environmental Health Officer (Commercial) 140. Powers of entry, inspection and examination (Section 32) and to serve notices: Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Keith Randle; Technical Officers; Commercial Health Officer; Stewart Sheppard; Environmental Protection Officer; Environmental Health Officers; Senior Environmental Health Officers; Trainee Environmental Health Officer Food and Environment Protection Act 1985 & Control of Pesticides Regulations 1986 - Sections 3,4 and 11 141. To enforce the legislation: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Keith Randle

Policy and Resources Committee – 22 February 2010 Page 627

142. To act as an investigating/enforcement officer - delegation from MAFF Head of Environmental Services; Environmental Protection Manager; Department of Health : Commercial Health Manager

Pollution, Prevention and Control Regulations 2000 (Section 28) as amended by the Environmental Permitting (England and Wales) Regs 2007 143. To require information about a process to determine if it should be permitted or if Head of Environmental Services; Environmental Protection Manager; there is a breach of the requirements of the legislation: Environmental Protection Officers

Smoking Prohibition: Health Act 2006 144. General authority to act: Head of Environmental Services, Commercial Health Manager, Licensing Enforcement Officer, Trainee Environmental Health Officer, Senior Environmental Health Officer, Commercial Health Officers, Environmental Health Officers, Environmental Protection Officers, Waste Management Officers; Waste Manager; Environmental Protection Officer Health & Safety at Work Etc Act 1974 145. Powers of entry, inspection & examination/service of notices (S. 19 & 20): Julia Smith – Commercial Health Manager; Mike Deacon – Head of 146. Appointment of Inspectors (Section 19): Environmental Services; Keith Randle; Robert Rowland –Commercial 147. Powers of Inspectors (Section 20): Health Officer; Amy White - Technical Officer; Stewart Sheppard; Palden Dorje – Environmental Protection Officer; Amanda Robinson and Racheal Phillips – Environmental Health Officers; Darren Hale – Environmental Protection Manager; Christopher Jordan, - Senior Environmental Health Officer; Caroline Ellis – Environmental Protection Officer (NOT SERVICE OF ;Waste Manager – Beth Gordon NOTICES)

148. To serve notices (Sections 21 & 22 - Improvement & Prohibition and S. 25 Julia Smith -Commercial Health Manager; Keith Randle; Darren Hale - 149. Seizure of articles or substances - cause of imminent danger): Environmental Protection Manager; Racheal Phillips and Amanda Robinson – Environmental Health Officers Sections 21 & 22 only: Robert Rowland – Commercial Health Officer; Amy White – Technical Officers (Commercial); Christopher Jordan – Senior Environmental Health Officer (Commercial)

150. To authorise prosecution (Section 33): Mike Deacon – Head of Environmental Services; Julia Smith, Commercial Health Manager; Mark Lovell – Executive Director (Environmental); Neil Pritchard – Solicitor to the Council

151. To instigate proceedings under Section 38: Julia Smith – Commercial Health Manager;– Christopher Jordan, - Senior Environmental Health Officer (Commercial); Racheal Phillips and Amanda Robinson – Environmental Health Officers; Robert Rowland – Commercial Health Officer; Amy White – Technical Officer IN CONSULTATION WITH HEAD OF ENVIRONMENTAL SERVICES AND SUBJECT TO CONSIDERATION OF EVIDENCE BY SOLICITOR TO THE COUNCIL Policy and Resources Committee – 22 February 2010 Page 628

Housing: Housing Act 1985 152. Powers of entry inspection and examination (Sections 222 repair; 319 unfitness Head of Environmental Services; Senior Housing Manager, Grants Officer; procedures; 340 overcrowding; 395 houses in multiple occupation; 411 common Executive Director ( Environmental ); Housing Technical Officer; lodging houses; 600 survey & examination): Environmental Protection Manager

153. Powers of entry inspection and examination (Section 54): Head of Environmental Services; Senior Housing Manager, Grants Officer ; Housing Technical Officer; Environmental Protection Manager

154. To issue repair notices (S.189 unfit dwellings and S. 190 dwellings in disrepair but Head of Environmental Services; Senior Housing Manager; Executive not unfit: Director ( Environmental ); Environmental Protection Manager

155. To serve notices (Sections 352, 354, 360 and 361 - houses in multiple occupation): Head of Environmental Services;, Senior Housing Manager; Executive Director ( Environmental ); Environmental Protection Manager

To release covenants restricting former right to buy properties to use as a single Solicitor to the Council dwelling, if planning permission is granted for an additional dwelling within the site:

Housing Acts 2004 and 1985 – Part 1 – Housing Conditions 156. To carry out Inspections - (Sections 4 (1) and 4 (2): Environmental Protection Manager; Senior Housing Manager

157. To serve or suspend Improvement Notices - Sections 11, 12 and 14: Environmental Protection Manager; Senior Housing Manager 158. To revoke and vary Improvement Notices – Section 16: Environmental Protection Manager; Senior Housing Manager; Housing Technical Officer; Grants Officer 159. To review Improvement Notices - Section 17: Environmental Protection Manager; Senior Housing Manager; Housing Technical Officer; Grants Officer

160. To serve or suspend Prohibition Orders Sections 20, 21 and 23: BOTH -Executive Directors, Head of Environmental Services 161. To revoke and vary Prohibition Orders - Section 25:

162. To serve Hazard Awareness Notices - Sections 28 and 29: Environmental Protection Manager; Senior Housing Manager

163. To carry out Emergency Remedial Action - Section 40: Executive Directors, Head of Environmental Services, Environmental Protection Manager 164. To serve Emergency Remedial Action Notices - Section 41: Executive Directors, Head of Environmental Services, Environmental Protection Manager, Senior Housing Manager 165. To recover Expenses for taking Emergency Remedial Action - Section 42: Solicitor to the Council, Executive Directors, Head of Environmental Services

166. To serve Emergency Prohibition Order - Section 43: ALL - Executive Directors, Head of Environmental Services 167. To serve Demolition Orders - Subsection (1) or (2) Section 265: Policy and Resources Committee – 22 February 2010 Page 629

168. To declare the Area in which premises with a Category 1 is located as a Clearance Area - Section 289(2) and (2A) (1985): 169. To deal with Failures to Comply with Improvement Notices - Section 30(1):

170. To recover Expenses for taking Enforcement Action - Section 31: Solicitor to the Council, Executive Directors, Head of Environmental Services

171. To prosecute for Failure to Comply with Prohibition Orders - Section 32(1): BOTH - Executive Directors, Head of Environmental Services 172. To authorise charges for Enforcement Action - Section 49:

173. To recover Charges - Section 50: Solicitor to the Council, Executive Directors, Head of Environmental Services

Part 2 - Licensing of Houses in Multiple Occupation 174. To Grant or Refuse Licences - Section 64: Executive Directors, Head of Environmental Services

175. To Vary Licences - Section 69: Executive Directors, Head of Environmental Services, Environmental Protection Manager

176. To revoke Licences - Section 70 ALL - Executive Directors, Head of Environmental Services 177. To Designate an Area subject to Additional Licensing - Section 56: 178. To Revoke Designation of an Area Subject to Additional Licensing - Section 60:

179. To Serve Temporary Licensing Exemption Notices - Section 62: Executive Directors, Head of Environmental Services, Environmental Protection Manager

180. To Prosecute for Offences - Section 72: Executive Directors, Head of Environmental Services SUBJECT TO RATIFICATION OF THE DECISION BY THE SOLICITOR TO THE COUNCIL SUBJECT TO NOTIFICATION OF WARD MEMBERS

181. To Apply - Rent Repayment Orders - Section 73: Executive Directors, Head of Environmental Services; Solicitor to the Council

Part 3 - Selective Licensing of Other Residential Accommodation BOTH - Executive Directors, Head of Environmental Services 182. To Designate Selective Licensing Areas - Section 80: 183. To Revoke Selective Licensing Areas - Section 84:

184. To Serve Temporary Licensing Exemption Notices - Section 86: Executive Directors, Head of Environmental Services, Environmental Protection Manager

Policy and Resources Committee – 22 February 2010 Page 630

185. To Grant or Refuse Licences - Section 88: Executive Directors, Head of Environmental Services

186. To Prosecute for Offences - Section 95: Executive Directors, Head of Environmental Services SUBJECT TO RATIFICATION OF THE DECISION BY THE SOLICITOR TO THE COUNCIL

187. To Apply - Rent Repayment Orders - Section 96: Executive Directors, Head of Environmental Services

Part 4 - Additional Control Provisions In Relation to Residential accommodation 188. To make Interim Management Orders - Section 102: Executive Directors, Head of Environmental Services

189. To Vary or Revoke Interim Management Orders - Section 102: BOTH - Executive Directors 190. To Revoke Final Management Orders - Section 113:

191. To make or Vary Final Management Orders - Section 113: Executive Directors, Head of Environmental Services

192. Power of Entry; Section 131: Head of Environmental Services, Environmental Protection Manager, Senior Housing Manager Chapter 2 193. To make Interim Empty Dwelling Management Orders –Section 133: BOTH - Executive Directors, Head of Environmental Services 194. To make Final Empty Dwelling Management Orders - Section 136:

Chapter 3 - To serve Overcrowding Notices - Section 139: BOTH - Head of Environmental Services, Environmental Protection 195. To revoke or vary Overcrowding Notice - Section 144: Manager, Senior Housing Manager

Mortgages: 196. To serve notice on mortgagors in arrears requiring either payments of the arrears Head of Resources or Chief Finance Officer of instalments or payment of the outstanding loan debt and, in default, to institute proceedings in the County Court for either recovery of debt or recovery of possession and power of sale as appropriate:

197. To authorise the affixing of Council's seal on redemption of mortgages: Solicitor to the Council

198. To suspend temporarily repayments of the principal element of house purchase BOTH - Head of Resources or Chief Finance Officer loans (authority to take effect retrospectively from date on which Social Security payments commenced): 199. To determine and declare at 6 monthly intervals local average rate of applicable to each of the two main categories of mortgage lending:

Policy and Resources Committee – 22 February 2010 Page 631

200. To transfer the outstanding sum to an alternative provider: BOTH - Chief Finance Officer 201. To authorise incentive payments for the transfer of the mortgage to an alternative SUBJECT TO THE CONSENT OF THE BORROWER provider: SUBJECT TO STATUTORY LIMITS

202. Housing Stock transfer : To agree monies due from Spire Homes under the terms Chief Finance Officer of the transfer contract:.

Homelessness 203. To decide on homelessness claims under Part III of the Act: Housing Services Officer; Housing Strategy Manager (appeal to Solicitor to the Council) In the absence of the Housing Services Officer or Housing Strategy Manager, the Executive Director (Planning ) to nominate an appropriately qualified officer in a neighbouring authority to make a recommendation on which a decision can be made by the ED (Planning) PROVIDED THAT A RECORD IS KEPT OF THE NAME(S) OF OFFICERS AND DATES OF ACTIONS TAKEN

Housing Grants Construction & Regeneration Act 1996 204. To approve applications for renovation, disabled facilities and home repair Head of Environmental Services or in his absence, Senior Housing grants: Manager or Environmental Protection Manager DETAILS TO BE REPORTED TO MEMBERS

205. Powers of entry, inspection & examination (Section 82): Head of Environmental Services; Senior Housing Manager; Environmental Protection Officer; Environmental Protection Manager; Grants Officers; Housing Technical Officer Racheal Phillips; Keith Randle; Stewart Sheppard

Land Drainage Act 1991 206. To undertake land drainage functions under Sections 14, 15, 25, 26 and 64: Executive Director ( Environmental )

Local Government Act 1972 – Sections 112 and 223 207. To act as appropriate in the Magistrates Court: Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager

Policy and Resources Committee – 22 February 2010 Page 632

Local Government & Housing Act 1989 – Section 97 Commercial Health Manager; Head of Environmental Services; 208. Powers of entry, inspection and examination: Environmental Protection Manager; Keith Randle; Technical Officers; Stewart Sheppard; Commercial Health Officer; Racheal Phillips; Environmental Protection Officers; Environmental Health Officers

Local Government (Miscellaneous Provisions) Act 1976 209. To serve Notices for removal of obstruction in private sewers (Section 35): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager Local Government (Miscellaneous Provisions) Act 1982 210. To serve notices and to arrange for work to be done in default and recover costs Head of Environmental Services; Environmental Protection Manager; (Section 29): Commercial Health Manager; Executive Director (ENVIRONMENTAL); Waste Manager Meat Products (Hygiene) Regulations 1994 Head of Environmental Services; Commercial Health Manager; 211. To issue approvals where premises meet required standard: Executive Director ( Environmental )

National Assistance Act 1993 See also Proper Officer Provisions 212. Powers of entry, inspection and examination: Commercial Health Manager; Environmental Protection Manager; Senior Housing Manager; Technical Officers; Commercial Health Officer; Grants Officer; Senior Technical Officer (Public Health); Racheal Phillips ; Environmental Protection Officers; Environmental Health Officers; Waste Manager

Noise & Statutory Nuisance Act 1993 Head of Environmental Services; Commercial Health Manager; 213. Powers of entry, inspection and examination (Schedule 3, para. 6): Environmental Protection Manager; Senior Housing Manager; Technical Officers; Commercial Health Officer; Grants Officer; Environmental Protection Officers; Senior Technical Officer (Public Health); Environmental Health Officers; Senior Environmental Health Officers Waste Manager

214. To serve notices and action any subsequent prosecutions Sections 2-5): BOTH - Executive Director ( Environmental ); Head of Environmental 215. To serve notices regarding recovery of costs (Sections 2-5): Services; Environmental Protection Manager; Commercial Health Manager Waste Manager

Noise Act 1996 (Section 8) Head of Environmental Services; Commercial Health Manager; 216. To issue Fixed Penalty Notices: Environmental Protection Manager; Waste Manager, Senior Environmental Health Officer, Environmental Health Officer, Commercial; Licensing Enforcement Officer, Commercial Health Officer, Technical Officer, Environmental Protection Officer

Policy and Resources Committee – 22 February 2010 Page 633

Pollution Prevention and Control (England and Wales) Regulations 2000 217. To undertake duties under Sections 10,11,12,13,17,1,21 & 24) Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager

Prevention of Damage by Pests Act 1949 218. To serve notices on owner or occupier requiring treatment and/or structural or Head of Environmental Services; Environmental Protection Manager; other works (Section 4): Commercial Health Manager; Waste Manager; Executive Director (Environmental ); Senior Environmental Health Officers; Environmental Health Officers; Technical Officer; Commercial Health Officer; Environmental Protection Officer

219. Powers of entry, inspection & examination (Part 1 and Section 22): Head of Environmental Services; Commercial Health Manager; Waste Manager; Environmental Protection Manager; Racheal Philli ps; Technical Officer; Commercial Health Officer; Stewart Sheppard; Environmental Protection Officer; Environmental Health Officer; Senior Environmental Health Officers

Public Health Act 1936 BOTH - Commercial Health Manager; Head of Environmental Services; 220. To serve Notices - Removal of Noxious Matter (Section 79): Environmental Protection Manager; Senior Housing Manager; 221. Powers of entry, inspection and examination (Section 287): Environmental Protection Officers; Technical Officers; Grants O fficer; Environmental Health Officers; Senior Environmental Health Officers; Commercial Health Officer Waste Manager

222. To serve notices - intention to fumigate (Section 83): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

223. To apply to Court in respect of domestic supplies or supplies where there is Head of Environmental Services; Commercial Health Manager; preparation of food/drink for human consumption (Section 140 - closure of Environmental Protection Manager; Waste Manager polluted water supply):

Public Health Act 1961 224. Powers of entry, inspection & examination (Sections 17,34,36 & 37): Commercial Health Manager; Head of Environmental Services; Environmental Protection Manager; Environmental Protection Officers; Technical Officers; Commercial Health Officer; Environmental Health Officers; Senior Environmental Health Officer; Senior Housing Manager; Grants Officer; Waste Manager

Policy and Resources Committee – 22 February 2010 Page 634

225. To serve notices/undertake work in default & recover costs (Section 17): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

226. To serve notices/recover costs (Section 34-Accumulations of Rubbish): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

227. To serve notices (Section 36): Head of Environmental Services; Environmental Protection Manager; Commercial Health Manager; Executive Director ( Environmental ); Waste Manager

Public Health (Control of Disease) Act 1984 - Section 61 See also Proper Officer Provisions 228. Powers of entry, inspection and examination: Senior Environmental Health Officers; Environmental Protection Officers; Technical Officers; Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Commercial Health Officer; Grants Officer; Environmental Health Officers; Senior Housing Officer; Waste Manager Public Health (Infectious Disease) Regulations 1998 See also Proper Officer Provisions 229. Powers of entry, inspection and examination: Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Technical Officers; Commercial Health Officer; Grant Officer; Environmental Protection Officer; Environmental Health Officers; Senior Environmental Health Officer; Waste Manager Rag Flock & Other Filling Materials Act 1951 - Section 13 230. Powers of entry, inspection & examination: Senior Environmental Health Officers; Environmental Protection Officers; Technical Officers; Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Senior Housing Manager; Racheal Phillips; Grants Officer; Commercial Health Officer

Refuse Disposal (Amenity) Act 1978 See also Clean Neighbourhoods and Environment Act 2005 231. Power to authorise proceedings for unauthorised dumping (Section 2): Head of Environmental Services; Environmental Protection Manager; Waste Services Manager; Waste Management Officers; Waste Project Officer; Environmental Protection Officers; Senior Environmental Services Officer; Environmental Services Officers; Commercial Health Manager SUBJECT TO CONSULTATION WITH THE CHAIRMAN OF POLICY & RESOURCES COMMITTEE SHOULD THE ESTIMATED COSTS EXCEED £1000.

Policy and Resources Committee – 22 February 2010 Page 635

232. To remove abandoned items/recover costs (Section 6): Executive Director ( Environmental ) or Head of Environmental Services or Waste Manager; Environmental Protection Manager; Commercial Health Manager REPORT ON ACTION TO MEMBERS

233. To serve notices (Sections 3 and 4) and to recover costs (Section 5): Executive Director ( Environmental ); Head of Environmental Services; Waste Manager; Waste Management Officers; Project Officer; Commercial Health Manager

234. Powers of entry (Section 8 - controlling fly-tipping) : Executive Director ( Environmental ); Head of Environmental Services; Waste Manager; Commercial Health Manager; Environmental Protection Manager; Senior Environmental Health Officers; Environmental Health Officers Technical Officers; Commercial Health Officer; Environmental Protection Officers Slaughter of Poultry Act 1967 - Section 4 235. Powers of entry: Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Senior Environmental Health Officer; Environmental Health Officers; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Waste Manager Slaughter of Poultry (Licences & Specified Qualifications) Regs.1991 236. To act as Welfare Supervising Officers: Head of Environmental Services; Commercial Health Manager; Technical Officer (Commercial) Sunday Trading Act 1994 – Sch. 2, para. 2 237. Powers of entry, inspection & examination: Senior Environmental Health Officers; Environmental Protection Officers; Technical Officers; Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Senior Hous ing Manager; Commercial Health Officer; Grants Officer; Environmental Health Officers Waste Manager TO BE REPORTED TO WARD MEMBERS AND LEAD MEMBER FOR ENVIROVNMENTAL SERVICES Water Act 1989 - Sections 56, 57, 58 and 59 (unwholesome or insufficient mains or private water supply 238. To take action: Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Executive Director ( Environmental ); Waste Manager Water Industry Act 1991 239. To serve Improvement Notices (Section 80): Head of Environmental Services; Commercial Health Manager; Public Health Manager; Executive Director ( Environmental ); Waste Manager 240. Powers of entry, inspection & examination (Section 84): Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Senior Environmental Health Officers; Environmental Health Officers; Technical Officers; Commercial Health Officer; Environmental Protection Officers; Senior Housing Manager; Grants Officer; Waste Manager Policy and Resources Committee – 22 February 2010 Page 636

Private Water Supplies Regulations 1991 241. To relax standards: Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Waste Manager Contravention of environmental health legislation 242. To issue cautions for minor offences: Head of Environmental Services; Commercial Health Manager; Environmental Protection Manager; Senior Environmental Health Officer (Commercial); Senior Technical Officer (Public Health) ; Executive Director (Environmental );Waste Manager End of Environmental Health delegation

D: FINANCIAL, STAFFING AND LEGAL/CORPORATE ISSUES Function/Legislation Delegation and Provisos (caps )

Council Tax, Benefits, Recovery of Money: Local Government Finance Acts 1988 and 1992 – 243. To represent the Council in proceedings in the Magistrates Court: Head of Revenue and Benefit Services; Business Rates Officer; Senior Revenue Officer

244. To deal with completion of dates of new or altered buildings: Head of Revenue and Benefit Services; Business Rates Officer; Senior Revenue Officer

245. To impose or quash penalties: Head of Revenue and Benefit Services; Chief Finance Officer

246. To administer the legislation including various control, management and relief Head of Revenue and Benefit Services; Chief Finance Officer functions:

Rate relief : 247. To approve applications for relief for partial occupation of non-domestic Head of Revenue and Benefit Services or Chief Finance Officer properties:

248. To approve applications for discretionary relief: Head of Revenue and Benefit Services; Chief Finance Officer

Policy and Resources Committee – 22 February 2010 Page 637

Local Government Finance Act 1992 and Council Tax Benefit Regulations 249. To implement and operate the Act and its supporting regulations: Head of Revenue and Benefit Services; Chief Finance Officer

250. To calculate the award of Council Tax benefit: Head of Revenue and Benefit Services; Assessment Staff and Quality Manager

251. To conduct internal reviews: Chief Finance Officer and Head of Revenue and Benefit Services

252. To operate the Council’s scheme on discretionary payments: Chief Finance Officer; Head of Revenue and Benefit Services

253. To represent the Council at Appeals Tribunals: Senior Assessment Officers and Quality Manager

254. To determine and recover the overpayment of benefit: Head of Revenue and Benefit Services; Senior Benefits Officer

255. To institute recovery proceedings through the Courts including representing the Head of Revenue and Benefit Services; Senior Benefits Officer; Recovery Council in Court: Officer

Social Security Contributions and Benefits Act 1992; Immigration and Asylum Act 1999 (Section 15); Social Security Administration Act 1992; Child Support, Pensions and Social Security Act 2000: Social Security (Consequential Provisions) Act 1992; Social Security Administration (Fraud) Act 1997; Social Security Act 1998; Tribunals, Courts and Enforcement Act 2007 256. To implement the Acts and supporting legislation: Head of Revenue and Benefit Services; Chief Finance Officer

257. To calculate and approve the award of housing benefit: Head of Revenue and Benefit Services; Assessment staff and Quality Manager

258. To conduct appeals for reconsideration: Chief Finance Officer and Head of Revenue and Benefit Services

259. To operate the Council’s scheme on discretionary payments: Chief Finance Officer; Head of Revenue and Benefit Services

260. To represent the Council at Appeals Tribunals: Senior Assessment Officers and Quality Manager

261. To determine and recover the overpayment of benefit: Head of Revenue and Benefit Services; Senior Benefits Officer

262. To institute recovery proceedings through the Courts including representing the Head of Revenue and Benefit Services; Senior Benefits Officer Council in Court:

Policy and Resources Committee – 22 February 2010 Page 638

263. To operate counter fraud activities in respect of benefit fraud, including Head of Revenue and Benefit Services authorising prosecutions, and imposing sanctions (see also Regulation of Investigatory Powers Act under Legal/Corporate below ) :

Transport Acts 1985 and 2000 264. To administer the Council’s agreed Concessionary Travel Scheme: Chief Finance Officer; Revenues Manager; Quality Manager

Public Health Act 1936 - Section 291 265. To enter into repayment agreements and make Charging Orders (expenses Both Executive Directors, with power to delegate to specific officers recoverable from owners):

Land transactions and Council Assets: Local Government Act 1972 (Sections 120-123) 266. To select valuer (etc): Head of the Paid Service or Executive Directors or Head of Resources

267. To deal with leases - (1) implementation of options to renew on terms specified in Head of the Paid Service or Executive Directors lease or to be negotiated by valuer (2) approve licences to assign existing leases:

Road Traffic Regulation Act 1984 268. To take court action in respect of contraventions of the Rushden Off-Street Solicitor to the Council SUBECT TO BEING SATISFIED AS TO THE Parking Places Order EVIDENCE

Town & Country Planning General Regulations 1976 269. To seek deemed planning permission (regulations 4 & 5): Executive Director (not-Planning)

Legal/Corporate Local Government Act 1972 (S 223 (1); Courts and Legal Services Act 1990; County Courts Act 1984; Rights of Audience Order 1999 270. To institute or defend proceedings in the Magistrates/County/High Court: Head of the Paid Service or Executive Directors, or Solicitor to the Council SUBJECT TO NOTIFICATION TO THE CHAIRMAN OF POLICY & RESOURCES AND THE LEADER

271. To authorise staff under the above provisions: Solicitor to the Council

272. To take Counsel's opinion when he deems it in the Council's interest: Head of the Paid Service or Executive Directors, or Solicitor to the Council CHAIRMAN OF THE POLICY AND RESOURCES COMMITTEE AND THE LEADER TO BE NOTIFIED Administration of Estates Acts, 1925 & 1971

Policy and Resources Committee – 22 February 2010 Page 639

273. To make application, in all appropriate cases, to administer the estates: Solicitor to the Council

Covert Surveillance: ( Regulation of Investigatory Powers Act 2000) 274. Authorisation of covert surveillance - undertaking investigations:- ALL SUBJECT TO THE COUNCIL’S CORPORATE POLICY & HOME Authorisation of requests for access to, and disclosure of, communications data: OFFICE CODE OF PRACTICE & FOR REQUESTS FOR COMMS. DATA TO BE CHANELLED THROUGH DEMOCRATIC SERVICES MANAGER (AS THE COUNCIL’S SINGLE POINT OF CONTACT) 1. Crime and disorder and anti-social behaviour; Noise; Licensing; Food Safety; Executive Director ( Environmental ); Head of Environmental Services; Littering; Dog Control; Flytipping; Refuse; Health & Safety; Abandoned Commercial Health Manager; Environmental Protection Manager; Waste Vehicles Manager

2. Planning Enforcement Executive Director ( Planning ); Head of Planning Services

3. Benefit Fraud Head of Revenue and Benefit Services; Executive Director (Revenues and Benefits)

4. Personnel Issues Head of Organisational Development; Executive Director (Organisational Development)

Other officers in absence of all 4 above: Solicitor to the Council; Democratic Services Manager

275. Covert Human Intelligence Authorisations for vulnerable people or juveniles, or Chief Executive (or other Executive Director in his absence) IN where surveillance involves communications subject to legal privilege, confidential CONSULTATION WITH LEADER OF COUNCIL (OR DEPUTY LEADER person information or confidential journalistic material: IN HIS ABSENCE)

Staff Benefits and Actions: : Local Government Act 1972 – Section 112(2) 276. To approve or decline applications for car loans from staff: Chief Finance Officer or Head of Resources

277. To approve changes to the defined cars as a result of changes to the Vauxhall Chief Executive range; discretion to disallow vehicles not deemed appropriate (Car leasing)

278. To deal with requests from Chief Officers for the grant of car allowances for Chief Executive appropriate posts:

279. To appoint, discipline and dismiss staff below the grade of Senior Officer & to Chief Executive initiate action for the discipline/dismissal of staff at/above that rank: Local Government Pensions Regulations 1997

Policy and Resources Committee – 22 February 2010 Page 640

280. To agree to the release of preserved benefits where the request does not Chief Finance Officer have significant cost implications:

Ombudsman – Maladministration : Local Government Act 2000 – Section 92 281. To make payments in cases of maladministration: Chief Executive SUBJECT TO REPORTING TO THE POLICY & RESOURCES COMMITTEE Leisure To agree the costs and charges associated with services being provided to the Chief Fi nance Officer Council by the Leisure Trust or any other relevant service to be included in this arrangement:

Local Government Act 1972 To approve Village Hall Grants up to £3,500 Head of Policy and Community Development and Executive Director (Policy and Community Development) Local Government (Miscellaneous Provisions) Act 1976 282. To approve Sport & Leisure , Youth Council , and Art , and Heritage Grants to Head of Policy and Community Development £3.5k:

D: PROPER OFFICER PROVISIONS - Local Government Act 1972: The Chief Executive & Clerk of the Council is the Proper Officer under the various sections indicated (April 1974):-

39 Electoral Registration Officer 41 Returning Officer for Elections 13 Parish Trustee 83 Declaration of Acceptance of Office 88 Notice of Resignation of Office 89 Receipt of Notice of Casual vacancy - local government electors 204 Receipt of Application for Justices Licence 146 Transfer of Securities 225 Deposit of Documents 210 Charity functions 234 Authentication of documents 229 Certification of photographic copies of documents 238 Certification of Byelaws 236 Procedure etc. for Byelaws Sch 12 Signature -Summons to Meeting; Receipt of Notices-address to send Summons 248 Keeping of Roll of Freemen Sch 16 Receipt on deposit of lists of protected buildings Sch14 Certification of Resolutions

The Chief Finance Officer is the Proper Officer for the sections indicated:-

Section 115(2) Receipt of money due from officers Section 228(3) Accounts to be open for inspection by Members Administration of the Council's financial affairs - The Monitoring Officer is the Proper Officer for the following:- Section 100A-K Access to Information

The Executive Director (Planning ) is the Proper Officer for:- Section 191 Functions relating to Ordnance Survey Policy and Resources Committee – 22 February 2010 Page 641

The Executive Director (Planning ) is the Proper Officer for:- Section 212 Local Land Charges Register

The Executive Director (Chief Finance Officer) is the Chief Property Officer (Asset Management).

The Head of Environmental Services is the Proper Officer for:- Housing Inspections Housing Act 2004 Section 4

Health Protection

The consultants in Health Protection below based in the East Midlands have been appointed as Proper Officers

Dr Philip Monk; Dr Deborah Modha; Dr Nachi Arunachalam; Mrs Cathy Mallaghan for the legislation indicated

Legislation & Sections Effect Public Health (Control of Disease) Act 1984 Sections 11, 18, 20, 21, 22, 24, 29, 31, Notification and control powers for Communicable Diseases 32,36, 38,40, 42, 43 and 48 Public Health (Infectious Diseases) Regulations 1988 - Regulations 6, 8, 9, 10 Additional Powers to the above Schedules 3 and 4 Public Health Act 1936 - Sections 84 and 85 Cleansing of filthy or verminous articles, persons or clothing Public Health Act 1961 - Section 37 Disinfestations of verminous articles offered for sale National Assistance Act 1948 - Section 48 Removal to suitable premises of persons in need of care and attention

The Head of Environmental Services is authorised to appoint Proper Officers in future to exercise the powers set out above subject to the appointees being the Consultants in Health Protection based in the East Midlands and approved by the Health Protection Agency.

Policy and Resources Committee – 22 February 2010 Page 642 Appendix 3

Draft East Northamptonshire Council Petitions Scheme

The Council welcomes petitions bearing 50 or more signatures within this Scheme and recognises that petitions are one way in which people can let us know their concerns. All petitions sent or presented to the Council will receive an acknowledgement from the Council within 14 days of receipt. This acknowledgement will set out what we plan to do with the petition.

Paper petitions can be sent to:

Rachel Reeds, Member Services Officer, East Northamptonshire Council, Cedar Drive, Thrapston NN14 9LZ or be created, signed and submitted online by following this link [link] 1

Petitions can also be presented to a meeting of the Council. There are 5 meetings of the Council each year, and dates and times can be found here [link]. 2 If you would like to present your petition to the Council, or would like your councillor to present it on your behalf, please contact Keith Osborne, Democratic Services Manager on 01832 742113 or e-mail kwosborne@east- northamptonshire.gov.uk at least 5 working days before the meeting and he will talk you through the process.

Throughout this Scheme, reference is made to “you” or “your” and this generally means the “petition organiser”.

What are the guidelines for submitting a petition?

Petitions submitted to the Council must relate to a function of the Council and include:-

• a clear and concise statement covering the subject of the petition. It should state what action the petitioners wish the Council to take

• the name and address and signature of any person supporting the petition Petitions should be accompanied by your contact details, as the petition organiser, including your address. This is to enable us to contact you to explain how we will respond to the petition.

• A minimum number of signatures to justify any action under this Scheme This has been set at 50 but there are higher thresholds which will justify other types of action (see pages……..).

1 include only if the e-petitions scheme is in place (this will be governed by secondary legislation) 2 Link to be included

Policy and Resources Committee – 22 February 2010 Page 643

Appendix 3

Your contact details, as the petition organiser, will not be placed on our website. If there is any doubt about the identity of the petition organiser, we will contact signatories to the petition to agree who should act as the petition organiser.

Petitions which are considered to be vexatious, abusive or otherwise inappropriate will not be accepted. If your petition does not follow the guidelines set out above, the Council may decide not to do anything further with it. In that case, we will write to you to explain the reasons.

What will the Council do when it receives the petition?

An acknowledgement will be sent to you, as the petition organiser within 14 days of receiving the petition, advising what we plan to do with the petition and when we will make a further response. It will also be published on our website.

If we can do what the petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. If the petition has enough signatures to trigger a Council debate, or a senior officer giving evidence, then the acknowledgment will confirm this and advise when and where the meeting will take place. If the petition needs more investigation, we will outline the steps we plan to take.

If the petition applies to a planning or licensing application, is a statutory petition (for example requesting a referendum on having an elected mayor), or on a matter where there is already an existing right of appeal, such as council tax banding and non-domestic rates, other procedures apply. Further information on all these procedures and how you can express your views is available here [insert links] 3

We will not take action on any petition which we consider to be vexatious, abusive or otherwise inappropriate and will explain the reasons for this in our acknowledgement of the petition.

To ensure that people know what we are doing in response to the petitions we receive the details of all the petitions submitted to us will be published on our website, except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (all personal details will be removed).

3 Insert link

Policy and Resources Committee – 22 February 2010 Page 644

Appendix 3

How will the Council respond to petitions?

Our response to a petition will depend on what a petition asks for and how many people have signed it, but may include one or more of the following:

• taking the action requested in the petition • considering the petition at a Council or Committee meeting • holding an inquiry into the matter • undertaking research into the matter • holding a public meeting • holding a consultation • holding a meeting with petitioners 4 • referring the petition for consideration by the Council’s Scrutiny Committee (responsible for scrutinising the work of the Council) • calling a referendum 4 • writing to the petition organiser setting out our views about the request in the petition • responding in accordance with the Council’s Comments, Complaints and Compliments Procedure (see page 6)

In addition to these steps, the Council will consider all the specific actions it can potentially take on the issues highlighted in a petition.

If your petition is about something over which the Council has no direct control we will consider whether to make representations on behalf of the community to the relevant body. The Council works with a large number of local partners [link to list of LAA partners] 5 and where possible will work with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. You can find more information on the services for which the Council is responsible here [link]. 6

If your petition is about something that a different council is responsible for we will consider the best method for responding to it. It might consist of simply forwarding the petition to the other Council, but could involve other steps. In any event we will always notify you of the action we have taken.

4 Not referred to in the legislation 5 Our website already lists our services & also County & parish services 6 Insert link

Policy and Resources Committee – 22 February 2010 Page 645

Appendix 3

Full council debates

If a petition contains more than 4,000 7 signatures it will be debated by the full Council unless it is a petition asking for a senior Council officer to give evidence at a public meeting. This means that the issue raised in the petition will be discussed at a meeting which all councillors can attend. The petition organiser will be given five three minutes to present the petition at the meeting and the petition will then be discussed by councillors for a maximum of 15 minute s. The Council will decide how to respond to the petition at this meeting. It may decide to take the action the petition requests, not to take the action requested for reasons put forward in the debate, or to commission further investigation into the matter, for example by a relevant committee. The petition organiser will receive written confirmation of this decision. This confirmation will also be published on our website.

Officer evidence Your petition may ask for a senior council officer to give evidence at a public meeting about something for which the officer is responsible as part of their job. For example, your petition may ask a senior council officer to explain progress on an issue, or to explain the advice given to elected councillors to enable them to make a particular decision.

If your petition contains at least 2000 8 signatures, the relevant senior officer will give evidence at a public meeting of the Council’s Scrutiny Committee. A list of the senior staff that can be called to give evidence can be found here 9 [link]

You should be aware that the Scrutiny Committee may decide that it would be more appropriate for another officer to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. Committee members will ask the questions at this meeting, but you will be able to suggest questions to the chair of the Committee by contacting Rachel Reeds – (see page 1) up to three working days before the meeting.

7 The proposed Order refers to no more than 5% of the total local authority population – ie 4300 in the Council’s case but a lower figure is proposed. 8 The Model Petitions Scheme is suggesting 1% of the total population (ie less than 1000) 9 Suggest only Chief Officers and Heads of Service

Policy and Resources Committee – 22 February 2010 Page 646

Appendix 3

E-petitions 10

The Council welcomes e-petitions which are created and submitted through our website [link]. E-petitions must follow the same guidelines as paper petitions (see page 1) .

The petition organiser will need to provide us with a name, postal address and email address, and decide how long the petition is to be open for signatures. This will usually be for a maximum of one month. Most petitions run for six months, but a shorter or longer timeframe, up to a maximum of 12 months , can be chosen .

When you create an e-petition, it may take five working days before it is published online. This is because we have to check that the content of your petition is suitable before it is made available for signature.

If we feel we cannot publish your petition for some reason, we will contact you within this time to explain. You will be able to change and resubmit your petition if you wish. If you do not do this within 14 days, a summary of the petition and the reason why it has not been accepted will be published under the ‘rejected petitions’ section of the website.

When an e-petition has closed for signature, it will automatically be submitted to Rachel Reeds – see page 1 . In the same way as a paper petition, you will receive an acknowledgement within 14 working days. If you would like to present your e-petition to a meeting of the Council, please contact Keith Osborne – contact details on page 1 - within five working days of the petition closing.

A petition acknowledgement and response will be emailed to everyone who has signed the e-petition and elected to receive this information. The acknowledgment and response will also be published on this website.

How do I ‘sign’ an e-petition? 10 You can see all the e-petitions currently available for signature here [insert link]. When you sign an e-petition you will be asked to provide your name, your postcode and a valid email address. When you have submitted this information you will be sent an email to the email address you have provided. This email will include a link which you must click on in order to confirm the email address is valid. Once this step is complete your ‘signature’ will be added to the petition. People visiting the e-petition will be able to see your name in the list of those who have signed it but your contact details will not be visible.

10 Inclusion of these sections should only be included if the Council has been able to introduce appropriate software by the date identified by the Government (representations are calling for a date in 2011)

Policy and Resources Committee – 22 February 2010 Page 647

Appendix 3

Petitions with between 50 and 199 signatures

Petitions within this category will be considered as part of Stage 3 of the Council’s published Comments, Complaints and Compliments Procedure [link] 11 Petition organisers will receive a response from the appropriate Executive Director.

Petitions with between 200 and 3,999 signatures

Petitions falling within this category (unless it is a petition asking for a senior Council officer to give evidence at a public meeting) will be considered in the first instance by the Council’s Senior Management Team (comprising the Chief Executive and two Executive Directors). The Leader and Deputy Leader of the Council, and, if appropriate, Committee Chairman and Lead Member, will be advised of the petition at the time of submission.

The action taken will be notified to all Members of the Council for information as well as the petition organiser and details will appear on the Council’s website.

What can I do if I feel my petition has not been dealt with properly?

If you feel that we have not dealt with your petition properly, you, as petition organiser, have the right to request that the Council’s Scrutiny Committee review the steps that the Council has taken in response to your petition 11.

The Committee will consider your request at the next appropriate meeting 12 within 30 days of receiving it. Should the Committee determine we have not dealt with your petition appropriately adequately 13, it may use any of its powers to deal with the matter. These powers include instigating an investigation, making recommendations to the appropriate Committee or Officer council executive and arranging for the matter to be considered at a meeting of the full Council.

Once the appeal has been considered you th e petition organiser will be informed of the results within seven working days. The results of the review will also be published on our website.

11 This role for the Scrutiny Committee has been included in the legislation, therefore it would be inappropriate for all petitions to be submitted to Scrutiny Committee in the first instance The legislation also seems flawed – petitions which have already been debated by full Council can still be subjected to the Scrutiny review, it appears 12 The wording in the Model Scheme is too prescriptive. Whilst we should not be adverse to calling special meetings, we should try as much as possible to fit the items into scheduled meetings 13 The legislation states “the adequacy of the authority’s steps” and in view of the wording in the first sentence, this is considered to be a better word

Policy and Resources Committee – 22 February 2010 Page 648

APPENDIX 4

Changes to the Constitution and Scrutiny Committee Terms of Reference (in red) Pursuant to introduction of Petitions Scheme

Part 1 - Summary

Citizens’ Rights

Citizens have a number of rights in their dealings with the Council. These are set out in more detail in Article 3. Some of these are legal rights; others depend on the Council’s own processes. Citizens’ Advice Bureaux can advise on an individual’s legal rights. Where members of the public use specific council services they have additional rights. These are not covered in this constitution.

Citizens have the right to:

• vote at local elections if they are registered;

• contact their local councillor and the Leader of the Council about any matters of concern to them;

• obtain a copy of the constitution;

• participate in the public time (petitions and speaking) at Council and committee meetings in accordance with the Council’s published procedures, and contribute to investigations by the Scrutiny Committee;

• attend meetings of the Council and its committees except where, for example, personal, confidential or otherwise exempt matters are being discussed;

• petition to request a referendum on a mayoral form of Executive;

• find out, from the annual Performance Plan and the committees’ forward programmes, what major decisions are proposed, when they are to be discussed and by whom;

• see reports and background papers, and the published record of decisions made by the Council and its committees, if these are not exempt from publication;

Policy and Resources Committee – 22 February 2010 Page 649

• complain to the Council if they are unhappy about a decision and the Council will consider the complaint in accordance with its published complaints procedure;

• complain to the Local Government Ombudsman if they think the Council has not followed its procedures properly. However, they should only do this after using the Council’s own complaints process;

• complain to the Council’s Monitoring Officer or the East Northamptonshire Standards Board if they have evidence which they think shows that a councillor has not followed the Council’s code of conduct;

• complain to the Chief Executive if they are unhappy about the actions or conduct of a council officer, and

• inspect the Council’s accounts and make their views known to the external auditor.

The Council welcomes participation by its citizens in its work through the Residents Panel; the comments, compliments and complaints procedure and through the various consultation exercises that take place throughout the year. For more information or to register interest contact the Customer Contract Centre at the Council Offices in Thrapston on 01832 742000.

Article 3 – Citizens and The Council

3.01 Citizens’ rights

People living and working (and in some cases studying) in East Northamptonshire have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution:

(a) Voting and mayoral petitions. Citizens on the electoral roll for the area have the right to vote and sign a petition to request a referendum for an elected mayor form of constitution.

(b) Other types of petitions. Those who live or work or study in the area have the right to submit petitions within the Council’s published Petitions Scheme

(i) attend meetings of the Council and its committees except where

Policy and Resources Committee – 22 February 2010 Page 650

confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;

(ii) see reports and background papers, and any records of decisions made by the Council and its committees, except insofar as they are confidential or otherwise exempt; and

(iii) inspect the Council’s accounts and make their views known to the external auditor.

(d) Participation . Citizens have the right to address the Council and meetings of its committees in accordance with the appropriate procedures and to contribute to investigations undertaken by the Scrutiny Committee.

(e) Complaints . Citizens have the right to complain to:

(i) the Council itself under its complaints procedures;

(ii) the Local Government Ombudsman after using the Council’s own complaints procedure; or

(iii) the council’s Monitoring Officer or the East Northamptonshire Standards Board about a breach of the Councillor’s Code of Conduct.

3.02 Citizens’ responsibilities

Councillors and Council Officers have an equal right to fair treatment. People must not be violent, abusive or threatening to councillors or officers and must not wilfully harm property or land owned by the Council, councillors or officers. All registered electors are encouraged to use their democratic right to vote.

Article 4 – The Full Council

4.01 Functions of the full Council

Only the full Council will exercise the following functions:

(a) adopting and changing the Constitution; (b) approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any housing land transfer; (c) agreeing and/or amending the terms of reference for Committees,

Policy and Resources Committee – 22 February 2010 Page 651

deciding on their constitution and making appointments to them;

(d) debating issues the subject of petitions signed by a specified number of people (as laid down in the Council’s published Petitions Scheme) (e) appointing representatives to outside bodies unless the appointment has been delegated by the Council; (f) adopting an allowances scheme for councillors under Article 2.05; (g) changing the name of the area; (h) confirming the appointment of the Head of the Paid Service; (i) appointing the Leader of the Council; (j) making, amending, revoking, re-enacting or adopting byelaws and promoting or opposing the making of local legislation or personal Bills; (k) deciding whether or not to accept a delegation of function from another local authority under Part 10.04 of this Constitution; (l) all local choice functions set out in Part 3 of this Constitution which the Council decides should be undertaken by itself; and (m) all other matters which, by law, must be reserved to the Council.

Article 7 – The Scrutiny Committee

7.01 Terms of reference

The Council will appoint a single Scrutiny Committee, the purpose of which is to manage and co-ordinate the overview and scrutiny process in accordance with the Scrutiny Arrangement Rules set out in Part 4 of the constitution and to monitor statutory and local performance indicators and set standards and targets for performance improvement. The Scrutiny Committee has the power to appoint time limited working parties and panels as necessary.

7.02 General role

Within its terms of reference, the Scrutiny Committee will:

(i) review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions;

(ii) make reports and/or recommendations to the full Council, the policy committees and/or any joint or area committee in connection with the discharge of any functions;

Policy and Resources Committee – 22 February 2010 Page 652

(iii) consider any matter affecting the area or its inhabitants;

(iv) exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the policy committees and/or any joint committees;

(v) oversee any Inspection programme and consider reports relating to service reviews and Inspections, and may make recommendations.

(vi) oversee the Council’s performance framework, monitor statutory and local indicators and consider reports relating to service performance, standards and targets and may make recommendations for service and performance improvement.

(vii) Consider petitions where, in accordance with the Council’s Petitions Scheme, a senior member of the Council’s staff (identified as the Chief Executive, Executive Directors or Heads of Service) shall answer the Committee’s questions and explain how they are delivering public services

(viii) Act as a review body where petition organisers feel that the way the Council has dealt with the petition response has not been appropriate.

7.03 Specific functions

(a) Policy development and review . The Scrutiny Committee may:

i) assist the Council in the development of its budget and policy framework by in-depth analysis of policy issues;

ii) conduct research, community and other consultation in the analysis of policy issues and possible options;

iii) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

iv) question Members of the Council and the policy committees, the Chief Officers and Heads of council services, about their views on issues and proposals affecting the area; and

v) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

Policy and Resources Committee – 22 February 2010 Page 653

(b) Scrutiny . The Scrutiny Committee may:

i) review and scrutinise the decisions made by, and performance of, the policy committees and Chief Officers both in relation to individual decisions and over time;

ii) review and scrutinise the performance of the Council in relation to its policy objectives;

iii) question Members of the Council and the policy committees and Chief Officers about their decisions and actions, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

iv) make recommendations to the Council and/or appropriate policy committee arising from the outcome of the scrutiny process;

v) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance; and

vi) question and gather evidence from any person (with their consent).

(c) Finance . The Scrutiny Committee shall exercise overall responsibility for the finances made available to discharge the overview and scrutiny function.

(d) Annual report . The Scrutiny Committee must report annually to the full Council on the operation and effectiveness of scrutiny arrangements and make recommendations for future work programmes and amended working methods if appropriate.

(e) Officers . The Scrutiny Committee will be serviced by the corporate committee administration, subject to the Officer/Member Protocol set out in Part 5 of this constitution.

7.04 Proceedings of the Scrutiny Committee

The Scrutiny Committee and any working party or panel appointed by it will conduct its proceedings in accordance with the Scrutiny Procedure Rules set out in Part 4 of this constitution.

Policy and Resources Committee – 22 February 2010 Page 654

Part 4.1 – Council Procedure Rules

2. ORDINARY MEETINGS

2.1 Ordinary meetings of the Council will take place in accordance with a programme decided at the Council’s annual meeting. A minimum of six ordinary meetings of the Council shall be held each year .

2.2 A time limit of two hours applies for consideration of business (excluding time allowed for the public to speak).

2.3 Order of proceedings at meetings unless otherwise provided by law or directed by the Council.

Ordinary meetings will: i. appoint a person to preside if the chairman or vice-chairman are absent; ii. receive and, if appropriate within the Council’s published Petitions Scheme, debate, petitions ; and hear from members of the public of which notice has been given in relation to matters which in the opinion of the person presiding at the meeting are relevant to the business of the meeting; iii. receive any apologies for absence from the meeting; iv. approve the minutes of the last meeting (which shall be taken as read); No motion or discussion shall be allowed on the minutes except as to their accuracy. (see Rule 17) v. receive any declarations of interest from Members and Officers under section 50 of the Local Government Act 2000; vi. receive any official announcements, notices or reports from the Chairman or the Chief Executive vii. receive any announcements or reports from the Leader; viii. receive reports from the chairmen of the Council’s policy committees and receive questions and answers on any of those reports; ix. consider any recommendations arising from the reports of the chairmen of committees; x. receive, for information, the minutes of Licensing Panel and Taxi Panel meetings; xi. receive reports about and receive questions and answers on the business of joint arrangements and external organisations; xii. consider motions of which notice has been given in accordance with Rule 11, in the order in which they were received; xiii. consider any other business specified in the summons to the meeting, including any business appointed for the particular meeting by resolution

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of a previous meeting, any proposals in relation to the Council’s budget and policy framework and reports of the scrutiny committees for debate; xiv. interview any person(s) invited to attend the meeting; and

9. PUBLIC TIME AT MEETINGS

9.1 (a) General

Members of the public who have given notice of their intention to speak may address the Council at ordinary meetings of the Council and committees in accordance with the Council’s published procedures. A period of not more than 15 minutes will be allowed before the formal business of the meeting during which members of the public may speak for up to 3 minutes or present a petition on a matter due for consideration at the meeting. A ‘member of the public’ includes a local resident, a Parish or Town Council representative and an applicant (in the case of the Development Control Committee, this can be an agent). This right reflects Articles 6 and 10 of the European Convention of Human Rights (Right to be heard and Freedom of Expression).

(d) Petitions

Different provisions apply to petitions. Petitions may be presented to a Council meeting by petition organisers or a councillor on their behalf.

Some petitions may trigger debates at a Council meeting if they contain sufficient signatures within the Council’s Petitions Scheme. In these cases, the subject will be set out in the Summons for the meeting, and the petition organiser will be told, in writing, of the Council’s decision.

Petitions which call for a specific senior officer to answer questions on the delivery of a Council service will, provided they contain sufficient signatures within the Council’s published Petitions Scheme, be submitted to the Scrutiny Committee. That Committee will also review the Council’s response on a petition, on receipt of an appeal from the petition organiser.

Policy and Resources Committee – 22 February 2010 Page 656

Part 4.4 – Scrutiny Procedure Rules

6. Terms of reference

6.1 The Scrutiny Committee will fulfil the overview and scrutiny role in relation to Council services and, in particular will (a) review and scrutinise decisions, and exercise the right to ‘call–in’, in accordance with these Procedure Rules; (b) assist in the development of the overall budgetary and policy framework; and (c) oversee the performance management framework and any service review programme and consider reports of reviews, and make recommendations, and

(d) within the Council’s published Petitions Scheme, consider petitions which call for a senior officer of the Council to attend the Committee to answer questions on how a particular service is being delivered; and also to review the Council’s response to petitions in cases where the petition organiser feels this is inadequate.

and In so doing , the Committee may

(a) review and assess the quality of services (b) review information from customer satisfaction surveys (c) receive reports on quality and service from the Policy and Resources Committee or Chief Officer, and from Auditors and Inspectors, and recommend improvements as appropriate (e) identify and promote best practice in relation to service delivery (f) co-ordinate and publish information on service performance.

6.2 Within its overall terms of reference, the role of the Scrutiny Committee in relation to the development of the Council's budget and policy framework is set out Article 7, and in the Budget and Policy Framework Procedure Rules at Part 4.3 of the constitution.

6.3 The Scrutiny Committee may hold inquiries and investigate the available options for future direction in policy development and, provided appropriate financial provision is available, may appoint advisers and assessors to assist them in this process. The committee may make site visits, conduct public surveys, hold public meetings, commission research and do other things that it reasonably considers necessary to inform its

Policy and Resources Committee – 22 February 2010 Page 657

deliberations. The committee may ask witnesses to attend to address them on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so within the allocation of funds approved by the Council. In the development of policy, the Scrutiny Committee may require any member of the Council, and/or the Chief Officers or Heads of council Services to attend before it to discuss their views on issues and proposals affecting the council area, and it is the duty of those persons to attend if so required.

10. Members and Officers giving account

10.1 The Scrutiny Committee may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions and shall do so if a petition has been received, within the Council’s Petition Scheme, calling for a senior officer to attend to answer questions on the delivery of a service . As well as reviewing documentation, in fulfilling the scrutiny role it may require any member of a policy committee and/or the Chief Officers or Heads of Service to attend before it to explain in relation to matters within their remit:-

(a) any particular decision or series of decisions; (b) the extent to which the actions taken implement Council policy; and/or (c) their actions;

and it is the duty of those persons to attend if so required.

10.2 A policy committee member may ask the relevant chief officer or Head of Service to attend with him or her to provide advice.

10.3 Where any Member or officer is required to attend a Scrutiny Committee meeting under this provision, at least 7 working days notice of the meeting at which he/she is required to attend will be given. The notice to attend will state the nature of the item for which attendance is required and whether any papers are required to be produced for the committee. Where the production of any report is required, the Member or officer concerned will be given due and reasonable notice to allow documentation to be prepared. Where the Member or officer is unable to attend on the required date, the Scrutiny Committee shall, in consultation with the Member or officer, arrange an alternative date for attendance within a maximum of two months from the date of the original request.

10.4 The powers of the Scrutiny Committee to review decisions do not extend to the scrutiny of individual decisions made by the Council or any

Policy and Resources Committee – 22 February 2010 Page 658

committee or sub committee in respect of development control, licensing, or registration matters.

Terms of Reference of Scrutiny Committee Approved by Council - 1 March 2007 - Minute 391

1 The Council has appointed a single Scrutiny Committee, comprising 15 members of the Council appointed at the Annual Meeting. The Committee’s purpose is to manage and co-ordinate the overview and scrutiny process in accordance with the Scrutiny Procedure Rules set out in Part 4.4 of the Constitution and to monitor statutory and local performance indicators and set standards and targets for performance improvement. The Scrutiny Committee has the power to appoint time- limited working parties, review teams and panels as necessary.

2 The Terms of Reference of the Scrutiny Committee are set out in Article 7 of the Constitution. These were approved and adopted by the Council on 1 March 2007 in accordance with Article 4.1 (c) of the Constitution.

3 The Scrutiny Committee terms of reference are to

(a) review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions;

(b) make reports and/or recommendations to the full Council, the Policy and Resources Committee and/or any joint or area committee in connection with the discharge of any functions;

(d) exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the policy committees and/or any joint committees;

(e) consider reports from the Audit Commission and internal and external auditors where considered appropriate by the Chief Finance Officer;

(f) oversee the Council’s performance framework, monitor statutory and local performance indicators and consider reports relating to service performance, standards and targets and may make recommendations for service and performance improvement;

Policy and Resources Committee – 22 February 2010 Page 659

(g) assist the Council in the development of the Council’s Budget and Policy Framework by in-depth analysis of policy issues;

(h) conduct research, community and other consultation in the analysis of policy issues and possible options;

(i) consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

(j) question Members of the Council and the policy committees, and Chief Officers and Heads of Council Services, about their views on issues and proposals affecting the area;

(k) liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

(l) review and scrutinise the decisions made by and performance of, the policy committees and Chief Officers both in relation to individual decisions and over time;

(m) review and scrutinise the performance of the Council in relation to its policy objectives;

(n) question Members of the Council and the policy committees and Chief Officers about their decisions and actions, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

(o) within the Council’s published Petitions Scheme, consider petitions which call for a senior officer of the Council to attend the Committee to answer questions on how a particular service is being delivered; and also to review the Council’s response to petitions in cases where the petition organiser feels this is inadequate.

(p) make recommendations to the Council and/or appropriate policy committee arising from the outcome of the scrutiny process;

(q) review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance;

(r) question and gather evidence from any person (with their consent)

Policy and Resources Committee – 22 February 2010 Page 660

(s) receive reports from Council Champions.

4 The Constitution requires the Scrutiny Committee to report annually to the full Council on the operation and effectiveness of scrutiny arrangements.

5 Proceedings of the Scrutiny Committee and any Sub Committee, working party or scrutiny panel appointed by it take place in accordance with the Procedure Rules set out in Part 4.1 of the Constitution and the Scrutiny Procedure Rules set out in Part 4.4 of the Constitution.

Policy and Resources Committee – 22 February 2010 Page 661

APPENDIX 5

STATEMENT OF COUNCILLORS’ SUPPORT Addition to Part 2 of the Constitution Article 2

Delete 2.05 - Allowances

And substitute -

2.05 Support

The Council provides support to Councillors to enable them to perform their roles and functions. For the purposes of section 1(2)(c) of the Local Democracy, Economic Development and Construction Act 2009, support for Councillors includes:

• Members’ Allowances Scheme: (see Part 6 of the Constitution). Members are entitled to receive - travel allowances (support covers vetting of claims, advice and payment) - Basic and Special Responsibility Allowances (payment and administration) • Training (internal, external, conferences) • Induction arrangements following elections • IT support: - Option of computer allowance of £250 per year or equipment (laptop and printer) - Payment for broadband internet - Training, setting up of equipment or installation of broadband/Citrix where equipment not supplied, maintenance of Council equipment, use of servicedesk • Printing of headed paper and paper with individual letterhead, and supply of plain printer paper • Printing and supply of business cards • Agendas/reports/minutes/briefings sent by post and/or e-mail as preferred • Yearbook • Schedule of Meetings on a weekly basis (as an aide memoire and supplementing the published Calendar of Meetings) • Briefings given by, and meetings held with, Chief Officers and Heads of Service on a wide variety of topics (Leader, Committee Chairmen, Lead Members, Champions etc) • Information service (e-mailing of details of interest to Members – including action taken under the Officers’ Delegation Scheme – all Members or Ward Members or Chairmen/Vice-Chairmen) • Publication of dates for Members’ Surgeries (via Nene Valley News) • Guidance/advice on Standards/Code of Conduct issues (Monitoring Officer) • Guidance/advice on other constitutional or procedural matters, including Council meetings • Responses to Members’ enquiries and requests • Schedules of action taken after policy committee meetings, and monitoring of action • Administration of Scrutiny Call In arrangements • Use of the Members’ Room and Library • Circulation of a weekly list of planning and licensing applications • Free car parking.

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SCRUTINY COMMITTEE

Date: 24 February 2010

Venue: East Northamptonshire House, Cedar Drive, Thrapston

Time: 7.30 pm

Present: Councillors: - Phil Stearn (Chairman) Glenvil Greenwood-Smith (Vice-Chairman)

David Bateman Ron Pinnock Richard Gell Duncan Reid Marian Hollomon Pam Whiting Barbara Jenney Clive Wood Brian Northall

PART A ITEMS

374. MINUTES

The minutes of the meetings held on 7 December 2009 and 5 January 2010 were approved and signed by the Chairman.

375. APOLOGIES FOR ABSENCE

Councillors Peter Bedford, Tony Boto, Sue Homer and Gill Mercer sent apologies.

376. DECLARATIONS OF INTEREST

There were no declarations of interest under Section 50 of the Local Government Act 2000.

377. UPDATE ON COUNTY-WIDE SCRUTINY ARRANGEMENTS

The Committee was updated on the progress that had been made to establish a county- wide scrutiny arrangement. It was reported that, following lengthy discussions with all the proposed membership of the Board, the draft terms of reference had been revised and improved. These revised terms of reference had been endorsed by the Public Service Board. Members were reassured that the sentiment of the Terms of Reference had not changed and that most of the additions and amendments were procedural details.

RESOLVED:

That the revised Terms of Reference of the Northamptonshire Overview and Scrutiny Board be approved.

378. FUTURE WORK PROGRAMME

The Head of Policy and Community Development facilitated a workshop to aid the Committee in developing its future work programme. The Members reviewed the aims of the

Scrutiny Committee – 24 February 2010 Page 663 Corporate Plan, which were grouped into eleven potential review areas, and prioritised them for review, having taken into account current activity. The agreed work programme is attached at Appendix 1 and forms part of this minute.

Members discussed how to move forward with the programme in preparation for the new municipal year. It was agreed that Councillors Marian Hollomon, Ron Pinnock, Barbara Jenney and Richard Gell would scope review B and feed their suggestions into the next meeting of the Committee. The group were to consider outcomes, resource implications, and training needs as part of the scoping exercise.

PART B ITEMS

379. ANNUAL REPORT 2009

Members considered a draft of the Committee’s Annual Report to the Council. A revised page on the work of the Performance Panel was tabled at the meeting and a correction to the section on county-wide scrutiny arrangements agreed.

R.16 RESOLVED TO RECOMMEND:

That the 2009 Annual Report of the Scrutiny Committee as set out in Appendix 2 to these minutes at pages 667 to 676 be approved by the Council for publication.

Chairman

Scrutiny Committee – 24 February 2010 Page 664 Appendix 1 to minute number 378

Scrutiny Committee Review Programme from May 2010

Year Priorities Scrutiny Review Programme Notes/Comments Enhanced customer experience Head of Customer Services brought MOSAIC data to Improved access to information and Scrutiny – Could incorporate this scrutiny review around services services and mystery shopping. What are the different Customer focus experiences for the MOSAIC groups. A Customer and community insight New Corporate Branding in place last year. Do people Improved business processes recognize our services/information. Strong corporate brand New website goes live in April. Improved website and online What do customers feel has changed since Corporate transactions Plan? Impact of change in payment options?

Strong communities Area Based Initiatives (ABI’s) 1 complete 2 underway – 2010-11 Reduced deprivation different priorities/sections of community affected since recession – still appropriate? B Community leadership Improved market towns Market town improvements; Transition Towns Deprivation indices. Impact of economy and recession.

Strengthened strategic partnerships Partnership protocol in place. C Effective third sector Relationships with identified key partners. Understanding the local vol. sector.

D Effective business continuity Monitored by Audit and Risk Committee

Reduced crime Opportunity to look at crime figures and perceptions of A Reduced anti-social behaviour crime. Lack of awareness; high profile on Place Survey; Improved road safety education opportunities; need for accurate and useful statistics. 2011-12 Increased participation in play, sport, Manor Park project in construction tendering process – B leisure and culture CCP Management agreement in place until 2013. Good public health Rockingham Forest Trust, Stanwick Lakes, Greenway

Future Clean streets Waste Management WP. – Contract review so not A Effective management of waste appropriate for Scrutiny review at this time; 18 months from award of contract would be good time.

Meeting housing needs Growth Agenda - No LDF to test against. B Covered by Planning Policy Committee and Area Working High quality built environment Parties that report into it.

Employer of choice Staff terms and conditions currently under review. C Continuous development Members behaviour framework. Appropriate behaviours Restructure in progress.

Good value for money Budget Review Group undertaking this role D Good use of resources

Scrutiny Committee – 24 February 2010 Page 665 Rushden Regeneration Manor Park project in construction tendering process. E Consultation process ongoing re Rushden regeneration and masterplan.

Scrutiny Committee – 24 February 2010 Page 666 Scrutiny Committee

Chairman’s Annual Report - 2009

Contents Page

Introduction 1 How the Committee Operates 2 Membership 3 Scrutiny Meetings 3 Review of Service Plans 3 Development Control Service Improvement Plan 4 Members’ Use of ICT 4 Monitoring of Section 106 Agreements 5 Care and Repair 5 Constitutional Changes 5 Performance Panel 7 Membership 7 Work Undertaken by the Panel 7 Other Aspects of Scrutiny 8 FOSIG 8 Northamptonshire Overview and Scrutiny Board 8 Requests for “Call-In” under Scrutiny Procedure Rule 14.3 8 The Role of Scrutiny in the Committee System 8 Work Programme for 2010 9 Conclusion 9

Scrutiny Committee – 24 February 2010 Page 667

Introduction

Introduction by Councillor Phillip Stearn

Chairman of East Northamptonshire Council’s Scrutiny Committee

I am pleased to present the Scrutiny Committee’s eighth annual report, which identifies the work of the Committee in the last year.

I would like to thank all members of the Committee for their committed and enthusiastic contribution to its work. Many people have contributed to the success of Scrutiny in East Northamptonshire, including external organisations and Council Officers; my thanks go to all of them.

The Committee looks forward to the continuing progress of our scrutiny arrangements in the year to come.

Scrutiny Committee – 24 February 2010 Page 668

How the Committee Operates

The Scrutiny Committee is a standing confirming or supportive way – when it committee of the Council and its role is agrees with a particular approach. to undertake, manage and co-ordinate the overview and scrutiny process - a The Local Government Act 2000 responsibility created by the Local makes a clear distinction between Government Act 2000. those Councillors who make policy decisions and others whose role is to The Scrutiny Committee’s Terms of challenge and scrutinise those Reference are set out in Article 7 of decisions. For this to be effective, the Council’s Constitution 1, Part 4.4 of Members of the Scrutiny Committee which empowers the Committee to must retain their independence and operate in its own right and/or set up need to develop an effective time limited working parties to review questioning approach. To provide this or scrutinise decisions and to support separation of roles, none of the the work of the Council and its policy Members of the Scrutiny Committee committees. serves on the Council’s primary policy committee, the Policy and Resources East Northamptonshire Council Committee. continues to operate Committee arrangements and, although the The Committee takes this opportunity scrutiny process is arguably more to draw to Councillors' attention, the relevant in a Council operating under potential for a conflict of interests Executive arrangements, where where Scrutiny Committee Members decisions are taken by a small group also represent the Council on external of Councillors forming a ‘Cabinet’, it bodies and decisions made by, or still fulfils a valuable role. Council activities involving these external bodies may be ‘called-in’ for This is because the Council’s Scrutiny scrutiny purposes. Committee has the necessary time, resources and freedom from routine committee business to undertake in- depth investigations and can report and make recommendations to the Council as a result. Scrutiny Committee Members have a significant role in developing new policy through their in depth investigations and the recommendations arising from them. The Committee also has power to ‘“call-in”’ a decision that has been made by a policy committee. The Scrutiny Committee cannot reverse a policy committee’s decision but can recommend that the committee reconsiders the decision or that the matter be referred to the full Council. The Committee can also act in a

1 www.east-northamptonshire.gov.uk/Constitution

Scrutiny Committee – 24 February 2010 Page 669

Membership

At 1 January 2009 From 11 May 2009

David Bateman Gill Mercer David Bateman Gill Mercer (Vice-Chairman) Peter Bedford Brian Northall Peter Bedford Brian Northall

Tony Boto Ron Pinnock Tony Boto Ron Pinnock

Richard Gell Phillip Stearn Richard Gell Duncan Reid (Chairman) Glenvil Greenwood Pam Whiting Glenvil Greenwood- Phillip Stearn Smith Smith (V-Chairman) (Chairman) Marian Hollomon Clive Wood Marian Hollomon Pam Whiting

Sue Homer Colin Wright Sue Homer Clive Wood

Barbara Jenney Barbara Jenney

Scrutiny Meetings

We held five full meetings during the year and a summary of the issues we how information about customers was considered and our resolutions are set gathered and utilised, and the efforts out below. to increase ease of access to services for customers. Members also “walked through” a presentation that had been used to raise staff awareness about the types of customers East Reviews of Service Plans Northamptonshire Council has, what services they might want, and how they prefer to receive them, based on customer insight work by Experian. This year, we have continued the important process of gaining a better At the April meeting the Head of understanding and appreciation of the Revenues and Benefits gave a work of the Council’s Service teams. presentation on the work of his service area and the work being done to help At the February meeting we received a the community during the economic presentation from the Head of downturn. The presentation covered Customer Services The presentation the work of the Revenues and Benefits covered the development of the teams on the collection of Council Tax service, the work of the Customer and business rates, the administration Service team at the three locations of Housing and Council tax benefit and (Thrapston, Oundle and Rushden), the Concessionary Fares scheme, running the Corporate Post Room, and

Scrutiny Committee – 24 February 2010 Page 670

in Benefits Counter Fraud. He then negatively on the performance of explained the problems faced by the Development Control, such as the high Revenues and Benefits service in volume of applications early in 2008, each area and the increasing workload publication deadlines, site visits, the as a result of the economic downturn rise in appeals, and, in particular, staff and the solutions being implemented shortages which had led to an or considered to deal with these excessive backlog, increased delays problems. and an increased number of complaints. At the June meeting the Head of Resources gave a presentation on the In September the Committee received work of his service area and the the final update on the progress of the changes that had taken place since Development Control Improvement the internal restructure. The Plan. We were pleased to note many presentation covered key changes, improvements within the service, such performance targets, risks and as improved public access and challenges for the Amenities, Finance, increased liaison with Town and Corporate Administration, Democratic Parish Councils. 94% of Members and Services and Internal Audit teams that 87% of customers, when surveyed, jointly form the Resources service were satisfied with the development area. control process. Performance had also improved in relation to major At the September meeting the Head of applications and pre-application Policy and Community Development queries. A number of procedures had and the managers within her team also been improved and a full gave a presentation on the work of complement of staff had been their service area. The presentation reached. We noted the marked covered key changes, performance improvement in performance over the targets and challenges for the two year implementation period of the Community Development, Policy and Improvement Plan and thanked the Performance, Communications, Development Control officers for their External Funding and Information work in putting improvements in place Management teams that jointly form the Policy and Community Development service area. Members discussed with the officers issues Members’ Use of ICT including Freedom of Information requests, community sport, publicising the role of Members, the success of InHouse (the internal newsletter), and The Committee received an update on the difficulties facing voluntary sector progress made since the Members’ funding in the current economic Use of ICT to Access Information climate. event had been held on 26 March. The issue of Members’ use of ICT had been raised in December 2008 and the Committee had requested that an Development Control Service information evening be held for all Improvement Plan Councillors. We received details about the four areas that were discussed at the session – EUNICE (intranet), the The Committee received updates website, remote access, and training. throughout the year on progress with We were pleased to note that officers the Development Control Improvement had taken action to address as many Plan. We considered the internal and of the issues raised and many others external factors which had impacted would be addressed when the

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Council’s new website and intranet go Officers Working Group. We noted that live (scheduled for February 2010 and since the Scrutiny Committee review December 2010 respectively). many of the recommendations had Members commented that EUNICE been addressed. Members were and the website had improved since informed that the Council had a good the issue of Members’ use of ICT had working relationship with Spire Homes been raised by the Committee. Care and Repair and Officers were committed to working with them to further develop the service. The Officers were commended on their Monitoring of Section 106 successful bid for £126,000 from the Agreements Department of Communities and Local Government to fund the introduction of a handyman scheme across the East The Committee reviewed the current Northamptonshire Council and position in relation to the handling of Borough Council of Wellingborough Section 106 agreements, the areas. improvements made since the Scrutiny Committee review in 2004, and the The Committee recognised there was opportunities for changes to the a need to build on the existing approach in the future. We noted that relationship with Spire Homes and 19 of the original 21 recommended noted that a robust service level actions of the review team had been agreement would give Care and completed by February 2006 and had Repair stability and help the Council to resulted in considerable improvement establish the level of service it wished to processes and procedures, to provide. Our recommendation that including more robust accounting the Council enter into a Service Level arrangements. The creation of a Agreement with Spire Homes Care dedicated monitoring post and the and Repair for three years was enforcement compliance post within approved by the Council. Development Control in 2007 had led to much greater resilience in respect of the monitoring and enforcement of Constitutional Changes agreement timescales. Further improvements included the development of much more effective working relationships with Town and At our December meeting we Parish Councils; a diary system for discussed a number of changes to the outstanding Section 106 agreements Constitution proposed by the so trigger and payment points were Constitution Review Group which monitored and action taken covered the following issues: accordingly; regular updating of • Member access to confidential finance spreadsheets; and bi-annual papers; meetings with Northamptonshire • Ability for Members not serving County Council in respect of Education on particular Committees to obligations. remain in meetings after the exclusion of the press and public; • Determination of Licensing Care and Repair matters (non liquor and gambling) and conservation area adoption and reviews; • Involving Members in pre- In June the Committee reviewed the application discussions. progress of the Care and Repair

Scrutiny Committee – 24 February 2010 Page 672

We also considered a draft Development Control Charter, Enforcement Policy, Major Application Protocol and Member Involvement in Pre-application Discussions Protocol, which had been endorsed by the Development Control Committee .

All of the proposed changes to the Constitution were endorsed by the Committee and later adopted by the Council.

We look forward to considering further changes to the Constitution in 2010 as a result of the ongoing review.

Scrutiny Committee – 24 February 2010 Page 673

Performance Panel

Membership

From 7 May 2008 Glenvil Greenwood-Smith Phillip Stearn (Chairman) Pam Whiting to May 2009 Barbara Jenney Duncan Reid from May 2009

Gill Mercer

Work undertaken by the Panel

All the Council’s performance data is within the target tolerance or over- collected and monitored using the performing. software Performance Plus. In 2009, a new Policy and Performance Team joined During the year measures that have East Northamptonshire Council and they been identified as giving cause for report performance measures to SMT concern were referred to Scrutiny and each month and Performance Panel Heads of Service. In certain cases quarterly, or more often if appropriate. Heads of Service have made presentations to, and held discussions Performance Panel met five times in 2009 with, Performance Panel. Development to consider the statutory national (NI) Control and ICT are examples. indicators and local performance (EN) Development Control Team Managers measures. They also scrutinised the attended monthly meetings with two results of the 2008/09 Place Survey. members of Performance Panel and SMT to monitor the improvements The Panel primarily considers quarterly instigated by DC themselves. performance against targets, focussing on Performance of these measures has those measures over-performing and improved throughout 2009. ICT Head of under-performing in Quarter 1 and 3. In Service attend Performance Panel in addition, they focused on the measures 2009 to explain the operation of certain that were within tolerance in Quarter 2 measures, the methods of calculation and 4. This is to ensure that there is and how they intend to sufficient advance warning of any enhance performance. Performance declining or over performance, both of Panel also requested further which have potential customer background analysis of some measures satisfaction, national and local financial in 2009 to quantify the worth of implications. compliance and the value of the data. Special attention was given and At the end of 2009 (December), 78.5% of recognition sent to the teams whose all Statutory and Local measures were measures have consistently performed well through out the year.

Scrutiny Committee – 24 February 2010 Page 674

Other Aspects of Scrutiny

Fourth Option Special Interest the Council’s representatives on the Group (FOSIG) Board. We look to the Board to not only look at issues put forward by the Public I currently represent the Council on the Service Board and the work of the Local Government Association’s Public Service Board itself, but to work Fourth Option Special Interest Group. together with the other districts and This group gives a voice to local boroughs on scrutinising common authorities, like East Northamptonshire issues, such as highways. Council, which have chosen to make “alternative arrangements” by retaining Requests for “Call -In” under their committee structures, rather than Scrutiny Procedure Rule 14.3 adopt a Cabinet or Executive management structure. No decisions were “called in” by members of the Scrutiny Committee Northamptonshire Overview and during the year. Scrutiny Board

In April the Committee considered The Role of Scrutiny in the proposals to set up county-wide Committee System scrutiny arrangements to undertake the overview and scrutiny function in Members believe that Scrutiny respect of the Northamptonshire Committee activity can make a Public Service Board All Local significant impact on service Authorities in Northamptonshire had improvement and policy development been invited to nominate two non- locally and will continue to do so as executive Members, along with the current Committee grows in representatives from the Police experience and confidence. Authority and the Primary Care Trust, to form the Board. Assurances had The Committee has the necessary been given that the Board would not time and resources to carry out in- seek to dictate the local Scrutiny depth inquiries. We encourage the Committee’s work programme. The policy Committees to make use of intention was that the county Scrutiny scrutiny investigations to look at issues Board would review issues that of concern. affected the county as a whole, or recommendations made by the Public We believe that all Members of the Service Board. There would be no Council need to be aware of the way in compulsion to participate if any chosen which the “call-in” procedure operates topic had no relevance locally and no and it is important that this continues recommendations made would be to form part of induction training for all binding on this Committee or on the newly elected Members. Council. The Terms of Reference of the Board were adopted and the Members are satisfied with the Chairman and Vice-Chairman of the independence of the Committee and Scrutiny Committee were appointed as the support provided to us by Officers to date.

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Work programme for 2010

During 2010, the difficult economic reviews throughout the year, including, situation means there will be increased climate change, community safety, pressure on limited resources and the access to NHS dentistry, services for Council has an even greater need to young people, and licensing. We demonstrate value for money in the intend to start the year by agreeing a future. We will seek to structure our detailed future work programme. work programme in a way that ensures priority is given to reviewing the We look forward to considering progress we have made towards matters of concern to local achieving the Priority Outcomes set communities, looking in depth at more out in the Corporate Plan. The work of the Council’s services and receiving programme will therefore focus around regular reports from the Performance areas such as: crime and ant-social Panel. behaviour; the customer experience; strong communities and reduced We will continue to monitor our training deprivation; and market towns. We needs and set target dates for follow-up look to the Performance Panel to reports from Officers on earlier studies, enable us to become more involved in where that’s appropriate. the scrutiny of services where performance is less than satisfactory. This year we propose to publish the work programme for 2010 with the Annual The Committee considered and Report. researched a number of topics for

Conclusion

The eighth year of operation for the Scrutiny Committee has been a period of consolidation and continued learning. Whilst there have not been any significant reviews this year, we believe that, during the year, the Committee has continued to make a significant contribution to the work of East Northamptonshire Council and we look forward to building on this during the year ahead.

Councillor Phillip Stearn Chairman

On behalf of the Scrutiny Committee

February 2010

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