MINUTES OF THE COUNCIL

AT THE MEETING OF THE COUNCIL OF THE BOROUGH OF LUTON HELD AT THE TOWN HALL, LUTON ON

TUESDAY 21st JANUARY 2014 AT 6.00 P.M.

PRESENT:

THE MAYOR - Councillor Roden. THE DEPUTY MAYOR - Councillor Zia COUNCILLORS - Akbar, Ashraf, M. Ayub, N. Ayub, Bailey MBE, Burnett, Campbell, Cato, Chapman, J. Davies, R. J. Davis, Dolling, Farooq, Foord, Franks, Gale, Garrett, Hanif, Hinkley, Hopkins, Hussain, A. Khan, T. Khan, Knight, Lewis, Malcolm, K. Malik, T. Malik, Mead, Moles, O’ Callaghan, Rathore, Riaz, Rivers, Saleem, Sharif, Shaw, Simmons, Skepelhorn, Taylor, Titmuss and Worlding.

1 MINUTES (REF: 1)

Resolved: That the Minutes of the meeting of the Council held on 5th November 2013 be taken as read, approved as a correct record and signed by the Mayor.

2 APOLOGIES FOR ABSENCE

Apologies for absence from the meeting were received on behalf of Councillors Stewart MBE, Timoney and Whittaker.

3 MEMBERS' CONDUCT (REF: 2.1)

The Mayor reminded Members of the need to observe proper conduct, to show respect for each other and to observe her rulings at meetings of the Council.

4 MAYOR’S CHARITY EVENTS (REF: 2.2)

The Mayor advised Members of a number of her upcoming Charity events:

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 Luton Town Football Club Dinner in the Eric Morecambe Suite on Friday 24th January 2014 at 7.00 p.m.

 Lewsey Sport Pavilion Race Night at Lewsey Park, Pastures Way on Friday 7th February 2014 at 7.00 p.m.

 Hat Fashion Show at the Town Hall on Friday 14th March 2014 at 6.30 p.m.

Tickets and further details regarding Mayoral charity events could be obtained from Business and Member Services.

5 DEATH OF FORMER COUNCILLOR MOHAMMED RAMIS ALI (REF: 2.3)

The Mayor announced the recent death of former Councillor Mohammed Ramis Ali who had been first elected to the Council in 1995 and served until 2003 representing the Biscot Ward.

Councillors Simmons and Hussain and the Mayor spoke in tribute to former Councillor Ali, commending his significant contribution to the community and pioneering of the voluntary sector within Luton.

The Council then stood in silent tribute to his memory.

6 LOCAL GOVERNMENT FINANCE ACT 1992

The Chief Executive advised Members of the Council that there were no items before the Council which were within the ambit of Section 106 of the Local Government Finance Act 1992.

7 DISCLOSURES OF INTEREST

The Chief Executive reported the following disclosures of interest received:

 Councillors Dolling and Saleem disclosed personal but not prejudicial interest in agenda items 9.3: ‘Bedfordshire Police and Crime Panel: Allowances’ as a Council appointed representatives to the Bedfordshire Police and Crime Panel.

 Councillor Sharif disclosed a personal but not prejudicial interest in agenda item 11.2: Notice of Motion ‘Police - body worn video equipment’

8 PRESENTATION – INDIVIDUAL ELECTORAL REGISTRATION (REF: 3)

The Mayor introduced David Olima from the Cabinet Office who gave a presentation on Individual Electoral Registration to Council.

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The Electoral Services Manager gave a presentation to Council on the Luton perspective of Individual Electoral Registration (IER).

Members queried the process, timetable and proposals to advise members of the public of the implementation and implications of IER. Members suggested that the Electoral Services Manager present the information to a future cycle of Area Board meetings.

David Olima and the Electoral Services Manager responded to Members queries and suggestions.

Resolved: That David Olima and the Electoral Services Manager be thanked for their presentations on Individual Electoral Registration (IER) and the Luton Perspective of IER respectively.

9 QUESTION UNDER STANDING ORDER 7.1 (REF: 5)

Councillor Garrett asked and Councillor Taylor responded to a question (Ref: Q/1/14) of which written notice had been given under Standing Order 7.1.

Councillor Franks asked and Councillor Naseem Ayub responded to a question (Ref: Q/2/14) of which written notice had been given under Standing Order 7.1. In responding to the question Councillor Naseem Ayub indicated that she would send a written response in relation to the following supplementary question:  The activity of existing neighbourhood watch schemes  Action being taken to get people involved in the schemes.

Councillor Dolling asked and Councillor Taylor responded to a question (Ref: Q/3/14) of which written notice had been given under Standing Order 7.1.

Councillor Burnett asked and Councillor Akbar responded to a question (Ref: Q/4/14) of which written notice had been given under Standing Order 7.1.

Councillor Franks asked and Councillor Taylor responded to a question (Ref: Q/5/14) of which written notice had been given under Standing Order 7.1.

10 REPORTS OF THE BEDFORDSHIRE FIRE AND RESCUE AUTHORITY (REF: 6) Councillor Saleem, the Council spokesperson on the Bedfordshire Fire and Rescue Authority presented the reports on the proceedings of the meetings of the Authority held on 22nd October and 11th December 2013.

Resolved: That the reports (Ref: 6) be received.

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11 BEDFORDSHIRE FIRE AND RESCUE AUTHORITY: QUESTIONS (REF: 7)

The Mayor advised that no written notice had been given by Councillors under Standing Order 15.1 of their intention to ask a question of the Bedfordshire Fire and Rescue Authority.

12 TREASURY MANAGEMENT MID YEAR REPORT (REF: 8.1)

Councillor Simmons presented the recommendations of the Executive (18th November 2013) on the Treasury Management Mid Year Report (Ref: 8.1).

In responding to a question Councillor Simmons indicated that she would send a written response to Councillor Franks in relation to the following question:

‘Why, when the borrowing need identified at paragraph 15 has gone from £12,328 to £14,438, an increase of £2.11million, is the CFR shown in paragraph 16 gone up by £12.423million?

It was then proposed by Councillor Simmons, seconded by Councillor Shaw and:

Resolved: (i) That the Mid Year Report on Treasury Management for the year ended 30th September 2013 as set out at Appendix A to the report of the Chief Executive (Head of Policy and Performance)(Ref: 8.1)) be approved;

(ii) That the changes to the Council’s prudential indicators for: Capital Expenditure and the Capital Financing requirement as set out in the tables at paragraphs 14 and16 of Appendix A to the report of the Chief Executive (Head of Policy and Performance)(Ref: 8.1)) be approved.

(Note: The above item was submitted to the Council as the document formed part of the Council’s Budget Framework.)

13 ADOPTION OF ‘MINERALS AND WASTE LOCAL PLAN STRATEGIC SITES AND POLICIES’ (REF: 8.2)

Upon consideration of the recommendations of the Executive (16th December 2013) on the Adoption of ‘Minerals and Waste Local Plan Strategic Sites and Policies’ (Ref: 8.2) it was proposed by Councillor Taylor, seconded by Councillor Simmons and:

Resolved: (i) That the ‘Minerals and Waste Local Plan: Strategic Sites and Policies’ incorporating the modifications proposed by the inspector in his report, as set out at Appendix A to the report of the Chief Executive (Head of Policy and Performance)(Ref: 8.2)) be adopted

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(ii) That the ‘Minerals and Waste Local Plan: Strategic Sites and Policies’ as identified at (i) above, be approved for inclusion in the Council’s Policy Framework.

14 CHANGE OF MEMBERSHIP ON HEALTH AND WELLBEING BOARD (REF: 9.1)

Upon consideration of the report of the Chief Executive (Head of Policy and Performance) (Ref: 9.1) on the change in membership on the Health and Wellbeing Board it was proposed by Councillor Simmons, seconded by Councillor Ashraf and:

Resolved: That Linda Hennigan be replaced with Dave Boyle as the representative of the Community Safety Executive on the Health and Wellbeing Board with immediate effect.

15 CHANGE OF MEMBERSHIP ON HEALTH AND SOCIAL CARE REVIEW GROUP (REF: 9.2)

Upon consideration of the report of the Chief Executive (Head of Policy and Performance) (Ref: 9.2) on the change in membership on the Scrutiny: Health and Social Care Review Group it was proposed by Councillor Simmons, seconded by Councillor Ashraf and:

Resolved: That Councillor Zia be replaced with Councillor Tahir Malik as a Member of the Scrutiny: Health and Social Care Review Group with immediate effect.

16 BEDFORDSHIRE POLICE AND CRIME PANEL - ALLOWANCES (REF: 9.3)

Upon consideration of the report of the Chief Executive (Head of Policy and Performance) (Ref: 9.3) on the Bedfordshire Police and Crime Panel - Allowances it was proposed by Councillor Saleem, seconded by Councillor Dolling and:

Resolved: That Council note that no allowances would be payable to the Chair or any member of the Bedfordshire Police and Crime Panel from the Home Office funding available to meet Panel costs.

(Note: Councillors Dolling and Saleem disclosed personal (but not prejudicial) interests in the above item insofar as they were Council appointed representatives to the Bedfordshire Police and Crime Panel and remained in the meeting, participating in the discussion and voting on the item).

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17 AMENDMENT TO PART 7 (SCHEME OF DELEGATION TO OFFICERS (NON-EXECUTIVE FUNCTIONS)) COUNCIL CONSTITUTION (REF: 10.1)

Upon consideration of the report of the Head of Human Resources and Monitoring Officer (Ref: 10.1) it was proposed by Councillor Simmons, seconded by Councillor Ashraf and

Resolved: (i) That Part 7 of the Council Constitution (Scheme of Delegation to Officers (Non-Executive Functions)) be amended as set out at Appendix A to the report (Ref: 10.1) with immediate effect; and

(ii) that the Monitoring Officer be requested to make any necessary changes to the Council’s Constitution to give effect to (i) above.

18 APPOINTMENT TO THE VACANCY OF AN INDEPENDENT MEMBER OF STANDARDS COMMITTEE (REF: 10.2)

Upon consideration of the report of the Head of Human Resources and Monitoring Officer (Ref: 10.2) it was proposed by Councillor Simmons, seconded by Councillor Shaw and

Resolved: That Madeleine Williams be appointed as an Independent member of the Standards Committee, commencing on 22nd January 2014 for a four year term.

19 NOTICE OF MOTION (REF: 11.1)

(a) It was proposed by Councillor O’Callaghan, seconded by Councillor R J Davis that:

‘Council:

Deplores the suffering forced upon Luton residents as a result of this Coalition government’s cuts programme.

Believes that the Banks, who created the problem in the first place, should be making the largest contribution to solving it.

Is clear that there are practical alternatives to this ideologically driven attack on public services. First among these should be to levy a Financial Transaction Tax (FTT) on the speculative activities that have made a very few richer, and so many poorer.

Therefore calls upon Government to enact the FTT and use the revenues from this measure to halt and reverse damaging cuts in central grants, to this and other councils.’

(b) An amendment was proposed by Councillor Franks and seconded by Councillor Chapman. Page 376 of 323

Upon being put to the meeting, the amendment was lost:

‘At the end of the first paragraph delete the full stop and insert:

“, made necessary by the failure of Tony Blair and Gordon Brown to properly regulate the banks.”’

(c) The motion was then put to the meeting and it was:

Resolved: That:

‘Luton Borough Council:

Deplores the suffering forced upon Luton residents as a result of this Coalition government’s cuts programme.

Believes that the Banks, who created the problem in the first place, should be making the largest contribution to solving it.

Is clear that there are practical alternatives to this ideologically driven attack on public services. First among these should be to levy a Financial Transaction Tax (FTT) on the speculative activities that have made a very few richer, and so many poorer.

Therefore calls upon Government to enact the FTT and use the revenues from this measure to halt and reverse damaging cuts in central grants, to this and other councils.’

20 NOTICE OF MOTION (REF: 11.2)

(a) It was proposed by Councillor Simmons, seconded by Councillor Franks that:

‘Council:

Supports, in principle, the immediate introduction for all Police Constables to wear body-worn video equipment which is to be activated during all arrests / detentions or use of force.’

(b) An amendment was proposed by Councillor Franks, seconded by Councillor Chapman that:

‘Add a second paragraph: “Council further believes that, since police officers cannot predict how any conversation with a member of the public will progress, the

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equipment should be activated at the commencement of any such conversation.”’

And (c) The amended motion was accepted by the mover and seconder of the original motion.

(d) The amended motion was then put to the meeting and it was:

Resolved: That:

‘Luton Borough Council:

Supports, in principle, the immediate introduction for all Police Constables to wear body-worn video equipment which is to be activated during all arrests / detentions or use of force.

Further believes that, since police officers cannot predict how any conversation with a member of the public will progress, the equipment should be activated at the commencement of any such conversation.’

(Note: (i) Councillor Sharif disclosed a personal (but not prejudicial) interest in the above item insofar as she was employed by the office of the Police and Crime Commissioner and remained in the meeting, participating in the discussion and voting on the item.

(ii) The meeting ended at 8.20 p.m.)

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Council 19th February 2014 SUMMONS AND AGENDA

To: All Members of the Council Town Hall, Luton LU1 2BQ Tel: 01582 546000

13th February 2014

Dear Councillor

You are hereby summoned to attend a meeting of LUTON BOROUGH COUNCIL to be held in the COUNCIL CHAMBER, TOWN HALL, LUTON on

Wednesday 19th February 2014 at 6.00 p.m.

for the purpose of transacting the business set out in the Agenda below.

Yours sincerely

Trevor Holden, Chief Executive.

AGENDA No. 2/14

1. MINUTES

To approve as a correct record the Minutes of the meeting of the Council held on 21st January 2014 as set out on pages 32 to 39.

2. MAYOR'S ANNOUNCEMENTS Page 9 of 323 Council 19th February 2014 SUMMONS AND AGENDA

3. CORRECTION SHEET

The Mayor to refer to any correction sheet circulated at the meeting.

Page Nos.

4. RECOMMENDATIONS OF THE EXECUTIVE

Meeting held on 20th January 2014

1. Local Plan 40 to 51 (Local Plan available in the Members Room) Meeting held on 10th February 2014

2. Revenue Budget 2014/15 and Capital 52 to 60 Programme 2014/19 (Appendix 1 circulated with Council Enclosures)

3. Housing Revenue Account (HRA) Estimates – 61 to 71 Rents and Service Charges 2014/15 (Appendices circulated with Council Enclosures)

4. Treasury Management & Annual Investment 72 to 74 Strategy 2014/15 (Appendices circulated with Council Enclosures)

5. RECOMMENDATIONS OF ADMINISTRATION COMMITTEE

Meeting held on 20th January 2014

1. Pay Policy Statement 2014/15 75 to 76 (Appendices circulated with Council Enclosures)

6. REPORT OF THE CHIEF EXECUTIVE (HEAD OF POLICY AND PERFORMANCE)

1. Members’ Allowances To Follow

7. REPORT OF THE HEAD OF HR AND MONITORING OFFICER

1. Recording of Voting 77 to 79

Page 10 of 323 AGENDA ITEM

5.1

COUNCIL

DATE: 19TH FEBRUARY 2014

SUBJECT: REFERENCE FROM EXECUTIVE – LOCAL PLAN UPDATE

REPORT BY: HEAD OF POLICY AND PERFORMANCE

CONTACT OFFICER: ANGELA FRASER 01582 546070

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: ALL

PURPOSE

1. The purpose of this report is to refer to the Council a recommendation arising from the Executive held on 13th January 2014 in relation to the Local Plan Update.

RECOMMENDATION(S)

2. That Council adopts the revised Local Development Scheme attached as an Appendix to this report.

BACKGROUND

3. Over the last 18 months the Borough Council has been preparing evidence to progress a new development plan. A series of member seminars in 2011 and public consultation in the summer of 2013 were conducted, which asked the Luton community what should be in the new Local Plan for Luton (covering the period 2011-31). Following advice from counsel and the Planning Inspectorate, it has been recommended given the unusual circumstances facing the town that a draft Local Plan should be prepared for

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consultation. This should be conducted before the council moves to the next formal stage of plan-making, the ‘Pre-submission Local Plan’. The draft Local Plan consultation is proposed to take place in February for 6 weeks (closing in March 2014), pending the outcome of a joint Strategic Housing Market Assessment refresh (SHMA 2013). The outputs of this joint SHMA refresh are anticipated in January 2014.

4. The attached document Appendix 1 Draft Local Plan will be made public as initial thinking on shaping a draft Local Plan forming the basis for ongoing engagement particularly with neighbouring local authorities, before the draft Local Plan consultation in February 2014 or as soon as is possible after completion of the joint SHMA.

REPORT

5. At its meeting held on 13th January, 2013, the Executive considered a report from the Head of Planning & Transportation with regard to the Local Plan Update, and subsequently resolved:

“ (i) The attached document in Appendix 1 ‘draft Local Plan’ be made public as initial thinking on shaping a draft Local Plan forming the basis for ongoing engagement (Regulation 18 The Town and Country Planning (Local Planning) (England) Regulations 2012) with neighbouring local authorities and stakeholders; and (ii) That a draft Local Plan public consultation take place in February 2014 or as soon as possible after completion of the joint Strategic Housing Market Assessment (refresh 2013) with Luton and Central Bedfordshire (and other authorities on the steering group), and a revised Sustainability Appraisal; (iii) Delegated authority be given to the portfolio holder and the Head of Planning and Transport to make any necessary further minor adjustments to the resultant draft Local Plan for consultation and to include the ‘baseline population and housing projection’ (either as a range or single figure) or an agreed ‘objective housing need’ for the Borough as informed by the SHMA refresh 2013; (iv) That a separate consultation is undertaken on site provision for Gypsy and Traveller and show people needs unless there is sufficient time to incorporate this work into the draft Local plan for consultation; (v) The Local Development Scheme be revised to reflect the proposed timetable on plan preparation and then be referred to full council for adoption before publication on-line.”

6. The reason for the decision was to ensure the future housing and employment needs of the borough are met.

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LEGAL IMPLICATIONS

7. The legal implications are as set out in the original report of the Head of Planning & Transportation as attached at Appendix.

FINANCIAL IMPLICATIONS

8. The financial implications are as set out in the original report of the Head of Planning & Transportation as attached at Appendix.

APPENDIX

9. Appendix: Executive Report 13th January 2014, Item 12 Local Plan Update.

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

Executive Decision EX/06/14

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For: (x) Agenda Item Number: 12 Executive X CLMT th Meeting Date: 13 January 2013 Report of: Head of Planning & Transportation Report author: Kevin Owen

Subject: Local Plan Update Consultations: (x) Councillors (For Executive Only) Scrutiny x Lead Executive Member(s): Sian Timoney Stakeholders Wards Affected: All Others

Recommendation That the Executive agrees:-

1. The attached document in Appendix 1 ‘draft Local Plan’ be made public as initial thinking on shaping a draft Local Plan forming the basis for ongoing engagement (Regulation 18 The Town and Country Planning (Local Planning) (England) Regulations 2012) with neighbouring local authorities and stakeholders; and 2. That a draft Local Plan public consultation take place in February 2014 or as soon as possible after completion of the joint Strategic Housing Market Assessment (refresh 2013) with Luton and Central Bedfordshire (and other authorities on the steering group), and a revised Sustainability Appraisal; 3. Delegated authority be given to the portfolio holder and the Head of Planning and Transport to make any necessary further minor adjustments to the resultant draft Local Plan for consultation and to include the ‘baseline population and housing projection’ (either as a range or single figure) or an agreed ‘objective housing need’ for the Borough as informed by the SHMA refresh 2013; 4. That a separate consultation is undertaken on site provision for Gypsy and Traveller and show people needs unless there is sufficient time to incorporate this work into the draft Local plan for consultation; 5. The Local Development Scheme be revised to reflect the proposed timetable on plan preparation and then be referred to full council for adoption before publication on-line.

Background 6. Evidence to progress a new development plan has been prepared over the last 18 months. This followed a series of member seminars in 2011 and public consultation in the summer of 2012 that asked the Luton community what should be in a new Local Plan for Luton (covering the period 2011-31). Following advice from counsel and the Planning Inspectorate, it has been recommended given the unusual circumstances facing the town that a draft Local Plan should be prepared for consultation. This should be conducted before the council moves to the next formal stage of plan-making, the ‘Pre-submission Local Plan’. The draft Local Plan consultation is proposed to take place in February for 6 weeks (closing in March 2014), pending the outcome of a joint Strategic Housing Market Assessment refresh (SHMA 2013). The outputs of this joint SHMA refresh are anticipated in January 2014.

7. In the interim, the attached document in Appendix 1 ‘Duty to Cooperate – Engagement Document’ will be made public as initial thinking on shaping a draft Local Plan forming the basis for ongoing engagement particularly with neighbouring local authorities, before the draft Local Plan consultation in February 2014 or as soon as is possible after completion of the joint SHMA. Page 1443 of 323

8. Consulting on a draft Local Plan and its supporting evidence will mean that there is a delay to the overall plan-making timetable. It will ensure that the public and all other stakeholders, including neighbouring authorities and key agencies, have sufficient input at an early stage to comment on the evidence and strategic, cross boundary issues.

9. The Planning Inspectorate stressed the importance of ensuring that the plan explains, right from the beginning, the exceptional circumstances facing this town. This should be up-front in the ‘Introduction’ to help all stakeholders and an examining inspector to get the full story on where the plan is going and why. The structure of the plan and polices will flow from that story.

10. The new Local Plan 2011 to 2031 will replace the existing Local Plan 2006 -11, which is at risk of becoming out of date. The National Planning Policy Framework (NPPF) requires plan preparation to be based on sound and objective evidence.

11. When preparing a Local Plan, the Localism Act 2011 requires that local authorities cooperate with their neighbours to address strategic, cross boundary issues. This duty to cooperate includes the resolution of any unmet needs that arise within their Housing Market Areas which cross local authority boundaries and for other functional relationships e.g. economy and transport. For a plan to be found sound, there must be clear evidence that this duty has been consistently implemented (i.e. active, constructive and ongoing) by a local authority with other authorities from initial thinking through to evidence preparation. The duty does not impel local authorities to agree on outcomes but this would be the ideal outcome. Over the last year there has been a growing list of planning examinations which have resulted in plans being stopped or found unsound because of the failure to demonstrate that the ‘duty to cooperate has been satisfied or because of evidence deficiencies (e.g. whether a proper SHMA has not been undertaken):-

 Coventry City – Duty to Cooperate (February 2013)  Melton – SHMA, SHLAA, Sustainability Appraisal (April 2013)  West Northants – SHMA evidence (May 2013)  Greater Norwich Partnership – Viability evidence (May 2013)  Waverly – Duty to Cooperate, SHMA (June 2013)  Hart District Council – Duty to Cooperate, SHMA (July 2013)  North West Leicestershire – Duty to Cooperate, SHMA (July 2013)  Mid Sussex – Duty to Cooperate, SHMA (December 2013)

12. Officers have recently met with neighbouring local authorities (Central Bedfordshire and North Hertfordshire Districts) to agree a ‘road map’ for the authorities to set out appropriate officer and member level mechanisms to ensure that the duty is complied with. Other authorities within the Housing Market Area will also need to be party to this process should the level of unmet need for Luton also require their contribution. We are also requesting that CLG officials be involved in this engagement process.

13. The Executive has responded to neighbouring plan preparation earlier this year, and signalled its preference for a thorough examination of strategic cross boundary matters around the town and how any unmet need can be addressed though the duty to cooperate. In particular, the need to ensure that sustainable communities are created close to Luton where the need arises (i.e. that an examination of options north, east and west of Luton should be examined [Executive Report 15th April 2013: Luton Borough Council’s response to Central Bedfordshire Council’s Pre- submission Development Strategy consultation January 2013 and matters relating to the Sustainable Urban Extension Houghton Regis North 1 (HRN1) planning application consultation; Page 1544 of 323

and Executive Report 23rd September 2013: Luton Borough Council’s response to North Hertfordshire – New Local Plan Further Consultation: Housing Additional Location Options – July 2013]).

14. On 25th March 2013, the Executive considered key evidence studies commissioned over 2012/13, which would form part of the core evidence base needed to progress the local plan review. Further evidence streams have been completed since that meeting and a number are also nearing completion (as summarised in Appendix 2: Evidence Study Progress, Assumptions and Outputs). This evidence will need to be finalised before progressing to Pre-submission consultation. Under the duty to cooperate, consultation on the draft plan will include continued engagement with neighbouring authorities and stakeholders on that evidence. Provided that Luton takes and documents all of the necessary steps for engagement under the duty to cooperate, the risks of failure and an unsound plan will be minimised. These are risks that other authorities and stakeholders will face if they are unwilling to engage with us.

The current position Report

Objective evidence, plan viability and financial austerity

15. Since 2012 the Member Local Plan Working Party (MLPWP) has been steering the approach to progressing the draft Local Plan and in particular, has over-seen the collation of objectively assessed evidence on which to base the borough’s needs and the capacity to meet those needs. The Government has constrained the approach to planning gain and for the purposes development plan preparation and the viability of policies. This recognises the limited expectations that can be placed on developers and businesses through planning contributions in order to ensure that viable growth and development takes place following austerity and the economic downturn.

16. In Luton, viability work on initial thinking for policies and site allocations clearly shows the constrained viability of development opportunities within the town and, therefore, the limited scope for planning gain to secure needed infrastructure. This makes it very difficult to resolve competing service priorities but nevertheless some hard choices need to be made. For example, housing land and affordable housing provision versus schools, business, jobs and green space.

17. This task is made more complicated by the legal duty to cooperate with neighbouring local authorities to agree the objectively assessed housing need for the borough and wider housing market area. The need is identified via the joint Strategic Housing Market Assessment (SHMA) and negotiations are ongoing until a final SHMA output can be agreed with those authorities. We hope that this process will be concluded in the coming weeks with a SHMA figure of approximately 22,000 households, but until then we have to refer to a range of between 19,000 and 32,000 households.

18. Informed by Luton’s Strategic Housing Land Availability Assessment (SHLAA), Luton can, however, only identify land supply to accommodate approximately 6,000 dwellings over the plan period and even delivering this figure involves some very tough issues around education and viability on keeping sites such as Power Court. Identifying the level of unmet housing need is therefore critical to agreeing how neighbouring authorities can help Luton with its plan. Not only do they need to help with the unmet housing need but they also need to ensure that neighbouring development plans provide sustainable communities with necessary supporting infrastructure that joins up with Luton.

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Opportunities and Constraints

19. Given the tough choices and inability to achieve all priorities, the draft Local Plan has followed the priorities set by the MLPWP (and members’ seminars in 2011) that set out a balanced approach to the scale of housing and employment development over the plan period. These priorities should protect critical environmental and social resources such as open space and biodiversity while addressing:-

 the unique opportunities for regeneration and business growth in terms of the town’s sub- regional role for employment, its accessibility and economic drivers (such as the airport) as evidenced in the Employment Land Review Study;  the critical urgency to housing the town’s growing population driven by natural growth and migration with an increasing affordability gap, as evidenced by the SHMA and affordable housing studies;  the conflict between the need to find housing and the supply of jobs for Luton’s residents (and the wider sub-regional economy) within a severely constrained urban land supply and administrative boundary surrounded by green belt, as evidenced by the SHLAA;  the barriers to delivering affordable housing and education due to the abnormal cost constraints and low market value of residential development in Luton that make regeneration challenging without major subsidy and intervention, as evidenced in the Affordable Housing Viability Study

20. This draft Local Plan is work in progress and there are still some areas where the duty to cooperate will need to accommodate amendments (as outlined with regard to the SHMA above). As part of corporate consultation, comments have been solicited from key service areas on the content of the engagement document and issues regarding service delivery. Key comments are from Children & Learning raising future schools capacity . Executive is therefore invited to comment on the draft Local Plan prior to a draft Local Plan consultation in February 2014. In particular, the Executive is asked to support the following key aspects:

 The emerging finding on Luton’s objective housing needs being prepared in a revised SHMA 2013 is that Luton will face a significant step change in it’s level of unmet housing need compared the SHMA 2012 position. Coordinated through a steering group of 8 other neighbouring local authorities, the SHMA is likely to be finalised showing Luton’s housing need as approximately 22,000 households during the plan period. Up until now we have had to use a range of figures (between 19,000 and 32,000 extra households) but if the SHMA figure is finalised at around 22,000 households it would mean that Luton is likely to have an unmet housing need of approximately 16,000 households.

 The identified housing capacity of the borough based on the SHLAA at around 6,000 dwellings and that the consequent housing target within the draft Local Plan is set at around 5,700 dwellings in order to allow for sufficient flexibility and potential changes to the market over the 20-year plan period (2011 to 2031).

 The 30 housing allocations identified on the Local Plan Policies Map, which will be made available at the meeting, in addition to housing being included in strategic allocations at Napier Park, Power Court, High Town and the town centre Creative Quarter. Strategic allocations replace the action areas of the existing local plan and reflect more up-to-date and detailed planning proposals, evidence and studies. There have also been a number of boundary amendments (e.g. Marsh Farm).

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 The approach to an affordable housing policy that seeks to set a 20% affordable housing target, which is based on extensive, published viability evidence across a range of typical site types and sizes. The policy also proposes to remove the previous site size threshold so that contributions can be sought from all new housing developments where there is a net gain of housing. Commuted sums will be sought on developments of 6 or fewer dwellings.

 Discussion has taken place at the MLPWP on the 10th (and again on the 31st) of October with regard to the potential introduction of Community Infrastructure Levy (CIL). This topic will be brought forward in a separate report in due course but it is worth noting that viability work undertaken to date shows that it is unlikely that a planning inspector would agree to its introduction within Luton at the present time and that ,if it was to be introduced, it would adversely affect the delivery of affordable housing within the town.

 The policy approach of establishing and enhancing a network of new and existing district and neighbourhood centres across the borough. This will enable the delivery of linked, shared or co-located services in the heart of local communities that are accessible by walking, cycling and public transport, as well as by car, and encourage linked trips that will make the development pattern more sustainable

 The role of Luton town centre as the key focus for significant additional convenience and comparison retail. It will also be the role of district and neighbourhood centres to accommodate an appropriate, smaller scale convenience retail provision that does not undermine the town centre and supports the sequential approach to locating town centre uses.

 The approach of securing Luton’s sub-regional economic role through the strategic allocation of land for employment, including Century Park, Butterfield, land south of Stockwood Park (Junction 10a) and regeneration sites at Napier Park and Power Court.

 The approach of safeguarding existing employment land within the borough and then allowing a phased release of some of this land to go to housing when new business accommodation is delivered. A key consideration in the release of these existing employment sites would be vacancy levels.

 The designation of Century Park and the airport as a single strategic allocation (with an inset boundary defining Century Park). Century Park is seen to be closely linked to the future growth of the airport and this reflects comments received from Pro-Logis (the owner of Century Park) following the Regulation 18 notification consultation in July 2012. Officers also think this approach could help bid for government funding to unlock the access to Century Park.

 The allocation of approximately half the land at Junction 10a as a site for the football club. This is essentially retaining the same policy within the current local plan and is on the basis that the current land owner is willing to sell the site for this use.

 A proposed 2.6 ha cemetery extension on land currently earmarked for Butterfield Business Park. The existing Vale Cemetery has recently been extended onto land adjacent to Butterfield. Page 1847 of 323

It is anticipated that the additional land, together with their existing land portfolio, would meet 30 years required cemetery supply, securing an accessible local facility for people to pay their respects.

 The proposed policy approach to primary and secondary school provision. Additional capacity is needed for at least the equivalent of a 2-form entry primary school, in the short term, in the school catchments south or east of the town close to the town centre. Additional capacity is also needed for at least the equivalent of an 11-form entry secondary school over the next 5 years and further high school places over the plan period in central and southern Luton. However, capacity is being re-assessed via a corporate review of schools capacity to consider whether the scale of education need is higher. Whilst capacity may exist to expand several secondary schools within the town (e.g. though innovative solutions similar to approaches within inner London boroughs), there is uncertainty as to the risks associated with this approach. The corporate review will examine the various options for addressing this demand. The outcomes from this review will be fed into the next version of the plan. In the interim the draft Local Plan proposes the allocation of an additional 2-form entry primary school on the former tennis court site near the Brache subject to this corporate review. Among other things, this would help address the demand from development at Napier Park.

 Work continues on the policy approach to Gypsy & Traveller accommodation. A key issue emerging in the draft Gypsy and Traveller Needs Accommodation Assessment (GTAA) is a projected requirement for up to 15 pitches (equivalent to 1 new site of approximately 0.6 ha) over the next 15 years. There is also a need for a transit/emergency stopping site (0.5 Ha) and a plot (equivalent to 1 pitch) for travelling show people. This late evidence dictates a site search that will need further appraisal. For this reason it is proposed that this work is subject to a separate consultation for later incorporation into the Local Plan. The engagement document therefore only includes a criteria policy and safeguards the existing sites (in line with the NPPF). Should the draft Local Plan consultation be delayed by the SHMA and this site assessment be completed, then it can be included as part of the draft plan consultation.

Corporate engagement

21. In the lead up to preparing the draft plan, further soundings have been taken on the corporate service requirements and implications of the engagement document in meeting future needs. This will all be subject to the corporate review and may increase the potential need for educational provision.

Sustainability Appraisal

22. During the preparation of the draft plan, Urban Edge has undertaken an initial draft Sustainability Appraisal (SA) pending the SHMA housing need figure. This has influenced the shape strategy and regarding sites, polices and mitigation of significant social, economic and environmental impacts, including equality concerns. The SA report will be consulted on alongside the draft plan. A draft will be made available to members prior to the Executive.

Local Development Scheme (LDS)

23. The local plan timetable will need to be updated and amended to comply with regulations and ensure that stakeholders can effectively engage in the preparation and consultation stages. A draft LDS gantt chart is attached in Appendix 4 for both the local plan and CIL. The evidence on plan viability has clearly shown the limited potential to capture CIL and its competition for the

Page 1948 of 323

same limited planning gain pot to deliver affordable housing. The preferred policy approach from the MLPWP is to postpone the implementation of CIL until viability improves over the next 12 – 24 months. Early indications show that the economy is beginning to grow although there are still uncertainties over how sustainable the recovery is in terms of the housing market and how future interest rates will change.

Conclusion

24. Viability and deliverability are key considerations in determining the success and soundness of the plan. In order to ensure the draft local plan and its proposed development sites have a reasonable prospect of deliverability, a viability study has been prepared and will be published alongside the draft Local Plan when it proceeds to public consultation.

25. The draft Local Plan consultation will begin in February 2014 for a period of 6 weeks pending the outputs of the joint SHMA refresh 2013. Should this SHMA 2013 process be delayed beyond January 2014 then the plan will be put to public consultation at the next earliest appropriate opportunity after the SHMA outputs are agreed. The plan consultation will provide a firmer basis for preparing a sound Pre-submission Local Plan for formal consultation in the autumn of 2014.

26. The draft Local Plan has been considered by the Overview and Scrutiny Board on the 17th of December. A number of detailed matters were discussed although there were no substantive issues raised which would provide any concerns on the plan going forward.

Next Steps

27. The draft Local Plan document is a working draft and needs to be clear and succinct in accordance with Government guidance. Should Executive have any further amendments, these will be incorporated prior to progressing the document as a drat Local Plan for consultation. This report, summarising the key matters, will help executive members to respond on the need for any further issues to be addressed before the draft local Plan proceeds to consultation as a draft Local Plan in February or soon thereafter. Executive are asked that delegated authority be given to the Head of Planning and Transportation in consultation with the portfolio holder, to make minor amendments to the draft Local Plan for engagement into a draft Local Plan for public consultation. This authority will include insertion of the baseline housing projection or agreed objective housing need arising from the joint SHMA. This will provide a basis for the duty to cooperate on strategic cross boundary issues. Should any major matters arise which change the thrust of the emergent draft Local Plan compared to the engagement document, then this will be taken back to Executive.

Goals and Objectives 28. To ensure the preparation of a sound local plan based on up to date evidence and stakeholder input. This will help to ensure that the future housing and employment needs of the borough are met without the risks associated with town cramming and that any unmet needs are addressed though the duty to cooperate. Proposal 29. That the draft plan and sustainability appraisal is progressed to a public consultation pending an agreed joint SHMA, which will inform a baseline housing projection or objectively assessed housing need. The plan will form the basis for further stakeholder engagement prior to a Pre- submission consultation draft in the autumn of 2014.

That the Local Development Scheme be updated to reflect this latest timetable of plan preparation. Key Risks

Page 2049 of 323

30. The Council can choose not consult on a draft plan. However under the Localism Act 2011 this may result in the preparation of an unsound local plan for Luton by failing to ensure that it is based on objective, up-to-date evidence and stakeholder input under the duty to cooperate. An unsound plan would leave the Council vulnerable to the presumption in favour of sustainable development under national policy, which may lead to planning decisions being made without adequate attention to local concerns.

Consultations

Appendices attached: Appendix 1: Draft Local Plan(enclosed separately for Members Only) Appendix 2: Evidence Study Progress, Assumptions and Outputs Appendix 3: Draft Local Development Scheme Appendix 4: Draft Local Plan Policies Map

Background Papers: None

IMPLICATIONS For Executive reports For CLMT Reports  grey boxes must be completed Clearance is not  all statements must be cleared by an appropriate officer required

Clearance – agreed by: Legal There are legal implications for the Borough John Secker, Legal Council under the Localism Act 2011 which Services , 16 December requires the Council to have a clear evidence 2013. base and satisfy the requirement to meet the ‘duty to cooperate’ and to prepare a local plan that is evidence based in order for the plan to be found ‘sound’. The plan timetable will need to respect the ‘duty to cooperate’ with neighbours on meeting unmet housing needs. Finance While there are no immediate financial Darren Lambert, Finance implications arising from this report, the proposed Manager for Environment new system of local government finance means & Regeneration on 16th that the draft local Plan after its preparation December 2013 though Pre submission stages on to adoption, will have a significant long-term financial impact on Luton. The comments made in relation to Luton’s needs are very important to its financial position, as the maintenance of Luton’s sub regional economic role and potential for further urban regeneration will be essential for the Council’s financial position in future. This is because the government is proposing a new financial system in which authorities retain a proportion of new business rates income to replace grant currently received by the Council.

Integrated Impact Assessment (IIA) – Key Points Equalities/ There are no direct equalities implications. Maureen Drummond, Page 2150 of 323

Cohesion/Inclusion However, as the plan evidence is used to shape Social Justice Adviser, 19 (Social Justice) the local plan and development management December 2013 decisions, there will be direct equalities implications and these will be addressed though a sustainability appraisal, strategic environmental appraisal and IIA. Environment A draft plan consultation with further engagement Agreed by the Strategy & will ensure that environmental implications will be Sustainability Officer on addressed. An iterative sustainability appraisal 16/12/13 and strategic environmental assessment will inform the strategy and policies of the draft plan through to Pre-submission. Health A draft plan consultation with further engagement Wayne Thompson (Public will ensure that equalities implications will be Health (Statistical and addressed. An iterative sustainability appraisal Economic) Modeller) 18th and strategic environmental assessment will December 2013 inform the strategy and policies of the draft plan . through to Pre-submission. It is also advised that a Heath Impact Assessment is undertaken for very large developments.

Community Safety A draft plan consultation with further engagement Vicky Hawkes 19 will ensure that community safety implications will December 2013 be addressed. An iterative sustainability appraisal and strategic environmental assessment will inform the strategy and policies of the draft plan through to Pre-submission. Staffing There are no staffing implications. Other None

FOR EXECUTIVE ONLY - Options:

Page 2251 of 323

Planning and Transportation

Draft Luton Local Plan for Public Consultation (2011-2031)

December 2013

Planning and Transportation Department of Environment and Regeneration

Page 23 of 323 Page 24 of 323 Contents

Notice Important Notice iii (2011-2031) Introduction and Background 1 Introduction and Background 1

2 Setting the Scene 7 Consultation 3 Vision and Objectives 11 Public

Core Document for

4 Spatial Strategy 13 Plan

5

Growing Luton's Economy 42 Local 6 Housing 47 Luton 7 Luton Town Centre & District & Neighbourhood Centres 57 Draft 8 Community and Education Facilities 62 9 High Quality Design 67 10 Natural & Historic Environment 72 11 Transport, Communications & Climate Change 81 12 Infrastructure Delivery and Monitoring the Local Plan 99 Appendices Appendix 1 Glossary 102 Appendix 2 Parking and Cycling Standards 110 Appendix 3 Employment Sites: Categories A & B 114 Appendix 4 Housing Allocations 120 Appendix 5 Housing Trajectory 122 Appendix 6 Space Standards 126 Appendix 7 Transport Assessments and Travel Plans 128 Appendix 8 Monitoring Framework 129 Appendix 9 Replaced Local Plan Policies 130 Appendix 10 Technical Evidence Studies 145

Page 25 of 323 Contents Draft List of Local Plan Policies

Luton Policy LP 1 Presumption in Favour of Sustainable Development 13 Policy LP 2 Spatial Development Strategy 17 Local Policy LP 3 Luton Town Centre Strategy 21

Plan Policy LP 4 Green Belt 23 Policy LP 5 Land South of Stockwood Park 25 for Policy LP 6 London Luton Airport 27 Public Policy LP 7 Butterfield Technology Park 29

Consultation Policy LP 8 Napier Park 31 Policy LP 9 Power Court 33 Policy LP 10 High Town 35 Policy LP 11 Creative Quarter 38 (2011-2031) Policy LP 12 Marsh Farm 41 Policy LP 13 Economic Strategy 44 Policy LP 14 Employment Areas 45 Policy LP 15 Housing Provision 51 Policy LP 16 Affordable Housing 52 Policy LP 17 Houses in Multiple Occupation 53 Policy LP 18 Older People's Housing 54 Policy LP 19 Extensions to Dwellings and Annexes 54 Policy LP 20 Gypsies, Travellers & Travelling Showpeople 55 Policy LP 21 Centre Hierarchy 59 Policy LP 22 Primary and Secondary Shopping Areas and Frontages 59 Policy LP 23 District & Neighbourhood Areas & Shopping Parades 60 Policy LP 24 Community and Education Facilities 65 Policy LP 25 High Quality Design 69 Policy LP 26 Advertisements and Signage 70 Policy LP 27 Open Space and Natural Greenspace 76 Policy LP 28 Biodiversity and Nature Conservation 77 Policy LP 29 Landscape & Geological Conservation 79 Policy LP 30 Historic Environment 80 Policy LP 31 Sustainable Transport Strategy 82 Policy LP 32 Parking 85 Policy LP 33 Freight 86 Policy LP 34 Public Safety Zones 88 Policy LP 35 Communications Infrastructure 90 Policy LP 36 Flood Risk 92 Policy LP 37 Climate change, carbon reduction and sustainable 95 energy Policy LP 38 Pollution and Contamination 97 Policy LP 39 Infrastructure and Developer Contributions 100

Page 26 of 323 Important Notice

Important Notice

Important Notice (2011-2031)

This document is the subject of an six week public consultation ending Consultation on 5pm XX March 2014 and the Council is inviting any interested parties

to make representations on the Draft Local Plan Public for To help you respond to this document comments can be made online at xxx. A questionnaire can also be downloaded from the Luton Borough Plan web site at XXX.gov.uk. Copies of the Local Plan and supporting evidence Local base are available at Luton Town Hall (Planning Reception) and Luton

Central Library. If you would like to be sent a paper or electronic copy Luton of the form please use the contact details provided below. Draft Further Information and contacts

Information on the general Local Development Framework process, updates on the progress of Luton’s Local Plan and current consultations, is available at the following website:

http://www.luton.gov.uk/Environment/Planning/Pages/default.aspx

If you have any questions regarding Luton’s Local Plan, including this document, please contact a member of the Local Plan Team at Luton Borough Council.

Telephone 01582 547087

Email [email protected]

Address Luton Borough Council FREEPOST ANG 7164

Local Plan Team

Luton

LU1 2BQ

For more detailed information and guidance on the planning system, visit the Department for Communities and Local Government website at CLG's iii webpage(1).

Page 27 of 323

1 https://www.gov.uk/government/organisations/department-for-communities-and-local-government Important Notice Draft Luton Local Plan for Public Consultation (2011-2031)

iv

Page 28 of 323 1 . Introduction and Background

1 Introduction and Timetable/Plan Making Process Background 1.5 There are a number of stages to

the plan-making process as set out in the (2011-2031) Introduction Town and Country Planning (Local Planning) (England) Regulations 2012. 1.1 The Draft Luton Local Plan 2011 – These plan making stages and indicative 2031sets out a proposed set of policies, timetable(3) are as follows: Consultation development allocations and actions to meet the environmental, social and Public economic challenges facing the area over for the 20 year plan period. July 2012 - 'Local Plan - What do Plan August 2012 you think' 1.2 The Local Plan, when adopted, will Consultation Local provide a strategy for the distribution and level of development and supporting February 2014 Draft Local Plan Luton infrastructure, a set of proposals to meet - March 2014 Consultation (Part 2) Draft that strategy, policies to deal with (6 weeks) planning applications and proposals for monitoring the success of the plan. September Pre Submission Period 2014 - October for Representations 1.3 This document is the subject of a 2014 (6 weeks) six week public consultation ending on XX March 2014 and the Council is inviting January 2015 Submission to any interested parties to make Secretary of State representations on the Draft Local Plan. 1.6 Following the submission of the 1.4 A public consultation entitled plan and supporting documentation to ‘Local Plan – what do you think’ was held the Secretary of State, an independent in July – August 2012 whereby the Council Planning Inspector will be assigned to asked a series of questions regarding hold an Examination in Public (EiP) issues facing the borough and options for examining the ‘soundness’ of the Local addressing these issues. There were 68 Plan. Following the EiP a report will be responses to this consultation and the issued by the Inspector and if the Plan is results have informed the preparation of found to be ‘sound’ the Local Plan will this draft Local Plan. A summary of these be considered for adoption by Full responses were reported to the Council’s Council. Once adopted there is a six Executive Committee on 13th January week legal challenge period whereby a 2014 (link to be provided). A summary High Court Challenge can be submitted of the responses received and how they by an aggrieved party. have been considered can be viewed here: (2). Background to the Luton Local Plan

1.7 Once adopted the Local Plan, together with the Joint Minerals & Waste 1

2 http://consult.luton.gov.uk/portal/lbc/environmentandplanning/policy/llp2031/ 3 Please note that the timetable for consulting on the ‘Pre Submission’ Local Plan, submitting the Plan to the Secretary of State and all stages that follow are subject to change depending on outcome of preceding stages in the planPagemaking 29 ofprocess. 323 The Council will update the timetable on its website and the Local Development Scheme to reflect the most up to date timetable for preparing the Local Plan. 1 . Introduction and Background

Draft Local Plan, will be the statutory Luton Borough are included in the development plan for Luton Borough for Minerals and Waste Plan Luton the plan period 2011 and 2031. National National Policy and Working in Local planning law and the NPPF require Local Planning Authorities in England and Wales Partnership

Plan to prepare a Local Plan and ensure it is 1.11 For the Local Plan to be fit for

for kept up to date. Without an up-to-date purpose, it needs to be consistent with

Public plan, the Council would have limited power to influence the scale, location a wide range of other policies, guidance, strategies and plans that have been

Consultation and quality of new development in the borough, making it difficult to bring produced not only by the Council but also about the positive changes that the area by central government, neighbouring needs and difficult to resist inappropriate authorities and other public bodies and

(2011-2031) development proposals that will have a agencies. Through the Localism Act there detrimental affect on the borough. is also now a legal ‘duty to cooperate’ with other organisations and 1.8 This document identifies some of neighbouring authorities in the the main characteristics of the borough preparation of Local Plans. The following and the difficult challenges the area section identifies other policies, faces both now and in the future and guidance, strategies and plans that have then sets out a vision for Luton for the informed the content of this Local Plan plan period. To address these challenges along with the key national and local and deliver the vision, the plan identifies partnerships that will be involved in ‘strategic objectives’ for achieving delivering positive changes in the area sustainable development, planning for over the plan period. economic growth, meeting the social needs of a growing population and National Planning Policy Framework protecting the places and assets that 1.12 The National Planning Policy make Luton a dynamic place to live, work Framework was formally introduced by and visit. the government on 27th March 2012, 1.9 The Local Plan then sets out site replacing more than 1,000 pages of allocations and both strategic and previous national planning policy development management planning guidance notes with a succinct 59 page policies that will deliver new jobs, document. The Council must ensure that housing, retail and community facilities; the Local Plan is consistent with the it identifies specific sites that will be objectives, principles and policies (and both promoted for and protected from the tests of soundness) set out in the development; it identifies the new National Planning Policy Framework. The infrastructure that will be needed to framework advocates a ‘presumption in support future growth; and it contains favour of sustainable development’ which the planning policies that the Council will requires local authorities, in their Local use when determining planning Plans to positively seek opportunities to 2 applications including policies on open meet the development needs in their space, sustainable energy, sustainable area; and meet objectively assessed transport and policies regarding the needs, with sufficient flexibility to adapt historic and natural environment. to rapid change. The National Planning Policy Framework is also a ‘material consideration’ in determining planning 1.10 Policies and proposals for thePage 30 of 323 development of mineral resources and applications alongside the policies in the sustainable waste management across Local Plan. 1 . Introduction and Background

South East Midlands Local Enterprise Bedfordshire Council and North Partnership (SEMLEP) Hertfordshire District Council. Luton’s Housing Market Area however, covers a 1.13 Luton Borough is included within greater area than the borough itself (2011-2031) the Southeast Midlands Local Enterprise stretching into its adjoining authorities’ Partnership (SEMLEP) which comprises areas as well as Dacorum Borough Council eleven local authorities. Local Enterprise and Aylesbury Vale District Council. Consultation Partnerships (LEPs) offer local areas the Luton Borough Council has been working opportunity to promote future economic with these local authorities as well as St Public development as part of the government’s Albans City and District Council, for drive to facilitate local decision making. Stevenage Borough Council, Milton Local authorities and business can also Keynes Council and Bedford Borough Plan coordinate via SEMLEP and the Local Council preparing a Strategic Housing Local Transport Body (Luton, Central Market Assessment (SHMA) and working

Bedfordshire and Bedford Borough unitary constructively on where Luton Borough’s Luton authorities) to shape necessary potential unmet development infrastructure investment and benefit requirements could be delivered in other Draft from assistance in attracting funding. local authority areas. This Local Plan builds on the borough’s role within this partnership. 1.16 The Duty to Cooperate is intended to ensure that strategic Working in Partnership cross-boundary planning issues are adequately taken into account following 1.14 Whilst the Council’s Planning the abolition of Regional Spatial Department has overseen the preparation Strategies as well as ensuring that the of the Local Plan, it is far more than just prescribed bodies are effectively engaged a planning document. It is of high in the process. Compliance with the Duty importance to all services within the should enable the strategic planning Council and many of the partners that context of local policies and the we work with. The Local Plan attempts involvement and responsibilities of other to integrate the strategies of different bodies to be appropriately and organisations because working in effectively taken into account where partnership will ultimately produce the there are wider than local issues and to best results on the ground. This includes, ensure the timely delivery and proper for example, working with the coordination of strategic infrastructure Environment Agency to ensure that our and investment priorities. In addition to areas are kept safe from the risk of working with its local authority flooding and working with the Highways neighbours on cross boundary matters, Agency to understand how development there are additional prescribed bodies proposals may impact the strategic road with which local planning authorities are network. required to cooperate and are set out in Regulation 4 of Part 2 of the Town and Cross Boundary Working Country Planning (Local Planning) 1.15 The Council also needs to (England) Regulations 2012. The Council 3 recognise the strategies of neighbouring is working with these organisations on an authorities and the 2011 Localism Act ongoing basis in th preparation of the and NPPF place a duty on authorities to Local Plan. They comprise: cooperate on planning issues of Environment Agency cross-boundary significance. Luton’Pages 31 of 323 English Heritage adjoining neighbours are Central 1 . Introduction and Background

Draft Natural England Minerals and Waste Local Nature Partnerships Luton Mayor of London (where applicable) 1.18 Luton carries out its minerals and waste policy planning jointly with Local Civil Aviation Authority Bedford Borough and Central Homes and Communities Agency Plan Bedfordshire Councils through a shared NHS Clinical Commissioning Groups service. A joint Minerals and Waste Local for (CCGs) Development Framework (MWLDF) is Public Office of the Rail Regulator being prepared on behalf of the three Highways Agency authorities and will comprise two main Consultation Transport for London (where plans: applicable) Integrated Transport Authorities ‘Minerals and Waste Local Plan:

(2011-2031) Highway Authorities Strategic Sites and Policies’ Marine Management Organisation (previously referred to as the Minerals and Waste Core Strategy). Luton Borough Council Strategies ‘Minerals and Waste Local Plan: General Environmental Policies’ Sustainable Community Strategy (2008 - 2026) 1.19 No sites in the borough are identified for mineral extraction or for The Sustainable Community Strategy was large scale waste management. prepared by the Luton Forum (Luton's Local Strategic Partnership) its members 1.20 The Strategic Sites and Policies are drawn from the public, business, Plan was submitted to the Secretary of community and voluntary sectors across State on 10th August 2012 and was Luton. The Sustainable Community subject to independent public Strategy describes the shared vision of examination by the Planning Inspectorate how Luton will be in 2026, based on the . The Planning Inspectorate has issued Luton Forum's local knowledge and the Inspector's Report and the Plan will informed by the aspirations of local be considered by Luton's Full Council on people through consultation. the 21st January 2014.

Luton Borough Council Prospectus Neighbourhood Plans (2013 - 2016) 1.21 With the Localism Act coming into 1.17 At the heart of this prospectus law, local communities through this is a three point plan: legislation, can prepare Neighbourhood Plans, and if adopted, they become part to increase income from business of the Development Plan for the area. In growth this way, local communities can express to better equip residents of all ages their wish for appropriate change in a to get jobs through investment in flexible and locally distinctive manner. education and training 4 to work efficiently with the Police 1.22 Luton does not have Parishes or (including the new Police and Crime Town Councils therefore, a Commissioner), the NHS, schools and Neighbourhood Forum may be designated academies, the university, the by the Council provided that the voluntary sector and Job Centre Plus proposed Neighbourhood Forum meets to ensure the most vulnerablePagein 32 ofthe 323criteria and regulations under the Luton are safe and supported. Localism Act 2011, for the purposes of 1 . Introduction and Background producing a Neighbourhood Plan, employment, housing, infrastructure, including demonstrating that the retail and viability. A comprehensive list Neighbourhood Forum: of these studies is set out in Appendix 10. (2011-2031) consists of a minimum of 21 members who live or work in the Deliverability and Viability of the Local area concerned; Plan whose membership is open to all Consultation residents who live or work in the 1.26 Government Guidance requires Public neighbourhood area, and elected that Local Plans are deliverable over the for councillors plan period. Viability assessments are a is established for the express tool that can assist with the development Plan purpose of improving the social, of Local Plans and policies to ensure that Local economic and environmental the Local Plan and its policies are realistic and provide assurance that the

wellbeing of the area; and has a Luton written constitution. proposals in the the Plan are viable and

have a reasonable prospect of delivery. Draft Policies Map 1.27 To ensure the Draft Local Plan 1.23 The Draft Policies Map which is meets these requirements and to ensure published alongside this Draft Local Plan the proposals have a reasonable is a comprehensive map which displays prospect of delivery over the life of the the spatial boundary of all relevant Local Plan, a Viability Assessment has development plan policies. A Policies been undertaken by independent Map must be submitted alongside the consultants and is published as evidence Local Plan for Examination in Public. To to support the Plan. The conclusion of help identify the suggested proposed this evidence is that the proposed changes since the previous Local Plan development strategy and the individual (2006), we will set out the additions and sites proposed are considered sound. deletions the Policies Map at the Pre However, the study does raise an Submission stage. important issue for the borough which is that greenfield sites are viable across the 1.24 Where policies have a spatial entire plan period whereas brownfield boundary or location, for example a sites may require landowners to be development boundary or designated realistic about value reductions to take employment areas, these are shown on account of abnormal development costs the Policies Map. Many of the policies, such as demolition and environmental in the Draft Plan are applicable to the remediation and the Council may need whole of the borough and are therefore to reduce affordable housing aspirations not specifically identified on the Policies on a small number of sites to encourage Map. development in the short term.

Technical Evidence 1.28 Understanding the viability of policies and development sites is an 5 1.25 The National Planning Policy iterative process therefore viability Framework requires that Local Plans are testing will continue through the process prepared on the basis of objectively of developing the Local Plan. assessed and robust evidence. To date, numerous studies have been prepared by the Council, key partners and specialistPage 33 of 323 consultants on matters including 1 . Introduction and Background

Draft Other Necessary Assessments

Luton 1.29 The Council has a statutory requirement to carry out a number of Local assessments, in accordance with

Plan European and national legislation to ensure that the implications of policies for and proposals in the Local Development Public Framework have been fully understood. Such assessments include: Consultation

Sustainability Appraisal (SA) / Strategic Environmental

(2011-2031) Assessment (SEA): Sustainability Appraisal helps to ensure that Local Plans and other planning documents have a sound understanding of the environmental, social and economic characteristics and priorities of the area, and then ensuring that they are integrated into planning policies. A Strategic Environmental Assessment (SEA) is required, by European Directive, to assess the environmental effects of policies and proposals in Local Plans. A combined Sustainability Appraisal (SA) and has been prepared for the Draft Local Plan and is published on the Council's website. The Scoping Report which was consulted on previously is also available on the Council's website.

Equality Impact Assessment: Equality legislation requires the Council to publish equality information and objectives. Equality Impact Assessment is a way of thoroughly assessing, and consulting on, the effects that a function, policy or procedure is likely to have on groups of people 6 within the community. Due to the complexity of the Local Plan, a scoping report as part of the Sustainability Appraisal has been undertaken of the socio-economic and equality issues that may bePage 34 of 323 affected by the policies contained within the Local Plan. 2 . Setting the Scene

2 Setting the Scene (e.g. Luton Hoo, Dunstable Downs, Whipsnade Zoo, Woburn Abbey). At the Settlement Profile / Key Issues same time the town benefits from good (2011-2031) and Challenges strategic north south access to the midlands and to Greater London (via the 2.1 Luton is a densely populated town M1 and Midland Mainline Railway) and is also served by a busy and fast growing with a rich history of wealth creation and Consultation cultural diversity. Surrounded by Green airport adjacent to high quality business parks. Significant investment in civic Belt and situated within the Chilterns Public spaces and transport infrastructure 'Area of Outstanding Natural Beauty', the for town enjoys easy access to high quality around the town centre and key Plan landscapes, wildlife areas, parks and regeneration sites, is also improving the look, feel and safety of the town and the other sub regional leisure attractions Local way people enjoy its shops and services. Luton

Luton's regional context Draft

For a more detailed view of the landscape protection areas surrounding Luton see the 'Luton Key Diagram'.

2.2 All of the above factors make the business and office market (e.g. the town attractive to business and prestige Capability Green business park investment. Luton is accessible to skilled is fully occupied while Butterfield Green workers within the wider sub region and research park continues to develop). 7 indeed to businesses wishing to access national and regional markets evidenced 2.3 The town also has an industrial through demand to locate on Luton’s legacy; some older manufacturing areas quality business parks. Of particular note are in need of economic and environmental regeneration in order to is a growing aviation related and skilledPage 35 of 323 engineering sector, an expanding service restore investor confidence. There is also sector base and developing sub regional a need to improve local skill levels and 2 . Setting the Scene

Draft job opportunities to enable people to by a range of critical constraints and the access housing, services and shelter while most critical of these is the severe Luton making more sustainable choices about inability to house Luton's growing

Local travel, energy use, leisure, food and population and workers. This is health. There is insufficient accessible exacerbated by the following exceptional

Plan green space within the urban area to issues :

for serve some communities whilst there is Luton is built up to its boundary and

Public an increasing demand to develop these spaces for other uses. However, green is surrounded by green belt;

Consultation space is typically endowed with The Strategic Housing Land important nature conservation or Availability Assessment (SHLAA) heritage status. indicates that the town does not have sufficient land within its own

(2011-2031) 2.4 As a densely populated and multi boundaries to meet all of its housing cultural town (in many ways similar to a needs or indeed or sufficient land to London borough), Luton has historically, deliver its full economic or provided access to relatively lower environmental wellbeing needs; housing costs and rented accommodation housing viability studies indicate compared to surrounding areas. However, that development of social and in recent years there has been significant affordable housing is unviable on demand to accommodate a growing brownfield sites in Luton and cannot population both from existing households be met without substantial subsidy and from people moving into the area, intervention because of a) abnormal often with lower skills and wages. costs in recycling brownfield Changes to the welfare system and employment land and b) unusually expansion of European employment rights low market values; are expected to increase such pressure increasingly, important green space in future. is under pressure risking health and wellbeing; 2.5 Without the greenfield land to to maintain Luton’s economic build sufficient new housing to meet contribution to itself and its demand, there is not only a significant neighbours, there are only three level of unmet housing need but an significant employment land increasing affordability gap, as wages fall allocations left within the town (one behind rising market rents and house regeneration site and two green prices. Development market values field sites) for businesses wishing to within the town are also significantly low invest into the area or for firms compared to neighbouring towns. wishing to expand and these sites Consequently, the viability of mixed use require key enabling infrastructure; development and recycling costly the town is attractive to business brownfield sites tends to be uneconomic and investment as evidenced in the or so marginal that the market has been Employment Land Review study unable to deliver affordable housing in 8 recent years, except through major local industrial firms struggle to find intervention by the Council. modern, affordable, accommodation and must rely on existing industrial 2.6 Luton is therefore, unique in that sites with lower rents (often of it has much potential for sustainable lower quality or ageing), until the new employment land stock is built economic growth which provides qualityPage 36 of 323 job opportunities to its neighbours and out; its own citizens, however, it is held back 2 . Setting the Scene

Luton town centre is performing well is completed or where sites are already for shopping, access and improving obsolete. public realm however, the town centre must expand and improve its 2.9 Luton Town Centre must also (2011-2031) retail offer to remain competitive deliver increased convenience and in the face of stiff competition from comparison goods shopping on key sites its sub regional neighbours and and by expanding the town centre onto Consultation national retailing trends; Power Court, taking advantage of the Luton Dunstable guided busway, town

the town lacks east - west orbital Public station improvements and inner ring road

connectivity and so suffers from for peak congestion where local traffic improvements. A network of District and and through traffic conflict at key Neighbourhood Centres will also increase Plan access to local goods and services and

junctions and around the town Local centre. focus investment opportunities for new

housing and employment regeneration, Luton 2.7 Given the above unique helping to reduce congestion with less circumstances, as evidenced by technical need to travel by car. Draft studies and analysis, the development strategy must ensure that Luton 2.10 A key challenge for this Local continues to successfully grow its Plan must therefore be to secure economy as a sub regional employer significant levels of affordable housing benefiting the town and its neighbours while ensuring that development remains and use its space efficiently and viable and people will continue to work effectively whilst looking to its and find employment in the borough. A neighbouring authorities to contribute significant contribution required from quality and affordable housing and mixed our neighbouring authorities is to provide communities accessible to the town. This much needed housing close to Luton and will ensure that the benefits of where the guided busway and key orbital economic drivers, including Capability road improvements can link communities Green business park, London Luton whilst removing through traffic and Airport and Napier Park Strategic freeing up capacity within the town. Allocations are shared by its citizens and workers in neighbouring authorities 2.11 This local plan is therefore without compromising the town’s structured around a spatial development environment and economic success. To strategy which focuses on: ensure this, Luton must secure strategic Boosting Luton's contribution to the transport investment unlocking key sub regional economy through employment allocations whilst also bringing forward its key employment protecting existing industrial sites to allocations coordinated with key ensure its economy expands and infrastructure (e.g. Century Park, diversifies to meet the needs of local Napier Park; Power Court; Land residents. South of Stockwood Park); 2.8 To ensure that Luton remains both Protecting marginal employment 9 attractive to investors and the economic land to ensure local firms can afford ‘heart’ of the Luton Housing Market Area, to do business in Luton until new quality employment allocations must be stock is built out and the market protected and other industrial land improves; should only be released for housingPageand 37 of 323Only releasing employment land that other uses when modern accommodation is currently not suitable or attractive to the employment market; 2 . Setting the Scene

Draft Regeneration of the town centre through limited expansion to boost Luton competitiveness and provide an

Local improved offer in order to claw back leaked trade;

Plan Creating and improving a network

for of Neighbourhood and District

Public Centres to enable housing, employment and small scale retail

Consultation needs to be met locally through reduced travel while maximising public transport connectivity to the guided busway, Luton town centre, (2011-2031) employment areas and Luton Airport Parkway Railway Station; Delivering around 5,700 dwellings in the borough through key allocations, regeneration of the town centre (Power court) and former employment area (Napier Park) and meeting local needs by requiring a 20% affordable housing contribution on all residential development; Securing agreement with other Local Planning Authorities to meet Luton's unmet housing needs in accordance with the 'duty to cooperate'; Securing the town's regeneration through a program of transport investment e.g. Town Centre Improvements, new railway station, London Luton Airport surface access, Century Park access, Junction 10a etc; Protecting and enhancing the towns green spaces network for wildlife and for formal and informal recreation.

10

Page 38 of 323 3 . Vision and Objectives

3 Vision and Objectives jobs. The creative and cultural industries will grow, stimulated by the presence of Vision and Objectives a modernised University of Bedfordshire and Luton town centre’s Creative (2011-2031) 3.1 The Local Plan vision is the long Quarter. term spatial vision from which the 3.6 Housing will be delivered in the

objectives and spatial strategy have been Consultation derived. The ‘vision’ is a statement of borough and in neighbouring authority areas to ensure there is a sufficient what the plan is trying to achieve. Public supply of appropriate mix of dwelling for 3.2 The strategic objectives form the types, sizes and tenures to offer local link between the high level spatial vision residents choice of where to live. Plan and the detailed strategy. They are the Local objectives needed to fulfil the vision. 3.7 The local workforce will be more highly skilled and unemployment will be The policies and delivery programme Luton within the Luton Local Plan show how reduced considerably. There will be this can be achieved within the plan improved high standards in educational Draft period. establishments, with students achieving high levels of educational attainment. 3.3 The vision and objectives build on and reflect Luton Borough’s Sustainable 3.8 Set alongside the River Lea and Community Strategy and the Council’s surrounded by the Chilterns Area of Prospectus. Outstanding Natural Beauty, Luton Hoo, the Green Belt and within a network of Vision parks and waterways, Luton will protect and enhance its natural features which 3.4 Luton’s economic, social and will continue to provide integral open environmental resources and assets will space and leisure opportunities for a be used efficiently and sustainably to densely populated borough. deliver economic prosperity and an improved quality of life for all the 3.9 Luton will prosper through a well residents of the borough. Luton will connected network of vibrant and strengthen and transform the places that regenerated locally distinct places make the borough unique. It will centred around Luton Town Centre, continue to be a place for diverse district centres and neighbourhood communities, building on its strategic centres which have evolved from the importance as a sub regional driver of borough’s rich history. Luton Town economic growth. Centre will be a sub regional focus for inward investment for development 3.5 The capacity of London Luton including retail, the creative and cultural Airport will be improved to provide more economy, new homes and town centre jobs related to aviation industries. The uses. The district centres at Bury Park, completion of Butterfield Technology Marsh Farm, Marsh Road, Stopsley and Park will support more job opportunities Wigmore will also be a focus for 11 in high technology industries. Across development to enable their shops and Luton, a mix of high quality and low cost services to thrive for the benefit of their business accommodation will support a local communities. Neighbourhood range of jobs suitable for the skills of centres will be distributed across the town, between the larger centres, to local and neighbouring residents withPage 39 of 323 Power Court and Napier Park making a serve day-to-day needs. strategic contribution to an increase in 3 . Vision and Objectives

Draft 3.10 Luton’s communities will be of the neighbourhoods, including historic better connected and become less assets and seeking safe environments Luton dependent on the car to promote healthy which help to reduce crime and the fear

Local communities with good access to jobs, of crime. goods services and leisure and cultural

Plan activities an effective network of town, 3.16 Strategic Objective 6: Reduce social, economic and environmental

for district and neighbourhood centres will deprivation, particularly where it is

Public serve as the heart of local neighbourhoods with improved access to spatially concentrated, by taking priority measures to reduce unemployment, Consultation by train, bus, walking and cycling. Each place will build on its distinctive identity, improve skills and education and renew role and function and will be housing, community and environmental well-designed, vibrant, and above all, a conditions.

(2011-2031) great place to live. 3.17 Strategic Objective 7: To enable Objectives new community and educational facilities to be delivered and expanded to meet 3.11 Strategic Objective 1: Retain and the needs of a growing and diverse enhance Luton’s important sub-regional borough. role as a place for economic growth and opportunity. 3.18 Strategic Objective 8: Improve accessibility, connectivity, sustainability 3.12 Strategic Objective 2: To utilise and ease of movement to, from and Luton’s economic, social and within the borough. environmental resources efficiently and sustainably within the limited physical 3.19 Strategic Objective 9: To deliver land capacity of the borough. a new Luton football stadium in a location capable of good access to 3.13 Strategic Objective 3: To ensure transport infrastructure. that new housing delivers an appropriate level of provision to meet local 3.20 Strategic Objective 10: Improve requirements in terms of quantum, mix the quality and accessibility of green of dwelling types, sizes and tenures that space and nature, whilst protecting and offer local residents a choice of where enhancing biodiversity. to live and addresses issues of 3.21 Strategic Objective 11: To affordability and overcrowding. safeguard and ensure the prudent use of 3.14 Strategic Objective 4: To natural resources, increase energy and establish an effective network and water efficiency and encourage and hierarchy of town, district and promote the use of renewable energy neighbourhood centres to serve as the sources to help adapt to climate change, heart of local communities and improve and manage pollution, natural and land health through improved access by train, use operational hazards,avoid 12 bus, waling and cycling to a mix of uses inappropriate development in areas at including shopping, services and jobs. risk of flooding, secure improvements in air and water quality and ensure 3.15 Strategic Objective 5: To improve effective waste management. the built and natural environment to deliver quality places, through high quality design and sustainability takingPage 40 of 323 into account the character and setting 4 . Spatial Strategy

4 Spatial Strategy Presumption in Favour of Sustainable Development Spatial Development Strategy 4.3 At the heart of the NPPF is a (2011-2031) 4.1 The spatial development strategy presumption in favour of sustainable is to focus the majority of new development which it explains should be a golden thread running through both

development in the borough over the Consultation plan period on eight Strategic plan-making and decision-taking. This consultation document takes this

Allocations, whilst protecting the Public approach to determining its preferred remaining Green Belt from development for and regenerating Luton Town Centre. policy approach. The Plan does this by: There will be a presumption in favour of Plan Determining the objectively assessed

sustainable development encouraging Local development needs of Luton Borough sustainable and high quality development and the Luton Housing Market Area throughout the Borough. This preferred Luton and seeking to meet those needs; strategy has been developed through Ensuring flexibility to adapt to rapid Draft ongoing consultation and engagement change where appropriate and and the preparation of evidence on a feasible in the Plan; wide range of topics including housing, employment, retail, infrastructure, Proposing positive policies which viability and numerous other technical assume that development proposals studies as set out in Appendix 10. that accord with the development plan will be approved without delay 4.2 As the Development Strategy is and where the development plan is cross-cutting, all of the Strategic silent it is assumed that planning Objectives are relevant to this section permission will be granted unless the of the Plan. adverse impacts would outweigh the benefits.

Policy LP 1

Presumption in Favour of Sustainable Development

A ‘presumption in favour of sustainable development’ will be applied to development management decisions. Wherever possible, the Council will work proactively and positively with all applicants to help shape development proposals to deliver growth and sustainable development which can be approved without delay. Planning permission will be granted where applications contribute positively to economic, social and environmental objectives of the local plan and which accord with local plan policies (and, where relevant, with policies in neighbourhood plans) when taken as a whole, unless other material considerations indicate otherwise. 13 The Council will require all new development in the borough to contribute to enhancing a sense of place and improving the character of the area.

Development proposals should respond to and enhance local character, the heritage assets and identity of thePageborough. 41 of 323 4 . Spatial Strategy

Draft The Council will seek to encourage growth and sustainable development and to

Luton manage change, so as to create a network of connected, sustainable, high quality, locally distinctive, healthy places. Local Growth in homes, jobs and services that constitutes sustainable development will Plan be welcomed; provided growth is directed to places with good concentrations of

for existing infrastructure or areas where there is capacity to grow with further

Public sustainable infrastructure investment within the plan period to 2031. The Strategic Allocations and Luton Town Centre will be the primary location for growth, with

Consultation District and Neighbourhood Centres also playing a substantial role as the heart of the communities of Luton (see the Key Diagram).

Sustainable Development Principles (2011-2031) To enable the delivery of sustainable development and sustainable communities in the borough all development proposals will:

be of high quality design; improve the quality of life for residents and visitors; promote healthy, safe and inclusive communities; respect, conserve, and enhance the natural, built and historic environments; assess and address the impact of climate change through mitigation and / or adaption measures; provide or contribute to the assessed local and borough wide development requirements including infrastructure, housing and economic development; contribute to the retention and growth of the local economy and complement town centre regeneration; be accessible by walking, cycling and/or public transport; and use land and resources (such as water, energy, minerals and waste) in an efficient and effective way avoiding prejudicing the development of adjacent land or the development of a larger site.

14

Page 42 of 323 4 . Spatial Strategy

Luton Key Diagram (2011-2031) Consultation Public for Plan Local Luton Draft

15

Page 43 of 323 4 . Spatial Strategy

Draft Spatial Development Strategy evidence in the Employment Land Review (2013), balanced with the borough's Luton 4.4 This policy sets out the quantum objectively assessed housing need (SHMA

Local of objectively assessed development 2013). required over the plan period and the

Plan preferred locations of growth as required 4.8 A range of infrastructure has been identified, through various technical

for of Local Plans in the NPPF. studies, as being required to deliver the Public 4.5 It proposes that the objectively preferred strategy and policies as set out assessed housing requirement for the in the Council’s Infrastructure Delivery Consultation borough is between 19,000 and 32,000 Plan and the individual policies in the net additional households over the plan Plan. period as evidenced by Government

(2011-2031) population and household data and the 4.9 However, there is also likely to be emerging Joint Strategic Housing Market a significant element of unmet housing Assessment (SHMA). The emerging SHMA need which neighbouring authorities are indicates that the objectively assessed being asked to help meet though their housing need requirement for the development plans. This provision will borough is around 22,000 dwellings. also require strategic infrastructure and Despite this potential housing cross boundary working. It will be for requirement, there is only capacity for those authorities to determine the most around 5,700 net additional dwellings in appropriate development strategy for the borough over the plan period as their area, in collaboration with the evidence in the Strategic Housing Land relevant duty to cooperate bodies Availability Assessment (SHLAA). As a including Luton Borough Council, which result of this mismatch and the need for helps to accommodate some of this the borough to seek to meet its unmet need. Development of a objectively assessed needs whilst significant scale on or close to the edge protecting other important existing of Luton would require significant future land uses in the borough such as investment in transportation open space and employment land, the infrastructure, including orbital road Council is currently working with other capacity to ensure that through traffic local authorities in the area to seek the can be removed from traffic needing to delivery of Luton’s unmet housing needs access the town and its employment and in theses areas outside the borough under shopping areas or when accessing the M1. the Duty to Cooperate. It would be critical to ensure that the orbital improvements link up to ensure 4.6 Due to very challenging that this occurs (e.g. The proposed M1 development viability issues, it is to A6 Luton Northern bypass, and an east proposed that 20% affordable housing is Luton bypass A6 to A505 and on south, required on all new residential to the east of Luton and onto the airport development schemes. east Luton corridor improvements). 16 4.7 A total net additional 18,000 jobs 4.10 A key component of the spatial (i.e. 8,000 B class jobs and 10,000 non B strategy is the continued protection and class jobs) are proposed as the enhancement of the borough’s historic objectively assessed employment and natural assets including the requirements of the borough based on remaining Green Belt. Page 44 of 323 4 . Spatial Strategy

Policy LP 2

Spatial Development Strategy (2011-2031)

There is a need to make provision for between 19,000 - 32,000 net additional households (the emerging results of the Joint SHMA indicates that around 22,000 net additional dwellings are required in Luton Borough over the plan period) to Consultation support the population growth of Luton Borough over the period 2011 – 2031. Due Public to the Borough’s lack of housing land to viably meet this need, the Local Plan for will deliver around 5,700 over the plan period with 20% of these being affordable dwellings. Luton Borough Council will work with neighbouring and nearby local Plan authorities to help deliver the borough’s unmet needs in other local authority Local areas under the ‘duty to cooperate’. Luton Housing in the borough will be delivered through: Draft Existing permissions on sites delivering less than 10 homes (325 dwellings) Specific, identified sites with a realistic prospect of delivering at least 10 homes (2,945 dwellings) Housing allocations including land at Power Court, Napier Park, High Town and the Creative Quarter (1,783 dwellings)

Around 18,000 jobs will be delivered over the plan period through:

Strategic Allocations at Land South of Stockwood Park, London Luton Airport, Butterfield Technology Park, Power Court, Napier Park, High Town and the Creative Quarter; and delivering net additional employment land stock on allocated sites prior to releasing older unsuitable employment land and premises to other uses.

Town Centre and Retail uses will be directed in accordance with the Centre Hierarchy (Policy LP21) reinforcing and enhancing the vitality, viability and regeneration of Luton Town Centre as a regional centre and the network of 5 District Centres and 13 Neighbourhood Centres serving the borough. The Town Centre, District and Neighbourhood network will be a focus for future investment provision including transport access and linkages, community facilities, opportunities for shared services as well as appropriate scale housing, retail and employment development.

The infrastructure required to support the Spatial Development Strategy will be phased and funded in line with the Infrastructure Delivery Plan (IDP) and the policies in the Local Plan including:

opportunities to enhance and benefit from the guided busway connecting 17 the town centre, employment and commercial centres with local communities, the town centre, key transport interchanges and the airport; the relief of traffic congestion within the town centre and at junction 10A of the M1; Page 45 of 323 4 . Spatial Strategy

Draft complete planned accessibility and mobility improvements to Luton Town

Luton Centre railway station and transport interchange; increased capacity at London Luton Airport alongside road access

Local improvements.

Plan The natural and historic assets of the borough will be protected and enhanced

for as set out in Policies LP27, LP28, LP29, LP30 in the Local Plan including the

Public protection and enhancement of the Green Belt. Consultation

a material consideration in the Luton Town Centre determination of planning applications. (2011-2031) 4.11 The NPPF (see paragraph 23) 4.15 The Luton Town Centre highlights the importance of recognising Development Framework (2004) has town centres as being at the heart of guided many of the public realm communities and identifying new ways improvements delivered by the Council of ensuring that town centres offer (St George Square, Town Hall Square, competitive environments by being Bus Interchange, Market Hill) which have prosperous, vital and vibrant and that attracted further investment from the planning policies set out how the growth private sector. The University Campus of the centre will be managed over the has also gone through an exciting process plan period. of regeneration and produced some of the more interesting contemporary 4.12 Luton town centre encompasses architecture in the town alongside high the Town Centre Shopping Area and the quality public realm. Mall, the University Campus, leisure attractions, two Conservation areas 4.16 The town centre is thriving, (Town Centre and Plaiter’s Lea), several however some parts remain in poor listed buildings including St Mary’s condition and are in need of Church and the Town Hall and the main redevelopment and improvement. The public squares of Luton. The extent of Council will produce a refresh of this the Town Centre is for the most part document to take in account the latest delimited by the town's inner ring road. developments in the town centre and the strategic objectives of this Local Plan. 4.13 The town centre is the focal point of Luton for shopping, leisure, culture, 4.17 The Town Centre Team was education, employment in the service formed at the end of 2012 to work on and business sectors and also initiatives to revitalise the central area. accommodates the major public Governmental funds were received transportation interchanges of the through the 'High Street Innovation Fund' borough. which will contribute to the delivery of the objectives of the group. 18 4.14 The Luton Town Centre Development Framework was published 4.18 The Town Centre Team is in December 2004 and was adopted as a business led and includes corporate retail Council policy. It presents a vision and alongside creative industries and the development strategy to guide the University of Bedfordshire and will work regeneration of the town centre andPageis 46 ofwith 323the Council to produce proposals and projects in the area. 4 . Spatial Strategy

4.19 Evidence (Luton Town Centre although purely residential Surveys by BMG) shows that: development is viable and provides an opportunity to While the majority of residents in replace the poorer vacant (2011-2031) Luton use the town centre quite commercial stock within Luton. regularly and visitors are generally satisfied with the environment there The opportunity for commercial is much more to be done to increase space in Luton town centre is Consultation its vitality, accessibility and modest as the town centre Public perception of safety; struggles to attract single for occupier blue chip covenants, Visits to the town centre stock is dated and rents are low Plan decline as the time of the day compared to prestige quality Local progresses; office parks on the south of the

town. Luton Very few people consider the

town centre to be lively and Low returns imply that the Draft exciting; premises are marginally viable as offices. On top of that the Key regeneration sites remain floorspace rented by small firms vacant and need ranges from 35 sqm to 350 sqm redevelopment; with the effect of having multi-tenanted office blocks Perception of barriers to access and on short term leases, which from individuals who consider impact negatively on themselves disabled is quite investment value and hence on high; capital values, which are low. Particular issues in terms of accessibility are to be found at The White Young Green 'Retail Study almost all the gateways into the Refresh' (December 2012) town centre. The Town Centre development Framework has The proportion of comparison highlighted that the ring road units in the town centre is has severed the connections in below the national average particular with the south and albeit the proportion of west of the town centre. This floorspace is broadly reflective. issues impacts also on vitality A significant increase of large and vibrancy of the area. department stores or mixed good retailers and other national multiples seeking large The Peter Brett Associates 'Review format premises is considered of town centre office / business unlikely without investment in premises for alternative re-use' (May bringing forward potential retail 19 2013) found that: development sites. There is an underlying need for Convenience retail is residential accommodation proportionally driven by a growing population. under-represented. Mixed use residential andPage 47 of 323 The study suggests that the employment is not viable borough needs to plan for a marked improvement in the 4 . Spatial Strategy

Draft town centre’s competitiveness linkages with the guided busway and and strive to increase what is town centre rail station terminus. This Luton considered a relatively low connectivity will help improve access to

Local market share for comparison employment areas stretching from east good, in the face of intensified to west across Luton from the airport,

Plan competition from rival centres Napier Park and Stirling Place via the

for such as Milton Keynes. town centre and on to Dallow and Chaul

Public An increased market share End and on to Dunstable. The Local scenario is achievable, based on Transport Plan and other sources of

Consultation the potential for the Northern infrastructure funding (e.g. bids via the Gateway, land north of St South East Local Enterprise Partnership) George Square and Power Court will all play a part in fostering further strategic allocations to deliver public transport access links to the (2011-2031) a step-change in the quality and proposed network of District and range of the comparison sector Neighbourhood Centres across the within Luton. borough.

4.22 The Council will work with 4.20 The preferred policy approach developers and applicants to ensure that for Luton Town Centre is to focus on the a cohesive, inclusive and high quality redevelopment of key regeneration sites pedestrian environment is delivered and enhancement or maintaing historical across the town centre and maintains assets of the town that offer the greatest the high quality development that has opportunities to deliver new housing, been achieved in many public spaces in retail, creative and traditional recent years. businesses, culture and leisure alongside / within the historic urban fabric of the 4.23 There are two Strategic town centre. Town centre uses will be Allocations within the town centre which appropriate alongside proposals for feature in the Town Centre Strategy and creative businesses, art and education, are also subject to their own specific building on the existing strengths of the policies: area. Land will be used efficiently within the town centre so that development can Power Court Policy LP9. contribute substantially to the delivery Creative quarter (including Station of the growth identified for the future Gateway-Northern Gateway-Land and to the creation of a vibrant and north of St. George Square) Policy competitive environment. LP11;

4.21 There will also be an opportunity 4.24 Areas with potential for to maximise public transport accessibility regeneration but no specific proposals to existing and new strategic housing yet identified: allocations in and around the town centre, High Town, the station quarter University Campus; 20 and the Northern Gateway and through Castle Quarter

Page 48 of 323 4 . Spatial Strategy

Policy LP 3

Luton Town Centre Strategy (2011-2031)

Luton Town Centre will be a location for positive change and will be a focus for economic and residential growth and an improved natural and built environment. Building on the town’s rich heritage this mixed use area will provide a balanced Consultation offer of high quality residential development, offices and studios, creative Public industries, independent and national retail, education institutions and thriving for public spaces with a vibrant café culture and night time economy. Developments will complement and benefit from the town centre's growing connectivity as a Plan sustainable transport hub, a key strength with strong links to London and the Local wider sub region, served by a completed guided busway and further improvements

to the town centre rail station, inner ring road, including local pedestrian and Luton cycling accessibility, linking the town centre with key regeneration sites and surrounding neighbourhood centres. Proposals for deculverting the River Lea, Draft along with new greenspaces will be encouraged and supported by the Council where it is feasible to do so.

Power Court (see Policy LP9), the Creative Quarter (see Policy LP11) and the University Campus (see below) will be a key focus for development and change over the plan period. Development proposals for the town centre should address the following criteria:

contribute towards residential growth of around 1723 new dwellings which will provide a significant contribution towards the new homes in the borough and create an expanded residential community in the centre of Luton; contribute towards job creation from retail, offices, creative industries, education, training and leisure; provide 3,700 net convenience retail floorspace, 12,200 sqm of non-bulky comparison goods and hotels, leisure uses to maintain and enhance the retail sub-regional role of the town centre; high quality residential development will respect the local distinctiveness of the town centre whilst making best use of opportunities for higher density development; opportunities for car free development will be encouraged where it conforms with Policy LP32; contribute to the achievement of a mixed area which is vibrant and active including enhancing a night time economy; new development and redevelopment in the town centre will contribute positively to the economic regeneration and reuse of heritage assets while respecting the existing local distinctiveness and quality of the heritage, in particular ensuring that the character of the Conservation Areas (Town Centre 21 and Plaiter’s Lea) listed buildings and landmarks (including St Mary’s Church and the Town Hall) are maintained and enhanced; proposals that fall into the Plaiter’s Lea Conservation Area should have regard to the Historical Area Assessment produced by English Heritage for this area; Page 49 of 323 4 . Spatial Strategy

Draft land within the area identified as the Castle Quarter (on the policies inset

Luton map) will be encouraged to be brought forward within a comprehensive scheme for a mixed use development (residential, retail and leisure);

Local deliver a high quality, safe and publicly accessible pedestrian environment on key routes within and connecting to the town centre; Plan make more effective use of the River Lea as a key strategic feature of the

for town centre, including enhancing accessibility and buffer zones for

Public maintenance and protection where feasible and appropriate; consider opportunities for enhancing existing or provision of new quality Consultation green spaces, public art, public leisure space and environmental education; development should protect water quality and not increase the capacity load on the River Lea culvert.

(2011-2031) University Campus: This area is allocated for cultural uses and higher education facilities and supporting uses. Development proposals should ensure:

quality design and materials to complement the high quality setting of the existing Campus and of St Mary’s Church; complement and coordinate with an accessible quality pedestrian network around St Mary's Church and adjacent key streets (particularly Church Street, Park Street and Vicarage Street) linking to wider surroundings; consider opportunities for inclusive community facilities and use by the wider community including publicly accessible green space in accordance with Policy LP27.

The Council will update the Luton Town Centre Development Framework and / or produce individual development briefs to provide further site specific guidance.

Green Belt where necessary, identify in their plans areas of ‘safeguarded land’ 4.25 The NPPF (paragraph 79) says between the urban area and the that the fundamental aim of the Green Green Belt, in order to meet Belt is to prevent urban sprawl, keeping longer-term development needs land permanently open with the essential stretching well beyond the plan characteristics of Green Belt being their period; openness and permanence. It also says make clear that the safeguarded that when undertaking a review of Green land is not allocated for Belt boundaries local planning authorities development at the present time. should: Planning permission for the permanent development of ensure consistency with the Local safeguarded land should only be 22 Plan strategy for meeting identified granted following a Local Plan requirements for sustainable review which proposes the development; development; not include land which is satisfy themselves that Green Belt unnecessary to keep permanently boundaries will not need to be open; Page 50 of 323 4 . Spatial Strategy

altered at the end of the Dane Street development plan period; and Someries define boundaries clearly, using physical features that are readily 4.27 As well as serving the key (2011-2031) recognisable and likely to be functions of a Green Belt as set out in permanent. national policy, Luton's Green Belt also provides amenity for a part of the urban 4.26 A draft Green Belt Review study population by protecting open Consultation has been undertaken by the Council (in countryside and opportunities for Public line with the requirements of the NPPF) informal high quality outdoor recreation for which reviewed all the Green Belt and green space which is lacking in boundaries in the borough. The Luton. The Green Belt areas also have Plan conclusion of this study is that no other Local Plan designations within Local changes to the Green Belt should be Luton such as AONB, SSSI, County Wildlife

made. This is because the Green Belt Site, SAM and Registered Parks and Luton areas serve the key functions of the Gardens, which provide habitat for

Green Belt and in most cases are also wildlife and preserving the setting of Draft affected by other significant policy or historic sites and conserving the environmental designations or are land landscape. locked by the London Luton Airport. The Green Belt should therefore, be 4.28 As the NPPF states, inappropriate protected from inappropriate development is, by definition, harmful development. The six Green Belt areas to the Green Belt and should not be in Luton identified on the policies map approved except in very special include:- circumstances. The preferred Green Belt Policy reflects this approach. Warden Hill Stopsley Common 4.29 The draft Green Belt Review is Oaket wood published alongside this consultation Plan Putteridge for comment.

Policy LP 4

Green Belt

Within the areas defined as Green Belt on the policies map:-

Warden Hill Stopsley Common Oaket wood Putteridge Dane Street Someries 23

Planning permission will not be granted for inappropriate development. Inappropriate development is that which is harmful to the Green Belt. Only in very exceptional circumstances will development be permitted and in all instances development must preserve the Pageopenness 51 ofof 323the Green Belt and reinforce the purpose of the Green Belt. These very exceptional circumstances are: 4 . Spatial Strategy

Draft agriculture and forestry; or

Luton essential small scale facilities for outdoor sport and outdoor recreation, for cemeteries, and for other uses of land which preserve the openness of the

Local green belt and which do not conflict with the purpose of including land in it; or Plan limited extension, alteration or replacement of existing dwellings; or

for safeguarded local transport infrastructure required in a Green Belt location. Public Consultation Key Diagram Creative Quarter, High Town and Marsh Farm are all previously developed sites Strategic Allocations that are in need of redevelopment and (2011-2031) improvement. Given the economic 4.30 The NPPF (paragraph 157) viability issues in the borough as requires Local Plans to allocate sites to explained previously coupled with the promote development and the flexible extent of environmental remediation use of land and to bring forward new land required at a number of the sites, where necessary, and provide detail on particularly Napier Park and Power Court, form, scale, access and quantum of the quantum, mix of uses and phasing of development where appropriate. allocations on previously developed land will need to be carefully considered to 4.31 The preferred strategy is for the reflect the outcome of more detailed Local Plan to make eight strategic evidence which is currently being allocations in the borough where the prepared on economic viability and most significant change will take place remediation costs and consultation with over the plan period in terms of increase landowners and stakeholders. of new dwellings, jobs, retail, and improvements to the built and natural 4.34 There are 8 strategic allocations environment. proposed for designated in this Plan

4.32 Five of the strategic allocations Land South of Stockwood Park are located in the southern area of the London Luton Airport (includes borough with three strategic allocations Century Park) located in or adjacent to Luton Town Butterfield Technology Park Centre (Power Court, Creative Quarter Napier Park and High Town). Power Court (Town Centre) High Town 4.33 The majority of the strategic Creative Quarter (Town Centre) allocation sites are rolled forward and updated from the previous Local Plan as Marsh Farm in the case of Butterfield Technology () Park, Land South of Stockwood Park and 24 Century Park (now combined with the Land South of Stockwood Park London Luton Airport Strategic Allocation) these represent the last 4.35 Land south of Stockwood Park remaining suitable greenfield sites for bounded by the M1 motorway to the east strategic development. Strategic and M1 spur to Junction 10a in the west, allocations at Napier Park, Power Court,Page 52 ofhas 323been allocated for the purposes of 4 . Spatial Strategy accommodating a relocation of Luton accessible to the strategic road network Town Football Club along with associated (e.g. Junction 10a and the East Luton enabling development. This is a corridor) and also offers opportunities continuation of a policy in the current for improved public transport links to the (2011-2031) Local Plan which is to be replaced (i.e. town centre and Luton Airport Parkway Policy SA1). Policy LP5 therefore, railway stations. This site is also addresses the need to remove a high proposed for employment B1 office use Consultation traffic generating use with associated on the remainder of the site in order to amenity and community safety issues, accommodate a shortfall in provision to Public away from a dense and congested part meet an identified need for B1 office for of the town to a more sustainable accommodation over the plan period(4) location. The proposed site is more Plan Local

Policy LP 5 Luton

Land South of Stockwood Park Draft

Policy LP5 Land South of Stockwood Park Strategic Allocation

Land identified on the Policies Map south of Stockwood Park adjacent to Junction 10a of the M1 is allocated for a 14 ha prestige mixed-use gateway development according to the following scales:

a new 15,000 seat stadium on 2.5 ha of land for the use of Luton Town Football Club including appropriate shared venue events; of which

0.7 ha provision is for ancillary sports facilities for which there is an identified need e.g. conference and corporate entertainment suites, indoor and outdoor training pitches and sport activities for skills, health and fitness; and 0.3 ha of enabling provision is for small scale A1, A3 and A4 uses associated with the operation of the football stadium and shared venue events;

provision is made for a park and ride facility comprising 2 ha including scope to secure enhanced public transport to the town centre; B1 business use on the remainder of the land 9.5 ha to meet an identified shortfall of office employment space over the plan period.

Subject to the following:

development proposals should be accompanied by a comprehensive masterplan for approval, which includes an indicative layout and phasing plan and sets out details of how this will be achieved; 25 the development will not take place until Junction 10a Motorway junction improvements have been completed and the Highways Agency is satisfied the proposals do not have an unacceptable impact on Junction 10a

Page 53 of 323

4 Employment Land Review Nathaniel Lichfield and Partners, paragraph 17 4 . Spatial Strategy

Draft improvements when complete and the upon the M1 motorway, and shall not

Luton compromise the safety of road users; public transport services are secured to meet the expected demand arising

Local from the development; car parking provision meets the maximum standard specified in Appendix 2, Plan and is in-keeping with its surroundings and is in compliance with Policy LP25

for (High Quality Design);

Public the development will provide a high quality southern gateway to the town and will use public art, built design, lighting and topography to conserve and Consultation enhance the appearance of the adjoining Green Belt, Local Landscape Area and County Wildlife Site; the development will be of a height and with lighting that does not compromise the safety of the operations of London Luton Airport; (2011-2031) the development will protect features of nature conservation interest; public rights of way and the rights of public utility providers will be safeguarded; enabling development will be of a scale that does does not adversely affect the regeneration of Luton Town Centre.

Buckinghamshire. Policy LP6 makes London Luton Airport provision for the airport to respond positively to future growth helping to 4.36 London Luton Airport is a busy safeguard Luton's key sub regional growing airport currently operating at economic contribution to jobs and wealth around 10 million passengers per annum creation while setting a clear with a potential capacity to grow environment and transport framework substantially. The airport provides with which to regulate future growth. infrastructure and serves for in Century Park is included within the particular, low cost airlines and business strategic allocation for a range of related aviation as well as air aviation related Use Class B employment cargo/freight, and generates significant development to be delivered adjacent employment for residents of the town to the airport. Given the strategic and surrounding areas. This includes relationship between Century Park, the aviation related engineering and services airport, the sub regional economy and and other aviation related jobs. The local transport network with connections airport also provides and underpins to M1 Junction 10a via the east Luton employment for a pool of workers and corridor it is proposed that the Century businesses which use and rely on the Park site as allocated in the previous airport from neighbouring local Local Plan is integrated together with authorities' areas, in particular the London Luton Airport Strategic 26 Bedfordshire, Hertfordshire and Allocation as a single strategic allocation.

Page 54 of 323 4 . Spatial Strategy

Policy LP 6

London Luton Airport (2011-2031)

Land within the London Luton Airport Strategic Allocation (284 ha) includes Century Park (43 ha) together with the land within the airport boundary (as identified on the policies map). The allocation serves the strategic role of London Consultation Luton Airport and associated growth of business and industry, including aviation Public engineering, distribution and service sectors which are important for Luton, the for sub regional economy, and for regenerating the wider conurbation. Plan Airport Expansion Local Proposals for expansion of the airport and its operation within the airport boundary, together with any associated surface access improvements outside the Luton

boundary, will be assessed against the Local Plan policies as a whole. Proposals Draft for development should be demonstrated to: i. be airport related and to serve business, leisure or aviation training; and ii. contribute to achieving national aviation policies; and iii. be in accordance with the latest final Airport Master Plan published by the operators of London Luton Airport; and iv. not cause to be exceeded throughout their lifetime any Air Transport Movements limits imposed for Day and Night time operation of the airport; and v. not result throughout their lifetime, in an aircraft noise impact of operation of the airport that extends the areas within relevant noise contours the subject of the most recently imposed planning conditions, including those for the 57 dB(A) Leq 16 hr (07:00 - 23:00 hrs) day time and 48 dB(A) Leq 16 hr (23:00-07:00 hrs) night time periods, or that otherwise cause excessive noise including ground noise at any time of day or night; and vi. include an effective noise control, monitoring and management scheme that ensures that current and future operations at the airport are fully in accordance with the policies of this Plan and any planning permission which has been granted; and vii. include proposals which will over time result in a significant diminution and betterment of the effects of aircraft operations on the amenity of local residents and occupiers and users of sensitive premises in the area, through measures to be taken to secure fleet modernisation or otherwise; and viii. incorporate sustainable transportation and surface access measures in particular which minimise use of the private car, maximise the use of sustainable transport modes and seek to meet modal shift targets, all in accordance with the Luton Airport Surface Access Strategy; and 27 ix. incorporate suitable road access for vehicles including any necessary improvements required as a result of the development.

Page 55 of 323 4 . Spatial Strategy

Draft Airport-related car parking Luton Proposals for airport related car parking will be permitted only within the Airport

Local Strategic Allocation (excluding Century Park) unless there is demonstrated to be a long-term car parking need that cannot be met on the airport. All such proposals Plan must relate well to the strategic road network, not exacerbate traffic congestion,

for have an adverse impact on amenity, and be in accordance with the most recently

Public approved Luton Airport Surface Access Strategy.

Consultation Century Park

Development of Century Park will be supported where proposals make provision primarily for airport and aviation related businesses and industry and which can

(2011-2031) be demonstrated to have a locational requirement for close access to London Luton Airport. Such uses include in particular the following airport related uses: B1 uses including in particular light industrial; small scale affordable managed B2 units; and B8 distribution. Small scale retail, related services and leisure (as defined in Use Classes A1 to A3 and D2) will be permitted in order to to serve the needs primarily of employees in the area, as well as a hotel (Use Class C1). The Council will require proposals to be subject to a comprehensive development brief or Master Plan which shall set out the proportion and phases of development and which shall include the following:-

proposed access, which shall be via the extension of the East Luton corridor and shall link Airport Way through to Century Park, such access shall be designed so as to ensure that no use is made of Eaton Green Road to provide access to Century Park or the Airport, except for cyclists, pedestrians and in case of emergency; and appropriate landscaping to be provided both on and off site, which shall have regard to the potential for significant visual exposure within the wider area of built development at Century Park, and which does not increase risk to aviation operations arising from structures, lighting, bird strike or open water and having regard to operational and national security considerations; the height and design of buildings will reflect the site’s rural fringe setting, its high visibility from surrounding countryside and its proximity to London Luton Airport; and provision to be made for sustainable drainage and the disposal of surface water in order to ensure protection of the underlying aquifer and prevent any harm occurring to neighbouring and lower land.

developable site has been developed to 28 Butterfield Technology Park date and provides the only credible and available land within Luton to attract 4.37 The site contains high value, knowledge based activities, including knowledge based businesses such as advanced manufacturing as evidenced Hitech Instruments, as well as some by the Employment Land Review (2013). University of Bedfordshire uses, the Page 56 of 323 Enterprise Hub, and the Basepoint 4.38 The site has been assessed Innovation Centre. 40% of the overall against other uses other than 4 . Spatial Strategy employment, due to its long-term cemetery expansion would cover vacancy (ELR, 2013). The study concludes approximately 30 years of land that Butterfield Technology Park is a supply for the cemetery. good quality employment site, Proximity to County Wild life site (2011-2031) and Area of Outstanding Natural 4.39 The analysis indicates Luton will Beauty requires a thorough control have a shortage of land for B1 office on densities and landscaping. premises, which often also Consultation accommodates R&D activities. On this 4.41 Preferred policy approach: basis, there is no case for releasing parts Public of this important employment site to Commercial market views were that for other uses and essential to allocate it for this site would attract development Plan employment use. when the property market recovers and there have been recent Local 4.40 Issues to address during the plan enquiries by large employers. Luton Built development should be low rise

The majority of the site has been and low density, in order to retain Draft undeveloped for a long period of the essentially open nature of the time arising from the subdued area, with no more than 30% of the national economy. area occupied by buildings. The Butterfield area represents the Existing natural features and rights only opportunity to provide a park of way should be retained and where and ride facility on the A505 possible enhanced gateway into Luton. The policy The existing development of the therefore safeguards land required, Innovation Centre and Enterprise considered to be 2 hectares, having Hub are examples of sustainable regard to preliminary studies on the design and should be replicated by implementation of park and ride in new development to reduce as much Luton. as possible their impact on the The Vale Cemetery has an identified natural environment. need for expansion and 2.6 ha will Appropriate public transport be allocated for this purpose. This facilities must be incorporated into land in addition to the previous the detailed development proposals.

Policy LP 7

Butterfield Technology Park

The undeveloped land (23 hectares) at Butterfield is allocated for the development of offices (B1 (a) (b) (c)) which could provide approximately 55,000 sqm of employment floorspace (or 4,800 jobs) in the research and development sector complementing the existing Innovation Centre and Enterprise hub and contributing to the expansion of the sub regionally important Technology Park. Support will 29 also be given to the provision of a park and ride facility to mitigate traffic in the borough, and a 2.6 hectare extension to the Vale Cemetery.

Development should accord with the Spatial Development Strategy, other policies in the plan and follow the site-specificPage 57requirements: of 323 4 . Spatial Strategy

Draft Development proposals should be accompanied by a comprehensive

Luton masterplan which should include an indicative layout, sustainable construction methods and materials, a landscape and biodiversity plan and a phasing plan

Local for the necessary infrastructure to deliver the scheme; New development shall have regard to and where possible replicate or exceed Plan the high benchmark of sustainability achieved by existing developments at

for Butterfield and be an exemplar of high quality and energy efficient modern

Public office development in the town; Access to the site should be provided by the existing access from the A505 Consultation (Hitchin Road); Integrated sustainable urban drainage systems are particularly appropriate for this site; Materials should reference those used in the existing structures and create (2011-2031) continuity with the existing development; Existing landscape features such as hedgerows and ponds shall be retained; The views from the adjacent Stopsley Common and Oaket Wood County Wildlife Site should be protected and should retain their rural character; Existing rights of way shall be safeguarded. New public routes to the adjacent greenspaces and the new recreational facilities of the Inspire Luton Sport Village introduced within well landscaped corridors and away from traffic routes; The Park & Ride facility should be located near the entrance of the existing Innovation Centre and will serve the wider urban and rural areas; Pedestrian and cycle routes will also be essential to link the site to the surrounding and wider urban / rural area.

busway will provide excellent Napier Park accessibility to the areas of Luton, Dunstable and Houghton Regis, the main 4.42 Napier Park is the largest town centre transport hub and the brownfield site in Luton which would London Luton Airport. contribute considerably to the growth of the town when redeveloped. 4.45 Key issues

4.43 Around 23 hectares of the former The land drops significantly reaching Vauxhall Plants lends itself to be approximately 140 feet of slope redeveloped for housing, offices, light between the top western side and industry, warehousing, retail, leisure, the bottom eastern side of the site. tourist accommodation and car parking. The land sits on a raised platform from Kimpton Road and the 30 4.44 The Council has already delivered possibility of providing access which a new access to the north of the railway is not accessible or convenient is tracks onto the Luton Airport Parkway high. Railway Station, to ensure full Vehicular access will be permitted accessibility to the rail services linking only off Kimpton Road, which will to central Luton, London, the Midlands, imply careful consideration of traffic Page 58 of 323 the wider region and beyond. The implications at peak hours between proximity of the Luton - Dunstable guided the residential elements, the 4 . Spatial Strategy

servicing and the employment traffic The proximity of the railway station and in case of an emergency. allows leisure hotel uses to be A covenant limits the location of delivered on the site. housing to the eastern side of the Flood risk mitigation such as (2011-2031) site. Sustainable Urban Drainage Systems (SUDS) are required due to the flood 4.46 Policy approach risk issues of the site. Consultation The public space should be vibrant, The key aim for to this site is to

safe and well linked to the rest of Public deliver high quality housing, offices

the town. for and light industry with a Development should complement neighbourhood centre composed Plan and not have an adverse effect upon mostly of retail units clustered

the vitality or viability of Luton Local around a vibrant public space. Town Centre. Luton Draft Policy LP 8

Napier Park

Napier Park is a brownfield site of around 25 hectares, located on the former Vauxhall car plant. The site is allocated for a mixed use neighbourhood development including around approximately 35,000 sqm of B1a office space and 20,000 sqm of B1c industrial uses, 600 residential units, a foodstore of 2,500 sqm floorspace, and a hotel.

Development proposals should be accompanied by a comprehensive masterplan for approval, which includes an indicative layout and phasing plan and Landscape Plan and sets out details of how these will be achieved.

Development should accord with the Spatial Development Strategy, other policies in the plan and follow these site-specific requirements:

A new neighbourhood centre focused around a vibrant public space with safe and direct walking and cycling routes to Luton Airport Parkway Railway Station and the town centre. Integrated Sustainable Urban Drainage System (SUDS) and or other appropriate measures will be required to mitigate flood risk; Development should respect and minimise its impact on the local landscape including Hart Hill and the nearby cemetery; Parking and service access should be well integrated into the design of the scheme away from the main public square or on underground parking; Offices and industrial uses,shall be of a high quality contemporary design and energy efficiency in accordance with Policies LP25 and LP37; 31 A range of housing densities appropriate to the site should be provided to meet the housing need of Luton’s community; Proposals should make best use of the Guided Busway and Luton Airport Parkway Railway Station and also provide public transport and walking and cycling routes within the sitePageto serve 59 ofthe 323new residential and employment 4 . Spatial Strategy

Draft areas to encourage sustainable travel patterns with particular regard to the

Luton need for disabled access; A new access road shall be provided off Kimpton Road into the site and be

Local designed for cars, buses, walking and cycling; Plan for

Public drainage area (Chapel viaduct Stuart Power Court Street drainage area) and surface

Consultation water flooding shows the extent to 4.47 The Power Court site is located be much larger than the fluvial on a disused power station and prior to impact alone (Surface Water this was a residential neighbourhood. The Management Plan 2013). (2011-2031) cooling towers of the Electric Works were Currently the ring road is perceived a landmark in the townuntil the 1970s as a barrier to pedestrian movement when the site was redeveloped for a mix and the site is considered somehow of manufacturing and general industrial disconnected from the town centre. uses. The site is now vacant with the Contaminated Land from previous exception of a small warehouse currently uses may impact on development in use. viability. The River Lea runs under a culvert 4.48 The site is strategically important and currently does not meet the as it consists of 7 hectares adjacent to quality of the Water Framework the Main Shopping Area of Luton Town Directive. Centre and is a key gateway to the town from the east. The site benefits from The British Geological Survey excellent accessibility in terms of its Groundwater Flooding susceptibility proximity to the main modal transport maps also show a high to very high hub (formed by the guided bus, the bus risk of groundwater flooding. interchange and the main train station) The Retail Study Refresh (2012) of the town, the University Campus and identifies that the site is able to the eastern road route between the town accommodate circa 3,700 sqm net centre and London Luton Airport. convenience retail floorspace. The Employment Land Review (2013) 4.49 Therefore Power Court is a major identifies the site as appropriate for redevelopment opportunity within Luton a large mixed use scheme, providing Town Centre which needs to be brought also a modest amount of offices. back into effective use over the plan period to help deliver the strategic 4.51 Policy approach objectives of the Plan. Any new 4.52 The main objectives for Power development on this site should deliver Court are to maximise the redevelopment a high quality scheme that manages to opportunity of the site and its important improve the image of Luton, whilst location through the delivery of a mix of respecting the role of St Mary’s Church 32 uses that complement the town centre and its grounds which sit immediately to and make the site an integral part of it. the south. 4.53 To establish strong pedestrian 4.50 Key issues links with other parts of the area creating The area is exposed to fluvial Page 60 ofa more323 pedestrian oriented environment. flooding from the River Lea critical 4 . Spatial Strategy

4.54 Make the most of a deculverted 4.55 Opportunities to accommodate River Lea, which could become an the convenience retail needs of the town attractive feature of the town centre and and expand the housing and business part of the identity of Luton; while supply in the town centre, through (2011-2031) providing an efficient flood defence and sustainable constructions. bio retention system, and better water quality. Consultation Public

Policy LP 9 for

Power Court Plan

Power Court is a brownfield site around 7 hectares located in Luton Town Centre’s Local northeast gateway bounded to the north by the route of the Luton-Dunstable Luton Guided Bus and the railway line and to the south by the St Mary Road. Draft Power Court is a key site for improving the town centre retail offer by providing a sustainable, convenient and attractive location that will support and complement the existing town centre uses.

Land at Power Court, as shown on the the policies map is allocated for mixed use redevelopment of around 600 dwellings and circa 3,700 sqm net retail convenience floorspace. Town Centre uses including sport, leisure and cultural facilities will also be encouraged on this site to enhance the offer of the town to visitors, students of Bedfordshire University and the wider community. Comparison floorspace will also be accommodated in accordance with the borough’s overall identified need for the town centre.

Development should accord with the Spatial Development Strategy, other policies in the plan and follow address the following requirements:

proposals should be accompanied by a comprehensive masterplan which includes indicative layout, materials, access, massing, uses and a phasing, the proposed delivery mechanism, and should comply with the Luton Town Centre Development Framework and its updates; development should respect and enhance the setting and context of the site in terms of using quality design to complement adjacent landmark buildings and the public realm, including the Grade I listed St Mary’s Church and grounds, the University of Bedfordshire Campus and the UK Carnival Centre; consider opportunities for making more effective use of the River Lea as an accessible strategic feature and asset for the town, including options for deculverting and redirecting the River Lea channel where feasible; proposals will need to mitigate flood risk issues of the site by integrating 33 Sustainable Urban Drainage Systems (SUDS) and or other reasonably suitable mitigation measures;

Page 61 of 323 4 . Spatial Strategy

Draft ensure that development elevations maintain the high visual profile of the

Luton site and maintain views to other adjacent vistas in the town (e.g. Hart Hill and the railway line);

Local land decontamination and works affecting the River Lea should be carried out with the best practise available and be in accordance with Policy LP38 Plan to avoid any harmful impact on the water resources; for Public

Consultation High Town A health check on the vitality of local retail centres (Luton Retail 4.56 High Town is one of the more Study Refresh by White Young historic areas of Luton and is situated Green, 2012) recommended that (2011-2031) immediately to the north of the town High Town be designated as a centre with excellent accessibility to neighbourhood centre as a lack of Luton Railway Station and bus facilities like a bank or post office interchange and the rest of the town. and an anchor store do not allow this The central part of High Town is centre to be a viable district centre. composed of a Victorian and Edwardian Its proximity to the facilities and parade of shops designated as the High more valuable assets of the town Town Road Conservation Area, with a centre hinders investment in the distinctive character and some buildings area. with architectural merit. The parade of The ward experiences many shops accommodates specialist retailers, problems with anti-social behaviour, restaurants and pubs. The area is in particular, but not limited to, 'The suffering from relatively poor trade and Paths'; a post war housing area. some empty premises however the There are a number of derelict and Council has recently invested in underused industrial buildings environmental improvements to the area interspersed with land currently and funded the temporary use of empty used for car parking which are shops. This investment is beginning to detrimental to the vibrancy of High bring life back into the area however it Town that need to be brought back is in need of significant further private into effective use. sector investment to fully realise the Given the current and previous opportunities of the area as a vibrant industrial uses of the area there is historic mixed use neighbourhood with potential for contaminated land. opportunities for start up business and Sections of High Town are located creative activities - similar to and on the Upper Lea Chalk Aquifer. complementing the Creative Quarter of the Town Centre which is in close 4.59 Policy approach proximity. 4.60 The vision for the area is to 4.57 A High Town Team has been create a more sustainable residential-led 34 formed in this area and is working mixed use neighbourhood including small alongside the community to devise scale offices / workshops, live work units projects and programmes to improve the (with opportunities for start up business image of the area and attract funding. and creative activities) and increased retail provision which will enhance the 4.58 Key Issues: Page 62 ofarea, 323 with better pedestrian access and 4 . Spatial Strategy permeability, more public open space Design Codes are a material and an enhanced natural environment. consideration for any planning application in this area. 4.61 A Supplementary Planning (2011-2031) Document (SPD) was prepared in 2007 4.63 High Town is proposed as a for the whole of the High Town Action neighbourhood centre in the 'centre Area (Local Plan 2001-2011), which sets hierarchy' (see Policy LP21) and as such planning, land use and transportation can accommodate town centre uses Consultation objectives for the future of the area and appropriate to the the scale and size of is a material consideration for any the area. However its proximity to the Public planning applications in the town centre, could allow for substantial for neighbourhood. town centre uses to be located in the Plan area around the station provided they 4.62 The land between the have been subject to a sequential test. Local Conservation Area and Hitchin Road have

Given the considerable potential for Luton been subject to further detailed guidance additional housing and jobs a further through the High Town East Village master plan / SPD update covering the Draft Design Codes (Appendix 2009 to the High whole of the High Town policy area will Town SPD ) which sets the layout of this be prepared to coordinate and facilitate area and its height, massing, boundary the development of the site. treatment and more. The East Village

Policy LP 10

High Town

The High Town Strategic Allocation is an area located to the north of the Luton Railway Station as identified on the Policies Map.

The vision for the area is to create a sustainable neighbourhood destination delivered through residential-led mixed use development including small scale offices / workshops, live work units and increased retail provision which will enhance the area including increased footfall, better pedestrian access and permeability, more public open space and an enhanced natural environment.

It is expected that over the plan period the area can accommodate around 570 new residential units and around 350 jobs.

Proposals must have regard to the High Town SPD and help deliver the vision for the area. This will be achieved through the site specific requirements below regarding the three key areas of change in High Town (Old Bedford Road Block, East Village and 'The Paths') and delivering the key infrastructure and environmental improvements set out in this policy and the SPD. 35 The area benefits from the proximity to the town centre which offers many facilities and services, however the need for a limited amount of recreational facilities in particular for young people has been identified and should be improved. Page 63 of 323 4 . Spatial Strategy

Draft High Town is situated on a Source Protection Zone 1, as it sits on an aquifer, very

Luton susceptible to the potential effects of pollution. Planning applications will need to be accompanied by a Contamination Risk Assessment, addressing the previous

Local uses of the site and the resulting potential for contamination as required by the Environment Agency. The area could be susceptible to Surface Water Flooding Plan and as such any development will need to be in compliance with the

for recommendations set in the Surface Water Management Plan and Luton Local

Public Flood Risk Management Strategy.

Consultation Old Bedford Road

This area, surrounded by Old Bedford Road to the west, Midland Road to the south, Dudley Street to the east and North Street is predominately owned by the

(2011-2031) Council and is currently vacant. This area will deliver new housing and improvements will be in accordance with design codes within the SPD:

Around 130 dwellings consisting of a mix of traditional and contemporary flats, characterised by high density development to the south of the block. Buildings heights could range from 3 to or 6 floors where appropriate, with upper floors set back from the building lines; Ground floor retail and light industry on the perimeter roads as well as some office development; Opportunities for new public space with links running east-west and north-south to improve much needed walkability of this part of High Town.

East Village

The area is bounded by Midland Road to the south, Hitchin Road to the east, York Street to the north and High Town Road to the west and is currently and underused industrial area developed following slum clearance after the second World War.

Proposals will need to be in compliance with the design rules established by the Council through the East Village Design Codes (appendix to the High Town SPD) or any subsequent refresh; Around 240 residential units (depending on the market), 6,000 to 8,000 sqm of employment floorspace and a limited retail floorspace of 400 - 600 sqm; Small workshops and live work units for business and creativity industries will be especially encouraged in this part of town as they reflect the character of the High Town Road conservation area and complement the proximity to the Creative Quarter; Opportunities will be sought to improve the green spaces in the area within the East Village; An access road to Midland Road will need to be provided by extending Gillam 36 Street when the Ring Road will close the access from both ends of Midland Road; Opportunities to provide public art are particularly encouraged in this part of town.

Page 64 of 323 4 . Spatial Strategy

'The Paths'

'The Paths' is a post war housing area and requires measures to improve the community safety and quality of the built environment of the area. (2011-2031)

Development proposals which improve design, safety and legibility of the built environment, public and private realm and which achieves better integration with the wider surroundings will be encouraged. Consultation

A further master plan / update of the SPD covering the whole of the High Town Public policy area will be prepared to coordinate and facilitate the early development for

of the sites. Plan Local

English Heritage has carried out a Luton

Creative Quarter Historic Area Assessment of the area Draft which found that many of the 4.64 The Creative Quarter is situated remaining buildings and roads are between Luton Railway Station and the very important heritage assets from Main Shopping Area of Luton Town the hat manufacturing era and are Centre. It includes the Plaiter’s Lea in a state of disrepair. Conservation Area with many buildings The scale, extent and condition of of architectural merit and remnants of the buildings immediately mark the traditional hat industry and is the them (and this area) out as being main gateway to the town centre from notably different from other the north. elements of the town. The concentration of such large, 4.65 The current uses in the area are multi-storey, hatting premises within predominately eating and drinking a small geographical area gives this establishments, leisure, very limited area character and uniqueness that retail and the the Hat Factory Media and need to be replicated and protected Incubator Centre. It is in a strategically also from comprehensive important location as it is the first area development. of the town centre that visitors tend to Most of the area is crossed by the experience as they arrive via rail, bus River Lea which currently runs and car. It is in the main pedestrian underground and issues with corridor between the railway station structural soundness of the culvert multi-modal transport hub and the other and current poor quality of the River areas of the town including the need to be taken in account. Bedfordshire University, and the main shopping area of Luton Town Centre. 4.67 Policy Approach

4.66 Key Issues: This key gateway is to be transformed into the Creative 37 The area has a number of derelict Quarter of the town with a thriving and blighted sites and buildings café’ culture and night time which need to be brought back into economy; appropriate for a mix of use. restaurants, galleries, retail, The area is mostly covered byPagethe 65 of 323education facilities and creative Plaiter’s Lea Conservation Area. 4 . Spatial Strategy

Draft businesses and an excellent quality New public open spaces will be public realm. encouraged at the station forecourt Luton The Council will favour development and on Bute Street.

Local which celebrate and enhance a very A pedestrian friendly environment special context by drawing from its and opportunities to pedestrianise Plan strong character while addressing most of Bute Street in compliance

for the poor quality of the public realm with the Town Centre Development

Public and the lack of enclosure of many Framework should be encouraged to sites in the area. create a vibrant environment.

Consultation This area is already well established The opportunity to accommodate for the creative industries which most of the convenience retail need have always gravitated around the of the borough in this area will also Hat Factory and now also around Mill be encouraged in accordance with (2011-2031) Yard. The Employment Land Review the specific policies for the (2013) using EFFM projections and sub-areas. historical trend in the Region and in the local market foresee that jobs 4.68 Within the creative quarter three related to Art and Entertainment sub areas have been identified for their will grow more than 40% and Media potential to be regenerated and and Communications will grow of at redeveloped. Given the substantial least 5% creating more than 1000 amount of development that could be new jobs in these fields delivered by these areas specific policies The presence of the University of have been drafted to guide their future Bedfordshire and its department of development: Media and Design, alongside the UK Carnival Centre create an 1. The Northern Gateway: a retail led further opportunities for creative development to the north of the industries and education related mall; development. 2. The Station Gateway: a residential The presence of restaurants and and office led development to the pubs makes this area also suitable north of the site to encourage a vibrant night time 3. Land to the north of St George economy. Creative businesses Square: a leisure and retail led globally are also seen as the conduit development to the north of St. to a thriving café culture and to George Square. active and vibrant public spaces.

Policy LP 11

Creative Quarter

The Council will work with developers landowners and stakeholders to transform 38 the Creative Quarter into a thriving mixed use area with café culture and night time economy; appropriate for a mix of restaurants, galleries, retail, leisure, education facilities and creative businesses and an excellent quality public realm.

Proposals for the Creative Quarter as identified on the policies map and comprising the Northern Gateway; Station Gateway;Page 66 ofand 323North of St Georges Square 4 . Spatial Strategy development areas will be supported where they deliver following requirements as far as they are material to the application:-

improve the mix of uses, including education facilities related to art, media (2011-2031) and design (mix of A1, A3, A4, D1, D2, C3, B1); deliver flexible use of the space to maintain future viability and activity;

deliver the conversion of empty premises into studios and spaces for artists, Consultation work-live units and creative businesses;

enhance the night time economy; Public

maintain and enhance the access ; for

increase the level of connectivity in the area and ensure public accessibility Plan across the areas at all times;

Improve the quality of the public realm and in particular the link between Local the Railway Station and the Mall; make effective use of opportunities to extend use outside ground floor level Luton

e.g. Cafés and the night time economy; Draft ensure that development design respects and complements the character of buildings and spaces in the area

Northern Gateway

The area is composed of approximately 0.5 hectares of land immediately to the north of the Mall allocated for a retail-led comprehensive scheme.

Proposals for the Northern Gateway will be acceptable if they comply with the criteria set above and where they deliver the following:

Deliver retail floorspace (A1-A3) including market and ancillary uses (B1, C3, A4) for which there is an evidenced need; Improve the north-south links and maintain east-west connections to Library Road and St. George’s square; Improve the quality of the entrance to the Mall through high quality architecture; improve the visual connectivity to the Mall to improve legibility; Facilitate the creation of a new public space on Bute Street; Deliver uses at ground floor which extend appropriately into the public realm in particular around the new public space (Bute Square).

Station Gateway

This area includes approximately 1.5 hectares of land located between the railway station and the Plaiter’s Lea Conservation Area and is allocated for a residential led scheme.

Proposals for the area will need to comply with the general policies of the area 39 and with the following criteria:

Redevelop the train station to provide a well designed facility with an attractive, safe, sheltered environment for travellers, visitors and staff; Maintain and improve accessibilityPage 67to ofthe 323transport facilities and to High Town; 4 . Spatial Strategy

Draft Improve the quality, safety and comfort of the pubic realm including

Luton opportunities for public space and a pedestrian friendly environment; Respect and enhance landmark buildings and key views in the area;

Local Contribute to the delivery of a substantial amount of residential units, in the form of contemporary flats, and offices and ancillary hotel, leisure and Plan limited retail (C3, B1 and C1, D1, D2, A1, A2, A3, A5);

for Provide car parking in suitable discreet locations. Public North of St Georges Square Consultation The area to the north of St. George’s square and bounded to the north by Guilford Street is allocated for mixed use development including leisure, cultural and retail uses to reinforce and complement the existing offer of the town centre. (2011-2031) Proposals for the area will need to comply with the general policies of the Creative Quarter and with the following criteria:-

Incorporates leisure, cultural and retail uses (D1,D2, A1-A5) and make effective use of the River Lea environment to enhance the character of development where appropriate and feasible; Propose retail uses at ground floor that contribute to the café’ culture already established; Is of a scale and design which complements and enhances the historical townscape, built character of the area and opportunities to improve the skyline; Improves the safety, comfort and ease of pedestrian movements linking the area with the town centre; Delivers opportunities for education establishments to locate in the area.

Marsh Farm neighbourhood which has been provided of a brand new library and theatre in a 4.69 Marsh Farm, (within the state of the art new school, Lea Manor Northwell ward) is the biggest housing and by the new community centre and estate in Luton. Developed in the late facilities at Futures House. 1960’s and early 1970’s, it is designed upon cul de sacs arrangement of 4.72 The considerable population of properties, the segregation of vehicular this neighbourhood, the existing services and pedestrian routes and has oversized and the potential for further wide roads flanked by underused lawn regeneration has brought recognition, areas. confirmed by the Retail Study (WYG 2012) that Marsh Farm should be 40 4.70 Marsh Farm is characterised by designated as a District Centre in the severe problems of multiple deprivation, new hierarchy of local centres including unemployment, poverty, lack established in this Plan. As such, it could of skills, poor educational achievement, attract investment to expand the retail and poor health. offer which would cater for local needs Page 68 ofand 323attract also shopping journeys from 4.71 Extensive regeneration has a wider catchment area. interested the central part of the 4 . Spatial Strategy

Policy LP 12 (2011-2031)

Marsh Farm

Development proposals for the central area of Marsh Farm as identified on the Consultation Policies Map and for the rearrangement of the housing estate’s layout shall be accompanied by a comprehensive masterplan with an indicative layout and phasing Public plan setting out detail of how it will be delivered. for Plan Development should accord with the Spatial Development Strategy, other policies in the plan and follow the site-specific requirements: Local

A foodstore of around 1,000 sqm shall be accommodated to act as an anchor, Luton alongside existing and improved facilities increasing the vitality of the District Draft Centre; A rearrangement of the residential and retail units be should of an appropriate design and ensure a safer, more vibrant area and allow higher level of activity in the centre; Proposals must improve the permeability, legibility and amenity space of the area and create a sense of place which is currently lacking; A significant net increase in dwellings is not anticipated given the existing high rise, high density nature of the area; Make efficient use of the existing space including investigation of the opportunity to reduce the land take of the nearby roundabouts to allow for other uses; Improvement to the landscape with mature trees and appropriate planting to improve build on the natural assets of the area and to enhance the character of the area; Proposals for the housing estate should address the current lack of natural surveillance, poor layout and perception of poor safety which characterise the area; Accesses and links in the area should be convenient direct and at level.

41

Page 69 of 323 5 . Growing Luton's Economy

Draft 5 Growing Luton's Economy the plan period and the Luton economy is capable of generating Luton Economic Strategy those jobs as evidenced by the

Local Employment Land Review (2013); Strategic Objectives Delivery of 69.3 hectares Plan employment land at strategic

for Strategic Objective 1: Retain and allocations coordinated with key

Public enhance Luton’s important sub-regional infrastructure would accommodate role as a place for economic growth and the B class jobs required and some

Consultation opportunity. mixed use non B class jobs; The Strategic Allocations in the Plan Strategic Objective 2: To utilise Luton’s need to make provision for the economic, social and environmental generation of jobs (including (2011-2031) resources efficiently and sustainably business and office market including within the limited physical land capacity aviation sectors) in excess of the B of the borough. jobs target to provide choice and flexibility to the market and to Strategic Objective 5: Reduce social, maintain and strengthen Luton's economic and environmental deprivation, important contribution to the sub particularly where it is spatially regional economy for skilled workers concentrated, by taking priority from neighbouring areas as well as measures to reduce unemployment, job opportunities for Luton improve skills and education and renew residents; housing, community and environmental Strategic allocations will also conditions. provide flexibility if there is a 5.1 The objectives above reflect the significant increase in demand for integrated aspirations of the borough to employment space arising form deliver sustainable, balanced economic, future population growth and environmental and social wellbeing for migration (see housing chapter for local people as well as visitors and population considerations), future workers from neighbouring areas. The employment land losses, delayed or objectives are founded on corporate and non delivery of sites due to lack of community aspirations including evidence infrastructure funding (such as of the key structural and capacity issues access to Century Park), underlying Luton’s economic displacement and relocations within performance and future business Luton and a 10% floor space market potential(5) allowance; Delivery of modest B2 provision on Key Issues: appropriate Strategic Allocations for local firms wishing to relocate or 5.2 The key issues that the borough expand or to move into modern yet faces in terms of planning for growth and relatively affordable work space; 42 prosperity over the plan period are as There is a need to protect existing follows:- key employment areas (termed Category A) which have been There is a need to plan for growth assessed as performing well; and of around 18,000 jobs (7,700 B class A need to manage the release of a jobs and 10,200 non B class jobs over limited number of the poorest B use Page 70 of 323

5 i.e. Employment Land Review Study March 2013; Nathaniel Lichfield & Partners 5 . Growing Luton's Economy

employment sites now but otherwise a Presumption In Favour of to protect marginal employment Sustainable Development (a golden land (Category B identified on the thread running though both plan policies map) in the short and making and decision making); (2011-2031) intermediate period to ensure local a clear economic vision and strategy; firms can still afford to do business a positive proactive and sustainable in Luton until new modern approach to economic growth and Consultation affordable accommodation becomes land allocation; available. up to date evidence on demand and Public

Century Park development and supply and deliverability; and for London Luton Airport access justification for long term improvements serving aviation protection of allocated employment Plan

engineering, business and logistics land; a sequential approach to town Local related growth and some small scale centre uses which includes

B2 accommodation for local employment. Luton businesses; South of Stockwood Park; B1 5.4 Policy LP13 sets out a positive and Draft business park to meet future office flexible economic strategy for delivering demand and a relocated football the jobs target and strategic allocations club served by M1 Junction 10a and LP14 will regulate the process by improvements; which land will be protected and Butterfield Technology Park for delivered in accordance with the research and innovation; important Employment Land Study: in delivering long term diversification and restructuring of Luton’s economy has been Luton’s economy addressing under performing fairly well in terms of representation in higher technology job growth, and its future economic sectors; growth prospects appear reasonably Napier Park strategic allocation – a good, supported by planned key regeneration site for mixed B1 infrastructure improvements and business, employment and modest Airport growth; B2 accommodation with residential Luton also functions as an important use and retail linked to guided sub-regional employment centre. busway and Luton Airport Parkway However, it also has above average Railway Station; unemployment, modest levels of Power Court Strategic allocation - a new firm formation and a lower key regeneration site for mixed skilled workforce; retail, B1 business, and residential Luton’s economy is more reliant on use integrated with the town centre manufacturing and distribution than and enabled by town centre (final the region but there has been little phase ring road) scheme job growth in these sectors; improvements. representation in knowledge based sectors is generally low, although its Why we have taken the preferred level of business services jobs has 43 policy approach been above average; the borough’s existing 1.4 million 5.3 National Planning Policy Guidance sqm. stock of employment land (78% ( NPPF) published in March 2012 industrial and 22% Office) is requires:- Page 71 of 323significantly ageing and needs renewal and replacement; 5 . Growing Luton's Economy

Draft replacement or renewal of industrial the older and lower quality vacant land is happening but lags behind office stock in and around the town Luton the region especially for completed centre will be difficult to modernise

Local new/ modern offices space; or replace because of the low rents uptake has been modest due to the achievable, although refurbishment Plan subdued economic situation, is more likely;

for although local demand is healthy; the scope for redeveloping existing

Public In the last decade there have been employment land for mixed some notable successes particularly employment and housing is not

Consultation on established and emergent currently a viable option in the business parks for office; present economic climate without overall the borough has been losing comprehensive planning (e.g. B space stock (-18%) over the past parking and amenity issues) and (2011-2031) decade and almost all from need for financial interventions; industrial stock, sustaining more loss it would be prudent to maintain than adjacent areas while the region most of this stock (e.g. amber as a whole has grown; employment sites identified vacancy levels are about average for Category B sites on the policies map) offices but low for industrial space until economic conditions improve reflecting higher demand even for and there is progress on delivering poorer quality accommodation (e.g. new accommodation on the local, small scale businesses, outstanding land allocations and start-ups, and professional business particularly, Napier Park and services) because of its affordability Century Park. (accessing low competitive rents) and lack of alternative space;

Policy LP 13

Economic Strategy

Planning applications will be granted where they deliver sustainable economic growth and prosperity to serve the needs of Luton and the wider sub region. There is a need to generate around 18,000 jobs (8,000 B class jobs and 10,000 non B class jobs) through business and industry development on strategic employment allocations, and within the existing key employment areas safeguarded for B class uses, as identified on the Policies Map. The strategic allocations for delivery are:

Land South of Stockwood Park: B1 office and light industry (See Policy LP5); London Luton Airport (Century Park): mixed aviation related B1b-c, B2 and B8, small scale ancillary service uses and hotel use (see Policy LP6); 44 Butterfield Green Technology Park; B1 and small scale B2 including incubator units (See Policy LP7); Napier Park; predominantly B1 office light industry and small scale affordable B2 use; small scale A1 to assist regeneration and housing provision (see Policy LP8). Page 72 of 323 5 . Growing Luton's Economy

Proposals for warehousing (B8 ) over 500 sqm floorspace will be directed to employment locations well connected to the strategic highway network, motorway access and at rail served depots and exceptionally at Crescent Road . The preferred locations are London Luton Airport, including; Century Park; Sundon (2011-2031) Park employment area; Junction 11 Craddock Road and Chaul End Lane; and Limbury Sidings. Warehousing of this size will be directed away from the inner

urban area to ease traffic issues associated with large warehousing developments Consultation of this nature. Public

Employment Areas (Categories A & B) allocated on the Policies Map and listed for in Appendix 3 and smaller existing B use employment sites not identified, will be protected to retain and deliver jobs in the borough apart from in exceptional Plan

circumstances as set out in Policy LP14 Employment Areas and Sites. Planning Local permission for proposals that would increase and improve tourism and visitor

accommodation will be granted provided that it does not cause an adverse impact Luton on the road network and is in conformity with the policies in the Local Plan. Draft

Employment Areas

Policy LP 14

Employment Areas

Category A Sites

The Existing Employment Areas (Category A) set out in Appendix 3 and shown on the Policies Map and existing unidentified employment sites shall be protected for B1, B2 or B8 uses. Changes of use or redevelopment within the employment areas and sites which would result in a loss of floorspace for economic development uses will be resisted.

Redevelopment, extensions and intensification in these areas that would result in additional floorspace for B1, B2 or B8 uses will be supported provided that:

it would not have unacceptable amenity or traffic implications; and an appropriate size and range of units is provided; and appropriate levels of parking are provided.

Category B Sites

Where a building or site within Category B employment areas has been vacant 45 for a twelve months, alternative uses will be permitted where:

Page 73 of 323 5 . Growing Luton's Economy

Draft It can be demonstrated that suitable alternative accommodation at

Luton comparable rents is available; and It can be demonstrated that it is no longer suitable or viable for B1, B2 or

Local B8 uses and where the site is vacant, there is evidence of active marketing for a reasonable period. Plan for Public Consultation (2011-2031)

46

Page 74 of 323 6 . Housing

6 Housing much needed market homes continue to be built in Luton; Housing Provision the need to meet housing targets but at the same time allow for land (2011-2031) Strategic Objectives to be provided for employment, education, health, retail and other Strategic Objective 2: To utilise Luton’s community facilities in order to Consultation economic, social and environmental ensure a good quality of life for the resources efficiently and sustainably residents of new housing in the long Public within the limited physical land capacity term. for of the borough. Plan Strategic Objective 3: To ensure that new housing delivers an appropriate level Why we have taken the preferred Local policy approach

of provision to meet local requirements Luton in terms of quantum, mix of dwelling types, sizes and tenures that offers local National planning policy requires Draft residents choice of where to live and that Local Plans meet their addresses issues of affordability and objectively assessed development overcrowding. needs and, in the case of housing, that this should be forecast through Key Issues a Strategic Housing Market Assessment (SHMA). The Council 6.1 The key issues that the borough prepared a joint SHMA in 2010 with faces in terms of planning for new homes the other Bedfordshire authorities up to 2031 are as follows: which indicated, that 4,700 new homes would be required in Luton population growth means that Borough between 2007 - 2021 based 19,000 - 32,000 new households will on minimum requirements of the be created in Luton Borough by former Regional Spatial Strategy 2031; (East of England Plan which was the emerging results of the Joint abolished in 2012).The SHMA was SHMA indicates that around 22,000 consequently updated in 2012 to net additional dwellings are required inform the Local Plan preparation in Luton Borough over the plan following publication of the NPPF period; which requires local authorities to there is limited developable land objectively assess housing need. The available for residential SHMA 2012 identified a need for development within the built up 11,000 homes for Luton Borough area meaning that it is only possible based on trend migration. However, to plan for 5,700 new homes within in order to take account of the most the borough; up to date Central Government the need to achieve a level of population and household data affordable housing that addresses released in 2013, the Council is 47 the level of objective housing need, currently undertaking a joint ‘Luton whilst still ensuring that and Central Bedfordshire SHMA’. developments are viable and that This is led by a steering group which includes eight other local authorities Page 75 of 323(Central Bedfordshire Council , North Hertfordshire District Council, Stevenage Borough Council, Bedford 6 . Housing

Draft Borough Council, Milton Keynes The SHLAA methodology follows Council, St Albans City and District national guidance (set out in the Luton Council, Dacorum Borough Council National Planning Policy Framework

Local and Aylesbury Vale District Council). 2012 para 159) in examining what Luton’s objective housing needs are land is available, suitable and viable Plan being reassesed following for housing over a plan period. The

for publication of the 2012 Strategic SHLAA (which also counts

Public Housing Market Assessment. This is completions within the plan period because of revised Government towards any target) sets a 5 year

Consultation population and household housing land supply (plus 5%) and a projections released in the spring of further 15 year trajectory of sites. 2013. Under the 'duty to cooperate' The SHLAA has been informed by; the reassessment will result in the the ‘Call for Sites’ consultation (2011-2031) publication of a refreshed SHMA (summer of 2012) where landowners 2013 which is being coordinated put forward sites as part of the the through a steering group of 8 other local plan Regulation 18 notification neighbouring local authorities. consultation stage; and by further However the Strategic Housing Land capacity work undertaken by the Availability Assessment (SHLAA) Council (e.g. examining brownfield (2013) and Sustainability Appraisal employment, commercial and other (2013) and viability study previously developed land and also demonstrate that there is only a potential green space). The SHLAA limited supply of land in Luton for is evidence to inform local plan new homes without stifling preparation and what allocations development, eroding the Green may be made but must also consider Belt, including other locally evidence via a sites sustainability protected open spaces and appraisal and site viability important nature designations. This assessment which will determine limited capacity also reflects the which sites are appropriate to form need to provide land for other uses part of the 15 year SHLAA trajectory such as employment, education, and, therefore, to include as health and other infrastructure to allocations for housing in the plan. support growth in Luton. The target The provision of new homes in the of new 5,700 homes reflects the Draft Local Plan is therefore phased availability of land for development in accordance with the 5 year supply in the borough, the need to provide and 15 year trajectory informed by a mix of homes to support the SHLAA. Completions and sites sustainable communities and the that are developable now have been objective to provide a choice of included in the first five years of the homes for people at all stages of plan (i.e. 2011 to 2015/16). Those life. sites which are suitable and To ensure that Luton maximises its achievable but are not available now contribution towards meeting its which have a realistic prospect of 48 own housing need, all other sources being built over the 15 year of suitable housing supply have been trajectory, have been phased after considered through strategies for 2016. Based on the initial findings empty homes and encouraging of the SHMA refresh and the SHLAA conversion of vacant town centre capacity work, this describes an office buildings where they arePage 76 of 323unmet need within the Luton housing obsolete for meeting business needs. market area of 21,100 dwellings. 6 . Housing

The SHMA indicates that Central exceptional circumstances where it Bedfordshire Council, North is agreed by the council and a Hertfordshire District Council and to Registered Provider that on site a lesser extent Aylesbury Vale provision is not achievable. (2011-2031) District Council and Dacorum The Council considers that Borough are within the Luton affordable rent homes (homes Housing Market Area. available at 80% of market rent Consultation Given the identified shortfall of levels) meet a range of needs within

housing capacity in the borough, the the sector, including the need for Public

Council has been discussing the social rented affordable homes due for potential of meeting its housing to the availability of Universal needs in other local authority areas Credit/Housing Benefit to tenants Plan

under the Duty to Cooperate and the unable to afford the full rent for an Local NPPF. The Council will work with its affordable rent property).

nearby Local Authorities to agree a Development proposals should be Luton Memorandum of Understanding accompanied by a sustainable letting (MOU) on cross boundary matters scheme to support the use of Draft including the level of Luton’s unmet affordable rent homes in meeting housing requirements that will be the need for social rented housing met in the respective local authority and also to develop and maintain area. balanced communities. Where the number of on-site Affordable Homes affordable homes is low the Council may accept a commuted sum in lieu However, recent Economic Viability of on-site provision of affordable evidence undertaken by independent homes if it is not possible to find a consultants on behalf of the Council Registered Provider to manage the has indicated that it is not on-site affordable homes. The economically viable for developers Council may also consider a different to provide that level of affordable tenure split during negotiations, for housing on every development site example if the number of affordable in the borough from the outset of units on-site is low and there is the plan period. An appraisal of agreement between a Registered development in the borough has Provider and the Council that a found that a requirement for 20% different tenure split is justified. For on-site affordable homes provision very small scale developments, a will be viable for the majority of nominal contribution will be sites regardless of site size and so, required for an affordable housing for the early part of the plan period, contribution. this is set as the minimum requirement for all housing Mix and Size of Homes proposals. As the plan progresses and the market recovers, it will be The mix and size of homes in the possible through this flexible policy borough including provision for older 49 approach to increase the minimum persons accommodation is being on-site requirement. considered in the Joint SHMA. The presumption will be that affordable housing will be provided Quality and Standards on site. However, the Council Page 77 of 323 acknowledges there may be New homes in Luton need to provide a choice of housing for people at all 6 . Housing

Draft stages of life. In order to do so they unrelated people (categorised will need to meet minimum under Class C4 of the Order); Luton standards of design. 2. Large HMOs - those housing

Local Policies LP25 (High Quality Design) more than six unrelated people establishes what design and amenity (categorised under Class 'Sui Plan standards are expected of new and Generis' of the Order).

for converted developments . This The amendment to the Use

Public policy will be applied in conjunction Class Order allows the change with site specific policies in the of use from a dwelling house

Consultation Local Plan, with the space standards (categorised under class C3 of set out in Appendix 6 and with the Order) to a HMO development briefs, masterplans and (categorised under Class C4 of future Supplementary Planning the Order) without the (2011-2031) Documents (SPDs). requirement of planning Policy LP37 (Sustainable Energy) of permission, as class C4 has been Local Plan requires all new included in permitted residential development to meet the development rights. full Code for Sustainable Homes standards or future successive An Article 4 Direction can be put in standards arising from updates to place to remove this permitted Part L of the Building Regulations. development right. This means that Together, these policies ensure that once a Direction comes into force, developments incorporating new planning permission would need to homes will contribute to promoting be obtained to change a dwelling sustainable use of resources and the house to a HMO of either type. principles of good design. Planning permission is already required to change a dwelling house Houses in Multiple Occupation (HMOs) or a small HMO to a large HMO. There is evidence to suggest that There is recognition at both national HMOs are on the increase in Luton and local levels that whilst HMOs particularly in older poorer high make a valuable contribution to the density pre war stock located in and provision of low-cost housing, high around the town centre and concentrations of HMOs can have an adjacent more deprived wards, and adverse effect on the character and that they will continue to increase amenity of existing neighbourhoods. as population increases, affordability The Town and Country Planning (Use worsens and housing land becomes Classes) Order 1987 (as amended in more scarce in the borough over the 2010), defines HMOs as houses that plan period. Therefore the Council are inhabited by three or more will seek to put an Article 4 unrelated people, as their only or Direction in place to ensure that main residence, who share one or HMO proposals require planning more basic amenity (such as a permission to ensure that HMOs do 50 kitchen). Two types of HMOs are not have an adverse effect on the identified: character and amenity of existing neighbours and to enable closer 1. Small HMOs - those housing monitoring of HMOs in the borough. between three and six Page 78 of 323 6 . Housing

Gypsies, Travellers and Travelling (to accord with national guidance) Showpeople and 1 traveller show person plot. This level of need if confirmed will Government guidance indicates that require additional provision. A (2011-2031) councils should assess and meet separate consultation will be held Gypsy, Traveller and Travelling in spring 2014 to identify and assess Showpeople’s (GTTS) housing needs potential sites. However, this work Consultation in the same way as other housing to identify potential sites, may be needs, including providing land for integrated back within this draft Public sites. Without adequate sites this Local Plan for consultation should for group has to resort to unauthorised this work progress sufficiently in sites which may result in problems time for the consultation. Plan with local communities. It also

A criteria-based policy is required Local makes it more difficult for them to to ensure that existing GTTS sites

access local services and facilities. are safeguarded for that use and Luton A Gypsy and Travellers that the provision of accommodation Accommodation Assessment (GTAA) for Gypsies, travellers and travelling Draft was undertaken in 2006 and a review show people is located in a of this assessment is currently sustainable manner. In applying the underway to establish the need for policy, the extent to which a gypsy, traveller and travelling traditional lifestyle and a settled showpeople accommodation in the base can contribute to sustainable borough. Sufficient sites to development will be considered. The accommodate any required pitches location of new pitches must enable (if any are needed), identified the residents to access services through the study would need to be including schools and health allocated through the Local Plan or facilities in the same way that an Allocations Development Plan residents of new houses need to be Document (DPD). As the results of able to access community facilities. the GTAA are yet to be completed, In addition Gypsy and Traveller sites sites have not been proposed in this need good access to the road draft of the Plan. Initial study results network as they often need to move identify a potential need for 15 G&T larger vehicles as part of their pitches over 15 years, a transit site livelihood and way of life.

Policy LP 15

Housing Provision

At least 5,700 dwellings will be provided in the borough to help meet the housing requirements of the Luton housing market area.

The housing target will be met through the following sources of land supply: 51

Historic completions 2011/12 - 2012/13 (841 dwellings) Existing permissions on sites delivering less than 10 homes (325 dwellings)

Page 79 of 323 6 . Housing

Draft Specific, identified sites with a realistic prospect of delivering at least 10

Luton homes (3,059 dwellings) Housing allocations including land at Power Court, Napier Park, High Town

Local and the Creative Quarter (1,783 dwellings)

Plan Housing allocations are set out in appendix 4. Planning permission will be granted

for for residential development and enabling uses on allocated sites. Public Planning permission for residential development will also be granted on sites not

Consultation allocated for housing provided that it would not lead to a loss of useful employment land or other uses for which there is a recognised local need.

Demolition and redevelopment of existing housing to other uses will be permitted

(2011-2031) provided that replacement dwellings are provided on site or off site or there is an overriding need for other uses which provides benefits to the community which outweighs the loss of housing.

Higher densities will be encouraged within Luton Town Centre and the district and neighbourhood centres. New housing should not result in over-intensification of the site.

Development will achieve a mix of different housing sizes, types and tenures informed by the latest housing market assessments.

Affordable Housing

Policy LP 16

Affordable Housing

The Council will require the provision of 20% affordable housing units OR the equivalent financial contribution towards off-site provision on all schemes that deliver a net gain of dwellings. On sites of less than 10 dwellings a financial contribution in lieu of on-site provision will be accepted.

Affordable housing should be provided on-site phased alongside market housing, indiscernible from and well integrated with market housing, unless off-site provision would better meet priority housing needs and support the creation of inclusive and mixed communities. 52 Development proposals will need to ensure that the size, type and tenure of affordable dwellings provided reflects the identified housing need requirements of the area in the Strategic Housing Market Assessment (SHMA), including for future household types.

If this level of affordable housing would render the proposal economically unviable Page 80 of 323 developers will be expected to produce a financial assessment that clearly 6 . Housing

demonstrates the maximum number of affordable dwellings that can be achieved on-site, off-site or as a commuted sum.

The Council will require that affordable housing be occupied by households who (2011-2031) would not otherwise be able to afford to rent or buy a dwelling of sufficient size for their needs on the open market, and who either:

i. already live in the borough and are in housing need (as identified on the Consultation housing waiting list), or Public ii. can demonstrate a need to live in the borough. for

Unless the affordable housing is to be low-cost market housing, an intermediate Plan tenure or is to be managed by a registered provider. Local Luton Draft Houses in Multiple Occupation

Policy LP 17

Houses in Multiple Occupation

The sub-division of an existing dwelling to create a HMO or the development of a new HMO accommodation will be permitted provided that:

the proposal, or cumulative impact of the proposal with other similar proposals, would not adversely affect the character of the area, particularly in conservation areas; and the accommodation units conform to the space standards and design requirements as set out in Local Plan Policy LP25 (High Quality Design) and in Appendix 6; and appropriate outdoor amenity space, bin storage and parking provision are provided.

Proposals for student halls of residence will be permitted provided that the criteria above are met and the proposals:

are either within 1 km of the university or college building which they are primarily intended to serve, or are close to established public transport routes leading to the relevant university or college building; and would not have a significant adverse impact on the amenity of adjacent residents or businesses. 53

Older People's Housing

Page 81 of 323 6 . Housing Draft

Luton Policy LP 18

Local Older People's Housing

Plan The development of new accommodation designed specifically for older people should: for

Public offer easy access to community facilities, services and frequent public transport; or, where a site is not within easy access to community facilities, Consultation services and frequent public transport, services should be provided on-site; be well-integrated with the wider neighbourhood; and provide sufficient car parking for visitors and residents (in compliance with

(2011-2031) Appendix 2); and where appropriate, provide choice of tenures.

Permission will be granted for improvements to existing older people's housing where:

the measures proposed assist people in staying in their existing homes, for example through physical adaptations and energy efficiency enhancements; and alterations to the external appearance do not harm the character of the surrounding area.

Extensions to Dwellings and Annexes

Policy LP 19

Extensions to Dwellings and Annexes

Planning permission will be granted to extend a dwelling provided that:

The scale, mass, layout, design and external materials, are consistent with and proportionate to the principal dwelling, surrounding properties, streetscape and character of the area; Proposals should ensure that the extension is of ancillary scale to the original / principal building; 54 Ensure that an extension has a roof style and pitch which is in keeping with the original roof; The proposed extension does not adversely affect the amenity of nearby occupiers, in respect of visual intrusion, privacy or overlooking particularly where there is affect on a habitable room (bedroom, kitchen, living room, etc.); Page 82 of 323 6 . Housing

The extension should respect prevailing gaps and spaces between buildings, provision for services (e.g. Waste collection) and existing patterns of development, especially in areas which are spacious in character; (2011-2031) If incorporating an original or innovative design element, ensure that this will not look out of keeping with the existing design and character of the building and surrounding buildings; Consultation Self Contained Annexes and Extensions Public The provision of self-contained annexes to accommodate dependent relatives for will be permitted, provided that: Plan a functional link between the principal dwelling and the annex or extension can be demonstrated such as a relationship of the occupants of the principal Local dwelling and the annex; Luton adequate car parking spaces are provided for both the residents of the annex

or extension and the principal dwelling in accordance with Policy LP32; Draft there is no boundary demarcation or sub-division of garden areas between the principal dwelling and the annexe or extension; and the annex or extension conforms to the space standards and design requirements as set out in Local Plan Policy LP25 (High Quality Design); Where an annex is detached from the original dwelling it must in every respect be ancillary to the principal dwelling in terms of its size and facilities.

Gypsies, Travellers & Travelling Showpeople

Policy LP 20

Gypsies, Travellers & Travelling Showpeople

The existing Gypsy and Traveller site at St Thomas' Road and traveller show person site at 14 Wigmore Lane is safeguarded for these purposes (as identified on the policies map).

Gypsy and Traveller and Travelling Showpeople pitches will be permitted or allocated in accordance with current government policy to meet the needs identified in the Gypsies and Travellers Accommodation Assessments updated as necessary. 55 Planning permission will be granted for permanent or transit Gypsy/ Traveller provision where the following criteria can be met:

the site has reasonable access to shops, schools and other facilities; and the site has adequate road access and is well related to the primary road network; and Page 83 of 323 6 . Housing

Draft the site is on previously developed or underused land and is not allocated

Luton for another use; and hardstanding and basic facilities, including electricity, water supplies, sewage

Local disposal and waste collection, are provided on site; there would be no unacceptable effect on the environment; and Plan in the case of Travelling Showpeople sites, the site includes sufficient space

for for storage and maintenance of equipment and the parking and manoeuvring Public of all vehicles associated with the occupiers. Consultation (2011-2031)

56

Page 84 of 323 7 . Luton Town Centre & District & Neighbourhood Centres

7 Luton Town Centre & define a network and hierarchy of centres resilient to anticipated District & Neighbourhood future economic changes; Centres define the extent of town centres (2011-2031) and primary shopping areas, based on a clear definition of primary and secondary frontages in designated Consultation Luton Town Centre & Neighbourhood centres; and District Centres

create policies that define which Public

Strategic Objectives uses will be permitted within these for locations; Plan 7.1 Strategic Objective 4: To establish allocate suitable sites that meet the an effective network and hierarchy of scale and type of required town Local town, district and neighbourhood centres centre uses and if necessary expand to serve as the heart of local town centres to ensure a sufficient Luton communities and improve health through supply of sites; Draft improved access by train, bus, waling set policies for town centre uses that and cycling to a mix of uses including cannot be accommodated in or next shopping, services and jobs. to town centres.

7.2 Strategic Objective 6: Reduce Local Situation social, economic and environmental deprivation, particularly where it is 7.5 To help evaluate Luton's needs against the criteria set out above a retail spatially concentrated, by taking priority (6) measures to reduce unemployment, study was commissioned . Within this improve skills and education and renew report Luton is defined as a regional housing, community and environmental shopping centre. This research revealed conditions. that:

7.3 Strategic Objective 8: Improve most food and drink shopping trips accessibility, connectivity, sustainability are kept within Luton, with and ease of movement to, from and Dunstable stores offering some within the borough. competition; specifically, Luton could increase its National Policy market share due to expected increases in expenditure, over 7.4 The NPPF has replaced all previous trading of some existing stores and policy statements and guides. The in order to help provide choice and principle of the Town Centre as the competition. A larger food store preferred place for shopping, business within the Town Centre would act and leisure remains a key principle of as an anchor for linked shopping planning guidance. This serves the dual trips and attract greater numbers of purpose of strengthening town centres visitors to the Town Centre; while ensuring good access to jobs and for non-food shopping (comparison 57 facilities by public transport, walking and goods) there is scope to increase the cycling. The NPPF also requires planning market share by around 4% to authorities to: recover leaked shopping trips to

Page 85 of 323

6 The Luton Retail Study Refresh December 2012 7 . Luton Town Centre & District & Neighbourhood Centres

Draft regional competitors such as Milton allocation for a foodstore at Birsdfoot Keynes and Watford; Lane (South) will support the strategic Luton the number of evening trips to Luton upgrading of this centre to

Local Town Centre for leisure/retail Neighbourhood Centre status. purposes are relatively low; Plan the majority of the existing District Comparison Floor Space*

for and Local Centres are serving their 2012 2017 2021 2026 2031 Public local communities well and complement the Town Centre. Some 12,201 17,489 31,115 (1) Consultation have the potential to accommodate 47,598 more community uses; There is scope for the establishment 1. *These figures are not cumulative of an additional new Neighbourhood

(2011-2031) 7.9 The above floor space will cater Centres at Chaul End Lane or Dalow for the provision of large, modern shop Road based on areas of search with units in order to attract quality national proximity to local facilities and retailers who would move to the Town, communities in those areas. given suitable premises. The primary Retail Strategy location for the identified floor space up to 2017 will be Power Court. 7.6 The Retail Study identified the floorspace need outlined below, and 7.10 When considering edge of centre directed its distribution to Power Court and out of centre sites preference will and the Creative Quarter within the Town be given to sites that are or will be Centre and to Marsh Farm District Centre connected to the nearest centre. To in line with the sequential approach set facilitate this it is expected that both out in paragraph 24 of the NPPF. This applicants and the Council will be will serve to further reinforce the flexible on issues such as format or scale. network of the Town Centre and District, Centre Hierarchy Neighbourhood and Local Centres across the borough. 7.11 The borough's centres as defined on the Policies Map will be the focus for 7.7 The existing network of District town centre uses and will promote a and Local Centres will be redefined in network of mixed use centres, which light of the suggested hierarchy within promote linked trips to local shops and the Retail Study. services via public transport, walking and cycling. Acceptable uses in the centres Convenience Floor Space* include retail, leisure, entertainment (including the night time economy) 2012 2017 2021 2026 2031 community facilities, public space, 3,702 5,204 6,315 7,401 8,368 offices, arts and tourism. Residential development will be encouraged in town, 58 7.8 For qualitative reasons the food district and neighbourhood centres floor space required up to 2012 will be provided that it would promote the provided at Power Court. A further 1,000 vitality and viability of the respective sq m will be provided at Marsh Farm centre (see policy LP15 Housing District Centre as part of a Provision). Each centre will be developed to promote its unique identity and the comprehensive redevelopment of thePage 86 of 323 Marsh Farm Central Area. A modest overall retail hierarchy adhered to. 7 . Luton Town Centre & District & Neighbourhood Centres

Policy LP 21

Centre Hierarchy (2011-2031)

The centre hierarchy is as follows:

Town Centre: Luton Town Centre Consultation District Centres: Bury Park; Marsh Road; Marsh Farm; Wigmore; Stopsley Public Neighbourhood Centres: Farley; High Town; Round Green; Lewsey; Bushmead; for Sundon Park; Bramingham; Hockwell Ring; Biscot Road; Calverton Road;m

Birdsfoot Lane South Plan Potential for new Neighbourhood Centre at Chaul End Lane or Dallow Road Local

Proposals for retail, leisure and other main town centre uses, as defined in the Luton NPPF, will be subject to a sequential test. This requires main town centre uses

to be located within town centres, then edge of centre locations and then, only Draft if suitable sequentially preferable sites are not available, in out-of-centre locations. Applications for retail, leisure and office development over 2,500 sqm located outside of town centres, not in accordance with this Local Plan, are required to submit an impact assessment, as defined in the NPPF, to the Council.

The Council will grant planning permission for retail development, provided it is demonstrated that:

individually or cumulatively with other retail proposals, net additional convenience and comparison floor space in the borough would not significantly exceed the identified quantitative need over the plan period; and retail proposals meet the sequential test; and the vitality and viability of the town centre, District and Neighbourhood centres in the borough would not be adversely affected by the development either on its own or in combination with other proposals or commitments.

Primary and Secondary Shopping Areas and Frontages

Policy LP 22

Primary and Secondary Shopping Areas and Frontages The Luton Town Centre Shopping Area, premier, primary and secondary shopping 59 frontages are defined for Luton Town Centre on the Policies Map.

Primary and secondary shopping frontages as defined by the frontages on the Policies Map are the prime focus for:-

convenience retail; and Page 87 of 323 7 . Luton Town Centre & District & Neighbourhood Centres

Draft comparison (non bulky) retail floor space; and

Luton other town centre uses as defined in the NPPF, which promote jobs, leisure and the night time economy. Local Within the premier, primary and secondary shopping frontages of the town centre Plan shopping area, identified on the Policies Map, planning permission will be granted

for for the development of non-A1 town centre uses provided that the premises are:- Public above ground floor level in the primary shopping area; or

Consultation at ground floor level in the primary shopping area, and the proposed use will not result in:

more than 10% of the relevant premier shopping frontage being in non-A1

(2011-2031) use; more than 25% of the relevant primary shopping frontage being in non-A1use; and more than two adjacent units (of not greater than the normal frontage width) being in non-A1 retail use; the proposal does not affect an A1 use in part or whole where there are vacant non-A1 units within the same frontage;

in the secondary shopping area, and the proposed use will not result in more than 50% of the identified frontage being in non-A1 use.

District and Neighbourhood Shopping Areas and Shopping Parades

Policy LP 23

District & Neighbourhood Areas & Shopping Parades

The Council will approve planning applications which help to deliver and reinforce a network of mixed use District and Neighbourhood centres (which promote linked trips to local shops and services via public transport, walking and cycling) according to the centre hierarchy.

Planning permission will normally be granted for the development of town centre uses which: 60 strengthens the functional role, vitality and viability of the centre; and increase the mix of uses in the area; and maintains A1 retail on 75% of the shopping frontage; and provide no more than two adjacent non A1 units; and provide a service principally to visiting members of the public; and Page 88 of 323 7 . Luton Town Centre & District & Neighbourhood Centres

retain existing window displays above ground level; and proposes a flexible use of spaces to optimise the use of land and buildings for shared services and facilities. (2011-2031)

Shopping Parades

In existing small shopping parades planning permission will be granted for Consultation developments that:

retain existing shops selling convenience goods; Public for propose convenience retail (A1); propose non A1 uses provided that a minimum of 75% shopping frontage Plan remains in A1 use; Local propose a service to visiting members of the community provided that the

traffic generated is appropriate for the site; Luton maintain a shop front or an equally active frontage. Draft Loss of A1 facilities will be permitted where:

there are equivalent alternative shopping facilities within a convenient walking distance of the catchment area of the existing shop; or the existing use is demonstrably no longer viable.

61

Page 89 of 323 8 . Community and Education Facilities

Draft 8 Community and Education 1. there isn't enough suitable land of the right size and location Luton Facilities (particularly green field land);

Local 2. development tends not to be viable Community and Education within Luton on brownfield land and Plan Facilities so there is likely to be insufficient

for investment from developer Strategic Objectives

Public contributions towards much needed new or improved facilities; and 8.1 Strategic Objective 2: To utilise Consultation Luton’s economic, social and 3. public investment in future environmental resources efficiently and provision, maintenance and running sustainably within the limited physical of existing schools and community land capacity of the borough. facilities is being restricted because (2011-2031) of spending cuts and changes in 8.2 Strategic Objective 4: To establish national policy such that there is a an effective network and hierarchy of need to prioritise spending. This town, district and neighbourhood centres means that more efficiencies will be to serve as the heart of local needed through rationalising and, communities and improve health through making more effective use of schools improved access by train, bus, waling and services (e.g. Shared use of and cycling to a mix of uses including libraries and community centres), shopping, services and jobs. although in some cases facilities may be lost to local communities (unless 8.3 Strategic Objective 7: To enable and until economic recovery and new community and educational facilities Government finances improve over to be delivered and expanded to meet the plan period). the needs of a growing and diverse borough. Additional capacity is needed for the equivalent of a 11 form entry Key Issues Secondary School over the next 5 years and further high school places 8.4 The borough faces the following over the plan period in central and issues involving planning for education southern Luton; and community services up to 2031:- Additional capacity is needed for the equivalent of a 2 form Primary The need to serve the social, School in the short term, south of community safety, learning and the borough to help meet demand leisure needs of a growing Luton arising from significant new housing population within urban area (which over the plan period; is high density in some places Whilst capacity may exist to expand comparable to London boroughs). some schools within the town (e.g. This will increase demand upon though innovative solutions looking existing schools and community at build density, hight and options facilities, many of which are already 62 for shared facilities, similar to at or exceed their designed approaches within inner London capacity, with limited opportunities Boroughs), given new government to accommodate new facilities policy for schools, there are risks because:- and uncertainty about the ability of Page 90 of 323the authority to manage and agree this strategy within the existing 8 . Community and Education Facilities portfolio of schools and capital spaces as well as facilities for sport, budgets. Therefore, there will be a play, formal and informal leisure and full corporate review of the models worship because these are critical of education delivery looking at to the health and wellbeing of the (2011-2031) public and private land assets and town's communities and for visitors the various options for addressing and they help to promote the this demand. The outcomes from cultural diversity and cohesiveness Consultation this review will be fed into the next of Luton and its reputation as a version of the plan; place to stay and do business or be Public entertained. In the interim to cover primary for education needs, this plan proposes The recycling of land and buildings an allocation of a two form entry to establish facilities which meet Plan

primary school on former tennis community needs including culture, Local courts south of the Brache (accessed worship, education and leisure, will

via the junction of Park road and have to be sensitive to the safety Luton Osbourne Road) but this is subject and amenity of users, adjacent to the outcome of the corporate residents and occupiers and the Draft review. Part of this site has character of each location. ecological value which will restrict its development potential and so it Why we have taken the preferred will not be possible to provide policy approach playing fields as part of the development. A review of this site 8.5 National Planning Policy Guidance will include options for (NPPF) published in March 2012 urges:- accommodating this playing field use That planning policies reduce the elsewhere in the proximity of the need to travel by balancing land uses school; for employment, shopping, leisure, There is a need to reduce costs and education and other activities within adapt and make more efficient use their area (NPPF para 37) of existing community services to Large scale residential development meet modern provider expectations should provide opportunities for (e.g. Ambulance, Fire and Rescue, living and working on site and Police, Primary and Secondary activities for daily linked trips (e.g. Healthcare, GPs, Dentist surgeries), key facilities such as primary schools and corporate service objectives via and local shops should be located integrated and shared facilities (e.g. within walking distance of most Libraries, Leisure and Community properties (NPPF page x, para 38) Centres, Swimming Pools, children's Sufficient choice of school places to play facilities). meet needs though joined up The need to collocate shared social working with services and applicants and health support services, schools (e.g. give great weight to the need and community facilities with new to create, expand or alter schools infrastructure based on an accessible (NPPF para 72) network of District and 63 Smarter working between Neighbourhood Centres, distributed authorities, services and providers across the borough. to assess the quality and capacity of In the face of pressure for housing infrastructure (e.g. transport, water development, it will be important supply, energy utilities, waste, that Luton has the evidence toPage 91 of 323 health, social care, education, flood retain its attractions and green 8 . Community and Education Facilities

Draft risk) to meet forecast demands is higher over the plan period. including strategic infrastructure and Whilst capacity may exist to expand Luton nationally significant infrastructure several secondary schools within the

Local (NPPF para 162) town (e.g. though innovative High quality communications solutions similar to approaches Plan infrastructure e.g. Broadband is within inner London boroughs), there

for essential for sustainable economic is uncertainty as to the risks

Public growth and in enhancing the associated with this approach. provision of local community The corporate review will examine

Consultation facilities and services (NPPF para the various options for addressing 43) this demand. The outcomes from Sustainable communities, though this review will be fed into the next planning positively for shared space, version of the plan. In the interim (2011-2031) retention and integration of social the draft Local Plan proposes the and community facilities with allocation of an additional 2-form housing to allow communities to met entry primary school on the former their needs (e.g. local shops, tennis court site near the Brache meeting places, sports venues, subject to this corporate review to cultural buildings, public houses and help address the demand from places of worship) (NPPF para 70) development at Napier Park. An expanding University with a Evidence base modernised new and enhanced campus and leisure offer in the town Luton's growing population is centre characterised by a younger Barnfield College and other colleges population profile than the regional present in the town are rationalising average, leading to significant their portfolios and there are natural increase with more births opportunities for consolidation in and fewer deaths and a rising school and around the town centre and age population and demand for 'Creative Quarter' childcare facilities and school places Luton's population is also ageing and and in particular primary school facing an increase in single person places households in line with national Additional capacity is needed for at trends, however, migration, ethnic least the equivalent of a 2-form mix and cultural expectations also entry primary school, in the short lead to larger family size and term, in the school catchments extended families (e.g. caring for south or east of the town close to elderly grandparents) with increased the town centre. Additional capacity sharing characteristics (e.g. 'granny is also needed for at least the annexes', loft conversions, houses in equivalent of an 11-form entry multiple occupation etc) secondary school over the next 5 Language barriers, lower skills and years and further high school places wages attained by many in the 64 over the plan period in central and resident workforce (including southern Luton: Schools sites women, carers and parents wishing Capacity Survey 2012 to return to work), have increased However, capacity is being the incidence of social deprivation re-assessed via a corporate review in some Luton wards which increases Page 92 of 323 of schools capacity to consider reliance on public support services whether the scale of education need such as childcare and healthcare, 8 . Community and Education Facilities

social services and emergency and specialist health care facilities community safety although it is developing its strategy A recent evidence study suggests for decentralising certain outpatient that providers prefer ‘integrated clinics into the wider community (2011-2031) service delivery’ and ‘community Playing Pitch and Outdoor Sport hubs’ as an efficient means of Facilities Strategy is being developed meeting community infrastructure in partnership with sport England Consultation needs: ‘Existing and Future Social and will report in Spring 2014

and Community Infrastructure Needs Luton Green Spaces Strategy being Public

for the Luton and South Bedfordshire developed in partnership with the for Area’ undertaken by UCL & Colin Green Sand Trust will report at the Buchanan in Aug 2008 end of 2013 Plan

Luton and Dunstable Hospital Local provides the major general and Luton

Policy LP 24 Draft

Community and Education Facilities

Protection of community and education facilities

Planning permission will be granted for development which contributes towards an identified need for community facilities and services arising from the impact of the development either on site or off site within service hubs based in District of Neighbourhood Centres. Development which would unavoidably lead to a loss of community facilities will be permitted where:

it is shown that there is no need or anticipated need for its use as any type of community facility; or it is unsuitable for alternative community uses for which there is a demonstrable need; or adequate and appropriate facilities are provided in a suitable alternative location; or the facilities currently provided can be fully retained, enhanced or reinstated as part of the development of the site.

New and extended community and education facilities

Provision for the equivalent capacity for a primary school now and and secondary school over the plan period will be supported and subject to a review by the Education Service, this will include any scope for an expansion of existing schools though innovative design and density, opportunities for shared facilities including multi storey facilities and a potential allocation on former tennis courts south of 65 the Brache (as identified on the policies map).

New and extended community facilities will be granted planning permission provided that:

a demonstrable local or regionalPageneed 93 ofis 323established, and the facility is well related to the area it serves; and 8 . Community and Education Facilities

Draft it would not adversely affect the viability and vitality of a shopping centre;

Luton and there would be no unacceptable effect on the amenity of any surrounding

Local residential dwellings and other uses; and it does not take land either in or allocated for other uses, unless it is Plan demonstrated that the need for the facility outweighs that for the existing

for or allocated use. Public Integrating Facilities Consultation Increased local and integrated service delivery will be supported in conjunction with local communities, (unless such use would have an adverse impact on the delivery of the educational service or adverse impact on the character of the (2011-2031) area or amenity of nearby residents / properties) particularly:

flexible multi-use buildings in public and community ownership; co-location of sports centres and playing pitches with schools; agreements to use schools and other public buildings for community use; co-location of doctor, dentist and pharmacy facilities; and to share and integrate police, fire and ambulance facilities.

Childcare facilities

Proposals for new and extended nurseries and other childcare facilities will be granted planning permission provided that:

there is no excessive adverse impact on the amenity of nearby residential properties and other uses; and where the proposed facility would be in premises that are used for another purpose, it remains subordinate to the main use of the premises; and there is suitable vehicular access and safe dropping off and picking up areas.

66

Page 94 of 323 9 . High Quality Design

9 High Quality Design Strategic Objective 11: To safeguard and ensure the prudent use of natural High Quality Design resources, increase energy and water efficiency and encourage and promote (2011-2031) Strategic Objectives the use of renewable energy sources to help adapt to climate change, and Strategic Objective 2: To utilise Luton’s manage pollution and natural hazards, Consultation economic, social and environmental avoid inappropriate development in areas resources efficiently and sustainably at risk of flooding, secure improvements Public within the limited physical land capacity in air and water quality and ensure for of the borough. effective waste management. Plan Strategic Objective 3: To ensure that 9.1 National Planning Policy says that: new housing delivers an appropriate level Local planning should always seek to

of provision to meet local requirements Luton in terms of quantum, mix of dwelling secure high quality design and a type, size and tenure offering local good standard of amenity for all Draft residents choice of where to live and existing and future occupants of land addresses issues of affordability and and buildings; overcrowding, good design is a key aspect of sustainable development and is Strategic Objective 4: To establish an indivisible from good planning, and effective network and hierarchy of town, should contribute positively to district and neighbourhood centres to making places better for people; serve as the heart of local communities local plans should develop robust and improve health through improved and comprehensive policies that set access by train, bus, waling and cycling out the quality of development that to a mix of uses including shopping, will be expected for the area; services and jobs. local planning authorities should consider using design codes where Strategic Objective 5: To improve the they could help deliver high quality built and natural environment to deliver outcomes. quality places, through high quality design policies should avoid design and sustainability taking into unnecessary prescription or detail account the character and setting of the and should concentrate on guiding neighbourhoods, including historic assets the overall scale, density, massing, and seeking safe environments which height, landscape, layout, materials help to reduce crime and the fear of and access of new development in crime. relation to neighbouring buildings Strategic Objective 8: Improve and the local area more generally; accessibility, connectivity, sustainability planning policies and decisions and ease of movement to, from and should address the connections within the borough. between people and places and the integration of new development into 67 Strategic Objective 10: Improve the the natural, built and historic quality and accessibility of green space environment. and nature, whilst protecting and local planning authorities should enhancing biodiversity. have local design review Page 95 of 323arrangements in place to provide 9 . High Quality Design

Draft assessment and support to ensure in creating healthy, inclusive high standards of design; communities and that planning policies Luton early engagement on design and decisions should aim to achieve

Local produces the greatest benefits; places which promote: in assessing applications, local Plan planning authorities should have opportunities for meetings between members of the community who for regard to the recommendations from might not otherwise come into Public the design review panel. in determining applications, great contact with each other, including through mixed-use developments, Consultation weight should be given to outstanding or innovative designs strong neighbourhood centres and which help raise the standard of active street frontages which bring design more generally in the area. together those who work, live and

(2011-2031) play in the vicinity; permission should be refused for development of poor design that safe and accessible environments fails to take the opportunities where crime and disorder, and the available for improving the character fear of crime, do not undermine and quality of an area and the way quality of life or community it functions. cohesion; and local planning authorities should not safe and accessible developments, refuse planning permission for containing clear and legible buildings or infrastructure which pedestrian routes, and high quality promote high levels of sustainability public space, which encourage the because of concerns about active and continual use of public incompatibility with an existing areas. townscape, if those concerns have 9.3 The proposed design policies been mitigated by good design reflect the Government's approach and (unless the concern relates to a the Council recognises the very important designated heritage asset and the role design plays in developing impact would cause material harm sustainable communities including to the asset or its setting which is attracting investment to the borough. not outweighed by the proposal’s economic, social and environmental 9.4 Land within the borough is a finite benefits). resource and the Council will seek to Poorly placed advertisements can ensure that it is developed efficiently to have a negative impact on the meet demand and local community appearance of the built and natural needs. Using density as a measurement environment. Control over outdoor does not adequately address issues of advertisements should be efficient, character and context therefore effective and simple in concept and development must also have regard to operation. Only those plot ratio, development mix, scale and advertisements which will clearly form to help identify spaciousness as a 68 have an appreciable impact on a reflection of character. The future building or on their surroundings application of development densities also should be subject to the local needs to be informed by securing planning authority’s detailed adequate internal and external space, assessment. privacy, sunlight and daylight, which Page 96 ofbecomes 323 increasingly important as 9.2 The NPPF also highlights the densities increase. The Council will important role planning and design play 9 . High Quality Design require new developments to Lifetime Home standards, having regard demonstrate that all housing has to the viability of the proposal. acceptable private space, privacy, daylight and sunlight having regard to 9.5 Further consideration will be given (2011-2031) the requirements of future occupiers, to the need and appropriateness of site specific circumstances and the producing a Supplementary Planning character of the locality. The Council Document for the design of residential Consultation will encourage developers to meet development and including internal and external space standards. Public for

Policy LP 25 Plan

High Quality Design Local

Buildings and spaces will be of high quality design, with distinctive character and Luton

be safe and easily accessed by all members of the community. Proposals will need Draft to demonstrate adherence to the principles of urban design and sustainability to help create quality places in the borough.

In particular, where the following design criteria are material to application site, its context and development proposals, provision should be made to:

Enhance the distinctiveness and character of the area by responding positively to the townscape and site context (form, scale, height, building lines, openings, decorative elements and materials,) roofscape and landscape (natural features, existing trees, green spaces and features of merit, landform, species, spaciousness and materials); Create or enhance open public spaces / public realm which have pedestrian priority, and are uncluttered safe accessible for all members of the community at all times. These spaces should have attractive landscape and hardscape, and be enclosed by appropriate frontages and elevations and aligned by active edges; Provide continuity of built form, a sense of enclosure with active frontages on the street and connectivity to the surrounding areas; Corner buildings should address the streets they front and emphasise their role in the streetscene through an appropriate form and design (for example chamfered corners; decorative elements and openings); Optimise and improve connections to public transport, local services, community facilities, jobs and shops and the surrounding areas and improve the walkability of the area;

Optimise the potential of sites to accommodate development proposing higher densities whilst meeting the other requirements of this policy; 69 Provide green infrastructure and measures to protect, conserve or enhance biodiversity, including landscaping, open spaces, greenways, and trees within the public realm; Materials are of a good quality, weather resilient; Page 97 of 323 9 . High Quality Design

Draft Be adaptable to change of uses and flexible to accommodate changing living

Luton and working requirements of all the members of the community; Integrate proposals into the scheme which reduce carbon emissions and

Local increase energy and water efficiency (including but not limited to scheme orientation, materials, collection and re-use of rainfall / grey water and Plan permeable pavement). for

Public To ensure a safe and secure environment, development proposals will ensure that: Consultation Public areas are overlooked at different times of the day; Main entrances are located on front elevations readily visible from the street or other public spaces; (2011-2031) Streets paths and car parks are well lit and overlooked; Elevations, landscaping and planting do not create dark or secluded areas; Activity on the ground floor is visible from the street where appropriate; Public and private spaces are clearly differentiated; Public spaces are designed to prevent littering and 'fly-tipping'.

New housing will be required to secure adequate internal and external space in line with the space standards set out in Appendix 6, including storage, and appropriate level of sunlight and daylight to ensure a good quality of living while maintaining privacy.

The Council will use a Design Review Panel to review major development proposals where appropriate and will take into consideration its recommendations when considering applications.

Supplementary guidance through SPDs and Development Briefs on high quality design will be produced to expand and complement the principles established in this Plan.

Public Art

The Council will support proposals for the installation of temporary and permanent public art; provided it is considered appropriate in terms of the message it conveys, the scale and its impact on the surroundings properties and uses. The Council will encourage the provision of public art as an integral part of development proposals where appropriate.

70 Advertisements and Signage

Policy LP 26

Advertisements and Signage Page 98 of 323 Consent will be given for advertisements, signage and displays which do not: 9 . High Quality Design

adversely affect the character or appearance of the building or area; or hinder the view of a valued landscape, or feature; or cover important decorative features of a historic building; or (2011-2031) include internally illuminated proposals within a Conservation Area; or result in proposals that are out of keeping in their setting in terms of size, design, illumination, materials, or colour; or

have an adverse effect on traffic safety, including pedestrian safety and Consultation convenience. Public

Advertisement consent for hoardings around development sites will only be granted for

for a limited period. Plan Local Luton Draft

71

Page 99 of 323 10 . Natural & Historic Environment

Draft 10 Natural & Historic

Luton Environment Key Issues:

Local Natural & Historic Environment The population of the town will grow

Plan by 69,200 people over the plan Strategic Objectives period – this will increase the for demand placed on Luton’s limited,

Public Strategic Objective 5: To improve the and in some communities deficient, built and natural environment to deliver supply of green space and wildlife Consultation quality places, through high quality habitats and also upon local heritage sustainable design and taking into and valued landscapes of national account the landscape, character and and local importance. setting of the neighbourhoods, including

(2011-2031) Future development will natural historic assets and seeking safe consequently, need to protect and environments which help to reduce crime enhance (and where feasible and the fear of crime. increase) the limited supply of green Strategic Objective 10: Improve the space and green infrastructure quality and accessibility of green space networks within the borough in order and nature, whilst protecting and to remedy deficiencies (e.g. in areas enhancing biodiversity. of deficiency) and achieve local standards to make publicly 10.1 The objectives above reflect the accessible open space assets integrated aspirations of the borough to available to all Luton residents as deliver quality places through high the population grows significantly quality design and sustainable over the next 20 years. development that will enhance and A need to ensure that green protect the natural and built infrastructure networks of quality environment and the amenities of its green space continue to contribute residents. This includes protection of the towards improving the quality of town’s important natural and built assets life, health and recreation as well as bringing such assets back into opportunities for Luton’s existing productive use in sympathetic and and future residents and visitors as appropriate ways through conservation well as make important and enhancement measures for built contributions to conserving wildlife heritage, valued landscapes, green and plant habitats to promote spaces, important wildlife habitats and bio-diversity across Luton at a geological sites. strategic and landscape level. A need to protect the most 10.2 In particular, objective 5 is important green space (including founded on national legislation which through any designations of Local requires local planning authorities to Green Space as defined in the NPPF) recognise heritage and habitat assets as and only in exceptional 72 irreplaceable resources and to set out circumstances allow losses arising positive strategies for their conservation from development. and enjoyment. A need to ensure that development delivers necessary quantity and quality of green space including on Page 100 of 323and off site provision, replacement 10 . Natural & Historic Environment facilities, commuted sum, conserves the key heritage features management costs. and qualities of the asset for future Ensure the statutory protection of generations. This is through designated wildlife and geology encouraging development that (2011-2031) while seeking net additional makes a positive contribution to contributions to the stock of local character and distinctiveness biodiversity and plant and animal and which is sensitive to its context. Consultation habitats. Ensuring appraisals are produced for

Trees (including those protected by each of the borough’s five Public

Tree Preservation Orders) and Conservation Areas and to review for hedgerows also act as strategic other areas for potential wildlife corridors and havens designation. Plan

harbouring many diverse plant and To maintain and review Luton’s Local animal species which need Local List of Heritage Assets to protection but also provide many ensure important local Luton environmental amenity benefits non-designated assets are valued (e.g. landscape features, air quality and protected. Draft filtering and screening from noise or To ensure that important assets of intrusion). archaeological interest survive in Require that the environmental good condition and are effectively impacts and significant effects of recorded to advance understanding development are clearly identified for future generations. and supplied under the statutory To ensure that those historic assets regime (Town and County Planning currently considered to be at risk of (Environmental Impact Assessment) neglect or decay and included on the (England and Wales) Regulations English Heritage at Risk Register, are 1999) via an Environmental effectively managed and protected. Statement and in cases where forms These currently include : of development not proscribed in regulations can, depending on their Plaiters Lea Conservation Area nature, also have significant Drays Ditches Scheduled Monument environmental effects. Putteridge Bury Registered Park The need to protect and enhance important national designated Why we have taken the preferred landscapes such as the Chilterns policy approach AONB (within and adjacent to the borough); Registered Parks and National Policy Gardens; Registered Common Land Local planning authorities should set and Access Land (see glossary) and out a strategic approach in their to ensure that development is Local Plans, planning positively for sensitively located and designed to the creation, protection, protect locally important enhancement and management of landscapes. networks of biodiversity and green 73 To improve the built environment infrastructure (NPPF para 114); by delivering high quality places that Local planning authorities should set take into account important heritage criteria based policies against which assets including sensitively and proposals for any development on or appropriately reusing buildings and Page 101 of 323affecting protected wildlife or assets by bringing them back into geodiversity sites or landscape areas economic use which retains and 10 . Natural & Historic Environment

Draft will be judged. Distinctions should Evidence base be made between the hierarchy of Luton international, national and locally Bedfordshire & Luton, Local Biodiversity Action Plan (BAP) 2001 Local designated sites, so that protection is commensurate with their status and legacy plans as updated via the

Plan and gives appropriate weight to their the 'UK Post-2010 Biodiversity Framework', published in July 2012

for importance and the contribution and the Habitat and Species action

Public that they make to wider ecological networks (NPPF para 113); plans set out under Rebuilding Biodiversity in Bedfordshire & Luton Consultation protecting and enhancing valued landscapes, geological conservation Volume 1 (2006) and Volume 2 interests and soils; (NPPF para 109) (2007) available on the BRMC recognising the wider benefits of website. The 1992 Nature (2011-2031) ecosystem services (NPPF para 109); Conservation Strategy for Luton is minimising impacts on biodiversity currently under review. and providing net gains in There are currently no examples of biodiversity where possible, Special Protection Areas (SPA), contributing to the Government’s Special Areas of Conservation (SAC), commitment to halt the overall Ramsar Sites or other internationally decline in biodiversity, including by protected sites within the borough. establishing coherent ecological Similarly, there are currently no networks that are more resilient to Sites of Special Scientific Interest current and future pressures (NPPF (SSSIs) within Luton. para 109); However, Natural England have Local authorities set out a positive recently indicated a desire to review strategy for the conservation and SSSIs associated with the enjoyment of heritage assets most Bedfordshire chalk, and surveys of at risk through neglect decay or Bradger's Hill (2003 & 2012), Dallow other threats (NPPF para 126); Downs (2003 & 2012) and Cowslip Local authorities look for Meadow (2012) have all indicated opportunities for new development these sites to be of SSSI quality, and within Conservation Areas and in the designation may follow in due setting of heritage assets to enhance course. SSSIs can be regarded as the and better reveal their significance 1st tier of UK biodiversity site (NPPF para 137); designations. Local authorities should have an County Wildlife Sites (CWS - see up-to-date evidence base about the Glossary) represent the principal historic environment in their area to components of the ecological asses the significance of heritage network in the borough, (formerly assets and the contribution made to known as ‘Prime Sites of Nature the environment (NPPF para 169); Conservation Interest’) and they were reviewed in 2012 by the Planning (Listed Buildings and independent panel applying DEFRA Conservation Areas) Act 1990 74 criteria and guidelines. An additional requires that: It shall be the duty of CWS was recognised at the land local planning authorities from time tenanted by the Sunshine Riding to time to formulate and publish Stables. Recognition as a CWS does proposals for the preservation and not confer statutory protection of enhancement of any parts of their Page 102 of 323the site, nor any right of access. The area which are conservation areas. 25 CWSs in Luton can be regarded 10 . Natural & Historic Environment

as the 2nd tier of UK biodiversity site District Wildlife Sites (DWS) are a designations: third tier designation which replace ‘other sites of nature conservation 1. Biscot Churchyard (Holy Trinity, Interest’ and are designated via the (2011-2031) Trinity Road) ‘Local Sites Partnership’ using 2. Castle Croft and Bluebell Wood criteria on the BRMC website (see (includes meadows off Roebuck Glossary). There are 14 DWS in the Consultation Close) borough: 3. Bradgers Hill (includes parts of Public Stopsley Common, the old Hexton 1. Dairyborn Scarp (former CWS also for Highway and parts of the former known as Spittlesea Hill) Nail's Hill Common in Bushmead 2. Dallow Lane Plan Park). 3. Foxdell Local 4. Bramingham Wood (includes 4. Great Bramingham Park

Bramingham Long Field) 5. Great Hayes Wood Luton 5. The Chase (also known as Mixes Hill 6. Hatters Way Wood) 7. Hay Wood & Stopsley Common Draft 6. Church Cemetery (Crawley Green 8. Hitchin Road Spinney Road) 9. Lewsey Park 7. Cowslip Meadow 10. Luton Parkway Verges 8. Croda Colloids (New Bedford Road) 11. Mixes Hill 9. Dallow Downs (includes Runley 12. River Lea Downs & Wood and Winsdon Hill) 13. Stockingstone Hill (sometimes 10. Honeygate and Crick Hills known as Cowridge End) 11. Leagrave Common (includes 14. Stockwood Park (part) Whitefield Spinney and Castle Way (Spinney Wood) and Wauluds Bank) The Green Spaces Strategy being 12. Fallowfield prepared by the Council will include 13. Oaket Wood (part lies in an analysis of the quality of Luton’s Hertfordshire) parks, and will identify in more 14. Oosey Hill (part lies in Central detail the needs and deficiencies in Bedfordshire) the town including for allotments 15. People's Park (standard of 0.2 ha per 1,000 16. River Lea (includes headstreams and population). tributaries and sections of adjoining Green Infrastructure Strategy Review open spaces) will provide evidence on Luton's 17. Riverside Walk (Riverside Park) strategic green space resources. 18. Slaughters Wood and Green Lane The Council will continue to apply (also known as Haverings). the standards relating to outdoor 19. Stockwood Park (part) playing space from the previous Local Plan. 20. Stony Hill (also known as Icknield School) The green space requirement within specialist accommodation e.g. 21. Wigmore Park 75 communal housing for the elderly, 22. Wandon End Park will be confined to provision of 23. Winch Hill Wood (part lies in amenity space as part of the Hertfordshire) scheme. 24. Sunshine Riding Stables Page 103 of 323The Sport and Recreations Strategy being prepared by the Council will 10 . Natural & Historic Environment

Draft include an analysis of the baseline Buildings of special local, historical provision of such facilities and future or architectural interest feature in Luton demand based on projected the list.

Local population growth English Heritage Historic Area Chillterns AONB Management Plan Assessment Plaiters Lea Conservation Plan Luton Landscape Character Area

for Assessments have been undertaken Central Bedfordshire and Luton

Public in 2013 to provide evidence for the Historic Environment Record designation of areas of local English Heritage register of

Consultation landscape importance (some of Statutorily Listed Buildings which may have previously been Assessment of archaeologically designated AGLV and ALLI - see sensitive sites in Luton Glossary) English Heritage preparation of a (2011-2031) Luton Local List of heritage Assets book on the hat industry of Luton updated in 2010 and subjected to and its buildings, as part of the detailed assessment through public Informed Conservation Series. engagement against a set of criteria.

Policy LP 27

Open Space and Natural Greenspace

The Council will work with developers landowners and stakeholders to safeguard and enhance existing networks of open space and establish new green infrastructure within the borough in accordance with standards established in the Green Infrastructure, Nature Conservation and Open Space Strategies (including for recreation and bio diversity). Development proposals will be supported where they make provision for:

appropriate green space to serve demand arising from the development; including existing quantitative or qualitative deficiencies in the locality; or an appropriate commuted sum, where the long term maintenance of open space is transferred to the Council or to a third party.

On Site Provision

In all cases, proposals for new development will be required to demonstrate that:

the amount of land provided meets the minimum quantum and type of provision required practicable; and the development is located such that it will have the minimum adverse impact upon the function and amenity of both the existing and any neighbouring 76 use. Development will only be permitted on parks, playing fields and other outdoor sports facilities, allotments or other important green spaces shown on the Policies Map, where development is ancillary, complementary and limited in scale securing the efficient and effective use of the existing green space. Page 104 of 323 10 . Natural & Historic Environment

Off Site Provision

Where on site provision is not practicable or viable on-site: (2011-2031) an equivalent standard of off site provision in an accessible location in the vicinity; or an appropriate financial or other contribution towards either: Consultation

new off-site provision; or Public the enhancement of existing off-site facilities. for Plan Replacement Provision Local Proposals for replacement open space and green infrastructure will be supported where the alternative provision is of: Luton

equivalent size, quality and accessibility; and Draft in a suitable location within the vicinity; and operational prior to the development being commenced.

OR

It can be demonstrated that:

there is a recognised and demonstrable need for the proposed development that outweighs the need to retain the green space; and the proposed development could not be undertaken elsewhere, on a previously developed site, within a reasonable period; and the amount of land-take would not result in any significant loss of green space in an area in which there is, or would be, an identified deficit; and the proposed development would result in the retention of any remainder of the green space for the long-term benefit of the community and, where necessary or appropriate, its enhancement.

Biodiversity and Nature Conservation

Policy LP 28 Biodiversity and Nature Conservation 77 The Council will support development proposals which add to the net stock of wildlife habitats and geological sites , or where they help to deliver a net gain in the conservation and enhancement of such sites.

Page 105 of 323 10 . Natural & Historic Environment

Draft Development proposals that impact adversely on designated sites, open space,

Luton green infrastructure and ecological networks, would not normally be welcomed, and will be assessed in line with the following hierarchy of acceptability:- Local A. Avoidance, wherever possible; Plan B. Mitigation, if avoidance is not possible;

for C. Compensation, if neither avoidance nor mitigation are possible. Public Planning applications for proposals which impact adversely on existing habitats

Consultation and geology, must show that all feasible options to avoid natural assets or harm have been exhausted and that proposals protect the most important sites according to the following nature conservation and geological designations:-

(2011-2031) i. National Nature Reserves and Sites of Special Scientific Interest; or ii. Local Nature Reserves, including those previously proposed; or iii. County Wildlife Sites; or iv. District Wildlife Sites; or v. Ancient Woodland; or vi. Biodiversity Action Plan priority habitats; or vii. Local Biodiversity Action Plan priority Habitats & Species; or viii. Habitats and Species listed in section 41 of the Natural Environment & Rural Communities Act (2006); or ix. Sites of Heritage Interest to Natural England; or x. Species protected by law; or xi. other features of biodiversity value; within the green network; xii. Regionally Important Geological Sites.

Sites within Luton deemed of tier 1 importance by Natural England for potential SSSI designation in association with the Bedfordshire Chalk include; Bradgers Hill; Dallow Downs and Cowslip Meadow.

Where development proposals are unavoidable impacting on habitat and geological assets, and they have adverse effects, they will be considered against the following criteria:-

1. the benefits of the proposal clearly outweigh the need to safeguard the intrinsic nature conservation value of the site or feature; or 2. satisfactory arrangements are made for the acquisition and management of an alternative habitat of at least equivalent wildlife value in the locality; or 3. the proposal would secure the protection, retention, enhancement and appropriate management of existing features of nature conservation value during and after development.

78 Where a development proposal could have an adverse effect on a habitats or species of nature conservation interest, the prospective developer will be required to submit an ecological assessment with the planning application. This should normally include a phase 1 habitat survey and protected species information. If invasive weed species listed on Schedule 9 of the Wildlife and Countryside Act in England and Wales, such as JapanesePage K106notweed of 323and Himalayan Balsam, are present, then an invasive species management plan should be submitted. 10 . Natural & Historic Environment

Development site layouts should retain any existing areas of National Priority Habitats wherever possible, and to enhance their visual and biodiversity value with appropriate planing of locally native trees, shrubs and hedgerows, but only in such locations that the long term impact on existing habitats (grasslands, (2011-2031) hedgerows, ponds etc) is not deleterious through effects of shading, leaf fall or other impacts. Consultation Public

Landscape and Geological for Conservation Plan Local

Policy LP 29 Luton

Landscape & Geological Conservation Draft

Development proposals will be supported where they protect, or conserve and enhance the character, setting and natural beauty of national and local landscape areas, according the following designations:

National landscape areas

A. the special character, natural beauty, landscape and setting of the Chilterns Area of Outstanding Natural Beauty; or B. the historic character and environmental quality of Registered Parks and Gardens and their settings; C. the historic integrity, biodiversity and recreational value of Registered Commons, and their settings; D. the environmental and recreational value of Access Land and Section15 Land as identified under the CROW Act (2000);

Local landscape areas

E. Areas which are of 'local landscape value' as determined via Landscape Character Assessments (which may include areas previously designated as Areas of Local Landscape Value) and are shown on the Policies Map, including; F. the Hart Hill Area of Local Landscape Importance; G. Stockwood Park; H. Dallow Downs; Crick and Honeygate Hills; Land south of the Airport.

Planning applications will be supported where they protect or enhance and add to the designated ROW network (including informal pedestrian routes) giving 79 access for all users, where feasible, to the countryside and green space, provided that:

Page 107 of 323 10 . Natural & Historic Environment

Draft i. traditional and historic routes are maintained, such as Icknield and Theed

Luton Ways, Hexton Way, Dallow Lane and the Old Bedford Road; and ii. access is designed and regulated to encourage biodiversity and prevent

Local inappropriate, use of materials, planting and signage and potential anti social uses e.g. from motorcycles and vehicles. Plan for Public

Consultation Historic Environment

Policy LP 30 (2011-2031) Historic Environment

To protect, conserve and enhance the town’s heritage, development proposals must take account of the significance, character, setting, local distinctiveness (including materials and detailing) of any affected heritage asset including designated heritage assets, statutory listed buildings, conservation areas, and non-designated heritage assets, locally listed buildings and archaeology. Development proposals will be supported where they conserve heritage assets, bringing them back into appropriate productive economic or social use and preserve and / or enhance the asset for the benefit of future generations.

Complete or partial loss through demolition of nationally designated assets and other heritage assets will only be permitted where it can be justified that there is a net public benefit. Proposals must also accord with the following criteria:

exceptional circumstances for demolition or part demolition must be justified in the case of listed buildings; reasonable alternative beneficial use of any nationally and locally designated heritage asset has been exhausted; within a conservation area any complete or part demolition of a building whether designated or not, must protect and conserve the setting and character of the conservation area; proposals will be subject to appropriate recording of the significance of the building or asset and regulated by legal agreements on the phasing of demolition with planning permission and a contract for redevelopment.

Proposals affecting Designated Heritage Assets require an impact statement for validation setting out the significance of the asset, the resulting impact, including on the setting of the asset. 80 Heritage Statements should be prepared and, where evidence points to potential presence of remains, mitigation will be required (e.g. Investigative trenching, watching brief, recovery & interpretation of remains).

The Council will maintain a regularly updated schedule of Luton’s Designated Heritage Assets and locally listedPageheritage 108 ofassets. 323 11 . Transport, Communications & Climate Change

11 Transport, operation of public transport, Communications & Climate walking and cycling networks; There is a need to improve Change accessibility to key services by all (2011-2031) members of society including the Sustainable Transport Strategy mobility impaired and non motorised users ; Consultation Strategic Objectives Major new development including

new transportation interchange Public Strategic Objective 1: Retain and

facilities will need to accommodate for enhance Luton’s important sub-regional bus accessibility improvements and role as a place for economic growth and Plan where appropriate safeguard and opportunity.

enhance pedestrian and cycle Local Strategic Objective 8: Improve routes; accessibility, connectivity, sustainability Mitigation of freight traffic on the Luton network as a result of an an increase

and ease of movement to, from and Draft within the borough. in distribution and warehouse development; Key Issues Mitigation against any additional load on the local transport network Luton faces significant traffic arising from airport growth. congestion dominated by car travel. The town’s radial road pattern and Why we have taken the preferred lack of orbital routes and chalk scarp policy approach topography funnels road traffic into the central area or along a small Government policy requires number of key routes; significant traffic generating uses to However, sustainable transport be supported by a Transport choices are possible to tackle Statement or Transport congestion. Luton's high population Assessment(NPPF, Paragraph 32) density and its compact form, makes Development plans should promote public transport, walking and cycling sustainable transport solutions and the preferred mode of transport to a pattern of development which car use because most journeys are support reductions in greenhouse gas short; emissions and reduce congestion The Local Plan is required to (NPPF Paragraph 30); safeguard land committed for major Local planning authorities should road schemes. The Council identify and protect routes and recognises the economic benefits infrastructure to widen transport that will result from increasing road choice (NPPF paragraph 41); capacity, including improved access Local planning authorities should to the Airport, but will improve work with other authorities and infrastructure for pedestrians and providers to assess the quality and 81 cyclists as part of these schemes; capacity of infrastructure (e.g. for The Local Transport Plan sets out a transport, energy, strategy for transport improvements telecommunications etc) to meet designed to overcome existing forecast demand and the need for environmental problems caused by Page 109 of 323 traffic and to facilitate the efficient 11 . Transport, Communications & Climate Change

Draft local strategic and national Local Transport Plan 2011-2026 infrastructure (NPPF paragraph 162); sections, 5.3, 6.2 and 9.2; Luton National Planning Policy Guidance Final Sustainable Travel Plan

Local Consultation document Sep/Oct 2013 2011-2015; section 4: Promoting sustainable Action for Roads, Department for Plan transport. Transport, 2013;

for Understanding Walking and cycling, Evidence base Public 2011; Local measures to promote walking PAS – A steps approach to Consultation and cycling, NICE, 2012; infrastructure planning and delivery June 2009; Europe health economic tool for walking and cycling, WHO/HEAT Network Management and

(2011-2031) Congestion Strategy 2008-2012 section 4.2;

Policy LP 31

Sustainable Transport Strategy

The strategy for sustainable transport in Luton is based on the vision for the Local Transport Plan 2011-2026 which is to ensure that an integrated, safe, accessible and more sustainable transport system supports the economic regeneration and prosperity of the town. The Council will work with its partners, agencies and developers to deliver:

reduced congestion around the town centre and key strategic routes while promoting sustainable modes of transport; sustainable connections via the Luton Dunstable busway serving the conurbation with potential links to neighbouring authorities and key developments in Luton; improved accessibility and connectivity for a more pedestrian friendly town centre environment for all users, while reducing congestion and removing strategic and local traffic conflict by completing the Luton Town Centre Transport Scheme; controlled parking within the town centre and district and neighbourhood centres to support sustainable local service delivery, housing, and jobs, linked trips and accessible destinations; controlled freight traffic and facilities by using traffic management on key corridors and routes into Luton and potential development sites on its borders.

Planning Permission will be granted for proposed development that: 82 Minimises the need to travel; Provides a sustainable transport choice with priority for buses, pedestrians and cyclists; Reduces road congestion at peak times; Reduces the safety risk to non-motorisedPage 110 of 323users; 11 . Transport, Communications & Climate Change

Provides cycle parking / storage (and); Ensures the quality of the local environment is not compromised.

For developments over a certain scale (as set out in Appendix 7), developers will (2011-2031) be required to submit a Transport Assessment / Statement and / or Travel Plans in order to assess and mitigate the travel impacts which: Consultation Demonstrates that arrangements have been made for the implementation and monitoring of the Travel plan; Public

Monitors travel by occupiers of and visitors to the development; and for Provides information on public transport, the walking and cycling network, and local facilities and services. Plan Local London Luton Airport Luton Support for the continued economic success of London Luton Airport as a transport

hub, will be delivered through: Draft

Measures to ensure there is capacity at strategically important junctions; Sustainable modes of transport via the Airport Surface Access Strategy.

Safeguarded Land

Land will be safeguarded for the following strategic infrastructure schemes:

London Luton Airport Access (Percival Way - Terminal) - dualling airport access road and Junction Improvements; Hitchin Rd/Stopsley Way/Ashcroft Road Roundabout - Junction Improvements; Hitchin Road/Vauxhall Way Roundabout - Junction Improvements; Vauxhall Way/Crawley Green Roundabout - Junction Improvements; Vauxhall Way/Kimpton Road Roundabout - Junction Improvements; Wigmore Lane/Eaton Green Road Roundabout - Junction Improvements; Vauxhall Way between Eaton Green Road and Kimpton Road - widening Kimpton Road/Gypsy Lane - Junction improvements; Luton Airport Parkway Railway Station North Entrance - Dedicated Bus tunnel to accommodate airport shuttle buses; Century Park Link - Access road/tunnel to Century Park via Airport Way; East Luton Circular Rd (North including the Weybourne Link); Luton Railway Station Improvements.

type, size and tenure offering local Parking residents choice of where to live and 83 addresses issues of affordability and Strategic Objectives overcrowding;

Strategic Objective 3: To ensure that Strategic Objective 4: To establish an new housing delivers an appropriate level Page 111 ofeffective 323 network and hierarchy of town, of provision to meet local requirements district and neighbourhood centres to in terms of quantum, mix of dwelling serve as the heart of local communities 11 . Transport, Communications & Climate Change

Draft and improve health through improved car free housing if a demand is access to a mix of uses including demonstrated). Parking provision in Luton shopping, services and jobs by train, bus, the central area in particular, will

Local walking and cycling; be limited to operational purposes and will mean that for many

Plan Strategic Objective 8: Improve developments no parking will be accessibility, connectivity, sustainability

for permitted; and ease of movement to, from and Public The Local Plan will consider Park and within the borough. Ride facilities at land south of

Consultation Stockwood Park adjacent to Jct 10a Key Issues and at Butterfield to intercept car journeys to employment locations The availability of car parking is a in the East Luton Corridor area as major influence on travel behaviour. (2011-2031) well as to the town centre. Further Car parking also takes up a large sites around the periphery of the amount of space in development, is Luton/Dunstable/ Houghton Regis costly to business and reduces conurbation, but outside the development densities; borough boundary, are being The Council Parking Strategy is considered by adjoining local aimed at improving the quality of authorities. To maximise passenger parking in town centres so that it is transfer, significant investment will convenient, safe and secure, be made in bus priority measures for including appropriate provision for those corridors served by Park and motorists; Ride sites. The Local Plan will set maximum levels of car parking for and Why we have taken the preferred minimum levels of cycle parking for policy approach broad classes of development except in respect of parking for disabled Government policy requires the people or unless applicants setting of local parking standards for demonstrate, through a Transport residential and non-residential Assessment, a higher car parking development, taking into account need. In such cases applicants must the accessibility, type, mix and use show via design, location and of development; opportunities for implementation how parking is public transport; car ownership; and minimised; an overall need to reduce the use of Parking charges will need to ensure high-emission vehicles' (NPPF that they do not undermine the paragraph 40) vitality of town centres while National Planning Policy Guidance parking enforcement should be Consultation document Sep/Oct 2013 proportionate; paragraph 39; In highly accessible areas, in certain circumstances the amount of parking Evidence base 84 in new developments will be restricted to levels below the Local Transport Plan 2011-2026 maximum parking standards (e.g. section 6 policy 4 Parking Policy and Plan 2013.

Page 112 of 323 11 . Transport, Communications & Climate Change

Policy LP 32

Parking (2011-2031)

Parking provision in Luton will be managed to ensure that a proportionate number of spaces are available to support the growth of the town centre. Proposals for reducing on-street parking in and around the town centre and for car free Consultation development may be supported in areas of high accessibility including when linked Public to park and ride facilities, provided that: for

there is no adverse impact on occupier amenity in other areas through Plan displaced on street parking; and proposals are supported with a Travel Plan. Local

Parking will be stringently controlled at London Luton Airport and the Luton & Luton

Dunstable Hospital to ensure that on site provision at these destinations is Draft prioritised.

Development will be permitted providing that:

The proposed development does not exceed the maximum car parking standards set out in Appendix 2 of the Local Plan unless a demonstrable need can be justified by the developer for higher car parking provision; Minimum cycle parking set out in Appendix 2 is provided for non-residential developments; Cycle storage is provided for residential developments; There is no net additional car parking spaces in public car parks; Parking standards shown in Appendix 2 are minimised in identified areas demonstrated to be of high accessibility.

and ease of movement to, from and Freight within the borough.

Strategic Objectives Key Issues

Strategic Objective 1: Retain and The Council will seek to maximise enhance Luton’s important sub-regional opportunities for rail freight such as role as a place for economic growth and the rail freight interchange adjacent opportunity. to the former Sundon Quarry for a freight consolidation centre to serve Strategic Objective 2: To utilise Luton’s the conurbation. However, road economic, social and environmental freight is likely to remain at the core 85 resources efficiently and sustainably of the local distribution system for within the limited physical land capacity the foreseeable future, and the of the borough. Council will seek to develop and implement a Freight Quality Strategic Objective 8: Improve Page 113 of 323Partnership through work with local accessibility, connectivity, sustainability partner organisations such as the 11 . Transport, Communications & Climate Change

Draft freight industry, businesses, Local absence of such controls, there is Economic Partnerships, residents, likely to be harm to residential Luton community and environmental amenity.

Local groups; The Council will work with Why we have taken the preferred Plan neighbouring authorities and policy approach

for transport providers to develop Government guidance requires Local

Public strategies for the provision of viable infrastructure necessary to support Authorities to work with neighbouring authorities and Consultation sustainable development; transport providers to develop The relatively high proportion of strategies for the provision of viable Luton’s economic activity involving infrastructure necessary to support manufacturing and distribution

(2011-2031) sustainable development, including means that there is strong demand large scale facilities such as rail for overnight goods vehicle parking freight interchanges, roadside in and around the borough. Additions facilities for motorists or transport to the supply of such parking investment necessary to support accommodation will be permitted, strategies for the growth of ports, provided that a need for the facility airports or other major generators can be demonstrated; and provided of travel demand in their areas. The that the site is acceptable in terms primary function of roadside of amenity, environmental impact facilities for motorists should be to and highway capacity; support the safety and welfare of The Council, through partnership the road user (NPPF Paragraph 31) working, will establish Strategic Lorry Routes and produce a map of Evidence base these for freight operators and businesses; Network Management and Improve existing and provide more Congestion Strategy 2008-2012 signing to guide lorries to section 4.6; destinations such as key employment Local Transport Plan 2011-2026 sites and town/district centres; section 6 policy 5. Rationalise operations or deliveries National Planning Policy Guidance to particular times and/or categories Consultation document Sept/Oct of vehicle, in cases where, in the 2013 paragraph 31;

Policy LP 33

Freight

Freight performs a vital role in Luton’s strategic sub regional economy. Through 86 the Local Plan the council will be delivering warehouse and distribution facilities at Century Park and airport related development and has a responsibility of ensuring that the routeing of freight traffic to these new and existing sites as well as the siting of new lorry parks is controlled in a sustainable and non obtrusive way. Page 114 of 323 11 . Transport, Communications & Climate Change

The Council will support schemes that do not cause harm to the environment or residential amenity, are served by the strategic network and involve alternative methods of freight distribution including inter-modal facilities. (2011-2031) A. The Council will use the following criteria to assess new warehouse and distribution proposals:

Strategic Routeing; Consultation Strategic Signage; Public

Delivery and Service Plans; for Weight Restrictions; Delivery Restrictions; Plan

Alternative methods of Freight Distribution, in particular Sundon Park Quarry Local Rail Freight Interchange; Luton and Draft B. Proposals will be permitted for new lorry parks where:

It is demonstrated that there is a need for the facility; They are located within key employment areas with good access to the strategic road network; They do not cause harm to the environment or residential amenity; and There is capacity on the local highway network to accommodate heavy goods vehicles.

Public Safety Zones aircraft landing and take off incidents arising along this axes, Strategic Objectives typically bordering the ends of the runway; 11.1 Strategic Objective 11: To This zone of risk is termed the safeguard and ensure the prudent use of 'Public Safety Zone' (PSZ), an natural resources, increase energy and established government policy under water efficiency and encourage and the Department for Transport but promote the use of renewable energy administered and reviewed by the sources to help adapt to climate change, Civil Aviation Authority (CAA), and and manage pollution, natural and operates with the objective of operational hazards, avoid inappropriate limiting development close to civil development in areas at risk of flooding, airports by controlling the number secure improvements in air and water of people on the ground living quality and ensure effective waste working or congregating in the PSZ management. who would be at risk, through 87 regulating developments and Key Issues changes of over time, reducing the number present as the opportunity London Luton Airport is situated arises; close to Luton's urban area and the runway runs north east to southPagewest 115 of 323The PSZ is modelled and defined and potentially introduces risk of using mathematical formulae looking 11 . Transport, Communications & Climate Change

Draft at statistics of and probability of circular DfT Circular 01/2010 on the incidents and mortality over 30 years “Control of Development in Airport Luton at airports related to annual and Public Safety Zones” or whether

Local forecast air transport movements. subsequent guidance will emerge; These are measured as contours of For the avoidance of doubt, policy Plan risk and approximated as triangles. LP 34 is a reintroduction of a

for The size and shape of the triangle previous 'unsaved' policy of the

Public may increase with air transport former Luton Local Plan 2006; movements.

Consultation Evidence base Why we have taken the preferred policy approach A planning application is being considered for proposals to expand

(2011-2031) Government guidance is unclear the current capacity of the airport whether the NPPF replaces existing up to 18 million passengers per national guidance set out in the annum (mppa)

Policy LP 34

Public Safety Zones

Within the Public Safety Zones (as identified on the Policies Map) planning permission will not be granted for:

any development, including extensions and changes of use, which is likely to result in more people:

living in the property, unless it is for the purpose of enlarging or improving the living accommodation for the benefit of existing residents; or working or congregating at the property or site; or

short-stay car parking (where the maximum stay is expected to be less than six hours); or sorting depots or retail warehouses; or children’s playgrounds, playing fields or sports grounds; or sports clubhouses; or any other development likely to result in significant numbers of people being present at a site on a regular basis.

88 and ease of movement to, from and Communications within the borough.

Strategic Objectives Strategic Objective 11: To improve the built and natural environment to deliver Strategic Objective 8: Improve quality places, through high quality Page 116 of 323 accessibility, connectivity, sustainability design and sustainability taking into account the character and setting of the 11 . Transport, Communications & Climate Change neighbourhoods, including historic assets Radiation Protection guidelines for and seeking safe environments which public exposure, this would help to reduce crime and the fear of demonstrate that public health crime. concerns have been addressed. (2011-2031)

Key Issues Why we have taken the preferred policy approach Increased use of mobile phones and Consultation demand for telecom masts. Telecom Government guidance states that development is subject to advanced, high quality Public development control but many minor communications infrastructure is for

schemes, such as the installation of essential for sustainable economic Plan some residential satellite dishes, is growth. High speed broadband ‘permitted development’ under the technology and other Local General Permitted Development communications networks also play Luton Order 1995 (as amended) [M1] and a vital role in enhancing community

hence does not require planning facilities and services (NPPF Draft permission. Telecom code system Paragraph 42); operators also enjoy a general Local Plans should support the planning permission, subject to expansion of electronic certain exclusions. In these cases, communications networks but keep the operator has to make a ‘prior the numbers of telecommunications approval’ application, which allows masts and the sites to a minimum the authority to consider, within 56 consistent with the efficient days, the siting and appearance of operation of the network. Existing the proposed development; infrastructure should be preferred Need to consider visual and amenity unless the need for a new site has impact in determining applications, been justified. Equipment should be particularly in sensitive locations sympathetically designed and (e.g. schools and residential areas) camouflaged where appropriate developers should discuss the (NPPF paragraph 43); proposals affecting schools with the Local Planning Authorities should not relevant educational body before impose a ban on types or locations submitting an application; of new telecommunications Operators should explore the development (e.g. Using Article 4 potential for mast sharing, erecting directions) or insist on minimum new masts on existing buildings or distances between new other structures. However, sharing telecommunications development can sometimes look ungainly and and existing development. However, actually increase visual intrusion. evidence will be required to Good design, camouflage, screening demonstrate that such infrastructure and planting should be used to help will not cause significant and blend the apparatus into the irremediable interference with other landscape; and electrical equipment, air traffic 89 Health considerations can be a services or instrumentation operated material consideration in in the national interest; or the determining applications. However, possibility of buildings or other if a proposed mobile phone base structures interfering with broadcast station meets the InternationalPage 117 of 323and telecommunications services Commission for Non-ionizing (NPPF Paragraph 44); 11 . Transport, Communications & Climate Change

Draft Applications for telecommunications sharing or using existing (including for prior approval under structures and a statement that Luton Part 24 of the General Permitted self-certifies that, when

Local Development Order) should be operational, International supported by evidence to justify the Commission guidelines will be

Plan proposed development (NPPF met.

for Paragraph 45). This should include: Local planning authorities must Public The outcome of consultations determine applications on planning with organisations with an Consultation grounds. They should not seek to interest, the relevant body e.g. prevent competition between Local Education Authority or different operators, question the within a statutory safeguarding need for the telecommunications

(2011-2031) zone surrounding an aerodrome system, or determine health or technical site; and safeguards if the proposal meets For masts or base station, a International Commission guidelines statement that self-certifies for public exposure (Paragraph 46); that the cumulative exposure, Town and Country Planning General when operational, will not Permitted Development Order 1995 exceed the International Schedule 2, part 24as amended by Commission on non-ionising Town and Country Planning (General radiation protection guidelines; Permitted Development) or (Amendment) (England) Order 2001. Evidence that the applicant has explored the possibility of

Policy LP 35

Communications Infrastructure

The Council will support the expansion of advanced high quality communications infrastructure including telecommunications and high speed broadband / video conferencing networks to promote sustainable economic growth of the borough and minimising the need for car journeys. Planning Permission will be granted and prior approval proposals supported for telecommunications development providing:

Installations have been designed, sited and appropriately landscaped to minimise their impact on amenity; and The development would not harm the setting of a listed building, or the character of a conservation area, or any other area designated for its landscape, historic or nature conservation importance; and 90 The equipment does not detract from the appearance of the building on which it is proposed to be erected; and The developer has demonstrated that opportunities for sharing sites accommodating existing telecommunication equipment have been fully explored before proposals for new sites are submitted; and Page 118 of 323 11 . Transport, Communications & Climate Change

The proposed installation complies with the national guidelines in respect of exposure of members of the public to electromagnetic fields; and The proposal should include the necessary ducting infrastructure to facilitate (2011-2031) the implementation of broadband services. Consultation in particular within the town centre;

Flood Risk and Public

Much of the River Lea is culverted, for Strategic Objectives particularly within the town centre but this infrastructure is ageing and Plan 11.2 Strategic Objective 2: To utilise

in need of remediation or Local Luton’s economic, social and replacement to avoid risk of collapse environmental resources efficiently and and flooding. Luton sustainably within the limited physical land capacity of the borough. Why we have taken the preferred Draft policy approach 11.3 Strategic Objective 11: To safeguard and ensure the prudent use of Local planning authorities should natural resources, increase energy and adopt proactive strategies to water efficiency and encourage and mitigate and adapt to climate promote the use of renewable energy change, taking full account of flood sources to help adapt to climate change, risk and water supply and demand and manage pollution, natural and land considerations (NPPF para 94); use operational hazards, avoid Take account of climate change over inappropriate development in areas at the longer term, including factors risk of flooding, secure improvements in such as flood risk (NPPF para 99); air and water quality and ensure Inappropriate development in areas effective waste management. at risk of flooding should be avoided by directing development away from Key Issues areas at highest risk, but where The River Lea is a key asset development is necessary, making providing a key piece of it safe without increasing flood risk infrastructure running though the elsewhere (NPPF para 100); town providing a natural wildlife Local Plans should be supported by corridor with habitats and natural Strategic Flood Risk Assessment and features (associated with its flood develop policies to manage flood risk plain) as well as opportunities for from all sources; recreation and quiet enjoyment; Local Plans should apply a The flood plain developed by the sequential, risk-based approach to Environment Agency sets out the the location of development to avoid degrees of flooding risk to land uses where possible flood risk to people and activities arising from climate and property and manage any 91 change and the likelihood of flooding residual risk, taking account of the events and this presents constraints impacts of climate change, by on development in the town - and applying the Sequential Test (NPPF para 100); Page 119 of 323if necessary, applying the Exception Test (NPPF para 100); 11 . Transport, Communications & Climate Change

Draft safeguarding land from development Evidence base that is required for current and Luton future flood management (NPPF para Luton Strategic Flood Risk Assessment Study 2013 (in Local 100); using opportunities offered by new partnership with the Environment Plan development to reduce the causes Agency) which updates the flood plain and risk scenarios related to for and impacts of flooding; and climate change. Public where climate change is expected to increase flood risk so that some Luton Surface Water Management

Consultation existing development may not be Plan, 2012. sustainable in the long-term, seeking Luton Water Cycle Strategy Study opportunities to relocate vulnerable 2013 (in partnership with the development elsewhere. Environment Agency and water (2011-2031) utilities) which updates water supply and water treatment capacity .

Policy LP 36

Flood Risk

The risk and impact of flooding will be minimised through:

directing new development to areas with the lowest probability of flooding; ensuring that all new development addresses the effective management of flood risk; ensuring that development does not increase the risk of flooding elsewhere including on adjoining and surrounding land; and ensuring wider environmental benefits of development in relation to flood risk.

The suitability of development proposed in flood zones will be assessed using the Sequential Test and, where necessary, the Exceptions Test. A sequential approach should be used at site level.

A site specific flood risk assessment will be required for development proposals of one hectare or greater in Flood Zone 1 and for all proposals for new development (including minor development and change of use) in Flood Zones 2 and 3 and in Critical Drainage Areas (as defined in Luton's Surface Water Management Plan), and also where proposed development or a change of use to a more vulnerable class may be subject to other sources of flooding.

Appropriate mitigation and management measures must be implemented.

92 All development proposals must be assessed against the Luton Water Cycle Strategy to address locally significant flooding.

All new development shall be required to provide a drainage strategy. Developments will be expected to incorporate sustainable drainage systems (SUDS) and ensure that run-off rates arePageattenuated 120 of 323to greenfield run-off rates in 11 . Transport, Communications & Climate Change

accordance with Luton's SUDS and SAB Standing Advice. Higher rates would need to be justified and the risks quantified.

The Council will encourage development to reduce the overall flood risk, where (2011-2031) possible, through the design and layout of schemes which enhance natural forms of drainage (this could include, but is not limited to; floodplain creation; surface water storage and; removing culverts and barriers to flow). Consultation

The Council will work with the Environment Agency in the management of flood Public risk to ensure that any risk of flooding is appropriately mitigated and the natural for environment is protected in all new development. Plan Local use operational hazards, avoid Sustainable Energy inappropriate development in areas at Luton

risk of flooding, secure improvements in Draft Strategic Objectives: air and water quality and ensure effective waste management. The Local Plan policy on Climate change, carbon reduction and sustainable energy Key Issues needs to help deliver the following linked objectives:- Government policy aims to stimulate the development of renewable Strategic Objective 2: To utilise Luton’s energy sources wherever they have economic, social and environmental prospects of being economically resources efficiently and sustainably attractive and environmentally within the limited physical land capacity acceptable; of the borough. The Climate Change Act 2008 set the country's emission reduction targets. Strategic Objective 6: Reduce social, The "legally binding" targets are a economic and environmental deprivation, reduction of least 80% by 2050 particularly where it is spatially (against the 1990 baseline); concentrated, by taking priority It also mandates interim, 5-year measures to reduce unemployment, budgets. The first three are as improve skills and education and renew follows:- housing, community and environmental Budget 1 (2008–12): Total cap 22% conditions. below 1990 baseline Strategic Objective 8: Improve Budget 2 (2013–17): Total cap 28% accessibility, connectivity, sustainability below baseline and ease of movement to, from and Budget 3 (2018–22): Total cap 34% within the borough. below baseline The European Union has its own Strategic Objective 11: To safeguard emissions target, to which the UK 93 and ensure the prudent use of natural contributes. This currently stands at resources, increase energy and water 20% by 2020 though this may be efficiency and encourage and promote raised to 30%. This target helps to the use of renewable energy sources to direct the European Union Emission help adapt to climate change, andPage 121 of 323Trading Scheme; manage pollution and natural and land 11 . Transport, Communications & Climate Change

Draft All new non-residential whether the requirements of Code developments over 1000 square Level 4 will be adjusted in line with Luton metres will be required to achieve Part L 2013 or remain as a more

Local the 2013 BREEAM “Excellent” challenging standard; standard or equivalent. New The government proposes to Plan non-residential developments below introduce “zero carbon standards”

for this threshold will also be for new dwellings as of 2016.

Public encouraged to meet this standard; Conditions will be attached to Why we have taken the preferred

Consultation planning permissions requiring policy approach submission of final Code certificates and post construction BREEAM Government policy aims to increase certificates (as appropriate), and the use and supply of renewable and (2011-2031) such conditions will not be low carbon energy, and the discharged until compliance has responsibility on all communities to been satisfactorily demonstrated."; contribute to renewable energy The rationale behind setting generation or low carbon sources. requirements in terms of the Code There should be a positive strategy for Sustainable Homes and BREEAM to design policies and identify is to secure commitments to CO2 locations which maximise renewable reduction in line with the proposed and low carbon energy development trajectory of the Building while ensuring that adverse impacts Regulations while ensuring that including cumulative landscape and broader themes, including water visual impacts are mitigated; the conservation, flood risk, air quality, provision of supporting waste management and biodiversity, infrastructure to encourage such are addressed. The most commonly sources; support community-led expected effects of a changing initiatives including proposals via climate on Luton’s built environment neighbourhood planning; identify include: opportunities to connect development to decentralised, Increased risk of subsidence renewable or low carbon energy (e.g. in Farley Hill and supply systems and for co-locating Stopsley); potential heat customers and Reduced thermal comfort of suppliers (NPPF paragraph 97); occupants (especially from In determining planning applications, overheating in summer); and new development should comply Increased damage to property with adopted Local Plan policies on and infrastructure. local requirements for decentralised energy supply unless it can be The CO2 reduction requirement for demonstrated that this is not Code Level 4 is equivalent to the appropriate, feasible or viable; and proposed requirements of Part L take account of landform, layout, 94 2013. It is now looking likely that building orientation, massing and the requirements of Part L 2013 will landscaping to minimise energy be considerably weakened, although consumption (National Planning we will not find this out for certain Policy Guidance Consultation until announced by CLG in mid-May document Sep/Oct 2013 paragraph 2014. Meanwhile, it is not clearPage 122 of 32396). 11 . Transport, Communications & Climate Change

Policy LP 37

Climate change, carbon reduction and sustainable energy (2011-2031)

The Council will support development proposals which contribute towards mitigation, and adaptation to climate change, particularly to achieve energy use reduction, energy efficiency, and deliver renewable and decentralised energy Consultation which helps towards achieving national targets to reduce carbon emissions. Public

New residential development will meet the full Code for Sustainable Homes (CSH) for standards arising from updates to Part L of the Building Regulations and will be Plan encouraged to exceed this standard where viable and feasible. Local All new non-residential developments over 1000 square metres will be required to achieve the 2013 Building Research Establishment Environmental Assessment Luton

Method (BREEAM) “Excellent” standard or equivalent. Draft

Planning applications for all types and sizes of development will need sufficient supporting information in order for the local planning authority to assess how proposals meet the following requirements:-

A) Energy Hierarchy

1. reduce energy demand through passive design, insulation, and efficiency measures; 2. meet and potentially exceed the carbon reduction requirements set in the Building Regulations Part L in force at the time of the application; 3. generate energy from low and zero carbon sources on site; and 4. supply energy efficiency through decentralised energy generation;

B) Decentralised Energy

1. scope for development proposals to use density, layout, mixed use, phasing and design in order to make use of available heat, biomass and waste heat, helping to contribute towards the establishment of a strategic decentralised energy network(s) in suitable locations; 2. scope to connect up to any available decentralised energy network or for installing a network to serve the site compatible with any future area wide network by prioritising Combined Heat and Power as an energy source; and 3. demonstrate that the development’s energy strategy is compatible with connection to a future network

C) Allowable solutions 95 1. where on-site renewable or decentralised energy solutions are necessary to achieve the required CoSH or BREEAM standard but are not achievable, provision should be made for ‘off-site carbon reduction measures' i.e. ‘allowable solutions’ such as investments in local carbon reducing retrofitting schemes or any ring fenced boroughPage 123‘community of 323 energy fund’ delivering local 11 . Transport, Communications & Climate Change

Draft strategic carbon reduction schemes regulated by any future supplementary

Luton planning document.

Local Major Development (10 or more net residential units and / or non-residential over 1,000 m2 net GIA floorspace) are required to submit the following alongside Plan a planning application: for Energy Statement outlining how the principles outlined above have been Public integrated into the design of the development; and

Consultation CoSH pre-assessment and renewable energy technologies indicated on site-plans and arrangements for compliance monitoring.

Minor Development including conversions, refurbishment and extensions (less

(2011-2031) than 10 net residential units and / or under 1,000 m2 net GIA non-residential floorspace) are required to submit the following alongside a planning application:

Energy statement or energy information included in Design and Access Statement; and Renewable energy technologies indicated on site-plans.

Pollution and Contamination The town has chalk aquifer ground source protection zones and the Strategic Objectives River Lea - all of which are sensitive to potential development and 11.4 Strategic Objective 2: To utilise building operations and commercial Luton’s economic, social and and industrial activities and environmental resources efficiently and processes which may give rise to sustainably within the limited physical pollution; land capacity of the borough. The town also has two Air Quality Management zones one based near 11.5 Strategic Objective 11: To the airport and one adjacent to the safeguard and ensure the prudent use of M1 corridor. natural resources, increase energy and water efficiency and encourage and Why we have taken the preferred promote the use of renewable energy policy approach sources to help adapt to climate change, and manage pollution and natural and Government policy requires land use operational hazards, avoid development plans to include inappropriate development in areas at policies to minimise waste and risk of flooding, secure improvements in pollution (NPPF para 7 bullet 3; para air and water quality and ensure 17 bullet 7) effective waste management. preventing both new and existing 96 development from contributing to Key Issues or being put at unacceptable risk from, or being adversely affected by The borough has an industrial legacy unacceptable levels of soil, air, and many brownfield sites could water or noise pollution or land harbour contaminants; Page 124 of 323instability; and remediating and mitigating despoiled, degraded, 11 . Transport, Communications & Climate Change

derelict, contaminated and unstable 109). land, where appropriate (NPPF para (2011-2031) Policy LP 38

Pollution and Contamination Consultation Pollution Public

Development proposals will be expected to demonstrate that they do not for

individually or cumulatively have an adverse impact on either neighbouring Plan development, adjoining land or the wider environment. This policy applies to pollution to of air, land and water, from any source, and specifically includes Local including chemical, biological and radiological contamination, and the effects of noise, vibration, light, heat, fluid leakage, dust, fumes, smoke, gaseous emissions Luton

or explosion. Draft

Development should provide for the satisfactory disposal of surface and waste water, and should not be detrimental to the management and protection of water resources.

Development proposals must ensure that there will be no unacceptably adverse impact upon the amenity and enjoyment of adjoining land or neighbouring development by way of the loss of sunlight, daylight, outlook or privacy.

Contaminated land

For proposals on contaminated land a site assessment must be carried out under the terms of Environmental Protection Act 1990: Part 2A to establish the full nature and extent of the contamination.

Contaminated land is used to describe land polluted by:

heavy metals like arsenic, cadmium and lead; oils and tars; chemical substances and preparations, eg solvents; gases; asbestos; radioactive substances but may include other hazardous matter of chemical or biological origin.

It is defined as land where substances could cause: 97 significant harm to people or protected species significant pollution of surface waters or groundwater (including Source Protection Zones).

If contamination is found, remediation measures are to be agreed by the Council Page 125 of 323 with reference to the Contaminated Land Statutory Guidance (April 2012), that 11 . Transport, Communications & Climate Change

Draft such measures are carried out on site where this is viable and that such measures

Luton are completed prior to development.

Local Planning permission will be granted for the development or reuse of land which is unlikely to be affected by contamination , but not for schemes which could: Plan expose the occupiers of the development, or users of domestic gardens or for neighbouring land to an unacceptable risk; or Public threaten the structural integrity of any existing or proposed building on, or

Consultation adjoining, the site; or lead to the contamination of any watercourse, water body or aquifer; or cause the contamination of adjoining land or allow the contamination of the development site to continue. (2011-2031)

98

Page 126 of 323 12 . Infrastructure Delivery and Monitoring the Local Plan

12 Infrastructure Delivery planning Obligations through the Community Infrastructure and Monitoring the Local Plan regulations 2010. Luton Borough Council has already pooled more (2011-2031) Infrastructure and Developer than 5 contributions for all types of Contributions infrastructure provision so the existing tariff-based system will stop Consultation Strategic Objectives: in April 2015 and any new s106 will have to apply to and on-site The Local Plan policy on Infrastructure Public contribution and satisfies the Reg Delivery and Developer Contributions for 122 test of the Community

needs to help deliver the following linked Plan Infrastructure regulations 2010; objectives:-

To implement a Community Local Strategic Objective 2: To utilise Luton’s Infrastructure Levy (CIL). Currently economic, social and environmental recent viability testing suggests CIL Luton resources efficiently and sustainably is only marginally viable and will not Draft within the limited physical land capacity provide significant contribution to of the borough. the infrastructure deficit. As an authority Luton Borough Council has Strategic Objective 5: Reduce social, successfully received central economic and environmental deprivation, government funding for particularly where it is spatially infrastructure provision. CIL will concentrated, by taking priority need to be revisited when viability measures to reduce unemployment, suggests market conditions have improve skills and education and renew improved enough for housing, community and environmental implementation; conditions. Implement Compulsory Purchase Powers for infrastructure provision Strategic Objective 6: To enable new which can be resource demanding community and educational facilities to and lengthy. This power will be used be delivered and expanded to meet the as a last resort, because the needs of a growing and diverse borough. Council's preferred approach to any land assembly will be through Strategic Objective 7: Improve negotiation; accessibility, connectivity, sustainability To rationalise Public Sector Assets and ease of movement to, from and which is again a lengthy process, within the borough. political and generates pressure from competing services within the Strategic Objective 9: Improve the local Authority; quality and accessibility of green space and nature, whilst protecting and Planning Conditions will need to be enhancing biodiversity. more focused and there could be more reliance on these as the Key Issues traditional s106 tariff-based system is wound down. Planning conditions 99 The key infrastructure delivery and are generally preferred to planning development contributions issues to obligations as they are a simpler address over the plan period 2011-2031: mechanism; SEMLEP can provide sub regional Page 127 of 323 The CIL regulations applying to the funding through a bidding process pooling of more than 5 separate S106 12 . Infrastructure Delivery and Monitoring the Local Plan

Draft which requires multi-council decision-taking. Plans should be support; deliverable. Therefore, the sites and Luton Central Government funding through the scale of development identified

Local DfT and CLG maybe reduced so more in the plan should not be subject to schemes may need to go through such a scale of obligations and policy Plan approval systems such as the burdens that their ability to be

for National Infrastructure Scheme developed viably is threatened. To

Public process which is resource ensure viability, the costs of any demanding. Also the loss of the New requirements likely to be applied to

Consultation Homes Fund being siphoned off to development, such as requirements LEPS is another revenue stream for affordable housing, standards, reduction; infrastructure contributions or other Pressure from permitted requirements should, when taking (2011-2031) development rights including office account of the normal cost of conversions not contributing to development and mitigation, provide infrastructure provision. competitive returns to a willing land owner and willing developer to Policy Justification: enable the development to be deliverable”; The following documents have been used 2010 Community Infrastructure Levy as sources of evidence in developing the Regulations as amended 2011/12/13 policy to ensure robustness: regulation 122 and 123; Community Infrastructure Levy Paragraph 173 of the NPPF identifies Guidance April 2013 paragraph 92; the need for Local Plans to be PAS – A steps approach to deliverable paying particular regard infrastructure planning and delivery to viability. It states “Pursuing June 2009; sustainable development requires careful attention to viability and National Planning Policy Guidance costs in plan-making and Consultation document Sep/Oct 2013 paragraph 17.

Policy LP 39

Infrastructure and Developer Contributions

The Local Planning Authority will support development proposals which provide or contribute towards the infrastructure and services needed to support them, which will be delivered using the following approach:

testing the capacity of existing infrastructure and where there is insufficient capacity securing the timely provision of improvements or additional provision; 100 infrastructure provision or improvements should be provided on-site as an integral part of a development, wherever possible and appropriate;

Page 128 of 323 12 . Infrastructure Delivery and Monitoring the Local Plan

where off-site measures are needed, or on-site provision is not possible, planning obligations will be needed to secure the necessary provision or a financial contribution towards provision; (2011-2031) where a contribution towards other infrastructure improvements or provision is needed and viable this will be achieved through planning obligations, planning conditions and / or Community Infrastructure Levy. Consultation Any on-site provision or financial contribution should: Public meet the reasonable costs of provision to support the development or offset for its impact; and be related to the size and type of each development and the nature of the Plan improvements required; and Local take account of the cumulative impact of requirements on the viability of

development, especially where the development meets a particular local Luton need or provides particular benefits. Draft The Local Planning Authority will support the improvement or development of locally and regionally important infrastructure where needed to serve existing or new development required through this Plan, or to secure long term supply, provided that the need for such facilities is consistent with other policies within this Plan. An Infrastructure Delivery Plan (IDP) will be regularly updated and published setting out the programme for infrastructure projects in the borough including estimated costs, funding sources, phasing of delivery and delivery responsibility.

Linkages to IDP As part of the Sustainability Appraisal of the draft Plan draft indicators will be The Monitoring Strategy suggested which, if adopted, will form the core of the monitoring indicators. The monitoring chapter of the Luton These will be added to by the use of Local Plan 2011-2031will be existing nationally or locally available comprehensively written for the datasets in line with the principle of Pre-submission (Regulation 19) draft of count once, use many times. the Plan. This will contain a monitoring strategy, a list of indicators and the The indicator clusters will in turn be justification for their selection. reported within the Authority's Monitoring Report (AMR). It is the aim The key aim of the strategy will be to of this document to tell the local story provide a regular test of whether the of what is being provided and where. It local strategic objectives of the Plan are will also report on the local context over being met or some harm is being a range of topics, including housing and 101 inadvertently caused. This will be employment. In writing the AMR achieved through the use of clusters of particular attention will be paid tot he indicators that together provide a full PAS guidance document, Monitoring that understanding of the outcomes of the matters: towards a better AMR. Plan, relative to each of the strategicPage 129 of 323 objectives. Appendix 1 Glossary

Draft Appendix 1 Glossary Luton Local Affordable Housing Housing that is accessible to households who cannot afford Plan to rent or buy homes generally available on the open market.

for It includes social rented and intermediate tenures.

Public Intermediate housing is housing at prices or rents above those of social rent but below market prices or rents Consultation Amenity A positive element or elements that contribute to the overall character or enjoyment of an area. For example, open land, trees, historic buildings and the relationship between them,

(2011-2031) or less tangible factors such as tranquillity.

Authority Monitoring An Authority Monitoring Report is prepared by councils and Report (AMR) can include data reported on line as it emerges over a year as well as a report assessing progress with and the effectiveness of the Local Plan and its documents

Aquifer The special underground rock layers that hold groundwater, which are often an important source of water for public water supply, agriculture and industry

Area of Outstanding An area with a statutory national landscape designation, the Natural Beauty primary purpose of which is to conserve and enhance natural (AONB) beauty. Together with National Parks, AONBs represent the nation’s finest landscapes (Countryside & Rights of Way Act 2000). AONBs are designated by Natural England. Luton lies within the northern end of the Chilterns AONB, which was designated in 1965. Whilst little of the designated area lies within the borough boundary, it needs to be recognised that development within the town can have an impact on the AONB beyond.

Area of Great This was a previous local policy designation to conserve the Landscape Value natural beauty of locally recognised landscapes of importance (AGLV) considered to be of similar landscape quality (but of less weight to AONBs) or having a specific local character. However, AGLV policy was abolished with Structure Plans by the government, and local authorities must undertake Landscape Character Assessments in order to designate and protect areas of 'local landscape importance' (see LLI). Former AGLV designations existed on attractive and rare chalk 102 downland at Dallow Downs and the escarpment near Bradgers Hill. Two areas between the borough boundary and the southern edge of London Luton Airport were similarly designated as part of a larger locally important landscape area extending south into Hertfordshire along the Lea Valley. Page 130 of 323 Appendix 1 Glossary

B1 – B8 use classes A ‘use class’ is the grouping together of similar land uses. B1 is Business, which includes offices, research and development, light industry appropriate in a residential area; (2011-2031) B2 is General Industrial (excluding incineration, chemical treatment, landfill or hazardous waste); B8 is Storage or Distribution, which includes open air storage Consultation Biodiversity The variety and range of plant and animal life, encompassing

genetics, species and ecosystems Public

Car Club An arrangement, usually provided by a commercial for

organisation, whereby residents who are Car Club members Plan can hire a vehicle parked in their area at discounted rates for short or long periods Local

Car Sharing Where people who are travelling to the same or nearby Luton

destinations share a vehicle. This can be either through Draft informal arrangements between colleagues or through a formal database such as ‘Liftshare’. Some employers offer this

Brownfield land A term for land that has been previously developed with a permanent structure

Building Research Commonly abbreviated to BREEAM. A tool to measure the Establishment environmental performance of new and existing Environmental non-residential buildings. It is regarded by the UK’s Assessment Method construction and property sectors as the measure of best practice in environmental design and management and is a voluntary standard.

Chilterns AONB See AONB

Coalescence The merging or coming together of separate towns or villages to form a single entity

Community Strategy A strategy prepared by a local authority to improve local quality of life and aspirations, required under the Local Government Act 2000

Conservation Area An area of special architectural or historic interest, including groups of buildings, and which needs its character or appearance to be protected, preserved or enhanced

Conurbation A large urban sprawl, often densely populated, formed by the growth and coalescence of individual towns or cities 103 County Wildlife Site Areas of land that are important for their wildlife. They are (CWS) locally designated following assessment of the quality and value of potential sites by a panel of specialists according to criteria from Natural England and DEFRA Page 131 of 323 Appendix 1 Glossary Draft Demand Management The application of strategies and policies to reduce car travel

Luton demand, or to redistribute it

Local DEFRA Department of Forestry and Rural Affairs

Plan Density A measure of the intensity of the use of land. For houses, it is calculated on the basis of the number of dwellings per for hectare Public Evidence Base The information and data gathered by local authorities to Consultation justify the “soundness” of the policy approach set out in the Local Plan. It includes studies of the physical, economic and social characteristics of an area

(2011-2031) Flood Risk An assessment of the likelihood of flooding in a particular Assessment (FRA) area so that development needs and mitigation measures can be carefully considered

Green Belt A designation of land around certain cities and built up areas which aims to keep this land permanently or largely undeveloped. The purposes of the green belt is to check unrestricted sprawl, prevent neighbouring towns from merging, safeguard countryside from encroachment and preserve the setting and special character of historic towns. Green belts are defined in a local planning authority’s development plan

Greenfield Land Land or a site, usually farmland that has not previously been developed and include allotments.

Green Space Accessible Green Space is accessible to the local community (see Open Spaces Strategy) and Green infrastructure (See Green Infrastructure Strategy) can include accessible green space and private green space. Typologies which come under Green Space can include:-

• Parks and gardens, providing accessible high quality opportunities for informal recreation and community events.

• Natural and semi-natural green spaces, including urban woodland and trees, providing opportunities for wildlife conservation and biodiversity.

• Green corridors, which can be used for walking, cycling or 104 horse riding, and giving opportunities for wildlife migration. • Outdoor sports facilities, which encourage participation in sports such as football, rugby, tennis, bowls, golf and athletics.

Page 132 of 323 Appendix 1 Glossary

• Amenity green space, giving opportunities for informal activities close to home or work and enhancing the appearance of residential areas. (2011-2031)

• Provision for children and young people, designed for play and social interaction. Consultation • Allotments and community gardens, giving opportunities

for those people who wish to do so to grow their own produce. Public for • Cemeteries, giving opportunities for quiet contemplation

and promoting wildlife conservation Plan Local Guided Busway Buses which are steered for part or all of their routes by external means, usually on a dedicated track Luton

Gypsies and The Gypsy and Traveller accommodation needs are assessed Draft Travellers as part of housing need and enables sites to be identified in order to meet the current and future housing needs for this specific group which includes travelling showpeople

Hectare A unit of land equivalent to 10,000 square metres. One Hectare is approximately equal to 2.47 acres

Highways Agency An executive agency of the Department of Transport. The Highways Agency is responsible for operating, maintaining and improving the strategic road network of England

Historic Parks and A park or garden of special historic interest. Grade I, II* or II Gardens as designated by English Heritage

Index of Multiple This calculates the level of deprivation of a ward using a set Deprivation (IMD) of indicators focussing on: income, employment, health & disability, education, skills & training, barriers to housing & services, living environment and crime. It is used to help identify areas for regeneration

Infrastructure A general term used for the basic facilities, services and installations needed for the functioning of a community such as water, sewage, electricity, schools, post offices, airports, roads, and other utilities.

Key Diagram A diagram illustrating the spatial strategy of a local planning authority’s Core Strategy

Local Development The local planning authority’s programme or timing for the 105 Scheme (LDS) preparation of Local Development Documents

Local Landscape Former Area of Great Landscape Value (see AGLV) policy Importance (LLI) was abolished with Structure Plans by the government, and local authoritiesPage 133must ofundertake 323 Landscape Character Assessments in order to designate and protect areas of 'local Appendix 1 Glossary Draft landscape importance'. Former AGLV designations existed on

Luton attractive and rare chalk downland at Dallow Downs and the escarpment near Bradgers Hill. Two areas between the

Local Borough boundary and the southern edge of London Luton Airport were similarly designated as part of a larger locally Plan important landscape area extending south into Hertfordshire

for along the Lea Valley. Within Luton these areas are retained

Public as of 'local landscape importance' (LLI). Additional LLI are the Hart Hill area part of a steep hillside rising above the Consultation River Lea characterised by mature trees (a significant landscape feature visible from much of the southern part of the town) and Stockwood Park, a large area of eighteenth century ‘romantic’ landscaping (prominent from the M1 (2011-2031) motorway and providing a quality southern approach to the town).

Local Plan The plan produced by the local planning authority under the current localism Act (and Plan making regulations) which can comprise of a document with a key diagram, policies map and a list of policies with supporting text setting out how much, when and where development will take place e.g. housing, employment, infrastructure such as transport and delivery of strategic allocations of land for such purposes

Local Strategic Non-statutory and multi-agency partnerships brining together Partnership (LSP) at a local level different parts of the public, private and voluntary sectors, allowing different initiatives and services to support one another so that they can work together more effectively with one key objective to improve quality of life in that area

Local Transport This strategy is prepared under the guidance of the Transport Plans (LTPs) Act 2000, setting out the transport strategy for the district for improving local transport

Luton Dunstable A guided busway operating along a former disused railway Busway line linking Luton town centre with Dunstable and Houghton Regis town centres

Master Plans Sets out the proposals for space and land-use and matches these to a framework for investment and implementation

Mixed Use Provision of a mix of complementary uses, such as residential, community and leisure uses, on a site or within a particular 106 area Modal Shift The process of encouraging people to move from one transport method (e.g. the car) to another (e.g. buses).

National planning The government has set out its key planning principles and Policy Framework policies in aPagenational 134 frameworkof 323 to guide preparation of Local Plans and development management decisions. Appendix 1 Glossary

Pre-Submission A schedule setting out the consultation responses received Consultation during a statutory consultation period on the local Plan Statement (2011-2031)

Previously Developed Land which is or has been occupied by a permanent structure or “Brownfield” Land and associated fixed-surface infrastructure (PDL) Consultation

Policies Map Illustrates the spatial extent of policies of a Local Plan. Public

Real Time Electronic display giving up-to-the-minute information about for

public transport arrivals and departures Plan

Regeneration The economic, social and environmental renewal and Local improvement of urban and rural areas Luton Regional Spatial Regional Plans which were abolished by the Coalition Strategy / East of Government in 2012/13 Draft England Plan

Registered Common Luton contains two parks that English Heritage has included Land and Access on its ‘Register of Parks and Gardens of Special Historic Land Interest in England’. They are Wardown Park to the north of the central area, and Putteridge Bury on the north east edge of the town, which lies mostly within Hertfordshire. Such parks are considered by English Heritage to make a significant contribution to the richness of the local scene in terms of green space and nature conservation. Inclusion on the list requires Local Authorities to make provision for the protection of the historic environment in their policies and their allocation of resources.

Registered Parks and Three areas of Registered Common Land exist within the Gardens Borough of Luton. These are The Moor, which is a relic of the ancient Great Moor, which served as the sole recreational space for Lutonians until the 1860s, and Bell's Close and Pope's Meadow, which were granted to the town as compensation for the loss of part of the Great Moor following construction of the Midland Railway. These became part of People's Park, which was the first public park to be created in Luton. Each of these sites has historic heritage, landscape and biodiversity value, and are registered as Commons under the Commons Act (1965) and as Access Land under the CROW Act (2000)

Renewable energy Renewable energy is from sources that occur naturally and repeatedly in the environment, for example from the wind, 107 water flow, tides or the sun

Section 106 Legal agreements between a planning authority and a Agreements developer, or undertakings offered unilaterally by a developer,Pagethat ensure135 of that323 certain extra works related to a development are undertaken Appendix 1 Glossary Draft Sites of Special These are statutorily protected sites which comprise the

Luton Scientific Interest country's best wildlife and geological sites (SSSI) Local Spatial Planning Spatial planning goes beyond traditional and use planning to Plan integrate policies and programmes which influence the nature

for of places and how they can function, such as delivering

Public sustainable development.

Statement of The Statement of Community Involvement sets out the Consultation Community processes to be used by the local authority in involving the Involvement (SCI) community in the preparation, alteration and continuing review of all local development documents and development

(2011-2031) control decisions

Strategic Housing An assessment of land for housing to demonstrate that the Land Availability local authority has a continuous 5 year supply of deliverable Assessment (SHLAA) sites for housing and a 15-year supply of potential sites for housing

Strategic Housing Sets out the local authority’s objective housing needs split Market Assessment by tenure (e.g. social rented housing, intermediate housing (SHMA) and market housing) and is output according to local authority and housing market areas. It promotes an approach to assessing housing need and demand

Strategic Allocations A site over a certain size threshold identified in the Local Plan and allocated on the policies map for development of a certain use or mix of uses

Supplementary Elaborates on policies or proposals in the Local Plan and gives Planning Documents additional guidance (SPDs)

Sustainability The SA/SEA is central to the planning system. It’s aim is to Appraisal / Strategic take an objective view of sustainable development through Environmental the integration of social, environmental and economic Assessment (SA/SEA) considerations

Sustainable A document produced by the local authority and key local Community partners, which sets out the long-term vision for the town. Strategy(SCS) The Local Plan is a key implementation tool for some of the objectives of the SCS

Sustainable A sustainable community is an organic vibrant environment 108 Communities where people will want to live and work now and in the future

Sustainable The purpose of the planning system is to contribute to the Development achievement of sustainable development. There are three dimensions to sustainable development: economic, social and Page 136 of 323 Appendix 1 Glossary

environmental. Sustainable Development according to Resolution 42/187 of the UN General Assembly is: meeting the needs of the present without compromising the ability (2011-2031) of future generations to meet their own needs.

Sustainable Drainage A system for dealing with surface water run-off, encouraged Systems by the Environment Agency Consultation

Town and Country The formal Government regulations that define how the LDF Public Planning (Local is produced for

Development) Plan (England) Regulations 2012 Local

Transport Hub or Is a location where passengers can change to different modes Luton Mode of transport Draft

Travel Plan Is a package of actions designed by a workplace, school or other organisation to encourage safe, healthy and sustainable travel options

Urban Extension Involves the planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well-planned infrastructure including access to a range of facilities, and when developed at appropriate densities

109

Page 137 of 323 Appendix 2 Parking and Cycling Standards

Draft Appendix 2 Parking and Cycling Standards Luton Car and Cycle Parking Standards Local Maximum Car Parking Standards Plan for Public Use Description Standard (Maxima)

Consultation Class

A1 Retail - Food (over 1,000 sq Standard to be considered on individual m) merits, subject to Council approval

(2011-2031) A1 Retail - Non-Food (over 1,000 sq m)

A1 General Retail (under 1,000 sq m)

A2 Offices (Business & 1 space per 30 sq m Professional)

A3 to A5 Cafes, Restaurants, Public 1 space per 30 sq m Houses, Wine Bars etc B1 Business Use 1 space per 30 sq m

B2 Industry 1 space per 30 sq m

B8 Warehousing, Storage & 1 space per 50 sq m (to be changed to: or General Distribution: 1 space for full time equivalent staff. Whichever is lower

C1 Guest Houses/Hotels 1 space per bedroom + appropriate standards for ancillary uses + 1 per 2 full time equivalent staff parking

C2 Hospitals Will need to reflect current hospital provision - consultation needed

C2 Nursing Homes Space as follows:

7 - 10 residents - 4 110 11 - 15 residents - 5 16 - 20 residents - 6

21 - 25 residents - 8

26 - 30 residents - 10 Page 138 of 323 + 1 space per bedroom for live-in staff Appendix 2 Parking and Cycling Standards

Use Description Standard (Maxima) Class

C3 Dwellings (2011-2031)

4+ bedrooms 3 spaces per dwelling (or lower depending on accessibility) Consultation 2/3 bedrooms 2 spaces per dwelling (or lower depending on accessibility) Public 1 bedroom 1 space per dwelling (or lower depending for

on accessibility) Plan

C3 Sheltered Housing 1 space per dwelling (to be changed to: Local

1space for the house manager Luton

0.19 for 1 bedroom Draft

0.44 for two bedrooms

0.08 spaces per apartment for visitors

D1 Secondary Higher/Further 1 space per 2 staff Education Establishments and Adult Training Centres + 1 space per 15 students (total, not full time equivalent) on all developments

D1 Medical & other health 4 spaces per consulting room + 1 space per practices 2 staff

D1 Pre-school Play and Nursery 1 space per 2 staff Provision, Primary Schools

D2 D2 Uses not individually listed Standard to be considered on individual below merits, subject to Council approval D2 Cinemas and Theatres

D2 Conference Facilities

D2 Sports Stadia (with over 1,500 seats)

SG Hostels and HMOs 1 space per bedroom to be changed to: 1 space per 4 rooms and in any case not more than existing provision if converted from a dwelling 111

SG Launderettes 1 space per 30 sq m

SG PHV Offices 1 space per 30 sq m + 1 space per 2 cars based at premises Page 139 of 323 Appendix 2 Parking and Cycling Standards

Draft General notes

Luton 1. For those developments where there is no adopted parking standard, the amount of parking required will be determined by the Council having regard to the Local transportation policies and objectives set out in this Local Plan.

Plan 2. The standards set out above will be the maximum permitted in new developments in Luton. However, in accordance with Policy T13 of this Local Plan, the Council for will limit parking for new development in the central area to that which is Public essential for operational purposes, and may seek to reduce the maximum standard

Consultation in other areas highly accessible by public transport. 3. The minimum size of a standard parking bay is 2.4m x 4.9m. 4. The floor space in all cases refers to the gross (external) floor area. 5. For mixed-use schemes, the parking requirement will be calculated separately (2011-2031) for each use. 6. Where developments require servicing by goods vehicles, sufficient space for their standing and maneuvering should be provided. Schemes should be designed to allow vehicles to enter and leave the site in forward gear. 7. In all uses likely to generate coach traffic, e.g. hostels, education establishments, sports facilities and theatres, schemes should provide adequate off-street facilities for coaches, including picking-up and setting-down points, manoeuvring space and parking spaces. Schemes should be designed to allow vehicles to enter and leave the site in forward gear. 8. Disabled parking spaces: In all developments providing 5 or more car parking spaces, a minimum of 1 bay or 5% of the total capacity (whichever is greater) should be designated and reserved for disabled users. Spaces should be a minimum of 3.6m x 4.9m and conveniently located close to the entrance of buildings.

Minimum Cycle Parking Standards

Use Description Standard (Minima) Class

A1 Retail - Food (up to 250 sq m) 1 space per 5 staff

A1 Retail - Food (250 - 500 sq m) 1 space per 10 staff

A1 Retail - Food (500 - 1,000 sq m) 1 space per 10 staff + 1 space per 250 sq m A1 Retail - Food (over 1,000 sq m) 1 space per 10 staff + 1 space per 150 sq m

A1 Retail - Non-Food (under 1,000 1 space per 10 staff (on site at one time) 112 sq m)

A1 Retail - Non-Food (over 1,000 1 space per 10 staff (on site at one time) sq m) + 1 space per 350 sq m

C3 Residential - blocks of flatsPage 1401 ofspace 323 per unit for the first 10 units; 1 space per 5 units for the remainder Appendix 2 Parking and Cycling Standards

Use Description Standard (Minima) Class

D1 Infant/Primary schools 1 space per 4 staff (on site at one time) (2011-2031) + 1 stand (mix of cycle and scooter parking per 4 pupils/students (on site at one time) Consultation

+ 1 stand (mixture of cycle and scooter parking) per 4 pupils/students (on-site at Public one time) for Plan D1 Secondary Schools/Higher & 1 space per 10 staff

Further Education Local Establishments/Adult Training Centres Luton Draft Other non-residential Cycle parking for the public to be agreed developments attracting with the Council, in addition to staff significant numbers of the parking in accordance with the above public standard

113

Page 141 of 323 Appendix 3 Employment Sites: Categories A & B

Draft Appendix 3 Employment Sites: Categories A & B Luton List of Key Employment Areas Category A Local Plan

for Name Description Public Cosgrove Way 10.1 ha Large site with high profile beside the M1 near

Consultation Junction 11 but limited access via rural roads; large, reasonably modern units and low vacancy. B1(a), B1(c), B2, B8

(2011-2031) Premier Business Park 1.6 ha Very modern units in well landscaped site with ample parking provision, in prominent industrial location. B1(a), B1(c),B8

Prospect Way 6.2 ha Employment Area High profile location beside London Luton Airport and on A505 with relatively modern office units and no obvious vacancy. B1(a), B1(c)

Sundon Business Park 2.6 ha Limited access to M1 J11 via rural roads but well maintained, managed site in established industrial location with modern units and no vacancy. B1(a), B1(c), B8 22

Willowgate Trading 2.3 ha Medium sized site with M1 access via rural roads Estate and mix of modern and older units in established industrial location and with no vacancy. B1(c), B2, B8 22

Percival Way Industrial 6.3 High profile location on A505 beside London Luton Area Airport with good public transport, moderate units and environment but low vacancy. B1(a), B1(c), B2, B8

Airport Executive Park 3.7 ha Medium sized site with high profile location next to London Luton Airport; access off A505 with units in good condition, good environment and low vacancy. B1(a), B1(c), B2, B8

Sedgwick Road/ 13.6 ha Very large site with mix of modern/refurbished Progress Way units in prominent industrial location. Limited access to M1 via rural roads but low vacancy. B1(a),B1(b), B1(c), B2, B8

Sundon Industrial 2.5 ha Limited access to M1 J11 via rural roads and with Estate older industrial units in good condition but in established industrial location with low vacancy B1(a), B1(c), B2, B8 114 Barratt Industrial Park 3.5 ha Well connected site near airport and on A505 with fairly modern units, and no obvious vacancy. B1(a), B1(c), B2, B8

Butterfield Green 37.3 ha Very large site with prominent frontage onto the Technology Park A505, goodPagequality 142 ofenvironment 323 and very modern, good Appendix 3 Employment Sites: Categories A & B

Name Description

quality buildings with low vacancy but relatively remote location and much land available. B1(a), B1(b), B1(c) (2011-2031)

Commerce Park 3.6 ha Relatively close to the M1 Junction 11 with increasing profile and accessibility due to its location beside guided bus route; fairly modern units with low vacancy B1(a), B1(c), Consultation B2, B8 Public

Dencora Way 1.8 ha Poorer road links to M1 but in well established for

Employment Area employment area with well maintained if older units in Plan good environment and low vacancy. B1(a), B1(c), B2, B8 Local Osbourne Road 7.0 ha Large site on A505 with modern buildings and good

Employment Area environment occupied by single company with ample parking Luton provision and adequate public transport access. B1(a) Draft Craddock Road 5.0 ha High profile site near A505 and close to M1 Junction 11 with larger modern units and low vacancy. B1(a), B1(c), B2, B8

Dalroad Employment 5.7 Near M1 J11 via A505 with some large, modern units on Area a spacious site with low vacancy B1(a), B1(c), B2, B8

Finway Industrial 6.8 ha Large site near M1 J11 via A505 with reasonably Estate modern units in good condition in well-established industrial location and low vacancy. B1(a), B1(c), B2, B8

Greenwood Court 0.42 ha Small site in low profile residential area but Industrial Area reasonably modern small units with no vacancy and good public transport access. B1(a), B1(c), B8

Selbourne Road 4.17 ha Near M1 J11 but via busy residential roads; limited Industrial Area public transport and mixed stock of units and lower quality environment but low vacancy. B1(a), B1(c), B8

Wigmore Employment 42.6 ha Very large undeveloped site, near airport but with Area/ Century Park no good road access and remote from services and labour. B1(a), B1(b), B1(c), B2, B8

List of Intervention Employment Areas Category B

Name Description 115

Napier Park 26.2 ha Very large site near airport with good access to M1 and A505 and close to large employment area. Distant from the town centre, but near Luton Airport Parkway Railway Station. Steeply sloping site but withPagehigh 143profile of 323and beside established employment uses. Mixed use including B1 Appendix 3 Employment Sites: Categories A & B Draft Name Description Luton Plaza 668 0.35 ha 1970s refurbished office block beside A505 and Stopsley

Local district centre. Good road access and adequate parking. No sensitive adjoining uses and building in good condition with low vacancy. B1 Plan offices for Midland Road 1.2 ha Medium sized industrial site on edge of town centre near Public railway station and with good local road access although not to strategic routes. Borders High Town Conservation Area but with no Consultation sensitive uses nearby. Good quality 1980s buildings and fully occupied. B1/B8

(2011-2031) Caleb Close 1.5 ha Self-storage unit and cleared site reasonably close to M1, good local road access and public transport nearby along with local services. residential uses adjoining on several sides but storage unit reasonably modern and occupied. B1-B8

Burr Street 0.8 ha Medium sized industrial site in an established industrial location near Luton rail station and town centre transport and services. Good local road access to site with adequate on-site parking and service yard areas. Good quality units on site and all occupied

Eaton Green 2.3 ha Undeveloped car park site in high profile location beside Road London Luton Airport with good access to A505/M1, with good public transport and close to local services. Separated from residential areas but close to airport noise. B1-B8

Power Court 7.2 ha Large industrial estate with good access to A505 and very good public transport access but served by busy town centre roads ad with some adjoining residential. Contains older industrial units all vacant and awaiting redevelopment for mixed use, which could include some offices. A1/B1/C3

Beechwood 1.5 ha Warehouse site reasonably close to M1, good local road Road access and public transport nearby along with local services. Residential uses adjoining on two sides. Contains vacant warehouse unit in good condition that is being marketed and could future needs. B1-B8

Taylor Street 0.2 ha Small vehicle repair site in cluster of employment uses on (1) edge of town centre. Adequate local road access and proximity to public transport. 1970s premises in good condition and fully 116 occupied. Adequate to meet local needs. B1 York Street (1) 0.2 ha Small vehicle repair site in cluster of employment uses on edge of town centre. Adequate local road access and proximity to public transport. 1970s premises in good condition and fully occupied. Adequate to meet local needs. B1 Page 144 of 323 Appendix 3 Employment Sites: Categories A & B

Name Description

York Street (2) 0.1 ha Plant hire site on edge of town centre with limited local road access as access to Hitchin Road is restricted resulting in (2011-2031) circuitous route via Taylor Street and Brunswick Street. Contains 1970s buildings in reasonable condition and open storage within employment cluster and largely occupied. B1-B8 Consultation

Collingdon & 0.09 ha & 0.1 ha The two sites are located in mixed area within Liverpool Road town centre. Reasonable local vehicle access with town centre Public public transport nearby but only the Liverpool Road site has for

adequate on site parking, 1980s office premises in good condition Plan and occupied. B1/ mixed use Local Brunswick 0.32 ha Medium sized site occupied by 1890s office building and Street attached warehouse/storage shed, all in good condition and Luton

occupied. Good local road access although distant from strategic Draft routes and access to town centre public transport and services. Within established industrial area and appears to function adequately. B1/B8

Albion Road 0.2 ha Small edge of centre site with good local road access and public transport and town centre services. Adjoined by commercial uses with residential estate across road. Contains older units in reasonable condition and fully occupied. B1/C3

Hitchin Road 0.04 ha A small site in industrial area used for vehicle repair. Reasonable local road access but no off street parking. Near new three storey block of flats but separated by road. Older building in poor condition but occupied and meets local needs. B1/C3

Midland Road Small Site 0.04 ha Very small car park site on edge of town centre (2) near railway station and with good local road access although not to strategic routes. Adjoins residential use and new development. Potential for increased profile if regeneration around the station occurred. B1/mixed use

Britannia 4.5 ha Large managed estate with a good profile with 1940s Estate refurbished buildings in reasonable condition. Reasonable road access and some on-site parking. No sensitive immediately adjoining uses. Appears largely occupied and meets needs for small units. B1

Concorde 0.1 ha Edge of centre small office site with good local road access, Street limited parking on site but good access to public transport. Close to local services and within employment cluster with small amount 117 of residential development adjoining. Low profile office location but reasonable quality building and no vacancy. B1

Taylor Street 0.1 ha Small vehicle repair site in employment area near town (2) centre. ReasonablePageroad 145access of 323but no on-site parking, but near Appendix 3 Employment Sites: Categories A & B Draft Name Description Luton NCP car park. No sensitive uses adjoining but buildings in poor

Local condition and one out of two vacant. B1/B2

Plan Chaul End 0.6 ha Large warehouse unit near M1 and adjoining A5065 junction. Lane Limited local road access and distant from services but adjoins for guided busway and retail park opposite. Potential constraints from Public some adjoining residential uses but unit occupied and in good condition.B1-B8 Consultation

Dalroad 0.8 ha Estate with mix of older units, modern units and cleared Industrial plot. Reasonable road access and adequate loading and parking

(2011-2031) Estate area. Within mainly residential area, close to the railway line and some residential uses but few local services.

Leagrave 3.7 ha Older industrial area on A5228, 3 km from M1, with limited parking on-site and fair public transport. Adjoins railway line in residential area near some local services. Mainly older units containing vehicle repair uses, some in poor condition but appears fully occupied and functioning well. B1c/B2

Abbeygate 0.2 ha Small industrial site on edge of Luton town centre with good Business local road access but distant from strategic routes. Borders an Centre employment cluster with some residential uses nearby. Small older units in reasonable condition with some vacancy but appears to function reasonably.

Guardian 1.5 ha Low profile industrial area with older units, some vacant Estate and some in poor condition. Within 3 km of M1, J11 with reasonable local road access. Some local services nearby but in mainly residential area and residential uses adjoin site. B1, B8

High Town 0.5 ha Small office site on edge of town centre with good local Road road access, public transport accessibility and ample parking onsite. Adjoining uses not incompatible with offices. Offices reasonably modern, in good condition and fully occupied and suitable to meet future needs. B1

Oxen Road 0.3 ha Small industrial area in mainly residential area and adjoined by such uses. Good local road and public transport access. Contains small units in reasonably condition but quite high vacancy. B1-B8

Sunrise Estate 0.3 ha Small site with older buildings and limited local road access. Adequate parking to rear but with difficult access. Adjoining 118 residential uses but separated by car park. Most units are occupied and site meets local needs but some units in poor condition B1/C3

Sarum and 0.4 ha Small site in residential area, distant from main routes and Empress Road with access via residential roads but good public transport access. Residential uses onPageseveral 146 ofsides 323and contains some older buildings Appendix 3 Employment Sites: Categories A & B

Name Description

and cleared land. Adequate for current uses but low profile location for office uses. B1/C3 (2011-2031)

Gillam Street 0.1 ha Small cleared site in existing employment area near town centre and railway station. Reasonable local road access and services/public transport nearby but unlikely to attract new Consultation employment development in this location. C3 Public

Telmere Estate 0.43 ha Small industrial site within 1 km of town centre; close to for

the A505 but accessed via constrained roads; adjoined by housing Plan on 3 sides; contains small modern units in fairly good condition but

with quite high vacancy. B1 Local

Moreton Park 0.9 ha Medium sized employment area with low profile in mainly Luton residential area with residential uses on all sides. Good links to M1 Draft but site access is off constrained residential road with parking on both sides. Site slopes steeply and contains small 1970s units in reasonable condition with quite high vacancy. B1

North Street 0.2 ha Small vacant site on edge of town centre with adequate local access and near public transport. Adjoins residential uses and removed from other High Town employment uses. Unlikely to attract new B Class development and potential for residential development. C3

Dudley Street 0.3 ha Small edge of centre site with older buildings and car park. Poor road access but close to public transport. Adjoins some residential uses in mixed use area. Low quality buildings only partly occupied. B1/C3

119

Page 147 of 323 Appendix 4 Housing Allocations

Draft Appendix 4 Housing Allocations Luton Local Site Name Potential Capacity Plan (# dwellings) for Guardian Estate 64 Public

Oxen Industrial Estate, Oxen Road 48 Consultation Land at Caleb Close 98

Car Parks on Dunstable Place 41 (2011-2031) Car Park off Telford Way 39

Dalroad Industrial Estate 32

69 Felstead Way 58

14 Cardiff Road 64

27-37 Chapel Street 30

13-31 Dunstable Road 124

Land opposite Whitbread House, Flowers Way 202

Luton Town Football Club, Kenilworth Road 75

Midland House, 41 King Street 27

Crescent House 1-5 Latimer Road 80

Land & Buildings At Castle Street/Oxford Road and Park 45 Viaduct

Land to the west of Newlands Road 54

Land at Stockingtstone Road 50

The Laurels, Ely Way 20

Westlea Old Peoples Home, 121 High Street 57

27A Upper George Street 26 120 40-58 Collingdon Street 88 Car Park adjacent to 95 Maple Road East 49

Bramingham Centre, Weltmore Road 70

2 to 32 Beechwood Road Page 148 of 323 15 Appendix 4 Housing Allocations

Site Name Potential Capacity (# dwellings)

10 to 12 Caleb Close 24 (2011-2031)

146 to 158 Park Street 29

Whitbread House, Flowers Way 134 Consultation

Land at the Orchard Centre, Strangers Way 67 Public for Unity House, 111 Stuart Street 58 Plan 38a Wingate Road 15 Local Total 1,783 Luton

.1 In addition to these housing allocations - sites specifically for housing (above), Draft the plan also promotes housing within larger Strategic Allocations that are part of the mixed use regeneration schemes of key importance to the development strategy for Luton. These areas are set-out in policies LP8 to LP12.

.2 All new residential development, whether in allocated areas or not, will need to comply with the policies of this plan.

.3 Note that some of the housing allocations are also detailed within the housing trajectory in appendix 5. Housing allocations not detailed within the trajectory are sites considered suitable for housing but cannot currently be considered as becoming available within the plan period. By allocating these for housing, this should improve the likelihood that they will become available.

121

Page 149 of 323 Appendix 5 Housing Trajectory Draft 3 14 14 14 14 19 11 58 12 12 12 14 14 36 42 56 325 108 otals 5390 T 2011-2031 Luton 0 5390 30/31 Local 0 5390 29/30 Plan 14 5390 28/29 for Public 100 5376 27/28 43 5276 Consultation 26/27 78 5233 25/26 171 5155 24/25 (2011-2031) 260 4984 23/24 303 4724 22/23 312 4421 21/22 396 4109 20/21 36 438 3713 19/20 55 633 3275 18/19 54 56 652 2642 17/18 ajectory r T 54 56 10 393 1990 16/17 54 18 -55 242 1597 15/16 Housing 54 54 11 12 12 12 12 14 14 18 42 56 -54 331 1355 14/15 54 14 14 14 14 19 54 183 1024 13/14 841 351 12/13 490 490 11/12 ajectory r T less oad completions R oad or R oad R Ground ark P Drive 122 Close Area COMPLETIONS Oakley projected dwellings Street Close Court Housing Grove 9 Sundon Leyhill Ickley ecreation ay R Wheatfield 34-46 oad Street at Central W for past/ R Street 5 Street of Owl, oad oebuck R R Burfield Birchen Street Bute PROJECTED Farm John Collingdon space rear at at at 53 Barn Favourite, Unicorn, North Crawley Felstead - High AST/ ermissions Cumulative P P Land The The The 15-19 Land Marsh 27 69 47 Land 97 45-47 111 Land Bradley Open

Page232 350 150366 414 of 246 323330 149 348 182 298 324 349 203 320 177 164 309 ID Map Appendix Appendix 5 Housing Trajectory 11 14 18 25 29 37 41 21 52 13 18 98 10 12 14 15 57 10 11 13 14 124 600 600 375 202 otals T 2011-2031 30/31 (2011-2031) 29/30 28/29 Consultation 27/28 Public 26/27 for Plan 25/26 75 Local 24/25 75 Luton 23/24 75 Draft 22/23 75 21/22 49 75 20/21 50 75 10 11 13 14 145 19/20 95 49 75 10 12 14 15 57 150 101 18/19 13 18 49 75 80 206 101 17/18 21 52 200 16/17 50 11 14 18 25 29 37 41 15/16 74 14/15 13/14 12/13 11/12 ay W Street Street Street High Flowers North oad R oad 121 oad Dudley R R oad R House, Adelaide ark) Place 61-67 Oxford P 69 Homes, ingate & 123 Close Archway W oad to Solway oad Street R oad R Street R orks Whitbread Street/ Close (Napier Estate Street eople's Sherd Street Dunstable W P oad Street ark R P Street 116-124 Centre, oad ark on Street oad adjacent Bedford R P Hastings ark Old R Caleb Union Quarter P North Bedford 158 Court Stn Lodge, ing Dunstable Day 36 at opposite at arks Old K 93 to park P indmill Old to Dudley - Guildford Grove W estlea impton ower etrol 13-31 Car 7A 22 41 146 6-14 Car 1 20-20A K 89 Moreton Land P Station Land Milan Land 7-11 Sherd W 7 Marlborough P 35

208 303 235 415 207 365 233 175 212 250 Page191 304 151160 of174 323150 148 210 345 340 319 333 343 245 193 321 214 ID Map Appendix 5 Housing Trajectory Draft 20 29 35 10 11 11 11 11 17 40 53 88 13 13 18 19 92 80 64 19 54 39 45 58 118 134 otals T 2011-2031 Luton 30/31 Local 29/30 Plan 28/29 for Public 27/28 Consultation 26/27 25/26 38 58 24/25 (2011-2031) 32 69 39 45 23/24 40 30 20 19 54 65 22/23 20 13 13 18 19 30 60 64 21/22 10 11 11 11 11 17 20 40 53 88 20/21 20 29 35 19/20 18/19 17/18 16/17 15/16 14/15 13/14 12/13 11/12 iaduct V ark P and Rd Oxford oad R oad St/ ay R W Street Castle ay Street W 124 Newlands Latimer at Flowers ay of Street F E M L H K J W 1-5 oad Castle Street elford oad R oad Ely T R west Brunswick oad oad R Street oad Street House, R Block Block Block Block Block Block Block R R buildings Estate House on off the 66-76 ark P Collingdon Downs Chapel John own own own own own own own to and ark ark of T T T T T T T Laurels, rinity P P Arundel T Hitchin London Ridgway ear The High High High High 4-8 R 18 42-44 Car High 15 40-58 15-19 46 43 21-25 High Crescent Guardian High Land Whitbread Car Land 39-51

342 141 140 147 146 194 198 302 238 195 Page143 215 152352 of205 323224 241 201 145 222 155 144 337 401 176 335 218 ID Map Appendix 5 Housing Trajectory 32 46 43 41 59 14 otals T 2011-2031 30/31 (2011-2031) 29/30 14 28/29 Consultation 41 59 27/28 Public 43 26/27 for 32 46 Plan 25/26 Local 24/25 Luton 23/24 Draft 22/23 21/22 20/21 19/20 18/19 17/18 16/17 15/16 14/15 13/14 12/13 11/12 oad R oad R Albert

12 125 Albion Estate oad R D, Castle, Mall Block to Midland Industrial indsor Cheapside own T W Dalroad 142-144 Extension The 37-47 High

180 188 190 183 202 139 Page 153 of 323 ID Map Appendix 6 Space Standards

Draft Appendix 6 Space Standards Luton Table .1 Dwelling Space Standards Local Internal Floor Areas Plan Dwelling type Essential GIA (sq. m) for (bedroom/persons) Public

Flats 1p 37 Consultation 1b 2p 50

2b 3p 61 (2011-2031) 2b 4p 70

3b 4p 74

3b 5p 86

3b 6p 95

4b 5p 90

4b 6p 99

Two Storey Houses 2b 4p 83

3b 5p 96

4b 5p 100

4b 6p 107

Three Storey Houses 3b 5p 102

4b 5p 106

4b 6p 113

For dwellings for more than 6 people, at least 10 sq. M gross internal area should be added for each additional person.

Storage and Utility

Internal storage space free of obstructions (e.g. boilers) with a minimum internal height of 2 m and a minimum area of 1.5 sq m should be provided for 1 and 2 126 bedroom dwellings, in addition to storage provided by furniture in habitable rooms. For each additional occupant 0.5 sq m of storage space should be provided.

Page 154 of 323 Appendix 6 Space Standards

Table .2 External Amenity Space Standards (2011-2031) External Amenity Space Standards

A minimum of 5 sq m of private outdoor space should be provided for 1-2 persons flats and maisonettes and an extra 1 sq m should be provided for Consultation each additional occupant Public

Private outdoor spaces should have level access from the home for

The minimum depth and width of all balconies should be 1500 mm Plan

Where private outdoor space is not achievable due to plot size or character Local this should be provided in the form of communal amenity space, grassed Luton or hard surfaced with some landscaping Draft Provision of an enclosed rear garden of 90 sq m should be made for flats and dwellings other then 1-2 bedrooms. Smaller enclosures could be acceptable having regard to the character of the area and design of the house, in any event the area shall not be smaller than 45 sq m.

Dividing walls or fences between individual house plots shall be of a solid form of construction and of a height not less than 1.8m for a distance of not less than 4.6 m from the main rear wall of the dwelling

127

Page 155 of 323 Appendix 7 Transport Assessments and Travel Plans

Draft Appendix 7 Transport (iii) any development likely to generate 100 or more vehicle Luton Assessments and Travel Plans movements per day; Local Thresholds for development requiring (iv) non-residential development transport assessments and travel plans Plan likely to employ 100 or more to be described people; for

Public A transport assessment should include (v) any activity likely to generate the following information: 10 or more deliveries per day; Consultation a description and analysis of the (vi) any development, irrespective existing transport conditions of scale, likely to generate trips at peak times in congested areas; (2011-2031) details of the expected (economic, environmental and social) impact of (vii) any development likely to the proposed development on the generate trips at night in residential local transportation system and/or other sensitive areas;

details of the proposed approach to (viii) any development likely to rely mitigate the expected impact of the on unsafe access; proposed development on the local transportation system (xi) any development likely to adversely affect the urban fabric, details of existing and proposed for example by requiring access in journeys to and from the proposed a conservation area; development site by all modes of transport (both vehicular and (x) any development having an pedestrian) impact on traffic flows on trunk roads. a construction management plan

details of proposed loading areas, arrangements for manoeuvring, servicing and parking should cross reference any scale drawings and plans

Developers will be required to submit Transport Assessments relating to new proposals and re development schemes if the proposed development meets any of the following criteria:

128 (i) non-residential developments of 500 square meters and above;

(ii) residential developments of 50 units and above; Page 156 of 323 Appendix 8 Monitoring Framework

Appendix 8 Monitoring Framework (2011-2031) Monitoring framework to be set-out, pending sustainability appraisal Consultation Public for Plan Local Luton Draft

129

Page 157 of 323 Appendix 9 Replaced Local Plan Policies

Draft Appendix 9 Replaced Local Detail current policies that will

Luton Plan Policies be replaced by this plan Local

Plan Local Plan Status New Draft Local Reason Saved Policy Plan policy for

Public LP1 Sustainable REPLACED BY NEW Policy LP1 – To comply with NPPF Development POLICIES LP1 AND Presumption in and PINS best Consultation Strategy LP2 Favour of Sustainable practice; set out Development Policy ‘presumption in LP2 – Spatial favour of sustainable Development development’ and (2011-2031) Strategy clear Spatial Strategy

NEW POLICY LP4 Policy LP4 – Green NPPF; the Belt fundamental aim of the Green Belt is to prevent urban sprawl, keeping land permanently open with the essential characteristics of Green Belt being their openness and permanence; when reviewing Green Belt boundaries local planning authorities should ensure consistency with the Local Plan strategy for meeting identified requirements for sustainable development

ENV1 National REPLACED BY NEW Policy LP29 – To comply with Landscape Areas POLICY LP29 Landscape & NPPF; national and Geological local hierarchy of 130 Conservation designations ENV2 Local REPLACED BY NEW Policy LP29 – As above Landscape Areas POLICY LP29 Landscape & Geological Conservation Page 158 of 323 Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) ENV4 Access to REPLACED BY NEW Policy LP29 – As above the Countryside POLICY LP29 Landscape & Geological

Conservation Consultation

ENV5 Protection REPLACED BY NEW LP29 Biodiversity and NPPF; national and Public

and POLICY LP29 Nature Conservation local hierarchy of for Enhancement of designations, criteria Nature based approach, Plan

Conservation strategic and Local positive approach to

bio diversity, net Luton gains in bio diversity Draft ENV6 REPLACED BY NEW LP30 Historic NPPF; set out a Archaeology POLICY LP30 Environment positive strategy for the conservation of heritage of assets

ENV7 Listed REPLACED BY NEW LP30 Historic As above Buildings POLICY LP30 Environment

ENV8 REPLACED BY NEW LP30 Historic As above Development POLICY LP30 Environment Affecting Conservation Areas

ENV9 Design REPLACED BY NEW LP25 High Quality NPPF; creating Principles POLICY LP25 Design healthy, inclusive communities; social interaction; mixed-use, strong neighbourhood centres; active, safe and accessible quality environments.

ENV10 REPLACED BY NEW LP25 High Quality As above Landscaping POLICY LP25 Design 131 ENV12 Public Art REPLACED BY NEW LP25 High Quality As above POLICY LP25 Design

Page 159 of 323 Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local ENV14 The REPLACED BY NEW LP36 Flood Risk Local planning Water POLICY LP36 authorities should Plan Environment adopt proactive

for strategies to

Public mitigate and adapt to climate

Consultation change,taking full account of flood risk....water supply and demand (2011-2031) considerations; Take account of climate change over the longer term, including factors such as flood risk

NEW POLICY Policy LP38 – NPPF; Government Pollution and policy requires Contamination development plans to include polices to minimise waste and pollution preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability; and remediating and mitigating despoiled, degraded, derelict, contaminated and unstable land, where 132 appropriate

H1 Existing REPLACED BY NEW LP15 Housing NPPF; presumption Housing POLICY LP15 AND Provision in favour of NEW POLICY LP25 sustainable Page 160 of 323 development – balance of benefit Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) and harm; objective needs/evidence inappropriate

development of Consultation residential gardens Public

H2 Additional REPLACED BY NEW NPPF; 5 yr rolling for Dwellings POLICY LP15 supply specific deliverable sites, Plan

consider % Local acceleration;

housing trajectory; Luton choice and competition; Draft justification for any windfall allowance

H3 Residential REPLACED BY NEW LP15 Housing NPPF presumption in Density POLICY LP15 Provision favour of sustainable development effect of PDL target removal on supply; resist inappropriate development of residential gardens

H4 Extensions to REPLACED BY NEW LP19 Extensions to NPPF; effect of PDL Dwellings POLICY LP19 Dwellings Annexes target removal on supply; quality design

NEW POLICY Policy LP17 – Houses in Multiple Occupation

NEW POLICY Policy LP18 – Older People’s Housing

H5 Provision of REPLACED BY NEW LP16 Affordable NPPF: Justified Affordable POLICY LP16 Housing locally; objective Housing needs/market; 133 Target, types, tenure and mix based up to date evidence, needs of Page 161 of 323 different groups overall demand and Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local scale of provision; viability assessment. Plan

for H6 Affordable REPLACED BY NEW LP16 Affordable As above

Public Housing POLICY LP16 Housing Arrangements Consultation H7 Student Halls DELETED Not required of Residence

(2011-2031) NEW POLICY Policy LP20 – NPPF; addresses the Gypsies, Travellers & need for all types of Travelling housing, including Showpeople affordable housing and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes); Government’s planning policy for traveller sites

LC1 Protection REPLACED BY NEW Policy LP27 – Open NPPF; hierarchy and and Preservation POLICY LP27 Space and Natural significance of asset; of Green Spaces Greenspace balance of benefit and harm; evidence base on need, surplus and deficiency; alternative provision; local and neighbourhood plans and Local Green 134 Space protection, important facilities

LC2 Provision of REPLACED BY NEW Policy LP25 – High As above Green Space POLICY LP25 AND Quality Design Policy NEW POLICY LPPage27 LP27162 of– Open323 Space Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) and Natural Greenspace

LC3 Protection REPLACED BY NEW Policy LP24 – NPPF:- Integration, Consultation of Community POLICY LP24 Community and positive provision

Facilities Education Facilities and use of shared Public

space/community for facilities/ and services (para 70) Plan

Safeguard services Local against unnecessary

losses, facilitate Luton expansion and modernise; locate Draft housing to access key range of community facilities and services.

LC4 New and REPLACED BY NEW Policy LP24 – As above extended POLICY LP24 Community and community Education Facilities facilities

LC5 Dual use of REPLACED BY NEW Policy LP24 – As above educational POLICY LP24 Community and facilities Education Facilities

LC6 Childcare REPLACED BY NEW Policy LP24 – As above facilities POLICY LP24 Community and Education Facilities

LC7 Luton Town REPLACED BY NEW Policy LP15 – Housing Housing Allocation Football Club, POLICY LP15 Provision Kenilworth Road

EM1 REPLACED BY NEW Policy LP13 – NPPF; Add clear Development in POLICY LP13 Economic Strategy economic vision; Key Employment positive proactive Areas sustainable economic growth, reflecting up 135 to date evidence on demand and supply; and deliverability; must justify long Page 163 of 323 term protection Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local EM2 REPLACED BY NEW Policy LP13 – As above Warehousing POLICY LP13 Economic Strategy Plan

for EM3 Wigmore REPLACED BY NEW Policy LP6 – Luton Strategic Allocation

Public Employment POLICY LP6 Airport Area Consultation EM4 REPLACED BY NEW Policy LP14 – NPPF; Add clear Development POLICY LP14 Employment Areas economic vision; Outside Key positive proactive (2011-2031) Employment sustainable economic Areas growth, reflecting up to date evidence on demand and supply; and deliverability; must justify long term protection

S1 Retail REPLACED BY NEW Policy LP21 – Centre NPPF; clarify retail Strategy POLICY LP21 Hierarchy hierarchy; extent of town centre, well connected edge of centre and other expansion (floor space); allocations using evidenced base assessing needs for town centre uses and set sequential criteria for exceptions; thresholds; impact; role of markets; competition; positively plan for residential; leisure; culture.

S2 Town Centre REPLACED BY NEW Policy LP3 – Luton As above Shopping Area POLICY LP22 Town Centre 136 Strategy Policy LP22 – Primary and Secondary Shopping Areas and Frontages

Page 164 of 323 Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) S3 District and REPLACED BY NEW Policy LP23 – District NPPF:- Integration, Local Shopping POLICY LP23 & Neighbourhood positive provision Areas Centres & Shopping and use of shared

Parades space/community Consultation facilities/ and

services (para 70); Public

health and cultural for provision to serve Plan local needs; locate

housing to access Local key range of

community facilities Luton and services. Draft

S4 Local REPLACED BY NEW Policy LP23 – District As above Convenience POLICY LP23 & Neighbourhood Shops Centres & Shopping Parades

NEW POLICY Policy LP26 – Local evidence Advertisements and Signage

T2 Location REPLACED BY NEW Policy LP1 – NPPF; actively Policy POLICY LP1 AND Presumption in manage patterns of NEW POLCIY LP2 Favour of Sustainable growth, accessible AND NEW POLICY Development Policy by public transport, LP31 LP2 – Spatial walking and cycling Development and focusing Strategy Policy LP31 significant – sustainable development at Transport Strategy sustainable development locations; integration, positive provision and use of shared space/community facilities/ and services (para 70); health and cultural 137 provision to serve local needs; locate housing to access key range of Page 165 of 323 community facilities and services. Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local T3 Traffic REPLACED BY NEW Policy LP2 – Spatial As above Implications POLICY LP2 AND Development Plan POLICY LP31 Strategy Policy LP31

for - Sustainable

Public Transport Strategy

Consultation T5 Translink DELETED No longer required – completed scheme

T8 Walking and REPLACED BY NEW Policy LP31 – NPPF; actively (2011-2031) Cycling POLICY LP31 Sustainable manage patterns of Transport Strategy growth, accessible by public transport, walking and cycling

T9 Freight REPLACED BY NEW Policy LP33 – Freight NPPF; work with POLICY LP33 neighbouring authorities and transport providers to develop strategies for the provision of viable and sustainable infrastructure; large scale facilities, rail freight interchanges, roadside facilities growth of ports, airports; safety and welfare of the road user

T12 Road REPLACED BY NEW Policy LP31 – NPPF; Local planning Proposals POLICY LP31 Sustainable authorities should Transport Strategy identify and protect, routes and infrastructure to widen transport choice

138 T13 Parking REPLACED BY NEW Policy LP32 – Parking NPPF; requires the POLICY LP32 setting of local parking standards for residential and non-residential Page 166 of 323 development, taking into account the Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) accessibility, type, mix and use of development;

opportunities for Consultation public transport; car

ownership; and an Public

overall need to for reduce the use of Plan high-emission

vehicles' Local

U2 REPLACED BY NEW Policy LP31 – NPPF; presumption Luton Infrastructure POLICY LP31 Sustainable in favour of Provision in Transport Strategy sustainable Draft Major New development Developments requires positive planning reflecting generic criteria based policy approach (cost effective); viability of infrastructure

U3 Renewable REPLACED BY NEW Policy LP37 – NPPF; aim to Energy POLICY LP37 Sustainable Energy increase the use and Generation supply of renewable within New and low carbon Buildings energy, and the responsibility on all communities to contribute to renewable energy generation or low carbon sources; a positive strategy to design policies and identify locations which maximise renewable and low carbon energy development 139

U4 Renewable REPLACED BY NEW Policy LP37 – As above. Energy Proposals POLICY LP37 Sustainable Energy

NEW POLICY Page P167olicy of LP35323 – NPPF; Government Communications guidance states that Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local advanced, high quality Plan communications

for infrastructure is

Public essential for sustainable economic

Consultation growth. High speed broadband technology and other communications (2011-2031) networks also play a vital role in enhancing community facilities and services

CA1 Central REPLACED BY NEW Policy LP3 – Luton NPPF; be positive, Area POLICY LP3 Town Centre promote competitive Strategy town centre environments; management and growth of centres over the plan period; town centres as the heart of communities; support their viability and vitality; define the extent of town centres and primary shopping areas, based on a clear definition of primary and secondary frontages in designated centres; Promote competitive town centres that provide customer choice and 140 a diverse retail offer and which reflect the individuality of town centres

Page 168 of 323 Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) CA2 Gap Site REPLACED BY NEW Policy LP3 – Luton As above. POLICY LP3 Town Centre Strategy Consultation CA3 Cultural REPLACED BY NEW Policy LP3 – Luton As above.

Quarter POLICY LP3 Town Centre Public

Strategy for

CA4 Central REPLACED BY NEW Policy LP3 – Luton As above. Plan Area Open POLICY LP3 Town Centre Local Spaces Strategy Luton CA5 Northern REPLACED BY NEW Policy LP11 – As above.

Gateway POLICY LP11 Creative Quarter Draft

CA6 REPLACED BY NEW Policy LP3 – Luton As above. Improvement of POLICY LP3 Town Centre Bus and Railway Strategy Stations

CA7 Power Court REPLACED BY NEW Policy LP9 – Power As above. POLICY LP9 Court

BA1 Butterfield REPLACED BY NEW Policy LP7– NPPF; plan positively POLICY LP7 Butterfield for the location, Technology Park promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries;

SA1 Stockwood REPLACED BY NEW Policy LP5 – Land NPPF; To achieve Area POLICY LP5 South of Stockwood economic growth, Park plan proactively to meet the development needs of business and support an economy fit for the 21st 141 century

MF1 Marsh Farm REPLACED BY NEW Policy LP12 – Marsh NPPF; identify POLICY LP12 Farm priority areas for economic Page 169 of 323 regeneration, Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local infrastructure provision and Plan environmental

for enhancement Public HT1 High Town REPLACED BY NEW Policy LP10 – High NPPF; Promote

Consultation POLICY LP10 Town competitive town centres that provide customer choice and a diverse retail offer (2011-2031) and which reflect the individuality of town centres

LLA1 REPLACED BY NEW Policy LP6 – Luton NPPF; When planning Development at POLICY LP6 Airport for ports, airports London Luton and airfields that are Airport not subject to a separate national policy statement, plans should take account of their growth and role in serving business, leisure, training and emergency service needs.

LLA2 REPLACED BY NEW Policy LP6 – Luton NPPF; requires the Airport-related POLICY LP6 AND Airport Policy LP32 – setting of local car parking BY NEW POLICY Parking parking standards for LP32 residential and non-residential development, taking into account the accessibility, type, mix and use of development; opportunities for public transport; car 142 ownership; and an overall need to reduce the use of high-emission vehicles' Page 170 of 323 Appendix 9 Replaced Local Plan Policies

Local Plan Status New Draft Local Reason Saved Policy Plan policy (2011-2031) LLA4 Airport REPLACED BY NEW Policy LP34 – Public Government Safeguarding POLICY LP34 Safety Zones guidance is unclear whether the NPPF

replaces existing Consultation national guidance set

out in the circular Public

DfT Circular 01/2010 for on the “Control of Plan Development in

Airport Public Safety Local Zones” or whether

subsequent guidance Luton will emerge; For the Draft avoidance of doubt, policy LP 34 is a reintroduction of a previous 'unsaved' policy of the former Luton Local Plan 2006.

NEW POLICY Policy LP34 – Public For the avoidance of Safety Zones doubt

KR1 REPLACED BY NEW Policy LP8 – Napier NPPF; identify Redevelopment POLICY LP8 Park priority areas for at Kimtpon Road economic regeneration, infrastructure provision and environmental enhancement

IMP1 Planning REPLACED BY NEW Policy LP39 – NPPF ; Local Plans to obligations POLICY LP39 Infrastructure and be deliverable Developer paying particular Contributions regard to viability. It states “Pursuing sustainable development requires careful 143 attention to viability and costs in plan-making and decision-taking. Page 171 of 323 Plans should be deliverable. Appendix 9 Replaced Local Plan Policies Draft Local Plan Status New Draft Local Reason

Luton Saved Policy Plan policy

Local Therefore, the sites and the scale of Plan development

for identified in the plan

Public should not be subject to such a

Consultation scale of obligations and policy burdens that their ability to be developed viably (2011-2031) is threatened.

IMP2 REPLACED BY NEW Policy LP39 – As above Replacement POLICY LP39 Infrastructure and facilities Developer Contributions

144

Page 172 of 323 Appendix 10 Technical Evidence Studies

Appendix 10 Technical Affordable Housing Study March 2013 Evidence Studies 3 Dragons

Affordable housing Policy and (2011-2031) List of key technical evidence studies Viability 3 Dragons informing this plan Employment Land Review Study

Sustainability Appraisal/SEA Urban Consultation March 2013 Nathaniel Lichfield Edge East of England Forecasting Model Public

Sustainable Development and for Luton run June 2012 Oxford Adaptation and Mitigation of Climate Economic Forecasting Plan Change Study Climate East

Town Centre Assessment march 2013 Local Level 1 Strategic Flood Risk Peter Brett Assessment (Feb 2013) Capita Luton Symonds

Retail Study (including District and Draft Neighbourhood Centres) White Young Green Belt Review In House Green Habitat Survey Wildlife Trust Infrastructure Delivery Plan (IDP) – currently being prepared LBC Nature Conservation Strategy Wildlife Trust Water Cycle Study -Draft Capita Symonds Green Space Strategy – Review of Standards Greensand Trust Local Plan Viability Assessment Nationwide Consultancy Services Landscape Character Assessments Greensand Trust Educational Needs – Schools Survey 2012 Children & Learning Archaeology Assessment Outdoor Sports and Playing Pitch Strategic Housing Market Assessment Strategy C&L 2012 LBC/CBC Indoor sport & Recreation Study Strategic Housing Market Assessment (SHMA) Review 2013 – Currently Diamond model AECOM March 2013 being prepared LBC/CBC SATURN Model calibration and model Gypsy and Traveller and Travelling scenario runs Showman Accommodation Needs Assessments Opinion Research Parking Quality & Occupancy Study Services of Private car parks 145 Strategic Housing Land Availability Parking Standards Review LBC Assessment (SHLAA) December 2012 LBC Accession/Accessibility and District & Neighbourhood Scoring Technical Strategic Housing Land Availability Matrix LBC Assessment (SHLAA) DecemberPage2013 173 of 323 LBC Planning and Transportation Department of Environment and Regeneration

Page 174 of 323 AGENDA ITEM:

COUNCIL 4.2

DATE: 19TH FEBRUARY 2014

SUBJECT: BUDGET AND CAPITAL PROGRAMME

REPORT BY: EXECUTIVE

CONTACT OFFICER: MATT HUSSEY 01582 546032

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: ALL

PURPOSE

1. The purpose of this report is to refer to the Council the recommendations of the Executive in relation to the Revenue Budget and Council Tax for 2014/2015 and the Capital Programme for 2014/2019.

RECOMMENDATION(S)

2. That the Council be recommended to:

(1) Approve the 2014/15 revenue estimates of net expenditure including movements in reserves, as set out in the budget papers (known as the ‘Green Book’) circulated, and in this report.

(2) Consider the items put forward for inclusion in the draft capital programme (set out in the blue pages of the budget papers) and the potential funds available as set out in Appendix 1H, and approve the items and amounts to be included in the capital programme for 2014-2019, on the basis that all new schemes require Executive approval (on the basis of a business plan) before they can proceed.

Page 175 of 323 52

(3) Approve the list of savings proposals (white pages of Budget Papers pages 31 to 40) for submission to Budget Council, and the service changes necessary to give effect to those savings subject to appropriate consultation taking place and being properly considered.

(4) Approve the list of spend pressures (white pages of Budget Papers pages 29 to 30), and the service changes necessary to give effect to those growth proposals.

(5) That Council note that the Executive at its meeting on 16th December 2013 (in minute EX/207/13) decided that the Council's net Council Tax base for 2014/15 be set at 44,455.2 Band D equivalents, as calculated in accordance with the Local Authority (Calculation of Tax Base) Regulations 2012.

(6) Approve a 2014/15 Band D Council Tax precept for Luton Borough Council of £1,225.

(7) That the following amounts be calculated for the year 2014/15 in accordance with Sections 31 to 36 of the Local Government Finance Act 1992, as amended:

(a) £512,069,415 being the aggregate of the amounts which the council estimates for the items set out in Section 31A(2) of the Act.

(b) £457,611,639 being the aggregate of the amounts which the Council estimates for the items set out in Section 31A(3) of the Act.

(c) £ 54,457,776 being the amount by which the aggregate at 3(a) above exceeds the aggregate at 3(b) above, calculated by the Council in accordance with Section 31A(4) of the Act as its Council Tax requirement for the year.

(d) £ 1,225.00 being the amount at 3(c) above, all divided by the amount of 44,455.2 as shown in 7 above, calculated by the Council, in accordance with Section 31B of the Act, as the basic amount of its Council Tax for the year.

(8) That Council note that Bedfordshire Police and Crime Commissioner have issued their precept and the Bedfordshire and Luton Combined Fire Authority are expected to issue their precept on 19th February 2014 to the Council in accordance

Page 176 of 323 53

with Section 40 of the Local Government Finance Act 1992 for each category of dwellings in the Council’s area as indicated in the table at (7) below.

(9) That the council, in accordance with Sections 30 and 36 of the local Government Finance Act 1992, hereby sets the aggregate amounts shown in the table below as the amounts of Council Tax for 2014/15 for each of the categories of dwellings.

Valuation Luton Bedfordshire Bedfordshire Aggregate of Band Borough Police and & Luton Council Tax Council Crime Combined Requirements Commissioner Fire Authority £ £ £ £

A 816.67 104.37 To To B 952.78 121.76 be be C 1,088.89 139.16 advised advised D 1,225.00 156.55 E 1,497.22 191.34 F 1,769.44 226.13 G 2,041.67 260.92 H 2,450.00 313.10

(10) Determine that the Council’s basic amount of Council Tax for 2014/15 is not excessive in accordance with principles approved under Section 52ZB of the Local Government Finance Act 1992.

(11) That on receipt of the formal notification of the precept requirement of the Bedfordshire and Luton Fire Authority, in accordance with Section 40 of the Local Government Finance Act 1992, the Council note that the Acting Finance Portfolio Holder will recommend to the Council, in accordance with Section 40 of the Local Government Finance Act 1992, the amounts of Council Tax for the financial year 2014/2015 for each of the categories of dwellings.

(12) That, in accordance with Section 25 of the Local Government Act 2003, the Council has regard to the report of the Head of Finance on the robustness of the proposed budget and the adequacy of reserves (attached at Appendix 2 to this report).

(13) Approve the funding formula for primary and secondary schools, plus the centrally retained and early years allocations of the 2014/15 central dedicated schools grant, as proposed by

Page 177 of 323 54

the Schools Forum and set out at Appendices 1J and 1K of this report.

(14) Approve the Medium Term Financial Plan set out at Appendix 1A of this report.

(15) Approve the Budget Risk Management Strategy set out in Appendix 1B of this report.

(16) Approve the protocol for the management, control and use of reserves set out in Appendix 1F to this report.

BACKGROUND

3. At its meeting held on 10th February 2014 the Executive considered the proposed Revenue Budget and Council Tax for 2014/15 and the Capital Programme for 2014/2019.

REPORT

4. These budget matters require the approval of the full Council as forming part of the Council’s budget framework.

5. The Local Government Act 2003 requires that when the Council considers a proposal to set the annual budget and Council Tax, the chief finance officer of the authority (the Head of Finance) must report to it on the robustness of the estimates and the adequacy of the proposed financial reserves (attached at Appendix 2).

6. The Council’s Standing Orders (96.2) require that the total cost of the programme of capital expenditure shall not exceed the amount of resources (including external resources) approved for expenditure on capital.

7. The setting of an amount of Council Tax for a year is a matter for determination by the Council on a recommendation of the Executive.

8. Following consideration of the report, the Executive resolved as follows:

(i) That the Council be recommended to:

(1) Approve the 2014/15 revenue estimates of net expenditure including movements in reserves, as set out in the budget papers (known as the ‘Green Book’) circulated, and in this report.

(2) Consider the items put forward for inclusion in the draft capital programme (set out in the blue pages of the budget papers) and Page 178 of 323 55

the potential funds available as set out in Appendix H of the report of the Head of Finance (Ref: 13), and approve the items and amounts to be included in the capital programme for 2014-2019, on the basis that all new schemes require Executive approval (on the basis of a business plan) before they can proceed.

(3) Approve the list of savings proposals (white pages of Budget Papers pages 31 to 40) for submission to Budget Council, and the service changes necessary to give effect to those savings subject to appropriate consultation taking place and being properly considered.

(4) Approve the list of spend pressures (white pages of Budget Papers pages 29 to 30), and the service changes necessary to give effect to those growth proposals.

(5) Approve a 2014/15 band D Council Tax precept for Luton Borough Council of £1,225, subject to the announcement of the referendum limit.

(6) Approve the revenue budget approval to Council in the format prescribed by the Local Government Finance Act 1992, subject to the addition of the Fire and Police precepts, when received, noting that the revenue budget recommendation will need to be accompanied by a report from the Head of Corporate Finance on the ‘robustness’ of the budget proposal, accompanied by a statement on reserves and provisions, in accordance with the requirements of the Local Government Act 2003.

(7) Approve the funding formula for primary and secondary schools, plus the centrally retained and early years allocations of the 2014/15 central dedicated schools grant, as proposed by the Schools Forum and set out in paragraph 32 and Appendices J and K of the report of the Head of Finance (Ref: 13).

(8) Approve the Medium Term Financial Plan set out in Appendix A of the report of the Head of Finance (Ref: 13).

(9) Approve the Budget Risk Management Strategy set out in Appendix B of the report of the Head of Finance (Ref: 13).

(10) Approve the protocol for the management, control and use of reserves set out in Appendix G of the report of the Head of Finance (Ref: 13).

(ii) That the Executive:

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(1) Approve the development of the Financial Strategy as set out in Appendix C of the report of the Head of Finance (Ref: 13).

(2) Approve the Scales of Charges as set out in the yellow pages of the budget papers.

(3) Approve the continuation of the limitation of the virement and budget reallocation rules, as set out in the Scheme of Devolved Financial Management, in respect of energy budgets, where any virement or reallocation shall require the prior approval of the Head of Fixed Assets and the Head of Finance.

9. As the Luton Combined Fire Authority have yet to meet to determine their precept amount, these figures are not available for inclusion in this report.

PROPOSAL/OPTION

10. Any level of Council Tax increase or decrease, provided due consideration is given to the level of savings, spend pressures, growth items, fees and charges and/or any contribution from reserves in order to balance the budget with the level of tax increase proposed. Consideration must also be given to the need for a referendum should an increase above 2% be proposed. It should be noted that a budget set with a contribution from reserves to fund ongoing expenditure would require a change to the Council approved medium term financial strategy, that a capital programme set at a level above the estimated available resources over a 5 year period would be in contravention of the Council’s standing orders, and that budget proposals put to the Council have to be accompanied by a statement from the Head of Corporate Finance as to their robustness

LEGAL IMPLICATIONS

11. As set out at Appendix 1 - circulated with the Council Enclosures

FINANCIAL IMPLICATIONS

12. As set out at Appendix 1 - circulated with the Council Enclosures

APPENDICES – circulated with the Council Enclosures

Appendix 1 – Executive report and Appendices – 10th February 2014 Appendix 2 - Statement of Robustness of the Budget.

Page 180 of 323 57

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

Executive Decision No. EX/16/14

Page 181 of 323 58

For: (x) Agenda Item Number: Executive CLMT 13 Meeting Date: 10 February 2014 Report of: Head of Finance, Head of Fixed Assets, and Head of Policy and Performance Report author: Dave Kempson and Jo Russell

Subject: Budget and Capital Programme Consultations: (x) Councillors (For Executive Only) Scrutiny Lead Executive Member(s):Councillor Shaw Stakeholders Wards Affected: All Others

Recommendations 1. Executive is recommended to:

(i) Approve the 2014/15 revenue estimates of net expenditure including movements in reserves, as set out in the budget papers (known as the ‘Green Book’) circulated, and in this report, for submission to Budget Council. (ii) Consider the items put forward for inclusion in the draft capital programme (set out in the blue pages of the budget papers) and the potential funds available (Appendix H), and approve the items and amounts to be included in the capital programme for 2014-2019, for submission to Budget Council, on the basis that all new schemes require Executive approval (on the basis of a business plan) before they can proceed. (iii) Approve the list of savings proposals (white pages of Budget Papers pages 31 to 40) for submission to Budget Council, and approve the service changes necessary to give effect to those savings subject to appropriate consultation taking place and being properly considered. (iv) Approve the list of spend pressures (white pages of Budget Papers pages 29 to 30) for submission to Budget Council, and approve the service changes necessary to give effect to those growth proposals. (v) Approve a 2014/15 band D Council Tax precept for Luton Borough Council of £1,225 for submission to Budget Council, subject to the announcement of the referendum limit. (vi) Recommend the revenue budget approval to Council in the format prescribed by the Local Government Finance Act 1992, subject to the addition of the Fire and Police precepts, when received, noting that the revenue budget recommendation will need to be accompanied by a report from the Head of Corporate Finance on the ‘robustness’ of the budget proposal, accompanied by a statement on reserves and provisions, in accordance with the requirements of the Local Government Act 2003. (vii) Approve the funding formula for primary and secondary schools, plus the centrally retained and early years allocations of the 2014/15 central dedicated schools grant, as proposed by the Schools Forum and set out in paragraph 32 and Appendices J and K. (viii) Approve the development of the Financial Strategy as set out in Appendix C. (ix) Approve the Medium Term Financial Plan set out in Appendix A. (x) Approve the Budget Risk Management Strategy set out in Appendix B. Page 18213/1 of 323

(xi) Approve the protocol for the management, control and use of reserves set out in Appendix G. (xii) Approve the Scales of Charges as set out in the yellow pages of the budget papers. (xiii) Approve the continuation of the limitation of the virement and budget reallocation rules, as set out in the Scheme of Devolved Financial Management, in respect of energy budgets, where any virement or reallocation shall require the prior approval of the Head of Fixed Assets and the Head of Finance. Background 2. The financing of local government changed fundamentally in 2013/14. Key aspects of the new system as it impacts on Luton are set out below:

A) The Council now retains 49% of its business rates income. It therefore benefits from business development in the town, and loses out from reductions in the business base, or from reductions in business rate valuations (independently determined by the Valuation Agency, part of HMRC). Significant reductions in business rate valuations are having an adverse impact on the Council to a greater degree than was expected in the 2013/14 tax setting.

B) The Council receives a business rates ‘top up’ which increases in line with the retail price index.

C) Revenue Support Grant no longer varies in accordance with a needs-based assessment of population, deprivation etc. For the foreseeable future this grant will reduce significantly year on year, as Government tries to reduce public sector spending. The Government’s provisional grant figure for Luton in 2014/15 is an 18.6% reduction on the 2013/14 figure. (And the 2015/16 provisional figure is a 29.3% reduction on the 2014/15 figure.) Due to the timescales of the consultation on the Local Government Financial Settlement, the Council’s response had to be made under urgent action, rather than reported to Scrutiny and Executive. The response is attached as part of Appendix D, and sets out concern that there is a correlation between deprivation, ethnicity, and the highest levels of grant reduction.

D) The Council Tax Support Scheme is now a locally determined scheme (replacing the former Council Tax Benefit). Unlike most other Councils, Luton has not changed the eligibility criteria for the scheme at all, despite the reduced financial support from Government. It should be noted that any increase in caseload, or in Council Tax, increases the cost of the scheme for the Council.

E) The Council receives a number of specific grants from Government. The amount receivable from the Education Services Grant is dependent on the number of pupils educated in local authority schools – it reduces on a per pupil basis when pupils move to academies or free schools.

F) The Government is introducing a new Better Care grant to protect adult social care outcomes and reduce National Health Service costs. For 2014/15, the additional transfer from health to the Better Care pooled funding is £657k. For 2015/16, this will increase very substantially, as is set out later in this report. The use of this funding has to be agreed between the Council and the local Clinical Commissioning Group, and approved by Government.

G) Since Luton is relatively grant dependent, with a low Council Tax base (the average property in Luton is valued between bands A and B for Council Tax purposes, and

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Luton’s Council Tax level is below the national average), the high levels of revenue support grant reduction have a very significant impact on the Council. This means that the Council needs to be prepared to make major savings and increase its income on an ongoing basis, in order to seek to meet the aims of its Prospectus 2013-2016, to:

 Lead the borough to financial security and set it on course for future prosperity;  Deliver essential services that residents rely on;  Manage on much less funding from Government than in the previous three years.

3. The Audit Commission’s report of November 2013, Tough Times, reported that external auditors regarded 36% of all Councils to be at risk of not delivering their medium term financial plans. The Local Government Association’s financial analysis placed Luton in the lowest 30% for all 4 of the measures they used to assess future financial prospects. Grant Thornton’s review of local authority financial resilience noted that ‘the majority of councils felt a tipping point would be faced in 2015/16’ and also that ‘some commentators harbour serious doubts about the sustainability of the current model of local government beyond 2014/15’.

4. The provisional revenue support grant settlement for 2014/15 is £552k less than the planning figure included in the 2013/14 grant announcement. This could have been worse: the Chancellor announced in his December Autumn Statement that Local Government was one of the relatively few areas protected from further cuts for 2014/15. Another positive is that as part of the summer consultations Government initially suggested that they would top-slice the New Homes Bonus currently received by Councils to fund infrastructure development from 2015/16. Luton was one of many authorities who responded objecting to this approach, and following consideration of the responses Government withdrew that proposal.

Current Position

Spending Power

5. In the papers published as part of the grant settlement the Government has not set out levels of grant reduction by authority. Instead, as last year, it has made what is stated to be a comparison of ‘spending power’ between 2013/14 and 2014/15. To calculate this civil servants have used an estimate of 2014/15 Council Tax, a number of specific grants, and what they call the ‘settlement funding assessment’. The settlement funding assessment is made up of the revenue support grant, the business rates top up grant, and an estimate of business rates income based on the figures used by Government for the 2013/14 grant settlement. The problem with this is that business rates are very volatile. Appeals against valuations, and changes in the business make up of an area, can have a major impact. In Luton’s case the current business rates estimate for 2014/15, excluding any allowance for 2013/14 losses, is £2.93million less than the figure used in the original spending power estimate.

6. There are further issues with the spending power calculation. Firstly, it does not take into account changes in the Education Services Grant. If a substantial number of schools become academies or free schools in a year, that grant reduces, but this is not recognised in the government’s definition of spending power. Secondly, it includes funding which is ring- fenced, to Public Health and to Health and Social Care. Luton is due to receive an additional £1.178m of Public Health funding in 2014/15, and, in conjunction with the Clinical Commissioning Group, £657k of funding for social care that will improve health outcomes. The funding will be an increase in the Council’s overall spending power, but it cannot be used to reduce the level of savings needed as a result of: a) The 18.6% reduction in revenue support grant

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b) The losses in business rate income c) The increases in demand for some statutory services.

7. Set out below is the Government’s initial analysis of 2014/15 changes in spending power, together with Luton’s reduced spending power based on the budgeted business rates.

1. Spending Power per Government %age change Spending Power per analysis produced on 18 December. dwelling Luton -4.1 2,211.07 Central Bedfordshire 0 1,883.18 Bedford -1.2 2,174.13 Hertfordshire -0.6 1,663.99 Buckinghamshire 0.1 1,603.67 Unitaries without Fire - average -2.9 1,977.74 England - average -3.1 2,248.03

2. Luton’s spending power with its reduced -5.7 2,173.52 business rates income NB, the shire counties do not provide the full range of services for their areas, so their spending powers per dwelling are not comparable with the others shown here. It will be noted that Luton’s budgeted spending power per dwelling is below that of the England average, and below that of Bedford.

Savings and Increases in Income

8. The level of savings/increased income included in the 2013/14 budget was £18.3million. For 2014/15 the savings and income increases included in the draft budget can be shown as follows: £000 Savings/increased income 16,421 Additional Dividend from London Luton Airport 1,888 Limited used for revenue purposes Gross Total 18,309 Estimated Savings falling outside the General 100 Fund Net Total 18,209

9. The Council’s budget sets out the resources available to provide each of the Council’s services over the next year. The Executive has made very clear to officers that the aim should be to ensure that core services to the public are maintained as a first priority, and that efficiency savings are maximised. To this end, the Corporate Leadership Management Team (CLMT) have worked with the Council’s Luton Excellence Support Team (LEX), all Heads of Service, finance staff and managers throughout the Council to put this budget together.

Council Tax

10. Last year the Council increased the Council Tax by 2%. The Government has again announced the offer of a Council Tax freeze grant. This is equivalent to a 1% rise in the Council Tax - prior to the reduction in the tax base that arises from the cost of the Council Tax Support Scheme. The total on offer is therefore £686k, even though the Council only gets £536.5k from a 1% increase.

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11. The Government has now also made clear that tax freeze grant funding is not time-limited. Ministers have also made clear that they are very keen on all authorities taking the grant, to avoid the impact of a tax increase on taxpayers.

12. The Government has announced that under the provisions of the Localism Act, it will determine a referendum limit. Any tax increase above that limit will require an authority to hold a referendum – which in 2014/15 would be expected to be run alongside the European elections. The Government last year stated that the limit was likely to be 2% or less. In recent weeks press articles have indicated that the Secretary of State is considering a 1.5% limit, and is contemplating action against those authorities who have been increasing their Council Tax by amounts just below the referendum limit each year.

13. The changes in the Council Tax base for 2014/15 (as explained in the Executive report of 16 December ) means each 1% tax increase will now yield £536.5k. A 1.5% increase will give £804k additional income. This is £118k more than the Tax Freeze offer. The budget has been prepared on the basis that the Executive’s previous strategy of increasing the Council Tax will continue, but that for 2014/15 and 2015/16, this will be limited to 1.5%, reverting to 2% thereafter.

14. From a purely financial viewpoint, a tax increase has the following advantages:

 It helps in the process of making the authority less reliant on grant – a key part of the Council’s financial strategy  The level of additional income that can be achieved from a tax increase is greater than that achievable from taking the tax freeze grant.  The tax level is higher in the following year. So tax increases in future years yield more than if the tax freeze grant is accepted. Therefore a strategy of tax increases reduces the ongoing savings requirement when compared with a strategy of accepting a tax freeze grant.

15. To illustrate the longer term impact of accepting the freeze grant, compared with increasing the Council Tax:

 If the Council Tax is frozen in 2014/15 and 2015/16, and then increased by 2% in 2016/17, the amount achieved from that 2% increase will be £1.65million less than if the Council Tax is increased by 1.5% in both 2014/15 and 2015/16, then increased by 2% in 2016/17.

Therefore, given the ongoing reductions required in the Council’s budget, a tax freeze strategy will require substantially more savings than a strategy of ongoing tax increases, even though there may be only a small difference between the amount receivable as a tax freeze grant and the amount raised from a tax increase in any year.

16 A 1.5% increase in Luton Borough Council’s part of the Council Tax will result in an average increase for Luton tax payers of £13.03 per annum, or 25p a week, given that Luton’s average Council Tax per dwelling is £869, as set out in Appendix E.

17. Members will also be aware that Executive has already determined to protect the neediest from the impact of any tax increase by maintaining the Council Tax Support scheme for 2014/15 on essentially the same basis as the former Council Tax Benefit scheme, despite the ongoing reduction in government funding to support the scheme.

Income Generation.

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18. Luton Borough Council is relatively heavily grant-dependent. This means that standard percentage reductions in grant have a greater impact on Luton than on the average authority. The reason that Luton is grant-dependent is that it has a higher than average relative need, and a lower than average tax income per dwelling. As a result the old, needs-related grant system gave it above average levels of grant. Grant reductions in future years are certain, and so the Council needs to maximise its ability to raise income in order to be able to fund demand-driven services such as adults and children’s social care, refuse collection and waste disposal.

19. Under the new system, to increase this funding, the Council needs to increase its income from local business rates and other sources. The Council cannot increase the level of the business rate (this is set nationally). To increase income there has to be an increase in Luton’s business base. The new scheme is intended to make all Councils focus on encouraging business growth, in order to drive the national growth agenda. Luton’s issue is that it is already an exceptionally highly developed area with tightly drawn boundaries, so the available space to deliver significant additional business - alongside the required housing and schools necessary for the local population - is much more limited than in most areas. The Council is determined to respond positively to this challenge, and the Prospectus makes clear that the first point in the three point plan at the heart of the document is the aim to increase income from business growth. The Napier Park proposals should help, but members will be aware that outline planning approval does not guarantee scheme delivery, and that the office part of the scheme may take some time to become viable.

20. Success in the new system can generate a virtuous circle. More business will deliver more jobs and more income for the local authority. When local education and training is working well, there will be good Luton-based candidates for the additional jobs. When there is more employment, council tax support costs will go down. It is also possible that social problems will reduce and demands on social care may lessen (with the exception of the pressures resulting from an increase in the elderly population requiring care). This is in line with the second point at the heart of the Prospectus; investment in education and training.

21. On the other hand, if the business base reduces, there is the danger of a vicious circle: less income for the Council, less jobs, more demands on social care, a greater cost in council tax support, and a greater level of savings needed in Council services at a time when the demand for those services is increasing. The third point at the heart of the Prospectus is working effectively in partnership to ensure the most vulnerable in Luton are safe and supported, and the challenge to do this will be far greater if income cannot be increased.

22. It should also be noted that the Government is currently offering income in terms of a New Homes Bonus for each new home completed (and the net increase in empty homes brought back into use) each year. For 2014/15, this is worth £500k for Luton. However, there are 2 issues with this.

a) The funding for New Homes Bonus is top-sliced from the amount that would otherwise be available for grant. If this was not done, it is estimated that Luton would receive £3.07m more in grant, rather than £500k in bonus. b) Homes and their occupants also add demands for infrastructure such as schools, and services such as waste collection and disposal, adult social care, etc. The previous, needs-based funding system recognised to a degree the increased costs associated with an increase in population, but the new one does not. Milton Keynes Council, who have experienced a greater increase in building and population than most over the years, estimate that every 1,000 houses generate £3.5million in additional cost,

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assuming an increase in population of 3,000 (Luton’s population increase may be less, as more will be redistributed from existing Luton housing than in Milton Keynes), and that local fees and charges and council tax offset £1.6m of that cost (Luton’s offset will be less, as the average council tax in Luton is 10% less than the Milton Keynes average, so the overall cost in Luton is likely to be similar). Hence a £1.9million net cost. New Homes Bonus on 1,000 houses will deliver about £1.1 million per annum for Luton, so additional housing in Luton is likely to result in a significant additional spend pressure overall. The initial estimate is likely to be around £800k per 1,000 houses, but the actual cost will depend on many variables, such as whether existing schools in the areas of expansion have vacant places, which would reduce costs significantly.

23. The budget includes significant income from trading with schools, housing associations and others, as well as dividend from London Luton Airport Limited.

Spend Pressures 24. The budget reflects increasing demand-driven spend pressures in certain key areas, in particular Adult social care, in terms of those requiring physical and learning disability care packages, and care for the elderly, at home as well as in residential and nursing environments.The challenge for the Council is to manage the increasing costs of these statutory, demand-driven services when its income is reducing substantially.

Capital Programme Key Issues

25. The Capital Programme is mainly based on previously approved schemes, of which the largest are the Luton Dunstable Busway (operationally, but not yet financially, complete), the Luton Town Centre Transport Scheme, and the M1 Junction 10a project. The key issues are set out below.

 Under-funding for new school places in Luton. There still remains a large shortfall and the need for an additional primary school in the south of the town, and significant additional secondary provision, preferably in the form of a new school, in the south or centre of the town. Difficulties remain in finding appropriate land and funding.  The need to limit the programme to match available resources. Luton has generally set its programme based on projected resources available over the 5 year capital programme period. Given the uncertainty over future resources, and the financial position the Council finds itself in, it is essential that the programme balances over 3 years as well as over 5, and even this involves significant risk. (The prudent approach is to achieve the resources before they are spent, but that would mean essential basic work could not be undertaken).  The overall scale of the programme. Luton is committed to a programme of a large scale for an Authority of its size, in order to improve the transport infrastructure of the town to enable essential developments in both business and housing. A large scale programme is a risk at any time, given the potential for overspends impacting on the revenue budget. It is a major risk at this time when the revenue budget is having to be reduced so significantly, for two main reasons:

a) The potential impact of a combination of capital overspends and the inability to achieve all of a demanding set of revenue savings; and b) The demands of managing a major capital programme, which requires dedicated resources, at a time of major change and staffing reductions

26. Risk management measures have however been put in place to address these risks, and are detailed in Appendix B

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Schools Funding

27. Schools are funded directly from the Dedicated Schools Grant (DSG) – which also funds some functions carried out by the Council on behalf of schools. The amount of DSG depends on actual pupil numbers in 2014/15, as there is a guaranteed amount per pupil. The Government have stated that this will remain unchanged in cash terms until 2014/15, but have added a pupil premium which for 2014/15 is £900 per pupil eligible for a free school meal at anytime in the last 6 years. The Council’s Financial Assessment team’s work on free school meal take up over the past year has increased the number known to be eligible by 2,000, which on the increased premium means £1.8million per annum additional funding for Luton Schools.

28. Currently local authorities receive funding for schools and education through the ring-fenced Dedicated Schools Grant (DSG), the local authority Formula Grant and the Pupil Premium. From 2012/13 the DSG was split into 3 notional blocks – early years, schools block and high needs block and is mostly based on an October count of pupil numbers (with the exception of the early years element which is based on the January early years census). The notional blocks are not ring-fenced and authorities can move funding freely between them with the agreement of their Schools Forum. Those blocks are set out below

Early Years Block

29. This is funding for 2, 3 and 4 year olds, other than high needs pupils, in both the maintained sector and in private, voluntary and independent providers of free early years education.

Schools Block

30. This block funds primary and secondary schools via a local formula (excluding high needs pupils). The permitted number of formula factors was reduced from 37 to 12 in 2013/14, with the aim of a clearer, simplified and more transparent way of funding schools and paving the way for a national funding formula from 2015/6.

High Needs Block

31. This block funds provision for all high needs pupils and students from birth to 25, in line with the Government’s proposals for Special Educational needs and disability, in order to produce an integrated and coherent approach to assessment and provision across the 0-25 age range.

Decisions Required by the Schools Forum and the Executive

32. The final allocation of the Dedicated Schools Grant will be determined by the Schools Forum in March. The overall budget is shown in the Green Book (page 5). At this point, as the representative body of schools and other providers of education and childcare, the Schools Forum requests that the following decisions for the 2014-15 Schools budget are agreed:

Item 2014-15 Funding £’000 Approval of the funding formula for primary and 144,059 secondary schools (see Appendix J) Approval of centrally retained budgets for 2014-15 2,363 (see Appendix K)

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Approval of early years central budgets for 2014-15 2,108 (see Appendix K)

Public Health

33. The Public Health service, together with around half of the budget that it previously commissioned, was moved from the NHS to the Council with effect from 1.4.2013. The budget is ring-fenced to ensure that Councils cannot use it as a source of savings. The arrangements gave Luton an increase on the base budget of approximately £1million for 2013/14, with a further increase of a similar level in 2014/15. The Council is required to use this funding to fulfil its duty to take appropriate steps to improve public health and reduce health inequalities.

Health Funding For Social Care

34. The government has provided funding to the Health Service to support social care, on the basis that agreements are made between Councils and Health on how that money is spent, so that the focus of spend can provide mutual benefit. In the current year this was achieved in Luton via an agreement under section 256 of the 2006 National Health Service Act. for 2014/15 and 2015/16 the Council and the Luton Clinical Commissioning Group (CCG) are required to make an agreed joint bid to government to be allowed to use this money, now known as the ‘Better Care’ fund. The bid has to set out the schemes on which the money will be spent, the outcomes and the benefits. For 2014/15 the budget assumes that the funding allocation in the existing section 256 agreement will continue, and the additional £657k will be put in a pooled budget and spent on effective preparations for the full implementation in 2015/16. For 2015/16 the planning figures assume that all of adult social care growth will be funded from Better Care, together with a further £1.25million to protect existing levels of service provision.

35. At the time of writing, agreement has not been reached on this with the CCG, who have significant financial issues due to their 2013/14 predicted overspend.

Value for Money

36. The need to seek value for money on an ongoing basis is and has been at the core of the Council’s plans for many years. The dramatic reductions in Government grant make it even more essential that value for money is obtained for everything the Council does. This is particularly important since the numbers of vulnerable people requiring care services continue to increase. This is why the Council created a Luton Excellence culture, supported by a Luton Excellence support team of experts, and has introduced lean thinking throughout the Council’s services. The Council continues to use collaborative procurement, and its e- procurement processes, within the context of its procurement and commissioning strategies, to make savings while aiming to achieve service and environmental objectives. The savings set out on pages 31 to 40 of the green book reflect the application of value for money principles in order to produce the budget proposals.

Budget consultation and Scrutiny

37. The Executive undertook a major consultation process in 2012, entitled ‘Luton… Your Say’. Phase 1 of this community debate explored the impact of potential budget proposals and what could be done to mitigate those impacts. This informed the development of the Prospectus which guides the strategic approach to 2016. Since then it has asked for feedback on specific budget proposals in particular need of consultation.

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38. Consultation with the Schools Forum is a statutory part of the allocation of the dedicated schools budget, and the formulae used for the distribution of the individual schools budget. The Schools Forum supported the allocation shown in the appendix to this report.

39. The Trades Unions were to be consulted on the proposals for savings and spend pressures on 30 January. Views received will be reported to the Executive.

40. There is also a statutory requirement to consult representatives of national non-domestic ratepayers. Views received will be reported to Budget Council.

2014/15 Revenue Budget

41. For some years the Council has aimed to set a balanced budget without the use of reserves to pay for ongoing revenue expenditure, and the recommended budget continues this approach. Key issues for members include the following.

 Can the Council set a balanced budget for ongoing expenditure with no contribution from reserves for 2014/15?  Can the Council re-affirm the key principles of the financial strategy?  if the Council needs to use reserves to balance the budget for ongoing expenditure in 2014/15, how will those key principles be changed?

42. The current key principles that guide the financial strategy are set out below.

 To maintain a balanced budget position, and to set a medium term financial plan demonstrating how that position will be maintained  Spending plans will be closely aligned with the Council’s aims and objectives  The Council will maintain a prudent level of reserves  Budgets will be continually reviewed and modified to ensure that resources are targeted on key objectives.

43. The base budget has been prepared by budgeting for staffing at current establishment levels, less allowances for staff turnover. Inflation on supplies and services has only been added where departments made the case that it is required. As a key part of the 2014/15 budget preparation process the amounts of inflation allowable have been subject to corporate challenge, and substantial amounts of the savings proposals are reductions in the levels of inflation that were incorporated into the budget planning process.

44. The base budget for each department is shown in the attached budget papers, together with an overall summary.

45. The basis of determination of the contingency provision is shown at Appendix B, arising from the consideration of the principal budget risks.

46. A comparison between the 2013/14 budget and the 2014/15 draft base budget is shown at Appendix K.

2015/16 Indicative Budget

47. The savings list shows a level of savings that will clearly balance the budget in 2015/16, given the base budget and level of growth currently identified. It should be noted that the savings shown as beginning in 2015/16 are regarded as indicative, demonstrating how the budget can be balanced for that year. As stated in the medium term financial strategy (Appendix A) Page 13/19110 of 323

attempts will be made to make savings by working in partnership across the local public sector, and during 2014/15 there will be an overall review of budget priorities alongside a more detailed appraisal of the potential 2015/16 savings identified so far, in order to determine the way ahead.

Costs of implementing the savings proposals

48. There will be a significant cost of implementing a number of the savings proposals in terms of redundancy and pension strain arising from staffing reductions. Every effort will be made to redeploy staff to minimise the human and financial impact. The 2013/14 budget includes a provision for 2014/15 redundancies, and the 2014/15 proposed budget includes a similar provision for 2015/16, as the accounting rules require redundancies to be accounted for by way of a provision in the year in which an announcement of the potential redundancy is made.

Collection fund

49. The collection fund is a separate fund where the costs and income of Council Tax and National Non Domestic Rates (business rates) are put initially. This is because those costs and spend are shared between the Council and others (Council Tax is shared with Police and Fire, business rates are shared with Government and Fire). Executive delegated authority to me to determine the estimated surplus or deficit on the Council’s collection fund each year (EX/3/01). Accordingly I have estimated that in relation to Council Tax, there is a surplus of which £696,788 is Luton’s share. In relation to Business Rates, the contribution to the Council’s budget is normally set by the figures shown in the NNDR1 form, required to be signed by me and returned to government each January, showing the estimated business rate income for 2014/15. However, the form was only issued on 20 January so the estimates have had to be produced prior to this. In setting an estimated level I have made a provision for the value of outstanding appeals against current business rates valuations being successful, based on the experience of 2013/14.

50. The Collection Fund is now very volatile, in terms of both Council Tax and Business Rates. In relation to Council Tax, this is because it includes the impact of the Council Tax Support Scheme. Greater numbers requiring support will increase the costs in the Collection Fund. This will reduce the Council Tax base in the following year (2015/16). Of course, if the numbers of those requiring support goes down, then the Council Tax base is likely to increase.

51. In relation to business rates, the most difficult issue to predict is the number of successful rating appeals

52. Now 49% of business rates are retained by the Council, 1% goes to Fire, and 50% goes to government. , the Council is exposed to the risk of variations in the rates. Rate reductions can come from  Non-collection  Buildings being demolished, so rates are no longer payable  Businesses appealing successfully against their rating valuation (which is set and reviewed independently of the Council, by the Valuation Agency of Her Majesty’s Revenue and Customs (HMRC). In 2013/14 this has already resulted in a £1.8million reduction in the business rates retained by the Council.

53. Of course, increases in business rates will benefit the Council, and will come from new build or significant enhancements to existing buildings.

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Budget Risk Management Strategy for 2014/15

54. Any budget of the size and range of the Council’s will result in a wide variety of risks. Therefore it is essential that the Council continues to develop and monitor its budget risk management strategy, alongside the budget itself. A proposed Budget Risk Management Strategy is attached as Appendix B. It should be noted that the Strategy is dependent on recommendations regarding the level of reserves and contingencies, as well as the actual budget set, so there will need to be a review of the strategy based on the recommendations made by Executive to Council, and any amendments made by Council, to keep the strategy current and relevant.

55. It must be noted that the Council will need to live within its budget. There will be no potential for new initiatives or extra spend outside the finally approved budget provision unless those initiatives can be wholly resourced, in the short term and the long term, without impacting on the budget.

56. The budget risk management scheme assumes the continuation of the cash-limit scheme.

Capital Programme 2014 to 2019

57. The review of the Capital Programme 2014/19 has been undertaken within the context of further reductions in revenue budgets, uncertainty in the property market and increased pressure on resources from London Luton Airport. A ‘blank sheet’ approach has been adopted in relation to all budgets that are not ring-fenced. The process for the review has been as follows: a) Requests for Capital funding were invited and received. b) Each request was assessed by the Capital and Assets Forum against the prescribed LBC priorities and objectives c) Each request was categorised as New, Existing, Slippage, Renewal and Contractually / Legally Committed. d) Each request was further annotated with its funding source. e) Business Cases and option appraisals were provided where requested for internally resourced new Funding requests. f) Resources were reviewed and challenged for certainty and prudence. g) The baseline position was assessed including new requests. h) The 2nd Quarter Capital Monitoring returns out-turn positions were analysed to challenge and check any proposed slippage or under-spends some budgets were reduced by fund holders following this review. i) The Corporate Director Commercial & Transformation Services undertook challenge and scrutiny of each funding request. j) As a result of h) & i) above a number of funding requests and existing budgets are shown with amendments and/or funding reductions to achieve a revised base line programme.

58. The base-line position, with all Options Appraisals included, produced a deficit of £21.4m at 2016/17. The external auditors have advised that a balanced programme should be achieved by year 3 (2016/17). To reduce the deficit, the internally resourced projects were challenged and prioritised to ensure affordability. The original bids to the programme and the proposed projects for inclusion can be found in Appendix H.

59. Once the Capital Programme receives in principle Executive approval, all new projects will be required to submit business cases to Executive for individual approval. Once approval is obtained, the project will be governed in accordance with the Project Management Framework

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and overseen by the Major Projects Board.

60. Internal resources are largely in line with the previous capital programme, except that there are additional revenue contributions to capital outlay of £7m, of which the main ones are: 1) Carefirst (Social Care system) replacement £1.5m; 2) Modernisation of Care Homes £2.1m; Portal £1.6m. Pudential borrowing levels have increased by £2m. the analysis of the overall resources required to fund the programme is demonstrated in the following graph:

Breakdown of Resources - 5 Year Capital Programme

Revenue Contributions £6.9

Third Party Contributions £7.7m

Prudential Borrowing Schemes £33.9m

Capital Receipt £21.0m

Capital Grants (SCE(C)) £142.5m

LLA Dividend £36.1m

61. Major projects within the programme include:

a) Luton Dunstable Busway (£90.1m) b) Town Centre Transport Scheme (£20.3m) c) M1 Junction 10a (£29.2m)

63. The total value of the revised programme is £170,528,900 which represents a reduction of £44,979,900 on the 2013/18 programme. The main reason for this is the financial completion of the Building Schools for the Future construction projects for Ashcroft and Lealands High Schools, which removes £34million from the programme, together with the reduced level of estimated Basic Need Grant to fund primary school works from 2015/16 onwards.

64. The key risk factors in relation to the Capital Programme are as follows:

a) The overall size of the programme, which is large for a relatively small unitary authority, and includes major construction projects. b) Resources, particularly dependence upon capital receipts and dividend, and the cash- limited grant funding of projects including those major construction schemes where spend can significantly exceed budget. c) The potential for the lack of a strategic investment approach, resulting in a piecemeal and fragmented approach to investment. Page 13/19413 of 323

d) Increased health & safety risks due to very limited expenditure on building maintenance and highways. e) Programme and project management risks associated with major projects and potential overspend. f) High value existing contractual commitments within the programme. g) The under provision (although improved in comparison with last year) in required funding for additional school places.

Minimum Revenue Provision 65. The financing costs of borrowing and capital financing arrangements are based on the interest cost of borrowing, plus a ‘minimum revenue provision’ used in place of depreciation/principal repayments for local authority tax-setting purposes..

66. Statutory guidance requires each local authority to prepare a statement of policy setting out how it will make a prudent Minimum Revenue Provision (MRP) for the next financial year. The Policy is included in the Treasury Management and Annual Investment Strategy.

Scale of Charges

67. The majority of charges for 2014/15 were approved by Executive in November. Proposals not approved at that time are shown in the yellow pages of the ‘Green Book’ Budget Papers. The most significant area is Community Development. It must be noted that the budget has been prepared on the basis that these proposals will be approved, and if alternatives are put forward, the impact of those proposed changes will need to be calculated and allowed for in the decisions on the overall budget and council tax.

Reserves

68. The Local Government Act 2003 requires the Chief Finance Officer’s views on the necessary level of reserves to be reported to full Council as part of the budget process. The Chartered Institute of Public Finance and Accountancy (CIPFA) have added to this by recommending:

 A review of the level of earmarked reserves as part of budget preparation, together with estimates of the use of reserves in the forthcoming year;  A statement from the chief financial officer ‘on the adequacy of the general reserves and provisions in respect of the forthcoming year and the authority’s medium term financial strategy’.  A protocol for the management, control, and use of reserves

69. Attached as Appendix F is a table showing a protocol for each reserve, setting out its purpose, how and when it can be used, and procedures for management and control. Also included in the table are estimated balances and estimates of the potential use of reserves in 2014/15. It is recommended that all the reserves continue to be reviewed annually as part of this budget report, in order to ensure continuing relevance and adequacy.

70. CIPFA’s Guidance note on Local Authority Reserves and Balances sets out the issues that need to be taken into account in order to assess the adequacy of the unallocated general reserves. Essentially this involves looking at the strategic, operational and financial risks facing the authority, the budget assumptions, including the treatment of demand-led pressures, and the authority’s financial standing and management. This therefore involves a very wide-ranging assessment. Particularly important areas are the Council’s budget monitoring processes, the Risk Register, the Budget Risk Management Strategy, and the treatment of growth and savings. An assessment is set out in Appendix B.

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Robustness Of Budget Proposals

71. The Local Government Act 2003 makes it a requirement that the Chief Finance Officer reports in public on the robustness of budget proposals. This report will be presented to Council as part of the Executive’s budget proposal.

Financial Health

72. In order to aim to maintain a healthy financial position, the Council needs to continue to do the following.  Keep to the balanced budget position.  Grow Luton’s business base.  Generate additional income from the Council’s assets.  Identify projects that will achieve the level of savings required to balance the budget in the medium term, as set out in the Medium Term Financial Strategy (Appendix A)  Work towards a capital programme that spends resources when they are received, rather than prior to their receipt.  Manage the capital programme overall, by timetabling the major capital schemes to avoid the largest financial risks being taken on at any one time, to minimise the risk of the Council being left with cost overruns, and/or additional revenue impact.  Continue to embed the value for money culture and the lean principles of the Luton Excellence project throughout the Council, so that the organisation is continually improving its customer service and providing more for less.  Continue to combine medium term budget planning with the embedding of the Luton Excellence culture, so that work on budget planning and development proposals is an ongoing process during the whole year.  Work towards the development of a revenue budget of a size that is sustainable in the long term, so that changes in pay and prices, net of efficiency savings, are in line with likely levels of income.  Use any one-off financial windfalls to fund one-off, non-recurring costs and schemes that reduce ongoing costs and liabilities, so that the underlying spend is funded by underlying income, and the long-term budget situation is improved.  Ensure that a prudent amount of revenue reserve is always maintained.

73. The Finance service continues to be reviewed, and has been restructured, with a reduction in posts, in 2013/14. The impacts will need assessment during 2014/15.

Financial strategy

74. the proposed strategy is set out as Appendix C.

Council Tax levels

75. Current Council Tax comparisons with unitary councils, neighbouring authorities, and national averages, are set out in Appendix E. The list of unitary authorities is sorted with the lowest band D council tax (including parish precepts) at the top.

Goals and objectives

76. The key goals and objectives are: 77. 1. To set a balanced budget for 2014/15 in line with the legal requirement to do so. Page 13/19615 of 323

2. To set a fully resourced capital programme for 2014/19 in accordance with the requirements of the Council’s standing orders. 3. To set a budget risk management strategy that will enable the budget to be managed effectively. 4. to set a medium term finanancial strategy and plan, together with a financial strategy, that will enable the council to work effectively in the medium term towards meeting its service aspirations as set out in the prospectus within the level of resources available to it.

Proposal

78. The proposal is to set:

i. a revenue budget incorporating the savings and spend pressures shown in the Green Book, together with a specific proposal for the level of council tax; ii. a capital programme as set out in the blue pages of the green book on the basis of the resource statement set out in Appendix G; iii. a medium term financial plan and strategy as set out in Appendix A.

79. In order to manage this effectively, the implementation of the Budget Risk Management Strategy set out in Appendix B will be essential.

Key Risks 80. There is a separate appendix – B – setting out a detailed Budget Risk Management Strategy. The major risks relate to not achieving the savings, increases in demand for high cost care services, and overspends occurring in capital as well as revenue. It is also essential as stated above that robust EIAs are completed and consulted on prior to implementation of savings to mitigate a risk of challenge of specific budget items.

Consultations Councillors Consultations

81 The budget has been prepared in consultation with members of the Executive.

Stakeholder Consultations

82. Full details of consultation is set out in the section of this report headed Budget Consultation.

Overview And Scrutiny Board Consultations

83. Key budget issues have been considered by the Finance Review Group during the budget preparation process. The Group were provided with details of budget savings proposals in private to aid their considerations.

Equalities/Social Justice Implications Report by the Social Justice Unit Overview: 84. The Council continues to face wide ranging reductions to its budget from national

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government with a further £18,310,000 of savings required for 2014 – 2015. Recent research by the Josph Rowntree Foundation1 found that local authorities in areas of deprivation have been more impacted by austerity measures than those authorities in more affluent areas. Luton has wards that fall within the 10% most deprived and therefore as an Authority have been heavily reliant on Government Grants. It also receives less money from Council Tax than more affluent authorities (see Appendix C). The study found that;

. local government spending in England is set to fall by nearly 30 per cent between 2008 and 2015; ...... The underlying cut in funding for existing services is even higher; . cuts in spending power and budgeted spend are systematically greater in more deprived local authorities than in more affluent ones – a difference of around £100 per head in both England and Scotland; . reductions in spending tell only part of the story as authorities also have to cope with rising costs and demands.

85. The Rowntree Foundation’s report states that ‘In the coming years, local government will play a different role in relation to individual well-being and quality of life as well as economic leadership. This repositioning will involve:

o The withdrawal of local government from the provision of a number of services and the dilution of provision in respect of others, accompanied by a transfer of responsibility for some services and client groups to other agencies, sectors and partnerships. o A redefinition in the relationship between citizens and local councils. Citizens will be expected to take greater responsibility for their own well-being, as well as for quality of life within their neighbourhoods. o A refocusing of resources on meeting the needs of the most disadvantaged and vulnerable citizens within council areas and on measures designed to prevent such needs intensifying. o A renewed emphasis on developing and managing economic growth as a means both to generate income and to develop the economic competitiveness of the local authority and its region in the longer term’2

86. The budget proposals for 2014/15 show the initial stages of this change. Analyses of impact have been undertaken in some areas of proposed saving, and some projects that have not yet been considered but will be in the coming months. Therefore this analysis gives a view of what the budget proposals for 2014 – 2015 may mean in relation to the impact on citizens and staff.

Equality Act (2010):

87. The Equality Act 2010 and the associated Public Sector Duty (2011) together place a duty on local authorities to analyse the impact of their decisions, prior to any decisions being taken. The Duty enforces the point that public bodies must start to consider equality impacts at the policy development stage, or when an organisational or functional change is being implemented, and not retrospectively. Luton Borough Council has always considered

2 Coping with the cuts? Local government and poorer communities Annette Hastings, Nick Bailey, Kirsten Besemer, Glen Bramley, Maria Gannon and David Watkins.

28 November 2013 Joseph Rowntree Foundation page 4

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and analysed its policies, service delivery and decisions with the support of Integrated Impact Assessments (IIAs) which consider cohesion, social inclusion, health and environment. The Council is mindful of the General Duty that has existed for some time to ensure that due regard is given to the advancement of equality of opportunity, and the fostering of good relations between people who share a protected characteristic and people who do not share it. In this regard Luton Borough Council continues to go beyond the pure data analysis of an equality analysis and considers the wider impacts wherever relevant and practicable. The Council remains committed to ensuring that the most vulnerable citizens are protected during these harsh financial times.

88. As stated earlier, not all the budget reduction proposals contained within this report have undergone an analysis of impact at the time of writing. This is either because some of the projects are still too early in the process, or, in some cases, following initial analysis and review by the Social Justice Unit, it was agreed that an analysis of impact was not required. Impacts assessments are also undertaken where staff are involved and at risk of redundancy, or will experience major changes to their job role. In that context the Council is seeking to ensure that it is not acting in a discriminatory manner. To this end, all IIAs must carefully consider the mitigation for potentially negative impacts or outcomes for citizens, customers or staff. Mitigation may include support for staff who are facing redundancy or ensuring that customers are engaged with and properly informed prior to a decision being taken.

Consultation and Engagement

89. Consultation and engagement continues to be integral to all major projects. At one level this ensures that the Council is not in breach of legislation. Importantly, it also ensures the Council is being open and transparent in its approach and in its consideration of the outcome of any specific project.

Departments

90. As part of the process of ensuring that the Council is considering the budget in relation to its wider community commitments, the transformation and savings projects have been considered in aggregate. The table below shows the number of projects per Department in the draft budget proposals. The savings list shows whether an IIA is required and whether one has been undertaken to date. There are only 6 where there is an element of saving in 2014/15 and the IIA has not yet started. (The remaining schemes shown as not yet started are indicative savings for 2015/16.) The budget saving can also have a staffing dimension – details are contained within individual IIAs and the savings lists show the estimated number of total staff reductions for each 2014/15 saving.

91. The 131 savings proposals for 2014/15 that underpin this budget can be broken down by department as shown below. This does not provide any indication of the differing size and nature of projects but is simply a tally. Further details are set out in the savings list in the budget papers.

Department Number of individual savings proposals with savings in 2014/15 Children and Learning 16 Housing and Community Living 20 Environment and Regeneration 41 CaTS 51 Page 13/19918 of 323

Corporate 3 TOTAL: 131

92. The proposals add up to £18.3 million pounds worth of savings with the largest financial saving coming from Environment and Regeneration. Service reductions within E& R tend to impact on the whole community as their services respond to whole community needs. They are not the type that is targeted towards specific groups, such as those deemed the most vulnerable. The E&R services affect all residents and the built and living environment. Services have been reviewed and redesigned so that the impact on residents is minimised but some of the schemes will inevitably impact on the number of employees required to provide these services. It is also to be noted that many of the budget reductions will mean that services are retained but at minimal standard levels. There are some projects where the IIA has not yet started or is still in progress that must go through the democratic process and public engagement before they are implemented.

93. For 2014/15 the majority of Adult Social Care savings arise from working with providers to keep purchased care costs at a minimum, with increases below inflation levels. The proposals to review charges for services will need careful review from an equalities viewpoint. A key issue for the future is developing effective joint working with the Luton NHS Clinical Commissioning Group This is an extremely important both in relation to financial savings but also in the seamless services to citizens.

94. Children and Learning are also looking to reconfigure service provision and target services on the most vulnerable whilst also looking at how the Department is managed. This is in line with the Council’s stated aim of becoming a more focused authority that commissions services, rather than being the direct provider of such services. It also supports the continuing principle of protecting and supporting the most vulnerable citizens, and of early prevention and intervention.

95. The Corporate and Transformation Department has 51 projects, some budget reductions, some additional income, and some remodelling of how the Council is to look and connect with citizens. It also looks at savings in the Corporate Centre. One of the key themes to to aim to trade services that the Council delivers, in order to bring in additional income and therefore reduce the need to make budget savings across the spectrum of services provided/commissioned by the Council.

Wider Impact: Welfare Reform

96. One of the concerns that the Council has to consider is the impact of the wider welfare reforms on citizens, plus the new responsibilities that the Council has to undertake in regard to Crisis Support and Council Tax Benefits. Both of these new responsibilities go alongside the reductions to welfare reform and changes wholesale to how benefits are provided by the State. This comes in the form of the new Universal Credit, now not expected to go national until 2017, (a change from the original proposal to roll out the reform from 2014. LBC undertook its own IIA on the impact of local people of new welfare reforms and found that those most likely to be impacted by these changes were;

 People with disabilities and families with a person with a disability or long term health condition  Families with a child under 5  Families with school age children  Larger families

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 People under 35  Adults of working age

97. The impact is not a positive outcome, the IIA showed that locally the reforms will;

 make some people considerably financially worse off;  will cause social upheaval due to the housing reforms (for those under 35) and for those under occupying.

98. The Social Justice Unit are analysing the overall impact by considering the impacts already undertaken in the past year, and the projects that are within the draft budget presented to Executive in early 2014. What the analysis shows to date is that the biggest impact will be on age and disability, whilst there will be some impact on age and race. There is no immediate impact on gender reassignment or marriage and civil partnerships or faith/belief, however this may change when further analysis of impact is undertaken of those projects as yet not considered.

Disability and those with long term health needs;

99. The Welfare Reform analysis highlighted the impact on people with disabilities or families where a child or adult has a disability, or long term health need. National evidence is showing that the impact on this group is disproportionate in relation to welfare reform. Aany further cuts to services or support to these individuals/families, which have a negative impact, would compound these national changes and could have a detrimental impact on these individuals/families health and wellbeing. This will require continued monitoring of outcomes, looking at how mitigation across all departments is ensuring that the most vulnerable remain supported. Some consideration of projects will not come into fruition until the budget year of 2015/16, and therefore are not fully considered for this budget round of 2014/2015.

100. Luton continues to consider how best to provide services to people with learning or physical disabilities, and long-term health conditions. The remodelling of learning disability services is on-going. As part of the transformation of the Council and part of the Action Plan and mitigations of the local welfare reform IIA, the Council is presently providing targeted support through its customers services, housing department and communications department to ensure that citizens are aware of the changes coming and what help and support is available.

Race

101. Race includes all the diversity of Luton, White British, Irish, African, Caribbean, Bangladeshi, Indian, Pakistani, Polish, Somalian etc and some of our services are for those who are assessed to need care and support or who are providing support outside of the Fair Access to Care Criteria, whether as an adult or a child. Community services are provided across the whole Town, but Environment and Regeneration are having to consider 41 projects, some of which will have a direct impact on citizens and thereby will impinge on all communities in the Town. Other services, i.e. adult social care, will be considering some projects which support specific BME communities and will therefore directly impact these communities. No impact analysis has yet been undertaken on some projects identified in the savings budget as it is too early in the process, but an IIA will be undertaken on all projects that require an analysis and will be presented in any Executive report.

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Gender:

102. No LBC services are gender-specific, although the Council does support services via service level agreements and LLAL monies support women only projects in the community, in particular services that support women facing domestic violence and honour based violence. However there will be other budget reductions that will impact on women and men, as citizens, as a parent, as a carer, a person requiring support or advice; many of these will be generic services provided to all citizens. There will also be an internal impact, in that redundancies will play a part of the budget reductions. LBC is presently made up of a workforce which is 67% female; therefore redundancies may have a greater impact on the female workforce than male workers. However this cannot be known until the end of any year, and consideration is given to the whole figure of those made redundant.

Age:

103. Any reduction in services is possibly going to have an impact on the community, and across all age groups. For example, an increase in the cost of sporting facilities will impact on those who use our community spaces for recreational use, i.e. football, rugby, cricket – across a large spectrum of ages, genders, races and those with disabilities. The proposed 20115/16 integration of services across Adult Social Care and Luton NHS Clinical Commissioning Group will have an impact on those aged 18 plus, but also services for children and young people, hopefully in a positive way. Consideration of how and who provides services for specific older person services will also have an impact that will need analysis when joint care proposals are put forward. The potential impact of the reductions in funding for early intervention services in Children and Learning will be mitigated by the decision of the Airport Board to make donations to charities who will take on these services A specific cut to young carers is also identified, again as yet this has not been analysed but this is a group recognised as being important to family well being and social inclusion.

104. Whilst individuals may find themselves impacted by the budget considerations, the collective protected groups not discussed above are not disproportionally negatively or positively impacted. All projects will continue to be analysed for impact as per legislation as and when proportionate to do so.

Appendices and additional background papers attached: The following appendices are included with this report (in addition to the ‘Green Book’ budget papers, that should be retained by all members for the full Council debate). Appendix A – Medium Term Financial Plan And Strategy (pages13/14 – 13/37) Appendix B – Risk Management Strategy and Contingency Provision (pages 13/38 – 13/59) Appendix C – Financial Strategy (pages 13/60 – 13/68) Appendix D – Government Grant (pages 13/69 – 13/72) Appendix E – Council Tax Comparisons – 2013/14 Levels (page 13/73) Appendix F – Protocol for the Management, Control and Use of Reserves (pages 13/74 – 13/77) Appendix G – Capital Resource Assessment (page 13/78) Appendix H –. Capital Programme Option Appraisals (pages 13/79 – 13/80) Appendix I - Analysis Of Variances Between 2014/15 Net Expenditure Prior To Growth And Savings, And The 2013/14 Budget. (page 13/81) Appendix J –Schools Funding Formula 2014/15 for Primary and Secondary Schools (page 13/82) Appendix K – Dedicated Schools Grant Centrally Retained Budgets 2014/15 – Schools Block and Early Years Block. (page 13/83) Further background papers: The detail of the consultation that informed the Council’s Prospectus and its budget strategy to 2015/16 are set out at: http://www.luton.gov.uk/council_government_and_democracy/consultation/lutonyoursay/pages/def

Page 13/20221 of 323 ault.aspx Coping with the cuts? Local government and poorer communities. By Annette Hastings, Nick Bailey, Kirsten Besemer, Glen Bramley, Maria Gannon and David Watkins. 28 November 2013. Joseph Rowntree Foundation. http://www.jrf.org.uk/publications/coping-with-cuts

IMPLICATIONS

Clearance – agreed by: Legal The Executive is required to recommend a budget to full This has been council for approval and Full Council is required to approve a agreed by John budget and set a level of council tax for 2014/15. The budget Newman, Solicitor, set may not be a deficit budget. on 28/1/14 Finance These are addressed in the body of the report. Head of Finance, 27/1/14

Integrated Impact Assessment – IIA – Key Points Equalities/ The report includes a full assessment of the Agreed by Sandra Cohesion/Inclusion impact in paragraphs 80 to 100. Legate, Social Justice (Social Justice) Unit on 27/1/14 Environment The budget approved by Council sets the level This has been agreed by of resources available to address Trevor Brennan, environmental implications. A number of the Strategy and savings, particularly those in Environment and Sustainability Officer on Regeneration, such as the reviews of Grounds 28/1/14 Maintenance, Enforcement and AV, Environmental Health, and Strategy and Sustainability, have the potential to impact negatively on the environment. Public Health The budget provides the funding capacity for Agreed by Morag public health services in 2014/15 Stewart, public health, 27//1/14 Community Safety The budget ultimately approved by Council will set the level of resources available for Community Safety. Staffing The budget ultimately approved by Council will Agreed by Angela set the level of resources available for paying Claridge, Head of HR employees. The base budget makes provision and Monitoring Officer, for staffing at currently approved levels. There 27/1/14 are no additional posts in the spend pressure proposals. There are 58.2 FTE reductions currently indicated in the savings proposals, over and above those already made. 16 of those posts are currently vacant. Provision is also made in the base budget for the impact of vacancies arising from staff turnover during the year, and it is assumed that staff advertising will be paid for by holding posts vacant.

The Council has an active redeployment policy as a key part of its organisational development,

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and this will be used to try to minimise the number actually made redundant.

FOR EXECUTIVE ONLY - Options:

It is open to the Executive to recommend any level of Council Tax increase or decrease, provided due consideration is given to the level of savings, spend pressures, growth items, fees and charges and/or any contribution from reserves in order to balance the budget with the level of tax increase proposed. Consideration must also be given to the need for a referendum should an increase above 2% be proposed. It should be noted that a budget set with a contribution from reserves to fund ongoing expenditure would require a change to the Council approved medium term financial strategy, that a capital programme set at a level above the estimated available resources over a 5 year period would be in contravention of the Council’s standing orders, and that budget proposals put to the Council have to be accompanied by a statement from the Head of Corporate Finance as to their robustness.

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Appendix A

Medium Term Financial Plan and Strategy Introduction 1. The medium term financial plan sets out how resources will be prioritised in order to achieve the aims set out by the Council in its Prospectus, which also links to Luton’s Sustainable Community Strategy. 2. For many years the Council has provided value to the taxpayers of Luton by setting a Council Tax below the national average, and considerably below the level of the council tax elsewhere in Bedfordshire. 3. The 2013-2018 medium term plan was based on the need to find substantial levels of efficiency savings in future years. This plan sets out the Council’s overall objectives and priorities, and how those can be achieved in the context of the major reductions in funding that the Council will receive over the next 5 years. It outlines predicted budget pressures, growth areas, and further savings targets. 4. The Council’s work and medium term planning is driven by its aim to work with the people, organisations and public sector partners in Luton, and with the interests of Luton at heart, in order to achieve the Sustainable Community Strategy for Luton, This strategy was devised in May 2008 by people representing a cross-section of the community and all the public sector partner organisations. Their aim was to set out how the town should be in 2026, the year when a child born in 2008 would be leaving school. 5. In 2011, it was agreed to focus on eight priority outcomes: . Fewer people living in poverty . More people, including those who are vulnerable, able to live independently . Increased healthy life expectancy . Improved educational attainment for children and young people . Increased number of people with appropriate skills, helping business create the jobs that lead to employment . A reduction in serious crime and the fear it causes . An improved and sustainable natural and built environment . Stronger community cohesion across the town In order to embed this in the Council’s work, its mission statement is: ‘The needs of Luton’s people will be first in everything we do’. 6. The Prospectus 2013-2016, written in the context of the medium term financial challenge facing the Council, focuses on a three point plan:  To increase income from business growth  To better equip residents of all ages to get jobs through investment in education and training

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Appendix A

 To work efficiently with key partner organisations to ensure the most vulnerable in Luton are safe and supported. 7. In terms of increasing income from business growth, the prospectus outlines the key role for the Council in terms of working with business, investing in the environment and infrastructure, and ensuring a skilled workforce. 8. In terms of education and training, the prospectus focuses on investing in early years learning and education, vocational training and working with employers, lifelong learning, and working with the university. 9. The safe and supported section focuses on a healthy start in life, reducing health inequalities, the importance of housing, and caring for vulnerable adults. Links to other key Council resource strategies and policies

Transformation Strategy 10. The Transformation Strategy for 2013/16, Luton Together Phase 2, links directly with the Medium Term Financial Plan and Strategy in that it outlines how the Council intends to achieve the level of savings that are needed to balance the financial strategy, while remaining a fit for purpose organisation. The two are thus entirely complementary, and changes in the levels of savings targets in the medium term plan will need to be picked up and updated in the Transformation Strategy. 11. The key objectives of the transformation strategy are set out below, and link the finances with customer focus, and a strategic approach to Human Resource Management. Placing Luton’s people at the heart of everything we do Balancing budgets Raising productivity and performance

Information and Communications Technology (ICT) Strategy

16. The Executive approved an ICT strategy in 2013, which includes the principle that ICT investments have to be justified by a positive financial return.

Procurement and Commissioning Strategies

17. The procurement strategy sets out how the Council aims to improve value for money, by buying ‘more for less’, and at the same time ensuring that it procures services in sustainable ways, assessing environmental impacts, and whole life costs, not simply short-term savings, when considering options. The major care services have set out clear commissioning strategies that demonstrate how they will be assessing and improving value for money.

Energy Policy

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Appendix A

18. The Energy Policy includes the principle of initial investment in energy saving and efficiency improvements where they can be demonstrated to be viable.

NATIONAL CONTEXT

Introduction

19. Luton’s financial and service planning takes place within the context of the national economic and public expenditure plans. This part of the Medium Term Plan discusses the broad assumptions within which the budget and Medium Term Plan are framed.

The Economy and Public Expenditure, and Prospects for Local Authority Funding

20. The recession and credit crunch of 2008 to 2009 and its aftermath changed the face of the whole economy, particularly the prospects for public expenditure. This has had a huge impact on local government, as reductions in public sector spend now look likely to continue for the rest of this decade. The assessment of the Office for Budgetary Responsibility that accompanied the Chancellor’s ‘Autumn’ Budget Statement (produced on 5 December) implies that by 2018/19 public expenditure will fall to its lowest level as a proportion of national income since national accounts began to be recorded in 1948. 21. The leading local government commentator, Tony Travers, suggested at the January Local Government Finance Conference that it was likely all parties would be forced to commit to continue protecting health and schools budgets, and that if this happened, then the current levels of grant reduction for local government would continue whatever government comes into power in 2015, given the limited funds available. 22. The national levels of local government grant reduction for 2014/15 and 2015/16 are greater, over those 2 years, than the levels over the previous 3 years.

Financial pressures for local government nationally

23. The pressures on care services arise from increasing numbers of cases of learning and physical disability, the increasing size of the elderly population requiring care, and the number of children assessed as requiring care. 24. The costs of waste management and disposal continue to be a pressure. The landfill tax rate escalated by 8% per annum until 2014/15. There has not yet been a statement as to future levels. 25. A further issue that has arisen is that ministers are indicating displeasure with authorities who react to the reductions in grant by trying to raise more income from charges to the public, whether via the Council Tax or car parking charges.

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Appendix A

26. Council Tax and Housing Rent collection is more difficult when financial pressures are being experienced by many people. The problem for local authorities is expected to be exacerbated by the implementation of Universal Credit. This is because it is due to be directly to the claimants. Currently many tax and rent payments, including payments in respect of arrears, are made by direct deductions from benefits. 27. The demand for regeneration services increases as the job market reduces. It has also become crucially important for the Council as its future income is dependent on business rates. Unemployment also increases the need for welfare and Education services. 28. Capital receipts from the sale of land, buildings and council housing, which have been the traditional source of funding for Council capital programmes for some years, are very difficult to realise in the current property market.

Inflation

29. The government’s preferred rate of inflation, CPI, is currently running at 2.7% (December 2012). RPI for December was 3.1%. 30. The government’s assumption in calculating the 2014/15 provisional settlement for local government is that RPI will be 3.1% next year.

Council Tax Levels

31. Last year about 64% of authorities accepted the Government’s Council Tax freeze grant, which was equivalent to the value of a 1% increase in Council Tax. 36%, including Luton, did not. 32. Prior to the introduction of a referendum limit on Council Tax increases, the tax increased at a level significantly above inflation for a number of years, due principally to the ‘gearing effect’ – a 1% increase in costs is equivalent to a tax increase of more than 2%. Luton’s basic tax level is below average, and the amount raised by a 1% increase in Council Tax in Luton is also well below average for a town of Luton’s size, due to the number of dwellings in Luton on low tax bands. This combination of factors continues to put pressure on Luton’s financial position. This is particularly so at a time of decreasing Government support – for authorities with a higher Council Tax, and higher banded properties, have less reliance on that support. 33. The following table shows the national average increases in band D council tax for 2 adults, compared with Luton’s increases since it became a unitary authority.

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Council National Tax Luton Increase to Tax Increase Council Luton Tax taxpayers Increase Year %age %age %age 1997-8 6.5 -9.01 -7.4 1998-9 8.6 8.8 8.6 1999-0 6.8 7.9 8.1 2000-1 6.1 7.5 7.6 2001-2 6.4 5.9 5.8 2002-3 8.2 14.7 14.5 2003-4 12.9 6.3 7.4 2004-5 5.9 0 (see note) 8.4 2005-6 4.1 4.9 4.5 2006-7 4.5 4.9 4.9 2007-8 4.2 4.8 4.8 2008-9 3.9 4.3 4.8 2009-10 3.0 4.0 3.9 2010-11 1.8 1.9 2.0 2011-12 0.0 0.0 0.0 2012-13 0.3 3.4 3.4 2013-14 0.8 2.0 2.0 Note: Fire was included in the LBC figure in the years to 2003-4, but not in 2004-5. The figures for these years are therefore not directly comparable

Education Funding

34. Schools and school-related funding is provided 100% by the Department for Education (DfE), in the form of the Dedicated Schools Grant (DSG). The Government committed to maintaining school funding nationally at a flat cash rate per pupil until 2014/15, with the pupil premium as additional funding of £900 for all those pupils who have eligible for free school meals in any of the last 6 years. 35. The Government is moving towards a new national funding formula for primary and secondary schools, which is intended to begin in 2015/16.

Health Funding and the Better Care Fund

36. Public Health is now an important part of the Council’s services, funded from a ring-fenced grant. The Government has also introduced the Better Care Fund, which begins in 2014/15, and will be fully implemented in 2015/16. The funding of the Better Care Fund is counted in both the National Health Funding, and in the spending power of Councils, on the basis that spend on improving aspects of social care will reduce the need for expensive, acute health care services, making savings in the health system. A key issue for the financial future of local authorities is working effectively with the local Clinical Commissioning Groups (CCGs) to agree

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the approach to the use of this money, and to ensure it achieves savings across the health and care systems.

LUTON’S LOCAL CONTEXT

Partnerships

37. There are a number of specific public partnership bodies that provide joined up services between the public sector organisations, such as mental health. The Council adopts a collaborative procurement approach using the Central Buying Consortium (CBC), Pro 4, and other national and local procurement groupings, as well as buying into contracts negotiated nationally by the Office of Government Commerce, and this continues to develop. One specific example where the Council’s own contracting expertise is used by other public sector bodies is the temporary staffing and recruitment contract, where others buying in include Police and Fire, Central Bedfordshire, Bedford Borough, and Suffolk County Council. 38. In the medium term the Council has to look at options for a greater use of partnerships in the management and delivery of services, in order to achieve the levels of savings that will be required. 39. The Council’s People Strategy notes that we are also ‘planning future workforce requirements in collaboration with our main partners’. This will include developing joint strategies to overcome medium and long term skills shortages and ensuring our workforce reflects the community it serves.

Budget Approach

40. It is essential that the revenue budget and capital programme are considered together. Many resources, both capital and revenue, are only available to spend on specific projects, but others, such as the Airport Dividend, can be switched between revenue and capital spend. The key indicator in the prudential code of capital finance is the revenue effect of the capital programme on the level of council tax and housing rents over the medium term. The ongoing revenue impact of capital programme proposals is one of the key issues to be considered when reviewing the capital programme. 41. Looking at revenue and capital resources and spend decisions together therefore helps the council to ensure that its resources are used to best effect and that decisions are taken in a ‘joined-up’ manner. 42. The long-term aim is to have sustainable levels of revenue budget and capital programme focused on council priorities that will enable the council to achieve the targets of the sustainable community strategy and corporate plan, meet its statutory requirements, satisfy the aspirations of residents, demonstrate best value, and keep the Council Tax at affordable levels. This appeared a very demanding aim prior to this period of sustained reductions in Government grant, and is even

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Appendix A

more difficult now. However, budget setting in any one year cannot be seen in isolation from the medium–term projections and this long-term aim. 43. There are some limiting factors, and key ones are set out below.

 Scope for increasing non-domestic (business) rates in Luton. One of Luton’s key issues in relation to the new finance system is that it is already very heavily developed, with limited amounts of land available for business development, and with major housing need that also has to be considered. The redevelopment of Junction 10A, together with funding for the Luton Inner Ring Road, is vital to provide the road infrastructure to avoid further objections from the Highways Agency against significant development proposals and hence to enable the realisation of large scale development projects in the limited areas where they are possible. Such developments are now key to the future funding of public services in Luton. Significant business expansion is now key to the delivery of additional funding for Council services.  Demand-led Spend. Many areas of the Council’s spend are demand-led, and have to be provided in accordance with statute. Costs of service provision to the vulnerable – in particular the elderly, children in care, and children and adults with complex disabilities – continue to increase, as the numbers requiring complex care increases, and the costs of that care increase also. As life expectancy continues to increase, the numbers of the elderly, and the costs of caring for the elderly also increase by a much greater rate than the normal inflation factor.  The need to reduce the amount of waste sent to landfill. This continues to be a major financial issue facing councils. The Council is currently developing a Waste Management Strategy to address the issue. This is likely to have significant financial implications which cannot be assessed until the Strategy is complete and costed.  The need to produce a 5-year capital programme that is fully resourced.  The financial risks surrounding major capital schemes, both individually, and in terms of their combined effect. The draft programme includes some very major schemes which are funded by way of capital grant: the Luton Dunstable Busway, the completion of the Inner Ring Road, and the redevelopment of Junction 10A. Given the scale of these schemes, the Council needs to consider their risks, not only as individual schemes, but also in terms of their potential collective impact - for example, if all of those schemes overspent significantly, the impact on the Council would be massive. This is considered further in Appendix B.  The assumption that London Luton Airport Limited will continue to fund trusts and voluntary organisations via charitable donations that qualify for gift aid. The overall level of LLAL donations estimated for 2014/15 is now £17million. This is considered further in Appendix B.

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 A level of Council Tax in 2013/14 that is below the average of unitary authorities, and much lower than that of the rest of Bedfordshire.  An exceptionally low yield from any increase in Council Tax, due to the fact that 84% of Luton’s properties are in tax bands A, B, or C, and the number currently receiving single person discount is also above average. 1% on the 2013/14 Council Tax now yields just £539k.  The Council cannot increase its part of the dedicated schools spend by more than the percentage increase in schools spend, without the agreement of the schools forum.  The Council needs to continue to ensure that all its human resource, pay, and recruitment and retention policies for the present and future are set up, maintained and managed in such a way that no new equal pay liabilities emerge. This issue is considered in more detail in Appendix B.

Capital

44. The Capital Programme included in the Estimates Book is set out for 5 years, in line with the medium term revenue projections. The estimated revenue costs of the capital programme are included in the revenue projections set out below, with the following key assumptions. 45. The risks relating to the size of the programme are addressed in the Budget Risk Management Strategy, appendix B of the budget report. This is a major issue for the Council, and excellent project management of the capital programme, to budget and to original specification, is fundamental to the Council’s financial health, and therefore to its key objectives, particularly the one of being a financially sound and efficient council. In addition, it is essential that the schemes are built to minimise whole life running costs. 46. The resources used to fund the capital programme have been reassessed as a result of the changed economic situation. Projections for airport dividend have been reviewed in light of the current year’s throughput, and the Airport’s other financial commitments. The projected income from capital receipts has been re-assessed in light of the Council’s review of its disposals procedure in this financial year. The programme, projects and potential for resources will need to be kept under regular review to ensure expenditure and resources remain in balance over the medium term.

Revenue

 In the light of the national context and the Council’s aims, set out above, this section includes estimates of the Council’s potential medium term financial position. The initial case is based upon the following:  The final settlement for 2014/15 being in line with the provisional settlement.

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 The revenue support grant reductions for 2016/17 onwards continuing at the same percentage level as in the provisional 2015/16 settlement.  Pay awards at 1%.  The referendum limit being 1.5% in 2015/16, and 2% thereafter.  Provision for price increases to being limited to specific service areas, averaging just 0.5% across all services.  Interest rates continuing at the current low levels.  The currently estimated revenue impact of the capital programme, which does not fully address the issue of lack of school places that Luton will face in future years, or make provision for any unprogrammed costs arising from major projects (such as Junction 10A, the Guided Busway, or the Town Centre Transport Scheme). However, the Council does have a Major Projects Reserve as a consequence of this risk.  No additional costs arising from risks shown in the budget risk management strategy apart from those listed here.  An increase in council tax yield of 1.5% per annum in 2015/16, followed by 2% per annum in each subsequent year (yield depends upon the number of properties, and the provision for non-collection, as well as the percentage increase in council tax).  An allowance of £1m per annum for new growth not currently identified.  The introduction of the Single Tier Pension from April 2016, as proposed by the Pensions Bill currently being considered in the House of Lords. This ends the ‘contracting out’ of the state pension scheme for those in defined benefit schemes, such as the Local Government Pension Scheme. Estimated cost £1.5m p.a.

47. The impact of currently identified growth has been projected for 5 years. This includes the demographic impact of the increasing numbers of elderly and disabled requiring care, using the current care threshold, whereby needs must be substantial before care is offered. This remains the largest single growth area – which is in line with the LGA’s view of the position nationally.

Medium Term Estimates 2015/16 2016/17 2017/18 2018/19 £M £M £M £m Net Non-Schools Budget before the 149.8 142.2 132.2 126.3 year’s savings requirement Business Rates Retention -31.0 -32.1 -33.2 -34.4 Business Rates Top Up -10.8 -11.1 -11.3 -11.5 Revenue Support Grant -36.9 -26.2 -18.6 -13.2 Council Tax (1.5% increase assumed -55.3 -56.4 -57.5 -58.7 in 15/16, 2% thereafter) Savings requirement 15.8 16.4 11.6 8.5 Indicative savings in the schedule -16.7 0.4 1.0 1.0 Currently unallocated savings -0.7 16.8 12.6 9.5

48. It should be noted that the 2016/17 budget figure includes £1.56million additional cost in relation to the Pensions Bill provisions for ending the

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contracting out of pension schemes from the state system. This represents employer’s national insurance that will become payable from April 2016 as a result, assuming the bill gets parliamentary approval. 49. The starting budget for each year is net of estimated changes in capital financing, etc, and allows for the additional dividends that the Board of London Luton Airport Limited has included in its latest 5 year plan. 50. The table assumes that Revenue Support Grant continues to reduce at the percentage level proposed for 2015/16. It also assumes that the currently unallocated savings found are ongoing into future years. If that is not the case, or if reserves are used to help balance a budget in any year, then the level of savings required in the following year will increase as a result – e.g. if the 2016/17 budget was balanced by using £10m of reserves and £6.8m of ongoing savings, then the 2017/18 budget before savings would be £10m more than shown, and the savings target would be £22.6m, not £12.6m. 51. The reason that the level of savings required is reducing year-on-year is that the Revenue Support Grant is going down so quickly that a large percentage reduction has less of an effect.

Sensitivity Analysis

52. There are a vast number of very possible events which could change the figures significantly. For example: a. each 0.5% variation in the pay award would result in approximately £0.4m variation in costs for each year concerned; b. each 0.5% variation in non-pay contractual inflation would result in approximately £1m variation in costs for each year concerned; c. each 0.5% variation in the Council Tax yield would result in approximately £0.27m variation in income for each year concerned; d. each 0.5% variation in the Council’s business rates base would result in approximately £0.15m variation in income for the year concerned. e. there could be significant new growth, not currently identified in the medium term plan, over and above the amounts included in the plan. f. Should the airport passenger throughput be 10% less than the levels assumed in the LLAL business plan, it is likely that the company would need to reduce its dividend to the Council by approximately £1.5million. However, consideration of options in such a case is a matter for the company and not the Council. g. The Government’s welfare benefit changes could have a significant impact on the position. It is likely to make Council Tax debt collection more demanding, and could impact on non- collectable amounts. h. The base budget position could vary from that shown. It could be significantly worse if not all the savings are successfully delivered and there are major overspends on capital. It could be better than shown, if the savings are delivered and there is

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slippage in the capital programme, which will then improve the capital and interest position.

53. On this basis, when considering targets for planning purposes, the Council needs to bear in mind that the figures shown in the medium term estimates table are a single point in a range of potential outcomes. The growth figures put together at this stage are intended to identify the likely spend pressures for the next 5 years, and £1m per year has been added for potential new pressures.

Note

54. A number of the other documents published with and alongside the Budget Report are a vital part of the medium term financial plan, and were the plan published separately, would be included within it as appendices. In particular, they are the Budget Risk Management Strategy (appendix b), the Financial Strategy (Appendix D), the Government Grant formula (appendix F), the assessment of capital resources (appendix H) and the section of the budget report on the capital programme), the assessed lists of proposed growth and savings (Green Book) the capital programme itself, and the Treasury Management and Investment Strategies.

Medium Term Financial Strategy

55. The medium term financial plan and sensitivity analysis above shows that the position for future years is both unprecedented and uncertain, with very real risks that the position could be far worse than the figures shown above. 56. One of the principal aims of the medium term strategy must be to maximise income generation and efficiency savings wherever possible and keep down costs in order to minimise the impact on essential services to the public. However, the extent of the savings that have already been made in previous years means that it is difficult to find major further efficiencies without investment in transformation. The strategic aim is to try to develop local public sector partnerships wherever possible in order to make managerial and administrative savings for all organisations involved. However, specific plans need to be developed and agreed before this can translate from an aim into a budget proposal. 57. The intention is to undertake a further assessment of the entire revenue budget so that the Executive can take decisions in relation to prioritisation in order to set the 2015/16 and 2016/17 budgets. 58. This work will proceed alongside assessments of the additional income generation and trading potential and associated risks, in order to assess whether additional income can be achieved in place of savings, in a way that will not expose the Council to excessive risk.

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Appendix A

59. The level of management and support services required, and the organisation of the Council, will also be reviewed in a focussed attempt to maximise efficiency savings. 60. Where further significant efficiency savings can be found, or more income generated, it may be possible in the short term to reduce the level of savings that would have a service impact. However, this cannot be guaranteed. 61. To ensure the effective achievement of the Council’s corporate aim to be a financially sound and efficient Council, the key principles in the Council’s medium term financial strategy are as follows. a. Officers will continue to embed the principles and practices of the ‘lean’ approach, in order to improve service provision and reduce costs on an ongoing basis. b. The potential for net additional income (over and above any additional costs incurred in raising that income) will be rigorously assessed and effort invested into viable schemes to improve the Council’s financial position. c. Further efficiency savings will be continually sought and placed on the corporate savings list, with clear accountabilities for delivery by project managers, project leads, and project sponsors. d. The resources of the Luton Excellence support team will be focussed on areas where they can have the greatest corporate impact. e. Specific plans will continue to be developed and implemented within overall service commissioning strategies to address and try to use preventative measures to reduce budget growth in the key demand-driven services, such as caring for complex disabilities in both adults and children, home care and residential care for the elderly, and the costs of looked after children. This will focus on improving the life-experience and independence of the vulnerable, and ensuring that appropriate levels of care are provided. f. The municipal waste management strategy, when developed, will focus on continuing to maximise recycling and minimising landfill. g. The Council will aim to work co-operatively with its public sector neighbours, and any other appropriate authorities, to develop a shared service approach to the provision of services, particularly back office services, in order to rationalise service provision and minimise costs. h. Every service will continue to focus on value for money, in terms of efficiency, effectiveness and economy, in order to minimise costs and improve services to the public. i. The council will aim to use information technology to support transformation, reduce long-term requirements for office accommodation, minimise manual administration and hence reduce costs. It will aim to use its human resources services as an agent of organisational development to improve service and minimise costs.

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j. The transformation of the council will continue be based on the design principles adopted by Executive in 2010 (minute EX/126/10), which included, once opportunities for efficiency and service modifications have been optimised, determining which are essential services and prioritising non-essential services for cuts, and moving towards a commissioning approach as the default position for service provision. k. Officers will use e-procurement to ensure transparent procurement policies and the use of corporate framework contracts to minimise costs and achieve rebates where appropriate. l. Structures will continue to be assessed on a One Council basis to ensure that the organisation is focussed on excellent customer service at the minimum cost to the council taxpayer, and that structures facilitate rather than hinder achievement. m. Officers will continue to monitor budgets extremely closely, ensuring that outturn predictions reflect current realities, and that all variations are raised corporately in order that the budget can be managed effectively at an overall level, avoiding unexpected overspends so that the accounts can be closed in line with estimates. This remains key to managing budget risks, and avoiding the need to increase reserves. n. The council will continue to seek to develop a more commercial approach, without impacting on the services to the vulnerable 62. A key aim is to continue to improve collection of Council Tax, including arrears, in order to maximise the income available to the Council, and to ensure that those who do pay their tax are not subsidising those who can afford to pay, but try to avoid paying. 63. Council tax levels will be kept below the national average, and every attempt will be made to minimise the level of tax increase, consistent with the need to maintain key services to the public. 64. The Council will strongly encourage appropriate business development in the town. 65. The Council will strive to minimise costs and maximise income from treasury management, but this will be within the context of the overriding importance of minimising risk to the Council’s investments. 66. The council will continue to develop sites, and consider marketing for sale non-operational land and buildings which do not yield significant rental income in order to generate capital receipts to pay for capital expenditure on the maintenance of buildings, highways and street lighting, including work required for health and safety reasons. The state of the property market will continue to be assessed to determine the most appropriate time to make major sales. 67. The scale of the Council’s current capital programme brings with it risks and risk management requirements, particularly in terms of managing the level of financial risk and commitment made at any one time across the programme as a whole, rather than simply managing the risk of a single project, or a single department’s projects. The Council is addressing this at officer level through its Major Projects Group, which takes an overview of those major projects.

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68. The other general principles guiding the strategy will be: a. To maintain a balanced budget position without the ongoing use of reserves, and as part of the budget process, to set a medium term financial plan demonstrating how that position will be maintained. b. Spending plans will be aligned with the Council’s aims and objectives. c. The Council will maintain a prudent level of reserves on an ongoing basis. d. Revenue and Capital budgets will be continually reviewed and modified where necessary to ensure that resources are used effectively and targeted to achieve key objectives.

Costs of Change

69. A key issue for forthcoming budgets is the cost of making the levels of change that will be required to make the budget reductions necessary. For the 2014/15 budget there will be a number of redundancies and associated costs of pension strain to the authority for those able to claim their pension early as a result of redundancy (those between 55 and their standard retirement age). The planning figures assume this cost being met from revenue provision.

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Risk Management Strategy APPENDIX B

Budget Risk Management Strategy

Introduction 1. The Council’s total annual turnover for 2014/15, including capital expenditure, will be in excess of £500million, and it provides an extremely wide range of very different services, many of them demand-led. As a result, it faces a great variety of risks, many of which could adversely affect the overall budget. It is important in terms of corporate government and the development of a risk management strategy that the Council assesses the risks and takes steps to manage and mitigate, so far as is practicable, those that cannot be eliminated or avoided.

2. Key strategic risks have been identified on the corporate risk register, each department has its own risk register, and all reports to Executive have to consider risk implications. This is intended to ensure that new risks are analysed and where necessary risk management plans developed. It has to be accepted that new risks can arise at any time. The major budget risks apparent at the moment, and the methods of risk management being adopted, are set out in the table below, which will be used as a basis for managing and monitoring the risks.

3. As an overview, the major risks include:  Revenue budget overspends or reductions in income  The loss of major business ratepayers from the area  Appeals against HMRC’s business rates valuations being successful and resulting in significant reductions in business rates.  The extent of further reductions in Government grant support in future years.  Increases in the number requiring council tax support.  The potential impact of the Government welfare reform changes  Increases in the number and cost of those requiring social care.  The costs of redundancies and pension strain being greater than estimated.  Personalisation of care services resulting in clients not buying those services from the Council  New spend pressures  Capital projects overspending (a particular issue for Luton over the next few years because of the major projects funded by Government grant, with the Council bearing the risk of any overspend)  Expected grant income not being received  Estimated capital receipts not being realised  Risks to Airport funding, resulting in reductions in the amounts of donations to local groups and dividend to the Council  Legal risks, including any residual equal pay issues. Page 13/21938 of 323

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 A combination of significant revenue and capital overspends putting the Council’s finances under particular pressure.

4. Following this description of risk, there is an attempt to quantify potential risk levels and probabilities, in order to derive an appropriate level of contingencies, and to contribute towards the assessment of the appropriate level of reserves.

5. The airport risk is a unique one for the council and deserves specific appraisal. The council wholly owns London Luton Airport Limited, LLAL, who leases the airport to London Luton Airport Operations Limited, LLAOL, owned by Aena, under a concession agreement whereby LLAL receives income (a concession fee) based on the numbers going through the airport, and with a minimum fee level. LLAL makes substantial donations to charitable organisations who carry out functions in relation to social care, health, advice, sport and leisure. If those donations were not made, many if not most of those organisations would be likely to come to the Council to request replacement funding.

6. The LLAL board has allocated £17 million in 2014/15 to make gift aid donations to charitable organisations. PricewaterhouseCoopers, the leading accountancy and taxation advisors, have previously advised that the payment of gift aid by LLAL to support organisations in this way is reasonable.

7. The risks in relation to this include the following.  The government could cease the gift aid scheme. This is highly unlikely. Should it happen, LLAL would have the opportunity to increase dividend directly to the Council. The tax impact would mean that there would be £3.4million per annum less funding available for Luton.  The ability to claim the gift aid tax deduction would be disallowed should LLAL, or the Council, be seen to benefit commercially from a gift aid donation, or if the tainted donation rules were to be interpreted in a way that impacted on the Council.  That LLAL’s net income reduces to the degree that it is unable to make the gift aid payments.

8. LLAL’s income is based on the airport’s passenger throughput. There is a risk that the passenger numbers could reduce substantially, if major airlines reduce their use of London Luton, or a natural event, like the Icelandic ash-cloud, restricts flights. This would impact first on the dividend. Any further reduction would impact on the ability of the board to make gift aid payments.

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9. The impacts of the current economic position also require specific attention in a review of budget risk.

10. Building control, development control, land charge and property rental income are dependent on a vibrant property market. Off-street car parking is dependent on the strength of the local economy, and in addition income from other charges is at risk when individuals do not have the disposable income to pay to use chargeable Council services. Further, when the numbers on benefits increase, the proportion of people who pay for services reduces, and the numbers entitled to free provision increases. In addition, the collection of council tax and council rents is more difficult in hard economic times.

11. There is also an impact on demands for service provision, particularly in housing benefit, homelessness and the prevention, regeneration, care and education services.

12. The historically low interest rates reduce income from investments, and there are a reduced number of banks with a high enough credit rating to appear a relatively safe place for funds.

13. The level of reduction in Government grant is unprecedented in modern times and has a fundamental impact on the Council’s financial position.

14. The number of expensive placements in social care, both for children and adults, is volatile. An increase in the numbers requiring complex care puts a major pressure on the Council’s budget.

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No. Risk Risk Mitigation – Tasks Responsibility Timescale 1. Some of the approved a. Identification of volatile and risky budgets Corporate 2014/15 savings proposals might (including items 3 to 5 below) for particular attention Accountancy Lists by not be achieved. in budget monitoring by Executive and Corporate May 2014 (medium likelihood, Improvement Board. significant impact) b. Identification of savings proposals requiring All Finance May 2014 specific plans and project management & Teams identification of an individual accountable for the proposal.

c. Regular reviews of the overall budget position by Leader, Chief Ongoing Executive and Corporate Leadership Management Executive & Head Team of Finance

d. Further savings actively sought in year CLMT Ongoing e. Active management in accordance with the cash All Cost Centre Ongoing limit scheme by all cost centre managers. New Managers savings required where there is an overspend. 2. Potential Costs of a. As part of the final accounts process, double All Finance By 15th Implementing Savings check that postholders at risk as at 31.3.2014 are Managers May 2014 greater than estimated all identified and ensure costs are accrued, (low likelihood, noticeable provided for, or have reserves earmarked as impact) appropriate in accordance with proper practice. b. Apply the principles of the organisational Head of HR Ongoing development policy to redeploy affected staff and keep the number and costs of redundancies to a minimum. c. Put underspends into the reorganisation reserve Head of Finance Ongoing to provide funding for the costs of implementing change

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No. Risk Risk Mitigation – Tasks Responsibility Timescale 3. Demand-led spend in a. Include in volatile budgets list for specific Corporate 2014/15 Community Care is well financial and performance monitoring. Accountancy Lists by above budget levels May 2014 (low likelihood, critical b. Pro-active work with potential clients with H&CL Social Ongoing impact) learning and/or physical disabilities about to leave Work Teams school to enhance their ability to live independently. Move more towards direct payments, assessing impact on directly provided services Continue re-ablement work to increase prevention and independence 4. Spend on children a. Include in volatile budgets list for specific Corporate 2014/15 requiring care is above financial and performance monitoring. Accountancy Lists by budgeted levels, May 2014 particularly when there is a b. Continue utilising risk-based approach and C&L Social Work Ongoing major national focus on the prevention team. Teams ‘at risk’ registers Continue to increase fostering and care capacity (medium likelihood, critical within Luton. impact) 5. Interest Rates on Ensure continuing active management of the Head of Finance Ongoing investments reduce still Council’s Treasury Management portfolio, using further/investments at risk specialist advice as necessary due to banking crisis (medium likelihood, critical impact). 6. Failure of key supplier Review key suppliers credit worthiness on an Corporate ongoing ongoing basis. Begin planning for alternative Procurement provision at the warning stage. Manager 7. Combined impact of a Ensure individual risks appropriately managed. CLMT, Executive ongoing number of individual risks Focus on prompt monitoring and active and Head of (eg savings not achieved, management. Base reserves available should a Finance

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No. Risk Risk Mitigation – Tasks Responsibility Timescale additional spend major combination of events occur which cannot be pressures, income actively managed, but the use of the core reserves reductions, capital will require building them back up in future years, programme overspends) adding to the savings target (Low likelihood, critical impact) 8. Need to hold Council Tax Set a budget with a tax increase below the Council & Head of February referendum excessive level set by the Secretary of State or a Finance 2014 (low likelihood, medium zero tax increase and use the Council Tax Freeze impact) grant 9. Airport Income reduces a. Maintenance of a prudent minimum reserve Full Council & February significantly balance. Head of Finance 2013 (medium likelihood, critical b. Regular review of the airport situation by the Airport Client Ongoing impact) airport client function. function c. Readiness for a radical reappraisal of the Head of Finance Ongoing Council’s budget and capital programme should with CLMT there be any long-term impact on airport income. 10. The Airport Company is a. Maintain sufficient levels of reserves to Full Council & Ongoing unable to make charitable enable payment from the council in the short Head of Finance donations to organisations term. with service level/funding b. Re-appraise the Council’s budget to ensure it and management aligns with the revised resource situation in agreements with the the medium term. Council (low likelihood, critical impact) 11. Pressure for Additional Continuous monitoring of budgets to ensure early All Finance Ongoing Expenditure/New Growth identification of problems and finding of alternative Teams during 2014/15 budget reductions to keep service within budget

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No. Risk Risk Mitigation – Tasks Responsibility Timescale 12. Inflation increases a. Ensure use of corporate contracts to minimise Corporate Ongoing substantially the opportunity for price rises. Review prices for Directors & (low likelihood, significant care services as key volatile budgets and address Heads of Service impact), or spend on corporately if there is a major problem. certain services is higher b. Monitor expenditure carefully as part of the All Finance Ongoing than the service-specific monthly budget monitoring process. Specific review Teams, energy inflation allowance, eg in of energy budgets. Apply cash limit scheme if budgets with Care services. specific areas begin to overspend. Set sufficient Energy Manager. contingency budget. 13. Grant Repayment Ensure grant conditions are complied with and that Relevant Finance Ongoing (low likelihood, significant grant-giving bodies are contacted when Teams impact) circumstances change, explaining the reasons for those changes.

14. Slippage of Capital Regular monitoring of the capital programme spend Fixed Assets & Ongoing Programme spend and the interest estimates. Corporate (medium likelihood, Finance noticeable impact) 15. Slippage of spend on Review specific schemes and structure to minimise Director of Current projects where grant is risk, seeking mitigation schemes where necessary Environment and and time-limited (high Regeneration, ongoing likelihood, critical impact) Head of Planning and Transportation 16. Slippage/reduction of Monthly reviews of resources & review of Fixed Assets & Ongoing Capital Resources (high programme if pattern of expected receipts changes Corporate likelihood, significant significantly Finance impact). Capital programme is based on capital receipts from land

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No. Risk Risk Mitigation – Tasks Responsibility Timescale and property, Council House sales, and developer contributions (S106), particularly in the medium term. 17. The scale of the Capital a. Ensure that the terms of any external funding for Project Teams Before Programme and Major project, and the responsibility for cost overruns are Projects Projects clear prior to commitment. Risk assess where are (high likelihood, potentially Council is responsible for cost overruns prior to any committed critical impact needs to be commitment. managed down). Projects b. Major Projects Sub Group consider the Major Projects Before include: potential impact of a major capital scheme sub group Projects Luton Dunstable Busway, and make recommendations to Executive in are Luton Town Centre line with agreed protocol prior to committed Transport Scheme, M1 commitments. Junction 10A. c. Consider potential revenue impact of major Major projects Before capital schemes as part of any decision. sub group Projects are committed d. Consider resource requirement for projects in the Capital and Asset Before light of risk assessment of cost overrun, and budget Forum Projects for potential prudential borrowing accordingly are committed e. Employ expert project management techniques. Project Teams Ongoing

18. Residual Equal Pay risk Continue to consult unions and aim to reach Head of HR and Ongoing (low likelihood, significant agreement on issues. Address any claims based on Monitoring Officer impact) legal advice. Ensure all managers comply with the CLMT terms of the single status agreement.

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No. Risk Risk Mitigation – Tasks Responsibility Timescale 19. Claims against the Council, Ensure that the Council, its officers and members Executive, CLMT Ongoing (medium likelihood, continue to act appropriately, and not in any way & all Heads of significant impact) that could result in legitimate claims. Service.

20 Demand for free services Review pressures on care budgets, school meals, Finance Ongoing increases and income falls etc throughout the year Managers as numbers able to pay reduce (medium likelihood, high impact) 21. Partnerships result in a. Ensure that all officers follow guidance issued by Heads of Service Ongoing unbudgeted/increased cost Finance, that all partnerships are registered with the (low likelihood, significant Head Of Citizen Engagement & Strategic Policy the impact) Council’s risk officer assesses each potential new partnership and that the partnership assesses its risk and maintains a risk register. b. Where partners fail, it is essential that Council Heads of Service As officers assess the situation, keep all funding bodies situations informed throughout, and develop plans to minimise arise the cost to the Council while trying to maximise the benefit to the people of Luton

22. Joint Arrangements and a. Ensure that legal agreements are in place clearly Heads of Service Prior to Pooled Budgets result in documenting each participant’s contribution and the commence unbudgeted cost (medium method of calculation. ment of likelihood, significant P’tnership impact) b. Send bills out quickly and pursue them Finance ongoing vigorously, up to and including legal action if Managers necessary.

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No. Risk Risk Mitigation – Tasks Responsibility Timescale c. Ensure that arrangements for ending joint Heads of Service As arrangements are carried out in accordance with situations the contracts, and that future arrangements do not arise adversely affect the Council. 23. Emergencies and extreme Emergency Expenditure to be separately recorded Finance As weather events require to enable the Council to apply to use the Bellwin Managers situations significant expenditure Scheme of emergency financial assistance if arise (medium likelihood, expenditure is above the 2% threshold. significant impact) 24. Schools in deficit (medium a. Work closely with schools in deficit to introduce C&L Finance Ongoing likelihood, significant good financial management to enable them to impact) remain viable and break even. b. Set out clear parameters for when delegation will Director of C&L Ongoing be withdrawn. c. Ensure that schools in special measures do not C&L Finance Ongoing resort to unbudgeted spending to buy their way out of those measures at the cost of a significant deficit. 25. Schools no longer using Continue to provide good services to LBC schools Relevant Heads Ongoing LBC services (medium and academies, and review on an ongoing basis. of Service likelihood, noticeable Where income from schools reduces, reduce impact) expenditure in line. 26. Many schools switch to Estimate ESG grant based on best information C&L Finance January academy status. This available about potential for movement to 2014 reduces LBC ESG grant academies in year from £116 per pupil to £15 per pupil 27. Local organisations Enable local developments by providing support in Regeneration, Ongoing request additional funding non-monetary ways wherever possible, and Fixed Assets, from council (medium advising on alternative funding sources Housing

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No. Risk Risk Mitigation – Tasks Responsibility Timescale likelihood, significant Ensure requests are assessed consistently in line impact) with council and community objectives, and prioritised consistently against all other council commitments CLMT, Executive

28. Pupil number increases Assess numbers accurately C&L Ongoing causing demands for Lobby for national funding for new build to proceed Immediate transport and new build without impact on LBC resources (high likelihood, significant impact) 29. Population increases no Try to achieve additional income from Business Head of Planning Ongoing longer recognised in Rates and Council services and assets to help pay and Government grant cause for additional costs. Transportation, additional service Head of Citizen demands, eg waste, Engagement and schools, care Strategic Policy (high likelihood, significant impact) 30. Income budgets not Identify key areas for inclusion in critical and volatile Finance May 2014 achieved (eg building budget monitoring. Managers regulations, land charges, Review income v budgets regularly. ongoing development fees, rent Cost centre income, use of facility fees, managers parking) (Medium likelihood, noticeable impact)

31. 2014/15 Grant reductions Review Government announcements on an ongoing Head of Finance ongoing (low likelihood, significant basis impact)

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No. Risk Risk Mitigation – Tasks Responsibility Timescale 32. Commissioning services Work co-operatively with the Trusts to ensure their HCL client officer Ongoing from trusts causes issues/ continued viability is a key consideration alongside changes in services LBC needs required by LBC or trigger provisions for staff to return to LBC (low likelihood, significant impact) 33. Audit qualification of grant Grant claims to be prepared in line with grant Head of Ongoing claims resulting in grant requirements, and regulations closely followed. Revenues, repayment Benefits and (high likelihood, noticeable Customer impact) Services & Head of Finance 34 Council Tax and Housing Focus on ensuring that people are able to claim Head of Ongoing Rent collection do not benefits to which they are entitled. Revenues, continue to improve as Monitor both tax and rent incomes closely Benefits and planned (medium (key issues for CTS and HCL depts) Customer likelihood, significant Services & Head impact) of Housing 35 Pay award above budget - Input to Local Government Employers negotiations Head of HR and Ongoing (low likelihood, significant re affordability Monitoring Officer impact) 36 Pay costs above budget as All finance and cost centre managers to ensure that All cost centre Ongoing turnover provisions put turnover provisions are actively managed, and that managers with pressure on managing in services other than directly customer facing, Finance budgets. vacancies are held to cover the provision plus Managers advertising etc 37. If the Council does not Education of public in the importance of recycling. Head of Ongoing meet its targets for Consideration of enforcement. Buy into options for Engineering and reducing landfill in, it could alternatives to landfill. Street Services

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No. Risk Risk Mitigation – Tasks Responsibility Timescale have to buy allowances from others or be fined by central government (medium likelihood, significant impact) 38. The personalisation of care Ensure services are of appropriate quality and value Head of Adult Ongoing budgets leaves the Council to encourage people to buy them. Social Care with increased costs if Assess trends on an ongoing basis and react individuals choose to use quickly to any reductions in levels of service their budgets on services purchased other than those that the Council is currently providing, and the service cannot be reduced in the short term.

39. Implementation of savings Clear project plans developed – steps set out HR business Immediate proposals is later than timescales and accountabilities clearly identified partners, project estimated due to the scale leads of HR and management work required in terms of organisational change, interviews with staff affected etc. 40. Agreement may not be Need for agreement is mutual in order to achieve Director of Feb 14 achieved with Luton CCG local funding. Sign a proposal for the use of the Housing and in relation to the Better funds. Community Care Fund Living, Head of Ongoing Finance, Health and Wellbeing

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No. Risk Risk Mitigation – Tasks Responsibility Timescale Board 41. New spend pressures Monitor and try to manage and minimise. Report CLMT and Heads Ongoing emerge in year, either any potential issues early to CLMT along with of Service locally or nationally proposals of how the cost can be managed within existing budgets 42. Court costs income Head of Ongoing reduces Revenues Benefits and Customer Services 42. Income from Business Encourage and enable sustainable development Corporate Ongoing rates and Council Tax where there is a clear business case for that Director E&R, does not increase. This development. Work with businesses where Head of Planning, could be from lack of new possible. Head of Business developments in town, and Consumer businesses becoming Services bankrupt, as well as from successful valuation appeals. 42. Medium and Long Term Minimise early retirements. VSS scheme includes Head of HR and Ongoing Risks - Pension Costs, with financial test Monitoring the introduction of a new Officer, CLMT Ongoing scheme in 2014 offering Review pension position on an ongoing basis Head of Finance the ability for all to take their pension from age 55 – albeit substantially reduced on an actuarial basis 43. Medium and Long Term Exit strategies for grants. Finance As grants Risks - Grant Managers are initially

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No. Risk Risk Mitigation – Tasks Responsibility Timescale loss/reduction (specific given and grants) ongoing 44. Medium and Long Term Develop the Town’s infrastructure so that more Head of Finance Ongoing Risks - Funding levels in businesses can develop in Luton and business future years no longer rates increase. linked to need Head of Ongoing Engineering and Street Services 46. Medium and Long Term Work positively with third sector service level Heads of Service Ongoing Risks – third sector groups agreement providers to support them wherever providing services under possible within the context of reduced funding service level agreements available to all. may have funding issues

47. Medium and Long Term No commitments to be given until the funding is Capital and Before Risks - Third Party funding guaranteed. Assets forum Projects of the Capital Programme are committed

48. Medium and Long Term Discuss funding needs with Government/EFA on an Director of Ongoing Risks – pupil number ongoing basis. Children and increases requiring new Work with potential free school providers Learning school build when funding from Government is not available 49. Medium and Long Term Continue to ensure all care, transport and support Director of Ongoing Risks to the Council’s services are as efficient and effective as possible to Children and service provider role enhance the chances of buy-back. Learning, Head of arising from the Review the likelihood of buy-back given the relative Adult Services, personalisation of care prices of LBC and other providers. Head of

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No. Risk Risk Mitigation – Tasks Responsibility Timescale budgets Plan the provision of future services based on Engineering and realistic assumptions about individual choices Street Services, Review the provision on an ongoing basis given Director of choices that are made in future. Commercial and Adapt the size of in-house service provision to Transformation match the level of buy-back, to ensure no Services unnecessary costs remain to be met by the taxpayer. 50. Medium and Long Term Monitor actual collection performance and reassess Head of Ongoing Risks - Collection fund basis of taxbase calculation. Revenues, performance levels Benefits and Customer Services & Head of Finance

51. Medium and Long Term Monitor any requests which would need to be Head of Finance As they Risks - Trusts requesting carefully prioritised against existing spend and arise support when external demands for current council services. funding ceases 52. Medium and Long Term Develop a Municipal Waste Strategy focussed on Head of Ongoing Risks - Costs of Waste minimising waste. As part of the strategy assess the Engineering and Disposal costs and benefits of alternative approaches to Street Services dealing with waste, and the options for partnership working.

53. Medium and Long Term a. Continue and accelerate existing recycling Head of ASAP Risks - Landfill Allowance measures and introduce further measures. Engineering and Targets are not reached Street Services

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No. Risk Risk Mitigation – Tasks Responsibility Timescale b. Review options with waste disposal contractor Head of ASAP Engineering and Street Services c. Continue to improve waste diversion Head of ongoing performance, as landfill will become increasingly Engineering and unaffordable (from increasing rates of landfill tax & Street Services the market driven gate fees). d. Review options for landfill allowance trading Head of ASAP Engineering and Street Services 54. Medium and Long Term Review funding options, and lobby if it appears that Head of Finance Ongoing Risk – transfer of the transfer will result in significant additional costs responsibilities from other to the Council public sector bodies to the Council

Mitigating against these risks, opportunities include: 1) the potential for underspend overall, given that this has occurred in most recent years; 2) the potential for some savings proposals to deliver greater levels of saving than have been included in the budget, when they are fully implemented; 3) the potential for further efficiency savings to be developed as officers seek to bring forward more proposals during 2014/15 that can be implemented during the year. 4) Prevention work undertaken in conjunction with health utilising part of the Social Care monies allocated to Luton reduces spend on those coming into social care.

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Adequacy of Reserves 1. The adequacy of reserves depends upon  The budget proposed  The scale of budget risks, both revenue and capital – and the Budget Risk Management Strategy being rigorously applied and monitored  The medium term financial situation  The level of reserves remaining at 31 March 2014.

2. In the last decade, there has only been 1 year, 2004/05, where there was a year end deficit at Luton. In 2012/13 there was a substantial surplus, and budget monitoring indicates that another is expected in 2014/15. 3. The budget proposed for 2014/15 appears generally robust. 4. The key issues currently are the following. a) Ongoing reductions in government revenue funding are expected each year for the next 6 or 7 years. While there are clear plans for managing the 2014/15 budget, and the indicative savings for 2015/16 show how the budget for that year can be balanced, the position beyond that looks very difficult indeed if the Council’s grant income from central government continues to be reduced at current levels. b) The capital programme includes major projects – the Busway, the Town Centre Transportation Scheme, and the M1 Junction 10A – which are funded by fixed amounts of government grant, with the Council being responsible for all the risk associated with those schemes (in the case of the Busway, jointly responsible with Central Bedfordshire). Officers from the Council and Central Bedfordshire are currently in a mediation process with the constructors of the Busway. c) The business rates retention scheme and the Council Tax support scheme have significantly switched financial risk (and opportunity) from central to local government. These are collection fund rather than general fund risks. The level of successful business rate appeals during 2013/14 has shown the scale of this issue. d) The potential impact of welfare reform and universal credit creates financial uncertainty and risk for the Council and the area. e) The opportunity to increase income is likely to continue to be limited by the prospect of a referendum over any significant increase in Council Tax, with the risks and cost that involves. (It has to take place in the May after setting the tax, and if the increase is opposed, the budget has to be reduced in-year to cover the costs of the referendum and the disruption to billing and payments, as well as the reduction in the tax yield over that originally planned). f) The external auditors financial resilience reports review the level of reserves. In 2010/11 they noted that Luton’s 2010/11 level was below average for authorities of a similar size, and a concern to them. In the 2011/12 final accounts the minimum was increased by £3million. The auditors viewed this revised level, of £7.5million, as about average for an authority of our size.

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g) During 2013/14, the Local Government Association produced an analysis for each authority of its current and future financial health. One of the measures of future financial health is ‘unringfenced reserves as a percentage of net revenue expenditure’. Luton is 269th out of 353 authorities on this measure, in the bottom quartile of councils for the amount of reserves as a percentage of spend. h) The East of England Local Government Association has recently circulated its assessment of the relative financial resilience of its member authorities, assessing 2 measures: 1) the Council Tax requirement as a proportion of the net budget, in which Luton is 50th out of 52 authorities, as the Council Tax only covers 33% of net revenue expenditure; and 2) the number of months unallocated reserves could cover the Council Tax requirement. Even though Luton is very near the bottom of the amount of the Council Tax requirement, it is also bottom quartile on the number of months that its reserves could cover that requirement – 43rd out of the 52 authorities. Based on the risks set out above, my calculation of the minimum reserve required by Luton Borough Council is as follows: Risk Assessment of Reserves Probability Amount Reserve p.a. General Reserve inc future liabilities £ £ Risk of call on reserves from overspend in 0.1 p.a. for 500,000 250,000 excess of contingency, based on past 5 years performance Collection Fund risks – 0.1 p.a. for 2,500,000 1,250,000 appeals/demolitions/council tax support 5 years caseload/collection risks on the introduction of universal credit Minimum working capital requirement in 4,000,000 view of the range of financial risks facing the Council as set out in the report. Contingency for Revenue funding loss 2,000,000 Total 7,500,000

While £7.5million is my estimate of the minimum reserve required on an ongoing basis in times of normal operation, it should also be noted that: a) In current circumstances, until the position regarding the Busway and the risks regarding Junction 10A are brought to a conclusion, the Major Projects Reserve is also required. b) The specific risk relating to Airport funding, set out in paragraphs 5 to 8 above, requires the maintenance of a specific risk reserve of £3million. This enables the Council to take full account of the potential airport income when setting its budget. The projected airport dividend income is fully reflected in the 2014/15 budget proposals. c) The insurance reserve is an essential business tool to enable the Council to self-insure specified risk.

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Risk Management Strategy APPENDIX B Quantification of Risk - General Fund Risk Level POTENTIAL times RISK £000's £000's CURRENT INITIATIVES DEVELOPMENT probability Probability of Estimated increased risk level Estimated cost and no with current risk left alternative management unchecked saving All Departments Plans required for specific savings. Full savings estimates not Risky savings specifically monitored. achieved and alternatives not Managers required to adhere to cash found in year/ costs of limit scheme and financial regulations. implementing savings higher Named manager accountable for each than anticipated 500 5,000 saving. 0.1 50 Underlying demand led spend above estimates and income from fees and charges below estimates (excluding demand Managers required to manage within for specific items set out budget, in accordance with cash limit below) 1,000 3,000 scheme. Budget monitoring reports 0.1 100 New spend pressures that Require managers to bring forward cannot be managed within proposals to deal with spend pressures existing budgets 200 1,000 using existing budgets 0.2 40 HOUSING AND COMMUNITY LIVING Purchased care - elderly, Strategy for Future Living needs of the independent residential & Elderly. Improving market knowledge. homecare - numbers increase. Growth items recognising cost. Monthly Demography, monitoring. Invoices via Carefirst. homecare/residential switch, Homecare - Access system. market factors 400 2,000 Underspend in current year 0.1 40

Adults physical and learning disability - all placements - Monthly monitoring. Placement panel. Increased working nursing, residential, homecare, Trend analysis. Joint equipment store. on independent respite, numbers, longevity, Working with families to encourage living and unit costs, market forces 700 2,000 independence reablement 0.1 70 Service changes eg. Residential care to supported Further focus on living, move to direct Restructure within budgets, project change payments, transitional period 500 1,000 manage change process. management 0.1 50 Ensure monitoring systems are up to Joint arrangement/partnering Monitor agreements and issues arising standard of disputes/issues 200 1,000 closely. agreement in place 0.05 10 CHILDREN AND LEARNING Children's Services Monthly monitoring of each budget area - no's & spend. Children's Commissioning Strategy with placement panel, block contracting, Looked after Children - simplified foster payment system, in- numbers of children taken into Borough recruitment, prevention team, care & cost of care packages 1,000 2,000 carer respite 0.1 100 Schools and Academies not Discussions with academies re wanting LBC services 100 500 provision 0.2 20

Pupil numbers cause demands for transport beyond budget 300 600 Active monitoring 0.1 30 Working with schools to eliminate deficits. Provision in schools grant Schools budget budget in agreement with schools issue, with reserve Schools deficits 200 200 forum as backstop n/a ENVIRONMENT & REGENERATION Planning : Major planning enquiry 100 400 Specific planning reserve n/a, Eng & Transport : Concessionary fares demand fixed price agreements within tolerance exceeds budget 200 500 limits 0.05 10 Ensure signs/lines Parking income falling in Estimates revised in line with are up to date. If recession Parking performance. Budget monitoring. not, enforcement is enforcement not being Within constaints, limited flexibility to difficult & income adequate 200 1,000 invest in service will fall 0.1 20 Page 238 of 323

13/57 Risk Management Strategy APPENDIX B Quantification of Risk - General Fund Risk Level POTENTIAL times RISK £000's £000's CURRENT INITIATIVES DEVELOPMENT probability Probability of Estimated increased risk level Estimated cost and no with current risk left alternative management unchecked saving Street Services: Client agents monitoring. Education of Waste disposal costs 500 1,000 public re recycling/waste issues 0.1 50 Landfill allowance trading Active waste management to Municipal waste scheme fines/trading encourage recycling. Waste strategy needs to requirement 500 3,000 minimisation strategy be produced 0.1 50 Reactive - adverse weather increases maintenance requirements/insurance Weather 300 claims etc 0.1 30 COMMERCIAL & TRANSFORMATION SERVICES Revenues Service

Housing Benefit claims - Demand-led - depends on numbers moving out of London 500 5,000 demographics. 0.1 50

Welfare Reform creating more demand for crisis loans etc 500 1,000 Manage to budget as far as possible 0.1 50 Investment properties: Unplanned voids/tenant defaults 250 Market for new tenants 0.1 25 Rent reviews delay 25 Resources 0.05 1 CHIEF EXECUTIVES Communications Staff absence can result in work needing to be sent outside 50 Active management 0.1 5 CORPORATE ISSUES Income reductions/service pressures/supplier defaults arising from the recession 400 1,000 Active budget monitoring 0.2 80 Investments: Interest rates & borrowing rates. Investment Continue to review lending list and any performance/ risk of bank alerts from credit rating agencies on a default 400 2,000 daily basis 0.1 40 Pay awards above budget Require managers to manage within provision 1,000 1,000 existing provision n/a -

Insurances - external premium 300 Keep tabs on market 0.1 30 Risk management advice & initiatives. Insurances - claims rise 500 Claims history in charges 0.02 10 Claims agains the Council 500 1,000 Approach agreed 0.1 50 Calculated annually Look carefully at new proposals with VAT Partial exemption 900 exempt activity 0.05 45 Managers have to Inflation levels on services, eg Monitor levels - take a prudent view - manage within care 1,200 fixed price contracts budget 0.05 60

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13/58 Risk Management Strategy APPENDIX B Quantification of Risk - General Fund Risk Level POTENTIAL times RISK £000's £000's CURRENT INITIATIVES DEVELOPMENT probability Probability of Estimated increased risk level Estimated cost and no with current risk left alternative management unchecked saving

Local Voluntary organisations Ensure prioritisation against other requiring emergency help 500 1,500 budget requirements 0.1 50 Active monitoring by accountancy. Written agreements with 3rd parties. Income - debt collection issues 1,000 2,000 Monthly debt analysis 0.05 50 Emergencies cause Use Bellwin scheme where eligible, unbudgeted costs 1,000 1,000 actively monitor and minimise costs 0.02 20 Monitor periodically and address Repayment of grants 400 5,000 Log potential probems 0.05 20 Court Costs capped by Government 500 500

Total potential general fund 16,325 44,700 Total 1,756 As demonstrated in past years, if budget monitoring predictions show a significant overall overspend from a combination of these items, items a spend moratorium will be introduced to limit the overall level of overspend. Furthermore, for a number of years now the Council has had an underspend significantly greater than the in-year spend pressures. The likelihood of all these risks occuring in 1 year is limited, though this is taken into account to a degree in the probabilities used The contingency provision required has to be seen in this context. Based on this, the minimum level of contingency suggested is: 1,300 This excludes the separate contingency for energy cost increases.

The total provision for Contingency and Reorganisation Costs is then built up as follows: 2013/14 2014/15 £000s £000s General Contingency 1,300,000 1,300,000 Specific Contingency - Fostering 300,000 Energy Cost increase provision 67,170 74,456 Provision for Reorganisation Costs - Redundancy, Pension strain, etc 3,500,000 2,000,000 Total 5,167,170 3,374,456

The risks in relation to Council Tax benefit caseload and Business Rates are not general fund risks, but will require review throughout the year and assessment in detail when the Collection Fund is reviewed again for the November estimates.

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13/59 Appendix C

Luton Borough Council

Financial Strategy 2014

Purpose 1. To show how the Council intends to structure and manage its finances over the medium term, to support the achievement of the sustainable communities strategy the corporate plan and the aims of the Council’s prospectus.

Strategy Statement 2. The Council has previously approved the following 4 aims as the principles behind its medium term financial strategy. This overall financial strategy confirms those aims and sets out how these dovetail with the Council’s wider policy and planning aims. i) To maintain a balanced budget position, and to set a medium term financial plan demonstrating how that position will be maintained. ii) Spending plans will be closely aligned with the Council’s aims and objectives iii) The Council will maintain a prudent level of reserves iv) Budgets will be continually reviewed and modified to ensure that resources are targeted on key objectives

Achieving the Sustainable Communities Strategy, Corporate Plan and Prospectus 3. The Sustainable Communities Strategy and corporate plan emphasise that one of the Council’s key strategic aim is to work in partnership with all other interested parties in the town, including the public sector, the third sector, and local business, to develop Luton in line with the sustainable communities strategy. While these remain the long term aspirations, the ongoing reductions in resources for public spending and the particularly high reductions for local government require strategic reviews of what is feasible in future years. The Prospectus is based on a current assessment of what is feasible for the next 3 years to 2016, and focuses on increasing income from business growth, equipping residents to get jobs through investment in education and training, and ensuring that the most vulnerable are safe and supported.

Budget Implications – Revenue and Capital 4. There was a fundamental review of budget prioritisation for the medium term in preparing the prospectus, following an extensive consultation process.

5. The Council now has a plan to balance its budget up to and including 2015/16. The focus has to be: a) on the successful implementation and delivery of that plan b) on the development of viable options to increase income other than grant.

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6. In these times of reducing grants, the Council needs to become less grant dependent, which requires increasing income from other sources, and where rigorously assessed, viable plans can be developed, reserves can be used to make investments necessary to achieve those improvements in income.

7. The Council’s corporate planning framework includes the following core values: . Embrace equality and diversity . Respect for others . Integrity . Customer focus . Improving . Accountable

8. These values underpin how the Council is approaching the achievement of its objectives. In the financial strategy, the accountable value is particularly relevant, and emphasises the importance of accountability to the public in the stewardship of public funds.

9. Benchmarking information will continue to be used to assess service areas, and those that are shown to be above average in cost when compared with other ‘nearest neighbour’ authorities will be challenged and reviewed, and if there is not a clear policy-driven reason for the above average level of spend, will be prioritised for budget reductions.

10. The Luton Excellence approach is fundamental to the council’s drive to improve service and reduce costs, and to finding efficiency savings to meet the targets set in the medium term financial plan.

11. Corporate Directors and Heads of Service work corporately to achieve the maximum possible efficiency savings in all of their services, and approach this as a year-round task, not one that is limited to the traditional budget-setting time. This is essential if significant change projects with a long lead time are to be developed successfully. Options are considered corporately by Corporate Leadership Management Team (CLMT) in conjunction with executive members. Those options remain confidential while they are subject to draft assessment and prioritisation, to enable officers and executive members to consider options without affecting the motivation of staff working in potentially affected areas, until they are clear that the options are to be realistically considered. Once the options to be considered are clarified, they will be assessed in terms of their impact on Council priority objectives, equality impact, and values, and prioritised by CLMT and the Executive based on the budget plan.

12. Executive will put forward a budget based on their assessment of the relative priorities for unavoidable expenditure pressures, and options for savings, to aim to meet the requirements of the Strategy Statement Aim 1, to maintain a

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balanced budget position, and to set a medium term financial plan demonstrating how that position will be maintained.

13. In outline, this also shows how Spending plans will be closely aligned with the Council’s aims and objectives (Strategy Statement aim 2), and how Budgets will be continually reviewed and modified to ensure that resources are targeted on key objectives (Strategy Statement aim 4). This will be complemented by the Annual Budget Guidelines and Capital Programme Instructions, the Budget Report, and the Scheme of Devolved Financial Management, which, along with other documents (see below), form a core part of the Council’s financial strategy process.

Capital Programme Prioritisation 14. Capital programme prioritisation is based on the Council’s capital investment strategy and asset management plan. The method used is outlined in the Budget Report.

15. Expenditure on major capital schemes (£10m and over) will be subject to specific monitoring requirements, including estimating cash flows, and reviewing them as a whole, to limit the Council’s exposure at any one time to schemes where an overspend could have a significant impact on the Council’s overall financial health.

Resource Limitations and the Financial Strategy 16. The basis of the financial strategy is determined by the Council’s current financial position. The medium term projections show that unprecedented levels of savings are required on an ongoing basis, and the Localism Act means that there will need to be a referendum should a tax increase be proposed in excess of the level set by the Secretary of State.

17. The capital programme is largely funded by specific resources. However, the core programme – basic maintenance of buildings, highways and lighting, and part of the funding for disabled facilities grants – has to be found principally from the Council’s own resources. This means that there has to be a major focus on developing opportunities to achieve capital receipts without affecting revenue income. This requires commercial development of property opportunities available to the Council, where this can be achieved in line with the Council’s policy on property disposal.

18. The Council’s resource position also means that the Council will need to take a commercial approach to increase funding wherever possible and seek alternative funding sources that will fund schemes in line with the Council’s vision and values

19. At all times however the Council’s success in achieving external resources needs to be risk assessed, to ensure that the council can manage the risks taken on if

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the resource is accepted. In particular, as stated in paragraph 13 above, when large schemes are proposed, the risk of the overall size of the capital programme needs detailed consideration.

20. It is vital for the financial health of the Council that all accept the limitations and work within them to optimise the Council’s position by careful prioritisation. The capital programme will principally comprise schemes funded by specific grants, replacement vehicles and equipment, plus funding up to the level of grant provided by the Government.

21. These limitations on resources mean that the Council must consider very carefully indeed every choice to spend money. They also mean that the Council can no longer afford to accept that increased demand, even for statutory services, automatically means budgets will be increased in line with that demand. Ways have to be found to provide demand-driven services within the parameters of the medium term financial plan.

Airport Funding 22. The Council currently receives an annual dividend from its wholly owned subsidiary, London Luton Airport Limited. That dividend is now allocated not only to the funding of capital or transformational projects, but also to support the revenue budget. Given that the airport funding is dependent on passenger numbers, a specific risk reserve is maintained that can be called upon should there be a reduction in passenger throughput.

Housing Finance Strategy 23. The Housing Revenue Account is now self-financing, and the aims are: a) to maintain a financially healthy, balanced Housing Revenue Account, with rent levels that are affordable for tenants; b) to ensure council-owned homes are properly maintained to at least the decent homes standard; c) to develop new stock wherever possible within Luton; d) to work with others to generate further housing developments outside the Housing Revenue Account wherever possible without adversely affecting the general fund; e) to work with partners and neighbouring authorities to ensure that Luton’s housing need is properly recognised and urgently addressed as a regional issue.

Fees and Charges Strategy 24. The Executive agreed a fees and charges framework in November 2010 based on the principles of viability, fairness and inclusion.

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25. The following principles will be used when setting charges: Viability Fairness Inclusion

The Council will aim to Fees and charges Concessions should maximise income from should be set at a level ensure that the fees and charges by that is fair to users and disadvantaged are not ensuring that charges council tax payers and denied access to to users reflect the full in line with the Council’s services. cost of the service principles of equality, provision, unless cohesion and inclusion. otherwise required. Commercial organisations should

always pay the full cost for services received unless there is a statutory reason why not. Charging levels should A tough stance should New charges should be take account of market be taken on fee dodging subject to an equality demand, competition so that other users do impact assessment from other service not pay more to providers and compensate for non- comparisons with payers. charges made by other comparable local authorities.

26. The Council has to look very seriously at every option to increase income from fees and charges, but also must ensure that increasing or introducing charges is not in conflict with policy objectives, including the Council’s objectives for social inclusion.

Trading Strategy 27. The Council aims to optimise trading opportunities with other public sector bodies, as defined by the Local Authority (Goods and Services) Act 1970, where such trading can be certified by the relevant departmental finance manager to make a positive contribution towards the Council’s finances, and where the service manager can certify that it does not adversely affect the service to the people of Luton..

28. The Council has set up a trading company, Luton Traded Services Limited, to trade outside the confines of the 1970 Act, again where such trading can be

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certified by the relevant finance and service managers as making a positive contribution to the Council’s finances without adversely affecting services to the people of Luton. Trading of any scale requires a full business case, with the level of detail and analysis required in the private sector.

Value for Money 29. Each service is subject to review to maximise the savings potential, and is expected to adopt lean principles in all its activities.

Council Tax Strategy 30. The Council will aim to achieve the lowest level of council tax that will provide the level of services the people of Luton need and deserve over the long term, in accordance with the Council’s overall objectives.

31. Within that overall aim, the Council will seek if at all possible to keep the tax level below the unitary authority average, maintain the lowest level of tax within Bedfordshire, and set the tax at a level that will avoid triggering a referendum.

General Government Funding Strategy 32. The Head of Finance will continue to be an active member of the Unitary Treasurers Group (he currently chairs that group), who are represented on the Settlement Working Party that discusses potential changes to local government funding from central government. He or she will ensure that the Unitary Treasurers representative is briefed on any specific issues of concern to Luton, and will check agendas and minutes accordingly.

33. The Head of Finance will also liaise with the Local Government Association (LGA) regarding their general lobbying strategy, where required to promote Luton’s interests.

34. The Chief Accountant will check that the details of the provisional grant settlement are correct prior to the end of the consultation period, and respond to DCLG if there are any specific issues. The Head of Finance will assess responses to any proposed changes by the LGA and unitary treasurers, contribute as required to protect Luton’s interests, and determine whether a Luton-specific response should be made.

Pensions Strategy 35. The Council’s non-teaching staff are entitled to enter the Bedfordshire Pension Fund according to statute. The Council is required to fund the difference between the employee contributions, the net surplus made on investing contributions, and the total pensions payable for staff who work at Luton, past and present. Teaching staff are part of a national, non-funded scheme run by Government.

36. There is a substantial deficit on the fund relating to the costs of past service, and the Council is required to make payments to recover those past service costs.

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Past service costs are dealt with via a lump sum payment, and current service costs as a percentage of staff pay.

37. The level of deficit is not only influenced by the value of fund investments, but is also affected by: 1) the increasing life-expectancy of pensioners, which means they receive a much greater level of payments over their lifetime than did their predecessors, and 2) the low level of long-term bond rates, which are used to discount the value of future payments to pensioners. If bond interest rates increase, the pension liability will decrease.

38. The Council’s strategy is to pay the annual contributions to the pension fund as certified to be required by the fund’s independent actuary, and also to consider making additional revenue payments when funds are available, provided that actuarial estimates of likely fund returns are greater than the level of investment returns achievable by the Council. (Pension funds can invest in a wider variety of financial instruments than are open to the Council, including the stock market, so reward – and risk – are potentially greater).

Reserves 39. As part of the annual budget report, the Council’s section 151 officer will estimate an adequate minimum general reserve level for the general fund, and an amount that may be required to pay towards reorganisations included in the budget. The Council will strive to maintain reserves at that level, with any additional general reserve being transferred to the Invest to Save reserve, to be used in accordance with the rules of that reserve for the direct benefit of the town.

40. The minimum level of reserves for the Housing Revenue Account (HRA) has been set at £1.25 million in the business plan, in line with the level recommended previously by PriceWaterhouseCoopers.

41. The consistent application of this part of the strategy will ensure that the Strategy Statement Aim 3 is achieved, the Council will maintain a prudent level of reserves.

Capital Receipts 42. The Head of Fixed Assets is responsible for managing the council’s property estate in order to create development opportunities, to maximise the potential for capital receipts without losing significant revenue income from asset disposals.

43. Such management will be in accordance with national and local plan guidance.

44. In special cases, members will earmark receipts from specific sites to specific projects. This will be kept to a minimum, since the general aim of achieving capital receipts is to enable the Council to maximise its capital programme, which

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is prioritised to enable the Council and the community to achieve their key objectives in accordance with the sustainable community strategy. Receipts (other than the sale of council houses) achieved as a result of the implementation of the Marsh Farm Masterplan will in general be earmarked for Marsh Farm development, in partnership with Marsh Farm Futures. Further areas for earmarking will require the approval of the Capital Assets Forum, Corporate Leadership Management Team, and the Executive.

45. The Council’s general fund capital programme is partially funded by projections of future capital receipts. A plan to achieve the required level of receipts with no significant loss of rent has been produced by the Head of Fixed Assets. However, in order to develop the value of sites to avoid rent loss, many of these receipts require some years to be developed. Options such as a joint venture to create an asset backed vehicle will also be considered if they can generate a greater level of receipts.

46. The development of potential receipts is difficult and subject to delay, changes in value, and uncertainty as the market changes, adjacent properties which would add value become available or unavailable, etc. This is particularly the case at present as the property market has suffered a severe downturn. The longer term aim is to be able to move to a position where the next year’s capital programme is based on receipts actually achieved, rather than projected receipts.

47. Should receipts not be produced in line with the timetable, the programme may need further realignment

Baseline Position 48. The Medium Term Financial Plan is a specific appendix to the Budget Report. The summary financial position shows that the plans developed will balance the budget to 2015/16. Significant effort is required to balance beyond that, hence the effort that needs to be put into developing viable income generating opportunities that are in line with the Council’s priorities and values.

49. Council Tax levels remain the lowest in Bedfordshire by some distance and are below average for unitary authorities.

Risk Management 50. The Council produces, monitors and maintains a budget risk management strategy, and has a specific treasury risk management policy to minimise financial risks.

Documents that are also key parts of the Financial Strategy 51. The strategy depends upon the Council’s Corporate Plan, and the Annual Service Plans. Other key documents that are also part of the Financial Strategy are set out below.

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. Asset Management Plan and Capital Strategy . Treasury Management Strategy . Budget and Capital Programme Report, including Budget Risk Management Strategy, Medium Term Plan and Strategy, Prudential Indicators, Protocol for the management, control and use of reserves, and Model for Assessing Levels of Affordable Borrowing . Procurement Strategy . Budget Monitoring timetable and reports . Annual budget guidelines . Capital programme instructions . Scheme of Devolved Financial Management . Financial Regulations . Scheme of Cash Limits

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APPENDIX D

Government Funding (excluding specific grants) 1. General Government funding now comprises the Revenue Support Grant, and the Business Rates ‘top-up’ – in Luton’s case (some authorities have a negative business rates ‘tariff’). 2. In their calculations the Government also include an update of their initial assessment of the amount of retained business rates for each authority. This, together with the revenue support grant and the top up, comprise the ‘settlement funding assessment’ that the Government use in both their assessment of spending power, and in their determination of exactly how local government funding is to be reduced. 3. The settlement funding assessment for Luton is set out below:

Adjusted 2013- Provisional Illustrative 2015- 14 Start-Up 2014-15 16 Settlement Funding Settlement Funding Assessment Funding Assessment Assessment

Upper -Tier Funding 73.779 65.952 55.304 Lower-tier Funding 18.692 16.024 13.410 2011-12 Council Tax Freeze Compensation 1.574 1.567 1.566 Early Intervention Funding 8.764 8.084 7.394 Homelessness Prevention Funding 0.169 0.166 0.166 Lead Local Flood Authority Funding 0.125 0.123 0.123 Learning Disability and Health Reform Funding 3.467 3.500 3.499 Returned Holdback 0.114

Settlement Funding Assessment 106.569 95.530 81.461

4. The problems for Luton with this method of funding allocation are two-fold. 1) As mentioned in the main body of the report, Luton’s actual business rate income is substantially less than the amount assumed by the Government for the purposes of this calculation, so the Council’s actual funding level is less than shown in the assessment. 2) Parts of the settlement funding assessment have been protected from reduction, to a greater or lesser degree. This includes aspects which the Council does not receive, such as GLA and London bus operations, Fire grant, and tax freeze compensation for 2012/13 and 2013/14. So those authorities who are largely dependent on ‘upper tier’ and ‘lower tier’ funding have a significantly higher percentage reduction than the national level of reduction in the settlement funding assessment. (The upper tier was the funding for social care and other services not provided by districts, and the lower tier the funding for districts.) 5. The upper tier and lower tier funding is the remaining general funding that was allocated between authorities on the basis of relative need and resource availability in the previous funding system. The funding for the Page 13/25069 of 323

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Council Tax support scheme is also allocated as part of those tiers. A correlation would be expected between those authorities with high costs of council tax support (the replacement for the former council tax benefit) and high levels of need. In addition, the high need areas are those with low property values, and hence less ability to raise their own resources from Council tax. The extent of the different abilities to raise income from council tax per dwelling can be seen in Appendix E – Council Tax levels 2013/14 – where unitary authorities are listed in order of their average council tax income per dwelling. It will be noted that Luton’s income per dwelling is just 62% of that of Central Bedfordshire. 6. The impact of the extent of the reductions in upper and lower tier funding appears to be that authorities with high BME populations, and those high on the index of multiple deprivation, have in general experienced higher than average reductions in government funding and spending power. This conclusion is based on initial work undertaken by Newcastle City Council, and further work is being commissioned to assess the position independently. The point has also been made in parliament: here is an extract from Hansard of 20 January 2014:

Andy Sawford (Corby) (Lab/Co-op): Of the 30 areas in England with the highest black and minority ethnic populations, 29 face cuts above the national average and eight are dealing with cuts that are double that average. Will the Minister explain why BME communities are being hit so hard and will he agree to look at that?

Stephen Williams: I am the Minister responsible for race equality and I take the issues that the hon. Gentleman raises seriously. Perhaps we can have a separate discussion about it. Local authority settlements are not predicated on that basis, as a whole basket of factors goes into them. The Government are still putting substantial amounts of money into our integration budget to ensure that communities cohere, through measures such as specific funding for English language.

7. The Council’s response to the Local Government Finance Settlement consultation was also based on this issue. The response is set out below. Unfortunately it had to be dealt with under Urgent Action, as the consultation began on 18 December, concluded on 15 January, and key meetings to assess the implications of the settlement were only able to be held on 7 and 10 January.

Consultation on the Local Government Finance Settlement Response from Luton Borough Council 1. The Council welcomes the change in approach on New Homes Bonus when compared with the Summer Consultation. 2. The Council is concerned about the late announcement of the provisional settlement, and the consequent consultation period being over the

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Christmas period, which has made assimilating the settlement and preparing a response extremely difficult in the required timescales. 3. The Council is extremely concerned that the greatest reductions in levels of settlement funding assessment, and spending power proposed for 2014/15 and 2015/16, appear from an initial analysis to be positively correlated to a statistically significant degree with the index of multiple deprivation and with authorities with a high BME population. (This is an initial assessment which we will be reviewing in greater detail over the coming month.) 4. The Council does not consider the Government’s Equality statement on the revenue support grant to be an adequate response, in relation to the exercise of its statutory equality duty, to the level of reductions in grant and spending power that will occur in areas of high ethnicity. 5. The Council considers that this disproportionate level of grant and spending power reduction for the most deprived authorities is mainly caused by the following issues. a) The reduction in resource equalisation, due to the lack of protection of the relative resource amount in the calculation of the settlement funding assessment. b) The allocation relating to Council Tax support scheme funding being included in the upper and lower tier allocations, and thus subject to their high levels of grant reduction, rather than being a separate, protected allocation related to the level of initial support per authority. c) The level of hold-backs of grant in the settlement proposals. d) The top slice of grant to fund New Homes Bonus continuing to be on a percentage basis, rather than being switched to a per dwelling basis. e) The DWP’s proposed ceasing of the local welfare support funding for 2015/16, as shown in the spending power consultation. The importance of the local welfare support for the most deprived areas cannot be stressed too strongly.

The Council therefore calls on the Government, in the final settlement, to change its approach in relation to the issues set out in a) to d) above, and to reverse the decision to cease local welfare support funding, in order that the Government can meet its equality duty to assess and mitigate the impact of the grant reductions. If the final settlement is not changed to mitigate the equality impact of the Local Government Finance Settlement, the Council will have to consider whether it needs to seek a judicial review of the way in which the Government has approached its equality duty in relation to this settlement. 6. The Council is also concerned that the Government’s published figures of spending power by authority are based on a forward projection of assumed retained business rates income from 2013/14, and are not based Page 13/25271 of 323

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on actual business rates. This misleads press, public and parliament into thinking that the spending power figures are an accurate measure of spend at an individual authority level, when they cannot be so, as business rates income is volatile. The use of these estimated figures to generate actual grant compensation for loss of spending power compounds the problem. The Council calls on the Government to make very clear the extent to which the figures are estimates, and to commit to revise them to use authority returns of business rates income as soon as they are available. If the Government is to persist with the publication of spending power by authority, the Council also calls on the Government to publish actual spending power at the end of each year, including the impact of reductions in Education Services Grant experienced by authorities as a result of schools switching to academies. 7. The Council is concerned that the presentation of the figures in terms of spend per dwelling understates the relative impact of reductions in grant and spending power for those authorities – again, generally the most deprived – with the highest numbers of population per household. The Council therefore calls on the Government to use population-based figures to make comparisons.

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APPENDIX E 2013-14 Council tax (average Band D and average per dwelling) and % change Local authority Average council Average council tax Average council tax Average tax for the for the authority for area of billing council tax authority excluding including parish authority (Band D) per dwelling parish precepts precepts in the area £ (Band% changeD) £ (Band% D) change £ % change £ SHIRE UNITARIES 1,230 0.7 1,261 0.9 1,486 0.9 1,022 ENGLAND 1,433 0.7 1,456 0.8 1,456 0.8 1,045 Kingston-upon-Hull UA 1,118 1.9 1,118 1.9 1,369 1.6 643 Stoke-on-Trent UA 1,183 0.0 1,183 0.0 1,429 0.0 746 Leicester UA 1,252 2.0 1,252 2.0 1,484 2.0 770 Blackpool UA 1,306 0.0 1,306 0.0 1,523 0.2 772 Nottingham UA 1,404 1.9 1,404 1.9 1,644 1.9 779 Blackburn with Darwen UA 1,267 0.0 1,272 0.0 1,488 0.2 789 Halton UA 1,160 1.9 1,162 1.9 1,382 1.9 806 Derby UA 1,145 1.5 1,145 1.5 1,379 1.5 824 Middlesbrough UA 1,331 2.0 1,331 2.0 1,597 2.0 837 Southampton UA 1,263 1.9 1,263 1.9 1,475 2.0 847 North East Lincolnshire UA 1,248 0.0 1,260 0.1 1,511 0.1 848 Portsmouth UA 1,172 2.0 1,172 2.0 1,384 2.0 856 Luton UA 1,207 2.0 1,207 2.0 1,446 2.0 869 Hartlepool UA 1,419 0.0 1,420 0.0 1,686 0.3 891 Durham UA 1,283 0.0 1,361 -0.1 1,608 0.1 905 Peterborough UA 1,128 0.0 1,136 0.0 1,378 0.6 907 Darlington UA 1,215 2.0 1,219 2.1 1,465 1.9 919 Plymouth UA 1,270 2.0 1,270 2.0 1,508 2.0 936 Southend-on-Sea UA 1,137 1.7 1,144 2.0 1,351 2.0 940 Telford & Wrekin UA 1,147 1.9 1,210 2.1 1,477 1.8 941 Stockton-on-Tees UA 1,288 1.9 1,299 1.9 1,565 2.0 961 Thurrock UA 1,125 2.0 1,125 2.0 1,333 2.0 962 Redcar & Cleveland UA 1,363 2.0 1,378 2.2 1,644 2.2 962 Medway UA 1,141 2.0 1,146 2.0 1,355 1.9 963 North Lincolnshire UA 1,284 -0.1 1,311 0.0 1,562 0.0 965 Bristol UA 1,365 2.0 1,365 2.0 1,597 1.8 983 Warrington UA 1,159 2.0 1,181 1.9 1,402 2.0 987 Torbay UA 1,261 0.0 1,265 0.0 1,503 0.3 993 Slough UA 1,173 1.9 1,181 2.0 1,399 2.3 1,009 Northumberland UA 1,373 0.0 1,426 0.4 1,513 0.6 1,018 Swindon UA 1,146 0.0 1,174 0.1 1,395 0.1 1,019 Brighton & Hove UA 1,287 2.0 1,288 2.0 1,508 1.7 1,025 Bournemouth UA 1,250 -0.7 1,250 -0.7 1,499 0.0 1,036 Cornwall UA 1,244 0.0 1,314 0.5 1,477 0.6 1,039 Isle of Wight Council UA 1,290 0.0 1,324 0.2 1,475 0.5 1,041 Milton Keynes UA 1,138 2.0 1,201 1.9 1,417 1.8 1,042 York UA 1,144 1.9 1,153 1.9 1,420 1.6 1,067 East Riding of Yorkshire UA 1,216 0.0 1,259 0.1 1,510 0.1 1,091 Reading UA 1,313 1.9 1,313 1.9 1,531 2.2 1,132 Shropshire UA 1,165 -1.2 1,221 -1.1 1,488 -0.8 1,136 North Somerset UA 1,165 1.5 1,215 1.7 1,447 1.5 1,139 Cheshire West and Chester UA 1,275 1.9 1,297 1.9 1,518 1.9 1,161 South Gloucestershire UA 1,245 0.0 1,307 0.3 1,539 0.3 1,184 Poole UA 1,210 0.0 1,210 0.0 1,458 0.6 1,190 Bath & North East Somerset UA 1,202 0.0 1,236 0.1 1,468 0.1 1,200 Bedford UA 1,305 0.0 1,331 0.2 1,571 0.4 1,204 Herefordshire UA 1,228 1.9 1,267 2.0 1,519 1.6 1,217 Windsor & Maidenhead UA 946 -3.0 964 -2.9 1,182 -1.7 1,223 Bracknell Forest UA 1,094 0.0 1,158 0.0 1,376 0.6 1,228 Cheshire East UA 1,216 0.0 1,249 0.2 1,470 0.5 1,243 Wiltshire UA 1,222 0.0 1,296 0.1 1,517 0.1 1,289 Isles of Scilly 1,030 0.0 1,030 0.0 1,193 0.3 1,337 Central Bedfordshire UA 1,308 -0.6 1,413 0.1 1,652 0.3 1,394 West Berkshire UA 1,263 2.0 Page 2541,320 of 323 2.0 1,538 2.3 1,441 Wokingham UA 1,223 1.9 1,276 1.9 1,494 2.2 1,544 Rutland UA 1,431 0.0 1,469 0.0 1,701 0.3 1,566 13/73 Management of Reserves APPENDIX F

Protocol for the Management and Use of Reserves

1. CIPFA’s Guidance Note on Local Authority Reserves and Balances states that ‘it is important that local authority councillors take responsibility for ensuring the adequacy of reserves and provisions when setting the budget’. The Guidance Note requires the Section 151 Officer (the Head of Finance) to advise members about the level of reserves they should hold and to ensure that there are protocols for their establishment and use.

2. The Council’s Financial Regulations state that for each reserve established, the purpose, usage and basis of transactions should be clearly identified, and that authorisation and expenditure from reserves is by the appropriate Corporate Director of Head or Service in consultation with the Head of Finance.

3. When a reserve is to be established, the Head of Finance must be satisfied: a) Of the reason for the reserve, and its purpose. b) That setting up the reserve complies with the latest version of the Code of Practice on Local Authority Accounting in the United Kingdom

4. Contributions to and from reserves shall be included in the Council’s accounts, which are approved by the Head of Finance and the Audit and Governance Committee.

5. Control of Reserves shall involve: a) An annual review of the relevance and adequacy of reserves, as part of the Head of Finance’s budget report. b) Monthly budget monitoring of the Council’s overall revenue position to assess the potential extent of the use of general reserves in any year. c) A year end assessment by the Head of Finance of the potential use of reserves in order to optimise the Council’s financial position, with any such use reported to the Audit and Governance Committee as part of the report on final accounts. d) It should also be noted that the External Auditor may wish to review the level of reserves at any time, and that the Head of Finance will take into account any views expressed by the External Auditor on reserves as part of the budget report.

6. This report takes into account the assessment of reserve requirements in appendix B. Reserve (usable Reason/Purpose Management Use Estimated reserves only) and Control balances General Reserve To fund any As per 5 (a) to To fund any 31.3.14 (including future overspend on the (d) above overspend on the £9.6million. liability) Council’s annual Council’s annual In year budget. To ensure budget – in which use/transfer that the Council has case, if the level goes (net)£0.1m funds to cover below the minimum 31.3.15 unexpected events in shown in Appendix B, £9.7million the short and medium the reserve will need Adequate, See term. To provide a to be replenished the Appendix B, prudent basis for following year Adequacy of operating. Reserves

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Reserves Reason/Purpose Management Use Estimated (usable reserves and Control Balances only) General Reserve In recognition of the As per 5 (a) to To fund key partners if 31.3.14 – Specific Risk specific risk resulting (d) above the Airport Board is £3.0million Management from reliance on unable to provide 31.3.15 donations from the make donations in £3.0million Airport Company to future – in which case, fund charitable the base budget and partners of the reserve requirement Adequate at Council whose work will need urgent minimum level, would have to be reassessment to see Appendix B funded by the Council determine future Adequacy of if Airport funding was requirements Reserves not available. General Reserve To provide funds to As per 5 (a) to In accordance with the 31.3.14 £3.3m – Invest to save enable the Luton (d) above, plus Luton Excellence Repayment net of Excellence project to report to CLMT, governance new use £0.1m use to deliver ongoing FPP and Exec in arrangements and the 31.3.15 £3.2m revenue reductions accordance with invest to save scheme and service Lex approval Invest to save improvements, and to scheme and funding is fund invest to save invest to save essential to schemes essential to scheme on develop new balance the budget in specific efficiencies future years – see proposals for invest to save scheme use General Reserve To ensure that the Approved by To fund costs arising 31.3.14 £9m – reorganisation Council can fund the Executive on the from organisational In year use £0m etc costs of implementing recommendation development including 31.3.15 £9m in the massive change of the Head of claims that may arise line with medium necessary over the Finance term strategy coming years and claims that may arise General Reserve To enable Use approved To fund carry 31.3.14 £2m – Service underspends to be by Executive forwards. To fund approx, in year Provision & carried forward for use and unexpected in-year estimated use pressures in the following implemented by pressures £2m, but est. financial year Head of Finance 15/16 carry forwards £2m giving 31.3.15 £2m. Not relevant for budget setting. Housing Revenue To fund additions or As per 5 (a) to To fund any 31.3.14 £7m Account – improvements to the (d) above overspend on the Add in year £2.8m General Revenue housing stock, or to HRA’s annual budget 31.3.15 £9.8m Reserve meet any overspend – in which case, the Adequate on the HRA budget. reserve may need to To ensure sufficient be replenished the funds to cover following year unexpected events. To provide a prudent basis for operating. Housing Revenue To fund HRA As per 5 (a) to To make 31.3.14 £1.6m Account – capital developments (d) above improvements to Add in year £0m reserve existing homes or to 31.3.15 £1.6m provide new homes Question of adequacy not applicable to revenue budget Page 256 of 323 13/75

Management of Reserves APPENDIX F

Reserve (usable Reason/Purpose Management Use Estimated reserves only) and Control balances Central Insurance To enable the Council As per To pay claims by 31.3.14 £2.3m Reserve to self-insure risks Insurance departments for Use in year £100k where no external procedures items/incidents which Net projection for cover is obtainable, are met by self- 31.3.15 £2.2m and/or where self insurance, subject to (excs. provisions)- insurance is better validation and to any needs ongoing value excess review based on updates of risks. Schools To enable schools to As per 5 (a) and Schools-specific 31.3.14 £13.7m Reserves carry forward funds (b) above, with reserves for their net change in year not spent in any detailed expenditure (also used £1.0m particular year for use assessments by for inter-schools loan 31.3.15 £14.7m on future projects Children & scheme). Central Learning funds limited to DSG Adequate spend. General Reserve To allow for As per 5 (a) to To fund any 31.3.14 £0.2m – Planning, unpredictable costs of (d) above overspend of the use 0 including enquiries/income Council’s overall 31.3.15 £0.2m development plan reductions in planning, budget resulting from and in development a reduction in planning plan production fees or a major planning enquiry. To fund major spend pressures in relation to development plan production Pension Reserve To fund future Review by Head Funding of Council 31.3.14 £2.9m pension-related of Finance on liabilities in respect of Use in year £0m liabilities receipt of pensions costs 31.3.15 £2.9m pensions including any early In line with information plus retirements, given medium term annual reviews deficit levels on strategy pension fund. Mercury Emission Paid for replacement As per 5(a) to Provided funds for 31.3.14 £0.0m Reserve cremator (d) replacement of the In year use £0.0m cremator in 31.3.15 £0 accordance with Not relevant to emission requirements adequacy rules Butterfield To share the benefits As per 5(a) to For additional spend 31.3.14 £0.6m Reserve from Butterfield (d) on economic Use in year £0.1m Business Park development activity, 31.3.15 £0.5m over and above the Council’s base budget Welfare Reform To enable the Council As per 5 (a) to To provide short term 31.3.14 £1.6m and Recession to respond positively (d) above funding that may be Use in year £0.2m Reserve to priority issues needed to deal with: 31.3.15 £1.4m arising locally where a) key economic and Adequate there is significant social pressures impact on the Luton arising locally as a population and/or the result of the recession Council’s own b) further reductions in financial situation. government grant funding Major Projects To provide cover in As per 5 (a) to Funding of major 31.3.14 £15m Reserve relation to risks arising (d) above project risk issues Use in year £0m from major projects should it be 31.3.15 £15m determined that they should be funded from Page 257 of 323 revenue rather than 13/76

Management of Reserves APPENDIX F

borrowing.

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APPENDIX G

CAPITAL PROGRAMME 2014-2019 EXPENDITURE / RESOURCE ASSESSMENT

GENERAL FUND 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 Residue £k £k £k £k £k £k £k Expenditure - Total Programme Expenditure -76,156 -69,095 -34,220 -23,489 -23,435 -20,290

New resources - Probable/ re Potential Bids Prudential borrowing - vpe 3,471 5,194 3,705 4,400 3,600 1,990 Prudential borrowing 9,585 2,000 0 0 0 0 Revenue 12,404 8,995 4,498 5,406 5,895 5,883 Supported Capital Expenditure [C] 43,489 44,285 20,089 12,491 12,147 9,952 Capital Receipts 4,030 2,547 5,440 3,552 5,037 408

Contributions 5,070 564 2,036 0 0 0 78,049 63,585 35,768 25,849 26,679 18,233 0

Annual Resources excess / shortage(-) 1,893 -5,510 1,548 2,360 3,244 -2,057 Cumulative excess/ shortage (-) 1,893 -3,617 -2,069 291 3,535 1,478 1,478 vpe = vehicles, plant and equipment

HOUSING REVENUE ACCOUNT 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 residue £k £k £k £k £k £k £k Expenditure - Total Programme Expenditure -18,671 -26,103 -21,220 -17,905 -12,094 -12,286

Resources - Total programme Major Repairs Reserve 8,905 9,282 9,470 9,655 9,844 10,036 Revenue Contribution (RCCO) 4,366 6,416 3,109 743 718 691 Bought Forward Resources 10,582 HRA Headroom Borrowing 100 6,900 7,000 6,000 0 0 Right to Buy Receipts 0 3,504 1,641 1,507 1532 1559

Resources excess / shortage(-) 5,282 0 0 0 0 0 0

Page 259 of 323 13/78 Capital Programme 2014/19 Options Appraisals APPENDIX H

Project Options Appraisals Received 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 Resourced By Total £k £k £k £k £k £k £k CTS - Lea Manor Recreation Centre - Major Refurbishment - NEW 250.0 250.0 250.0 250.0 250.0 1,250.0 Internally Resourced CTS - Depot WTS Sprinkler System - NEW 775.0 775.0 Internally Resourced CTS - Futures House Air conditioning - NEW 200.0 200.0 Internally Resourced CTS - Lewsey Community Centre - Building alterations & compliance for conversion into offices - NEW 150.0 150.0 300.0 Internally Resourced CTS - CCLV- refurb of blocks 5 & 6 and the enabling of infrastructure - NEW 250.0 250.0 250.0 750.0 Internally Resourced CTS - Lealands High School - asbestos removal - NEW 90.0 90.0 Internally Resourced CTS - Web Transformation Portal - NEW 1,121.0 663.0 1,784.0 Internally Resourced CTS - Web Transformation Intranet - NEW 145.0 145.0 Internally Resourced CTS - Customer Service Centre Telephony System Replacement - NEW 250.0 250.0 Internally Resourced CTS - My CMIS (IT product used in conjunction with the Council Committee Mgt Info System) NEW 5.6 5.6 Internally Resourced CTS - Ashcroft High School - asbestos removal - NEW 300.0 229.0 529.0 Internally Resourced CTS - PSN Compliance - NEW 100.0 100.0 Internally Resourced CTS - Web Transformation - Design Refresh - NEW 135.0 135.0 Internally Resourced CTS - Contingency SAN Storage - NEW 80.0 80.0 Internally Resourced CTS - Replacement Pavilion at Stopsley Common - NEW 120.0 120.0 Internally Resourced CTS - Refurbishment of Lothair Road Pavilion 150.0 250.0 400.0 Internally Resourced CTS - On line Booking System - NEW (required if Web Portal project does not go ahead) 250.0 250.0 Prudential Borrowing CTS - Property Maintenance Priority Programme (internally resourced element) 1,900.0 1,900.0 1,900.0 1,900.0 1,900.0 1,900.0 11,400.0 Internally Resourced CTS - Asbestos Management and Removal 225.0 225.0 225.0 225.0 225.0 225.0 1,350.0 Internally Resourced CTS - Health and Safety Measures (includes £18k slippage from 2012-13) 168.0 150.0 150.0 150.0 150.0 150.0 918.0 Internally Resourced CTS - Risk Management Fire Protection 120.0 120.0 120.0 120.0 120.0 120.0 720.0 Internally Resourced CTS - Town Hall Extension - Major Refurbishment to support TWTP (14/15 incls £1900k slippage from 13/14-project delayed) 1,250.0 3,750.0 5,000.0 Internally Resourced CTS - Refurbishment of Apex House to support TWTP.(includes £204.5k slippage from 2012-13) 204.5 750.0 750.0 1,704.5 Internally Resourced CTS - Alterations to Clemitson House to support TWTP 200.0 600.0 400.0 1,200.0 Internally Resourced CTS - Alterations to Town Hall to support TWTP - major refurbishment(incl £169.3k slippage from 2012-13) 169.3 700.0 800.0 1,500.0 3,169.3 Internally Resourced CTS - Desktop Refresh Programme (includes £36.2k slippage from 2012-13) 836.2 100.0 50.0 50.0 1,036.2 Prudential Borrowing CTS - Network Refresh Programme (includes £49.6k slippage) 149.6 100.0 100.0 100.0 100.0 100.0 649.6 Prudential Borrowing CTS - Server Refresh Programme (includes £106k slippage from 2012/13) 146.0 75.0 75.0 75.0 75.0 75.0 521.0 Prudential Borrowing CTS - Genesis Contract Capitalisation 841.7 339.4 344.1 348.9 353.8 2,227.9 Prudential Borrowing CTS - Energy Conservation (includes £18k slippage from 2012-13) 118.0 100.0 100.0 100.0 100.0 100.0 618.0 Prudential Borrowing CTS - Microsoft Enterprise Agreement slippage (includes £2.2k slippage from 2012/13) 347.2 345.0 345.0 1,037.2 Prudential Borrowing CTS - Expansion of Customer Service Centre 250.0 100.0 350.0 Internally Resourced CTS - Internet Website Software (includes £0.3k slippage from 2012-13) 25.3 25.0 50.3 Prudential Borrowing CTS - Former SLHS site Asbestos and other works to enable site development(slippage from 2012-13) 260.0 260.0 Internally Resourced CTS - Futures House 10.0 10.0 Internally Resourced E&R - LTP Maintenance (Highway Capital Maintenance) Grant element 1,193.0 1,028.0 1,050.0 1,050.0 1,050.0 1,050.0 6,421.0 Capital Grant E&R - LTP Maintenance (Highway Capital Maintenance) Internally resourced element 0.0 1,000.0 1,000.0 1,000.0 1,000.0 1,000.0 5,000.0 Internally Resourced E&R - Euro Bins 7.0 24.0 24.0 24.0 24.0 24.0 127.0 Prudential Borrowing E&R - Litter Bins 0.0 66.0 66.0 66.0 5.0 5.0 208.0 Prudential Borrowing E&R - Recycling Bins 6.5 6.5 6.5 6.5 26.0 Prudential Borrowing E&R - Trade Refuse Bins 30.0 50.0 50.0 50.0 50.0 50.0 280.0 Prudential Borrowing E&R - Wheeled Bins (includes £3.4k slippage) 73.4 80.0 80.0 80.0 80.0 80.0 473.4 Prudential Borrowing E&R - Recycling Centres (Bring sites) 10.0 10.0 10.0 10.0 40.0 Prudential Borrowing E&R - Bins - General grant funding (Pickles) 258.8 258.8 Capital Grant E&R - Cremator Mercury Abatement 567.7 7.5 575.2 Specific Reserve E&R - Vehicles, Plant and Equipment - Transport Replacement Programme - Pru borrowing element 778.6 3,396.3 2,588.9 3,946.2 1,944.1 940.7 13,594.7 Prudential Borrowing E&R - Vehicles, Plant and Equipment - Transport Replacement Programme - Capital Grant element 0.0 320.0 150.0 470.0 Capital Grant E&R - Luton Town Centre Transport Scheme 1,100.0 2,000.0 3,100.0 Third Party Contribution E&R - Luton Town Centre Transport Scheme(incl £207.6k slippage from 2012-13) 14,557.6 14,557.6 Capital Grant E&R - M1 Junction 10a - grant element 7,418.2 16,635.4 24,053.6 Capital Grant E&R - M1 Junction 10a - 3rd Party element 464.6 2,035.5 2,500.1 Third Party Contribution E&R - M1 Junction 10a - internally resourced element 200.0 200.0 400.0 Internally Resourced E&R - Wardown Park Terracing (incl £30k slippage from 13/14) Page 260 of 323 180.0 180.0 Internally Resourced E&R - Wardown Park Bridge - NEW 235.0 235.0 Internally Resourced 13/79 Capital Programme 2014/19 Options Appraisals APPENDIX H

E&R - Replacement Highway Lighting Columns (includes £0.3k slippage from 12/13) 625.3 1,000.0 1,000.0 1,000.0 1,000.0 1,000.0 5,625.3 Internally Resourced E&R - Vale Crematorium office accommodation and waiting room facilities - NEW 230.0 230.0 Internally Resourced E&R -The Vale Cemetery Archaeological investigation linked to pathway/access provision 106.0 159.0 80.0 345.0 Specific Reserve E&R - East Luton Corridor South 26.7 26.7 Prudential Borrowing C&L - PRU Move from Avenue and Orchard to CCLV-(slippage from 12-13) 300.0 300.0 Internally Resourced C&L - Challney Girls - Access Road 31.1 31.1 Internally Resourced C&L - Crawley Green Recreation Ground Realignment of entrance (Ashcroft High School) NEW 210.0 210.0 Internally Resourced C&L - Acadamies - Purchase of Land at Rotherham Avenue 112.5 112.5 225.0 Internally Resourced C&L - Demolition of Challney Girls School 1,080.0 20.0 1,100.0 Internally Resourced C&L - Development of Putteridge Playing Fields(slippage into 14-15) 40.0 366.3 406.3 Internally Resourced H&CL - Modernisation of Mobile Home Park and Travellers Site (RCCO already in capital reserve) 108.7 50.0 50.0 50.0 50.0 50.0 358.7 Internally Resourced H&CL - Integration of IT systems across health & social care - NEW 200.0 200.0 Internally Resourced H&CL - Extra Care Housing- development of new schemes - NEW 1,750.0 1,750.0 1,750.0 1,750.0 7,000.0 Internally Resourced H&CL - Supported Housing for Adults with Learning disabilities or mental health issues - NEW 250.0 250.0 250.0 250.0 1,000.0 Internally Resourced H&CL - Supporting Green Initiatives in the Private Sector - NEW 250.0 250.0 Internally Resourced H&CL - Additional accommodation for homeless families - NEW 1,000.0 1,000.0 internally Resourced H&CL - Social Care Case Management Replacement (Carefirst) - NEW 1,008.0 868.0 1,876.0 Internally Resourced H&CL - Empty Homes 250.0 250.0 500.0 Internally Resourced H&CL - Grants for Improvement and Adaptation of Private Housing (DFG ) (interally resourced) 1,515.0 1,357.4 1,357.4 1,357.4 1,357.4 1,357.4 8,302.0 Internally Resourced H&CL - Grants for Improvement and Adaptation of Private Housing (DFG ) (grant funded) 492.0 496.7 496.7 496.7 496.7 496.7 2,975.3 Capital Grant H&CL - Modernisation of Day Services (funded by receipt from sale of Bramingham) 2,500.0 2,500.0 Internally Resourced H&CL - Modernisation of Day Services 300.0 300.0 Capital Grant H&CL - Modernisation of Day Services - RCCO 150.0 1,750.0 1,900.0 Internally Resourced H&CL - Conversion of Calverton Lodge into a hostel - NEW 85.0 85.0 Internally Resourced H&CL - Loans to Housing Associations 133.0 150.0 150.0 150.0 150.0 150.0 883.0 Internally Resourced H&CL - Aquatic Centre (slippage from 2012-13) 8.9 8.9 Prudential Borrowing CTS - GCSX Compliance Tools 45.0 45.0 Internally Resourced C&L - Adaptations to fairways 7.9 7.9 Internally Resourced C&L - Secure walkway/path at Challney Girls (slippage from 12-13) 10.4 10.4 Internally Resourced C&L - Kitchen and dining facilities at Cardinal Newman (incl £8.1k slippage) 483.1 483.1 Internally Resourced C&L - Lea Manor Top Car Park 17.0 17.0 Internally Resourced C&L - LLRC Investment (slippage from 12-13) (rcco) 150.0 150.0 Internally Resourced CTS - Silver Street Car Park Culvert Repairs 80.0 80.0 Capital Grant CTS - Silver Street Car Park Culvert Repairs 140.0 140.0 Internally Resourced CTS - Investment Properties Project (incl £1424.4k slippage from 12-13) 3924.4 3,924.4 Prudential Borrowing CTS - Demolition of Luton Regional Sports Centre 700.0 700.0 Internally Resourced CTS - AFS Archive Viewer (slippage from 12-13) 3.9 3.9 Internally Resourced CTS - Application Software (slippage from 12-13) 83.9 83.9 Prudential Borrowing CTS - Website Migration (slippage from 12-13) 90.4 90.4 Internally Resourced CTS - Secure Hand held device infrastructure (slippage from 12-13) 50.0 50.0 Internally Resourced CTS - Voice Over Internet Protocol ( incl £45k slippage from 12-13) 90.0 90.0 Prudential Borrowing CTS - Telephone Switch Upgrade (incl £25k slippage from 12-13) 50.0 50.0 Prudential Borrowing CTS - Web Transformation - Customer Insight 11.0 11.0 Internally Resourced E&R - Luton Dunstable Busway - LBC contribution 4,137.5 4,137.5 Prudential Borrowing E&R - Luton Dunstable Busway - Central Beds contribution 4,137.5 4,137.5 Third Party Contribution E&R - WCSS Implementation( Weekly Collection Support Scheme) NEW 513.8 3,049.2 344.0 3,907.0 Capital Grant E&R - RTPI Joint Working 20.1 20.1 Third Party Contribution E&R - Wardown Park Lake dredging 250.0 250.0 Internally Resourced E&R - Hitchin Road - Highways Improvements at Junction with Aquatics Centre 260.5 260.5 Prudential Borrowing

Total of New Options Appraisal Forms 53,293.4 50,012.9 22,213.2 16,749.6 14,780.9 11,123.7 168,173.8

Page 261 of 323

13/80 APPENDIX I

Variations in Spend and Income between 2014/15 and 2013/14

£'000 General Fund (excluding Schools)

Net Expenditure Budget 2013/14 159,440 Net Expenditure Budget 2014/15 147,754

Net Budget Reduction -11,686

Note: The Council is continuing to reassess the way it delivers services to the community within the reduced levels of grant support provided by Central Government and £18.2 million of savings or increases in local income collection are required to balance spend on services.

Net reduction in expenditure represented by: Cost Increases

Unavoidable increase in service costs 2014/15 5,302 Base Price Inflation on Non-Employee Costs (before savings adjustment) 2,813

Employee Costs (National Insurance & Increments) 323 Net revenue effects of Capital Programme, Interest on Investments & Airport 113 Dividend 8,551

Cost Reductions

Central Contingency & Reorganisation Costs -1,800

Change in Use of Specific Reserves -228

New Saving Proposals required to balance the Budget (exp. and income) -18,209 -20,237

Net Increase in 2014/15 Budget (including transfers of specific grants) -11,686

Education DSG Budget (excluding Academy Recoupment)

2013/14 Budget 157,776 13/14 In Year Adjustments -2,569 Increase from Pupil Numbers 1,416 2 Year Old Funding increase 1,621 Carbon Reduction Commitment -235 High Needs Funding 151

2014/15 Budget 158,160

Page 262 of 323

13/81 Appendix J

Pupil Led Factors Reception uplift Yes Pupil Units 44.50 Proportion of total Description Amount per pupil Pupil Units Sub Total Total Notional SEN (%) 1) Basic Entitlement pre MFG funding (%) Age Weighted Pupil Primary (Years R-6) £3,222.75 20,597.50 £66,380,593 46.08% 4.00% TRUE Unit (AWPU) Key Stage 3 (Years 7-9) £4,443.43 5,908.00 £26,251,784 £110,486,079 18.22% 4.00% Key Stage 4 (Years 10- £4,443.43 4,018.00 £17,853,702 12.39% 4.00% 11) Eligible Eligible Primary Secondary proportion proportion Primary Secondary Proportion of total Description amount per amount per of primary of Sub Total Total Notional Notional pre MFG funding (%) pupil pupil Number on secondary SEN (%) SEN (%) Roll (NOR) Number on FSM6 % Primary £1,384.21 6,483.31 Roll (NOR) £8,974,263 3.00% FSM6 % Secondary £1,443.85 3,450.38 £4,981,829 3.00% TRUE 2) Deprivation Based IDACI Band 1 £54.40 £60.28 1,721.24 898.51 £147,798 on Free School Meals Ever 6 (FSM6) and IDACI Band 2 £68.00 £75.35 2,987.14 1,561.63 £320,795 £15,859,073 11.01% Income Deprivation IDACI Band 3 £81.60 £90.42 4,833.59 1,904.53 £566,629 Affecting Children IDACI Band 4 £95.20 £105.49 4,424.97 1,882.36 £619,828 Index (IDACI) IDACI Band 5 £108.80 £120.56 865.65 471.35 £151,008 IDACI Band 6 £122.40 £135.63 509.08 255.20 £96,924 Eligible Eligible Primary Secondary Primary Secondary proportion proportion Proportion of total Description amount per amount per Sub Total Total Notional Notional of primary of pre MFG funding (%) pupil pupil SEN (%) SEN (%) NOR secondary 3) Looked After NOR LAC X March 12 £613.00 151.81 £93,057 0.06% Children (LAC) 4) English as an EAL 3 Primary £444.60 6,308.47 £2,804,745 Additional Language 2.63% EAL 3 Secondary £2,122.07 461.49 £979,320 (EAL) £3,961,923 Pupils starting school 5) Mobility outside of normal entry £306.60 £134.07 276.59 0.00 £84,801 0.06% dates Eligible Percentage proportion of eligible of primary Primary Secondary Amount per Year 1 and Proportion of total Description Weighting and Sub Total Total Notional Notional pupil Years 2-5 pre MFG funding (%) secondary SEN (%) SEN (%) NOR NOR respectively respectively Low Attainment year 1 100.00% 52.16% £515.87 6,539.36 £3,373,458 100.00% Low Attainment % Y2-5 78 26.12% FALSE 3.82% 6) Prior attainment Secondary pupils not £5,507,190 achieving (KS2 level 4 £725.96 2,939.19 £2,133,732 100.00% English or Maths)

Other Factors

Lump Sum per Primary Lump Sum per Secondary Proportion of total Factor Total (£) Notional SEN (%) School (£) School (£) pre MFG funding (%) 7) Lump Sum £100,000.00 £175,000.00 £6,450,000 4.48% TRUE 8) Sparsity factor £0 0.00% 9) Fringe Payments £0 0.00% TRUE 10) Split Sites £28,250 0.02% 11) Rates £1,544,280 1.07% 12) PFI funding £0 0.00% 13) Sixth Form £0 0.00% 14 ) Exceptional circumstances (can only be used with prior agreement of Education Funding Agency) Proportion of total Circumstance Total (£) Notional SEN (%) pre MFG funding (%) Joint Use of Leisure Centre £240,000 0.17% Other Adjustment to 13-14 Budget shares Joint Use Equalisation -£17,483 -0.01% Total Funding for Schools Block Formula (excluding MFG Funding Total) (£) £144,059,312 100.00% £10,345,315

15) Minimum Funding Guarantee (MFG is set at -1.5%) £577,170 Apply capping and scaling factors? (gains may be capped above a specific ceiling and/or scaled) Yes Capping Factor (%) 0.00% Scaling Factor (%) 24.64% Total deduction if capping and scaling factors are applied -£577,170 Proportion of Total Total (£) funding(%) MFG Net Total Funding (MFG + deduction from capping and scaling) £0 0.00%

High Needs threshold (only fill in if, exceptionally, a high needs threshold different from £6,000 has been approved) Additional funding from the high needs budget £30,000.00 Growth fund (if applicable) £973,960.00 Falling rolls fund (if applicable) £105,000.00

Total Funding For Schools Block Formula £144,059,312 TRUE % Distributed through Basic Entitlement 76.69% % Pupil Led Funding 90.44% Primary: Secondary Ratio 1 1.30

Page 263 of 323

13/82 Centrally Retained Budgets 2014-15 Appendix K

Schools Block Item No Line Description Budget 1 1.4.1 Contributions to Combined Budgets 488,242 2 1.4.2 School Admissions 519,296 3 1.4.3 Servicing of Schools Forum 12,402 4 1.4.5 Falling Roll Fund 105,000 5 1.4.9 Equal Pay 163,725 6 1.4.5 Carbon Reduction 0 7 1.4.10 Pupil Growth 973,960 8 1.4.12 Licenses (Arranged by DfE for all state funded schools 100,000 2,362,625

Early Years Block Item Line Cost Centre Budget Description Commissioning support for 2,3 & 4 year old Nursery education 9 1.3.1 Family Support 48,130 provision Provides advice, support, guidance and training for early years providers to ensure that they meet statutory requirements, including safeguarding, and 9 1.3.1 Foundation Stage Training & Support 389,526 deliver high quality care and In year adjustments for infant/primary/nursery schools for 3 and 4 year olds following census 9 1.3.1 Non Delegated Nursery 52,000 count In year termly adjustments for PVI settings for 3 and 4 year olds 9 1.3.1 PVI In-Year Adjustment (3&4 Yr Olds) 607,531 following census count Allocations to PVI settings for Free School Meals served (included in the hourly rate for 9 1.3.1 PVI FSM Allocations (3&4 Yr Olds) 6,500 maintained settings) Contingency funding for PVI settings for exceptional items e.g. significant termly intake after 9 1.3.1 PVI Exceptional Circumstances (3&4 Yr Olds) 30,000 census date In year adjustments for PVI 9 1.3.1 PVI In Year Adjustments (2 Yr Olds) 421,620 settings for 2 year olds Funding to enable and support the 9 1.3.1 Trajectory Funding 2yr Olds 510,234 increase in capacity 9 1.3.1 Other 42,109 Total 2,107,650

Page 264 of 323

13/83 APPENDIX 2

Report of the Head of Corporate Finance on the robustness of the budget proposal and a statement on reserves and provisions

1. Section 25 of the Local Government Act 2003 requires me to report to Council on: a) the robustness of the estimates made for the purposes of the calculations [required in accordance with the Local Government Finance Act 1992 in order to set the budget], and b) the adequacy of the proposed financial reserves.

2. Council is required to ‘have regard’ to this report before setting a budget.

3. CIPFA also recommend that I should report to Council on the adequacy of the general reserves and provisions in respect of the forthcoming year and the authority’s medium term financial strategy.

4. The Budget Report sets out the way in which the base budget has been prepared. There are a number of significant savings proposals on which consultation will not be completed until after the budget has been set. However, the level of saving taken in the first year has been set at a prudent level as a result.

5. Paragraphs 54 to 56 of the budget report refer to the Budget Risk Management Strategy, and that strategy considers in some detail the risks associated with the budget, and how those risks should be managed. It also includes risk-based calculations of the levels of contingency and of general reserve required, taking into account the strategic, operational and financial risks facing the authority, the growth bids recommended for approval as a result of demand-led pressures, and the levels of savings recommended. The minimum level of reserve remains at the same level set for 2013/14.

6. Appendix F to the Budget Report sets out the other reserves the Council maintains, and comments on their adequacy. As stated in Appendix F, I deem these reserves to be adequate, on the basis of the budget recommendations put forward.

7. On the basis that the risk management measures set out in the Budget Risk Management strategy are implemented, I report that the estimates made for the purposes of the budget calculations put forward for approval by the Executive are robust, and that the level of proposed financial reserves resulting from those recommendations are adequate.

8. The budget proposals include indicative savings for 2015/16 which show how the budget can be balanced in that year. In the following 3 years it is currently estimated that a further £38.9million of ongoing savings will be required. This will require immense effort and it is likely that statutory requirements on local authorities will need to be

Page 26559 of 323

APPENDIX 2 reconsidered in order that authorities like Luton (those with relatively low levels of Council Tax income when compared with authorities such as Windsor and Maidenhead and Central Bedfordshire where property values are much higher) can produce sustainable budgets on an ongoing basis when government grant is reduced to very low levels. However, the Council has been able to increase the level of reserves it holds over the last 2 years and this enables me to report that, again subject to the risk management measures set out in the Budget Risk Management strategy being successfully implemented over the medium term, the current levels of general reserves and provisions are also adequate in relation to the Council’s medium term strategy.

Page 26660 of 323

AGENDA ITEM:

4.3

COUNCIL

DATE: 20th February 2013

SUBJECT: HOUSING REVENUE ACCOUNT (HRA) ESTIMATES AND RENTS AND SERVICE CHARGES 2013/14

REPORT BY: EXECUTIVE

CONTACT OFFICER: MATT HUSSEY 01582 546032

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES  ENVIRONMENT 

FINANCIAL  CONSULTATIONS

STAFFING  OTHER

WARDS AFFECTED: ALL

PURPOSE

1. The purpose of this report is to refer to the Council the recommendations of the Executive with regard to the Housing Revenue Account (HRA) Estimates and Rents and Service Charges 2014/15.

RECOMMENDATION(S)

2. That the Council be recommended to approve:

(i) the Housing Revenue Account (HRA) budget for 2014-15.

(ii) an average increase in HRA dwelling rents and service charges of 3.00%, to apply from April 2014 (as set out at paragraphs 17 - 20 of the report of the Director of Housing and Community Living (Ref: 14))

(iii) rent levels for HRA garages to apply from April 2014 (as set out at paragraph 21 of the report of the Director of Housing and Community Living (Ref: 14)) Page 267 of 323 61

(iv) the increased Leaseholder Management fee (as set out at paragraph 22 of the report of the Director of Housing and Community Living (Ref: 14))

(v) an average increase in rent levels for non-HRA council dwellings in line with that for HRA properties at an average 3.00% (as set out at paragraph 23 - 25 of the report of the Director of Housing and Community Living (Ref: 14))

(vi) the revised rents and service charges recommended above be effective from 7th April 2014 and the appropriate notice be served to tenants.

REPORT

3. The Council currently provides over 8,000 homes for the community. These include a mixture of houses and flats, both for general needs and more specialist properties such as sheltered accommodation. The Council has to maintain a separate fund, the Housing Revenue Account, to account for all income and expenditure on these properties.

4. From April 2012 the housing subsidy framework will be replaced by a new system of ‘self-financing’, under which the Council will make a one-off capital settlement to the Government instead of making annual payments. The amount to be paid initially is prescribed by the Government at £89.456m, and is to be funded through borrowing at a fixed rate from the Public Works Loan Board. This will give the Council greater control over how HRA revenues will be managed.

5. The current HRA business plan shows the initial borrowing and the future 30 years balances. The figures indicate that there is room for new investment if the Council wishes to proceed. The maximum that can be borrowed is a further £20 million, although reserves could be used to provide limited additional funding. Any future investment is dependent on the Council meeting the income assumptions based on the Government’s guideline rent requirements

6. The draft revenue estimates for the Housing Revenue Account (HRA) shown below have been prepared after consultation with the portfolio holder for Housing and the Leader of the Council. The Rents figure below will increase in line with the Executive decision for April 2014. Draft estimates will be discussed with the Tenants Advisory Board on 22nd January 2014.

Page 268 of 323 62

Table 1

Housing Revenue Account Estimates 2014-15 £

Supervision & Management 6,678,903 Repairs 13,473,525 Sheltered Accommodation 1,133,386 Other Revenue Expenses 237,240 Capital Financing 13,394,735

Total Expenditure 34,917,789

Customer & Client Receipts 57,660 Rents 37,360,319 Interest Receivable 40,000 Allocation of Costs to GF 211,526

Total Income 37,669,505

Net Surplus 2,751,716

7. In order to safeguard against any unforeseen contingencies it is recommended that a minimum balance of £1.5 m be maintained at the end of any year. The opening balance on the account at the start of next year (1st April 2014) is currently forecast to be a surplus of £5.2m. At the start of the current year, an in year surplus of £2.7m was estimated. Further variations of £1.7m under spend were reported at period 8 to Executive. The main reasons for this are shown in Table 2 below:

Table 2

£ Housing Management (162,611) Provision for Bad Debt (see note c) (500,000) Page 269 of 323 63

Recharges (52,950) Other Supplies and Services (55,492) Increase in Rental Income (see note a and b) (897,049)

Total predicted under spend in 2013-14 (1,668,102)

8. Notes:

a) An accounting treatment of the additional £650k accruing from the 53 weeks in this year.

b) Efficiency in the management of voids which has resulted in a reduction in rent lost and the impact of target rents which combined has increased income by £355k

c) Proactive management of the welfare reform impact which has meant bad debt provision has been reduced by £500k

9. All of the above is welcome news given the future need for investment in affordable housing. The current year surplus and part of the reserves are being used in 2013/14 to address identified areas of need as shown in the Table 3 below:

Table 3

£ Energy Conservation 1,850,000 Replacement Windows 250,000 Kitchen Refurbishment 250,000 Purchase of Ex RTB Properties 400,000 Marsh Farm Central Area 244,200 Cornish Units 310,000 Energy Works 3,500,000 Purchase and Refurbishment of Highways 1,514,000 Agency Properties

10. The main driver for retaining reserves in the HRA beyond the prudent minimum of £1.50m is to pay for building new homes or for major improvement works to existing homes, using surpluses arising as a result of the freedoms and flexibilities given to the Council through self-financing. The annual HRA estimates and rents and service charges report will contain a medium-term estimate of the reserves earmarked for these purposes. Table 4 below shows the year-end reserve balances. Any

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balance above the minimum level can be set aside for new build projects or major improvements.

Table 4 Use of Reserves Reserves Expected Expected Expected as at Reserves Reserves Reserves 31.3.13 at 31.3.14 at 31.3.15 at 31.3.16 £ £ £ £ Revenue Reserve 8,689,438 5,282,030 1,555,000 2,321,000 Capital Reserve 244,965 Major Repairs Reserve 1,648,079

Total Reserves 10,582,482 5,282,030 1,555,000 2,321,000

Investment Reserve 9,082,482 3,782,030 55,000 821,000 Minimum reserve 1,500,000 1,500,000 1,500,000 1,500,000 balance

Total Reserves 10,582,482 5,282,030 1,555,000 2,321,000

11. The revenue reserves from 31st March 2015 will be close to the minimum level of £1.50m. Maintaining reserves at minimum level would not allow for additional projects to be undertaken unless future income streams were increased. The reserves above include an inflationary increase in rents as per the current business plan.

12. At 31 March 2014, accumulated HRA reserves are forecast to be £5.28m, which includes a surplus during the current year of £1.371m.It has been proposed that above reserves should be used in 2014/15 for various schemes with the emphasis on the new builds. The following schemes have been put forward:

Table 5

£

Conversion of Calverton Lodge 85,000

Development of redundant LBC garage Sites 250,000

Acquisition of Homes 1,000,000

Hightown Area Refurbishment 2,500,000

Additional New Affordable Homes 1,000,000

TOTAL Page 271 of 323 65

4,835,000

13. The proposed investments would reduce expected reserves at the end of 2014/15 to the minimum level of £1.5m, after including the further revenue surplus forecast for next year and RTB receipts. As for all capital projects, they would need to be appraised to ensure that they fit with council priorities and offer best value and would be subject to the council’s consultation and procurement processes. The extract from the business plan in Table 4 assumes that this investment is undertaken.

Construction of 2013-14 budget

13. The following assumptions have been used in the preparation of the budget for 2014-15:

 The continuation of service charges for all chargeable services.  No individual tenant will be charged more than inflation (based on the Retail Price Index as September 2013 of 3.2%) plus ½% plus £2.00 per week.  Contracts let by Building Technical Services with a value of over £250,000 for maintenance directed at distinct groups of tenants will have a manager nominated to work with those groups to ensure effective tenant liaison and best outcomes for the project.  Council house sales under Right to Buy are assumed to be 50 for 2014-15 reflecting estimated sales in 2013/14.  No repayment of long-term debt  PWLB loans of £1.73m will be matured during 2014/15 but will not be paid off but refinanced.  Using available headroom new borrowing will be made. Executive approval will be requested should the need to borrow for investment arise in 2014-15.  Welfare Reform was introduced from April 2013, through which the Government was intending to make the Benefits system simpler. The main changes to the system were where tenants who under-occupied properties had benefits restricted to smaller property entitlements and where tenants were paid benefit direct to their bank. Introduction of Universal Credit system has now been delayed in Luton. The true impact of all these changes which may result in an inability to pay (increasing rent arrears) or may cause significant increase in tenant transfers and thus void costs is still not clear. During 2013/14 Bad Debts provision was increased from £0.5m to £1.5m. After the consultation with the Portfolio Holder this has now been reduced to £1.0M for 2014/15.

Additional Cost

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14. Additional Capital Financing Cost of £132,000 to fund the additional borrowing of £7m to fund Marsh Farm Central Area Redevelopment project.

15. Additional cost of £140,000 to upgrade BTS IT systems.

Efficiencies

16. A range of efficiencies totalling £320,000 have been included in the budget for 2014/15 and can be seen in Table 6 below:

Table 6

£ Saving Item

Building Cleaning Contract 133,000 Transport Related Savings 9,000 Voids reduced from 1.5% to 1.0% 178,000

Total Efficiency Savings 320,000

Further efficiencies are included on the corporate savings tracker for various service reviews, but as yet projects for savings are at an early stage.

Rents and Service Charges

Dwellings rent

17. A rent increase of 3.00% is recommended from April 2013. This is less than the amount implied by the Government’s guidelines (para. 18 below), but is regarded as affordable. The average weekly rent in 2013-14 (including service charges) was £83.88. Applying an increase of 3.00% would produce an average rent of £86.38, an increase of £2.50 per week

18. Using the Department of Communities and Local Government (DCLG) prescribed formulae (up to a maximum for individual dwellings of 3.2% + 0.5% + £2); rents and service charges would increase by 5.33% for 2014/15. This is based on an inflationary element of 3.7% plus an additional amount to meet Government target rent levels by 2015/16 however, Government has now indicated that 2014/15 is the last year for converging rents, this increase of 5.33% would raise average rents to £88.31, an increase of £4.42 per week.

19. Current average rent levels for Luton Council dwellings are below Government target following the extension of service charges in 2006-07 Page 273 of 323 67

and local increases to rent levels in recent years below those necessary to meet the rent convergence target.

Service Charges

20. Charges to tenants are divided into rents (for dwellings) and service charges (for additional services received by some tenants). The decision to fully separate rents and service charges was agreed in 2006-07 to give transparency of cost. The proposed service charges for 2014-15 are set out in Appendix 2 and this shows the weekly amount required for recovery of the costs against those properties receiving the service.

Garages

21. Garage rents are currently £6.00 per week (plus VAT where appropriate). The budget for 2014-15 and the further projections assume a 50p per week increase each year based on 52 weeks.

Leaseholders

22. The current management fee for leaseholders is £180 per annum. A review has taken place and it is recommended that this is increased by 3% to £185.5 in 2014/15.

Non-HRA Properties

23. The Council owns and manages a number of residential properties that are not part of the HRA. Traditionally, the Council has increased the rents of these properties in line with any increase approved for HRA properties. The Council determined in January 2003 that the rent increase in respect of these dwellings should be at the same average rate as the Housing Revenue Account dwellings.

Gypsy / Travellers Site

24. Rent levels are currently £95.24 per week. An increase of £2.85 per week (3.00%) per site from April 2014 would yield an additional £2,677 in 2014-15

Stopsley Mobile Home Park

25. Rent levels are currently £35.70 per week. An increase of £1.07 per week (3.00%) per site is proposed from April 2014 and would yield an additional £2,303 per annum.

KEY RISKS

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27. As the recommendation is not to increase rents to the levels allowable under the DCLG formula and this is the last year to achieve convergence with formula (see paragraph 27), Luton will fall behind in reaching target rent. The impact of this will be year-on-year losses of potential income.

28. Government is proposing a big change from 01/04/2015 to social rent policy to move from an annual limit on weekly rents increases of RPI+0.5 percentage points + up to £2, to a limit of CPI + 1 percentage point. The HRA self financing settlements are based on the convergence of rents in 2015/16 with some allowance for the application of the affordability limit on rent increases of RPI+0.5%+£2 for 30 years. This will result in (potentially) significantly less rent income than was anticipated in the self financing settlements.

29. If efficiency savings were not achieved then it is likely that the reduction in expenditure would affect spending on repairs and maintenance. The table below shows the loss of income resulting in non implementation of the guideline rent increase:

Table 6

Ave Rent & Service Ave Increase Loss of Income Charge 5.33% 88.31 0 4.50% 87.58 (300,109) 4.00% 87.14 (480,898) 3.50% 86.70 (661,680) 3.00% 86.26 (842,475)

30. Collection of rent and service charge income is in total near £34 million each year. It is anticipated that rent arrears may increase due to the prevailing economic climate (and see paragraph 30 & 31). If the recommended rent increase is not approved (thereby reducing income) at the same time as arrears are increasing, the overall effect of income loss will be magnified.

31. The proposed changes to the housing benefits system, as laid out in the Welfare Reform Act, have the potential to place considerable budget pressures on the HRA. Although provision of Bad debts has been reduced in 2014/15 due to the delay in the introduction of Universal Credit in Luton, the overall situation will need to be monitored carefully. The Council will have to work alongside tenants and set up awareness programmes in order to anticipate and manage financial issues.

32. The Governments Direct Payments pilot projects are investigating a number of different elements to provide protection for landlords and tenants, including the following: Page 275 of 323 69

 Support for managing personal finance and budgeting.  Payments reverting to the landlord directly if a tenant falls into arrears, including early intervention  Supporting tenants to pay back their arrears and return to direct payments

33. Following the introduction of the increased discounts for Right to buy, forecast sales for 2014-15 are between 50 to 60 properties which would reduce the General Rents Income. If RTB receipts are used to replace these homes, rents will be set at affordable rents.

CONSULTATIONS

34. The portfolio holder has been consulted in the preparation of the report. The principles underlying the estimates for 2014-15 and the medium-term projections have been previously considered by the Council in June 2005 when determining the future ownership of the stock through the Stock Option Appraisal.

35. This report will be considered by full Council on 19th February 2014. Any views and recommendations made at that meeting will be reported subsequently.

36. A draft of this report will be considered by the Tenants Advisory Board at its meeting on 22nd January 2014 and any recommendation made will be reported.

LEGAL IMPLICATIONS

37. There are no direct legal implications to this report as agreed with Jasbir Josen in Legal Services on 17th January 2014. The Council has a legal requirement to review the Housing Revenue Account and ensure that it does not go into deficit. In addition, determinations made under the Local Government and Housing Act 1989 prescribes what can be charged to the HRA and the calculation of those charges.

FINANCIAL IMPLICATIONS:

38. The implications of recommended rent increases and other options are contained in the main body of this report as agreed by the Head of Finance on 21st January 2014.

EQUALITIES IMPLICATIONS

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39. The EIA shows that there is a neutral impact on people and places however those living in areas of low income and or social deprivation can be assisted through means tested benefits.

40. The rent increase will have a disproportionate effect on those on low income, fixed income or residents with transient work patterns.

41. However, all of these groups have access to means tested welfare benefit which will cover any shortfall in living income below the government specified levels.

42. Mitigation; We have also appointed a second visiting officer to generally meet the challenges of the welfare reform act as well as enabling us to intervene quicker with these groups of tenants to direct them towards 3rd sector support to help them sustain tenancies and access benefits etc.

43. As agreed by Sandra Legate, Equality and Diversity Policy Manager 8th January 2014

ENVIRONMENT IMPLICATIONS

44. An increase in rental income will lead to better maintained and insulated properties, using less gas and electricity and leading to decreased domestic CO2 emissions. As agreed by the Strategy & Sustainability Officer, 17th January 2014

APPENDICES: Circulated with the Council Enclosures

45. The following appendices are attached:

Appendix A - Integrated Impact Assessment Appendix B - Proposed service charges from April 2014

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AGENDA ITEM:

COUNCIL 4.4

DATE: 19TH FEBRUARY 2014

SUBJECT: TREASURY MANAGEMENT AND ANNUAL INVESTMENT STRATEGY 2014/15

REPORT BY: EXECUTIVE

CONTACT OFFICER: MATT HUSSEY 01582 546032

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: NONE

PURPOSE

1. The purpose of this report is to refer to Council the recommendations of the Executive in relation to the Treasury Management and Annual Investment Strategy 2014/15.

RECOMMENDATION(S)

2. Council is recommended to approve:

(i) the Treasury Management Strategy and Statement

(ii) the Annual Investment Strategy 2014/15 which includes the Minimum Revenue Provision Statement; and

(iii) The Council’s prudential indicators shown in tables at paragraphs 14,16, 41, 42, 43, 45, 47, 48, 49, 50, 56 and 80.

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BACKGROUND

3. At its meeting held on 10th February 2014, the Executive considered a report of the Head of Finance which advised that there was a requirement for Council to receive and approve three main reports each year, which incorporated a variety of policies, estimates and actuals. These reports would be scrutinised before being recommended to full Council and that role was undertaken by the Audit and Governance Committee.

REPORT

4. The report of the Head of Finance set out a strategy which covered:

Capital Issues

 the capital plans and prudential indicators  the Minimum Revenue Provision strategy

Treasury Management Issues

 the current treasury position  treasury indicators  prospects for interest rates  the borrowing strategy  policy on borrowing in advance of need  debt rescheduling  the annual investment strategy  creditworthiness strategy  policy on use of external service providers

5. The proposals are set out in full at Appendix 1 to this report (circulated with Council Enclosures).

PROPOSAL/OPTION

6. That the Council approve the Treasury Management and Annual Investment Strategy 2014/15 as set out at Appendix 1 to this report.

LEGAL IMPLICATIONS

7. As set out at Appendix 1 (circulated with Council Enclosures).

FINANCIAL IMPLICATIONS

8. As set out at Appendix 1 (circulated with Council Enclosures).

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RISK IMPLICATIONS

9. As set out at Appendix 1 (circulated with Council Enclosures).

APPENDIX Circulated with the Council Enclosures

10. Appendix 1 – 10th February 2014 - Executive report of the Head of Corporate Finance – Treasury Management and Annual Investment Strategy 2013/14

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

Executive Decision EX/15/14

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AGENDA ITEM 5.1 COUNCIL

DATE: 15TH FEBRUARY 2014

SUBJECT: RECOMMENDATIONS OF ADMINISTRATION and REGULATION COMMITTEE (20TH JANUARY 2014) – PAY POLICY

REPORT BY: CHIEF EXECUTIVE (HEAD OF POLICY AND PERFORMANCE)

CONTACT OFFICER: ANGELA FRASER 01582 546070

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: NONE

PURPOSE

1. To report to Council on the recommendation of the Administration Committee held on 20th January 2014 relating to the Pay Policy.

RECOMMENDATION(S)

2. Council is recommended to approve the Amended Pay Policy Statement 2014/2015 as attached at Appendix A to this report.

BACKGROUND

3. At its meeting held on 20th January 2014, the Administration Committee considered a report of the Head of Human Resources and Monitoring officer regarding the Pay Policy Statement 2014/2015.

4. Members of Administration Committee were advised on the following inclusions to the Pay Policy Statement:  Market Supplement  Remunerative Relationship between Chief Executive and Lowest Paid Page 281 of 323 75

 Re-engagement of former employees.

5 The Administration Committee then resolved as follows:

“(i) That the statutory responsibilities under the Localism Act to produce and publish a Pay Policy Statement annually by 31st March be acknowledged;

(ii) That the Pay Policy Statement 2014/2015 be approved;

(iii) That Full Council be recommended to approve the Amended Pay Policy Statement 2014/2015.”

6. The Council has an obligation under the terms of the Localism Act 2011, to produce and publish an annual Pay Policy Statement by the 31st March each year. It is, therefore, recommended Full Council approves the Pay Policy Statement 2014/2015 to comply with its legal obligation.

LEGAL IMPLICATIONS

7. As set out in the report to Administration Committee by the Head of Human Resources and Monitoring officer (Ref: 10) (as circulated with Council Enclosures).

FINANCIAL IMPLICATIONS

8. As set out in the report to Administration Committee by the Head of Human Resources and Monitoring officer (Ref:10) (as circulated with Council Enclosures).

APPENDIX CIRCULATED WITH THE COUNCIL ENCLOSURES

9. Administration Committee Report of the Head of Human Resources and Monitoring officer (Ref: 10) including Amended Pay Policy Statement 2014/2015.

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APPENDIX

PAY POLICY STATEMENT 2014/15

This Pay Policy Statement is produced in accordance with Chapter 8 of the Localism Act 2011. It was approved by Luton Borough Council (“the Council”) at a meeting of the Full Council on 19th February 2014. It is made available on the Council’s website and contains links to appropriate associated documents.

1 Scope of this Pay Policy Statement 2014/15

1.1 Included in this Pay Policy Statement 2014/15 (“this Statement”) are the Council’s pay and reward policies for 2014/2015 that are designed:-

 to enable the Council, as an employer, to retain competitiveness in the market place, and

 to maintain affordability of employment costs.

1.2 The policies referred to in this Statement are relevant to Council employees generally; however the scope of this Statement does not include the pay policies relating to teachers who are covered by the Teachers Pay and Terms and Conditions of Employment in England and Wales. Youth Workers, Soulbury employees and employees on National Health Service (“NHS”) Terms and Conditions of Employment are paid according to pay rates that are set nationally. In the interests of transparency, these are detailed at section 5.1.

1.3 The Council’s Administration and Regulation Committee determines the Terms and Conditions of Employment for all staff within the scope of this Statement, including the application of any discretion available under the Local Government Pension Scheme (“LGPS”). It will act as the “Remuneration Committee” for the purposes of the Localism Act 2011. The Head of HR and Monitoring Officer has delegated powers to implement actions that affect Terms and Conditions of Employment that have first been agreed through the Council’s Administration and Regulation Committee.

2 Definitions

2.1 For the purposes of this Statement “Chief Officers” form the senior management structure of the Council. Within the Council, this comprises a Chief Executive, Directors, and Heads of Service.

2.2 The Council’s pay scale values for pay grades that are not “Chief Officer” fall within pay grades Scale L1a to L7 and M1 to M8. The Council applies the annual pay award agreed by the National Joint Council for Local Government Services.

2.3 The “lowest paid employees” within the Council are those posts that fall within the L1a pay grade. Please see section 5.3.

2.4 Employees at the Council on Soulbury terms and conditions includes educational improvement professionals; educational psychologists; and youth and community services officers.

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2.5 There are a number of Joint Negotiating Committees referred to in this document. They provide national agreements on pay and conditions of service for particular groups of employees. They have representatives for the employers’ side usually made up of representatives from the Local Government Employers Association and representatives for the staff side with representatives from the appropriate trade unions. Any changes made by these negotiating bodies are notified to the Council as appropriate. Bodies that negotiate pay, and terms and conditions and the employee groups effected are as follows:-

Negotiating Body Employee Groups Effected

Soulbury Committee Educational improvement professionals; educational psychologists; and youth and community services officers

Joint Negotiating Committee for Youth and community workers Youth and Community Workers

NHS Staff Council Nurses, health professionals, health practitioners and those in supporting roles including public health National Joint Council (NJC) for Pay grades Scale L1a to L7 and M1 to M8 Local Government Services

Joint Negotiating Committee for Heads of Service, Chief Officers and Chief Chief Executives and Chief Executives Officers of Local Authorities

3 Pay Determination

3.1 Pay levels for all employees (except Teachers and those on Soulbury, Youth Worker rates and NHS “Agenda for Change” Rates) are determined by:-

 the Hay job evaluation scheme (for pay grades L1a – M8), or

 the Inbucon evaluation scheme (for Directors and Heads of Service).

The two evaluation schemes used are substantial schemes used nationally and internationally. Both schemes establish the relative “size” of jobs within the Council. An evaluation is the assessment of each job against a number of established factors and this results in an overall job evaluation score, which is used to rank jobs within the Council. The overall job evaluation score for a job is used to allocate that job to the appropriate pay grade of the Council's pay grade structure.

No evaluation process exists for Soulbury or Youth and Community posts, but employees are placed on nationally defined grading structures.

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The Council is a member of the Local Government Employers Association for National Collective Bargaining in respect of Chief Executives, Chief Officers and other employees. Pay negotiation is an annual process, a pay claim is submitted by the trade unions and considered by the Local Government Employers Association (following consultation with local authorities).

3.3 Appointment The point at which an individual will be appointed to within the pay grade will normally be the minimum of the scale. However appointment may be at a higher point within the scale where necessary.

3.4 Progression within a Pay Grade Each pay grade contains a number of pay points called “Spinal Column Points” (SCPs). Employees are eligible to receive an annual increase within their pay grade until they reach the top. Once the employee reaches the maximum Spinal Column Point (SCP) of the pay grade for the role there is no further increase unless a nationally negotiated pay award is given. Increases may be withheld from an individual as a consequence of disciplinary action. New starters must complete a 9 month probationary period before receiving an increase.

3.5 Progression Schemes Some posts are subject to a progression scheme that span more than one pay grade. Movement from one pay grade to another is subject to the employee meeting specific laid down criteria.

3.6 Market Supplement Market supplements may be agreed when it can be shown that the salary attached to the grade for “hard to fill” posts is significantly lower than those offered elsewhere and that this is having an adverse impact on the ability to recruit and retain staff A “hard to fill” post is one where there has been proven recruitment and/or retention difficulties and/or there are known significant national shortages. The value of any market supplement is determined by a comparison of the remuneration for an LBC post against relevant market rates for similar posts and is subject to annual review.

3.7 Payment for Extra Duties (Honoraria) There will be occasions where, due to the service needs, employees will temporarily be required to undertake additional work or perform the work of a higher pay grade. Payment for these extra duties will normally be based on the difference in pay between their substantive post and that of the role being temporarily undertaken.

3.8 Car Benefit The Council pays an allowance to employees that are graded M3 and above. Mileage is paid at a reduced local rate.

Pay Grade Car Benefit Amount

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M3 to M8 £3,203 Heads of Service £3,990 Corporate Directors £4,515 Chief Executive £5,618

3.9 Other car allowances The Council pays Essential and Casual Car User allowances in appropriate circumstances. The lump sum rate for Essential Car User Allowance is £963 per annum. These allowances are in accordance with the middle band of National Joint Council Local Government Service Rates. There are local rates in force for individuals who use their motorcycles or bicycles on official business. All allowances are kept under review and changes or additional policies are approved by the Council’s Administration and Regulation Committee.

3.10 Other allowances The Council pays a range of additional allowances where employees are required to work unsocial hours or where they incur specific expenditure as required by their job (e.g. the purchase of tools and equipment).

3.11 Performance Pay The Council does not operate a performance pay scheme outside the pay grading structure that determines basic pay and therefore there are no performance or bonus payments paid to employees of the Council.

4 Remuneration of Chief Officers

4.1 Chief Executive The annual Full Time Equivalent pay range for the pay grade of Chief Executive (as set out by the Joint Negotiating Committee for Chief Executives of Local Authorities) is:-

Pay Grade Min Max Increments Car Total Benefit Chief £164,382 £179,382 4 (SCP 12 £5,618 £170,000 to Executive to 15) £185,000

As at 31st March 2014, actual pay for the Council’s Chief Executive is £164,382 + £5,618 car benefit totalling £170,000. The pay ceiling is £179,382 + £5,618 totalling £185,000.

The value of the Chief Executive’s pay will be increased by the pay awards notified from time to time by the Joint Negotiating Committee for Chief Executives of Local Authorities. The Chief Executive’s remuneration for Returning Officer duties in respect of local elections is consolidated into pay. In respect of national elections, including parliamentary, European and referenda, additional fees are paid. The value of these fees will be set by the respective national body in the year to which they apply and will vary with the type of national election.

4.2 Corporate Directors Corporate Directors report to the Chief Executive.

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Pay Min Max Increments Car Benefit Total Grade Director £111,810 £122,607 5 £4,515 £116,325 to £127,122

Pay ceiling is £122,607 plus £4,515 totalling £127,122 as at 31st March 2014.

The value of a Director’s pay will be increased by the pay awards notified from time to time by the Joint Negotiating Committee for Chief Executives and Chief Officers of Local Authorities.

The Director posts within the Council are:-

Director of Commercial and Transformation Services, Director of Housing and Community Living, Director of Children and Learning, and Director of Environment and Regeneration.

4.3 Director of Public Health Since 1st April 2013 local authorities have been responsible for taking the lead for improving the health of their local communities. As a result of the transfer of public health responsibilities to the local authority there is a Director of Public Health that reports to the Chief Executive. These responsibilities are funded by a ring-fenced budget. The appointment of a suitably qualified Director of Public Health will in future be made with Public Health England.

The Director of Public Health is paid based on the Department of Health Pay Framework for Very Senior Managers in Strategic and Special Health Authorities, Primary Care Trusts and Ambulance Trusts. The pay for a Band 2 Primary Care Trust Director of Public Health is £82,296.

4.4 Heads of Service The Heads of Service report to the Corporate Directors except for the Head of Policy and Performance who reports to the Chief Executive.

Pay Min Max Increments Car Retention & Total Grade Benefit Recruitment Head of £65,604 £72,162 5 £3,990 £6,300 £75,894 to Service £82,452

Pay ceiling is £82,452. The value of Head of Service pay will be increased by the pay awards notified from time to time by the Joint Negotiating Committee for Chief Officers of Local Authorities.

4.5 Senior Managers The Deputy Director of Public Health, Consultant in Public Health, the Assistant Director of Public Health, , and, the Head of Luton Drug and Alcohol Partnership report to the Director of Public Health who reports to the Chief Executive.

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Pay Grade Min Max Increments NHS Band 8c £54,998 £67,805 6 NHS Band 8d £65,922 £81,618 6

Pay ceiling is £81,618. The value of the NHS Band 8 Managers pay will be increased by the pay awards notified from time to time by the NHS Staff Council.

4.6 The Council’s Monitoring Officer role falls within the remit of the post of Head of HR and Monitoring Officer, the pay range for which is the same as for Heads of Service described above. Likewise, the ‘Section 151’ duties fall within the Head of Service role of the Head of Finance and are within the pay range described for Heads of Service.

Heads of Service posts within the Council are:-

Head of Policy and Performance, Head of Finance, Head of HR and Monitoring Officer, Head of Procurement and Shared Services, Head of Revenues, Benefits and Customer Services, Head of Fixed Assets, Head of Adult Social Care, Head of Community Living, Head of Housing, Head of Prevention and Early Intervention, Head of Specialist Family Support, Head of Support, Challenge and Intervention, Head of Planning and Transport, Head of Business and Consumer Services, and Head of Engineering and Street Services.

5 Remuneration of Other Employees

5.1 Soulbury, Youth Workers and workers who are on NHS Terms and Conditions of Employment are paid according to the nationally agreed rates as determined by the Soulbury Committee, the Joint Negotiating Committee for Youth and Community Workers and the NHS Staff Council and NHS Employers. The Council cannot influence these pay rates that are as follows:-

 2013 Soulbury pay range (current) is SCP 1 £32,677 – SCP 50 £86,488,

 2009 Youth Workers pay range (current) is Pay point 1 £14,143 – Pay point 30 £36,377, and

 2013 NHS “Agenda for Change” pay range (current) is Pay point 1 £14,294 – Pay point 54 £98,453.

5.2 For employees subject to the ‘National Agreement on Pay and Conditions of Service of the National Joint Council for Local Government Services’ (commonly known as the ‘Green Book’), the Council uses a pay range that commences at

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national SCP 5 and ends at SCP 65. This pay range is divided into 16 pay grades, which each contain four or five pay points. Within the Council, L1a is the lowest and M8 is the highest of these pay grades. Posts are allocated to a pay grade through a process of job evaluation.

Pay Grade Min £ Max £ Increments Car Benefit L1a 12,435 12,915 3 L1b 13,321 14,880 4 L2 15,189 16,215 4 L3 16,604 17,980 4 L4 18,638 20,400 4 L5 21,067 23,188 4 L6 23,945 26,539 4 L7 26,539 28,922 4 M1 28,922 31,160 4 M2 32,072 34,894 4 M3 35,784 38,442 4 3,203 M4 38,442 41,148 4 3,203 M5 41,148 43,791 4 3,203 M6 46,758 49,440 4 3,203 M7 49,440 52,124 4 3,203 M8 54,128 60,141 5 3,203

5.3 Pay Floor - Lowest Paid For the purpose of this Statement, employees on L1a are defined as the Council’s lowest-paid employees. This is because no employee of the Council is paid at a SCP that is lower than a point contained in L1a. This pay grade is made up of 3 increments ranging from national SCP 5 to national SCP 7. At 31st March 2014 the Full Time Equivalent annual values of these two SCPs are £12,435 to £12,915. The values of the SCPs in these pay grades are increased by the pay awards notified from time to time by the National Joint Council for Local Government Services.

5.4 Remunerative Relationships The statutory guidance under the Localism Act recommends the use of pay multiples as a means of measuring the relationship between pay rates across the workforce and that of senior managers, as included within the Hutton ‘Review of Fair Pay in the Public Sector’ (2010). The Hutton report was asked by Government to explore the case for a fixed limit on dispersion of pay through a requirement that no public sector manager can earn more than 20 times the lowest paid person in the organisation.

The Government’s Code of Recommended Practice on Data Transparency recommends the publication of the ratio between highest paid salary and the median salary of the whole of the authority’s workforce. The Council does not set a ratio ceiling within its pay policy for senior officers.

The current pay levels within the Council define the multiple between the lowest paid (FTE) employee (£12,435) and the Chief Executive (£164,382) as 13.2:1. Page 10/28910 of 323

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The multiple between the median full time equivalent earnings (£20,400) and the Chief Executive salary is 8.1:1.

6 Termination of Employment (Severance)

6.1 Local Government Pension Scheme Membership of a pension scheme is determined by the relevant conditions of service and is subject to the rules of the specific scheme. The Council operates the Local Government Pension Scheme (LGPS) for most employees and the Teachers Pension Scheme (TPS) for employees that are teachers or exceptionally in related professions and the NHS Pension Scheme for those on NHS Terms and Conditions. For members of the LGPS made redundant on their 55th birthday or later, early access can be gained to their pensionable benefits based on service and salary. Although the LGPS provides for the exercise of discretion that allow for retirement benefits to be enhanced, the Council has a policy of not enhancing pension benefits. The LGPS can also be accessed before normal retirement date for employees who are unable to continue with employment on the grounds of their ill health and who satisfy the conditions for ill- health retirement.

6.2 Redundancy Payments Where an employee is made redundant, severance benefits may be payable subject to the conditions and terms of the redundancy. Where a redundancy payment is made, they are calculated on the basis of 1.5 weeks gross pay for every complete year of service up to a maximum of 104 weeks. This calculation applies equally across all pay grades.

6.3 Re-engagement of Former Employees The Council’s policy is that there is no general restriction on any future re- employment of an employee who has been made redundant or who is in receipt of a Local Government or other public sector pension. In fact, to adopt policies to the contrary could be subject to challenge under equalities legislation. However, re-employment must be on merit and should be unconnected with the redundancy, except where alternative employment is found and pension and redundancy payments are returned in accordance with the relevant legislation. The Council does not approve of redundancy or early retirement, and immediate re- employment of staff either as direct employees, via an agency, or on a consultancy basis. If there are any exceptional circumstances that might appear to justify such arrangements, these must be agreed with the appropriate Corporate Director, the Head of Finance and the Head and HR and Monitoring Officer.

7 Fairness in pay

7.1 The Council recognises the importance of fairness in pay. Pay and reward policies are applied equally to all employees, except where there are good reasons reflecting genuine factors which apply only to certain employee categories. The following apply:-

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APPENDIX

 the Council’s Administration and Regulation Committee is responsible for setting the Terms and Conditions of Employment of all employees within the scope of this Statement, and

 the workforce and trades unions are consulted on all employment matters, including pay and reward.

8 Publication of and access to information relating to pay

8.1 The Council publishes information about pay in accordance with statutory requirements, and the guidance of the Information Commissioner's Office and the Department of Communities and Local Government. Information is published on the Council's website in the Council’s annual accounts. A list of posts earning over £50,000 is published annually each April on the Council’s website.

9 Review

9.1 The Council will continue to review all pay levels to ensure fairness and equity. Any changes will be reflected in an updated pay policy. The statement for 2015/16 will be submitted to Full Council for approval by 31st March 2015.

Page 10/29112 of 323

AGENDA ITEM 10

COMMITTEE: Administration and Regulation Committee

DATE: 20th January 2014

SUBJECT: Pay Policy

REPORT BY: Head of HR and Monitoring Officer

CONTACT OFFICER: Karen Ilett Ext 8294

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES  ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED:

PURPOSE

1. This report seeks to remind the Committee of the Council’s obligations under the terms of the Localism Act 2011, to produce and publish a Pay Policy Statement by the 31st March each year. Administration and Regulation Committee is asked to consider and agree to recommend the attached Pay Policy Statement 2014/2015 for consideration and approval by the Full Council.

RECOMMENDATION(S)

(i) To be aware of the statutory responsibilities under the Localism Act to produce and publish a Pay Policy Statement annually by 31st March,

(ii) to agree the Pay Policy Statement 2014 / 2015 and

(iii) recommend the Pay Policy to Full Council on 19th February 2014.

Page 292 of 323 10/1

BACKGROUND

4. The Localism Act 2011, was intended to shift power from central government back into the hands of individuals, communities and Councils. A major component of this is the requirement for local authorities to be transparent and fair in their remuneration policy. The Act requires all authorities to prepare and agree a pay policy statement that articulates the authority’s own policies towards a range of issues relating to the pay of its workforce.

REPORT

Pay Policy Statement

5. Guidance issued in relation to the Localism Act 2011 requires that all Councils produce a Pay Policy Statement, agree it at their Full Council and publish on or before 31st March. These statements must articulate an authority’s own policies towards a range of issues relating to the pay of its workforce, specifically:-  remuneration of its Chief Officers  remuneration of its lowest paid employees and  the relationship between the remuneration of its Chief Officers and the remuneration of those employees who are not Chief Officers.

6. The Pay Policy Statement identifies how pay is determined and defined for Luton Borough Council employees and includes-  the pay ranges for Chief Officers and other employee categories, and  remunerative relationships between Chief Officers and the lowest paid in the authority.

7. The Statement has been reviewed and updated in response to the requirements of the Act and is informed by published guidance by the Department for Communities and Local Government.

8. Members may like to note that the 2014/ 2015 Pay Policy Statement includes two new sections 5.4 and 6.3.

9. Section 5.4 includes the Remunerative Relationships between the Chief Executives salary and; the lowest paid and the median full time salary. Both of these ratios are well below the 20:1 limit set by the Hutton ‘Review of Fair Pay in the Public Sector’ (2010) and are consistent with other local authorities.

10. Section 6.3. sets out the Councils position in relation to the re-engagement of former employees.

11. The Statement has also been amended to reflect the Councils position on the Market Supplement procedure agreed by Administration Committee on 3rd April 2013. Page 293 of 323 10/2

OPTION

Pay Policy Statement

Administration and Regulation Committee may;-

1. agree the attached Pay Policy Statement or 2. refuse to agree the Pay Policy Statement

LEGAL IMPLICATIONS

12. The Council must by law produce a Pay Policy Statement each year and publish it on the Council’s internet site. Save for this there are no legal implications to this report. This report has been agreed with John Newman Solicitor in Legal Services on the 23rd December 2013.

HR IMPLICATIONS

13. The Localism Act and its requirements will inform remuneration policy which in turn may impact on employees. Specifically, pay determination for Chief Officers and the relationship with the pay of the lowest paid. This report and its implications has been agreed with Angela Claridge, Head of HR and Monitoring Officer on the 20th December 2013.

FINANCIAL IMPLICATIONS

14. None specifically at the present, however, there is a potential financial impact if remuneration policy changes. This has been agreed by Dave Kempson, Head of Finance on the 20th December 2013.

EQUALITIES IMPLICATIONS

15. There are no equality implications in relation to this report. Luton Borough Council recognises the importance of fairness in pay. Pay and reward policies are applied equally to all employees, except where there are good reasons reflecting genuine factors which apply only to certain employee categories. The Council will ensure that its pay policy is fair and equitable and supports equal pay principles.

APPENDIX A

Pay Policy Statement 2014/ 15

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

None Page 294 of 323 10/3

AGENDA ITEM:

6.1 COUNCIL

DATE: 19th FEBRUARY 2014

SUBJECT: MEMBERS’ ALLOWANCES

REPORT BY: CHIEF EXECUTIVE (HEAD OF POLICY AND PERFORMANCE)

CONTACT OFFICER: NICOLA PERRY 01582 546073

IMPLICATIONS:

LEGAL  COMMUNITY SAFETY

EQUALITIES  ENVIRONMENT

FINANCIAL  CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED: ALL

PURPOSE

1. The purpose of this report is to enable the Council to consider the Report of the Independent Panel on Members’ Allowances and to approve a Scheme of Members’ Allowances (the Scheme) under the Local Authorities (Members Allowances) (England) Regulations 2003 and the Local Authorities (Members Allowances) (England) (Amendment) Regulations 2003 (the Regulations).

RECOMMENDATION(S)

2. That the Council receive the report of the Independent Remuneration Panel and adopt the proposed Scheme of Members’ Allowances, as set out in the report, under the Local Authorities (Members Allowances) (England) Regulations and the Local Authorities (Members Allowances) (England) (Amendment) Regulations 2003 with effect from 1st April, 2014.

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REPORT

3. The Regulations referred to above make provision for local authorities to:-

(a) Prepare schemes for the payment of allowances to their Members which must include a basic allowance and may include payments for Special Responsibility Allowance, dependent carers’ allowance, travelling and subsistence allowance and co-optees’ allowance.

(b) Administer and publicise any scheme of allowances.

(c) Establish an Independent Panel to make recommendations on allowances.

4. The Council are required to adopt a Scheme to come into force on 1st April, 2014.

5. In addition, the Regulations make provision concerning Members’ entitlement to pensions in accordance with a scheme made under Section 7 of the Superannuation Act 1972 and concerning which allowances may be treated as amounts in respect of which pensions are payable and the Council has already accepted the decision of the Independent Remuneration Panel not to make Members of the Council eligible for membership of the Local Government Pension Scheme.

LEGAL IMPLICATIONS

6. The legal implications for the Council are as set at out in paragraphs 3 and 4 above.

EQUALITIES IMPLICATIONS

7. The intention of the Regulations in requiring the establishment of an Independent Remuneration Panel on Members’ Allowances by each Local Authority included the desire to extend the opportunity to become a Councillor to as wide an audience as possible, through the development of local remuneration schemes.

8. The Independent Remuneration Panel has consistently held this intention as one of the principles under which they have made their recommendations.

FINANCIAL IMPLICATIONS

9. Budget savings would be achieved if the recommendation of the Panel is accepted.

Page 296 of 323 81

APPENDIX

10. Appendix 1: Report of the Independent Panel on Members’ Allowances – February 2014.

BACKGROUND PAPERS

11. Local Authorities (Members Allowances) (England) Regulations 2003

12. Local Authorities (Members Allowances) (England) (Amendment) Regulations 2003.

Page 297 of 323 82

REPORT 2014

LUTON BOROUGH COUNCIL – REPORT BY THE INDEPENDENT REMUNERATION PANEL (IRP) ON COUNCILLORS ALLOWANCES AND EXPENSES

1. PURPOSE OF REPORT

To submit the recommendations for 2014 - 15 of the Independent Remuneration Panel for consideration by the Council.

2. BACKGROUND

2.1 Local Authorities are required, by law, to make a scheme of allowances for their elected Councillors, and to establish and maintain an independent panel to make recommendations about the scheme, including amounts to be paid.

2.2 The functions of the Panel are described more fully in Regulation 21 of the Local Authorities (Members’ Allowances) (England) Regulations, 2003.

2.3 Luton Borough Council’s current Independent Remuneration Panel (IRP) consists of 6 people drawn from the local community (for details see Appendix A) appointed by the Chief Executive, who meet to review and discuss the allowances which should be paid to Councillors, and make recommendations. .

2.4 The duties of the IRP include reviewing, and making recommendations about:

* the level of Basic Allowance paid to elected members of the Council; * the Special Responsibility Allowances paid to those Councillors with extra responsibilities; * allowances for childcare and dependents’ care; * allowances for travel and subsistence ; and * allowances paid to co-opted (ie. non-elected) members.

The terms of reference of the Panel are attached at Appendix B.

2.5 The recommendations the Panel submitted to the Council in February 2013 were only partially accepted. In particular a recommendation for a small reduction in the basic allowance for councillors was rejected.

2.6 As part of our most recent programme of work, the Panel has conducted interviews with the Leader of the Council and the Head of Human Resources and Monitoring Officer. We also met with the Member Development Strategic Steering Group (MDSSG). Members of the Panel have continued to attend Overview and Scrutiny, Executive, Finance Review Group and other Council meetings in order to familiarize themselves with the more formal parts of the councillor role and will continue to do so in the future. Page 298 of 323 83

Panel members attended meetings as members of the public and were aware that with the absence of committee papers it was very difficult to follow proceedings. Additionally some items of significant importance appear to have been decided on the basis of oral reports.

2.7 One meeting has been held with the Leader of the Council to hear her views on the Councils decision not to fully support the Panel’s recommendations for 2013.

2.8 Additionally the Panel has had access to reports and material from the remuneration panels of other local authorities e.g. Birmingham City, Stevenage Borough, Central Bedfordshire and Bedford Borough: information from the Council on the Executive and Scrutiny functions of Luton Borough Council; labour market data; and information made available by the Taxpayers’ Alliance (TA) on the levels of allowances paid to Councillors in local authorities across the UK (See Appendix C).

2.9 The costs incurred in respect of expenses paid to Panel members attending meetings of the IRP during 2013 amounted to £2,500.

3. GUIDING PRINCIPLES

In arriving, unanimously, at the conclusions and recommendations in this report, the Panel has worked within the requirements of the appropriate legislation and the accompanying guidance and regulations on members’ allowances. The key factors which the Panel has sought to take into account are:

3.1 The promotion of a healthy democracy by the removal of financial disadvantages as a barrier to people standing for election or serving as Councillors.

3.2 The maintenance of an ethic of voluntary public service and the need to reflect this within the Basic Allowance (BA) paid to all Councillors and the special responsibility allowance paid to co-opted (non-elected) members.

3.3 Councillors should not expect, nor should they receive, a full-time salary.

3.4 The reality is that some Councillors will be expected to take on significant additional responsibilities that will require more of their time, possibly to the detriment or limitation of other career activities. Special Responsibility Allowances (SRA) are therefore paid to those members of the Council who have significantly higher responsibilities over and above the generally accepted duties of a Councillor.

3.5 The Panel takes the view that allowances should be set at a level that enables people to undertake the role of Councillor, while not acting as an incentive to do so. We do not believe that allowances are a strong influence upon most Councillors to seek election to the role, although we recognise that they might be instrumental in making it possible for some people to take on the role. There should be no financial incentives to being a Councillor, but equally there should not be a financial disincentive. Councillors’ allowances Page 299 of 323 84 may be useful in enabling a wider and more diverse body of citizens to offer, through election, to serve their local community.

4. THE ROLE OF COUNCILLORS

4.1 The Panel is not only concerned with formulating recommendations about the remuneration of councillors but is also interested in what the public gets in return for its investment. It is, therefore generally supportive of developments which will enable councillors to more effectively serve their constituents and the town of Luton.

4.2 One of the ways that the council has tried to assist councillors to improve their performance is by developing a formal description of the role of councillors. The role description should be used by Councillors as the basis for reporting annually on their activities on behalf of their electorates. The Panel welcomes the increase in the number of annual reports produced by councillors, which has now increased to twenty and are available for inspection on the Council’s website: http://democracy.luton.gov.uk/cmis5public/Documents/PublicDocuments.aspx

4.3 The role description for councillors also has a potentially valuable part to play in allowing councillors to assess their expertise against what is needed to operate effectively as a Councillor. The Panel have noted that political parties are providing mentoring by senior Councillors to their junior colleagues; and we welcome this.

4.4 We are aware that a number of local authorities have set up appraisal systems for Councillors. The Panel commends the aims of this initiative for consideration now that there is a formal role description for councillors while recognising the difficult practical issues such as who will undertake the appraisal? The Panel notes that this will form part of the process which will look at councillors learning and development requirements both pre and post the 2015 local elections.

4.5 The Council also offers some training and development opportunities for all Councillors but the take up of these opportunities is currently patchy. The Panel notes that work is taking place to try and address this issue.

4.6 We welcome the Council’s commitment to promote best practice in this area through establishing a Member Development Strategic Steering Group and achieving the Local Government Association’s (LGA) Member Charter standard. The Panel congratulate both members and officers on the excellent achievement. The Panel also recognises the councils’ achievement in being shortlisted for the Local Government Chronicles most improved council award and awaits the outcome.

4.7 Members of the Panel have attended a number of Ward and Area Board meetings and recognise that this structure has the potential to facilitate more involvement of residents in Council business and to strengthen the relationship between councillors and their constituents. A copy of the form used by Panel members to record their views is attached at Appendix D. Page 300 of 323 85

4.8 Whilst the Panel accept that most Councillors are diligent and conscientious in their duties the only statutory requirement on a Councillor is to attend a Council meeting every six months. It is by no means clear to the Panel which meetings beyond official council meetings are attended by individual Councillors. We therefore have no accurate or comprehensive picture of which Councillors have attended meetings such as school governing bodies, charitable organisations and any other bodies. However it would certainly help if the current legislation which requires Councillors to attend only one official council business meeting every six months were to be revised.

4.9 Recognising that the Council can only revoke allowances after an absence of six months from Council duties, we take the view that, where a member is unable, without reasonable cause, to discharge his/her duties as a Councillor, then he/she should relinquish the Basic Allowance.

4.10 We recognise that the delivery of better performance by Councillors will require the provision of scarce resources by the Council at a time of cutbacks. In particular, we believe that effective support arrangements should continue to be available to assist Councillors in their roles, and to maximise the value of the time that Councillors with work and family commitments have available.

5. DEVELOPING A SCHEME OF ALLOWANCES FOR 2014 – 2015

5.1 We are acutely aware of the current financial crisis facing the Council – and the wider community – and the programme of significant cuts to council jobs and services upon which the Council is embarked. The Panel believes that the Luton community would welcome elected members demonstrating recognition of current economic difficulties by choosing to take a small, but symbolic, reduction in their remuneration.

5.2 The Basic Allowance (BA) is the flat-rate allowance payable to all members, and is intended to recognise the time commitment of all Councillors, including such inevitable calls on their time as meetings with officers and constituents, attendance at political group meetings, and at meetings where Councillors carry out their formal governance responsibilities.

5.3 Since 2001, the Panel and its predecessors have used a formula to calculate the BA, based on the time assessed as being spent by Councillors on their official tasks, linked to Luton’s average earnings. The formula may be represented:

BA = Luton average hourly earnings x 20 x 52 x 50%

(where 20 is the average number of hours spent per week on Council business, and 50% is the estimated element which is non-political).

5.4 This formula, which was introduced after extensive consultation, including Councillors and Council officers, has been used since 2003. When reviewing and recommending periodic changes in the rate of BA the Panel has not considered any proposals to suggest an alternative calculation would be more appropriate. We therefore believe that the formula should continue to be used Page 301 of 323 86 as the basis for calculating the rate of BA. The alternative of tying the BA to an inflation index would be likely to cause a continuous rise in allowances in foreseeable economic circumstances and at a time when Council income will probably be reducing.

5.5 However, we are aware that in 2009 there was a conscientious decision to increase the BA inline with inflation. This has led to a situation where the BA is currently set at £7,500 per year and is significantly out of step with what would be payable had the formula-based calculations been maintained. It should be recorded that information on allowances paid to councillors in other councils show that our councillors are among those receiving the lowest allowances.

5.6 The Office for National Statistics provides two figures for 2013 for the median hourly pay rate for Luton’s full-time male and female workers (£13.39 and £11.09). These hourly rates have been averaged to £12.50 and applying it to the current formula, produces a revised BA of £6,500, a figure rather lower than the somewhat arbitrary figure of £7,500 currently being paid.

5.7 Notwithstanding the Councils decision to reject this proposal in February 2013 and a subsequent meeting with the Leader of the Council, the Panel remains of the view that a BA of £7,000 would be both fair and reasonable for Councillors in present circumstances; and we recommend to Council the adoption of this new figure, recognising that a recommended rate of £7,000 is still higher than that which would result from a strict adherence to the traditional formula.

5.8 Luton and its people are suffering from one of the most serious economic recessions of recent times, and the Council is embarking on an unprecedented programme of cuts to services and jobs. It is entirely appropriate for the town’s Councillors to share in Luton’s current troubles, and to tighten their collective belts. The panel welcomes the decision by four councillors to voluntarily accept a reduced rate of basic allowance for 2013 - 2014 and would encourage others to follow this example.

5.9 Special Responsibility Allowances (SRA) are paid, as a proportion of BA, to those members who have significant additional responsibilities such as:  strategic planning and decision- making,  formal governance roles, chairs of committees, and (in some cases) quasi-judicial responsibilities over and above the generally accepted duties of a Councillor.

5.10 The Panel has reviewed the level of SRA in the light of the recommended rate of BA, and the results are shown in the table below, which sets out, in financial terms and as a proportion of the BA, our recommendations to Council.

Page 302 of 323 87

The recommended scheme of allowances for 2014 - 2015

A basic allowance for all Members of £7,000 per annum the Council Special responsibility allowances per annum for the following posts in addition to the basic allowances : The Executive Leader Twice the Basic Allowance (£14,000)

Executive Members with Three quarters of the Basic  Portfolio, including the Deputy Allowance (£5,250)  Leader

 Chairs of the following  Committees:  Scrutiny Board } One third of the Basic Allowance  Development Control } (£2,333)

Chairs of the following  Committees/Groups: Administration } Audit & Governance } All Area Boards } Regulation Committee } One sixth of the Basic Allowance Community Improvement Board } (£1,166) Scrutiny Health and Social Care } Scrutiny Finance Review }

 Leader of the Major Opposition One third of the Basic Allowance  Group (£2,333)

Co-Optee’s Allowances :

 Statutory co-opted members One sixth of the Basic Allowance  (unless Chair of Standards (£1,166)  Committee

 Statutory co-opted members One third of the Basic Allowance  (where Chair of Standards (£2,333)  Committee)

5.11 Other allowances 5.11.1 The Panel recommends that the rate of Dependent Carer’s/Childcare Allowance, paid to reimburse the cost of actual and necessary expenses, should remain at the rate of £7 per hour, payment to be made upon provision of receipts. This is up to a maximum payment of £20.00 per hour to be paid Page 303 of 323 88 only with the prior approval of the Head of Policy and Performance. The allowance should not be payable to members of a Councillors family or household. (In exceptional cases where a Councillor’s care responsibilities are higher, and increased costs are incurred an application should be made in writing to the Chief Executive and considered on its merits prior to the expenditure being incurred).

5.11.2 The Panel further recommends that the Council should continue to re- imburse the costs of travel expenses actually and necessarily incurred by Councillors and co-opted members in connection with their duties, at a rate of 52.2p per mile (Casual User rate), this rate being in line with that paid to officers of the Council.

6. THE WORK OF THE PANEL IN 2014 -15

The work of the Panel for 2014/15 will include:

i) continuing to review allowances ii) monitoring any changes in roles of Councillors when considering SRA’s iii) monitoring the development of annual reports by Councillors iv) continuing interviews with Councillors and officers v) continuing to attend a variety of council meetings vi) to continue the recruitment of new members of the panel vii) to monitor the number of meetings that Councillors attend. viii) to consider if Panel members standing for Council elections can continue to serve on the Panel.

February 2014 (FINAL)

Appendices

Details of Panel personnel -Appendix A

Panel Terms of Reference - Appendix B

Taxpayers Alliance Comparison Allowances- Appendix C

Meeting observation report form - Appendix D

Page 304 of 323 89

Page 305 of 323 90

APPENDIX A

INDEPENDENT REMUNERATION PANEL

MEMBERS: Josephine Maclean (Chair) - attended 11 meetings Ben Bennett – attended 6 meetings Carmelita Charles - attended 6 meetings Dennis Dearnley – attended 9 meetings Abdul Malik – attended 10 meetings Alicia N’Guetta - attended 5 meetings

(NB – The number of meetings includes those attended for observation purposes).

THE IRP CONDUCTED INTERVIEWS WITH THE FOLLOWING DURING 2012

COUNCILLORS:

Hazel Simmons – Leader of the Council

OFFICERS:

Angela Claridge -The Head of HR and Monitoring Officer

Page 30690 of 323

APPENDIX B

Extract of the Notes of the Meeting of the Independent Panel on Remuneration

13th September 2011 at 5.00pm

(4 ) CONSTITUTION OF THE PANEL (REF 3)

Consideration was given to a number of issues and

It was agreed that:

(i) The terms of reference of the Panel be as follows:

“The role of the Independent Remuneration Panel is to consider and keep under review certain key aspects of the Allowances Scheme and, as and when appropriate, to submit reports to the Council.“

(ii) The quorum for a meeting of the Panel be three members

(iii) That a timetable of matters needing consideration be reported to the next meeting of the Panel.

(iv) That consideration of whether members of the Panel who stand for election as perspective Councillors, be deferred until a later date.

Page 30791 of 323

Appendix D

LBC : Independent Remuneration Panel

Observation of a LBC meeting : Report form

Title of meeting

Date and time of meeting

Location

Agenda item Observations

What went well ?

What could be improved ? How ?

Observer

Page 308 of 323 104

Research Note 1161 | 29 August 2012

Councillors’ Allowances

While many councillors receive modest allowances entirely appropriate for a role representing their local community, in some local authorities rising pay and pensions suggest councillors are increasingly being treated as professional politicians. Earlier TaxPayers’ Alliance research revealed that there are 4,529 councillors enrolled on Local Government Pension Schemes.2 This latest research reveals huge disparities in the basic allowance paid by councils across the country.

All councillors in the UK are entitled to a basic allowance. In addition, those with cabinet positions are entitled to receive a special responsibility allowance. All councillors are able to claim for mileage and subsistence on top of this.

The key findings of this research are:

. The councils paying the highest basic allowance (by type of authority) are: - English County Council: Nottinghamshire - £12,906 - English Unitary Authority: Durham - £13,300 - English Metropolitan District: Birmingham - £16,267 - English Non-Metropolitan District: Bolsover - £9,902 - London Borough: Croydon - £11,239 - Welsh Council: Seven councils pay £13,868, namely Bridgend, Carmarthenshire, Conwy, Monmouthshire, Rhondda Cynon Taff, Torfaen, and Vale of Glamorgan - Scottish Council: Scottish Borders - £16,932

. The councils paying the lowest basic allowance (by type of authority) are: - English County Council: Northamptonshire - £7,086 - English Unitary Authority: Rutland - £3,860 - English Metropolitan District: Trafford - £6,352 - English Non-Metropolitan District: South Ribble - £1,500 - London Borough: Kingston - £7,528 - Welsh Council: Cardiff - £11,342 - Scottish Council: Clackmannanshire - £16,100

1 Financial support for this research paper was provided by the Politics and Economics Research Trust (charity number 1121849). Any views expressed in this paper are those of the authors and not those of the research trust or of its trustees. Page 309 of 323 2 Daniel, C. Public Sector Pensions 2, the TaxPayers’ Alliance. January 2012

55 Tufton Street, London, SW1P 3QL . www.taxpayersalliance.com . 0845 330 9554 (office hours) . 07795 084 113 (24 hours) 1

. The five biggest percentage increases in the basic allowance between 2010-11 and 2011-12 were:

- Boston Borough Council: £2,378 to £3,052 - a 28 per cent increase - Mid Devon District Council: £3,654 to £4,500 - a 23 per cent increase - Slough Borough Council: £5,973 to £7,100 - a 19 per cent increase - North Hertfordshire District Council: £3,798 to £4,500 - a 18 per cent increase - Tunbridge Wells Borough Council: £4,730 to £5,279 - a 12 per cent increase

. The five biggest percentage decreases in the basic allowance between 2010-11 and 2011-12 were:

- Tewkesbury Borough Council: £8,850 to £7,200 - a decrease of 19 per cent - Gedling Borough Council: £3,685 to £3,299 - a decrease of 10 per cent - North Lincolnshire Council: £7,638 to £6,874 - a decrease of 10 per cent - Three Rivers District Council: £5,090 to £4,581 - a decrease of 10 per cent - Castle Point Borough Council: £3,550 to £3,195 - a decrease of 10 per cent

Sources and Methodology

All information was obtained from councils’ websites. In the cases where no information was available online or in official document, data was confirmed by telephone. All sources can be viewed through the postcode reference tool: http://www.taxpayersalliance.com/councillors-allowances

To arrange broadcast interviews, please contact:

Jonathan Isaby Political Director, TaxPayers' Alliance [email protected] 07795 084 113

To discuss the research, please contact:

Chris Daniel

Policy Analyst, TaxPayers' Alliance [email protected] 07538 706 434

Page 310 of 323

55 Tufton Street, London, SW1P 3QL . www.taxpayersalliance.com . 0845 330 9554 (office hours) . 07795 084 113 (24 hours) 2

Table 1: Full list of all UK council’s basic councillor allowance in 2010-11 and 2011-12

Council Basic Allowance (£) Change 2010-11 2011-12 Aberdeen City Council 16,234.00 16,234.00 0.0% Aberdeenshire Council 16,233.96 16,233.96 0.0% Adur District Council 3,270.00 3,270.00 0.0% Allerdale Borough Council 2,966.64 2,966.64 0.0% Amber Valley Borough Council 3,722.04 3,721.92 0.0% Angus Council 16,234.00 16,234.00 0.0% Antrim Borough Council 9,738.00 9,738.00 0.0% Ards Borough Council 9,738.00 9,738.00 0.0% Argyll and Bute Council 16,233.96 16,233.96 0.0% Armagh District Council 9,738.00 9,738.00 0.0% Arun District Council 4,869.96 4,869.96 0.0% Ashfield District Council 6,588.00 6,588.00 0.0% Ashford Borough Council 4,270.93 4,292.28 0.5% Aylesbury Vale District Council 5,304.00 5,304.00 0.0% Babergh District Council 3,648.96 3,649.00 0.0% Ballymena Borough Council 9,738.00 9,738.00 0.0% Ballymoney Borough Council 9,738.00 9,738.00 0.0% Banbridge District Council 9,738.00 9,738.00 0.0% Barking and Dagenham Borough Council 10,006.00 10,006.00 0.0% Barnet Borough Council 10,597.00 10,597.00 0.0% Barnsley Borough Council 10,975.00 10,426.00 -5.0% Barrow-in-Furness Borough Council 2,348.04 2,348.00 0.0% Basildon Borough Council 5,694.00 5,694.00 0.0% Basingstoke and Deane Borough Council 6,602.76 6,603.00 0.0% Bassetlaw District Council 4,628.00 4,628.00 0.0% Bath and North East Somerset Council* 7,109.00 7,109.00 0.0% Bedford Borough Council 10,000.08 10,000.00 0.0% Belfast City Council 9,738.00 9,738.00 0.0% Bexley Borough Council 9,418.00 9,418.00 0.0% Birmingham City Council 16,267.00 16,267.08 0.0% Blaby District Council 3,965.64 3,965.64 0.0% Blackburn with Darwen Borough Council 5,392.80 5,392.80 0.0% Blackpool Borough Council 5,998.98 5,998.98 0.0% Blaenau Gwent Council 13,029.96 13,030.00 0.0% Bolsover District Council 10,047.44 9,902.44 -1.4% Bolton Borough Council 11,082.00 11,082.00 0.0% Boston Borough Council 2,378.00 3,052.00 28.3% Bournemouth Borough Council 9,290.00 9,290.00 0.0% Bracknell Forest Council 8,687.04 8,687.00 0.0% Bradford City Council 13,042.92 13,042.00 0.0% Braintree District Council 4,446.00 4,446.00 0.0% Page 311 of 323

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Council Basic Allowance (£) Change 2010-11 2011-12 Breckland District Council 5,200.00 5,200.00 0.0% Brent Borough Council 7,974.00 7,974.00 0.0% Brentwood Borough Council 6,612.00 5,950.80 -10.0% Bridgend Council 13,868.00 13,868.00 0.0% Brighton and Hove City Council 11,463.00 11,463.00 0.0% Bristol City Council 11,415.97 11,416.00 0.0% Broadland District Council 3,426.00 3,426.00 0.0% Bromley Borough Council 10,872.00 10,872.00 0.0% Bromsgrove District Council 3,675.96 3,676.00 0.0% Broxbourne Borough Council 4,100.04 4,100.04 0.0% Broxtowe Borough Council 3,704.00 3,704.00 0.0% Buckinghamshire County Council 10,718.04 10,718.00 0.0% Burnley Borough Council 2,700.00 2,700.00 0.0% Bury Borough Council 7,949.01 7,949.01 0.0% Caerphilly Council 13,380.47 13,030.00 -2.6% Calderdale Borough Council 10,454.00 10,454.00 0.0% Cambridge City Council 2,782.00 2,782.00 0.0% Cambridgeshire County Council 7,610.04 7,610.00 0.0% Camden Borough Council 9,654.00 9,654.00 0.0% Cannock Chase District Council 5,339.04 5,339.00 0.0% Canterbury City Council 4,710.00 4,710.00 0.0% Cardiff Council 11,342.00 11,342.04 0.0% Carlisle City Council 4,733.04 4,733.00 0.0% Carmarthenshire Council 13,868.00 13,868.00 0.0% Carrickfergus Borough Council 9,738.00 9,738.00 0.0% Castle Point Borough Council 3,550.00 3,195.00 -10.0% Castlereagh Borough Council 9,738.00 9,738.00 0.0% Central Bedfordshire Council 11,225.69 10,259.69 -8.6% Ceredigion Council 12,736.00 12,736.00 0.0% Charnwood Borough Council 4,770.00 4,770.00 0.0% Chelmsford Borough Council 5,379.00 5,380.40 0.0% Cheltenham Borough Council 5,066.00 5,066.00 0.0% Cherwell District Council 4,155.00 4,155.00 0.0% Cheshire East Council 11,200.00 11,200.00 0.0% Cheshire West and Chester Council 11,458.00 11,458.00 0.0% Chesterfield Borough Council 4,377.00 4,377.00 0.0% Chichester District Council 3,900.00 3,900.00 0.0% Chiltern District Council 4,500.00 4,500.00 0.0% Chorley Borough Council 4,242.12 4,242.14 0.0% Christchurch Borough Council 3,766.00 4,072.00 8.1% City of Edinburgh Council 16,233.96 16,233.96 0.0% City of London Corporation 0 0 - City of York Council 7,192.50 7,192.56 0.0% Clackmannanshire Council Page 312 of 323 16,678.79 16,100.53 -3.5%

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Council Basic Allowance (£) Change 2010-11 2011-12 Colchester Borough Council 6,316.97 6,316.97 0.0% Coleraine Borough Council 9,738.00 9,738.00 0.0% Comhairle nan Eilean Siar 16,233.96 16,233.96 0.0% Conwy Council 13,868.04 13,868.00 0.0% Cookstown District Council 9,738.00 9,738.00 0.0% Copeland Borough Council 3,063.25 3,063.25 0.0% Corby Borough Council 4,424.04 4,424.04 0.0% Cornwall Council 12,128.40 12,128.40 0.0% Cotswold District Council 3,999.96 3,999.96 0.0% Coventry City Council 12,872.04 12,872.00 0.0% Craigavon Borough Council 9,738.00 9,738.00 0.0% Craven District Council 4,200.00 4,200.00 0.0% Crawley Borough Council 5,949.00 5,949.00 0.0% Croydon Borough Council 11,239.00 11,239.00 0.0% Cumbria County Council 8,030.00 8,030.00 0.0% Dacorum Borough Council 4,950.96 4,950.96 0.0% Darlington Borough Council 8,027.00 8,027.00 0.0% Dartford Borough Council 4,764.00 4,764.00 0.0% Daventry District Council 4,289.04 4,302.00 0.3% Denbighshire Council 13,029.96 13,029.96 0.0% Derby City Council 9,976.44 9,976.43 0.0% Derbyshire County Council 9,948.00 9,948.00 0.0% Derbyshire Dales District Council 4,111.00 4,111.00 0.0% Derry City Council 9,738.00 9,738.00 0.0% Devon County Council 10,970.00 10,970.00 0.0% Doncaster Borough Council 12,714.96 12,714.96 0.0% Dorset County Council 10,185.00 10,185.00 0.0% Dover District Council 4,224.00 4,103.92 -2.8% Down District Council 9,738.00 9,738.00 0.0% Dudley Borough Council 9,300.00 9,300.00 0.0% Dumfries and Galloway Council 16,236.00 16,236.00 0.0% Dundee City Council 16,233.96 16,233.96 0.0% Dungannon and South Tyrone Borough Council 9,738.00 9,738.00 0.0% Durham County Council 13,300.00 13,300.00 0.0% Ealing Borough Council 9,612.00 9,612.00 0.0% East Ayrshire Council 16,189.55 16,189.55 0.0% East Cambridgeshire District Council 4,521.00 4,069.00 -10.0% East Devon District Council 4,360.00 4,359.96 0.0% East Dorset District Council 3,873.96 3,873.96 0.0% East Dunbartonshire Council 16,234.00 16,278.50 0.3% East Hampshire District Council 4,500.00 4,500.00 0.0% East Hertfordshire District Council 4,746.60 4,746.60 0.0% East Lindsey District Council 4,149.00 4,149.00 0.0% East Lothian Council Page 313 of 323 16,233.96 16,233.96 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 East Northamptonshire District Council 4,290.00 4,290.00 0.0% East Renfrewshire Council 16,234.00 16,234.00 0.0% East Riding of Yorkshire Council 10,711.00 10,711.00 0.0% East Staffordshire Borough Council 4,539.96 4,540.00 0.0% East Sussex County Council 10,842.00 10,842.00 0.0% Eastbourne Borough Council 2,559.00 2,559.00 0.0% Eastleigh Borough Council 5,685.00 5,685.00 0.0% Eden District Council 3,561.24 3,561.00 0.0% Elmbridge Borough Council 4,245.00 4,245.00 0.0% Enfield Borough Council 10,570.00 10,570.00 0.0% Epping Forest District Council 3,150.00 3,150.00 0.0% Epsom and Ewell Borough Council 3,308.28 3,308.31 0.0% Erewash Borough Council 3,972.02 3,848.04 -3.1% Essex County Council 11,499.96 11,499.96 0.0% Exeter City Council 4,430.04 4,430.00 0.0% Falkirk Council 16,233.96 16,233.96 0.0% Fareham Borough Council 6,465.60 6,465.60 0.0% Fenland District Council 4,173.96 4,531.00 8.6% Fermanagh District Council 9,738.00 9,738.00 0.0% Fife Council 16,189.42 16,189.42 0.0% Flintshire Council 12,996.00 12,996.00 0.0% Forest Heath District Council 4,878.60 4,878.60 0.0% Forest of Dean District Council 4,100.00 4,250.00 3.7% Fylde Borough Council 3,500.00 3,500.00 0.0% Gateshead Borough Council 10,120.00 10,120.00 0.0% Gedling Borough Council 3,685.68 3,299.28 -10.5% Glasgow City Council 15,967.18 16,189.55 1.4% Gloucester City Council 5,250.00 5,250.00 0.0% Gloucestershire County Council 8,799.96 8,799.96 0.0% Gosport Borough Council 5,220.00 5,630.00 7.9% Gravesham Borough Council 3,411.00 3,411.00 0.0% Great Yarmouth Borough Council 3,579.00 3,579.00 0.0% Greater London Authority 53,439.00 53,439.00 0.0% Greenwich Borough Council 10,210.00 10,210.00 0.0% Guildford Borough Council 4,655.04 4,655.00 0.0% Gwynedd Council 12,747.00 12,747.00 0.0% Hackney Borough Council 9,943.50 9,943.50 0.0% Halton Borough Council 8,004.24 8,004.24 0.0% Hambleton District Council 4,297.00 4,297.44 0.0% Hammersmith and Fulham Borough Council 8,940.00 8,940.00 0.0% Hampshire County Council 12,003.00 12,003.00 0.0% Harborough District Council** 4,682.61 4,950.19 5.7% Haringey Borough Council 10,500.00 10,500.00 0.0% Harlow District Council Page 314 of 323 4,370.04 4,270.00 -2.3%

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Council Basic Allowance (£) Change 2010-11 2011-12 Harrogate Borough Council 4,151.00 4,192.68 1.0% Harrow Borough Council 8,160.00 8,160.00 0.0% Hart District Council 3,735.00 3,735.00 0.0% Hartlepool Borough Council 5,766.84 5,767.00 0.0% Hastings Borough Council 5,559.00 5,559.00 0.0% Havant Borough Council 5,349.96 5,349.96 0.0% Havering Borough Council 10,208.00 10,208.16 0.0% Herefordshire Council 7,244.04 7,244.04 0.0% Hertfordshire County Council 9,588.00 9,588.00 0.0% Hertsmere Borough Council 5,385.00 5,385.00 0.0% High Peak Borough Council 3,002.00 3,002.00 0.0% Highland Council 16,233.96 16,233.96 0.0% Hillingdon Borough Council 10,481.00 10,481.00 0.0% Hinckley and Bosworth Borough Council 3,275.04 3,275.04 0.0% Horsham District Council 4,665.00 4,665.00 0.0% Hounslow Borough Council 9,276.00 9,276.00 0.0% Hull City Council 11,643.00 11,643.00 0.0% Huntingdonshire District Council 4,459.00 4,235.04 -5.0% Hyndburn Borough Council 4,497.96 4,709.00 4.7% Inverclyde Council 16,190.46 16,252.73 0.4% Ipswich Borough Council 3,745.00 3,744.96 0.0% Isle of Anglesey Council 12,960.00 11,664.00 -10.0% Isle of Wight Council 7,903.08 7,903.00 0.0% Isles of Scilly Council 3,347.00 3,347.00 0.0% Islington Borough Council 9,698.00 9,698.00 0.0% Kensington and Chelsea Borough Council 10,597.00 10,597.00 0.0% Kent County Council 12,999.96 12,827.00 -1.3% Kettering Borough Council 4,716.96 4,856.00 2.9% King's Lynn and West Norfolk Borough Council 5,140.00 5,140.00 0.0% Kingston upon Thames Borough Council 7,528.00 7,528.95 0.0% Kirklees Borough Council 12,566.00 12,566.00 0.0% Knowsley Borough Council 8,825.00 8,825.00 0.0% Lambeth Borough Council 10,597.00 10,597.00 0.0% Lancashire County Council 10,139.04 10,139.00 0.0% Lancaster City Council 3,300.00 3,300.00 0.0% Larne Borough Council 9,738.00 9,738.00 0.0% Leeds City Council 14,781.07 14,781.07 0.0% Leicester City Council 9,829.00 9,829.00 0.0% Leicestershire County Council 10,152.00 10,152.00 0.0% Lewes District Council 2,975.00 2,975.00 0.0% Lewisham Borough Council 9,812.00 9,812.00 0.0% Lichfield District Council 2,990.00 2,990.00 0.0% Limavady Borough Council 9,500.00 9,500.00 0.0% Lincoln City Council Page 315 of 323 4,479.96 4,480.00 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 Lincolnshire County Council 8,184.00 8,184.00 0.0% Lisburn City Council 9,738.00 9,738.00 0.0% Liverpool City Council 10,077.00 10,077.00 0.0% Luton Borough Council 7,500.00 7,500.00 0.0% Magherafelt District Council 9,738.00 9,738.00 0.0% Maidstone Borough Council 4,665.96 4,665.96 0.0% Maldon District Council 3,472.56 3,472.56 0.0% Malvern Hills District Council 4,200.00 4,200.00 0.0% Manchester City Council 16,095.81 15,956.00 -0.9% Mansfield District Council 6,187.00 6,187.00 0.0% Medway Council 9,025.08 9,025.20 0.0% Melton Borough Council 4,473.00 4,473.39 0.0% Mendip District Council 3,605.00 3,605.00 0.0% Merthyr Tydfil Council 13,356.00 13,356.00 0.0% Merton Borough Council 8,694.00 8,694.00 0.0% Mid Devon District Council 3,654.96 4,500.00 23.1% Mid Suffolk District Council 3,684.00 3,684.00 0.0% Mid Sussex District Council 4,738.00 4,501.00 -5.0% Middlesbrough Council 6,129.96 6,130.00 0.0% Midlothian Council 16,233.96 16,233.96 0.0% Milton Keynes Council 9,863.00 9,863.00 0.0% Mole Valley District Council 4,098.00 4,098.00 0.0% Monmouthshire Council 13,868.00 13,868.00 0.0% Moray Council 16,234.00 16,234.00 0.0% Moyle District Council 9,738.00 9,738.00 0.0% Neath Port Talbot Council 13,356.00 13,089.00 -2.0% New Forest District Council 5,316.00 5,316.00 0.0% Newark and Sherwood District Council 3,600.00 3,600.00 0.0% Newcastle upon Tyne City Council 9,210.00 9,210.00 0.0% Newcastle-under-Lyme Borough Council 3,365.00 3,365.04 0.0% Newham Borough Council 10,829.00 10,829.00 0.0% Newport Council 13,029.96 13,029.96 0.0% Newry and Mourne District Council 9,738.00 9,738.00 0.0% Newtownabbey Borough Council 9,738.00 9,738.00 0.0% Norfolk County Council 8,928.00 8,928.00 0.0% North Ayrshire Council 16,234.00 16,234.00 0.0% North Devon Council 4,570.00 4,570.00 0.0% North Dorset District Council 4,374.00 4,374.00 0.0% North Down Borough Council 9,738.00 9,738.00 0.0% North East Derbyshire District Council 5,010.00 5,010.00 0.0% North East Lincolnshire Council 7,521.84 7,500.00 -0.3% North Hertfordshire District Council 3,798.00 4,500.00 18.5% North Kesteven District Council 4,052.04 4,052.00 0.0% North Lanarkshire Council Page 316 of 323 16,234.00 16,234.00 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 North Lincolnshire Council 7,638.00 6,874.00 -10.0% North Norfolk District Council 4,054.92 4,054.88 0.0% North Somerset Council 8,112.00 8,112.00 0.0% North Tyneside Borough Council 7,896.00 7,896.00 0.0% North Warwickshire Borough Council 4,941.96 4,942.00 0.0% North West Leicestershire District Council 3,662.04 3,662.04 0.0% North Yorkshire County Council 8,994.00 8,994.00 0.0% Northampton Borough Council 6,692.28 6,692.26 0.0% Northamptonshire County Council 7,086.00 7,086.00 0.0% Northumberland County Council 12,624.96 12,625.00 0.0% Norwich City Council 5,420.00 5,420.00 0.0% Nottingham City Council 11,581.68 11,581.57 0.0% Nottinghamshire County Council 12,906.00 12,906.00 0.0% Nuneaton and Bedworth Borough Council 4,734.00 4,734.00 0.0% Oadby and Wigston Borough Council 3,957.00 3,957.00 0.0% Oldham Borough Council 8,950.00 8,950.00 0.0% Omagh District Council 9,738.00 9,738.00 0.0% Orkney Islands Council 16,233.96 16,233.96 0.0% Oxford City Council 4,713.96 4,713.96 0.0% Oxfordshire County Council 8,294.88 8,295.00 0.0% Pembrokeshire Council 12,973.00 12,973.00 0.0% Pendle Borough Council 3,000.00 3,000.00 0.0% Perth and Kinross Council 16,233.96 16,233.96 0.0% Peterborough City Council 7,962.08 7,962.08 0.0% Plymouth City Council 10,044.84 10,044.84 0.0% Poole Borough Council 9,734.04 9,734.04 0.0% Portsmouth City Council 10,200.00 10,200.00 0.0% Powys Council 11,925.00 11,925.00 0.0% Preston City Council 3,567.00 3,567.00 0.0% Purbeck District Council 3,874.80 4,000.00 3.2% Reading Borough Council 8,220.96 8,220.00 0.0% Redbridge Borough Council 10,138.00 10,138.00 0.0% Redcar and Cleveland Borough Council 9,550.00 9,549.96 0.0% Redditch Borough Council 3,219.00 3,219.00 0.0% Reigate and Banstead Borough Council 5,072.04 5,072.00 0.0% Renfrewshire Council 16,189.55 16,189.55 0.0% Rhondda Cynon Taf Council 13,868.04 13,868.00 0.0% Ribble Valley Borough Council 2,685.00 2,685.00 0.0% Richmond upon Thames Borough Council 9,400.00 9,400.00 0.0% Richmondshire District Council 2,900.00 2,900.00 0.0% Rochdale Borough Council 7,644.00 7,644.00 0.0% Rochford District Council 4,250.04 4,250.00 0.0% Rossendale Borough Council 3,342.00 3,342.00 0.0% Rother District Council Page 317 of 323 4,237.00 4,237.00 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 Rotherham Borough Council 12,270.96 12,130.00 -1.1% Rugby Borough Council 6,227.04 6,227.00 0.0% Runnymede Borough Council 2,334.96 2,335.00 0.0% Rushcliffe Borough Council 4,476.00 4,476.00 0.0% Rushmoor Borough Council 4,950.00 4,950.00 0.0% Rutland County Council 3,860.00 3,860.00 0.0% Ryedale District Council 3,551.64 3,587.04 1.0% Salford City Council 10,080.00 10,080.00 0.0% Sandwell Borough Council 10,619.04 10,619.04 0.0% Scarborough Borough Council 3,837.96 3,800.00 -1.0% Scottish Borders Council 16,233.96 16,932.16 4.3% Sedgemoor District Council 4,177.00 4,177.00 0.0% Sefton Borough Council 8,970.00 8,520.00 -5.0% Selby District Council 4,115.38 4,115.38 0.0% Sevenoaks District Council 3,698.16 3,698.16 0.0% Sheffield City Council 11,858.04 11,742.00 -1.0% Shepway District Council 3,867.00 3,867.00 0.0% Shetland Islands Council 16,234.00 16,233.96 0.0% Shropshire Council 12,120.00 11,514.00 -5.0% Slough Borough Council 5,973.54 7,100.00 18.9% Solihull Borough Council 7,688.04 7,688.04 0.0% Somerset County Council 9,880.00 9,880.00 0.0% South Ayrshire Council 16,234.00 16,234.00 0.0% South Bucks District Council 4,100.00 4,100.00 0.0% South Cambridgeshire District Council 4,627.00 4,627.00 0.0% South Derbyshire District Council 5,965.87 5,982.00 0.3% South Gloucestershire Council 10,189.00 10,835.00 6.3% South Hams District Council 4,080.00 4,080.00 0.0% South Holland District Council 5,796.00 5,796.00 0.0% South Kesteven District Council 4,380.00 4,380.00 0.0% South Lakeland District Council 3,800.00 3,880.00 2.1% South Lanarkshire Council 16,234.00 16,234.00 0.0% South Norfolk District Council 4,329.49 4,333.00 0.1% South Northamptonshire District Council 4,933.20 4,933.20 0.0% South Oxfordshire District Council 2,900.00 2,900.00 0.0% South Ribble Borough Council 1,500.00 1,500.00 0.0% South Somerset District Council 6,162.96 6,163.00 0.0% South Staffordshire District Council 5,000.00 5,000.00 0.0% South Tyneside Borough Council 7,226.04 7,226.00 0.0% Southampton City Council 11,159.16 11,159.20 0.0% Southend-on-Sea Borough Council 8,402.20 8,402.00 0.0% Southwark Borough Council 10,599.00 10,599.00 0.0% Spelthorne Borough Council 3,938.00 3,938.00 0.0% St Albans City Council Page 318 of 323 5,535.00 5,535.00 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 St Edmundsbury Borough Council 5,184.00 5,184.00 0.0% St Helens Borough Council 7,386.00 7,386.00 0.0% Stafford Borough Council 3,451.00 3,450.96 0.0% Staffordshire County Council 9,244.00 9,244.00 0.0% Staffordshire Moorlands District Council 2,902.00 2,902.00 0.0% Stevenage Borough Council 7,124.00 6,767.00 -5.0% Stirling Council 16,233.96 16,233.96 0.0% Stockport Borough Council 9,554.52 9,554.52 0.0% Stockton-on-Tees Borough Council 9,300.00 9,300.00 0.0% Stoke-on-Trent City Council 11,000.00 11,000.00 0.0% Strabane District Council 9,738.00 9,738.00 0.0% Stratford-on-Avon District Council 4,500.00 4,500.00 0.0% Stroud District Council 4,568.23 4,616.00 1.0% Suffolk Coastal District Council 4,040.04 4,000.00 -1.0% Suffolk County Council 10,172.04 10,172.02 0.0% Sunderland City Council 8,043.00 8,369.00 4.1% Surrey County Council 11,791.00 11,791.00 0.0% Surrey Heath Borough Council 4,752.00 4,752.00 0.0% Sutton Borough Council 10,191.00 10,191.00 0.0% Swale Borough Council 3,342.96 3,343.00 0.0% Swansea Council 12,717.96 12,858.00 1.1% Swindon Borough Council 7,710.00 7,710.00 0.0% Tameside Borough Council 11,640.00 11,640.00 0.0% Tamworth Borough Council 5,111.84 5,120.28 0.2% Tandridge District Council 3,840.00 3,840.00 0.0% Taunton Deane Borough Council 4,300.00 4,301.00 0.0% Teignbridge District Council 5,231.04 4,969.44 -5.0% Telford and Wrekin Council 7,870.00 7,870.00 0.0% Tendring District Council 4,962.00 4,962.00 0.0% Test Valley Borough Council 6,237.96 6,248.71 0.2% Tewkesbury Borough Council 8,850.00 7,200.00 -18.6% Thanet District Council 4,359.96 4,359.96 0.0% Three Rivers District Council 5,090.04 4,581.00 -10.0% Thurrock Borough Council 8,210.79 7,800.25 -5.0% Tonbridge and Malling Borough Council 5,076.00 5,076.00 0.0% Torbay Borough Council 8,328.00 7,911.96 -5.0% Torfaen Council 13,356.00 13,868.00 3.8% Torridge District Council 4,568.64 4,568.64 0.0% Tower Hamlets Borough Council 10,065.00 10,065.00 0.0% Trafford Borough Council 6,352.00 6,352.00 0.0% Tunbridge Wells Borough Council 4,730.04 5,279.00 11.6% Uttlesford District Council 5,000.00 5,000.00 0.0% Vale of Glamorgan Council 13,868.00 13,868.00 0.0% Vale of White Horse District Council Page 319 of 323 3,828.96 3,828.96 0.0%

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Council Basic Allowance (£) Change 2010-11 2011-12 Wakefield City Council 10,985.16 10,985.16 0.0% Walsall Borough Council 10,275.00 10,378.00 1.0% Waltham Forest Borough Council 10,530.00 10,000.00 -5.0% Wandsworth Borough Council 10,957.00 10,596.31 -3.3% Warrington Borough Council 7,911.00 7,911.00 0.0% Warwick District Council 4,631.04 4,631.04 0.0% Warwickshire County Council 8,975.04 8,975.00 0.0% Watford Borough Council 7,209.00 7,209.00 0.0% Waveney District Council 3,534.96 3,534.96 0.0% Waverley Borough Council 2,406.00 2,406.00 0.0% Wealden District Council 4,215.00 4,215.00 0.0% Wellingborough Borough Council 3,440.00 3,440.00 0.0% Welwyn Hatfield Borough Council 4,758.00 4,758.00 0.0% West Berkshire Council 6,148.95 6,149.00 0.0% West Devon Borough Council 4,092.48 4,092.48 0.0% West Dorset District Council 4,889.00 4,889.00 0.0% West Dunbartonshire Council 16,233.96 16,234.16 0.0% West Lancashire Borough Council 4,842.00 4,842.00 0.0% West Lindsey District Council 5,100.00 5,100.00 0.0% West Lothian Council 16,233.96 16,233.96 0.0% West Oxfordshire District Council 4,350.00 4,350.00 0.0% West Somerset District Council 2,733.00 2,733.00 0.0% West Sussex County Council 11,030.00 11,030.00 0.0% Westminster City Council 9,000.00 9,000.00 0.0% Weymouth and Portland Borough Council 4,890.00 4,890.00 0.0% Wigan Borough Council 11,682.12 11,682.00 0.0% Wiltshire Council 10,638.96 11,403.00 7.2% Winchester City Council 5,580.00 5,580.00 0.0% Windsor and Maidenhead Council 7,179.96 7,180.00 0.0% Wirral Borough Council 9,171.00 9,171.00 0.0% Woking Borough Council 7,115.00 7,115.00 0.0% Wokingham Borough Council 7,360.00 7,360.00 0.0% Wolverhampton City Council 8,979.96 8,980.00 0.0% Worcester City Council 3,990.00 3,990.00 0.0% Worcestershire County Council 9,019.80 9,019.80 0.0% Worthing Borough Council 3,897.00 3,897.00 0.0% Wrexham Council 12,681.00 12,681.00 0.0% Wychavon District Council 4,200.00 4,200.00 0.0% Wycombe District Council 4,514.52 4,350.00 -3.6% Wyre Borough Council 4,020.00 4,020.00 0.0% Wyre Forest District Council 4,992.00 4,911.83 -1.6% * Bath and North East Somerset Council has advised that the 2010-11 allowance remained unchanged. This has been amended accordingly. ** Harbourough Council has advised that in the 2010-11 financial year, their Councillors took a reduced allowance on a discretionary basis – the full entitlementPage 320 wasof 323 the same as in 2011-12.

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7.1

COUNCIL: 19 FEBRUARY 2014

DATE:

SUBJECT: RECORDING OF VOTING

REPORT BY: HEAD OF HR AND MONITORING OFFICER

CONTACT OFFICER: J. NEWMAN

IMPLICATIONS:

LEGAL COMMUNITY SAFETY

EQUALITIES ENVIRONMENT

FINANCIAL CONSULTATIONS

STAFFING OTHER

WARDS AFFECTED:

PURPOSE

The purpose of this Report is to comply with Government expectation regarding voting at a budget decision meeting and to amend the Constitution to comply with a change of law.

RECOMMENDATION(S)

Council is recommended to RESOLVE that:-

(1) for the purposes of this budget decision meeting that immediately after any vote is taken on this matter or in respect of any other decision at this meeting that there shall be recorded in the Minutes of this meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting,

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(2) following the coming into effect of the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 that Part 4 of the Constitution be amended as set out in the Report, and

(3) the Monitoring Officer be authorised to effect such amendment to the Constitution.

BACKGROUND

The current position in relation to meetings of the Council is set out in the Constitution.

REPORT

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 seeks to make changes to the recoding of voting at budget decision meetings of the Council. This change to the law which will be mandatory will come into effect on 25 February 2014.

The Government has made it clear that it expects Councils who will be making decisions at a budget decision meeting prior to that date to comply with the spirit of the Regulations.

This Report therefore seeks to allow compliance with the spirit of the Regulations at this budget decision meeting by ensuring that immediately after any vote is taken on this matter or in respect of any budget decision at this meeting that there shall be recorded in the Minutes of this meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

It is also sought to amend Part 4 of the Constitution after the coming into force of the Regulations as shown in italics below:-

20.2 SAVE as provided at Stranding Order 20.5 .at the requisition of at least six (6) Members of the Council made before a vote is taken, the voting shall be by roll-call and shall be recorded so as to show how each Member present voted and so as to record the name of any Member who abstained from voting.

20.3 Where, immediately after a vote is taken in accordance with Standing Order 20.2 and other that a vote taken under Standing Order 20.5, a Member so requires, there shall be recorded in the minutes of the meeting whether (s)he cast her/his vote for the question or against the question or whether (s)he abstained from voting.

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Budget Decision Meetings

20.5 At any budget decision meeting immediately after any vote is taken on this matter or in respect of any other decision at this meeting that there shall be recoded in the Minutes of this meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting.

PROPOSAL/OPTION

Council may decide not to follow the expectation of the Government to allow the recording of voting as contained in this Report at this meeting. In this event the recording of voting would have to be carried out in accordance with the current Standing Orders.

The changes sought in respect of the changes to Standing orders after the coming into effect of the amending regulations will be mandatory and must be incorporated.

APPENDIX

None

LIST OF BACKGROUND PAPERS LOCAL GOVERNMENT ACT 1972, SECTION 100D

None

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