375

MINUTES OF THE MEETING OF THE BOROUGH COUNCIL OF HELD AT SWANSPOOL HOUSE, WELLINGBOROUGH ON TUESDAY 14th DECEMBER 2010

Present: The Mayor (Councillor L Lawman), The Deputy Mayor (Councillor P Morrall) and Councillors, Ainge, Allebone, Atkinson, Bailey, Bass, Beirne, P Bell, R Bell, Blackwell, Callnon, Crofts, Dean, Dholakia, Graves, Griffiths, Harrington, Hawkes, Higgins, Hollyman G Lawman, Maguire, Partridge- Underwood, Perkins, Pursglove, J Raymond, P Raymond, Simmons, Timms, Warwick, Ward and Waters.

Officers present: Mr J Hubbard, (Chief Executive), Mr R Micklewright, Mr J Wilson and Mr T Wright (Corporate Directors), Mrs B Lawrence, Mr C Pittman, Mr G Stoppani and Mr S Wood,(Heads of Service), Mr S Preval, Interim Head of Accountancy, Miss S Lyons, (Legal Adviser),Mrs C Mundy (Democratic Services Officer) and Mr G Betts, Mayor’s Sergeant.

1. PRAYERS

Prayers were said by the Mayor’s Chaplain.

2. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Patel, Saxby and Shram

3. DECLARATIONS OF INTEREST

The following Councillors declared an interest, in accordance with the Council’s Constitution.

Councillor Committee date and minute no. Reason for declaration

Allebone Community 22 11 10 Min 7 Personal – Board Member Castle Theatre Performance of The Castle and wife is Indicators. Vice-Chairman of Friends of The Castle. Allebone Resources 24 11 10 Min 14 Personal and prejudicial – Castle Theatres Contract. Board Member of The Castle and wife is Vice- Chairman of Friends of The Castle. Atkinson Community 22 11 10 Min 6 Personal – member of Redwell and Waendel Leisure Waendel Leisure Centre. Centres – Performance Indicators. Bass Development 23 11 10 Min 9 Personal – is the Ward Aerodrome Ltd. JCC Councillor. Constitution.

Council Meeting – 14th December 2010. 376

Blackwell Community 22 11 10 Min 4 Earls Personal – member of Sports Facility Project Barton Parish Council, Update. President of Earls Barton Cricket Club and life Member of Earls Barton Football Club. Crofts Resources 24 11 10 Min 12 Personal and prejudicial – Allocations Policy for Voluntary treasurer of the NRED and and Community Sector Grants for WWRAG. services provided under Service Level Agreements. Dholakia Resources 24 11 10 Min 5 Review Personal – Ex-Chairman of Polling Stations. and Member of WDHA and user of Hindu Community Centre. Graves Community 22 11 10 Min 4 Earls Personal – Employer has Barton Sports Facility Project use of a garage a The Update. Grange for storage purposes. Hawkes Resources 24 11 10 Min 14 Castle Personal and prejudicial – Contract Re-Procurement. name appears on the plaque at The Castle. Higgins Community 22 11 10 Min 7 The Personal and prejudicial – Castle. Board Member of The Castle. Higgins Resources 24 11 10 Min 14 The Personal and prejudicial – Castle Re-Procurement. Board Member of The Castle. Lawman G Development 23 11 10 Min 7 Draft Personal – with reference to Statement of intent on Housing Upper Redhill – is aware of Targets for North an objector to the . development. Lawman G Development 23 11 10 Min 8 Personal – with reference to Homes and Communities Agency Upper Redhill – is aware of (HCA) North Northamptonshire an objector to the Local Investment Plan (LIP). development. Lawman G Resources 24 11 10 Min 12 Personal – NCC nominee Allocations Policy for Voluntary on the Wellingborough and Community Sector Grants for Volunteer Bureau. services provided under Service Level Agreements. Lawman G Partnerships Review 29 11 10 Min Personal County Councillor. 4 – Northamptonshire Waste Partnership Lawman G Partnerships Review 29 11 10 Min Personal County Councillor. 5 - BCW Snow Plan.

Council Meeting – 14th December 2010. 377

Lawman L Development 23 11 10 Min 7 Draft Personal – in relation to Statement intent on Housing Upper Redhill, knows an Targets for North objector to the Northamptonshire. development. Lawman L Development 23 11 10 Min 8 Personal – in relation to Homes and Communities Agency Upper Redhill, knows an (HCA) North Northamptonshire objector to the Local Investment Plan (LIP). development. Partridge- Community 22 11 10 Min 7 The Personal and prejudicial – Underwood Castle Performance Indicators. Board Member of The Castle. Partridge- Resources 24 11 10 Min 14 The Personal and prejudicial – Underwood Castle. Board Member of The Castle. Raymond J Development 23 11 10 Min 11 Personal and prejudicial – Redevelopment – RAG Progress wife owns business in the Report. town centre. Raymond P Development 23 11 10 Min 11 Personal and prejudicial – Town Centre Redevelopment – owns property and business RAG Progress report. in the town centre. Timms Resources 24 11 10 Min 12 Personal – Council Allocation Policy for community representative on CAB. sector grants for services provided under service level agreements. Timms Partnerships Review Min 4 Personal – Council Northamptonshire Waste representative on Partnership. Northamptonshire’s Waste Partnership. Warwick Development 23 11 2010 Min 7 Personal and prejudicial – in Draft Statement of Intent on relation to Upper Redhill – Housing Targets for North lives at Redhill Grange. Northamptonshire. Warwick Development 23 11 2010 Min 8 Personal and prejudicial – in Homes and Communities Agency relation to Upper Redhill – (HCA) North Northamptonshire lives at Redhill Grange. Local Investment Plan (LIP). Warwick Development 23 11 2010 Min 11 Personal and prejudicial – Redevelopment – RAG Progress owns business premises in Report. the High Street.

4. NOTABLE ACTIVITIES

The annexed circulated report and verbal update was received on the notable activities that had taken place along with the mayoral visits made in November and December 2010.

Members made particular reference to the high turnout of uniformed groups across the whole borough at the many Remembrance Sunday services and also referred to the support from the public to the Christmas lights switch-on.

Council Meeting – 14th December 2010. 378

RESOLVED to note the report, verbal update and comments made on notable activities relating to the Council’s PRIDE objectives.

5. CALENDAR OF MEETINGS MAY 2011 TO MAY 2012.

The annexed circulated report of the Chief Executive was received on the calendar of meetings from May 2011 to May 2012.

RESOLVED that the calendar of meetings from 2011 to May 2012 be approved.

6. COUNCIL MEETING – 9th NOVEMBER 2010.

RESOLVED that the minutes of the Council meeting of 9th November 2010 be confirmed and signed.

7. PLANNING COMMITTEE -

RESOLVED that the Minutes of the Planning Committee of 17th November be noted.

8. PROCEEDINGS OF COMMITTEES

Community 22nd November 2010. Partnerships Review 29th November 2010.

RESOLVED to adopt the minutes of the above mentioned meetings and note that the Performance and Scrutiny Committee of 30th November 2010 did not take place.

9. DEVELOPMENT COMMITTEE – 23rd November 2010.

The minutes of the Development Committee of 23rd November 2010 were received. Councillor Crofts made reference to minute 6 Affordable Housing in relation to the on site affordable housing provision on developments of 15 or more dwellings on sites within the town of Wellingborough and on developments of 3 or more in the rural areas and proposed that this be referred back to Development Committee. This was seconded by Councillor Maguire. On being put to the vote the motion was declared lost.

RESOLVED that the minutes of the Development Committee of 23rd November 2010 be adopted.

10. RESOURCES COMMITTEE – 24TH November 2010

The Vice-Chairman asked that minutes 1 to 13 be adopted and that Minute 14 Castle Contract Re-Procurement be dealt with at the end of the meeting as it was an exempt item.

Council Meeting – 14th December 2010. 379

A discussion ensued and a number of Councillors spoke on minute 7 Management Restructure and the economic circumstances driving it.

A speech by Councillor Crofts overran the allowed time and the Mayor asked him to cease speaking. This he refused to do and he also failed to cease speaking immediately when the Mayor stood to restore order. He eventually ceased speaking and resumed his seat. Having restored order the Mayor continued with the meeting.

Later in the meeting, prior to the discussion of item 15, Councillor Crofts formally apologised to the Mayor for his earlier disrespectful behaviour.

With reference to minute 12 Allocation policy for voluntary and community sector grants for services provided under service level agreements Councillor P Bell informed Council that there was to be a change to the membership of the Working Group and it would be made up of Councillors P Bell, (Chairman), Callnon, Dean, Graves, Morrall and Simmons as Conservative members and Councillor Blackwell from the Labour group.

RESOLVED that minutes 1 to 13 of the Resources Committee of 24th November 2010 be adopted.

11. LICENSING COMMITTEE – 3RD DECEMBER 2010.

RESOLVED that the minutes of the Licensing Committee of 3rd December 2010 be noted.

12. MEMBERS QUESTIONS OR MOTIONS.

There were no questions or motions from Members.

13. CORRESPONDENCE, COMMUNICATIONS AND OTHER BUSINESS

Statement by the Leader of the Council.

Councillor Bailey informed Council of the Grant Settlement figure received from the Government, which was much less than expected. He highlighted the additional savings required of just under £2 million which Members and officers would be meeting to discuss.

Mayor’s Charity Fund

The Mayor made reference to a cheque for £601 which she had gratefully received from the Northamptonshire Hindu Samaj, who had held a mehfil and dinner in aid of the Mayoral charity fund on 27th November.

Council Meeting – 14th December 2010. 380

14. EXCLUSION OF PRESS AND PUBLIC.

RESOLVED that the press and public be excluded from the meeting during consideration of the following item in accordance with Section 100A (4) to the Local Government Act 1972 on the grounds that it would involve the likely disclosure of exempt information of the description shown in schedule 12A to the Act:

Minute Number Item Paragraph of Schedule 12A 15 Castle Contract Re- 3 Resources Committee. procurement Min 14 of Resources Committee.

15. CASTLE CONTRACT RE-PROCUREMENT

(Councillors Allebone, Hawkes, Higgins and Partridge-Underwood left the meeting having declared personal and prejudicial interests).

Councillor P Bell made reference to the recommendation referred to within the Resources Committee minute 14 and proposed the following amendment which was seconded by Councillor Harrington:

RECOMMENDED that:

(i) A new business with charitable objectives be established to run the Castle Arts Centre. (ii) In parallel with setting up this new business negotiations be authorised with The Castle (Wellingborough) Ltd to establish new governance arrangements and a new business plan for the continued operation of the Castle Arts Centre by that organisation from 1st February 2011. (iii) Should these negotiations result in The Castle (Wellingborough) Ltd being in a position to meet the requirements of the Council and to offer best value to the Council compared with the new company option then a new contract and lease each for a period of 10 years to commence from 1st February 2011 be awarded to The Castle (Wellingborough) Ltd. (iv) Should negotiations with The Castle (Wellingborough) Ltd fail to achieve the required outcome the new business be awarded a contract and lease for the operation of The Castle Arts Centre each for 10 years (and in each instance with break provisions in order to protect the Council’s position) to commence from 1st February 2011 or earlier should it be necessary. (v) The cost of setting up the new business be met from existing resources. (vi) The provision of a £150,000 interest-free loan to the new business as initial working capital, subject to an agreement that the loan be repaid in equal monthly instalments over a four year period commencing on 1st February 2012, and that the terms of repayment

Council Meeting – 14th December 2010. 381

be a condition of any contract let subsequently to any successor to the new company. (vii) A report be submitted to Resources Committee in January 2011 in relation to governance and reporting procedure arrangements.

A lengthy debate ensued. Some Members considered that a fresh start would be the best way forward and that the original recommendation made

at Resources Committee should stand, others considered that the amended recommendation was the most practical way of ensuring that The Castle remained open. With regard to the governance arrangements Members asked for clarification on the roles of elected Members when appointed to the Board. Councillor Bailey responded by reminding Council that the three Councillors currently on the Board were not the Borough Council’s representatives.

The amended recommendation was put to the vote and declared carried with 18 votes in favour and 3 against.

RESOLVED that:

(i) A new business with charitable objectives be established to run the Castle Arts Centre. (ii) In parallel with setting up this new business negotiations be authorised with The Castle (Wellingborough) Ltd to establish new governance arrangements and a new business plan for the continued operation of the Castle Arts Centre by that organisation from 1st February 2011. (iii) Should these negotiations result in The Castle (Wellingborough) Ltd being in a position to meet the requirements of the Council and to offer best value to the Council compared with the new company option then a new contract and lease each for a period of 10 years to commence from 1st February 2011 be awarded to The Castle (Wellingborough) Ltd. (iv) Should negotiations with The Castle (Wellingborough) Ltd fail to achieve the required outcome the new business be awarded a contract and lease for the operation of The Castle Arts Centre each for 10 years (and in each instance with break provisions in order to protect the Council’s position) to commence from 1st February 2011 or earlier should it be necessary. (v) The cost of setting up the new business be met from existing resources. (vi) The provision of a £150,000 interest-free loan to the new business as initial working capital, subject to an agreement that the loan be repaid in equal monthly instalments over a four year period commencing on 1st February 2012, and that the terms of repayment be a condition of any contract let subsequently to any successor to the new company. (vii) A report be submitted to Resources Committee in January 2011 in relation to governance and reporting procedure arrangements.

Council Meeting – 14th December 2010. 382

(Councillor Hollyman left the meeting at 9.05 pm, prior to the vote being taken).

Mayor

The meeting closed at 9.25 pm. 383

COUNCIL MEETING – 25th JANUARY 2011

REPORT OF THE LICENSING SUB-COMMITTEE

15th December 2010

(The hearing commenced at 10.00am.)

Present: Councillors Dean (Chairman), Atkinson and Dholakia.

Mr J Casserley (Licensing Manager), Mr J Chadwick (Solicitor - Connectlaw) and Mr C James (Licensing Enforcement Officer).

The Chairman explained the Rules of Procedure to be used for the hearing.

1. APPLICATION FOR A PREMISES LICENCE – HALL, 1 THE GREEN, ORLINGBURY

Mrs J L Webb (applicant) and Mr D Needham (solicitor) appeared for Orlingbury Hall.

Mrs N Reynolds (speaking on behalf of residents) and Mr P Allen (Orlingbury Parish Council) appeared as objectors to the application.

Attached to the annexed circulated report were the following appendices:

1. copy of the application for a premises licence; 2. copy letters of representation; 3. copy of a memorandum from the Environmental Protection Manager containing comments and proposed conditions.

The Licensing Manager introduced the report in respect of the application for a premises licence. The application was for regulated entertainment consisting of live music; recorded music; the provision of facilities for making music; the provision of facilities for dancing; late night refreshment and the supply of alcohol for consumption between the hours of 11am and 12.30am Mondays, Tuesdays, Wednesdays, Thursdays and Sundays; and 11am to 1.30am on Fridays and Saturdays. Non standard timings would include Christmas Eve, Boxing Day, New Year’s Eve, New Year’s Day and any other public bank holiday.

Representations had been received from 33 residents and a petition submitted via the Parish Council contained 168 signatures opposing the application.

In considering the application the Sub-Committee could only take into account the 4 licensing objectives:

1. the prevention of crime and disorder; th Report of the Licensing Sub-Committee – 15 December 2010 384

2. public safety; 3. prevention of public nuisance; 4. the protection of children from harm.

Additional conditions associated with the application had been proposed by the Council’s Environmental Protection Manager (appendix 3).

Mr Needham presented the case for the application. He stated that the licence was being applied for to cover corporate events, family functions, weddings etc.

The reason for requesting the hours and days stated was to provide flexibility however the number of events would be limited.

As regards numbers of people attending, for functions/events for up to 20 people, these would be hosted inside the Hall; and for up to 60 people, the meal would be served in a marquee with background music but other entertainment would be restricted to the Hall. The marquee would be accessed from the Hall’s lounge via a covered walkway.

The area to be licensed within the Hall was outlined on Plan No. 10A and the outside area to be licensed was outlined on Plan No. 12, attached to the application form.

Mr Needham circulated to the meeting a brochure giving details of the venue, sample menu etc.

The applicant had previous experience of the licensed trade, having operated a similar venue in Nassington near Oundle. She already held a Personal Licence.

In respect of the four licensing objectives the following comments were made:

Prevention of crime and disorder – the applicant fully understood the concerns of residents however the type of venue and the functions proposed would not create a problem; public safety - there were no representations; prevention of nuisance – representations had made reference to noise, increased traffic and parking problems. All live entertainment would be confined to the Hall and this was reinforced by the proposed condition put forward by the Council’s Environmental Protection Manager and accepted by the applicant. There was no intention to permit fireworks due to the presence of a herd of deer on the estate. Traffic generation would be modest, with a maximum of 60 persons attending the venue it was thought likely to be a maximum of 20 vehicles. Parking would be provided in an area near the stable block which would be adequate.

th Report of the Licensing Sub-Committee – 15 December 2010 385

protection of children from harm – at corporate events there would be no children present and at family events parents would be present to look after children.

Other representations made were not relevant under the licensing criteria.

In conclusion it was considered that the proposal would benefit the area. There were very few other venues to rival Orlingbury Hall and what was proposed, and there would also be the added benefit of creating local employment if the business was a success.

Mrs Reynolds presented the case, on behalf of residents, for refusing the application.

Mrs Reynolds stated that approximately 50% of residents in the village had expressed concerns regarding the application and referred to the number attending the hearing.

Public nuisance was the main concern but this should not detract from the other objections raised.

Any type of event that included the consumption of alcohol could create crime and disorder issues. Orlingbury was a small village with a high percentage of retired people and families. The requested times of 11.55pm Mondays to Thursdays and Sundays and 12.55am Fridays and Saturdays for the supply of alcohol and music to finish, on a regular basis, was too late and could prove disturbing to residents. Careful consideration of the requested hours was necessary as there would also be a 30 minute dispersal period.

Disturbance could also be a problem due to the close proximity of houses to the venue; noise will travel freely as there are no physical barriers. Reference was made to the comment from the Environmental Protection Manager that no complaints had been received concerning noise from the property. There had perhaps been no formal complaints however issues regarding noise from the property had been raised with the Parish Council in the past.

It was noted that there was no intention to permit fireworks and consideration should be given to making this a condition if the application was granted.

Due to the lack of information regarding the proposed use it was difficult to give proper consideration to the application. The plans and brochure that had been referred to had only been seen at the start of the hearing. Reference was made to the suggested conditions set out in the memorandum from the Environmental Protection Manager, in particular that the Designated Premises Supervisor (DPS) or their authorised manager should make regular checks of the volume of noise emanating from the premises. How would regular checks be defined; how would noise be assessed; and from where would the assessment be carried out?

th Report of the Licensing Sub-Committee – 15 December 2010 386

A question mark hung over the issue of incidental or background music proposed for the marquee. What was permissible in a structure which would have no sound insulation?

It is suggested that 20 vehicles would make very little impact on the village, however in the evenings Orlingbury is very quiet and one vehicle travelling through the village after 10pm would be heard quite clearly. Vehicles leaving the venue in the early hours of the morning together with service provider vehicles would create a noise nuisance.

The Sub-Committee was urged to consider in detail the letters of representation and based on the licensing objectives the application should be refused on the grounds of preventing public nuisance.

Mr Needham clarified for the meeting the following points:

• the applicant had no objection to a condition being imposed to prohibit the use of fireworks; • in respect of the allegation of a lack of information and communication, a meeting had been held in the village regarding the application however his client had not been invited to attend, which she would gladly have done so and possibly have been able to address many of the concerns; • the principle area of concern appeared to be noise and crime and disorder, his client was happy to accept a reduction of up to 1 hour on the submitted times for the supply of alcohol; • the number of functions would be limited to a maximum of 3 per week, and a maximum of 60 guests, however, the application was for every day to allow for maximum flexibility; • only incidental or background music would be provided in the marquee all other entertainment would be confined to the Hall.

Councillor Dean asked for clarification on how the movement of alcohol would be restricted in the outside area.

Mr Needham made reference to Plan 12 which showed a line of trees marking the boundary between the formal garden and parkland and that would be the limit and no alcohol would be allowed beyond that point.

Councillor Dholakia referred to the parking provision and asked whether the area near the stable block could accommodate up to 60 vehicles. He also asked about the comment in the representations concerning the use of helicopters.

Mr Needham confirmed that in the unlikely event that such numbers of vehicles arrived for one event then parking would have to be provided in the driveway at the front of the Hall. As regards helicopters it was not intended that they would be used and did not form any part of the application. The reference in the representations probably related to an incident some time ago th Report of the Licensing Sub-Committee – 15 December 2010 387

when a helicopter had to make an emergency landing in the grounds of the Hall.

Councillor Dean asked Mrs Reynolds about the public house in the village. In particular its operating hours and whether there had been any problems.

Mrs Reynolds stated that there were no problems with the premises, if fact the main concern was whether it would continue to trade if this application was granted. As regards its operating hours, these were, she believed, standard operating hours.

The Licensing Enforcement Officer advised that the operating hours of the public house were Mondays to Thursdays 11am to 12 midnight, Fridays and Saturdays 11am to 1am and Sundays 12 noon to 11.30pm. Live entertainment ended at 11pm.

Mrs Reynolds stated that the public house was a different type of venue that attracted far fewer people than the maximum of 60 proposed for the Hall.

Mr Allen clarified for the meeting the situation regarding the public meeting held in the village. This meeting had been called by the Parish Council in response to concerns raised by residents following publication of the application. It was advertised in the usual way for Parish Council meetings which was a notice on the notice board. It was not a private meeting; nobody received invitations to attend as it was open to all residents.

The only information that the village had about the application was the published site notice. No brochures or plans had been seen prior to this hearing which highlighted the apparent lack of communication and consultation by the applicant with residents.

A resident asked for clarification on the use of the grounds of the Hall.

The applicant advised that when an event was held, those invited would have access to the grounds but at all other times the grounds, like the Hall, would be private.

A resident asked how the noise levels would be monitored.

The Licensing Manager advised that monitoring was carried out by Environmental Protection as a result of complaints received.

After all parties had indicated they had no further questions or points of clarification the Sub-Committee adjourned at 11.05am to consider the matter, the submissions and the evidence.

The Sub-Committee re-convened at 2pm.

The Chairman announced that the Sub-Committee had:

th Report of the Licensing Sub-Committee – 15 December 2010 388

RESOLVED that the application for a premises licence in respect of Orlingbury Hall be granted as follows:

(i) dates and times for live music, recorded music, the provision of facilities for making music; the provision of facilities for dancing; late night refreshment and hours the premises are open to the public will all be as set out in the original application; (ii) days and times for the supply of alcohol will be as amended by the applicant, that is Mondays to Thursdays and Sundays 11am to 12 midnight and Fridays and Saturdays 11am to 1am; (iii) the applicant’s comments made in Part P of the application will form part of the operating schedule; (iv) the following conditions will be attached to the licence:

1. Live or recorded music shall only be held within the Hall building licensed area as shown on Plan No. 10A, attached to the application, and no live or recorded regulated entertainment will be permitted outside the Hall building irrespective of the volume. This will mean that no background music will be permitted outside the Hall building. 2. When live or recorded regulated entertainment is taking place within the Hall building there will be a requirement to keep all external doors and windows closed. 3. The Designated Premises Supervisor or their authorised manager shall make regular checks outside the Hall building around the perimeter of the licensed area, shown on Plan No. 12 attached to the application, of the volume of noise emanating from the premises during regulated entertainment at the premises to ensure that it is not likely to cause public nuisance to nearby residents and adjust the volume accordingly. 4. The Designated Premises Supervisor shall display appropriate signs requesting customers to limit noise when leaving the premises and reinforce this with a management plan that requires staff to make verbal requests of departing customers, monitor the outside of the premises for any anti-social behaviour or disturbance by noise from departing customers and take appropriate action.

The reasons for the decision:

1. in respect of the licensing objectives relating to the prevention of crime and disorder and public safety, the Sub-Committee took into account the views of local residents and took note that no representations had been made by or Northamptonshire Fire and Rescue Service. The Sub-Committee did not consider that the application, as submitted, would contravene those objectives; 2. the Sub-Committee noted that no concerns had been indicated in respect of the protection of children from harm; 3. in respect of the prevention of public nuisance the Sub-Committee noted the considerable concern of residents with regard to noise th Report of the Licensing Sub-Committee – 15 December 2010 389

emanating from the premises, the issue of parking and associated movements to and from the Hall. The Sub-Committee had no concerns given the availability of parking at the Hall and traffic movement on public roads would not be unreasonable; 4. the conditions imposed on the newly granted licence addressed the issues of local residents regarding noise nuisance; 5. the Sub-Committee took into account the provisions of the Licensing Act 2003, guidance issued under Section 182 of that Act and the Borough Council of Wellingborough Licensing Policy; 6. the reason for imposing the conditions was to prevent possible noise nuisance in the residential areas within Orlingbury village; 7. the Sub-Committee did not consider it appropriate, and indeed outside its remit, to impose any conditions in respect of the number of days on which licensable activities may take place; 8. in view of the assurances given by the applicant, the Sub-Committee was persuaded not to impose any conditions regarding the use of fireworks; 9. in respect of noise nuisance concern, statutory methods of remedy were available to address issues if they arose, such as complaints to the Council’s Environmental Protection service; 10. if any complaints were found to be substantiated, they could trigger a review of the Premises Licence.

(The hearing concluded at 2.15pm.)

Chairman.

th Report of the Licensing Sub-Committee – 15 December 2010 390

391

COUNCIL MEETING – 25th JANUARY 2011

REPORT OF THE PLANNING COMMITTEE

15th December 2010

Present: Councillor Ward (Chairman), Councillor Griffiths (Vice-Chairman), Councillors Beirne, P Bell, Dean, Maguire, Morrall, Patel, Timms and Waters.

M Kilpin (Development Control Team Leader), J Jhamat (Legal Services), J Wilson (Corporate Director – Development) and S Wood (Head of Built Environment).

(Councillors Bass, G Lawman and L Lawman attended the meeting.)

1. APOLOGIES FOR ABSENCE

RESOLVED to note that an apology for absence was received from Councillor Harrington.

2. DECLARATIONS OF INTEREST

RESOLVED to note that in accordance with the Local Government Act 2000, the Code of Local Government Conduct and the Council's Constitution, the under-mentioned Councillors declared an interest in the following items:

Councillor Minute No Item Description of Interest

Dean 6 Planning Application Personal and prejudicial WP/2010/0447(FCOU) - Board Member of Wellingborough Homes. Dean 7 Planning Application Personal and prejudicial WP/2010/0453(FM) - Board Member of Wellingborough Homes. Dean 8 Planning Application Personal and prejudicial WP/2010/0456(F) - Board Member of Wellingborough Homes. Dean 9 Planning Application Personal and prejudicial WP/2010/0448(FCOU) - Board Member of Wellingborough Homes. Dean 10 Planning Application Personal and prejudicial WP/2010/0449(FCOU) - Board Member of Wellingborough Homes. Dean 11 Planning Application Personal and prejudicial WP/2010/0455(FCOU) - Board Member of Wellingborough Homes. Patel 6 Planning Application Personal and prejudicial WP/2010/0447(FCOU) - Board Member of Wellingborough Homes. Patel 7 Planning Application Personal and prejudicial WP/2010/0453(FM) - Board Member of Wellingborough Homes. Patel 8 Planning Application Personal and prejudicial WP/2010/0456(F) - Board Member of th Report of the Planning Committee – 15 December 2010 392

Wellingborough Homes. Patel 9 Planning Application Personal and prejudicial WP/2010/0448(FCOU) - Board Member of Wellingborough Homes. Patel 10 Planning Application Personal and prejudicial WP/2010/0449(FCOU) - Board Member of Wellingborough Homes. Patel 11 Planning Application Personal and prejudicial WP/2010/0455(FCOU) - Board Member of Wellingborough Homes. Beirne 19(1) Planning Application Personal and prejudicial WP/2010/0475© - former employee and is on the Management Committee.

3. CONFIRMATION OF MINUTES

RESOLVED that the minutes of the meeting held on 17/11/2010, be confirmed and signed.

4. REPORT OF THE HEAD OF BUILT ENVIRONMENT

RESOLVED that the annexed circulated report of the Head of Built Environment, on the applications for planning permission, listed building consent, building regulation approval and appeals information, be received.

5. PLANNING APPLICATION WP/2010/0441(F) – 41 HIGH STREET, ECTON

The annexed circulated report of the Head of Built Environment was received, including late correspondence from a third party objector and the Council’s Landscape Officer, on planning application WP/2010/0441(F), for a new two storey dwelling to be built on the vegetable garden at 41 High Street, Ecton for Mr and Mrs B Day.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment had recommended that planning permission be granted subject to the conditions set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

Requests to address the meeting had been received from 3 objectors, the applicant and Councillor Bass, Ward Councillor.

The Chairman allowed the objectors and the applicant to each speak for a maximum of 3 minutes and Councillor Bass to speak for a maximum of 5 minutes. After each speaker the Committee was given the opportunity to ask questions of clarification.

th Report of the Planning Committee – 15 December 2010 393

Having heard the views of the speakers and taking account of the officer’s report, the Chairman invited the Committee to determine the application.

It was moved by Councillor Waters and seconded by Councillor Morrall that planning permission be granted subject to the conditions set out in the report.

On being put to the vote, the motion was carried by 6 votes to 0 votes.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of 3 years beginning with the date of this permission. 2. Notwithstanding any materials specified on the approved plans, representative samples of all external facing and roofing materials shall be submitted to, and approved in writing by, the local planning authority before the development commences and the development shall be built in accordance with the approved samples. 3. Details of those parts of the site not covered by buildings, including any parking, roads, footpath, hard and soft landscaping (including tree specimens), surface and boundary treatments shall be submitted to, and approved in writing by, the local planning authority before the commencement of the development. The development shall be carried out in accordance with the approved details. 4. The car parking spaces shown on the approved drawings shall be provided before the occupation of the dwelling and shall thereafter be kept free from obstruction and shall be retained for parking purposes incidental to the enjoyment of the proposed dwelling. 5. As it is to serve 2 dwellings, the existing driveway shall be laid out as a shared private drive, having a width of 4.5m over a length of 10m from the highway boundary. The vehicular crossing shall be widened, the edge of the carriageway over the width of the crossing delineated with dropped kerbs with a 25mm up-stand and all highway surfaces where disturbed by the proposals made good in accordance with the specification of the County Council. 6. To prevent loose materials being carried onto the highway, at least the first 5m of the driveway from the highway boundary shall be hard-paved and adequate provision shall be made to prevent the unregulated discharge of surface water from the driveway onto the highway. 7. The stone wall on the northern side of the point of the vehicular access shall be rebuilt to provide pedestrian to vehicle visibility of 2m x 2m above a height of 0.6m. 8. Before the development commences, an Environmental Risk Assessment (ERA) to identify potential for contamination of the site shall be submitted to the local planning authority prior to the commencement of the development. Should the ERA identify any contamination, it shall contain measures for its remediation that shall be approved in writing by the local planning authority. The site shall be remediated to the satisfaction of the local planning authority prior to the occupation of the development.

th Report of the Planning Committee – 15 December 2010 394

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. To secure a satisfactory appearance for the development in the interests of the visual amenity and the appearance of the Conservation Area. 3. To ensure that the site is satisfactorily landscaped in the interests of the visual amenity and the appearance of the Conservation Area. 4. To ensure adequate off-street parking provision and in order to prevent additional parking in the surrounding streets, which could be detrimental to amenity and prejudicial to safety. 5. In the interest of highway safety. 6. In the interest of highway safety. 7. In the interest of highway safety. 8. In the interest of health and safety of the occupiers of the development.

(Note: Councillors Dean and Patel having declared a personal and prejudicial interest in the next 6 applications left the meeting during the consideration and voting thereon.)

6. PLANNING APPLICATION WP/2010/0447(FCOU) – LAND ADJACENT TO 3 AND 4, AND LAND ADJACENT TO 20, SHEARWATER LANE, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0447(FCOU), for the removal of a raised planting bed to create 6 new parking spaces on land adjacent to 3 and 4, and land adjacent 20, Shearwater Lane, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be refused for the reason set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

A request to address the meeting had been received from Councillor G Lawman, Ward Councillor.

The Chairman allowed Councillor G Lawman to speak for a maximum of 5 minutes. After the speaker the Committee was given the opportunity to ask questions of clarification.

Having heard the views of the speaker and taking account of the officer’s report, the Chairman invited the Committee to determine the application.

Councillor Griffiths indicated that although the recommendation was to refuse the application, he was mindful of the parking problems in the area, the raised th Report of the Planning Committee – 15 December 2010 395

planting bed was in poor condition and the additional 6 car parking spaces would help to alleviate the parking problems. It would, however, offset the loss of the two trees if the applicant carried out replacement planting.

It was moved by Councillor Griffiths and seconded by Councillor Waters that planning permission be granted subject to standard conditions including a condition requiring the applicant, in consultation with officers, to plant two suitable replacement trees in an appropriate location in the area to replace the 2 trees to be felled to enable the development to take place.

On being put to the vote, the motion was carried by 7 votes to 0 votes.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. A scheme for planting new trees elsewhere on the estate shall be agreed with the local planning authority before development commences.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. In the interests of amenity.

7. PLANNING APPLICATION WP/2010/0453(FM) – 1/33 KNIGHTS COURT, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0453(FM), for the demolition of an existing sheltered housing facility and replacement with a new 40 no. unit sheltered housing scheme plus associated car parking and landscaping at 1/33 Knights Court, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

Requests to address the meeting had been received from 3 objectors and the applicant’s architect.

The Chairman allowed each person to each speak for a maximum of 3 minutes. After each speaker the Committee was given the opportunity to ask questions of clarification.

th Report of the Planning Committee – 15 December 2010 396

Having heard the views of the speakers and taking account of the officer’s report, the Chairman invited the Committee to determine the application.

It was moved by Councillor Griffiths and seconded by Councillor Waters that planning permission be granted subject to the conditions set out in the report.

On being put to the vote, the motion was carried by 5 votes to 3 votes.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Details of all windows and doors and external facing and roofing materials shall be submitted to, and approved in writing by, the local planning authority before the development is commenced. 3. Details of all hard-surfacing materials shall be submitted to, and approved in writing by, the local planning authority before the development is commenced. 4. The site shall be landscaped and planted with trees and shrubs in accordance with a comprehensive scheme which shall be submitted to, and approved by, the local planning authority before the development is commenced. The scheme shall be implemented concurrently with the development and shall be completed not later than the first planting season following the substantial completion of the development. Any trees and shrubs removed, dying, being severely damaged or becoming seriously diseased within five years of planting shall be replaced by trees and shrubs of similar size and species to those originally required to be planted or other species as may be agreed. 5. A scheme for screen fencing/walling shall be agreed with the local planning authority before the start of construction. The agreed scheme shall be implemented to the satisfaction of the local planning authority before the houses are occupied. 6. Prior to the commencement of development, a scheme detailing the security standards to be incorporated within all openings associated with the development shall have been submitted to, and approved in writing by, the local planning authority in consultation with the Police CPDA and in line with the recommendations of ‘Secured By Design’. 7. Full Lux plan should be supplied and approved by the local planning authority in consultation with the Police CPDA. 8. Should any archaeological remains be discovered in the course of development the developer shall contact the Northamptonshire County Council Archaeological Advisor so that an assessment can be made for the formulation of mitigating measures or the instigation of contingency procedures. 9. The Highway Conditions are as follows: a. No formal turning facility exists at the termination point of Knights Court and it is considered appropriate that suitable works are carried out at the expense of the applicant to construct an acceptable turning head and to dedicate it as highway maintainable at the public expense. The works must be carried out to the specification and dimensions of NCC in accordance with a suitable agreement. The arrangement indicated on the application plan does not conform to the requirements of the th Report of the Planning Committee – 15 December 2010 397

Highway Authority and must be redesigned as a formal turning head of adequate dimensions to permit its use by all vehicles that will regularly need to use the street. b. The proposed vehicular crossings must be constructed and all highways surfaces affected by the works reinstated in accordance with the specifications of NCC and subject to a suitable agreement. c. To permit the convenient passage of disabled and less mobile persons, consideration should be given to reconstructing the principal means of access with taper and half section kerbs or alternatively suitable dropped kerbs with tactile paving at crossing points. 10. Prior to the commencement of development, an investigation report into the possibility of Rainwater Harvesting, Solar PV's, Solar Thermal, Ground Source Heat Pump and Combined Heat and Power to demonstrate that at least 10% of the demand for energy will be met on site is to be submitted to the local planning authority as detailed in the Design and Access Statement. Should all or some of the above be considered to be a viable prospect as decided by the local planning authority, details of the installations including their positions shall be submitted to, and approved in writing by, the local planning authority and be installed within the development. 11. Prior to the commencement of development, the developer shall prepare and submit a Waste Audit and a Waste Management Facilities Strategy to be approved in writing by the local planning authority unless otherwise agreed in writing by the local planning authority. The Waste Audit must address provisions subscribed in Part A, section (2.22/2.24/2.25) and the Waste Management Facilities Strategy must address provisions subscribed in Part A, Section (2.47/2.49/2.50) of the Development and Implementation SPD. 12. Prior to occupation, the developer shall submit to the local planning authority a statement confirming that the development has been undertaken in accordance with the approved Waste Audit as approved as a result of condition no. 11. 13. The development hereby permitted shall be undertaken in accordance with the approved Waste Management Facilities Strategy as approved as a result of condition no. 11 (unless otherwise agreed by the local planning authority). 14. The roof of the development or flat-roofed areas hereby permitted shall not be used as a balcony, roof garden or for any other purpose of a similar nature without the prior written consent of the local planning authority. 15. The east facing living room windows proposed to units 12, 25 and 26 shall be constructed of obscured glaze and the balconies to units 12, 13, 25 and 26 shall have an obscured side screen to a height of 1.8m to the eastern elevation. 16. Prior to construction, the final proposed slab levels showing diagrammatically their relationship to neighbouring properties shall be submitted to, and approved in writing by, the local planning authority.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. In the interests of amenity. th Report of the Planning Committee – 15 December 2010 398

3. In the interests of amenity. 4. In the interests of visual amenity. 5. In the interests of amenity and privacy. 6. This is in the interest of the security and quality life of future occupants of the development. 7. This is in the interest of the security and quality life of future occupants of the development. 8. In the interests of possible archaeological remains. 9. In the interests of the safety and convenience of the highway. 10. In the interests of sustainability. 11. In the interests of sustainability. 12. To ensure compliance with the Waste Audit. 13. To ensure compliance with the Waste Management Facilities Strategy. 14. To protect the privacy and amenities of neighbouring properties. 15. In the interests of neighbours privacy. 16. In the interests of neighbours amenity.

8. PLANNING APPLICATION WP/2010/0456(F) – 34/96 KNIGHTS COURT, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0456(F), for the refurbishment/re-cladding of 3 apartment blocks; internal alterations resulting in a reduction in residential units (from 63 to 51); associated external works and improvements relating to landscaping, access and car parking provision at 34/96 Knights Court, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

It was moved by Councillor Griffiths and seconded by Councillor Waters that planning permission be granted subject to the conditions set out in the report.

On being put to the vote, the motion was carried unanimously.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Details of all external facing materials shall be submitted to, and approved in writing by, the local planning authority before the development is commenced. 3. Vehicular crossings into the parking spaces must be constructed, and all highway surfaces, where affected by the operations, made good in th Report of the Planning Committee – 15 December 2010 399

accordance with the specifications of Northamptonshire County Council and subject to a suitable agreement.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. In the interests of amenity. 3. In the interests of the safety and convenience of the highway.

9. PLANNING APPLICATION WP/2010/0448(FCOU) – LAND TO THE SIDE OF 188, AND THE REAR OF 191 – 193 KILNWAY, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0448(FCOU), for the removal of two raised planting beds to create 9 new parking spaces on land to the side of 188, and the rear of 191-193 Kilnway, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

It was moved by Councillor Griffiths and seconded by Councillor Waters that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

On being put to the vote, the motion was carried.

RESOLVED that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

10. PLANNING APPLICATION WP/2010/0449(FCOU) – LAND TO THE SIDE OF 56 KILNWAY, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0449(FCOU), for the removal of a planting area to create 4 new parking spaces on land to the side of 56 Kilnway, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be refused for the reason set out in the report.

It was moved by Councillor Griffiths and seconded by Councillor Waters that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

th Report of the Planning Committee – 15 December 2010 400

On being put to the vote, the motion was carried.

RESOLVED that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

11. PLANNING APPLICATION WP/2010/0455(FCOU) – LAND BETWEEN 37 AND 59 BELL COURT AND LAND TO THE REAR OF 43 – 53 BELL COURT, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received, including late correspondence from the Highway Authority, on planning application WP/2010/0455(FCOU), for environmental improvements, including the provision of 9 new parking spaces off Bell Street and change of use of highway to enclosed communal garden area between 43 and 59 Bell Court, on land between 37 and 59 Bell Court and land to the rear of 43-53 Bell Court, Wellingborough for Wellingborough Homes.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be refused for the reason set out in the report.

It was moved by Councillor Griffiths and seconded by Councillor Waters that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

On being put to the vote, the motion was carried.

RESOLVED that further consideration of the application be deferred to enable the Site Viewing Group to visit the site.

(Note: Councillors Dean and Patel rejoined the meeting prior to the consideration of the next application.)

12. PLANNING APPLICATION WP/2010/0458(F) – LAND ADJACENT TO 14 OXFORD STREET,

The annexed circulated report of the Head of Built Environment was received, including late correspondence from a third party objector, on planning application WP/2010/0458(F), for a new dwelling on land adjacent to 14 Oxford Street, Finedon for Mr J Trotman.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes. th Report of the Planning Committee – 15 December 2010 401

A request to address the meeting had been received from the applicant.

The Chairman allowed the person to speak for a maximum of 3 minutes. After the speaker the Committee was given the opportunity to ask questions of clarification.

Having heard the views of the speaker and taking account of the officer’s report, the Chairman invited the Committee to determine the application.

It was moved by Councillor Griffiths and seconded by Councillor Waters that planning permission be granted subject to the conditions set out in the report.

On being put to the vote, the motion was carried unanimously.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Before development commences, representative samples of all external facing and roofing materials shall be submitted to, and approved in writing by, the local planning authority. The development shall be carried out using the approved materials. 3. The areas shown for off road parking on the approved plans shall be laid out and hard surfaced (not gravel) with a permeable material to the satisfaction of the local planning authority before the dwelling is first occupied. The parking area shall be permanently set aside and reserved for the purpose of off road parking thereafter. 4. Before development commences, a scheme for screen fencing/walling shall be submitted to the local planning authority and agreed in writing. The agreed scheme shall be implemented to the satisfaction of the local planning authority before the dwellinghouse is first occupied.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. In the interests of visual amenity. 3. In the interests of the safety and convenience of users of the adjoining highway and sustainable drainage. 4. In the interests of visual amenity and privacy.

13. PLANNING APPLICATION WP/2010/0478(F) – PRINCE OF WALES, 25 WELL STREET, FINEDON

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0478(F), for the proposed reinstatement of a public house into two cottages involving external and internal alterations at the Prince of Wales, 25 Well Street, Finedon for Mr P Hourigan, Lisaleen Investments Limited.

th Report of the Planning Committee – 15 December 2010 402

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the condition set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

It was moved by Councillor Griffiths and seconded by Councillor Waters that planning permission be granted subject to the condition set out in the report.

On being put to the vote, the motion was carried unanimously.

RESOLVED that planning permission be granted subject to the following condition:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission.

Reason:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

14. PLANNING APPLICATION WP/2010/0478(F) – 96 OVERSTONE ROAD, SYWELL

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0478(F), for the demolition of an existing workshop and stables and erection of a dwelling house with detached double garage at 96 Overstone Road, Sywell for Mr C Lanza.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

The Site Viewing Group had visited the site on 14/12/2010, and a record of the visit was set out in the circulated notes.

Requests to address the meeting had been received from the applicant and Councillor Bass, Ward Councillor.

The Chairman allowed the applicant to speak for a maximum of 3 minutes and Councillor Bass to speak for a maximum of 5 minutes. After each speaker the Committee was given the opportunity to ask questions of clarification.

Having heard the views of the speakers and taking account of the officer’s report, the Chairman invited the Committee to determine the application. th Report of the Planning Committee – 15 December 2010 403

It was moved by Councillor Griffiths and seconded by Councillor Morrall that planning permission be granted subject to the conditions set out in the report.

On being put to the vote, the motion was carried unanimously.

RESOLVED that planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. Representative samples of all external facing and roofing materials shall be submitted to, and approved in writing by, the local planning authority before the development is commenced. The development shall be carried out in accordance with the approved details. 3. No development shall take place until there has been submitted to, and approved in writing by, the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied or in accordance with a timetable agreed in writing with the local planning authority. Development shall be carried out in accordance with the approved details. 4. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development) Order 1995 (as amended), no alterations to, or structures permissible under, Classes A, B, C, D, E of the Order shall be erected within the curtilage of the dwellinghouse hereby approved without the written consent of the local planning authority. 5. Before the development commences, an Environmental Risk Assessment (ERA) to identify potential for contamination of the site shall be submitted to the local planning authority prior to the commencement of the development. Should the ERA identify any contamination, it shall contain measures for its remediation that shall be approved in writing by the local planning authority. The site shall be remediated to the satisfaction of the local planning authority prior to the occupation of the development. 6. As it is to serve 2 dwellings, the shared private drive of the vehicular access shall be widened to a minimum width of 4.5m over a length of 10m from the highway boundary. Vehicle to vehicle visibility of 2m x 43m and pedestrian to vehicle visibility of 2m x 2m above a height of 0.6m shall be provided and maintained on both sides of the point of access. 7. The vehicular crossing shall be widened as necessary and all highway surfaces where disturbed by the proposals made good in accordance with the specification of the County Council and to an appropriate agreement. To prevent loose materials being carried onto the highway, at least the first 5m of the driveway from the highway boundary shall be hard-paved.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. In the interests of amenity. th Report of the Planning Committee – 15 December 2010 404

3. In the interests of amenity. 4. To allow the local planning authority the opportunity to control future development of the site, having regard to the nature of the site and its location in the countryside, outside established settlements. 5. In the interest of health and safety of the occupiers of the development. 6. In the interest of highway safety. 7. In the interest of highway safety.

15. PLANNING APPLICATION WP/2010/0431(F) – 30 HARROWICK LANE, EARLS BARTON

The annexed circulated report of the Head of Built Environment was received, including late correspondence from a third party, on planning application WP/2010/0431(F), for the demolition of existing offices/builders yard and the erection of 3 terraced properties at 30 Harrowick Lane, Earls Barton for Mineral Star Constructions Limited.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be refused for the reasons set out in the report. Since preparing the report it had been ascertained that the plan accompanying the application was incorrect in relation to the site with the public highway and therefore further consideration of the application would have to be deferred until the situation had been rectified.

It was moved by Councillor Ward and seconded by Councillor Dean that further consideration of the application be deferred until the situation had been rectified.

On being put to the vote, the motion was carried unanimously.

RESOLVED that further consideration of the application be deferred until the situation had been rectified.

16. PLANNING APPLICATION WP/2010/0438(TX) – 2/10 DENINGTON ROAD, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0438(TX), for a new planning permission to replace an extant planning permission in order to extend the time limit for implementation of WP/2007/0122(OM) for Class A1/A3 retail and restaurant/fast food development, with customer parking and ancillary servicing facilities at 2-10 Denington Road, Wellingborough for Morbaine Limited.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that outline planning permission be granted subject to the conditions set out in the report. th Report of the Planning Committee – 15 December 2010 405

Concern was expressed by some councillors about the proposed A3 use for a restaurant/fast food element on a site close to an educational establishment. Reference was made to a recent High Court case which had established that healthy eating was a material planning consideration in relation to fast food outlets and their proximity to educational establishments.

It was moved by Councillor Griffiths and seconded by Councillor Beirne that planning permission be refused on the grounds that the restaurant/fast food element of the application was in close proximity to an educational establishment.

An amendment was moved by Councillor Waters and seconded by Councillor Ward that further consideration of the application be deferred to enable the officers to negotiate with the applicant on submitting a new application that did not include the A3 use.

On being put to the vote, the amendment was carried by 6 votes to 4 votes.

The amendment became the substantive motion and on being put to the vote was carried by 6 votes to 4 votes.

RESOLVED that further consideration of the application be deferred to enable the officers to negotiate with the applicant on submitting a new application that did not include the A3 use.

17. PLANNING APPLICATION WP/2010/0484(F) – LAND REAR OF 19 NORTH STREET,

RESOLVED to note that the planning application had been withdrawn.

18. PLANNING APPLICATION WP/2010/0507(FCOU) – UNIT 127, TURNELLS MILL LANE, WELLINGBOROUGH

The annexed circulated report of the Head of Built Environment was received, including late correspondence from the Environment Agency, on planning application WP/2010/0507(FCOU), for a change of use from B1 and B8 planning consent to car servicing and MOT testing centre (B2) at Unit 127 Turnells Mill Lane, Wellingborough for Mr G Gibson, Nationwide Autocentres trading as Halfords Autocentre.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies, outcome of consultations and an assessment of the proposal.

The Head of Built Environment recommended that planning permission be granted subject to the conditions set out in the report.

Councillor Griffiths raised concerns regarding the amount of litter on the site and requested advice on what action could be taken to ensure the applicant kept the site litter free.

th Report of the Planning Committee – 15 December 2010 406

The officers advised that, if planning permission was granted, then an ‘informative note’ could be added to the approval notice requiring the applicant to take action in respect of the litter problem.

It was moved by Councillor Griffiths and seconded by Councillor Patel that planning permission be granted subject to the conditions set out in the report and an ‘informative note’ being included requiring the applicant to take action in respect of the litter problem.

On being put to the vote, the motion was carried unanimously.

RESOLVED that:

(i) planning permission be granted subject to the following conditions:

1. The development shall be begun not later than the expiration of three years beginning with the date of this permission. 2. The premises shall be used for car servicing and MOT testing and for no other purpose (including any other purpose in Class B2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reasons:

1. Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004. 2. To prevent the use of the building reverting to another use within the same use class which may be inappropriate in this location.

(ii) an ‘informative note’ be included on the planning permission notice requiring the applicant to take action in respect of the litter problem.

(Note: Councillor Beirne, having declared a personal and prejudicial interest in application WP/2010/0475(C), left the meeting during the consideration and voting thereon and did not return.)

19. COUNTY COUNCIL APPLICATIONS

1. WP/2010/0475(C)

The annexed circulated report of the Head of Built Environment was received, including late correspondence from the applicant, on planning application WP/2010/0475(C), for a proposal to install a yurt village providing additional sleeping accommodation within the grounds at Grendon Hall; to provide adequate welfare facilities for the yurt village it was also proposed to replace the existing modular WC block, convert a garage/store to a changing room/shower block, convert an existing shower block to also incorporate a changing area and convert an existing modular timber constructed outbuilding pavilion into a cooking/dining area at Grendon Hall, 67 Main Road, Grendon for Mr R Beresford, Northamptonshire County Council.

th Report of the Planning Committee – 15 December 2010 407

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies and an assessment of the proposal.

The Head of Built Environment recommended that no objection be raised subject to adequate and appropriate use of planning conditions, where considered necessary, to mitigate any perceived issues such as flood risk and landscape character.

It was moved by Councillor Waters and seconded by Councillor Griffiths that no objection be raised subject to adequate and appropriate use of planning conditions, where considered necessary, to mitigate any perceived issues such as flood risk and landscape character.

On being put to the vote, the motion was carried by 6 votes to 0 votes.

RESOLVED that no objection be raised subject to adequate and appropriate use of planning conditions, where considered necessary, to mitigate any perceived issues such as flood risk and landscape character.

2. WP/2010/0481(C)

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0481(C) for the creation of a recycling facility for inert material and to allow the exportation of material off site for a period expiring on 30/4/2014 at Sywell Range Gun Club, 300 Road, Sywell for Mr Ben Muttock.

The report set out details of the proposal, a description of the site, the planning history, relevant planning policies and an assessment of the proposal.

The Head of Built Environment recommended that no objection be raised to the proposal.

It was moved by Councillor Waters and seconded by Councillor Griffiths that no objection be raised to the proposal.

On being put to the vote, the motion was carried unanimously.

RESOLVED that no objection be raised to the proposal.

3. WP/2010/0341(C)

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0341(C) for a single storey gym and sport science tuition rooms block with ancillary and associated external alterations including additional car parking spaces at Friar’s School, Friar’s Close, Wellingborough for Mrs L Thompson.

RESOLVED to note that the County Council had granted planning permission on 18/10/2010, subject to the conditions set out in the report.

th Report of the Planning Committee – 15 December 2010 408

20. APPLICATIONS OUTSIDE THE BOROUGH

1. WP/2010/0200(OB)

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0200(OB), for the development of a wind farm comprising nine wind turbines, five of which are located within the district of East Northamptonshire, each 125m high to blade tip, one anemometer mast 80m high, construction of access tracks, underground cabling, visitor car park and viewing area at Chelveston Renewable Energy Park, The Airfield, Chelveston for Chelveston Renewable Energy Limited.

The Head of Built Environment recommended that no objection be raised to the proposal subject to East Northamptonshire Council satisfying itself that there would be no cumulative landscape and visual impacts when considering this proposal in connection with the proposed wind farm at (WP/2008/0603(OEIA)).

RESOLVED that no objection be raised to the proposal subject to East Northamptonshire Council satisfying itself that there would be no cumulative landscape and visual impacts when considering this proposal in connection with the proposed wind farm at Bozeat (WP/2008/0603(OEIA)).

2. WP/2010/0508(OB)

The annexed circulated report of the Head of Built Environment was received on planning application WP/2010/0508(OB), for a central grain storage facility and ancillary works, including drainage proposals, landscaping and highway improvements at Newton Road, north of Rockingham Road and east of Kettering for Camgrain Stores Limited.

The Head of Built Environment recommended that no objection be raised to the proposal.

RESOLVED that no objection be raised to the proposal.

21. APPLICATIONS FOR PLANNING PERMISSION, LISTED BUILDING CONSENT AND BUILDING REGULATIONS APPROVAL

RESOLVED that the decisions on applications for planning permission, listed building consent and building regulation approval determined by the Head of Built Environment in accordance with delegated powers and set out in the report of the Head of Built Environment, (Minute 4), be noted.

22. PLANNING APPEAL DECISIONS

RESOLVED to note the annexed circulated:

(i) decision letter dated 22/11/2010, in respect of an appeal against the refusal of planning permission for a first floor side extension, which was dismissed, and change rear glazed roof to a tiled roof and replace glazed windows with brickwork, which was allowed subject to conditions, at 41 Somerford Road, Wellingborough; th Report of the Planning Committee – 15 December 2010 409

(ii) decision letter dated 1/12/2010, in respect of an appeal against the refusal of planning permission for the conversion of The Boot, 38 West Street, Earls Barton to 2 dwellings and 2 additional dwellings within the curtilage which was dismissed.

The meeting concluded at 9.08pm. Chairman 410

411

COUNCIL MEETING – 25th JANUARY 2011

REPORT OF THE APPOINTMENTS COMMITTEE

17th December 2010

Present: Councillor Bell (Chairman), Councillors Dholakia, G Lawman, Ward and Waters

Officers present: Bridget Lawrence (Head of Organisational Development) and Richard Micklewright (Corporate Director, Resources)

1. APOLOGIES FOR ABSENCE

RESOLVED to note there were no apologies for absence.

2. DECLARATIONS OF INTEREST

RESOLVED to note that there were no declarations of interest.

3. EXEMPT REPORT UNDER LOCAL GOVERNMENT ACT 1972

RESOLVED: that under Section 100 (A) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business because it involved the likely disclosure of exempt information on the grounds shown below:

Item No Grounds Para of Part 1 of Schedule 12A of the Act 4 Information relating to any 1 individual

4. APPOINTMENT OF HEAD OF FINANCE

The Committee interviewed four candidates for the post and following discussion it was:

RESOLVED: that Raymond Bowmer be offered the appointment of the post of Head of Finance at a salary within the range and on the conditions already agreed.

The meeting started at 10 a.m. and concluded at 4.30 p.m.

Chairman

th Report of the Appointments Committee 17 December 2010 412

413

COUNCIL MEETING - 25th JANUARY 2011

REPORT OF THE DEVELOPMENT COMMITTEE

4th January 2011.

Present: Councillor G Lawman (Chairman), Councillor Warwick (Vice-Chairman), Councillors Dean, Harrington, L Lawman, Pursglove, J Raymond, Saxby, Timms and Ward.

Also present: Mr J Wilson, Corporate Director, Mr S Wood, Head of Built Environment, Mrs N Dennis, Economic Development Manager and Mrs C Mundy, Democratic Services Officer. (Councillors Griffiths, and Simmons attended as observers).

1. APOLOGIES FOR ABSENCE

RESOLVED to note that an apology for absence was received from Councillor Maguire.

2. DECLARATIONS OF INTEREST

RESOLVED to note that the following Councillors declared their interest in the Agenda items specified in accordance with the Code of Conduct:-

Councillor Minute Subject Reason No.

J Raymond 5 Business Improvement Personal and prejudicial – District for wife owns business Wellingborough Town premises in the town centre. Centre. J Raymond 6 Town Centre Personal and prejudicial – redevelopment – RAG wife owns business Report. premises in the town centre. Warwick 5 Business Improvement Personal and prejudicial – District for owns business premises in Wellingborough Town the High Street. Centre. Warwick 6 Town Centre Personal and prejudicial – redevelopment – RAG owns business premises in report. the High Street.

3. CONFIRMATION OF MINUTES.

RESOLVED that the minutes of the meeting held on 23/11/2010 be confirmed and signed.

th Report of the Development Committee – 4 January 2011. 414

4. PLANNING FEES

The annexed circulated report of the Head of Built Envioirnment was received on the consultation document produced by the government on its proposal to change the planning application fees in .

The Government had issued a consultation document which required a response by 7th January 2011 and related to two options either to decentralise fees or maintain the current system.

In the spirit of localism the proposal was for an individual council to set its own fees for its planning service. Currently fees were set nationally meaning local tax payers were often subsidising planning applications. By setting its own fees a local authority would be able to reflect local costs. The Council’s cost on average for determining a planning application was £1443 with the average income being £367.

The Head of Built Environment had drafted a consultation submission which Members discussed and suggested slight amendments on.

RESOLVED that:

(i) the introduction of the delegated power to set Borough Council of Wellingborough planning application fees locally and by this Council be supported; (ii) the Consultaton submission, with slight amendment, be supported.

(Councillors Raymond and Warwick left the meeting having both declared a personal and prejudicial interest on the following items).

5. BUSINESS IMPROVEMENT DISTRICT FOR WELLINGBOROUGH TOWN CENTRE.

The annexed circulated report of the Corporate Director Development was received on the progress made in the establishment of a Business Improvement District (BID) for Wellingborough Town Centre. Members were also circulated with the draft of the Wellingborough BID Business Plan.

The Local Government Act 2003, had introduced Business Improvement Districts (BIDs), being business led initiatives that give businesses the power to manage and improve their own operating environment to directly benefit their business, their employees, clients and customers.

To enable the Wellingborough BID to become a reality, over 50% of the businesses voting would need to be in favour and those businesses voting yes had to represent more than 50% of the rateable value of all votes cast.

If the majority of businesses supported the proposal then a BID would be established in Wellingborough town centre to commence on 1st June 2011 for a three year period until 31st May 2014. The aim of the BID would be to th Report of the Development Committee – 4 January 2011. 415

increase footfall throughout the whole town centre, improve sales and reduce trade waste collection costs.

Local towns with a BID included, Daventry, Bedford, , Coventry, Rugby and Hinckley.

The report detailed a business survey conducted which had found that 58% of businesses believed that Wellingborough was poorly marketed. The establishment of a BID would assist in funding a tailored marketing and promotional campaign to encourage people to shop.

The BID would be run by the Wellingborough BID Board, operating as a wholly owned subsidiary of the Wellingborough Town Centre Partnership and would be a not for profit company limited by guarantee. The Board would comprise 15 members elected from those businesses that pay the levy, with one seat for the Council. There would be a 2% levy on the rateable value of most businesses in the BID area, premises within the managed shopping centre that pay a service charge would have a BID levy of 1% of their rateable value. Businesses with a rateable value of £3,000 or less would be exempt but could make a voluntary contribution. The levy would be ring-fenced and only spent on projects and services agreed by businesses within the business plan.

Joanna Chapman the Wellingborough Bid Project Co-ordinator attended the meeting to answer any questions from Members.

Members referred to the plan appended to the report and asked for clarity on whether potentially businesses on different sides or parts of roads would be included. Mrs Chapman confirmed that there would be cut off points on all roads and that the Business Plan detailed more thoroughly which roads were included and to which geographical point.

A question was asked about how much financial support the Borough Council would be obliged to give to the BID project. Officers confirmed that as the Council owned property the obligatory levy funding would be £12,000. Additional funding may be desirable but would not be obligatory.

Confirmation of future improvements to the look and signage for the town centre shops was also sought with a request that this be stipulated in the BID. Officers confirmed that this could not be stipulated in the BID but that enforcement action could be taken through planning regulations to ensure that business were complying. The nature of the BID objectives would however help to achieve the aspirations of the Council for an improved street scene within the Town Centre.

One Member asked if rural areas could join the BID scheme. Officers clarified that BIDs were for a designated geographical area and that this would not be possible, but that a separate BID could be sought.

The independent ballot process would be taking place between 16/02/11 and 16/03/11.

th Report of the Development Committee – 4 January 2011. 416

RESOLVED that the BID Business Plan and the proposals contained therein be endorsed in principle;

R1 RECOMMENDED that the decision to vote on the BID ballot for the Council’s town centre properties be delegated to the Corporate Director – Resources In consultation with the Chairman and Vice-Chairman of the Resources Committee.

6. TOWN CENTRE REDEVELOPMENT – RAG PROGRESS REPORT.

The annexed circulated report and verbal update by the Head of Built Environment was received on the progress of the town centre redevelopment and current position with Tresham.

The report requested the nomination of two Councillors to represent the Council on a Developer Partner procurement panel for the High Street site. It was proposed that Councillors G Lawman and Dean be nominated. On being put to the vote the nominations were carried.

Councillor L Lawman referred to the work that had been carried out in Croyland Gardens and particularly the placing of the stones which had embossed designs that local children had submitted. She asked that the officers involved be thanked for their work.

She also made reference to the differing surface levels within the public realm highway schemes as she believed it was the intention that the surfaces would be flush with no kerbs. The Corporate Director Development responded by stating that Sheep Street and Silver Street was a through road and as such kerbing would be required to define the area. The surfacing in Market Street when completed would be at the same level. This was acceptable in this area due to it not being a major road and the more pedestrianised nature of the environment.

Councillor Pursglove made reference to the unsightly hoarding in High Street which he had received a number of comments about from residents’, he asked if this could either be rented out as a matter or urgency, used by the Council to promote the High Street development or alternatively removed. The Head of Built Environment responded to this and updated the Committee on the negotiations that had been taking place for this to be used. If the option to use it by the Council was chosen the Council would need to spend some money on making improvements and would also incur business rates on the site. He would progress this as a matter of urgency.

The Corporate Director Development was asked to clarify the current position with regard to there being an Academy in Wellingborough which would work with Tresham in providing further education. He confirmed that Tresham were in early talks with schools and that their desire was to vacate the site in Church Street. Members agreed that there was a need for further education facilities to be retained in the town.

th Report of the Development Committee – 4 January 2011. 417

RESOLVED that:

(i) the report be noted; (ii) Councillors G Lawman and Dean be appointed to a panel to be formed to procure a Developer partner for the High Street Site.

Chairman

The meeting concluded at 8.25 pm.

th Report of the Development Committee – 4 January 2011. 418

419

COUNCIL MEETING – 25th JANUARY 2011

REPORT OF THE RESOURCES COMMITTEE

5th January 2011.

Present: Councillors J Bailey (Chairman), P Bell (Vice-Chairman) Crofts, Dholakia, Graves, Griffiths, G Lawman, Hollyman, Patel, Pursglove, Warwick and Waters.

Also present: Mr J Hubbard, Chief Executive, Mr R Micklewright, Mr T Wright, Corporate Directors, Mr C Pittman, Mrs B Lawrence, Mr N Robinson, Mr G Stoppani, Mr S Wood, Heads of Service, Mr S Preval, Interim Head of Accountancy, Mrs P Lawton, Business Improvement Manager and Mrs C Mundy, Democratic Services Officer. (Councillors Bass, Dean, L Lawman, and Simmons attended as observers.)

1. APOLOGIES FOR ABSENCE

An apology for absence was received from Councillor Partridge-Underwood.

2. DECLARATIONS OF INTEREST

Councillor Minute Title Reason No. Crofts 13 Review of Discretionary Relief Personal and Granted. prejudicial – Treasurer of Wellingborough Welfare Rights Advice Group. Dholakia 13 Review of Discretionary Relief Personal - user of Granted. Hindu Community Centre. Graves 15 Discretionary non-domestic Personal – his rate relief – Northamptonshire employers Carers Princess Royal Trust. sometimes work in partnership with Northamptonshire Carers. G Lawman 13 Review of Discretionary Relief Personal – NCC Granted. representative on the Wellingborough Volunteer Bureau. Patel 13 Review of Discretionary Relief Personal – Trustee Granted Chairman of Pravasi Mandal Day Centre; NCC nominee to the Victoria Centre and member of the th Report of Resources Committee – 5 January 2011 420

Wellingborough District Hindu Association.

3. CONFIRMATION OF MINUTES

RESOLVED that the minutes of the meetings held on 24/11/2010 be confirmed and signed.

4. WEST STREET RESIDENTS SOLICITORS FEES

The annexed circulated report of the Head of Built Environment was received on a request from residents of West Street for the Council to pay solicitors fees incurred during the High Street Compulsory Purchase Order process.

In order to acquire land for the High Street development the Council had in 2007 applied for a Compulsory Purchase Order (CPO), which was confirmed (with modifications) following a Public Inquiry.

As part of the CPO the Council needed to purchase land, known as Plot 4, which consisted of 170 square metres of passageway and vehicular access way to the rear of premises 50 to 78 West Street, and over which residents had pedestrian rights.

The residents objected to the scheme and six residents appointed Smith Chamberlain Solicitors to represent them and provide legal advice on their objection to the scheme. The residents had submitted their bill for legal costs to the Council with an expectation that the Council would pay the cost of their legal representation. A letter circulated to residents had offered to pay reasonable legal costs to those who wished to negotiate with the Council in the purchase of their property, not for those who wished to object to the scheme. The High Street legal team had advised that an acquiring authority was under no legal obligation to meet an objector’s legal costs. The residents were dissatisfied with this decision and had appealed to their Ward Councillor to investigate this matter further. Receipted invoices had been received totalling £2,265.90.

Mr G Emmans, a resident of West Street, had made a request to address the meeting and the Chairman allowed him to speak for 3 minutes.

Members discussed the 3 options available to the Council and raised points of clarification with Mr Emmans.

It was proposed by Councillor P Bell that the Council should pay the fees of £2,265.90 incurred by a number of West Street residents in challenging the Council’s actions in using its Compulsory Purchase Order powers to obtain land at the rear of their properties, as an ex-gratia payment. This was seconded by Councillor G Lawman.

On being put to the vote the proposal was carried.

th Report of Resources Committee – 5 January 2011 421

(Councillor Hollyman joined the meeting at 7.25 pm).

RESOLVED that approval be given to an ex-gratia payment of £2,265.90, in reimbursement of fees incurred by a number of West Street residents in challenging the Council’s actions in using its Compulsory Purchase Order powers to obtain land at the rear of their properties.

5. RESULTS FROM THE POST-CSR SEMINAR

The annexed circulated report of the Head of Policy, Partnerships and Property was received on the results of the post-CST Seminar held on 10/11/ 2010.

The results of the post-CSR seminar would be used as the basis of a consultation exercise with people, businesses and organisations in the Borough to produce the Corporate Business Plan. The consultation exercise would be combined with the consultation on the Budget for 2011-12.

The report detailed the analysis of the findings under each of the PRIDE categories of promoting high quality growth, reducing crime and anti-social behaviour, improving life chances of children and young people, delivering efficient and responsive services and enhancing the environment.

RESOLVED that the results of the post-CSR Seminar be noted and that the outcomes and policy objectives considered form the basis for consultation with people, businesses and organisations in the Borough to inform the updating of the Corporate Business Plan.

6. REDEPLOYMENT POLICY

The annexed circulated report of the Head of Organisational Development was received on the revised redeployment policy.

The report referred to the previous policy in relation to the reduction of staff which had been approved by the Personnel Sub-Committee in January 2006. Since then a number of changes in legislation, case law and best practice had occurred. The policy had been updated and was detailed in the report. It had been the subject of consultation with UNISON and the JCC.

RESOLVED that the policy relating to redeployment be approved.

7. MEMBER SUPPORT AND DEVELOPMENT

The annexed circulated report of the Head of Organisational Development was received on the future support and development for elected Members.

The Chairman informed the Committee that the report should be deferred and referred back to the Member Support and Development Working Group.

th Report of Resources Committee – 5 January 2011 422

RESOLVED that further consideration of the report be deferred and referred back to the Member Support and Development Working Group.

8. REGISTER OF INTERESTS

The annexed circulated report of the Monitoring Officer was received in relation to the inclusion of Members interests on the Council’s website following the elections in May 2011.

Section 81(1) of the Local Government Act 2000 and Code of Conduct requires all elected and co-opted Members to register their financial and other interest by written notification to the authority’s Monitoring Officer. The Monitoring Officer is required to establish and maintain a register of Members interests which muse be made available at an authority’s office for inspection by the public at all reasonable hours. Member is also required to update the register within 28 days of becoming aware of any changes.

Currently the Register is kept in a paper copy format and is available for public inspection at Swanspool House.

The Standards Board had provided the following advice on publication of a Register on a Council’s website:

“The statutory requirement is for the Register to be made available to the public at the local authority’s offices at all reasonable hours. The Register is a document which can be consulted when (or before) and issue arises and lets others think about whether or not a Member may have a conflict of interest. To this end the Register contributes to public confidence in local democracy and as such the Standards Board of England would generally encourage wider access say via a local authority's website. However the decision is one for the local authority involved in consultation with its Members and having regard to data protection rules for keeping such information up-to-date. In certain circumstances, we recognise that the public availability of such information could pose a real risk of violence or intimidation against Members, or put them in breach of a legal obligation of secrecy. Where such a case arises, the Standards Board for England believes that monitoring officers are entitled to withhold information from the publicly available copies of the Register. We are aware that some local authorities already make the Register available on their websites, but some details may be excluded for one reason or another." RESOLVED that following the election in May 2011 the required register of Member Interests be available for inspection by the public via the Council’s website as well as in person at the Council Offices.

th Report of Resources Committee – 5 January 2011 423

9. RESULTS OF THE SOFT MARKET TEST ON PARTNERING A NUMBER OF COUNCIL SERVICES.

The annexed circulated report of the Corporate Director Resources was received on the findings of the soft market test that concluded on 15/10/2010.

The test established that there was interest from four respondents in partnering with the Council to deliver the widest range of services. They had been invited to make presentations to the Council’s Leadership Team at the end of November. During the presentations a number of points had been raised which were detailed in the report.

There was interest in partnering to supply the following services:

Finance. Human Resources and Payroll. Policy including property management. Procurement. Revenues and Benefits. Customer Services. Media and communications – website element. Information and Communications Technology.

The nature of the work to be outsourced would be determined as part of the tendering exercise but it was expected that the ‘transactional’ work would be the most attractive and cost effective to outsource.

Use of the ‘competitive dialogue’ tendering model would allow the Council to draw on the extensive experience the types of companies had to create innovative solutions rather than replicating current working practices. The report detailed the level of savings the Council may be expected to see over the life of a 10 year contract.

Members discussed the report in more detail making particular reference to confidentiality issues and market failure should a company cease trading or fail to deliver. The Corporate Director, Resources, confirmed that all of these points would be carefully assessed to ensure that any company had financial stability and high confidentiality standards.

RESOLVED that approval be given in principle to a tender exercise to explore partnering with external service providers and that a detailed project plan for implementation be produced.

(Councillor Crofts asked that his vote be recorded against this resolution).

10. REVENUE MONITORING FOR THE PERIOD 1 APRIL 2010 TO 31 OCTOBER 2010.

th Report of Resources Committee – 5 January 2011 424

The annexed circulated report of the Interim Head of Accountancy was received on the projected year end revenue position against the controllable revenue budget based on information available at 31/10/2010.

The monitoring showed an anticipated over spend of £394,000 before the application of earmarked reserves of £396,000 giving a projected net under spend for the year of £2,000 for the financial year.

The significant variations from budget were summarised in the report along with detailed service commentary.

Also provided in the report was a summary of the variances on each service area and the impact that the outcome of the budget monitoring report to October 2010 would have on the Revenue Reserves of the Council. The estimated Revenue Reserve and Use/Contributions to/from Reserves were also detailed. The reasons for the significant variances were detailed in the report by each service.

In order to address the overall budget shortfall the following action had been taken:

• All service managers forecasting an over spend against the approved revenue budget at year end had been instructed to identify options to balance their budgets and report these with risk assessments to Finance by 31st July 2010. • The full 1.5% pay award had been removed from service budgets to offset total overspend. There was a risk that negotiations between employers and unison would reach a settlement in excess of 0%, the monies would be held in reserve until the outcome was known. • There was a vacancy and spending freeze for all non urgent or critical posts or uncommitted spend. In addition controls had been introduced to ensure all proposed contractual spend be assessed before progressing. • The ability within Aggresso to allow employees to authorise spend where no budget existed had been ceased.

The report also detailed the virements, action and budget adjustments proposed.

RESOLVED that:

(i) the report and reasons for the projected outturn variations be noted; (ii) the Virements and budget adjustments as detailed in the report be made; (iii) the setting up of the VAT and Planning Inquiry Reserve with the estimated amounts as detailed in the report be approved; (iv) the utilisation of the Efficiency and Restructuring and Interest Equalisation Reserve with the estimated figures shown in the report be noted. The figures may need amendment in the future, relating to the

th Report of Resources Committee – 5 January 2011 425

financial year 2010/11, to reflect any relevant changes in the Council’s overall financial position.

11. BUDGET 2011/12 and FINANCIAL FORECASTS 2012/13 -2015/16

The annexed circulated report was received showing the initial analysis of the revenue budget for 2011/12 together with the projected position for the subsequent four financial years.

The report set out the initial budget position for 2011/12, considered the medium term financial position and included two options regarding a Council Tax increase. The report recommended that during the five year period covered by the report there be no use of the Council’s General Fund Balance to support the annual revenue budget.

Consideration was also given to the Council’s reserves and general balance with recommendations in respect of the use of balances to offset the pressures on the revenue budget.

Members raised their concern over the shortfall in budget and the reduction in funding grant from the government. It was agreed that further consideration needed to be given to additional savings to address the remaining shortfall and that this be carried out via the Member Working group.

Councillor P Bell proposed that there be no increase in Council Tax for 2011/12. On being put to the vote this was carried with 10 votes in favour and 2 against.

G Lawman proposed that in principle the Council should not use its General Fund Balances in the years 2011/12 to 2015/16 unless deemed necessary. This was seconded by Councillor Bell. On being put to the vote this was carried.

The Corporate Director, Resources, asked for clarification that Members were in agreement to the proposals being consulted on as detailed in Appendix D to the report. Members confirmed their agreement to that.

RESOLVED that:

(i) consideration had been given to the initial budget forecasts for 2011/12 and subsequent four years; (ii) there be no increase in Council Tax for 2011/12; (iii) in principle the Council should not use its General Fund balance in the years 2011/12 to 2015/16 unless deemed necessary; (iv) the recommendations from the Corporate Director, Resources, in respect of the actions to be taken to deal with the forecast shortfall in 2011/12 be agreed; (v) consultation commence on the 2011/12 Budget Savings Proposals as detailed in the report; (vi) the provisional budget of £9.422 million be agreed for 2011/12;

th Report of Resources Committee – 5 January 2011 426

(vii) approval be given to the proposal to close the Environmental Impact Reserve and establish a new Redundancies and Redeployment Reserve;

12. FEES AND CHARGES

The annexed circulated report of the Head of Financial Services was received on the proposed fees and charges from April 2011.

The report detailed the proposed fees and charges along with the Concessionary Policy.

RESOLVED that the proposed fees and charges from 1st April 2011 be approved.

13. DISCRETIONARY NON-DOMESTIC RATE RELIEF

The annexed circulated report of the Corporate Director, Resources, was received on the rate relief granted to ratepayers within the Borough.

The Local Government Finance Act 1988, Local Government and Rating Act 1997 and Rating (Former Agricultural Premises and Rural Shops) Act 2001 conferred powers on Councils to grant rate relief. The power could be used to provide rate relief from all or part of the rates payable and each case needed to be considered on merit.

Where an organisation had been granted discretionary relief, a period of 12 months notice had to be given prior to amendment or cessation of relief from the start of the next financial year.

The cost of granting rate relief was borne between the Government and the Council financed through the Council Tax. Appended to the report were guidelines on the levels of relief granted to institutions and organisations within the Borough.

Organisations had previously been granted relief on an ongoing basis resulting in the budget for discretionary relief being difficult to control. The proposal to review rate relief annually would enable the Council to consider the ongoing financial position of applicants and ensure relief was allocated to the most deserving organisations.

RESOLVED that all organisations in receipt of discretionary relief be notified that a review of their relief would be undertaken effective from 1st April 2012.

14. PHOENIX RESOURCE CENTRE (NORTHAMPTON) LIMITED

The annexed circulated report was received on the application for discretionary non-domestic rate relief from Phoenix Resource Centre (Northampton) Limited.

th Report of Resources Committee – 5 January 2011 427

Phoenix Resource Centre (Northampton) Limited was a registered charity and the premises were being used for charitable purposes. The organisation qualified for 80% Mandatory Relief and was requesting 20% top up Discretionary Relief from 30th June 2010.

RESOLVED that Phoenix Resource Centre (Northampton) Limited not be awarded 20% top up Discretionary Non-Domestic Rate Relief.

15. NORTHAMPTONSHIRE CARERS PRINCESS ROYAL TRUST

The annexed circulated report of the Corporate Director Resources was received on the application for discretionary non-domestic rate relief from Northamptonshire Carers Princes Royal Trust.

Northamptonshire Carers Princess Royal Trust was a registered charity and qualified for 80% Mandatory Relief and was applying for 20% top up Discretionary Relief.

Members asked a number of questions about the trust and requested that future reports to committee provide more information to make the decision process easier. Clarity was also sought as to whether a free three waste bin collection would be provided.

RESOLVED that Northamptonshire Carers Princess Royal Trust be awarded 20% top up Discretionary Non-Domestic Rate Relief from 9/8/2010 to 31/3/ 2012.

16. THE CASTLE ARTS CENTRE – GOVERNANCE AND REPORTING ARRANGEMENTS FROM 1ST FEBRUARY 2011.

The annexed circulated report of the Corporate Director was received on the new governance arrangements for the management of the Castle Arts Centre from 2011.

At the Council meeting on 14/12/2010 it was resolved that a ‘twin track’ approach be established to secure a new operating arrangement for the management of the Castle Arts Centre from 1/2/2011. Officers were authorised to either establish a new company to manage The Castle Arts Centre or award a new contract to The Castle (Wellingborough) Ltd., depending on which offered best value for the Council.

The report set out the governance arrangements as follows:

(a) Governance arrangements would be put in place for the new company in line with the principles set out in the report. (b) The current board of The Castle (Wellingborough) Ltd would take advice about how to equip the company with the necessary expertise to meet the demands of operating in an environment where funding was more restricted and competition more pressing. In this connection a new business vision and plan would be developed for the company.

th Report of Resources Committee – 5 January 2011 428

The company would have its governance arrangements in place by 31st January. (c) Governance arrangements were a matter for The Castle (Wellingborough) Ltd to determine, and needed to be at a standard such as would give confidence that the award of a new contract by the Council to that company was appropriate. Accordingly the principles of corporate governance the Council would be applying to the new company would be used as the threshold for the suitability of the arrangements put forward by The Castle (Wellingborough) Ltd.

The reporting procedure arrangements proposed the establishment of a Member working group to receive regular reports from the operating company and the draft terms of reference were set out in the report.

Members discussed this at length with concern being expressed over the deadline date for the commencement of the new contract and whether this was achievable.

The Corporate Director, Community, confirmed that it would be a challenge to meet the deadline but that he would be taking a further report to the Leadership Team on 20th January with the Business Vision and plan for consideration.

Members considered that this would also need to be reported to the Council meeting on 25th January and the Corporate Director, Community, confirmed that if this was required he could do so.

Members agreed to the establishment of a Member Working Group and this would be made up of 5 Members, 4 from the Conservative group and 1 from the Labour group.

RESOLVED that:

(i) the proposed governance arrangements be agreed; (ii) a Member Working Group be established to oversee the operation and performance of the Arts Centre.

17. EXCLUSION OF PRESS AND PUBLIC

RESOLVED that the press and public be excluded from the meeting during consideration of the following items in accordance with Section 100A (4) to the Local Government Act 1972 on the grounds that they would involve the likely disclosure of exempt information of the descriptions shown in schedule 12A to the Act:

Minute No. Items Paragraph of Schedule 12A

18 Irrecoverable Council Tax, Non-Domestic Rate 3 and Sundry Debt

th Report of Resources Committee – 5 January 2011 429

Minute No. Items Paragraph of Schedule 12A

19 Voluntary Redundancies and Voluntary Early 1 Retirements.

18. IRRECOVERABLE COUNCIL TAX, NON-DOMESTIC RATE AND SUNDRY DEBT

The annexed circulated exempt report of the Corporate Director, Resources, was received on the irrecoverable Council Tax, Non-Domestic Rate and Sundry Debt.

The report detailed Council Tax Payers where the balance outstanding was over £1,000 and a forwarding address was not known; the Non-Domestic Ratepayers where the balance outstanding was over £1,000 and a forwarding address was not known and the Sundry Debt Payers where the balance outstanding was over £1,000 and the amount was deemed to be irrecoverable.

RESOLVED that the sum of £94,753.17 of irrecoverable Council Tax, Non- Domestic Rate and Sundry Debt be written off.

19. VOLUNTARY REDUNDANCIES AND VOLUNTARY EARLY RETIREMENTS

The annexed circulated exempt report of the Head of Organisational Development was received along with an updated tabled Appendix on the voluntary redundancy and early retirement requests received from employees.

A total of 43 submissions had been received. Five had been rejected as being unsuitable, and a further eight on the grounds that a large number were received from one service area and that any selection for redundancy would need to be made in line with the Council’s Handling Redundancy Policy.

The report set out the details of the early retirement submissions to be determined, together with voluntary redundancy applications. Heads of Service and Service Managers had been asked to consider whether the applications for voluntary redundancy would fit with the ZBB3 savings proposed and this had been taken into account when the applications had been considered by the Corporate Management Team.

R1 RECOMMENDED that:

(i) eligible employees be retired early from the service of the Council in the interests of the efficient exercise of the Council’s functions, with effect from individual dates to be determined;

th Report of Resources Committee – 5 January 2011 430

(ii) eligible employees receive pension scheme benefits with effect from their retirement date, in accordance with the provisions of Regulation 26 of the Local Government Pension Scheme Regulations 1997; (iii) the requests for voluntary redundancy made by the remaining employees be noted.

Chairman

The meeting closed at 9.25 pm.

431

COUNCIL MEETING – 25th JANUARY 2011

REPORT OF THE COMMUNITY COMMITTEE

6th January 2011

Present: Councillor Waters (Chairman), Councillor Patel (Vice-Chairman), Councillors, Atkinson, R Bell, Blackwell, Dean, Perkins and Shram.

Also present: Councillors G and L Lawman, Mr J Hubbard – Chief Executive, Mr T Wright – Corporate Director, Mrs C Stephenson – Head of Neighbourhood Development, Mr C Culling – Housing Renewal Manager, Mrs N Hicks – Community Safety Partnership Manager, Mrs E Goodall – Housing Policy and Enabling Officer, Ms S Horton – Community Safety Officer, Ms J Osborn – Homelessness Prevention Officer, Mr M Reneerkens – Service Development Co-ordinator, Mrs P Whitworth – Communications Officer, Ms A Wilcox Health Protection Manager, and Mrs L Willis – Committee Administrator.

1. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Ainge, Graves and P Raymond.

2. DECLARATIONS OF INTEREST

RESOLVED to note that in accordance with the Local Government Act 2000, the Code of Local Government Conduct and the Council’s Constitution, the under-mentioned Councillor declared an interest in the following item:

Councillor Minute Subject Reason No Blackwell 5 Wellingborough Personal – Board Member Homes – Progress of Wellingborough Homes and Monitoring Report

Dean 4 Presentation from Personal – Equalities and the Fire and Diversity Champion for Rescue Service Northamptonshire Fire and Rescue Service

5 Wellingborough Personal – Board Member Homes – Progress of Wellingborough Homes and Monitoring Report

Patel 5 Wellingborough Personal – Board Member Homes – Progress of Wellingborough Homes and Monitoring Report th Report of the Community Committee – 6 January 2011 432

3. CONFIRMATION OF MINUTES

RESOLVED that the minutes of the meeting held on 22/11/2010 be confirmed and signed.

4. PRESENTATION FROM THE FIRE AND RESCUE SERVICE

Jim Dorrall Integrated Risk Management Planning Manager from Northamptonshire Fire and Rescue Service (NFRS) was present to give the Committee the 2011 update on the work carried out under the Strategic Plan.

The current Strategic Plan ran from 2010 – 2013 and became effective on the 01/04/2010. Significant progress in improving outcomes for the local community had been achieved to date. One of the greater challenges the NFRS was faced with was that of delivering an improved service during a demanding financial climate. However they were currently able to provide one of the best value for money fire and rescue services in the country.

NFRS actively worked with local partners to support the community. To maximise the ability to respond to all areas of the county, arrangements with neighbouring Fire Authorities had been established to ensure the quickest possible response in an emergency. The Home Fire Safety Check partnership had been established through local engagement and these groups had developed referral networks to ensure that this service could be targeted directly at vulnerable, hard to reach people.

Firefighter safety remained a high priority; the introduction and development of new techniques and equipment had meant that in 2009/10 there was a 23% reduction in firefighter accidents. The service would continually examine, review and demonstrate that it had the right resources in place so that any emergency situation would be prepared for.

Other areas that had seen a reduction in numbers were:

• Accidental domestic fires • Deliberate vehicle fires • Attendance at unwanted fire signals • Attendance at Road Traffic Collisions

Through the Carbon Reduction Action Plan the service was committed to reduce the impact its functions had on the environment. Measures included:

• Reduction in NFRS’s greenhouse gas emissions • Reduction in NFRS’s use of energy, water and other resources • Support of the development of renewable energy technologies • Minimisation of the environmental impact of travel between home and work

The following vehicles had been introduced to the NFRS fleet: • Initial Intervention Vehicle th Report of the Community Committee – 6 January 2011 433

• Cobra Intervention Vehicle • Community Outreach Vehicles

The Community Outreach Vehicle would undertake a number roles including:

• Mobile Fire Station and Fire Safety • Operational Support • Partnership Working • Youth Engagement • Recruitment Centre for Operational Posts

Fire and Rescue Services within the region were formerly to be linked together to provide one singular Regional Control Centre as part of a national project. This project would no longer be undertaken and Fire Services were looking into alternative ways of working together.

5. WELLINGBOROUGH HOMES – PROGRESS AND MONITORING REPORT

Maureen Baker, Irene Carter and Simon Favell from Wellingborough Homes Community Involvement Team were present at the meeting to give a presentation on their work over the past year and future plans.

Wellingborough Homes had been successful in winning the Northamptonshire Business Excellence Award for Community Investment. The award recognised companies which demonstrated real commitment to the community with plans for continued growth. This was the fourth award Wellingborough Homes had received this year with previous awards including Learn Direct Achievements and the National Housing Federation ‘What We Are Proud Of’.

In November Wellingborough Homes’ repairs service contractor, ROK, went into administration. An emergency service was put in place within just a few hours to meet tenants’ needs. Arrangements were presently being finalised for a short term contract for a repairs and voids service through Lovells and similar arrangements had been entered with Wheldons to complete gas servicing and associated repairs.

Wellingborough Homes were committed to involving communities. Their objectives included helping tenants and residents to:

• Develop new skills • Better manage their homes, health and family life • Influence the services of Wellingborough Homes

Their commitment to having genuine dialogue with residents and leaseholders had lead to the following results:

• Helping over 400 tenants claim an extra £888,000 in benefits • Support and help given to 200 unemployed th Report of the Community Committee – 6 January 2011 434

• Help given to 280 to improve their health • Help and support offered to 12 women at risk of domestic violence

The Tenant Advisory Panel was set up with a group of tenants who wanted to become involved with the association at a strategic level. The panel currently:

• Undertook learning visits to other Registered Providers • Gave opportunities for study and research • Held mini inspections twice yearly • Helped shape resident involvement policy

Through Local Offers tenants were able to state what they wanted their services to be and look like. This was carried out via phone conferences, attendance at village fetes, Party in the Park and the staff away day. In all a total of 1172 responses were received which was almost 26% of customers. From this three main topics for change were identified:

• Parking – estate based car parking • Council Services eg highways, pavements, bins • Environment – trees and shrubs

Works, projects and initiatives undertaken so far included:

• Tenant incentive scheme • Handy Person • Training for tenants • Tenant Panels • Free activities for children and families

Future plans included:

• Gardening service • Changes to lettable standards • Local surgeries • Tenant scrutiny • Estate standard and partnership

The annexed circulated report of the Corporate Director was then presented to the Committee to inform Members of the performance of Wellingborough Homes during the fourth quarter 2009/10 and to enable Members to track the promises made to tenants via the Wellingborough Homes Promises Tracker as attached to the report at Appendix One.

RESOLVED to approve:

i) the Progress and Monitoring report from Wellingborough Homes as appended; ii) the ‘Promises Tracker’ report by Wellingborough Homes as appended.

th Report of the Community Committee – 6 January 2011 435

6. THE FUTURE OF SOCIAL HOUSING (CONSULTATION)

The annexed circulated report of the Corporate Director was received to inform Members of the proposed responses to the consultation paper on Social Housing reform.

The Government believed that the time had come for a reform on the allocation, tenure type and duration for social housing. They believed that systems should provide for more flexibility so that the scarce public resource could be focused on those who needed it the most. The Government’s proposals were summarised within the body of the report and the proposed response to the government’s consultation questions was attached to the report at Appendix A.

RESOLVED that:

i) the responses to the Government’s consultation in respect of proposed social housing reforms in Appendix A be communicated to the Department of Communities and Local Government; ii) a further report be brought to Committee following the results of national consultation and the possible implementation of the proposed reform measures.

7. WELLINGBOROUGH COMMUNITY SAFETY UPDATE – SEPTEMBER, OCTOBER AND NOVEMBER 2010.

The annexed circulated report of the Head of Neighbourhood Development was received to inform Members of the progress of the Community Safety Plan 2008 – 2011. The report was one of a series of quarterly updates and accounted for activity by the partnership during September, October and November.

Targets, performance and activities were detailed within the report under their respective headings.

RESOLVED to note the report and support the delivery group actions.

8. UPDATE ON ENFORCEMENT POLICY (JUVENILE FIXED PENALTY NOTICES)

The annexed circulated report of the Head of Environmental Services was received to update Members on developments relating to enforcement within Environmental Services (Amenities).

The powers and responsibilities bestowed upon the Council provided for the issuing of fixed penalty notices for littering offences. The current policy adopted in 2008 stated that “Save in circumstances where government guidance suggests otherwise Fixed Penalty Notices should not be issued to young persons under 18 years of age.”

th Report of the Community Committee – 6 January 2011 436

Members had requested that this policy be reviewed. The report outlined the rationale behind the proposals within the new policy and provided additional information and guidance on the subject which were attached to the report as separate Appendices.

Councillor Blackwell suggested that an update be brought back to Committee in six months time. The Committee agreed with the suggestion.

RESOLVED that:

i) the amendments to the Enforcement Policy and Procedure as set out in Appendix 3 and the amended documents be adopted; ii) a report to update the Committee be brought back in six months time.

9. LICENSING ACT 2003 – LICENSING POLICY STATEMENT

The annexed circulated report of the Head of Environmental Services was received to seek Member’s approval of the Licensing Authority’s Licensing Policy Statement as prescribed by Section 5 of the Licensing Act 2003 (the Act).

The Act required each Council, referred to as a licensing authority, to:

• determine its policy in respect of the exercise of its licensing functions and • publish a statement of that policy

At a meeting of the Council on 23/11/2004 the first Statement of Licensing Policy, under Section 5 of the Licensing Act 2003 was approved. This was subsequently reviewed in November 2007.

Section 5 of the Act required the Licensing Authority to review its policies and further publish those policies on a three year cycle. The next publication was due in January 2011.

The Act required that the following persons be consulted regarding the review of the policy statement;

• The Chief Officer of Police • The fire authority for the area • Persons / bodies representative of local holders of premises licenses • Persons / bodies representative of local holders of club premises certificates • Persons / bodies representative of local holders of personal licenses • Persons / bodies representative of business and residents in its area

The Northamptonshire Licensing Partnership had undertaken the required review process and carried out a consultation on the draft statement of licensing policy between September and November 2010. The closing date th Report of the Community Committee – 6 January 2011 437

was 19/11/2010. A small number of responses were received and a summary of these was given at Appendix Two of the report.

The revised Statement of Licensing Policy was attached as Appendix One of the report.

RESOLVED to approve the Statement of Licensing Policy as reviewed and as prescribed by the Licensing Act 2003.

10. WELLINGBOROUGH SUSTAINABLE COMMUNITY STRATEGY 2011-2014

The annexed circulated report of the Head of Neighbourhood Development was received to inform Members of the progress of the writing of the Wellingborough Community Strategy 2011 – 2014.

The Wellingborough Sustainable Community Strategy supported the vision articulated by the Borough Council of ‘Making Wellingborough a Place to be proud of’. Its previous configurations as the Community Plan and then the Community Strategy were reviewed last year and it was published as the Wellingborough Community Strategy.

The current Strategy finished at the end of March 2011. A new Strategy was being written to reflect the new environment with changes to government funding through the CSR, changes to housing targets, benefit overhaul, deletion of the LAA and the general downturn in the economy.

The current Strategy was written during 2008 using a small working group from the voluntary and statutory sectors. This group met regularly to decide the measures that were needed to be included. The public were consulted after the priorities were decided and measures had been set. The new Strategy followed much the same procedure but this time it was started by the Annual meeting on 07/06/2010 which considered suggested priorities via group discussions

Members of the Steering Group were also able to make a contribution to the discussions at that meeting. Thought was given as to how other strategies and priorities were to be included in the Strategy.

Priorities for the Wellingborough Strategy had been detailed as follows:

• Neighbourliness • Community Safety • Children and Young People • Health and Wellbeing • Economy • Environment

Over the summer and into the autumn, a working group taken from the Steering Group had been working on bringing together a new Strategy to be launched in April 2011 using the above headings and putting together th Report of the Community Committee – 6 January 2011 438

measures.

Attached at Appendix One of the report was the document which would be sent out for consultation and which would include various methods currently under discussion such as an event, and the website. Other methods of consultation were being considered and would be undertaken by the Partnership consultation group.

R1 RECOMMENDED that the Wellingborough Sustainable Community Strategy measures be endorsed for use in the Local Sustainable Strategy for Wellingborough for 2011 – 2014.

11. PRIORITISATION OF DISABLED FACILITIES GRANTS

The annexed circulated report of the Corporate Director – Development was received to consider a suitable method to prioritise referrals from Community Occupational Therapy for disabled adaptations to meet the needs of local residents who lived in private sector housing.

A steady increase in pressure on the Disabled Facilities Grant (DFG) budget in recent years was due to a number of factors, inculding:

• the increase of the maximum grant from £25,000 to £30,000 • people living longer • 100% grant assistance was now available to applicants receiving certain benefits • the rise in the cost of works due to inflation

In spite of the increase in demand the budget had remained at £450,000 for several years. In recent years demand was met by viring funds from the discretionary grant budgets for Renovation Grant and Home Repair Assistance.

In 2010/11 an increased budget of £590,000 had almost been fully committed by the end of November and so a decision had been taken to delay any further approvals to allow those grants that were identified with “critical” needs for the health and safety of the applicant to then be approved and proceed without delay. This would lead to a considerable number of approvals being carried over into 2011/12 adding further to the pressure on the budget.

The DFG budget was the only grant budget allowed for within the capital programme for the coming financial year and virement funds would not be an option.

In order to ensure that the level of demand could be met a capital bid was being made to the Resources Committee in February 2011 for an additional £200,000 for 2011/12.

The Corporate Director advised the Committee of a proposed amendment to the recommendation as set out in the report to read th Report of the Community Committee – 6 January 2011 439

The Committee is invited to RESOLVE that subject to the financial resources available to the Housing Renewal Service at 1 April 2011, that the criteria listed in appendix A be used to prioritise Disabled Facilities Grant referrals as follows:

• high priority to be actioned immediately • medium priority to be actioned within six months • low priority to be actioned within twelve months

The Committee then discussed the Prioritisation of Disabled Facilities Grant Referrals as set out in Appendix A of the report.

An amendment was moved by Councillor Blackwell that should Prioritisation of Disabled Facilities Grant Referrals be required that section 4 under the Medium category “where the client needs access to specific personal care facilities to support the long-term management of a severe medical problem eg double incontinence, stoma care, home dialysis, or where the ambient temperature would have a direct impact on the medical condition for functioning” be moved into the High category. This was seconded by Councillor Dean. The amendment was not voted on.

The Corporate Director advised the Committee that if the additional funding of £200,000 was approved by the Resources Committee there would not be a need to prioritise disabled facility grant referrals.

The Committee then discussed the proposed amended recommendation as detailed by the Corporate Director.

Councillor Blackwell again moved an amendment that should the Prioritisation of Disabled Facilities Grant Referrals be required that section 4 under the Medium category “where the client needs access to specific personal care facilities to support the long-term management of a severe medical problem eg double incontinence, stoma care, home dialysis, or where the ambient temperature would have a direct impact on the medical condition for functioning” be moved into the High category, and that the wording in the proposed action at 4.2 of the report be amended to include the words “…and financial position” immediately after the word “prioritisation”. This was seconded by Councillor Shram.

The Chairman put to the Committee that part of the amendment relating to the Prioritisation of Disabled Facilities Grant Referrals and if required that section 4 under the Medium category “where the client needs access to specific personal care facilities to support the long-term management of a severe medical problem eg double incontinence, stoma care, home dialysis, or where the ambient temperature would have a direct impact on the medical condition for functioning” be moved into the High category and on being put to the vote was carried by 4 votes to 1 vote.

th Report of the Community Committee – 6 January 2011 440

The Chairman then put the remainder of the amendment to the Committee relating to the wording in the proposed action at 4.2 of the report to include the words “…and financial position” immediately after the word “prioritisation” and on being put to the vote was carried by 6 votes to 0 votes.

The proposed amended recommendation together with the agreed amendment as moved by Councillor Blackwell became the substantive motion and on being put to the vote was carried by 5 votes to 1 vote.

RESOLVED:

i) to note that a capital bid was being made to the Resources Committee for additional funding of £200, 000 for the financial year 2001/12; ii) to note that, subject to the additional funding as set out in i) above being approved, the Prioritisation of Disabled Facilities Grant Referrals, as set out in Appendix A, would not be required; iii) that in the event of the additional funding not being approved the Prioritisation of Disabled Facilities Grant Referrals as set out in Appendix A, including the amendment in respect of section 4 under the Medium category “where the client needs access to specific personal care facilities to support the long-term management of a severe medical problem eg double incontinence, stoma care, home dialysis, or where the ambient temperature would have a direct impact on the medical condition for functioning” be moved into the High category, be approved; iv) that the method of prioritisation and financial position be reviewed by the Committee in 12 months time.

12. URGENT MATTER

The Chairman decided that the following matter was urgent within the meaning of Section 100B (4) (b) of the Local Government Act 1972 for the reason set out:

Minute No Subject Reason

13 Proposal for Library To advise Members Closures

(Note: at this point in the meeting Councillors Blackwell, Dean, Patel and Waters declared a personal interest in the next item as they were County Councillors.)

13. PROPOSAL FOR LIBRARY CLOSURES

The Chairman referred to a proposal by the County Council to close libraries at Finedon, and Wollaston as part of its draft budget proposals. He advised the Committee that the Council’s Chief Executive had written to Northamptonshire County Council’s Chief Executive expressing this Council’s great concern at the proposed closures. th Report of the Community Committee – 6 January 2011 441

A copy of the letter referred to above dated 04/01/2011 was circulated to Members.

Councillor Blackwell moved that the action of the Chief Executive in writing to the Chief Executive of Northamptonshire County Council be endorsed. This was seconded by Councillor Atkinson.

RESOLVED that the situation be noted and that the contents of the Chief Executive’s letter be endorsed.

The meeting concluded at 9.05pm.

Chairman

th Report of the Community Committee – 6 January 2011 442

443

COUNCIL MEETING – 25th January 2011

REPORT OF THE PARTNERSHIPS REVIEW COMMITTEE

10th January 2011

Present: Councillor Allebone (Chairman), Councillor Pursglove (Vice-Chairman), Councillors Graves, Hawkes, G Lawman and J Raymond.

Also Present: Mrs L Flores (Cultural Development Manager), Mr J Hubbard (Chief Executive), Mrs V Jessop (Housing Strategy Manager) and Mr C Pittman (Head of Policy, Partnerships and Property) (Committee Manager).

(Councillors L Lawman and Griffiths attended the meeting)

1. APOLOGIES FOR ABSENCE

RESOLVED to note that an apology for absence was received from Councillor Blackwell.

2. DECLARATIONS OF INTEREST

RESOLVED to note that in accordance with the Local Government Act 2000, the Code of Local Government Conduct and the Council’s Constitution, the under-mentioned Councillors declared an interest in the following items:

Councillor Minute Subject Reason

G Lawman 6 Northamptonshire Personal – Member of Sport sporting clubs.

3. CONFIRMATION OF MINUTES

RESOLVED that the minutes of the meeting held on 29/11/2010 be confirmed and signed.

4. WELLINGBOROUGH HOMES and EAST MIDLANDS HOUSING GROUP

The Chairman welcomed Mr D Willis, Chief Executive, Wellingborough Homes and Mr J Patman, Group Development Director, East Midlands Housing Group (EMHG).

Mr Willis gave a presentation on the work of Wellingborough Homes as a community based Housing Association and the benefits and examples of partnership working with the Borough Council and other organisations to provide sustainable and cohesive communities in Wellingborough.

th Report of the Partnerships Review Committee – 10 January 2011 444

Mr Patman then gave a presentation on the work of East Midlands Housing Group (EMHG), the issues facing the development of affordable homes as a result of the reduction of Homes and Communities Agency (HCA) funding and how the partnership will respond.

An overview of Wellingborough Homes and EMHG was attached to the report at Appendix 1 and 2 respectively.

A copy of the presentations and the annual reports of Wellingborough Homes and EMHG were circulated at the meeting.

Mr Willis and Mr Patman responded to questions and comments raised by the Committee, which included the following:

Q. It was noted that in the Wellingborough Homes’ Annual Report 2009/10, 82% of tenants were satisfied with the quality of their home but satisfaction was considerably lower for those tenants aged between 16-34, which was 53%. Is the 16-34 age group unrealistic in their expectations? A. It may be an age profile and the challenge for Wellingborough Homes is to establish the reason why, as they may be our customer base in the future. It was noted that elderly residents may be more willing to express their satisfaction. Q. Members were aware of the tremendous amount of work that has gone into Wellingborough Homes’ financial inclusion work and the work with Women’s Aid and ‘Your Home’ course at the Hemmingwell Skills Centre. A request was made that Wellingborough Homes involve and liaise with Ward Councillors when undertaking such work with the community. A. Noted. Q. Wellingborough Homes’ officers are very conscientious in dealing with residents’ concerns raised via Ward Councillors. However, there needs to be a better way of incorporating Ward Walks carried out by the Borough Council, Wellingborough Homes and the Police to ensure there is no duplication of effort. A. Agreed - it makes sense for Ward Walks to be undertaken in partnership in order to get better value for money. Q. From whom do you borrow your money, what interest rates do you have to pay and are you eligible for any concessions? A. Barclays funded the stock transfer. If any funding is required for new development, it is likely that traditional high street corporate lending organisations will be approached. However, in the current economic climate, it was noted that Banks were only lending for 5 or 10 years. Housing Associations are exploring investment in Bonds because there are so few lenders. The interest rate for Housing Associations, which have a good credit rating, is at the commercial rate; there is an element of reduction because of the regulatory regime. Q. How is the Choice Based Letting system working? A. Choice Based Letting system is very good but it is too soon to obtain customers’ feedback on the change in process in terms of social rent, th Report of the Partnerships Review Committee – 10 January 2011 445

affordable rent and market rent. Not sure whether tenants accept a property at a higher rent because they have no alternative option. Have not seen any reduction in void properties. Q. The Wellingborough Homes’ Annual Report 2009/10 reported that £19.3m was spent during that period, the bulk of which was on management costs (£3.5m), improvement works (£9m) and repairs (£3m). The management costs seem high; what is included in the management figure? A. The management costs are for providing housing management service to residents and the extra community added value costs. Q. Councillors have received numerous complaints that Lovells are not performing anywhere near the same level of satisfaction with regard to repairs compared with Rok, in terms of missed appointments and standard of work. A. Wellingborough Homes accepted it was going to be a challenge to replace Rok as the repairs contractor and being able to link IT systems. Lovells are currently a temporary arrangement. Wellingborough Homes is currently looking to secure a repairs service contractor from April 2012 and further feedback will be provided. Q. Can Housing Associations work with the Borough Council to get some empty properties in the town back into use in the short term? A. Discussions are being held with partners about empty properties and whether to retain or sell them back on the market. There was a commitment to work in partnership to facilitate getting empty properties back into use but partners can only negotiate so far with the owners of the properties. Q. Notice you involve your tenants in all aspects, who also sit on the Asbestos Working Group, potentially with no technical knowledge or expertise. A. Wellingborough Homes has developed a more comprehensive structure for tenant involvement in all key working groups to enable tenants to voice their opinions and concerns, including issues around asbestos. Q. Are apprenticeships being provided by Wellingborough Homes and EMHG during 2011 and what sort of jobs are they doing? A. Wellingborough Homes offer apprenticeships/trainees either directly or indirectly through facilitation with contractors. 12 Future Jobs Fund trainees are with EMHG who expect to offer further apprenticeship opportunities with any new contracts. EMHG provides quarterly returns to HCA on the number of trainee apprenticeships that are sustained or are being created. Q. What steps are being undertaken to help military families, post active service, find appropriate accommodation? A. The Borough Council deals with the issue of prioritising applications for housing; under the Borough Council’s Allocations Policy, military families would be given preference if they had a housing need. It was noted that nationally the social housing reform was underway.

th Report of the Partnerships Review Committee – 10 January 2011 446

The Chairman thanked Mr Willis and Mr Patman for their presentations.

RESOLVED that:

(i) the presentation be noted; (ii) the Community Committee be asked to consider making changes to the Council’s Housing Allocations Policy such that former members of the armed forces and their families receive as high a priority for housing as is possible.

5. WELLINGBOROUGH WELFARE RIGHTS ADVICE GROUP

The Chairman welcomed Mrs S Paw, Co-ordinator, Wellingborough Welfare Rights Advice Group (WWRAG), Mr P Ainge and Mr J Goodger, WWRAG committee members. Mrs Paw, Mr Ainge and Mr Goodger gave a presentation on the work of WWRAG, which particularly focused on the preservation of health, the relief of poverty and distress, and the promotion of healthy and comfortable living within the community. The objectives of WWRAG are to: • assist and co-operate with member organisations in planning and developing a wide range of services and facilities for the benefit of the community; • plan, develop and provide welfare rights advice to people living in the town of Wellingborough and surrounding villages.

Services are provided to people with health problems: physical or mental to maximise their income by assisting them in applying for benefits that they may be entitled to. Services are also targeted to members of minority ethnic communities in Wellingborough by holding advice sessions at the Hindu Temple, Wellingborough Afro-Caribbean Association (WACA), and at the Mosque. Organisation overview and case studies provided by WWRAG were attached to the report at Appendices 1 and 2 respectively. It was noted that the NCC’s funding awarded to WWRAG was due to cease at the end of this financial year (March 2011), which would be detrimental to the work of WWRAG. A copy of the presentation was circulated at the meeting. Mrs Paw, Mr Ainge and Mr Goodger responded to questions and comments raised by the Committee, which included the following:

Q. What sort of funding do you receive as an organisation? A. 2009/10 funding of £36,000 reduced to £28,000 from Northamptonshire County Council (NCC), £4,000 from the Borough Council and £5,000 from the Primary Care Trust, which covers the cost of the one paid staff member, rent, insurance, transport, insurance and training costs. An additional one-off funding was also received. It was noted that if this th Report of the Partnerships Review Committee – 10 January 2011 447

level of funding was not forthcoming, WWRAG would cease to exist at the end of this financial year (March 2011). Q. Noted that WWRAG is not registered as a charity, which would provide rate relief. A. There was initially some opposition from the WWRAG Management Committee for applying for charitable status but agreement has now been received and an application put forward. However, as the funding is due to cease, the application has been put on hold. WWRAG had also applied for equality status but this application has also been put on hold until the financial situation is known. Q. Have you looked at other methods of fund raising and the rational for charging customers? Do you work with other organisations providing a similar service where specialisms can be exchanged? A. WWRAG did bid for lottery money via Advice Northants but no funding was received. Referrals are made to and from Advice Northants. Q. Community Law Service in Northampton work with Wellingborough Homes to provide a specialist benefit and debt advice service. Is there a natural overlap of services? A. WWRAG deal with benefits. WWRAG receives referrals from Community Law Service and works with SureStart, Social Services and Spire Homes. WWRAG is a not for profit organisation.

It was noted that WWRAG should approach Nene Valley Community Action to seek appropriate support and advice on other sources of funding and partnership working. It was suggested that WWRAG should also register as a charitable organisation to obtain concessionary rate relief and also potentially charge for their services.

The Chairman thanked Mrs Paw, Mr Ainge and Mr Goodger for the informative presentation.

RESOLVED that:

(i) the presentation be noted; (ii) there were no specific matters to be drawn to the attention of the policy committees.

6. NORTHAMPTONSHIRE SPORT

The Chairman welcomed Mr C Holmes, Director of Northamptonshire Sport. Mr C Holmes gave a presentation on the work of Northamptonshire Sport, which operated through a Partnership Group, Executive Board and Themed Strategy Groups to provide opportunities for everyone to be able to access and participate in sport, physical activity and recreation. The aim was to make Northamptonshire one of the fittest, most active and successful sporting counties in England by 2020. The work of Northamptonshire Sport was structured around the Northampton shire Sport and Active Recreation Strategy and was co-ordinated by a Core th Report of the Partnerships Review Committee – 10 January 2011 448

Team, whose role was to facilitate the work of the partnership. A copy of the presentation, Northamptonshire Sport Annual Report and the Northamptonshire Sport and Active Recreation Strategy 2010-2015 were circulated at the meeting.

Mr Holmes responded to questions and comments raised by the Committee, which included the following:

Q. The survey of School Sports Partnership revealed that Wellingborough and East Northants are slightly above average in the county for the percentage of pupils participating in 3 hours PE and out of hours school sport, which is good news for Wellingborough. However, 25% of adults in Northamptonshire are categorised as being obese in comparison with the national indicator of 24%. A. Physical activity is vital to tackling obesity. Northamptonshire Sport’s aspiration is to work 50% with sports clubs and 50% with providing recreational activity that people can do in their own time, e.g. jogging. Q. Northamptonshire Sport is a key partner in the Healthier Delivery Group of the Wellingborough Partnership. It was noted that a lot of money recently passed to NCC from Government for health and well being. Is there any money for sport and will it benefit Wellingborough? A. Nothing has been heard yet on that funding. Meeting to be held with Stephen Horsley of PCT to start discussions on positioning Northamptonshire Sport within the new structure of preventative health when the services are transferred from PCT to NCC. Q. Noted that there are 64 sport volunteers in Wellingborough; what work are they doing? A. Large number of residents in Wellingborough have signed up to be on the sport volunteer data base. Volunteers work at club level 1 coaching course, either as a permanent assistant coach or on an ad hoc basis. Q. What sort of impact will the 2012 Olympics have on sport participation? It was noted there were 6 training camps in the county. With a lot of encouragement, there could be more uptake in sport. A. There was no facility to cater for every sport in Northamptonshire but hopefully Northamptonshire Sport will end up with sections of teams that base themselves in the county. It was noted that a good number of businesses in Northamptonshire are winning contracts in London for the 2012 Olympics. Q. Noted that Northamptonshire Sport divided its time 50/50 to work with clubs and individuals. Would it not be beneficial in the long term to encourage sporting activities with organisations that already have volunteers and structures in place? A. Agreed that sporting clubs were more sustainable in the longer term. However, there was a strategy of providing stepping stones to provide sport, (e.g. running, cycling), to encourage people to join sporting clubs. Q. Noted there was a drop off at the age of 16 in the number of participants in sporting activities. Is this due to examinations? th Report of the Partnerships Review Committee – 10 January 2011 449

A. Northamptonshire Sport has seen the greatest drop off between the ages of 14-16, which ties in with the GCSEs. The greatest problem appears to be with 14-16 year old girls and the challenge is to provide sporting activities that appeal to that gender. Northamptonshire Sport aims to encourage sport prior to the age of 14. Q. A community sports facilities strategy has been undertaken by outside consultants. What is more successful: promoting a large sporting facility or smaller disparate and separate facilities? A. If smaller and separate facilities can be acquired, funding may be available locally. Q. Do all the checks to comply with legislation for coaching at clubs, scouts and other organisations put people off coaching? A. CRB checks have to be undertaken for each individual club. Northamptonshire Sport’s coaching agency is a central coaching agency and requires only one CRB check. The Northamptonshire Sport structure makes it easier for people to obtain and build up coaching hours either in a full or part time capacity.

The Chairman thanked Mr Holmes for the presentation.

RESOLVED that:

(i) the presentation be noted; (ii) there were no specific matters to be drawn to the attention of the policy committees.

The meeting concluded at 9.15pm

Chairman.

th Report of the Partnerships Review Committee – 10 January 2011 450