CABINET Meeting to be held in the New Council Chamber, Town Hall, Beeston, Nottingham, NG9 1AB
24 September 2013 at 6.00pm
16 September 2013
Dear Councillor
You are hereby requested to attend a meeting of the Cabinet to be held at the date/place and time mentioned above for the purpose of transacting the business of the agenda set out below.
Decisions made at this meeting will be published as soon as is reasonably practicable. Urgent decisions which will be shown as asterisked agenda items or as may be determined by Cabinet will be effective immediately. Non-urgent decisions may be called in within 5 working days of this meeting in accordance with standing order X/30.
Yours faithfully
RUTH E HYDE
Chief Executive
To: Members of the Cabinet Other members of the Council (for information)
www.broxtowe.gov.uk A G E N D A
1. APOLOGIES FOR ABSENCE
2. DECLARATIONS OF INTEREST
Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interest in any item on the agenda.
3. MINUTES PAGES 1 – 9
Cabinet is asked to confirm as a correct record the minutes of the meeting held on 3 September 2013.
4. CABINET WORK PROGRAMME PAGE 10
Cabinet is asked to approve its work programme, including potential key decisions.
5. SCRUTINY REVIEWS PAGES 11 – 13
To make members aware of matters proposed for and undergoing scrutiny.
6. SCRUTINY – REVIEW OF THE NIGHT TIME ECONOMY PAGE 14 IN BEESTON, EASTWOOD, KIMBERLEY AND STAPLEFORD
To present the findings of the Sustainable Communities Examination and Inquiry group’s review into the night time economy in Beeston, Eastwood, Kimberley and Stapleford.
7. REFERENCES
7.1 Overview and Scrutiny Committee (OSC) – 11 September 2013 Minute No. 40 – Cabinet Work Programme
Members considered the Cabinet work programme and stated that insufficient notice was given to allow the Committee to conduct pre-decision scrutiny. It was suggested that Cabinet could be asked to request officers include items in the work programme so that the Committee can be aware potential items for scrutiny at a much earlier date.
RECOMMENDED to Cabinet that it CONSIDERS asking officers to forward items for inclusion in the work programme six months in advance.
8. RESOURCES
8.1 LGA Peer Review Position Statement PAGES 15 – 25
To invite Cabinet to consider and approve a position statement for the LGA peer review taking place in November 2013.
8.2 Release of Datasets for Re-Use – Freedom of Information PAGE 26
To seek approval to delegated authority being given to the Deputy Chief Executive to set fees in accordance with the Freedom of Information (Release of Datasets for Re-use) (Fees) Regulations 2013.
8.3 Marketing and Sale of 14 Devonshire Avenue, Beeston PAGES 27 – 28
To seek Cabinet approval to market and sell 14 Devonshire Avenue, Beeston, for conversion to a residential dwelling.
8.4 Proposal of Fees for Scrap Metal Dealers PAGES 29 – 30 Act 2013 Applications
To seek approval for the proposed fees and charges associated with the new Scrap Metal Dealers Act 2013.
9. ECONOMY AND REGENERATION
9.1 Strategic Housing Land Availability Assessment PAGES 31 – 33
To advise members of progress in reviewing the Council’s Strategic Housing Land Availability Assessment and obtain approval to publish the SHLAA which will inform the upcoming Site Allocations Issues and Options consultation.
9.2 Site Allocations Development Plan Document – PAGES 34 – 64 Issues and Options Consultation
To seek approval from Cabinet to go out to consultation on the Site Allocations Issues and Options and the separate Sustainability Appraisal Scoping Report.
9.3 Ashfield Local Plan Publication Document PAGES 65 – 67
To consider the Ashfield Local Plan Publication Document.
9.4 Nottingham and Nottinghamshire Traveller PAGES 68 – 71 Accommodation Assessment Methodology
To present the final version of the Nottingham and Nottinghamshire combined methodology for preparing a Gypsy and Traveller Accommodation Assessment following a technical consultation.
10. ARTS, CULTURE AND LEISURE
10.1 New Leisure Centre Development PAGES 72 – 78
To seek support in principle to the development of a new leisure centre on the proposed Oxylane site and the agreement of outline Heads of Terms for a lease.
CABINET
3 SEPTEMBER 2013
Present: Councillor M Radulovic MBE, Chair
Councillors: M Brown R I Jackson P Lally J M Owen R S Robinson I L Tyler
An apology for absence was received from Councillor D K Watts.
55. DECLARATIONS OF INTEREST
There were no declarations of interest.
56. MINUTES
The minutes of the meeting held on 30 July 2013 were confirmed and signed.
57. CABINET WORK PROGRAMME
RESOLVED that the work programme, including key decisions, be approved.
Reason The items included in the work programme will help to achieve the Council’s key priorities and associated objectives.
58. SCRUTINY REVIEWS
Cabinet noted the matters proposed for and undergoing scrutiny.
59. SCRUTINY – REVIEW OF SOCIAL ENTERPRISES
The Chair of the People and Places Examination and Inquiry Group presented to Cabinet the report into social enterprises. The Portfolio Holder for Arts, Culture and Leisure stated that he would consider the report before returning to a future meeting of Cabinet.
RESOLVED that the report be received and the Portfolio Holder report back in due course on the matters arising from the review.
1 Reason To enable further consideration to be given to the recommendations arising from the review, which will assist the Council in achieving its corporate objectives.
60. REFERENCES
60.1 Overview and Scrutiny Committee (OSC) – 31 July 2013 Minute No. 27 – Service Delivery and Financial Plans – Outturn 2012/13
The OSC considered significant variances in the financial outturn against revised budgets for 2012/13 and progress against the delivery plans in respect of the Council’s priority areas and key support functions.
Cabinet members stated that the report signified the on-going work that was necessary at the authority.
RESOLVED that the reasons for the financial variations as listed at appendices A to H in the report be approved.
Reason This will assist with all of the Council’s priorities.
61. CONSULTATION: NOTTINGHAMSHIRE HEALTH AND WELLBEING STRATEGY 2014 -16
The Council had been consulted on the proposed priorities of a new Health and Wellbeing Strategy for Nottinghamshire to cover the period 2014-16. The consultation on the draft Health and Wellbeing Strategy for Nottinghamshire for 2014/16 runs until 26 September 2013.
Members considered the proposed responses and suggested that an end of life strategy be considered to enable those concerned to remain in their homes rather than having to move to other areas. It was also suggested that further prioritisation be given to the area of mental health in addition to providing assistance to those who wished to set up social enterprises within this field.
RESOLVED that the response to the Nottinghamshire Health and Wellbeing Strategy, with minor amendments, be approved.
Reason This will assist with the Council’s vision of listening and responding to ensure the delivery of efficient and effective services.
2 62. RESOURCES
62.1 Government Consultation – Local Government Finance Settlement 2014/15 and 2015/16
On 25 July 2013 the Department for Communities and Local Government (DCLG) published a consultation paper detailing a number of proposals affecting the local government finance settlements for 2014/15 and 2015/16.
Members considered suggested responses within the consultation paper relevant to this authority and the effects on this Council. It was agreed that the suggested response to question 1 concerning the implementation of the 1% reduction to the Local Government Department Expenditure limit be amended to read: “The authority is opposed to cuts that disproportionately affect authorities such as Broxtowe. If the government insists on such cuts, then the proposal appears reasonable.”
RESOLVED that the responses to the questions raised as set out in the appendix, with a minor amendment, be approved.
Reason This will assist with the Council’s objective to deliver value for money.
62.2 Government Consultation – New Homes Bonus and Local Growth Fund
As part of the Chancellor’s Spending Round 2013 statement of 26 June 2013, it was announced that £400m of new homes bonus money would be top sliced and re-allocated proportionately to the Local Enterprise Partnership (LEP) for the respective local authority area to form part of a £2bn Local Growth Fund under the control of the LEPs. The government produced a consultation paper regarding the principles and methodology behind this issue, a response to which is required by 19 September 2013.
RESOLVED that the responses to the questions raised as set out in the appendix be approved.
Reason This will assist with the Council’s priority around jobs and business growth and the objective to deliver value for money.
62.3 Local Authority Mortgage Guarantee Scheme
On 30 July 2013 Cabinet gave delegated approval to the Deputy Chief Executive, in consultation with the housing and resources portfolio holders, to move forward on discussions to establish a Local Authority Mortgage Guarantee Scheme (LAMS) in Broxtowe. Subsequently, officers met with the County Council and the basis of such a scheme was agreed. Members requested they be kept updated in the future as to the opinions of the financial sector regarding LAMS and any effects on house prices.
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RECOMMENDED to Council that:
1. A LAMS in the Broxtowe area with a total indemnity value of £1 million be approved, subject to match funding from Nottinghamshire County Council of £0.5 million, through Lloyds TSB. 2. The eligibility for the scheme referred to will be limited to first time buyers looking to acquire other than new properties and with a maximum loan value of £142,500. 3. A capital scheme to the value of £1 million be added to the Council’s 2013/14 capital programme funded in equal parts through a contribution from the County Council and borrowing. 4. The Minimum Revenue Provision (MRP) Policy within the Treasury Management Strategy and the Investment Strategy be amended to reflect the intention to make no MRP for the borrowing incurred and to reflect the circumstances leading up to a five year deposit as set out in this report. 5. The Deputy Chief Executive, in consultation with the Monitoring Officer, be authorised to determine the qualifying postcodes for the scheme and agree the detailed financial and contractual arrangements with Lloyds TSB. 6. The additional premium interest earned on the five year deposit be retained in an earmarked reserve towards the cost of any defaults that may occur. 7. The Monitoring Officer be authorised to give an opinion letter as required to Lloyds TSB. 8. The Council enter a deed of indemnity with the Monitoring Officer in respect of any opinion letter he gives, the form of such letter to be approved by the Deputy Chief Executive.
Reason 1. to 7. This will assist with the Council’s housing priority and the desire for continuous improvement and the delivery of value for money.
62.4 Regulation of Investigatory Powers ACT 2000
On 18 December 2012 Cabinet approved the Council’s Regulation of Investigatory Powers ACT 2000 (RIPA) policy and guidance. The Council’s processes in respect of RIPA are inspected by the Office of Surveillance Commissioners approximately every three years. The Council’s inspection took place on 11 April 2013. Minor amendments to the Council’s policy were recommended and these were incorporated into the policy and guidance document.
RESOLVED that the RIPA policy and guidance be amended in accordance with paragraph 24 of the report of the Office of Surveillance Commissioners.
4 Reason This will assist with the Council's priorities of making Broxtowe a place where people feel safe and secure in their communities.
63. HOUSING
63.1 Housing Services Annual Report 2012/13
Members considered the Housing Service Annual Report 2012/13 and highlighted the comprehensive extent of the service.
RESOLVED that the Housing Services Annual Report 2012/13 be approved.
Reason This is a regulatory requirement of the Homes and Communities Agency and will assist accordance with the Council’s housing priority.
63.2 Older Persons’ Housing Strategy
Members considered the new Older Persons’ Housing Strategy which provides an over-arching review of housing and housing related issues and details how the Council intends to provide a service that meets the needs of the borough’s older population by promoting independence and offering a range of housing options. It was stated that the style of language in the Strategy should be reconsidered in order to make it easier for residents to understand.
RESOLVED that the four priorities as identified in the report for the Older Persons’ Housing Strategy be supported and approve consultation with tenants and partners of the Council.
Reason This will assist accordance with the Council’s housing priority.
63.3 Acquisition of Former Police Station, Toton Lane, Stapleford
The former police station occupies a position on the corner of Nottingham Road and Toton Lane in Stapleford, with other council owned land in the immediate vicinity. Members considered the acquisition of the freehold of the former police station and stated that local people be consulted on the future use of the building.
RESOLVED that:
1. To approve the acquisition of the former Police Station at Toton Lane, Stapleford at a cost of £165,000 plus £1,650 towards the seller’s legal costs, to be funded from the Housing Revenue Account balance
5 2. To establish a working group to oversee the options for the redevelopment of the Council’s assets in the immediate vicinity and report its findings to a future meeting of the Cabinet.
Reason 1. and 2. This will assist with the Council’s values around continuous improvement and delivering value for money.
64. ECONOMY AND REGENERATION
64.1 Grants to Voluntary and Community Organisations, Charitable Bodies and Individuals Involved in Sports, the Arts and Disability Matters 2013/14
The Cabinet considered three applications for grant aid.
RESOLVED that the applications be dealt with as follows: £ Voluntary Action Broxtowe (including Beeston 7,500 Job Club) Kyra Edwards 100 Joe Humphries 100
Reason The grant aid will assist in achieving the Council’s key priority of bringing people together through the objective of encouraging healthy participation in arts, culture and leisure.
64.2 Citizens Advice Broxtowe – Grant Aid 2013/14
Cabinet considered an application for grant aid from Citizens Advice Broxtowe (CAB). Previously Cabinet had resolved that the level of funding to the bureau should be determined annually on the basis of its achievement against a set of specified expected activities and outcomes. Members stressed the importance of the work of CAB to the residents of Broxtowe when considering the amount of people who use the service.
RESOLVED that a grant of £73,757 to Citizens Advice Broxtowe in 2013/14 be approved.
Reason To support the work of the bureau which will assist in achieving the Council’s key priority of listening, learning, responding and reacting to local people through community engagement.
6 65. ENVIRONMENT
65.1 Broxtowe Borough Council (Civil Enforcement Off-Street Parking Places) Order 2013
Cabinet received reports on 2 April and 4 June 2013 which set out the reasons to seek to introduce a replacement off-street parking order. Members considered objections received.
RESOLVED that the Broxtowe Borough Council (Civil Enforcement Off-Street Parking Places) Order 2013 be made.
Reason This will assist with the Council’s cross cutting theme of cost effectiveness.
65.2 Capital Programme 2013/14 – Proposed Improvement Works at Inham Nook Recreation Ground, Chilwell
Cabinet was informed of the success in securing WREN funding for work at Inham Nook Recreation Ground in addition to receiving an update on the capital estimates for the project.
RESOLVED that the revised capital estimate totalling £308,078 for works at Inham Nook Recreation as set out in the appendix of the report be approved.
Reason This will assist with the Council’s environment and bringing people together priorities.
65.3 Collection of Stray Dogs
Under the Environmental Protection Act 1990 Broxtowe Borough Council has to provide a statutory service for the collection of stray dogs. There are approximately 210 stray dogs collected each year and currently the Council uses Babbington Hall Kennels as an acceptance point for any stray dogs that are collected. The Council pays any associated inoculations and vets fees and will pay for a dog to be boarded for up to nine days. Cabinet considered entering into a 5 year contract for the temporary homing of stray dogs at Babbington Hall Kennels.
RESOLVED that an exception to Standing Orders be approved in order that the contract for temporary homing of stray dogs be awarded to Babbington Hall Kennels for 2013/14 to 2017/18.
Reason This will assist with the Council’s objective to deliver value for money.
7 66. EXCLUSION OF PUBLIC AND PRESS
RESOLVED that, under Section 100A of the Local Government Act, 1972, the public and press be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Schedule 12A of the Act.
67. RESOURCES
67.1 Beeston Town Centre – Lease re The Square
RESOLVED that the lease with Henry Boot in respect of The Square be changed to a 250 year period, with the Council receiving a revenue sum, 20% of net rents and a reduced ground rent as set out in the report and with such a lease not commencing unless the refurbishment of The Square is completed by 30 November 2014.
Reason This will assist with the Council’s priority around jobs and business growth and the need to deliver value for money.
67.2 Provision of an in-house Gas Servicing and Maintenance Service
RESOLVED that:
1. The contract for the provision of gas servicing and maintenance for the Council’s housing stock be carried out in-house as from 2 December 2013. 2. A temporary Project Manager be recruited to assist with the transition of this contract. 3. Changes to the establishment be made to accommodate the TUPE transfer of existing staff from Carillion Energy Services. 4. An additional capital budget allocation of up to £146,400 be approved to assist in the mobilisation process as set out in the report, to be funded from within the overall Housing Revenue Account capital programme if possible, or from revenue resources of this proves to be unachievable.
Reason 1. to 4. This will assist with the Council’s objective to deliver value for money.
67.3 Extension to the Banking Contract
RESOLVED that the offer from the Cooperative Bank to extend the banking contract for a further year on amended terms be approved.
Reason This will assist with the Council’s objective to deliver value for money.
8 67.4 Voluntary Redundancy Applications
RESOLVED that supported and unsupported recommendations by officers for voluntary redundancy be approved in accordance with the report.
Reason This will assist with the Council’s cross cutting theme of cost effectiveness.
9 CABINET 24 September 2013
Report of the Deputy Chief Executive
CABINET WORK PROGRAMME
1. Purpose of report
Cabinet is asked to approve its work programme, including potential key decisions that will help to achieve the Council’s key priorities and associated objectives.
2. Detail
The work programme for future meetings is set out below:
Tenancy policy 15 October 2013
Scrutiny – Review of Social Enterprises: Portfolio Holder’s response
*+ICT Network replacement
+Purchase of Compact Sweeper
+Clearance Services for Void Properties
Grant aid requests from parish and town councils
Countywide car parking partnership 5 November 2013
*Local Council Tax Support Scheme
Budget variations
*+Sale of The Hassocks 26 November 2013
* Key decision +Private decision
Recommendation
Cabinet is asked to RESOLVE that the work programme, including key decisions, be approved.
Background papers Nil
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CABINET 24 September 2013 Report of the Deputy Chief Executive
SCRUTINY REVIEWS
1. Purpose of report
The purpose of this report is to make members aware of matters proposed for and undergoing scrutiny. This is in accordance with all of the Council’s priorities.
2. Background
Cabinet is asked to give consideration to the future programme and decision- making with knowledge of the forthcoming scrutiny agenda. It also enables Cabinet to suggest topics for future scrutiny.
3. Detail
The Overview and Scrutiny Committee (OSC) and Examination and Inquiry Groups (EIGs) are considering their respective topics as follows:
• OSC – governance arrangements • People and Places EIG – dementia friendly communities • Services EIG – travelling communities • Sustainable Communities EIG – section 106 monies
Topics scheduled for review are contained within the appendix.
Recommendation
Cabinet is asked to NOTE the report.
Background papers Nil
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CABINET 24 September 2013
APPENDIX Topics under or scheduled for review: Topic Group Start Proposed Lead Officer Portfolio date/scheduled cabinet Holder start date submission
Car parking in Beeston, OSC Working 27/01/12 Interim reports Head of Cllr R S bus /coach stop and Group as necessary Environment Robinson layover facilities in Beeston, pre and post the tram
Governance arrangements OSC 11/09/13 To be confirmed Head of Cllr P Lally Legal Services
Travelling communities Services EIG 04/03/13 17/12/13 Head of Cllr I L Tyler Legal Services
Dementia friendly People and Places 10/07/13 To be confirmed Chief Cllr I L Tyler communities EIG Executive
Section 106 monies Sustainable 02/09/13 To be confirmed Director of Cllr D K Communities EIG Housing, Watts Leisure and Culture/Head of Planning
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CABINET 24 September 2013
Topic Group Start Proposed Lead Officer Portfolio date/scheduled cabinet Holder start date submission
Gender pay gap OSC To be confirmed To be confirmed Head of Cllr P Lally Human Resources
Implications of HS2 People and Places To be confirmed To be confirmed Head of Cllr D K EIG Planning Watts
Behavioural change Sustainable To be confirmed To be confirmed Chief Cllr I L Tyler Communities EIG Executive
The Council's website Services EIG To be confirmed To be confirmed Head of ICT Cllr P Lally
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CABINET 24 September 2013
Report of the Sustainable Communities Examination and Inquiry Group
SCRUTINY REVIEW – THE NIGHT TIME ECONOMY IN BEESTON, EASTWOOD, KIMBERLEY AND STAPLEFORD
1. Purpose of report
To present the findings of the Sustainable Communities Examination and Inquiry group’s (EIG) review into the night time economy in Beeston, Eastwood, Kimberley and Stapleford. This is in accordance with the Council’s corporate priorities of jobs and business growth, community safety and bringing people together.
2. Background
The purpose of the review was to consider the following:
• to examine each of the town centres and assess the current situation and if it is working effectively • to draw comparisons with other similar town centres and identify examples of good practice which could be implemented in Broxtowe • to enhance the vitality and viability of the town centres
The report is circulated with this agenda, which includes recommendations, and will be presented by the Chair of the EIG.
Recommendation
Cabinet is asked to RECEIVE the report and REFER it to the relevant portfolio holder for consideration.
Background papers Nil
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CABINET – Resources 24 September 2013
Report of the Chief Executive
LGA PEER REVIEW POSITION STATEMENT
1. Purpose of Report
To invite Cabinet to consider and approve a position statement for the LGA peer review taking place in November 2013, in support of the Council’s vision to ensure the delivery of efficient and effective services.
2. Background
In March 2013 Cabinet agreed a scope for the LGA peer review, which is taking place from 19th to 21st November 2013.
The appendix sets out a position statement for the review, intended to reflect on the Council’s context, its priorities, achievements and areas for improvement. It also contains reference to how the Council provides services for older people, which is one of the areas of focus for the review. The wording which is underlined in the document provides live links to background information.
Recommendation
Cabinet is asked to consider the position statement for the LGA peer review, agree to APPROVE or AMEND the document accordingly and delegate to the Chief Executive the ability to make minor amendments to the document to ensure it remains up to date.
Background Papers Nil
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CABINET – Resources 24 September 2013
APPENDIX
Position statement: Peer Review of Broxtowe Borough Council November 2013.
Profile of Broxtowe Borough Council
Broxtowe Borough Council serves a population of 109,487 people (2011 census data). It covers an area of land of 81.08 square kilometres (31 square miles), making the borough one of the most densely populated areas in the East Midlands. Its urban area to the south forms the communities of Beeston, Chilwell, Bramcote, Stapleford, Attenborough Toton and part of Trowell, which together make up 60% of the borough’s population. The north is more rural, with the largest settlements being Eastwood and Kimberley. A more detailed profile of Broxtowe has been prepared. To address the needs of the population and articulate the Council’s priorities, a corporate plan 2012-16 was unanimously approved by Broxtowe's councillors. If you have fifteen minutes to spare you might like to take a look at the Council's corporate video, which the Council uses to introduce new employees to what it does, and to enable them to catch a glimpse of some of the landscape and key places of interest within Broxtowe.
Set out in this position statement is a summary of the Council’s achievements and current activities under the headings contained in the corporate plan and an assessment of the areas where we think we need to improve further.
There are 44 councillors representing residents on the Council, Labour (17) work with the Liberal Democrats (9) to form the ruling group. The Council has a Labour leader. The Conservatives have three seats on the cabinet which forms the main executive decision making body (Labour 3 and Liberal Democrats 2), but do not hold portfolio responsibility. There is an active scrutiny function as evidenced by the latest annual report 2012/13.
The Council has retained most of its services in house (Council house modernisation and gas installation being the main externally contracted services). It has a track record of delivering high quality, cost-effective services. In 2013 six Council projects from six different service areas were named as APSE (Association of Public Service Excellence) finalists 2013 (more than any other authority in the country).
What matters most to us is what our residents think. A resident satisfaction survey 2012 conducted independently found that 72% of residents were satisfied with the way the Council runs things. This is a figure which has risen fairly steadily for a number of years. 86% of respondents were satisfied with Broxtowe as a place to live.
The Council has worked hard to reduce its expenditure in line with government cuts. A summary of how it has achieved this for 2011/12, 2012/13 and 2013/14 is explained. The Council has adopted a fourfold approach. Firstly, raising income (principally from leisure centre attendances). Secondly, efficiency (principally, reducing the headcount from 772 in 2009/10 to 725 in 2011/12 without compulsory
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CABINET – Resources 24 September 2013 redundancies) and through the use of shared services. We now have shared service arrangements for ICT (with Rushcliffe BC and Newark and Sherwood DC), business rates recovery and benefit fraud (with Ashfield DC), property management (also with Ashfield), CCTV management (with Newark and Sherwood and Ashfield DC); and a crematorium and burials service (with Erewash BC). The South Nottinghamshire Community Safety Partnership shares a performance analyst and a variety of other jointly commissioned services. Thirdly, through redesign, including a successful approach to business transformation. Finally, in a very limited number of cases we have raised prices. We have kept the council tax frozen for the last three years and have remodeled the pay structure to achieve the living wage (subject to collective agreement with the trade unions). Our plans for rising to the challenge of the next period of government cuts are kept under regular discussion and review by the multi-party Budget Working Group.
HOUSING 2012/13 The housing needs of the borough, a need for affordable homes, changes in household size, coupled with a growing elderly population make housing an important priority. The Council's Housing Strategy 2010-15 highlights our local priorities for housing, which are:
• delivering decent homes • providing new and affordable homes • developing safe and inclusive communities • special and supported housing needs
We have recently started to consult on a new Older Persons' Housing Strategy and look forward to incorporating any relevant observations and feedback from the peer team into a new strategy.
The Housing service has produced an annual report 2012/13 giving some facts and figures relating to the housing service for 2012/13.
During 2012/13, 40 empty homes were brought back into use (54 the previous year). This steady work contributes to ensuring the borough’s public and private housing stock is efficiently utilised and was achieved through using some new homes bonus receipts to employ an empty homes officer.
The Housing service continue to lead the way the in the development of Homesearch, Broxtowe Borough Council’s Choice Based Lettings Scheme. In 2012/13 the number of housing applicants rehoused was 656. Of this number 419 properties are owned by Broxtowe Borough Council and 237 properties are owned by the 12 Registered Housing providers with properties in the Borough of Broxtowe.
Three hundred and thirty five people, (one of the highest figures in recent years), were prevented from becoming homeless in 2012/13 through the work of the Council’s homeless prevention team. The team use innovative methods including prison visiting, supporting the Broxtowe youth homelessness project, and extensive work with private landlords. The Broxtowe inter-agency homelessness strategy
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CABINET – Resources 24 September 2013
2008-13 was devised in partnership with neighbouring districts and ensures good co-ordination across boundaries.
A retirement living restructure (we own 1,464 units of sheltered accommodation) was undertaken in 2012 and resulted in a new “retirement living” branded product. Our retirement living officers carried out 203,899 visits to frail elderly people living in both Council owned and privately rented accommodation during 2012/13.
100% of the 4,700 council homes owned by Broxtowe meet the decent homes standard. 73% achieve the “Broxtowe standard”, which is a higher specification notably including security features. Following favourable Housing Revenue Account changes, £8m a year is being invested in housing through the Housing Revenue Account capital programme.
Tenant satisfaction is 85%, based on a survey completed by Housemark around 1,539 survey returns in 2012.
Broxtowe Borough Council facilitates and chairs the Greater Nottingham Joint Planning Advisory Board, which is a unique partnership, crossing county boundaries, to focus on the housing needs of authorities within the housing market area. An aligned core strategy has been drawn up and submitted for examination. Oral hearings take place in October and November 2013. For Broxtowe, 6,150 new homes are planned over the 15 year period covered by the plan. The Council recently referred to the Secretary of State (SoS) a planning application to build 450 homes at Field Farm. The Council has a 5.7 year land supply if the SOS approves the application, which the Council has recommended for permission. The Council also granted planning permission recently for 130 units of affordable housing on land which it part owns in Beeston. This is now on the market.
Recognising the need for affordable housing in Broxtowe, the Council recently committed to an investment of up to £2.3 million to secure an additional £600,000 from the Homes and Communities Agency, as part of a partnership with Nottingham Community Housing Association to deliver up to 144 affordable homes on six sites, including underused or derelict land in the Council’s ownership. The scheme includes new bungalows for older people, as well as accommodation for people with learning disabilities, which is enabling the redevelopment of outdated accommodation that is no longer felt to serve the needs of older people well. The latest scheme follows on from an affordable housing project in 2011 when 25 units of affordable housing were built on sites in Chilwell and Stapleford through a partnership led by the Council.
Areas for improvement: We need to review and improve upon the way in which we deal with anti-social behaviour. To improve our approach, an action plan has been drawn up and is being implemented. Following a decision of the gas maintenance contractor, Carillion, to terminate its contract with the Council early, the service is being taken back in house and new gas installations are being re- tendered. This transition needs careful management. Increasing the rate of house building in Broxtowe is a challenge and requires the Council to take a positive role, removing blockages to development and playing a leadership and facilitating role with its own surplus assets. The Council has a plan in place to produce
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CABINET – Resources 24 September 2013 development plan documents flowing from the core strategy as well as to work with a number of town and parish councils to produce Neighbourhood Plans. Adopting a position on the community infrastructure levy is also required.
BRINGING PEOPLE TOGETHER
Broxtowe has a very diverse population. It is also quite unequal in terms of the levels of wealth and health that people enjoy. The Council aims to use sport, leisure, arts and culture to bring people together and ensure everyone, regardless of racial origin, level of income, level of physical ability or age, has the opportunity to socialise, exercise, relax and enjoy Broxtowe’s diversity and heritage.
The Council is proud of its four leisure centres (at Bramcote, Chilwell, Kimberley and Eastwood). Take a virtual tour of Bramcote Leisure Centre. Both leisure centre attendances and income generated from these facilities has risen impressively (by £375,000 over the last three years) thanks to a combination of wise investment in the facilities and improved marketing. By investing in swimming development, the Council now runs one of the largest swim schools in the East Midlands and is able to offer children aged less than 18 free swimming in the school holidays. Football development has also been successful and reaches all groups – young, old, female and male, people of different ethnic origins and people with disabilities. An outreach programme run by Broxtowe Sport promotes inclusion and participation and is guided by a newly adopted Sport Strategy 2013. Examples of our work include leisure activities for older adults , health exercise referral schemes which include cardio health and mental health projects, and projects like the "Nifty Fifty" club and the "Strictly Fifty" annual dancing competition.
Broxtowe has also actively participated in Older person's week 2012 and again in 2013.
The Council works in partnership to provide a well-attended Arts and events programme 2013 including activities such as the Hemlock Happening 2013, attracting up to 10,000 people and the Eastwood Arts Festival 2013. Many of the events are free including Christmas lights switch-on events, and free playdays, to ensure that families on lower incomes can participate. Eastwood is home to the award winning D H Lawrence Heritage and the annual D H Lawrence Festival is internationally renowned.
Over the last few years, the percentage of residents who feel that people in Broxtowe with different backgrounds get on well together has steadily risen (currently 80%, which is the best in Nottinghamshire). The Council was judged “achieving” after external peer review under Equalities Framework for Local Government. The Council is active in tackling child poverty and reports regularly on its child poverty pledges progress. Good partnership working within the Broxtowe Local Strategic Partnership through its “Positive Communities” task group and the “Celebrations” sub-group also promote good relationships between people from different ethnic backgrounds. The Broxtowe Health Partnership, which reports to the Strategic board, the Children and Young People’s task group, the Economic Development task group and the South Nottinghamshire Community Safety Partnership all ensure that the Council works well in partnership with other public,
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CABINET – Resources 24 September 2013 private and voluntary sector agencies and is further evidence of a commitment to “bring people together”.
Since the restructure of the health service, the Broxtowe partnership group has revised the terms of reference of the Health task group and started a new sub- group to deal with the increasingly apparent needs of older people living in Broxtowe. The group is in the process of planning a series of events to celebrate “Older Person’s Week” 2013. A special focus on the work of this group is planned during the partnership’s annual celebration event later in 2013, with a view to a new action plan being drawn up. It is also hoped the feedback and input of the peer review team will inform this document.
An initiative the Council created is the "Bridge the Gap" project . This was originally devised to address a negative perception of young people in the eyes of older people, and sought to bring the generations closer through a range of projects which enabled old and young to work together (for example, older Afro-Caribbean’s teaching young people to cook; young people teaching older people how to play Wi-games, older people teaching young people to bowl and so on). Videos of the project were produced by students from Nottingham Trent University in 2012 and made available on YouTube. The Council has tried to maintain this approach through occasional events.
The Council is also keen to encourage and develop democratic participation, engaging with the local community through a network of 22 Community Action Teams which meet with local residents on a mostly quarterly basis, and it supports a Youth Council and enables its Youth Mayor to participate in full Council meetings.
The voluntary sector is also supported through grants amounting to over £150,000 a year.
Areas for improvement: The borough’s leisure facilities are ageing and, though increasingly well used, we need a refresh of our leisure facilities strategy. Talks are ongoing with external partners regarding potential new facilities. We also need a long term refresh of the D H Lawrence heritage offering and are engaging in externally facilitated strategic thinking. It will become increasingly difficult to maintain the breadth of activities offered under this priority heading as the spending cuts bear down on the Council’s funding position.
Jobs and Business Growth
Since 2008, this area of activity has assumed increasing importance. The economic challenges facing Broxtowe, and Nottinghamshire more widely, are set out in the strategic economic assessment for the county. Broxtowe has an Economic Regeneration Strategy 2010-13. Under this framework the Council offers business accommodation, which is well taken up, and works to support local businesses through a variety of business networking and training opportunities. We encourage local businesses to take up procurement opportunities advertised on our website and this is supported by a new Commissioning and Procurement Strategy.
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We have a Local Enterprise Zone (LEZ) partly within our area and are working closely with Alliance Boots, the site owners, and the new owner of Beeston Business Park to bring forward plans for redevelopment which will result in more local job opportunities. The LEZ is supported by a package of £22m in funding from a variety of sources but is welcome investment which will support employment creation in Broxtowe. Proximity to the University of Nottingham is an asset to Broxtowe, which ranks 79 out of 408 districts on our industrial structure score according to the ‘Local Futures’ organisation, indicating a high proportion of knowledge intensive employment.
We recognised that we needed to put more support behind our town centre retailers, struggling as a result of the recession, so we employed a new Town Centre Manager to focus on the towns of Eastwood, Kimberley and Stapleford. This is leading to the setting up of town teams for these areas and the development and implementation of action plans. In Beeston we are supporting the Beeston BID team to promote the attractiveness of Beeston as a town centre, particularly whilst there is traffic disruption due to the Tram extension works. We recently gave permission for a redevelopment of Beeston Square and will work next to achieve the successful completion of phase 2 of the project. Town centre vacancy rates are now below average so we believe our activity is having a positive impact.
The Council supports work experience and apprenticeship opportunities for young people. The number of apprentices the Council employs has risen to 14, whilst through the large contract the Council has with its housing modernisation provider, Bullocks, further annual apprenticeship and learning opportunities are offered. We also support job clubs and targeted work within ward areas of higher unemployment to promote access to learning and employment opportunities.
Areas for improvement: The Council needs to refresh its economic development strategy in the light of a new county growth plan. It needs to ensure it has “shovel ready” proposals for economic growth if it is to be successful in achieving further regeneration and job opportunities through the increasingly competitive process of bidding for funds through the new LEP growth pot. Stubborn areas of higher unemployment in more deprived wards continue to need attention. In the longer term, if the HS2 proposals come to pass and Toton becomes the East Midlands only station stop, there will be further opportunities to capitalise on Broxtowe’s extraordinary strategic links with other core cities.
ENVIRONMENT
The people of Broxtowe care passionately about the environment and the precious green space that we have in the borough. The corporate plan’s priority reflects this feeling. Current recycling and composting rates are running at 46.4% whilst the amount of residual refuse is falling. We are steadily making progress towards our recycling goal of 50%, a target set in our Waste and Recycling Strategy, which is now being reviewed. Incremental improvement, targeting areas of low participation and supporting those who wish to compost more have been successful tactics. Unlike other authorities in Nottinghamshire, Broxtowe does not impose a charge for
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CABINET – Resources 24 September 2013 green waste collection. On the contrary, the Council recently expanded its trade refuse collection scheme to include a recycling service.
The Council has a Carbon Management Plan and is steadily reducing CO2 emissions emanating from its own operations. It is aiming to make a 34% reduction in emissions by 2020.The Council has an “invest to save” approach which has helped to guide its activities through diverse projects such as installation of LED lights, a liquid insulation cover for Bramcote Leisure Centre’s swimming pool and a project which, after sensitive consultation, sees the reuse of heat from the crematorium used to power the crematorium offices and buildings. Data collection runs a year behind, but in 2011/12 emissions reduced by 13% on the previous year.
An ambitious tree planting programme, engaging with voluntary groups, schools and local people to plant trees, has resulted in over 50,000 trees being planted in Broxtowe. The Council aims to plant 100,000 by 2016.
The Council is active in its desire to preserve and enhance the environment. The Nature Conservation Strategy 2009-14 guides our working with a wide range of partners. The borough is particularly proud of its partnership with Nottinghamshire Wildlife Trust, which helped to create in 2005, and continues to support, the world renowned Attenborough Nature Reserve. Over recent years the total number of nature reserves in the borough has risen to 13, covering a total of 105.4 hectares, very close to Natural England’s guideline of 107 hectares. Broxtowe successfully led a partnership bid to gain £600,000 of green infrastructure funding, resulting in the creation of the thirty mile Erewash Valley Trail which links up with Attenborough Nature Reserve. Following on from this a green infrastructure strategy is being commissioned to identify further opportunities
With two “green flag” parks and two “green pennant” areas of open space, the Council works hard to make sure local parks and open spaces are well maintained. It is now working to devise its own “Broxtowe” standard in consultation with local people. The programme of investment in its parks and open spaces has been guided by the borough’s Open Spaces Strategy 2009-19.
Incremental improvements in street cleansing and the engagement of community effort has helped this service improve. The Clean Britain Award judges, which gave Broxtowe “ five stars” and the silver award in the medium sized population category in 2012, praised the Council for the “very high standard of cleanliness across the borough's streets”, with Broadgate Park, Beeston and Main Street, Kimberley both achieving perfect 100% scores in the independent assessment. The assessment process involved anonymous, independent inspections which were carried out in Beeston, Bilborough, Brinsley, Eastwood, Kimberley and Nuthall.
Areas for improvement: The Council’s aspirations to increase its use of renewable energy were set back by changes to the Renewable Heat Income. The Council needs to rethink its approach to this area of activity and come up with deliverable plans. Working to maintain and improve standards against the backdrop of financial pressures will re-emphasise the need for successful business transformation (a programme of which is under way in this area of activity).
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COMMUNITY SAFETY
Through effective partnership working the Council has progressed some way in reducing crime and disorder, rising from fifteenth out of fifteen to second compared with other members of its most similar family group. Although Broxtowe is a good deal safer, local people want us to maintain community safety as a priority.
All crime reduced by 13.5% in 2012/13 compared with the previous year. In Eastwood South, which had been selected as a “priority area”, crime reduced by 16% The Council has current action plans to address serious acquisitive crime, violence and community safety issues in Eastwood South.
Reporting of domestic violence increased by 20% in 2012/13 compared with the previous year (it had been planned to increase reporting) and domestic crime reduced by 4.7%, which was short of what we had targeted to achieve. The Borough Council recently committed additional resources to address domestic violence and made co-ordination efforts to improve responsiveness to vulnerable victims, which resulted in new local structures to prevent repeat offending. The Sanctuary scheme protected two vulnerable victims during 2012/13, and 148 hours of domestic violence outreach work supported victims of domestic violence.
Work with troubled families in Broxtowe continues as a partnership effort, with County Council workers co-located with Community Safety officers and Police officers in Beeston, providing better opportunities for co-ordinated working and information sharing. The project is having a measureable impact on reducing anti- social behaviour, reducing school absence and helping families turn round challenging behaviour by better co-ordination of support.
There have been numerous activities to address serious acquisitive crime including use of “Shopwatch”, work to address bilking and scrap metal theft, promoting security of garden sheds, use of smartwater to protect vulnerable victims, high visibility patrols and targeted work in areas where the problem has become more serious. Serious acquisitive crime reduced by 10.6% during 2012/13, but sustaining this progress has been a challenge during the first part of 2013/14.
The South Nottinghamshire Community Safety Partnership addressed violent crime during 2012/13, reducing this type of crime by 7.6% in Broxtowe. We introduced an innovative approach in a couple of schools by raising awareness of the dangers and consequences of violent behaviour. The pub watch scheme was also used, along with CCTV operations and number plate recognition systems. Compared with our most similar family group members, Broxtowe’s position improved last year compared with the year before.
The Council is mindful of the impact of crime and disorder on older people. It recently commissioned a study in relation to burglary and found the extent to which older people are more likely to be subject to distraction burglary. This is helping to inform action to address the problem.
Areas for improvement: Domestic violence has been and continues to be an area of concern and activity. A special project in Eastwood South focused on the top 10
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CABINET – Resources 24 September 2013 repeat victims and endeavoured to learn how we can more effectively reduce repeat domestic violence crime. Connecting victims to support services seems to be important to prevent re-victimisation. Anti-social behaviour work resulted in a dramatic reduction of 35% in this type of crime, however, as previously acknowledged there remains further work to do particularly within the Council’s social rented and private rented stock. Diversionary activities, “op animism” and some private sector housing enforcements all helped to address the problem of anti-social behaviour during 2012/13.
OTHER RELEVANT INFORMATION
The Council is deeply concerned about the effects that the changes to various housing and welfare benefits may have on some of the most vulnerable individuals. When the council tax benefit scheme was withdrawn at the end of 2012/13 the Council decided that the replacement Local Council Tax Support Scheme should provide the same levels of support as the previous government scheme, despite the 10% reduction in funding imposed by the government. Broxtowe was the only authority in this area to take this stance and as a result has not seen the same levels of increased administration or problems with collecting council tax that are being experienced by some other authorities.
Housing benefit changes arising from such as the “social housing size criteria” (bedroom tax) and the benefit cap are affecting significant numbers of residents in the borough and leading to additional workload for the Council’s employees in trying to support affected individuals. Increased use is being made of discretionary housing payments and the number of applications for such payments is already 150% more than previously would have been received for the whole year.
Although there is some uncertainty with regard to when universal credit may be rolled out across the authority, the Council is maintaining current employee levels in the benefits team and is continuing to reduce the processing times for dealing with housing and council tax support benefit claims.
The Council has a good track record of working in partnership with other organisations. A recent example of this is the multi-agency co-location arrangement at Beeston, with the Police and CAB fully co-located within the Council Offices and with the County Council and Job Centre Plus organisations providing services regularly from the Council Offices in Beeston.
The Council is accredited by the Institute of Customer Services (ICS) in respect of the customer services which it operates by telephone, email and face to face. The Council’s overall customer service satisfaction score in 2013 conducted for the ICS (79.5%) places it significantly above the public service’s average score of 72.8%, and above the UKCSI overall score of 77.9%. The Council provides services from the main Council Offices in Beeston, but also a smaller range of services from local offices in Eastwood and Stapleford. Special attention is given to the needs of Older people and People with disabilities.
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Summary and Conclusion
Like all councils, Broxtowe faces significant financial challenges in the years ahead. Councillors find it difficult to compromise on the range of services offered to the public and demand high standards of service delivery for the people they represent. This forces officers to be ever more ingenious in identifying ways in which costs can be reduced whilst continuing to maintain high quality.
Broxtowe has taken a route which retains in house capacity and plays this to advantage in creating flexibility and leading on aspects of shared service delivery. Its approach to facing the financial challenge – raising income through sound marketing approaches and successfully bidding for external funding; balanced with efficiency; – reducing the headcount by a rigorous vacancy control process whilst not using compulsory redundancy and employment of procurement techniques; is balanced with redesign – which involves successful partnership working and business transformation. Price adjustments have been used sparingly and have not included raising car parking charges, charging for green waste collection or putting up the council tax in recent years, however continuation on this path may not achieve the full scale of savings required, and the Council may need to consider alternative models of service delivery.
The scale of Broxtowe’s ambitions for housing growth and leisure need careful project management to ensure risks are properly managed. The Council is well placed to prosper from the connectivity resulting from the tram extension and, in the future, if HS2 plans proceed, from the Toton station stop. The delivery of the Local Enterprise Zone ambitions could bring additional employment opportunities.
The borough must try to capitalise on the potential for economic growth for its residents, but will not achieve the full potential unless it reviews its growth strategy, comes up with shovel ready projects for delivery and ensures its population has the right skills to benefit from the new opportunities, especially in the more deprived areas. Meanwhile, the Council needs to ensure its ageing population remains active and healthy and has the range and choice of housing suitable to meet its needs.
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Report of the Deputy Chief Executive
RELEASE OF DATASETS FOR RE-USE – FREEDOM OF INFORMATION
1. Purpose of report
To seek delegated authority for to the Deputy Chief Executive to set fees in accordance with the Freedom of Information (Release of Datasets for Re-use) (Fees) Regulations 2013. This is in accordance with vision of listening and responding to ensure the delivery of efficient and affective services.
2. Background
Datasets are defined as a collection of information held in electronic form where all or most of the information has been obtained or recorded for the purpose of providing a public authority with information relating to the provision of a service or the carrying out of any other function of the authority. The information must not have been materially altered since it was recorded, nor be the product of analysis or interpretation.
Datasets are routinely disclosed under the Freedom of Information Act (FOIA). However, prior to 1 September 2013 there was no requirement under the Act for public authorities to provide these in a specific format or to permit reuse. Section 102 of the Protection of Freedoms Act 2012 added new provisions to the FOIA relating to how information is disclosed rather than what is disclosed. The provisions require public authorities, where possible (reasonably practicable), to provide datasets in a reusable form and under licensing conditions which permit re-use. The duty only relates to the provision of datasets in a re-usable format eg: in a structured format such as a spreadsheet, and is based on 'open standards'. There is no definition of what is classed as reasonably practicable and no cost limit. Factors which can be taken into consideration with regards to “reasonably practicable” include the time and cost of converting the data to a reusable format, technical issues and the resources of the public authority.
If the dataset is a relevant copyright work, public authorities must provide it under the terms of a specified licence. The public authority cannot licence the re-use of a dataset or part of a dataset if it is not the copyright owner. Public authorities must disclose their own copyrighted datasets with a licence for them to be re-used without charge for both commercial and non- commercial purposes. Where there is no copyright on a dataset, then there are no restrictions on re-use of information. A public authority may however charge for providing and making a copyright dataset available for re-use. A fee must not exceed the cost of collection, production, reproduction and dissemination of the relevant copyright work, plus a reasonable return on the investment. If a public authority can make a charge for re-use of a copyright dataset under another piece of legislation, it cannot charge under the amended FOI provisions. Given the number of requests which are received for datasets it is considered appropriate that a charge is made to cover officer time in producing the information. A fee has not been set in the regulations and it is therefore suggested that a standard charging regime be considered by officers and published on the Council’s web site. Recommendation Cabinet is asked to RECOMMEND to Council that authority be delegated to the Deputy Chief Executive in consultation with the Resources Portfolio Holder to set the fees to be charged for providing and making a copyright dataset available for re-use under the Freedom of Information (Release of Datasets for Re-use) (Fees) Regulations 2013. Background papers Nil 26
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Report of the Director of Environment
MARKETING AND SALE OF 14 DEVONSHIRE AVENUE, BEESTON
1. Purpose of report
To seek Cabinet approval to market and sell 14 Devonshire Avenue, Beeston, for conversion to a residential dwelling. This is in accordance with the Council’s objective to deliver value for money.
2. Background
14 Devonshire Avenue was previously used by the Council as a canteen, offices, showers and a recreation area for the Council staff Sports and Social Club. Following the installation of the new showers in the main Council Offices earlier this year the building is now used only for limited storage, is in a fairly poor condition and is not fully compliant for staff with disabilities.
3. Current Position
It is proposed to dispose of the site for conversion to a residential dwelling, following any necessary planning permissions required for the change of use and the agreement of the location of the boundary line between 14 Devonshire Avenue and the Council-owned Devonshire Avenue car park. This will result in the loss of several car parking spaces. It is anticipated that a commercial agent will be appointed to market the property who has extensive experience of the Beeston residential property market.
4. Financial Position
The Council’s current standing orders allow officers to accept such tenders if they are on a price only basis with the results being reported back to Cabinet for noting. No allowance has been made for any capital receipts from this source in terms funding from the 2013/14 capital programme.
Recommendation
Cabinet is asked to RESOLVE to: 1) Sell 14 Devonshire Avenue for conversion to a residential dwelling. 2) The Director of Environment, in consultation with the Leader of the Council, be given delegated approval to determine the boundary with Devonshire Avenue car park.
Background papers Nil
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14 Devonshire Avenue, Beeston
Cabinet - 24 September 2013 Scale: 1: 500 Directorate of Environment
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Report of the Deputy Chief Executive
PROPOSAL OF FEES FOR SCRAP METAL DEALERS ACT 2013 APPLICATIONS
1. Purpose of report
To seek approval for the proposed fees and charges associated with the new Scrap Metal Dealers Act 2013. This is in accordance with the objective to deliver value for money.
2. Background
New legislation on the licensing of Scrap Metal Dealers, Motor Vehicle Salvage Operators and Vehicle Dismantlers will be implemented from 1 October 2013. The legislation requires the Council to licence such operators and charge a fee to cover the costs of the application process. Background information is shown in the appendix.
3. Proposal
The following fees, which take account of the assessed workload in each case, are proposed with effect from 1 October 2013:
Grant/Renewal of Site Licence: £275 Grant/Renewal of Collectors Licence: £98 Variation of Licence Type (Collector to site): £95 Variation of Licence (Change to Site Manager): £45
Recommendation
Cabinet is asked to RESOLVE that: 1) the proposed fees and charges in respect of the Scrap Metal Dealers Act 2013 as set out in the report be adopted as from 1 October 2013. 2) the Deputy Chief Executive be given delegated powers to determine licence applications and appeals.
Background Papers Nil
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APPENDIX
Background to the Act
The Scrap Metal dealers Act 2013 (“the Act”) received Royal assent on 28th February 2013 and comes fully into force as from 1 October 2013.
The Act repeals the Scrap Metal Dealers Act 1964 (and linked legislation) and Part 1 of Vehicles (Crime) Act 2001, creating a revised regulatory regime for the scrap metal recycling and vehicle dismantling industries. The Act maintains local authorities as the principal regulator but gives them the power to better regulate these industries by allowing them to refuse to grant a licence to ‘unsuitable’ applicants and a power to revoke licences if the dealer becomes ‘unsuitable’.
The Act provides that an application for a licence must be accompanied by a fee. The fee is to be set locally by each local authority on a cost recovery basis, but local authorities will have a duty to have regard to guidance issued by the Secretary of State which outlines the issues that should be considered by them when setting the fee and what activities the fee can cover. This fee will be an essential component of the new regime as it will provide local authorities with the funding they need to administer the regime and to ensure compliance.
The Act aims to raise standards of trading across the scrap metal industry by requiring more detailed and accurate records of transactions to be kept. Scrap metal dealers will also be required to verify the identity of those selling metal to them.
The Act incorporates the separate regulatory scheme for motor salvage operators under the Vehicles (Crime) Act 2001 into this new regime. This is to replace the current overlapping regimes for the vehicle salvage and scrap metal industries with a single regulatory scheme. The Act also revises the definition of ‘scrap metal dealer’ and ‘scrap metal’ to ensure they reflect the twenty-first century scrap metal industry.
Proposed licence fees
An application for a licence must be accompanied by a fee. The fee is to be set locally by each local authority on a cost recovery basis having had due regard to the guidance from the Home Office which was published on 9 August 2013. The cost of taking action against unlicensed dealers should not be incorporated into licence fees. Local authorities will have a duty to regularly review such fees to ensure they remain appropriate and this review will be incorporated in the annual review of fees and charges.
Existing situation
There are currently 4 licensed Motor Salvage Operators and 4 Scrap Metal Collectors licensed/registered with this authority. Due to the requirements for collectors to be licensed within every local authority area that they operate in, it is anticipated that further applications will be received. The licences have to be renewed every three years.
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Report of the Chief Executive
STRATEGIC HOUSING LAND AVAILABILITY ASSESSMENT
1. Purpose of Report To advise members of progress in reviewing the Council’s Strategic Housing Land Availability Assessment (SHLAA) and obtain approval to publish the SHLAA which will inform the upcoming Site Allocations Issues and Options consultation which is also on this agenda. This is in accordance with the Council’s housing priority.
2. Background The SHLAA is key piece of evidence to inform site allocations with advice in the National Planning Policy Framework (NPPF) that councils should:
‘Prepare a Strategic Housing Land Availability Assessment to establish realistic assumptions about the availability, suitability and likely economic viability of land to meet the identified need for housing over the plan period.’
The SHLAA seeks as a minimum to provide specific core outputs and follows the process requirements set out below:
(1) A list of sites, cross-referenced to maps, showing locations and boundaries of specific sites (and showing broad locations, where necessary) (2) Assessment of the suitability, availability, achievability and viability to determine when an identified site is realistically expected to be developed (3) Potential quantity of housing that could be delivered on each identified site or within each identified broad location (where necessary) or on windfall sites (where justified) (4) Constraints on the delivery of identified sites (5) Recommendations on how these constraints could be overcome and when.
As with previous iterations of the SHLAA, there are insufficient urban sites to meet the full housing need of the borough, specified in Policy 2 of the Core Strategy as 6150 new homes between 2011 and 2028. It is therefore necessary to use the updated SHLAA as a key piece of evidence to inform the choices for which sites to allocate as part of the Broxtowe Allocations DPD. Further details of additional work undertaken in this SHLAA review are included in the appendix to this report
Recommendation
Cabinet is asked to RESOLVE that: 1) The Broxtowe SHLAA be published and thereafter be kept up to date with further information and sites that may become available, including those as part of the Core Strategy Examination and/or the Site Allocations Issues and Options Consultation. 2) Officers are instructed to produce a report to enable Cabinet to consider the appropriateness of using compulsory purchase powers in relevant cases. Background papers Nil
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APPENDIX Further Background
There are two main aspects of the SHLAA review that have been undertaken since the SHLAA was last reported to Cabinet in March 2012.
The first of these is a comprehensive review of sites in employment use that may be more suitable for alternative uses including housing. The second is further consultation with the site owners and agents acting on their behalf to check that the information the Council holds is correct and that sites can come forward at the point envisaged.
Employment Sites
Evidence to inform the Core Strategy includes the Nottingham City Region Employment Land Study (NCRELS). The key tasks of the study were to assess whether the employment land identified in the study area meets current and future employment requirements, to assess if additional land is required; and to identify potential new employment sites and existing sites which could be transferred to other uses. As part of this work, the consultants made site-specific assessments of all allocated sites and a range of existing sites, including assessments of their market appeal. The Employment Background Paper is part of the evidence to support the Core Strategy and, in paragraphs 31 and 32 of this background paper, it is stated that the NCRELS work remains a reasonable basis for planned growth in the number of jobs for the purposes of the Core Strategies.
Notwithstanding this, it is considered that the appraisal of specific employment sites undertaken as part of NCRELS (2007) overstated the number of sites in employment use which were appropriate to be retained for such a use, given their separate conclusion that the decline in traditional manufacturing industries is likely to continue. Information in the Broxtowe SHLAA (2013) is that there are 18 existing employment sites that are more suitable to consider in whole or in part for alternative uses including residential. This is significantly in excess of the 4 sites recommended for release as part of the NCRELS study which was originally undertaken in 2006/7 and updated in 2009, although the update did not re-appraise individual sites. This is considered to understate the potential availability of employment sites, including vacant sites that can be considered for alternative uses.
It is considered the 18 sites are appropriate to consider as part of the upcoming allocations work to be released in whole or in part and possibly reallocated for other uses. It is not therefore proposed to use the NCRELS conclusion regarding sites to retain for employment to prevent bringing these sites forward for appropriate alternative uses to be determined.
Consultation with landowners
As part of the most recent round of consultations landowners, agents and developers were provided with the Council’s most recent assessment of their site and asked to provide information regarding any amendments that they deemed to be necessary. In addition, they were asked to provide an update of the progress of bringing their
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site forward for development in terms of any technical assessments that may have been carried out and the level of developer involvement in order to clarify potential development timescales. The consultation also tried to establish if there was anything that the Council could do to assist bringing sites forward for development and a meeting to discuss matters was offered to anyone who thought it would be beneficial.
The current position following this consultation is that there is a net improvement from the previous SHLAA review of approximately 340 dwellings on specific sites. This relates largely to increased residential capacity on Beeston Business Park and at Kimberley Brewery plus numerous smaller sites which have had planning permission granted in the last monitoring year. It is also the case that the majority of these additional sites are expected to be delivering homes in the latter 10 years of the Core Strategy period.
Protection of green belt
The Council has, throughout the Core Strategy process, considered how it can best protect the borough’s green belt while at the same time fulfilling its legal duties. In order to ensure that every brownfield site possible is brought forward and in line with item (5) of the SHLAA requirements, Cabinet may wish to consider whether or not it would be appropriate and possible to use the Compulsory Purchase Powers that the Council has where these would be the most proportionate and effective way to overcome the constraints identified.
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Report of the Chief Executive SITE ALLOCATIONS DEVELOPMENT PLAN DOCUMENT – ISSUES AND OPTIONS CONSULTATION Purpose of Report To seek approval from Cabinet to go out to consultation on the Site Allocations Issues and Options and the separate Sustainability Appraisal Scoping Report. This is in accordance with the Council’s housing, jobs and business growth and the environment priorities.
Background The Site Allocations consultation is a discussion document which will be seeking views on the most appropriate sites to allocate in different parts of the borough in order to address the development needs to 2028, further details are given in appendices 1 and 2. In terms of housing land options, this will invite views on which sites contained in the Strategic Housing Land Availability Assessment (SHLAA) are the most appropriate to allocate. It will not, however, revisit the appropriate amount or distribution of development throughout the borough which is set out in the Core Strategy. The Site Allocations Document, when adopted, will form part of the Broxtowe Local Plan together with the Core Strategy, Development Management Policies and any Neighbourhood Plans that are prepared.
Proposal The questions proposed to be asked in the ‘borough wide’ section of the consultation are appended to this report. These will be accompanied by a suite of background documents providing additional locally specific information relating to the five main areas with development requirements as set out in the Core Strategy, these being the main built up area of Greater Nottingham (in Broxtowe the urban south of the borough and parts of Nuthall east of the M1), Eastwood, Kimberley, Awsworth and Brinsley. For all of these settlements apart from Brinsley there are options for development which extend beyond the parish or town boundary of the settlements.
Planning Policy Working Group (PPWG) has been extensively involved in the evolution of the document and the questions are very similar to those previously reported to the PPWG earlier in 2013. However, since this time there has been a need to reconsult on amending the Core Strategy with a Strategic Location for Growth at Toton, consider the responses to this consultation and then submit the Core Strategy. Given this gap since the PPWG last considered this matter, it is recommended that Cabinet approve the attached document and the draft issues documents relating to the different parts of the borough (which can be found at http://www.broxtowe.gov.uk/index.aspx?articleid=11761), but then allow the Chief Executive in consultation with the Leader to approve any minor editorial changes. Recommendation Cabinet is asked to RESOLVE that: 1. The Broxtowe Site Allocations Issues and Options document be published for consultation for a minimum period of six weeks 2. The Chief Executive, in consultation with the Leader, be approved to make any drafting or other minor editing changes. Background papers Nil
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APPENDIX 1 Key issues
Green Belt Boundary changes The most contentious issues relating to this consultation may be the amendments to green belt boundaries to meet new development needs. In this regard the consultation is intended to maximise the availability of all suitable urban sites to assist in meeting the development needs of the borough and in this way minimise the release of green belt sites.
Another item on this agenda reports progress in the SHLAA in helping to bring forward urban sites for development, however there will still be a need to release green belt sites to meet development needs. Current figures in the SHLAA indicate that (in addition to Field Farm) land for approximately 1,670 new homes will need to be found outside of existing urban areas. A specific question in the consultation asks how many of these new homes should be within the strategic location for growth at Toton and where green belt boundaries should be amended.
Elsewhere the four key settlements in Broxtowe will also need some changes to green belt boundaries to accommodate Core Strategy housing provision. The consultation is seeking to establish the least harmful locations to release and in this regard the Council is eager to explore whether town and parish councils are willing to prepare Neighbourhood Plans.
Sustainability Appraisal This is an integral part of the plan making process and assesses the economic, social and environmental sustainability of the policies in the Allocations document. The first stage of the Sustainability process is a Sustainability Appraisal Scoping Report. This is a separate document to be published alongside the Allocations Document.
Consultation The Statement of Community Involvement was amended in 2009 and the consultation will be undertaken to exceed the minimum requirements in the SCI, which requires a six week consultation. Although the exact dates of the consultation are to be established, it is envisaged that it will start before the Core Strategy Examination hearing sessions (15th October) and will run into December to give participants at the Core Strategy Examination adequate time to respond when the Examination is concluded, which is expected to be in November.
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` APPENDIX 2 Draft borough wide document
This Allocations discussion document is the first consultation on an emerging document which will form part of the new Broxtowe Local Plan to replace the 2007 saved Local Plan policies, alongside the Broxtowe Core Strategy; and the Development Management Policies local plan which will follow.
The purpose of the document is to commence the selection of sites for housing, employment and protection of environmental assets, amongst any other land uses, which require site allocation across Broxtowe borough.
In accordance with the Core Strategy which will, as its name suggests, set the strategic framework, the Council needs to find sites for approximately 3,600 new homes in or adjoining the existing built up area of Nottingham and approximately 2,550 elsewhere in or adjoining the key settlements of: i) Awsworth (up to 350 homes) ii) Brinsley (up to 200 homes) iii) Eastwood (up to 1,400 homes) iv) Kimberley (up to 600 homes).
Please send us your comments by (date to be confirmed).
Introduction
Broxtowe Borough Council is making a Site Specific Allocations (SSA) local plan which will form part of the replacement Broxtowe Local Plan.
This is a discussion document to consider your proposals and assess your opinions on the options for sites to meet Broxtowe’s development needs to 2028. The local plan is intended to: • allocate sites to promote development and flexible use of land, bringing forward new land where necessary, and provide detail on form, scale, access and amount of development where appropriate; • identify areas where it may be necessary to limit freedom to change the uses of buildings, and support such restrictions with a clear explanation; • identify land where development would be inappropriate, for instance because of its environmental or historic significance.
How this local plan fits in with other documents is explained in the diagram that follows:
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Table 1 How the Site specific Allocations local plan fits in with other Local Plan development plan documents in Broxtowe.
Planning Policy Documents
National Planning Policy Framework
The Statutory Development Plan
Saved Policies of the Local Development Documents Broxtowe Borough The Local Plan Local Plan 2004 development plan documents Broxtowe Core Nottinghamshire Community Strategy Minerals and Waste Infrastructure Levy Local Plans Charging Schedule
Site Specific New Minerals Local Plan. Allocations and Waste Core Strategy; and Waste Site Specific Proposals, Any neighbourhood Development and Development plan(s) Management Policies Management Policies. l l l
Statement of Community Beeston Town Centre Involvement - to Plan be updated in 2013
Local Development Scheme
Authority Monitoring Report
Note: Documents in italics are being prepared but are not yet adopted.
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The Council has resolved that, where possible, development plan documents will be prepared in the form of Neighbourhood Plans. Where it is not possible to prepare a Neighbourhood Plan for any part of the borough, the Allocations and the Development Management documents will contain a statement saying why this is the case.
Planning decisions need to be taken in accordance with policies forming part of the Statutory Development Plan unless material considerations indicate otherwise. Once adopted, the Site Specific Allocations local plan will specify the type and location of new development in the borough such as housing, jobs, retail, leisure and other commercial development; the provision of infrastructure for transport, telecommunications, water supply, wastewater, flood risk and the provision of energy (including heat); the provision of health, security, community and cultural infrastructure and other local facilities; and conservation and enhancement of the natural and historic environment, including landscape.
It will consider the whole borough of Broxtowe unless local communities wish to prepare their own Neighbourhood Plans.
We want your views.
Consultation Period: to be confirmed
All representations must be submitted within this period and received by the Council by 5:00 pm on ……. Representations can be made electronically via the Council’s website www.broxtowe.gov.uk/allocations
Or written representations can be sent to:- Planning Policy Team, Broxtowe Borough Council, Foster Avenue, Beeston, Nottingham, NG9 1AB.
Representation forms are available online at www.broxtowe.gov.uk/allocations
Or paper copies are available at the following locations: • Broxtowe Borough Council, Foster Avenue, Beeston, Nottingham, NG9 1AB (8.30am to 5.00pm Monday – Thursday and 8.30am to 4.30pm on Fridays); • Eastwood Cash Office, 15 Nottingham Road, Eastwood, Nottinghamshire, NG16 3AP (8.45 – 4.30 Monday - Friday) • Libraries within Broxtowe borough
Representation forms can also be requested from the Planning Policy team at the borough Council by telephoning 0115 9173482 or e-mailing: [email protected]
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Local Development Scheme
The Local Development Scheme (LDS) contains details of the content and the timetable for preparation of the various documents that the Council will be preparing. An amended timetable was published with the publication of the Core Strategy in June 2012 and modified in May 2013.
The proposed timetable for the Site Specific Allocations local plan is:
Subject matter: The allocation of sites for housing, employment, retail and other purposes.
Geographical area: The whole of Broxtowe.
Prepared jointly: No.
Timetable:
Stage Date Issues and Options consultation Spring/ Summer 2013 Publication Winter/ Spring 2013/14 Consideration of representations Spring 2014 Schedule of Changes and Submission Spring/ Summer 2014 Pre-hearing meeting Summer 2014 Start of hearing sessions Summer/ Autumn 2014 Delivery of inspector’s report Winter 2014/15 Adoption Winter 2015
SCI
The Statement of Community Involvement (SCI) was adopted in 2009. It sets out the Broxtowe Borough Council’s approach in involving and consulting local people and other participants in the local planning process.
Core Strategy
The Core Strategy contains the Strategic Policies of the Local Plan; setting out the vision, objectives and spatial strategy for the borough. Broxtowe Borough Council has been working co-operatively with all our neighbouring councils in the Nottingham Core Housing Market Area to produce Aligned Core Strategies (ACS), which Broxtowe submitted to the Secretary of State, along with Gedling borough and Nottingham City Councils, on 7 June 2013.
This close working fully meets Broxtowe’s obligations under the duty to cooperate. In preparing specifically local plans such as Site Allocation Policies, although the duty to cooperate will still apply as a test of soundness, the absence of cross boundary strategic issues results in it being more appropriate for Broxtowe to prepare this document without needing the same joint working with our neighbours.
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As the Site Specific Allocations local plan is part of the Local Plan in order to deliver the Core Strategy, it is necessary that it is consistent with the same vision and objectives.
The Core Strategy can be viewed here: http://www.broxtowe.gov.uk/CHttpHandler.ashx?id=24852&p=0
The Vision is on page 16 starting at paragraph 2.3.1 to paragraph 2.3.11 and the objectives are on page 18 in paragraph 2.4.1.
The Core Strategy represents the spatial delivery of the Broxtowe Sustainable Community Strategy (SCS). The current SCS covers the period 2010 to 2020 and has the following vision:-
‘Our 2020 vision for Broxtowe is that it will be a thriving place, where people enjoy living, working and spending their leisure time.’
Characteristics of the borough
A comprehensive statistical illustration of the borough is provided in the 'Profile of Broxtowe', which is available at http://www.broxtowe.gov.uk/CHttpHandler.ashx?id=24763&p=0.
The characteristics of Broxtowe and the main issues facing the borough are described in the Core Strategy at page 22 in paragraphs 2.7.1 to 2.7.17.
The Site Specific Allocations local plan will deliver the objectives of the Core Strategy, the priorities of the SCS, and will respond positively to the issues facing the borough.
This questionnaire is subdivided into a ‘general’ part, below, which requests your comments on all the allocation topics that help make up the Local Plan and then there are ‘area’ based parts which you may find helpful in considering issues in your own neighbourhood.
Please note that the questionnaire areas are based on those used to distribute housing numbers in the Broxtowe Core Strategy (these being the main built up area of Nottingham, Awsworth, Brinsley, Eastwood and Kimberley). They are based upon wards across Broxtowe and therefore some wards and parishes may be included in more than one Core Strategy housing area. It is therefore important to consider this general information which applies to the whole of Broxtowe borough in addition to all the relevant area information before commenting on site specific allocations.
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Evidence Base
A significant amount of research has been undertaken to develop an evidence base to support the preparation of this document and the other documents in the Council’s Local Plan. It includes:
• The Strategic Housing Land Availability Assessment, which identifies and assesses the suitability, availability and achievability of potential sites for housing within Broxtowe borough.
• The Gypsy and Traveller Accommodation Needs Assessment provides evidence on the accommodation needs, and related support needs, of the Gypsy and Traveller community within Nottinghamshire.
• When reviewing green belt boundaries, the original purposes of green belt as set out in the National Planning Policy Framework will be an important consideration, in particular the need to prevent coalescence and maintain openness. Nottinghamshire and Derbyshire County Councils undertook a review of the green belt in 2006, and this provides some guidance as to the relative importance of different green belt purposes around the whole of Greater Nottingham. It highlighted that the area between Nottingham and Derby is overall the most sensitive area of green belt, in relation to the purposes as set out in government policy, and was taken into consideration in the preparation of the Appraisal of Sustainable Urban Extensions Study Tribal 2008 and the Sustainable Locations for Growth Study Tribal 2010.
• The Greater Nottingham Retail Study, 2008, and its partial update in 2013 reassess the quantitative capacity for retail development in selected centres and the principal out-of-centre shopping locations in Greater Nottingham.
• The Nottingham City Region Employment Land Study (NCRELS) and its Update Report 2009 and the Derivation of Office Employment Figures from NCRELS 2007 and its 2009 Update Paper, set out to assess how many more jobs the City Region needs to provide given a higher than originally expected housing target.
• The Strategic Flood Risk Assessment (SFRA) provides a comprehensive assessment of the extent and nature of flood risk within the borough and its implications for land use planning.
• The Infrastructure Delivery Plan (IDP) provides detailed evidence on the current infrastructure provision within the borough and identifies where and when new infrastructure may be required, the outline costs of such infrastructure and how that infrastructure will be provided and funded.
• The Greater Nottingham Landscape Character Assessment (LCA) defines the landscape character of the area and explains the differences between landscapes based on sense of place, local distinctiveness, characteristic wildlife and natural features.
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• The Nottinghamshire Local Transport Plan 2011-2026 is the principal policy and investment tool through which the planning, management and delivery of transport improvements take place.
• Conservation Area Appraisals provide an assessment of the special interest, character and appearance of the Conservation Areas in the borough.
• The 6Cs Growth Point Green Infrastructure Strategy identifies existing networks of green infrastructure and provides an approach for the conservation, protection and enhancement of green spaces in the borough.
• The Green Spaces Strategy 2009-2019 provides an assessment of existing green space in the borough, the needs of local communities in relation to green space and the extent to which existing green spaces meet these needs.
These reports are all available to view at: http://www.nottinghamcity.gov.uk/CHttpHandler.ashx?id=36361&p=0.
Sustainability Appraisal
The Council is required to ensure that documents prepared for its Local Plan are subject to a Sustainability Appraisal (SA), which incorporates the requirements of a Strategic Environmental Assessment (SEA). Carrying out the process of SA is a statutory requirement within the spatial planning process. It provides a means to assess the economic, social and environmental effects of the strategies and policies of the Local Plan from the outset of the plan preparation process.
The purpose of the SA is to promote sustainable development through the better integration of sustainability considerations into the preparation and adoption of plans. The Site Specific Allocations local plan will be accompanied by a SA Report which considers the likely significant environmental, economic and social effects of the Plan; a Scoping report for the SA is included with this document. The Sustainability Appraisal Scoping Report can be viewed at http://www.broxtowe.gov.uk/index.aspx?articleid=11761.
Appropriate Assessment
The (European) Habitats Directive (Directive 92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora requires that any plan or project that is likely to have a significant effect on a designated habitat site, either individually or in combination with other plans or projects, is subject to an appropriate assessment (AA) of its implications for the site in view of the site's conservation objectives. An AA is required when the habitat site is designated for its international nature conservation interests and includes: • Special Areas of Conservation (SAC) and candidate Special Areas of Conservation (cSAC); • Special Protection Areas (SPA) and candidate Special Protection Areas (cSPA); and • Ramsar sites which are wetlands of international importance, designated under the Ramsar Convention.
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There are no sites within Broxtowe and a screening record for the Core Strategy concluded that there are unlikely to be any significant effects on any European sites.
The screening record can be viewed at: http://www.nottinghamcity.gov.uk/CHttpHandler.ashx?id=36316&p=0.
Infrastructure for Growth
The housing and employment growth proposed for the borough will need to be supported by additional physical and social infrastructure to cater for an increasing population and also to improve existing facilities where connected. The Aligned Core Strategy is supported by an Infrastructure Delivery Plan (IDP) to provide a detailed understanding of existing shortfalls in infrastructure provision and to identify the infrastructure required to meet the level of growth anticipated in the borough up to 2028.
The IDP contains two distinct elements. The first of these reviews available baseline data to identify current infrastructure provision within the borough, geographical variations in infrastructure and to provide for a level of understanding of the growth that can be supported by existing infrastructure. The second element of the IDP identifies the shortfalls in infrastructure against the proposed growth in the borough, where and when new infrastructure may be required and outlines the costs of such infrastructure and how it is to be provided and funded. This consideration of the borough’s infrastructure requirements focuses specifically on the requirements in relation to socio-economic infrastructure, transportation, flooding, utilities and green infrastructure.
Under the requirements of Core Strategy Policy 19, new development that comes forward within the borough, including on the sites identified by the SsA local plan, will be expected to make an appropriate contribution to these infrastructure requirements.
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Topic 1 New Housing
What the NPPF says
Local planning authorities should: • “To boost significantly the supply of housing … use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area, as far as is consistent with policies in this Framework, including identifying key sites”. They should identify a five year supply of deliverable housing sites with a 5% or 20% buffer, and identify a supply of developable sites for years 6-10 and, where possible, for years 11-15 of the plan. They should set out an approach to housing density to reflect local circumstances. (47) • “plan for a mix of housing based on…the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes)” [and “mixed use developments” is one of the “core planning principles” at 17] • “identify the size, type tenure and range of housing that is required in particular locations…” • set policies for meeting the need for affordable housing “on site”, unless certain criteria apply. (50, 159) • “consider the case for setting out policies to resist inappropriate development of residential gardens” (53)
What the Core Strategy says
A minimum of 6,150 new homes will be provided for in Broxtowe borough distributed as follows:
Approximately 3,600 new homes in or adjoining the existing built up area of Nottingham to include:
i) Severn Trent and Boots site (550 homes in Broxtowe) ii) A sustainable urban extension at Field Farm north of Stapleford (450 homes) iii) A strategic location for growth in the vicinity of the proposed HS2 station at Toton with appropriate mix of development to be determined in the site specific Development Plan Document.
. Approximately 2,550 elsewhere in or adjoining the key settlements of:
i) Awsworth (up to 350 homes) ii) Brinsley (up to 200 homes) iii) Eastwood (up to 1,400 homes) iv) Kimberley (up to 600 homes) (Policy 2.3, 2.3.a, 2.3.c)
‘Strategic allocations’ such as Field Farm will be shown on each council’s Proposal Map. The precise boundaries of ‘strategic locations’ such as Boots will be shown in site specific Development Plan Documents. (Paragraph 3.2.12). The strategic
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location for growth was proposed in the vicinity of the proposed High Speed 2 station at Toton following the government’s announcement regarding the station location in January. The appropriate mix of development (in addition to the area of land to be removed from the Green Belt) is to be determined in the site specific development plan document.
Policy 8 in the Core Strategy specifies that affordable housing will be required in new residential developments on appropriate sites and in Broxtowe a 30% target will be sought. Any locational variation in affordable housing, and the mix and threshold for affordable housing, will be set out in a separate Local Development Document and will be determined by a number of factors including need, tenure, property size, viability and the availability of subsidy.
Policy 9.1 states that sufficient sites for Gypsies, Travellers and Travelling Showpeople will be provided in line with a robust evidence base.
Other background information
Information in the Strategic Housing Land Availability Assessment, as at September 2013, is that in Broxtowe there are existing urban sites on which about 4,030 homes can be built in the Core Strategy/Allocations time period. When allowing for demolitions and applying a ‘windfall allowance’ of 300 homes and a proposed allocation at Field Farm in the Core Strategy for 450 homes, this would leave a need for a further 1,670 new homes. The details of land availability in each location specified in the Core Strategy, are shown in the tables and maps in the locally specific consultation documents.
In terms of housing need, a Strategic Housing Market Assessment (SHMA) has been prepared with neighbouring councils in the HMA. This has since been partly updated in 2009 and 2012. The most pressing need for new housing in Broxtowe is for affordable family housing of 2 or 3 bedrooms. In addition, with an ageing population and more people living alone into old age, it is expected that more specialist accommodation for elderly people will be required over the Core Strategy/ Allocations time period.
Affordable housing need in Broxtowe remains high with a need for 445 new dwellings per year reported in the published Broxtowe Core Strategy in June 2012. Whereas there is evidence that such high levels of affordable housing need are related to the housing market generally, and issues in particular relating to the lack of access to mortgage finance for people who would otherwise look to buy their own home, the long term need remains high. In terms of affordable housing viability, Beeston is identified as the submarket where the provision of such housing will be most viable. (For these purposes ‘Beeston’ includes most of south Broxtowe apart from Stapleford.) That this area is most attractive to the market is reflected in the number of housing completions in the past 5 years which are focussed in this area.
It remains a priority of Broxtowe in the Sustainable Community Strategy to ensure that everyone has access to a good quality affordable home. The Sustainable Community Strategy also says that there is an “urgent need” for more affordable housing and that there need to be “improvements in…the proportion of affordable
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housing units”. In the Corporate Plan a priority is a good quality affordable home for all residents of Broxtowe.
The Sustainable Community Strategy says that promoting the independence of older people is a priority. Related to this, the Corporate Plan says that the Council will “support and encourage the concept of a new retirement village facility in Broxtowe”.
The Corporate Plan also says the Council will identify and sell off surplus land it owns for housing development.
Evidence regarding Gypsy and Traveller provision is now out of date but this matter is in the process of being addressed.
Key issues:
Issue 1a: Potential housing sites identified within the Council’s SHLAA are set out in the schedule and maps in the locally specific documents. Size thresholds need to be considered: we think it is appropriate only to consider new housing allocations (not identified in the Core Strategy) for between 10 and 500 dwellings.
Issue 1b: Provision needs to be made for specialist accommodation, including for groups with special needs and elderly people. It may be appropriate to make specific provision on appropriate sites, including those in Issue 1a above, or perhaps, for example, to allocate a specific site for a “retirement village”.
Issue 1c: The government requires that pitch targets for gypsies and travellers and plot targets for travelling showpeople are identified in local plans. Suitable sites need to be found for accommodation for gypsies, travellers and travelling showpeople.
Issue 1d: The delivery of affordable homes needs to be maximised in order to meet the target in the Core Strategy. Certain sites, and certain parts of the borough, may be more suitable than others for this purpose.
Issue 1e: In the Core Strategy the Council has identified strategic locations for growth at land adjacent to the proposed HS2 rail station at Toton and at the Boots /Severn Trent site in Beeston. The mix of uses on the Toton site is to be established as part of this allocations process, and the precise site boundaries of both sites are also to be confirmed.
Questions:
Question 1a: Do you have any comments on the sites set out in the schedule and maps in the locally specific documents?
Question 1b: Is it appropriate only to consider new housing allocations for between 10 and 500 dwellings, or should different thresholds be used?
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Question 1c: Can specialist needs for the elderly, gypsies, travellers and travelling showpeople and affordable housing be met within the sites listed in the locally specific documents or are other sites required? Boots/Severn Trent
Question 1d: What are the appropriate site boundaries for the Boots/Severn Trent location?
Question 1e: Do you have any comments on where the proposed housing, employment land, open space and infrastructure including local services and access provision should be situated on this location.
Question 1f: Do you have any further comments on how development here can be designed to best enhance the local area.
Toton
Question 1g: What are the appropriate site boundaries for the Toton strategic location for growth?
Question 1h: Do you have any comments on the mix of uses including the appropriate amount and location of any proposed housing, employment land, open space and infrastructure including a potential tram extension, local services and access provision.
Question 1i: Do you have any further comments on how development here can be designed to best enhance the local area.
Topic 2 – Approach to the Green Belt
What the NPPF says
“The government attaches great importance to green belts. The fundamental aim of green belt policy is to prevent urban sprawl by keeping land permanently open.” (79) “green belt serves five purposes:
• to check the unrestricted sprawl of large built-up areas; • to prevent neighbouring towns merging into one another; • to assist in safeguarding the countryside from encroachment; • to preserve the setting and special character of historic towns; and • to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.” (80)
“Once established, green belt boundaries should only be altered in exceptional circumstances, through the preparation or review of the Local Plan.” (83) “When drawing up or reviewing green belt boundaries local planning authorities should take account of the need to promote sustainable patterns of development.” (84) In reviewing green belt boundaries, authorities should:
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• have “regard to their intended permanence in the long term, so that they should be capable of enduring beyond the plan period” (83) • “where necessary” identify areas of ‘safeguarded land’ • “satisfy themselves that green belt boundaries will not need to be altered at the end of the development plan period” • “define boundaries clearly, using physical features that are readily recognisable and likely to be permanent” (85)
What the Core Strategy says
“The principle of the Nottingham Derby green belt will be retained. The inner boundary of the green belt has been recast to accommodate the allocated Sustainable Urban Extension at Field Farm, as shown on the Proposals Map.” (Policy 3.1)
“Development Plan Documents will review green belt boundaries to meet the other development land requirements of the Aligned Core Strategies, in particular in respect of the… Key Settlements named in Policy 2.” (Policy 3.1 / paragraph 3.3.3)
“In undertaking any review of green belt boundaries… regard will be had to the statutory purposes of the green belt…, establishing a permanent boundary which allows for development in line with the settlement hierarchy and/ or to meet local needs, the appropriateness of defining safeguarded land… and retaining or creating defensible boundaries.” (Policy 3.2)
In Broxtowe the green belt will be amended to allow for the long term construction of the proposed HS2 station at Toton and a mixed use development in the vicinity of it including access arrangements, a NET extension and mixed use economic and housing development. Amendments to the green belt will be undertaken as part of the allocations DPD when issues associated with HS2 are clear (paragraph 3.3.3a)
Other background information
Through this allocations process Broxtowe Borough Council is determined to keep green belt alterations to the minimum required to meet the development needs as specified in the Core Strategy. We are particularly interested in views as to how the development needs can be met without leading to more green belt release than is necessary. This includes consideration of issues such as allocation of under used or poor quality open space for other uses, density, reuse of some employment sites for residential, planning for mixed uses in existing centres to ensure that the maximum amount of housing is provided in the most sustainable locations. The details of these points are contained in other sections.
Even allowing for this, there will be some need to release further sites from the green belt and in so doing we want to be sure that the amendments to green belt boundaries that are made are the most appropriate locations given the purposes of including land in the green belt and the criteria for amending boundaries. Details are given in the locally specific documents of a number of sites including details of those that have potentially defensible green belt boundaries.
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Key issues:
Issue 2a: Green belt boundaries need to be reviewed to fully meet the development needs of Broxtowe as specified in the Core Strategy to 2028 (and possibly beyond this date, as indicated in the NPPF). Please see in particular the maps in the locally specific documents and the details of housing land availability in the borough in the locally specific documents when commenting, although you may also wish to consider the need for other non- residential allocations.
Issue 2b: There are likely to be areas where green belt change is necessary to rectify any small existing anomalies (rather than propose sites specifically for development), such as where ‘defensible’ boundaries are not followed.
Questions:
Question 2a: Do you agree that green belt boundaries need to be reviewed to address anomalies or fully meet the development needs of Broxtowe as specified in the Core Strategy to 2028 (and possibly beyond this date, as indicated in the NPPF), using some of the sites identified in the locally specific documents?
Question 2b: Where do you think the green belt boundary should be redrawn around the key settlements of Awsworth, Brinsley, Kimberley and Eastwood and the strategic location for growth at Toton?
Question 2c: If you do not consider green belt boundaries should be amended, how would you deal with the demand for housing and other land if the supply of sites in the urban area is insufficient?
Topic 3 - Economic Issues/Job Creation
What the NPPF says
Authorities should:
• “set criteria, or identify strategic sites, for local and inward investment…” • “plan positively for the location, promotion and expansion of clusters or networks of knowledge driven, creative or high technology industries” • “identify priority areas for economic regeneration, infrastructure provision and environmental enhancement” • “facilitate flexible working practices such as the integration of residential and commercial uses within the same unit” (21)
It also requires that long term blanket protection of employment sites should be avoided.
What the Core Strategy says
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Significant new employment development will take place at the Boots Enterprise Zone site in Broxtowe. (Policy 4.1.e)
A minimum of 34,000 sq m of new office development and 15 hectares of industrial and warehousing uses will be identified in Broxtowe. (Policy 4.1.b and 4.1.d)
Policy 4.1.b and paragraph 3.4.6 indicate that Development Plan Documents will allocate sites for new “office and research” / “office-based” development. Paragraph 3.4.12 is clear that allocations should be specifically for offices. The policy also says: “The level of development of office floorspace will be kept under review. If the provision of undeveloped floorspace falls below the equivalent of a 5 year supply across the plan area as a whole, Development Plan Documents will be prepared to ensure a minimum provision equating to five years supply is available until 2028.” Paragraph 3.4.10 indicates that this joint working will involve Erewash and Rushcliffe.
The economy will be strengthened and diversified by “joint working between the councils to ensure that a sufficient supply of land is maintained in Development Plan Documents to provide a range and choice of sites up to 2028 for new and relocating industrial and warehouse uses…”. (Policy 4.1.d and paragraph 3.4.15) The term “maintained” refers to new sites as well as existing, as paragraph 3.4.18 says that “the policy seeks to ensure a reasonable supply of land of good quality remains available for this use, however, it also encourages allocating new land where this will be attractive to the market.” Paragraph 3.4.6 also refers to providing “new” sites for industry and warehousing.
“Development of a lesser scale [lesser than Top Wighay and Boots] will be promoted within major development schemes to ensure a sustainable mix of uses, as set out in Development Plan Documents.” (Policy 4.1.e)
Policy 4.1.h and paragraphs 3.4.6 and 3.4.19 indicate that Development Plan Documents will “appropriately manage existing employment sites and allocations” by retaining some and releasing others, “based on” policy recommendations from the Nottingham City Region Employment Land Study.
Paragraph 3.4.2 refers to retail, health, education, “civic/science based institutions”, crèches and day nurseries and says: “Where appropriate, specific provision for these other forms of employment will be made in site specific Development Plan Documents.”
Paragraph 3.4.21 says: “Site specific Development Plan Documents will identify sites where development will strengthen the knowledge-based economy and the economic role and importance of the area’s hospitals and universities.” Boots and Beeston Business Park are specifically referred to.
Other background information
For a number of years (including before the economic downturn) the development of allocated employment sites has been slow in Broxtowe borough. Notwithstanding this, given the location of Broxtowe immediately adjacent to the City of Nottingham,
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CABINET – Economy and Regeneration 24 September 2013 and forming much of the western suburban area of this Core City, with internationally recognised universities nearby and with excellent road and rail access to much of the UK, Broxtowe should be an attractive place for new businesses to locate. Employment is one of the priorities in the Broxtowe Sustainable Community Strategy, as is Jobs and Business Growth in the Corporate Plan, and there is evidence that when new employment units are provided of a type and in a location that is attractive to the market, then demand for these is high.
In addition Broxtowe has an Enterprise Zone in Boots / Severn Trent and Beeston Business Park, which is intended to be successful in creating a significant number of new jobs with substantial investment in the borough. The Corporate Plan says that jobs will be created, new businesses attracted and existing businesses enabled to grow at the Enterprise Zone. The Sustainable Community Strategy refers to “big opportunities to create more employment, and create economic impact” at Boots and Beeston Business Park and also through the regeneration of Beeston town centre.
Please see the list of existing employment sites in the locally specific documents before commenting on this section.
Key issues:
Issue 3a: The NPPF advises that planning policies should be flexible enough to accommodate business needs not anticipated in the plan.
Issue 3b: The existing employment sites shown in the list in the locally specific documents represent a potential supply of sites for employment use. Some, however, are not considered to be suitable for modern employment requirements and could be redeveloped for other purposes.
Questions:
Question 3a: Do you agree with the Council’s assessment of the potential for employment sites including their potential to be reallocated for other uses?
Question 3b: Which sites do you consider are the most appropriate to be retained for employment and which could be allocated for other purposes?
Question 3c: Are there other sites that might be suitable to allocate?
Question 3d: Should allocations be restricted to specific employment uses (if so which ones)?
Topic 4 – Improving our Town Centres
What the NPPF says
Authorities should:
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• “set out policies for the management and growth of centres over the plan period” • “define a network and hierarchy of centres” (this is done in the Core Strategy for town and district centres) • “define the extent of town centres and primary shopping areas, based on a clear definition of primary and secondary frontages in designated centres, and set policies that make clear which uses will be permitted in such locations” • “retain and enhance existing markets and, where appropriate, re-introduce or create new ones…” • “allocate a range of suitable sites to meet the scale and type of retail, leisure, commercial, office, tourism, cultural, community and residential development needed in town centres” • “allocate appropriate edge of centre sites…” • “set policies for the consideration of proposals for main town centre uses which cannot be accommodated in or adjacent to town centres” • “set out policies to encourage residential development on appropriate sites” (23)
Authorities should either set their own floorspace threshold for impact assessments, or use the national default (2,500 m sq). (26)
What the Core Strategy says
“The boundaries of centres and the identification of sites for main town centre uses to meet identified need will be defined in site specific Development Plan Documents.” (Policy 6.2)
“Other major residential-led development may require retail development of an appropriate scale and these will be addressed in subsequent Development Plan Documents.” (Policy 6.3 / paragraph 3.6.5)
Centres including Eastwood and Stapleford “are considered to be in need of enhancement or to be underperforming. Local Development Documents or informal planning guidance will be used to enhance their vitality and viability.” (Policy 6.4)
“Subsequent Development Plan Documents will determine the need to set thresholds for the scale of main town centre development in edge-of and out of centre locations.” (Policy 6.6)
Paragraph 3.6.3 refers to the NPPF requirement for councils to “demonstrate through Development Plan Documents how they can meet identified needs for main town centre uses” and says that councils will be guided by “their Retail Needs Studies”
Other background information
In the published Core Strategy, Beeston is defined as a town centre and Eastwood, Kimberley and Stapleford as district centres due their smaller size. Advice on ‘town centres’ applies to all four of the above centres in Broxtowe borough.
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The NPPF provides a clear approach to appraising unplanned development that would cause harm, requiring a sequential approach and an impact assessment. The enhancement of all four of these centres has been a priority of the Council. This is reflected in the Sustainable Community Strategy which has town centre management as a priority as part of the employment theme, and refers to “big opportunities” to create employment and “economic impact” with the regeneration of Beeston town centre. In the Corporate Plan there is a stated aim that satisfaction rates with Beeston, Kimberley, Stapleford and Eastwood town centres will exceed 90% as regeneration takes place. The Corporate Plan also says that “new plans to stimulate and regenerate town centres will be developed by local people and businesses” for all the borough’s centres.
In the existing Local Plan, policies prevent A1 uses being changed to other uses if such a change would amount to the overall A1 uses falling below two thirds of the prime shopping frontage. However, the situation currently experienced in town centres has led to the Portas Review and other clear guidance in the NPPF and from the Department of Business Innovation and Skills (BIS) through a document entitled “Understanding High Street Performance”. The latest thinking clearly acknowledges the challenges facing town centres from other retail centres and the internet, leading to a predicted reduction in High Street investment and greater expectations on voids. Town centres are complex places and the current policy, while quite correctly wishing to monitor the relationship between A1 and other uses, fails to address the question as to whether an exact proportion of 66% or more in A1 use genuinely affects a town centre, or whether a continuous frontage of three or more non A1 uses is significant.
The Portas Review of Town Centres makes 28 recommendations as to ways that they can be improved to compete with other aspects of the market (such as the internet) to make centres more attractive to customers. Please see the link below: http://www.maryportas.com/news/2011/12/12/my-28-recommendations/
Key issues:
Issue 4a: The existing town centre boundaries and primary frontages shown in the maps in the locally specific documents may no longer be appropriate and the Portas Review challenges previous thinking on town centres.
Issue 4b: There may be areas within the centres where it would be appropriate to restrict certain uses, or where allocations for specific uses should be made.
Questions:
Question 4a: Do you agree that these are the appropriate issues to consider regarding the town centres?
Question 4b: Which (if any) changes should be made, including to town centre boundaries and the definition of primary and secondary frontages and how should they reflect the Portas Review?
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Topic 5 – Community Facilities
What the NPPF says
Policies “should aim to achieve places which promote”:
• “opportunities for meetings between members of the community who might not otherwise come into contact with each other…” • “safe and accessible environments…” • “safe and accessible developments…” (69)
Policies should also:
• “plan positively for the provision and use of shared space, community facilities…and other local services…” • “guard against the unnecessary loss of valued facilities and services…” • “ensure that established shops, facilities and services are able to develop and modernise…” • “ensure an integrated approach to considering the location of housing, economic uses and community facilities and services” (70) • “protect and enhance public rights of way and access” (75)
What the Core Strategy says
“Work with primary care providers will ensure a fair distribution of primary care facilities across the area and where appropriate these will be included in subsequent Local Development Documents.” (Paragraph 3.12.3)
“If community facilities are to serve the entire community they need to be accessible, hence the need for them to be located near public transport and also be accessible by walking and cycling.” (Paragraph 3.12.2)
Other background information
Community safety is a priority in the Broxtowe Sustainable Community Strategy and the provision of high quality community facilities to support new development will have a central role to play in ensuring that the needs of local residents are met. The provision of play facilities is highlighted in the Sustainable Community Strategy.
The Health and Social Care Act proposes wide ranging changes to the NHS which will involve effective planning for health infrastructure.
In Broxtowe there are infrastructure needs for health and social care in our area.
Key issues:
Issue 5:– New allocations may be needed for educational uses, health provision, community centres, cemeteries, places of worship or other community uses. If so, it would need to be decided whether they should be ‘stand-alone’ or form part of mixed use development. 54
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Questions:
Question 5a: – Do you agree that there is a need to identify specific sites for the above uses?
Question 5b: - if so where should these best be located?
Topic 6 – Enhancing the Environment
What the NPPF says
Plans should “allocate land with the least environmental or amenity value” (110) – bearing in mind that “recognising the intrinsic character and beauty of the countryside” is one of the “core planning principles”. (17)
Local Planning Authorities should:
• “where significant development of agricultural land is demonstrated to be necessary…seek to use areas of poorer quality land in preference to that of a higher quality” (112) • “set criteria based policies against which proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged” – and there’s an indication that “locally designated” landscape etc sites are acceptable. (113) • “set out a strategic approach in their Local Plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure” (114)
Planning policies should:
• Support “re-using land that has been previously developed” (111) • “plan for biodiversity at a landscape-scale across local authority boundaries” (with the possibility of designating ‘Nature Improvement Areas’) • “identify and map components of the local ecological networks, including the hierarchy of…national and locally designated sites of importance for biodiversity, wildlife corridors and stepping stones that connect them and areas identified by local partnerships for habitat restoration or creation” • “promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations” • “identify suitable indicators for monitoring biodiversity in the plan” • “aim to prevent harm to geological conservation interests” (117,165) • “ensure that the site [where development is proposed] is suitable for its new use taking account of ground conditions and land instability” • “ensure that, after remediation, as a minimum, land should not be capable of being determined as contaminated land…” (121)
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Policies should also:
• “avoid noise from giving rise to [sic] significant adverse impacts on health and quality of life…” • “mitigate and reduce to a minimum other adverse impacts on health and quality of life…” • “identify and protect areas of tranquillity” (123) • “sustain compliance with and contribute towards EU limit values and national objectives for pollutants, taking into account the presence of Air Quality Management Areas…” (124) • “limit the impact of light pollution from artificial light on local amenity, intrinsically dark landscapes and nature conservation” (125)
Where there are “major expansion options”, “assessments of landscape sensitivity” should be carried out. (170)
What the Core Strategy says
Regeneration alongside urban concentration is a key part of the plan’s strategy. This means reusing land that has been previously developed (brownfield land) and identifying priority areas for regeneration. (Policies 4 and 7)
Proposals and initiatives will be supported where the historic environment and heritage assets and their settings are conserved and enhanced in line with their interest and significance. (Policy 11)
Green infrastructure “corridors and assets of a more local level…will be defined through Local Development Documents.” (Policy 16.1)
“Criteria for the assessment of proposals and any areas of locally valued landscape requiring additional protection will be included in other Development Plan Documents.” (Policy 16.2.e / paragraph 3.16.8)
Other background Information
The environment is a priority in the Broxtowe Corporate Plan with an objective of identifying 107 hectares of land as Local Nature Reserves. In addition it is stated that the Council will continue with its objective to plant 100,000 trees in the borough by 2016, that it will develop a green infrastructure plan and that it will “continue to lead partnership working to increase opportunities for the delivery of projects to increase biodiversity, wildlife protection, creation of new habitats and access to the countryside.” The Sustainable Community Strategy also has the environment as one of its priorities and refers to the opportunity to create a “linear park” along the Erewash Valley.
Key issues:
Issue 6: There may be areas that should be protected and/or enhanced due to constraints or opportunities relating to geological, ecological, environmental, landscape or physical issues. Examples may include:
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i) Green infrastructure ii) Local ecological networks, wildlife corridors iii) Biodiversity/ wildlife protection, iv) Areas of tranquillity v) Woodland
Questions:
Question 6a: Do you agree that these are appropriate matters to consider regarding enhancing the environment?
Question 6b: Have we missed any specific options?
Question 6c: Do you agree that there is a need to identify specific sites for the above uses?
Question 6d: If so where should those best be located?
Topic 7 – Healthy Living
What the NPPF says
Policies “should aim to achieve places which promote”: • “opportunities for meetings between members of the community who might not otherwise come into contact with each other…” • “safe and accessible environments…” • “safe and accessible developments…” (69)
Policies should also: • “plan positively for the provision and use of shared space, community facilities…and other local services…” • “guard against the unnecessary loss of valued facilities and services…” • “ensure that established shops, facilities and services are able to develop and modernise…” • “ensure an integrated approach to considering the location of housing, economic uses and community facilities and services” (70) • “protect and enhance public rights of way and access” (75)
Policies should be “based on robust and up-to-date assessments of the needs for open space, sports and recreation facilities and opportunities for new provision” and information from these assessments “should be used to determine what open space, sports and recreational provision is required” (73) – and the same seems to apply to “places of worship” (171)
‘Local Green Space’ designations can only be designated via a local or neighbourhood plan. (76)
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What the Core Strategy says
“Parks and Open Space should be protected from development and deficiencies addressed in site specific or other Development Plan Documents.” (Policy 16.4)
“A number of issues will be addressed in subsequent Local Development Documents prepared by local authorities. These may include Green Infrastructure corridors and assets of a more local nature, locally valued landscapes which require additional protection, and embedding the Green Infrastructure network approach into the development of sites.” (Paragraph 3.16.10) Other background information
The Council’s Green Spaces Strategy builds on the preceding Green Spaces Audit and covers the period to 2019. The Strategy sets out a creative and innovative approach to the provision, management and development of our green spaces. It recognises the importance of parks and green spaces to our quality of life.
The population and housing growth that will take place in Broxtowe to 2028 will need to be supported by the necessary infrastructure including for health. Policy 12 of the Core Strategy promotes healthy lifestyles.
Healthy living is a priority in the Sustainable Community Strategy and in the Corporate Plan it is an objective that 100% of parks and open spaces will have achieved the Council’s new standard for these facilities.
Key issues:
Issue 7: Allocations may need to be made for the following uses either as single sites, mixed uses or in association with other development allocated such as housing. i) Open space ii) Play space iii) Outdoor amenity space iv) Allotments.
Questions:
Question 7a: Do you agree that these are appropriate matters to consider regarding healthy living?
Question 7b: Have we missed any specific options?
Question 7c: Do you agree that there is a need to identify specific sites for the above uses?
Question 7d: If so where should those best be located?
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Topic 8 – Transport
What the NPPF says
“All developments which generate significant amounts of movement should be required to provide a Travel Plan.” (36)
“For larger scale residential developments in particular, planning policies should promote a mix of uses…” (38)
It is optional as to whether or not local parking standards are set. (39)
What the Core Strategy says
“The need to travel especially by private car will be reduced by securing new developments of appropriate scale in the most accessible locations” and by following a “hierarchical approach to ensure the delivery of sustainable transport networks”. (Policy 14.1 and 14.3)
“Further transport infrastructure schemes are likely to emerge through Local Transport Plan reviews and subsequent Development Plan Documents.” (Policy 15.6)
Other background information
An integrated approach to both land use and transport planning is essential to meet targets in the Nottinghamshire Local Transport Plan and to achieve Sustainable Development. Location choices for development need to maximise walking and cycling, which are the most sustainable forms of transport and also have health benefits. This can be best achieved by allocating new developments within walking and cycling distance of nearby facilities that residents will want to use (such as in a town centre).
Sustrans (a national charity promoting travel by foot, bike and public transport) provides scientific research that demonstrates the benefits of ‘active travel’, such as walking and cycling, for reducing the risk of obesity and many chronic diseases and for improving mental health and well-being.
Key issues:
Issue 8: We need to maximise the use of walking, cycling and public transport at the sites to be allocated for development. As well as ensuring road access is fully acceptable, allocations for housing or other development may require standards for bus penetration into the site, cycle lanes or other sustainable transport measures. A minimum size threshold may be appropriate to require these standards. If so, a decision would be needed as to what size threshold should apply.
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Questions:
Question 8a: Do you agree that these are the appropriate matters to consider regarding transport?
Question 8b: If not what other issues need to be considered?
Topic 9 – Tackling Climate Change
What the NPPF says
Local planning authorities should:
• “plan for new development in locations and ways which reduce greenhouse gas emissions” • “consider identifying suitable areas for renewable and low carbon energy sources” • “identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co- locating potential heat customers and suppliers” (97 – and “renewable resources” is one of the “core planning principles” at 17) • “take account of climate change over the longer term, including factors such as flood risk” (99) • “apply a sequential, risk-based approach to the location of development…and manage any residual risk” (100) – and, following the sequential test, both elements of the exception test “will have to be passed for development to be allocated” (102)
What the Core Strategy Says
“All development proposals will be expected to deliver high levels of sustainability in order to mitigate against and adapt to climate change, and to contribute to national and local targets on reducing carbon emissions and energy use.” (Policy 1.1)
“Further guidance on how development should contribute to reducing Carbon Dioxide emissions will be set out in Development Plan Documents, where appropriate.” (Policy 1.4 / paragraph 3.1.10)
With regard to flood risk-
“Where appropriate, further guidance on the application of the sequential and exception test will be set out in Local Development Documents.” (Policy 1.9)
Further Background
The UK government is actively seeking to reduce green house gas emissions and has set targets in the Climate Change Act 2008 to reduce carbon dioxide (CO2) emissions by 80% below current levels by 2050. Broxtowe has signed the Nottingham Declaration on Climate Change, which is a public statement of the intent
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to work with the local community and businesses to respond to the challenges of climate change.
In addition to the ambitions set out in the Core Strategy, there are objectives in the Broxtowe Corporate Plan to reduce our own CO2 emissions by 2.9% per capita per year to secure reductions in the carbon footprint of the borough as a whole, and to increase the amount of energy we use from renewable sources.
This reflects a motion passed by Council in 2008, which included the following provisions relating to the preparation of Development Plan Documents:
‘Planning and Energy Act 2008
The Council notes that the Planning and Energy Act 2008 received Royal Assent on 13 November 2008 and came into force the same day. The Council further notes that this Act empowers local authorities to set reasonable requirements in their development plan documents for:
a) A proportion of energy used in development in their area to be energy from renewable sources in the locality of the development; b) A proportion of energy used in development in their area to be low-Carbon energy from sources in the locality of the development; c) Development in their area to comply with energy-efficiency standards that exceed the energy requirements of building regulations.’
Broxtowe’s Sustainable Community Strategy says that tackling issues relating to climate change is a priority. It highlights opportunities for raising the awareness of renewable technologies and for exploring the potential for them to be installed.
Key issues:
Issue 9: Climate change policies will need to apply to all new development considerations but in addition it may be appropriate to identify areas that are considered suitable for specific renewable and low carbon energy or associated developments in their own right.
Questions:
Question 9: – Do you agree that it is appropriate to consider sites for specific low carbon or renewable energy developments (such as wind turbines)? If so where should those be?
Topic 10 – Neighbourhood Planning
What the NPPF says
The application of the presumption (in favour of sustainable development) will have implications for how communities engage in neighbourhood planning. Critically it will mean that neighbourhoods should:
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• develop plans that support the strategic development needs set out in Local Plans, including policies for housing and economic development
• plan positively to support local development, shaping and directing development in their area that is outside of the strategic elements of the Local Plan; and
• identify opportunities to use Neighbourhood Development Orders to enable developments that are consistent with their neighbourhood plan to proceed. (Paragraph 16)
Neighbourhood Planning gives communities direct power to develop a shared vision for their neighbourhood and deliver the sustainable development they need. Neighbourhood Plans must be in general conformity with the strategic policies of the Local Plan and, outside of these strategic elements, Neighbourhood Plans will be able to shape and direct sustainable development in their area. (Paragraphs 183 to 185)
What the Core Strategy says
Broxtowe is preparing a site specific local plan setting out its approach to the housing figures and economic aspirations in the aligned Core Strategies. The Council has resolved that, where possible, these will be prepared in the form of Neighbourhood Plans. Where it is not possible to prepare a Neighbourhood Plan for any part of the borough, the Allocations and Development Management documents will contain a statement saying why this is the case.
Further Background
In October 2012 Broxtowe hosted an event which included representatives from Planning Aid in an effort to provide further guidance and help to groups looking to proceed with Neighbourhood Plans; followed by Parish meetings. The presentations given and an advice note are available from the borough Council and are on the Council’s website on the Neighbourhood Planning page http://www.broxtowe.gov.uk/index.aspx?articleid=11476
http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood- planning/who-leads-neighbourhood-planning-in-an-area/what-is-the-role-of-a-parish- or-town-council-in-neighbourhood-planning/
http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood- planning/who-leads-neighbourhood-planning-in-an-area/what-is-a-designated- neighbourhood-forum/
http://locality.org.uk/wp-content/uploads/Roadmap-worksheets-map-May-13.pdf
What is a Neighbourhood Plan?
A Neighbourhood Plan when adopted will become a statutory (legal) document which sets out a vision for an area and contains local planning policies for the use
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and development of land. These policies should cover local issues; for example, where new affordable and market homes, shops or offices should go, including the on site mix, and what green spaces should be protected. Neighbourhood Plans are designed to allow local people much greater control of how their own communities develop.
Who should be involved in its preparation?
Any community group can apply to be involved in creating a Neighbourhood Plan, subject to certain rules. In areas with a town or parish council they will normally take the lead. Any community group must have at least 21 members, be representative of the community as a whole and be open to new members. Local businesses may be involved in these plans and the borough council will provide advice and support. This support may involve: • sharing evidence and information on planning issues • helping with consultation events • providing advice on assessments including strategic environmental assessment and evidence • providing advice on national and local plan policies with which the Neighbourhood Plan or Neighbourhood Development Order will need to fit • helping communities communicate with external partners where this is required.
What can it contain?
With a Neighbourhood Plan, communities will be able to establish planning policies for the development and use of land in a neighbourhood. They will be able to say, for example, where new homes and offices should be built and what they should look like. The neighbourhood plan will set a vision for the future. It can be detailed, or general, depending on what local people want.
Neighbourhood Plans can contain Neighbourhood Development Orders. These can be used to grant planning permission for specific types of development in a neighbourhood area. For example, a Plan could give permission to residents in the area to build household extensions of a certain size without needing to apply for planning permission.
Neighbourhood Plans can also contain Community Right to Build Orders, which allow neighbourhood groups to bring forward certain developments, such as small scale housing, a shop or community facilities, without the need to apply for planning permission.
Key issues:
Issue 10: Neighbourhood planning provides a powerful set of tools for local people to ensure that they get the right types of development for their community. Under the terms of the new Localism Act, communities can now choose to produce a neighbourhood plan, which will contain policies to help shape and deliver new development in their areas
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Questions:
Question 10: Are you willing to take part in the preparation of a neighbourhood plan for your area? If yes please provide details, including maps showing the area, and specify if there is any additional help the borough Council can provide.
Topic 11 – Local priorities and other issues and options
In covering the main issues associated with matters arising from the Core Strategy, it is recognised that at a local level there may be specific matters, including the need for local infrastructure, that are not covered in the wider strategic approach to development and that may be helped by allocating sites for specified development. The Council is keen to understand those local matters which could in part be covered through Neighbourhood Planning matters dealt with earlier in this document.
Question 11: Are there local priorities or other issues and options that are not mentioned in previous sections and that are important to consider in allocating sites or dealing with other developments? If yes please provide details.
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Report of the Chief Executive ASHFIELD LOCAL PLAN PUBLICATION DOCUMENT
1. Purpose of report To consider the Ashfield Local Plan Publication Document. This is in accordance with the Council’s priorities of housing, jobs and business growth and the environment. 2. Background Ashfield District Council was previously a partner in the production of the Greater Nottingham Aligned Core Strategies. However, Ashfield is now instead producing a new Local Plan for the whole district. This will, when adopted, replace the ‘Ashfield Local Plan Review (2002)’. Cabinet considered the ‘Preferred Approach’ consultation on the Local Plan. As a result, the Council did not make objections to the Plan in so far as it related to the distribution and amount of development proposed up to 2023. However, the Council strongly suggested that Ashfield considered extending its plan period to 2028 to bring it in line with government guidance in the NPPF and the approach of Broxtowe in our Core Strategy. Ashfield has not done this Ashfield has now produced its publication version of the Local Plan. Representations can be made until 30 September, following which Ashfield intends to submit the Plan to the Secretary of State for independent examination 3. Details A summary of strategic housing issues is given in the appendix, together with a summary of site-specific proposals close to the boundary with Broxtowe.
Recommendation Cabinet is asked to RESOLVE that an objection should be made to the Ashfield Local Plan on the grounds of ‘soundness’ (not being ‘positively prepared’, ‘justified’ ‘effective’ and consistent with national policy) because the plan period runs until 2024 rather than 2028.
Background papers Nil
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APPENDIX Strategic housing issues The period covered by the Plan is 2010-2024. This compares with 2010-2023 in the ‘Preferred Approach’, 2006-2026 in the former Regional Plan and 2011-2028 in the Aligned Core Strategies. The Hucknall part of Ashfield was treated as part of Greater Nottingham in the Regional Plan. Due to the different plan periods and end dates, direct comparisons are not possible of overall housing figures in the Publication Document with those in the former Regional Plan and the Aligned Core Strategies. However, the Publication Document proposes the equivalent of 546 dwellings per annum (dpa) for the whole of the district, whilst the former Regional Plan, which forms a basis for the Aligned Core Strategies figures, set a figure of 560 dpa. For the Hucknall part of the district, the Publication Document proposes the equivalent of 176 dpa, which compares with 180 dpa in the former Regional Plan. Site-specific issues close to the boundary with Broxtowe A strategic mixed use allocation is proposed at Rolls Royce, Watnall Road, Hucknall within the existing urban boundary and partly adjacent to the borough boundary. This would involve a 33 ha site for 900 dwellings. A 27 ha site is also proposed for 100,000 square metres of Class B1/B2/B8 use, which would be served by a new road to give direct access onto the Hucknall By-pass. An 8 ha allocation for business and economic development is proposed at the Blenheim Lane Industrial Estate, Hucknall. This is also adjacent to the borough boundary. Access would be by the existing industrial estate road. It is proposed to release two sites on the western side of Underwood from the green belt for housing purposes. These total 5.5 ha and are close to the borough boundary at Brinsley. (Three other smaller housing sites are also proposed at Underwood, further from the borough boundary and totalling 1.7 ha.) Comment With regard to planning strategically for Greater Nottingham, in terms of annual equivalent figures the proposed scale of housing at Hucknall is virtually the same as the figure from the former Regional Plan. The scale for the whole district is only very slightly below the former Regional Plan figure. These annual equivalent figures are unchanged from the ‘Preferred Approach’ and mean that the proposals will not cause undue pressure for additional development in nearby authorities up to 2024. The end of the plan period is now 2024, compared with 2023 in the ‘Preferred Approach’. This is four years earlier than the Aligned Core Strategies. The National Planning Policy Framework says that Local Plans should preferably have a 15-year time horizon. This will mean that other authorities, including Broxtowe, will not know how much is to be planned for in Ashfield after 2024. It will therefore result in a deficiency in coordinated strategic planning to meet the needs of Greater Nottingham between 2024 and 2028. It could therefore cause undue pressure for additional development in nearby authorities, such as Broxtowe, in this period. The site-specific proposals at Rolls Royce, Blenheim and Underwood are essentially unchanged since the ‘Preferred Approach’ stage. The Council was satisfied with
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Report of the Chief Executive
NOTTINGHAM AND NOTTINGHAMSHIRE TRAVELLER ACCOMMODATION ASSESSMENT METHODOLOGY
1. Purpose of Report
To seek approval for the final version of the Nottingham and Nottinghamshire combined methodology for preparing a Gypsy and Traveller Accommodation Assessment following a technical consultation and to outline the intended future joint working between the Authorities involved. This is in accordance with the Council’s housing priority.
2. Background
The government’s ‘Planning Policy for Traveller Sites’, which was published in March 2012, which requires councils to prepare assessments of need. These should be based on robust evidence of local need and authorities should set targets (for pitches and plots) based on this evidence. Policy 9 of the Publication Version of the Core Strategy states that sufficient sites for permanent gypsy and traveller and travelling show people accommodation will be identified. In order to identify such sites an updated assessment of need will need to be undertaken.
3. Details
Broxtowe, along with the other authorities in Nottinghamshire, are seeking to update their Gypsy and Traveller Accommodation Assessments (GTAAs). The first stage of this process is to set out how the assessments will be undertaken in a methodology statement. This statement has recently been the subject of a technical consultation, the results of which are summarised in the background papers. The consultation did not raise any fundamental concerns with the approach taken. The final version, with minor changes following the consultation, is available in the background papers. Following the publication of the methodology it is proposed to retain joint working relationships and to progress with the production of individual GTAAs on similar timescales. Although some data will be available in house, it will be necessary to approach site owners and set up workshops to attain information on such issues as concealed households and aspirations of those living in bricks and mortar. Currently two workshops are being considered (one in the north, one in the south) for later in the year.
Recommendation
Cabinet is asked to RESOLVE that the Nottingham and Nottinghamshire Traveller Accommodation Assessment Methodology be published and agree to further joint working between the Councils involved. Background papers Nottingham and Nottinghamshire Traveller Accommodation Assessment Methodology. Summary of Technical Consultation on Draft Methodology for use in Gypsy and Traveller Accommodation Assessments.
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APPENDIX Background
The government’s ‘Planning Policy for Traveller Sites’, was published in March 2012. The document requires councils to prepare assessment of need and authorities should set targets (for pitches and plots) which address the likely permanent and transit site accommodation needs of travellers in their area, working collaboratively with neighbouring local planning authorities.
The Nottinghamshire Gypsy and Traveller Accommodation Assessment sets out permanent pitch requirements for each local authority within Nottinghamshire between 2007 and 2011. It also states there is a requirement for a transient site somewhere within Nottinghamshire. This study identified the pitch requirement for Broxtowe within the Assessment period to be two. During the four year period Broxtowe has not received any planning applications for gypsy sites nor has it specifically allocated any sites. As the assessment period has now expired Broxtowe, along with other Nottinghamshire authorities is required to update this assessment.
In order to produce this previous study the authorities commissioned outside consultants. Due to the financial implications of this it has been decided that it will be more cost effective and efficient to produce the updated study by sharing the resources between the Council’s involved and to avoid using outside consultants if at all possible.
Due to the nature of gypsies and travellers, it is fully acknowledged that the need for Traveller sites is an issue which straddles administrative boundaries. Broxtowe has been working in partnership with the County and all Nottinghamshire district councils in order to produce a methodology to accurately assess the need for pitches and plots across Nottinghamshire. Although it will be each individual authority’s responsibility to assess their need, it is considered that applying a consistent methodology across authorities will go a long way to achieving a joint and cooperative outcome in line with the Planning Policy for Traveller sites and the ‘Duty to Cooperate’ contained in the National Planning Policy Framework.
The methodology aims to assess the gypsy and traveller accommodation need for the period from 2013-2028. The methodology has been informed by various sources including the previous study, the guidance published by CLG and good practice from other authorities.
Firstly, the methodology aims to calculate the current need by taking into account the number of unauthorised developments/encampments, the number of gypsy and travellers in bricks and mortar with demonstrable need for sites, the number of concealed households and information from public site waiting lists. After establishing the current need, in a similar approach to housing need assessments, the methodology looks at five year tranches in order to forecast the likely future need, 2013-2018, 2018-2023 and 2023-2028. It is proposed to review the evidence base at regular timescales during the lifetime of the document to take into account changing circumstances.
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The methodology has recently been the subject of a technical consultation in which the general consensus was that the approach taken seemed to be sensible and no significant alterations were proposed. As none of the responses proposed significant changes to the methodology, it has been agreed that this is the final version that will be put forward to members of each of the respective councils with a view to publishing it to form the basis of the GTAAs of each authority.
The councils involved are keen to maintain joint working relationships and, where possible, follow similar timescales and share resources on collating the evidence required to feed into the methodology. The Gypsy and Traveller Liaison Officer for Nottinghamshire has agreed that she will be able to assist in approaching site owners and members of the gypsy and traveller community and travellers on unauthorised encampments with surveys aimed towards achieving the qualitative data required for the evidence base. Two workshops (one in North Nottinghamshire, one in South Nottinghamshire) are also to be scheduled with service providers, representatives from the travelling communities, neighbouring authorities/organisations and other relevant stakeholders in late September or early October with the aim of further informing the evidence base. It is proposed that the wage of the Gypsy and Traveller Liaison Officer and any associated costs with the workshops (hiring rooms etc.) will be split between the respective councils. However, it is agreed that, as some authorities e.g. Bassetlaw and Newark and Sherwood, have significantly more traveller sites, then they and that they will be required to contribute more to the Gypsy and Traveller Liaison Officer’s time, the details of which have yet to be agreed.
Members will be aware that Broxtowe, along with the aligned authorities of Gedling and Nottingham, have recently submitted the Aligned Core Strategy and the examination sessions are due to take place in October and November. Policy 9 of the Aligned Core Strategy states that-
1. ‘Sufficient sites for permanent Gypsy and Traveller, and Travelling Showpeople accommodation will be identified in line with a robust evidence base. The allocation of sites will be made in other Development Plan Documents in accordance with this evidence base.’
The Core Strategy Inspector has raised the following questions for gypsy and traveller sites:
• Is Policy 9 consistent with DCLG’s Planning Policy for Traveller Sites March 2012? Paragraph 3.9.2 and the table in the ACS suggest that the data is historical (for 2007-11) and that Policy B paragraph 9 of the DCLG document has not been met.
• Since the allocation of sites is deferred to other unspecified DPDs, and some representors have queried the provision of traveller sites on the proposed sustainable urban extensions, how effective is Policy 9 likely to be?
Therefore it is necessary that Broxtowe can demonstrate that we are making good progress towards producing this and identifying up to date gypsy and traveller need. The policy also stipulates that appropriate local consultation will be undertaken to
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CABINET – Economy and Regeneration 24 September 2013 ensure that the views and the needs of both settled and traveller communities are taken into account. It is therefore necessary for Broxtowe to resolve to undertake the consultation events in conjunction with the other authorities involved as outlined above to accord with the policy objective of the emerging Aligned Core Strategy.
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Report of the Director of Housing, Leisure and Culture NEW LEISURE CENTRE DEVELOPMENT
1. Purpose of report To seek support in principle to work with Oxylane on a proposal for the development of a new leisure centre on land at the Kimberley/Eastwood bypass, Nuthall to be submitted as a planning application and to seek agreement of outline Heads of Terms for a lease. This is in accordance with the Council’s priority of bringing people together and the objective of encouraging healthy participation in the arts, culture and leisure.
2. Background Members will be aware that no long term replacement policy or programme exists for the Council’s leisure centres. Oxylane’s proposed development, which is subject to planning permission, would be a major enhancement/addition to sports facilities in the borough and, as such, presents a unique opportunity to address the commencement of a replacement leisure centre programme.
3. Detail Officers have been in discussion with Oxylane regarding the proposed development for some time, including the possibility of building a new sports and leisure centre on the site. More information is available at appendix 1, with outline Heads of Terms for a proposed lease covering this Council’s involvement on the site set out at appendix 2. Cabinet is only asked therefore at this point in time to consider the development in principle and the lease arrangements that are being proposed.
4. Financial Implications No budget approval exists for this scheme. Preliminary work has been undertaken with both architects and consultants, with predicted capital costs for a new facility of around £9.3 million (excluding VAT). The likely operating cost of a new centre on this site (after taking account of interest and repayment of any borrowing taken out to finance it) is predicted to be less than the current costs of running the two existing centres at Eastwood and Kimberley.
Recommendations Cabinet is asked to RESOLVE that: 1) The principle of the development of a new leisure centre on the Oxylane site be agreed 2) The Council engages with the developers of the Oxylane site as necessary in order to help with the submission of an outline planning application and in order to enable the Development Control Committee to consider the planning merits of any application 3) The Council agree to the Heads of Terms for a lease as attached at appendix 2 and to delegate authority to the Director of Housing, Leisure and Culture to negotiate an Agreement for Lease in consultation with the Leader, Portfolio Holder, the Deputy Chief Executive and Head of Legal Services. 4) A further report be brought back to Cabinet in due course to consider the final lease terms and financial viability of such arrangements, subject to planning approval being given. Background Papers: Nil
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APPENDIX 1 Additional Information
Existing Provision
Continued financial pressures make the financial performance and long-term viability of the current leisure centres particularly important, not least because they are a non-statutory service. In addition, Bramcote, Kimberley and Chilwell leisure centres are now very old buildings, are not reflective of current standards of provision and have a limited future life without major capital investment in the near future. Of the four sites, only Bramcote is owned by this Council.
The potential development of a new Council leisure facility on the Oxylane site would not only provide a significantly improved and more cost effective leisure provision but would also enhance the proposed Oxylane scheme, making it a true “sports hub”. This new facility would, potentially, replace both Kimberley and Eastwood Sports Centres (although these facilities would remain in school ownership and available to the wider community). The Council is required to serve a two year notice period in respect of Kimberley Leisure Centre, however there is no formal notice period in respect of Eastwood Community Sports Centre.
New Facility
This project provides an opportunity to collaborate with the private sector to produce a unique and innovative range of sporting, leisure and health opportunities which could capitalise on the Olympic legacy. The proposal seeks to achieve a step change improvement in health and wellbeing for the local population and represents the first venture in the UK for Oxylane, which has a track record of developing leisure operations in France.
A proposed new facility would include an extensive range of leisure facilities including:
25 metre swimming pool Teaching pool Sports hall Fitness suite Aerobics/dance studios Health suite with sauna, steam and spa facilities Outdoor synthetic and grass football pitches
A range of other sports and leisure facilities are already planned as part of the proposed Oxylane development, including cycling, tennis, running etc. which enhance the overall range of facilities on site.
It is also anticipated that other facilities could be developed alongside this “core” offering in conjunction with both Oxylane and various National Governing Bodies of Sport.
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An outline design for the centre, along with site plans, are being developed and current cost projections for the project are approximately £9.3 million.
Planning position
Should Cabinet agree to approve the collaboration in principle, it would do so entirely without prejudice as to whether planning permission might be forthcoming for the scheme. The development control system must remain resolutely independent on the merits of recommending any such proposal for permission. In any event, as the proposal would be a departure from planning policy, it would have to be subject to determination by the Secretary of State should he choose to call in any application which is drawn up.
Financial overview
A business plan is being developed on the basis of ceasing the Council’s involvement at Kimberley and Eastwood Sports Centres. The preliminary analysis indicates that the new facility would cost less than the current levels of operation at these two centres, including taking into account any debt financing costs for the new centre. Furthermore it is anticipated that the level of savings achievable as compared with current costs could grow as levels of usage in the new centre reach maturity.
Legal advice is being sought on the EU procurement implications of Oxylane’s proposed arrangements and the Council’s potential contractual arrangements for the construction of the suggested leisure centre. If any part of the development requires procurement under the Public Contracts Regulations 2006, this could indicate a further cost.
Risk
At his stage officer time and a small amount of cost has been invested in looking at the Council’s options. This report does not commit the Council to any risks associated with the viability or otherwise of the proposed development. Such issues will be considered at a future date as and when this matter is reported back to Cabinet.
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APPENDIX 2
Heads of Terms
Outline Heads of Terms are set out below. The final details of the lease will, as per the recommendation, be delegated and subsequently reported back to Cabinet.
In simple terms, Oxylane would provide, at a peppercorn, a fully serviced site on which this Council can construct agreed leisure facilities, by way of lease for a period of 125 years.
HEADS OF TERMS
re. Leisure unit at Oxylane Village, Broxtowe, Nottingham
1 Landlord: Sportstock Limited, Canada Water Retail Park, Surrey Quays Road, London SE19 2XU
2 Tenant: Broxtowe Borough Council, Council Offices, Foster Avenue, Beeston, Nottingham NG9 1AB
3 Property: The area shown for identification only edged in red on the attached plan
4 Transaction: The Landlord will make available a plot within the Property to the Tenant, serviced, to enable the Tenant to construct a leisure centre intended to be broadly in accordance with the plans and drawings attached
5 Landlord’s Works: The Landlord shall be responsible for providing the plot fully serviced and levelled in order that the Tenant can commence its works
6 Tenant’s Works: The Tenant shall construct the leisure centre in accordance with plans and specifications to be agreed
7 Warranties: The Tenant shall produce a full set of warranties for the Landlord from its building contractor and professional team in relation to the Tenant’s Works
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8 Lease: On completion of the Landlord’s Works the Landlord will grant to the Tenant a lease of the plot
9 Terms of Lease:
9.1 Rent: One peppercorn
9.2 Term: 125 years
9.3 Full repairing and insuring terms
9.4 Service charge provisions re. repair and maintenance of common parts
9.5 User: [Leisure centre/swimming pool]
10 Conditions:
10.1 Planning Permission for (inter alia) the Property being granted for use as [an Oxylane Village] including permission for the construction of the leisure centre
10.2 Exercise by the Landlord of its option to acquire the freehold of the Property and the property shown edged in blue on the attached plan
10.3 A Cabinet Resolution being granted by the Tenant approving the entering into of the transaction [and delegated authority being granted to [ ] to enable him to negotiate the transaction on behalf of the Tenant]
10.4 Landlord’s board approval
10.5 Contract
11 Planning application:
11.1 Landlord to submit application and pursue application as it sees fit
11.2 Tenant to assist Landlord so far as practicable if requested in connection with application, but having regard to the need for the Tenant to separate its interests in the transaction from its statutory function as planning authority
12 Timing:
The parties intend that a planning application is submitted by 27th September 2013 so far as possible
13 Landlord’s Representative:
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14 Tenant’s Ted Czerniak, Broxtowe Borough Council, Council Representative: Offices, Foster Avenue, Beeston, Nottingham NG9 1AB Tel: 0115 917 3419 E-Mail: [email protected]
15 Landlord’s Solicitor:
16 Tenant’s Solicitor: Phil Horsfield, Broxtowe Borough Council, Foster Avenue, Beeston, Nottingham NG9 1AB Tel: [ ] E-mail: [ ]
17 Costs: Each party shall be responsible for its own costs in connection with the transaction
18 Non-legally binding: These heads of terms are not intended to create any legally binding obligation
Dated ……………………………………………………. 2013
Signed by ………………………………………………… For and on behalf of Sportstock Limited
Signed by ………………………………………………… For and on behalf of Broxtowe Borough Council
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APPENDIX 3
Field At Grid Reference 451088 343782, Kimberley/Eastwood Bypass, Nuthall Outline planning application with all matters reserved for subsequent approval (except for means of access) for the construction of a mixed use development (outdoor multi-sport, lifestyle and recreation facility) incorporating 2 N° buildings (5655sqm and 4535sqm) (Class A1 (Sports retail) A3/D1/D2 or garden centre (with additional outdoor sales area and polytunnels/glass houses), a multi sports building (Class D2), sports facilities and open space, construction of new vehicular access, car parking and associated works Development Control Committee 17 July 2013 Scale: 1: 6,000 Chief Executive’s Department
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Report of the Sustainable Communities Examination and Inquiry Group
The Night Time Economy in Beeston, Eastwood,
Kimberley and Stapleford
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Contents
Summary 2
Members of the Examination and Inquiry Group 3
Recommendations 4
Background 5
Road Closures 8
Witnesses 10
Licensing Matters 14
Conclusions 18
Appendices 1. Witnesses who gave evidence to the group 2. Scoping report 3. Survey results 4. Mapping of bus service availability 5. Broxtowe Town Centre and edge of town centre venues
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Summary
1. Following a meeting of the Overview and Scrutiny Committee (OSC) on 9 May 2012, the subject of the night time economy in Beeston, Eastwood, Kimberley and Stapleford was added to the scrutiny work programme. On 25 July 2012 the topic was delegated to the Sustainable Communities Examination and Inquiry Group (EIG).
2. The review concluded on 8 July 2013 after collecting evidence from a range of witnesses.1 Over the course of the review the group met 8 times, on 10 September, 22 October, 3 December 2013 and 14 January, 25 February, 8 April, 21 May and 8 July 2013.
3. The purpose of the review was to achieve the outcomes outlined in the scoping report.2 The review sought to achieve the following:
• to examine each of the town centres and assess the current situation and if it is working effectively • to draw comparisons with other similar town centres and identify examples of good practice which could be implemented in Broxtowe • to enhance the vitality and viability of the town centres
4. The review was carried out in accordance with the Council’s corporate priorities of jobs and business growth, community safety and bringing people together.
5. This report sets out the review process which was adopted, options considered and the conclusions and recommendations arising from this work.
6. Supporting information used in the review process is contained in the appendices.
1 The list of witnesses is attached at appendix 1. 2 The scoping report is attached at appendix 2. 2
Members of the Sustainable Communities Examination and Inquiry Group
1. Councillor Bob Charlesworth was the chair of the group with Councillor Mary McGuckin as vice chair.
2. Seven other councillors were also part of the group:
• Councillor Eileen Atherton • Councillor Andy Cooper • Councillor Ray Darby • Councillor Tony Ford • Councillor Marilyn Hegyi • Councillor Ken Rigby • Councillor Paul Simpson
3. The group were assisted by Matthew Batterham, Town Centre Manager, Sue Rodden, Head of Administrative Services and Jack Howarth, Scrutiny/Democratic Services Assistant.
4. During the review the following members were replaced on the group:
• Councillor Ian Tyler (former Chair) • Councillor Greg Marshall • Councillor Andrea Oates
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Recommendations
It is recommended to Cabinet that:
1. The establishment of night time economy (NTE) steering groups in each town to help deliver improvements to the night time economy be supported.
2. Signage in the area of the retail park at Giltbrook be increased to direct visitors to town centres in Broxtowe which may increase activity at night.
3. Officers be requested to consider the provision of tourist information at the Giltbrook retail park.
4. Local businesses should be asked to revisit their opening times to coincide with events which are taking place in order to capitalise on increased footfall and provide more services to visitors.
5. Officers be asked to look at the possibility of promoting the Wetherspoons Pub Guide as a way to link different towns together.
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Background
1. The night time economy (NTE) is essential for the local economy and in maintaining the vibrancy and sustainability of Broxtowe as a whole. As such, the relationship between the town centres, local heritage and places of interest and tourism are equally important features.
2. Versatility can be the making of a town centre. An area which poses a challenge in achieving versatility is the transition which takes place daily from the day-time economy to the evening economy. With this shift, the uses of the town centre change dramatically with individuals and businesses shifting their needs accordingly. While it can be difficult to cope with many of the changes, the basics remain the same. A town centre must strive to offer a clean, safe, vibrant and engaging environment for different types of people.
3. Few residents of the town centres are attracted into them after 6pm. In addition there is very limited retail activity after 6pm, either during weekdays or at weekends. Furthermore each of the town centres in the borough is different with its own identity and such that each will require a uniquely different and tailored response.
4. A simple extension of shopping hours is unlikely to work, but piloting a different sort of evening retail experience, in a suitably selected town centre (such as night markets and street animation, combined with joint promotion of a new evening offer between retailers, restaurant operators and entertainment providers) may be effective.
5. Understanding how our town centres are performing is important. However there is not enough clear information available at this stage and the new Town Centre Management Team should be asked to come forward with what they can offer in terms of future collection of data for measuring and management, which draws on town centres’ strengths and weaknesses and takes a macro and micro approach.
Policy Framework
6. The policy and regulatory framework pertaining to the regulation and development of the night-time economy and alcohol related anti-social behaviour, crime and disorder is complex and shared across government departments on a national level. This also sees a shared responsibility through Crime and Disorder Reduction Partnerships. The principle policies include:
• The National Alcohol Harm Reduction Strategy • The Licensing Act 2003 • Crime and Disorder Act 1998 • Criminal Justice and Police Act 2001 • Anti-Social Behaviour Act 2003 • Violent Crime Act 2006 5
• Planning, Building and the Environment
Purple Flag
7. ‘Purple Flag’ is the new gold standard which recognises high quality entertainment and hospitality areas at night. Places which achieve the standard will be those offering a positive experience to night time visitors and users. Just as a blue flag is an indicator of a good beach and a green flag a good park, a Purple Flag is set to be the indicator of where to go for a good night out and will bring positive publicity for the successful town and city centres.
Background
8. Successful NTEs are often larger towns with a diverse range of restaurants and entertainment. However, this is not always the case. Through the introduction of some simple measures smaller towns are also starting to improve and grow their NTE. As a starting point, the introduction of NTE teams with a clear vision and strategy can ensure that goals are met. The main priorities cited by successful NTE groups are as follows:
Safety
a) a clear proactive plan to deliver a safe environment for people to enjoy themselves in. Working alongside the police and private security firms, many towns have seen a growing ‘feeling’ of safety. Schemes such as Door Watch and the introduction of evening town ambassadors and street pastors ensure that problems are dealt with promptly at the right level.
Travel
b) liaising with key stakeholders, public transport operators, taxi firms and car park teams can help to deliver a much more flexible and efficient service for all concerned. Pre-planned time tables for bus companies tied into events and more secure car parks (lighting, attendants) can have an effect and this can be even more noticeable on non-residents, who are key to a successful NTE.
Cleanliness
c) ensuring that the often high standards delivered in the day are reflected in the evening. Many NTE groups launch schemes to encourage businesses (particularly fast food) to take a period of time to tend to the outside of their property through litter picking. In addition, where the NTE has flourished the introduction of a night time cleansing team can make a massive difference as litter is often caused by the over flowing of bins rather than actual ‘littering’.
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Diversity
d) it is important to encourage not only a range of restaurants and pubs but also entertainment. Diverse entertainment is often an issue for smaller towns but the use of small arts buildings and cinema locations to run events can often see a real increase in night time footfall. The events mentioned cover such as classic cinema nights, local theatre productions, more common live acts (bands) and open microphone nights.
Targeting
e) the main benefit of purposely set up night teams mean that NTE experts can work together and know what demographics towns are currently attracting and which changes would entice others. It is widely acknowledged that the most successful NTEs attract students and young professionals.
9. With the above taken into account it is intended, as a town centre team, to set up NTE steering groups. This will consist of NTE stakeholders and will be run alongside the other steering groups in each area. The expectation of the team is to deliver this borough wide during the summer of 2013.
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Road Closures
1. In some circumstances it is necessary for a road to be closed to enable a community event to take place. The decision whether or not to close the road would depend upon if a suitable diversion route was available.
2. The issue with this however is that the organiser of the event has to meet the County Council’s costs of making the closure order and the installation of temporary signs. All these costs, which can be in the region of £1,000, can be a barrier to organising events. In addition, organisers have to install the temporary traffic signs and are responsible for the health, safety and welfare of anyone attending or working (including volunteering) at the event.
Survey
As the views of the public on the NTE in Broxtowe were not known, it was agreed that a consultation exercise should be carried out focussing on:
• which towns people use in the evening for socialising and entertainment and the time they visit; • why they visit these towns and not others; • how they rate the towns based on safety, cleanliness, activity choice and accessibility; • what they consider would make town centres more inviting in the evening; • if they prefer to travel elsewhere and the reasons for this.
The results of the survey are attached in Appendix 3.
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Witnesses
1. The group heard evidence from a variety of witnesses throughout the course of the review. Their comments are summarised as follows:
Purple Flag
2. Emma Orrock, Nottingham City Council, outlined the City Council’s approach to enhancing the night time economy and achieving its purple flag status. The purple flag campaign had been set up to establish national standards and raise the image of Britain's town centres at night.
3. In 2009 the City had struggled with a negative media perception stemming from issues such as: street drinking, begging, rough sleeping and lack of street cleansing. Various efforts were made in the form of a new policing strategy, partnership approach, cleanliness and early intervention and by working with external groups such as street pastors and taxi marshals to improve the night time economy on offer. One of the keys to success was identified as being the strong partnership approach.
4. Members queried what the City’s response had been to the proposed introduction of the Late Night Levy (LNL). It was clarified that no decision had been taken by members of the City Council on the issue as yet and that the potential for income generation from the LNL was under consideration.
5. Although town centres in Broxtowe were not comparable to the City in terms of size, many lessons could still be learned from the approach it had taken. It was considered that small towns often benefitted from having a more community-based atmosphere. The campaign assesses towns on their own merits taking into account work which had taken place to improve the night time economy.
6. Members were informed of a small independent cinema in the City and considered that having a similar attraction in Broxtowe would improve variety and attract a wide demographic.
West Bridgford Town Centre
7. Ben Adams, Environment and Licensing Manager, Rushcliffe Borough Council, commented that West Bridgford has had an emphasis on families in the early evening. This has been linked in with the location of Bridgford Park and the opportunity for family friendly premises, which are welcoming for all, have been developed by the market.
8. He stated that the tram will bring great opportunities for people to get in and out of Beeston safely and without the need for a car. People commuting in and out of the City will have the chance to stop off in Beeston and use the venues.
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9. The area would benefit from more family friendly premises in the early evening and perhaps the issue of personal safety when moving around the area on foot is worthy of consideration. Initiatives such as Pub Watch and Police Partnerships in West Bridgford have made a great difference.
10. Physical environmental measures can be taken to make an area feel safer as well as policing issues coupled with responsible premises management. The introduction of a voluntary scheme such as Best Bar None may help with this.
Regulatory Policies and Development Opportunities
11. Steve Dance, Head of Planning and Building Control, gave a presentation on the planning controls available to enhance as well as prevent certain activities and development opportunities which will be available in the future in Beeston town centre.
12. The recent introduction of the National Planning Policy Framework had distilled existing planning advice into a smaller document and included emphasis on improving the vitality and viability of town centres. The Portas review had identified the threat posed to town centres and as a result a number of recommendations had been made in an effort to revitalise town centres.
13. Members were shown a series of different examples of the night time economy such as takeaways, pubs, corner shops and supermarkets and the varying planning issues caused by each of these.
14. It was queried whether tram links to Nottingham may reduce the need for retail in Beeston and place greater emphasis on other uses such as bars, restaurants and cafés.
Beeston Business Owners and Events Organisers
15. Witnesses to the review gave their perspective on activities in Beeston. Their comments are summarised as follows: • a number of ‘one off’ music, comedy and theatre events have taken place in Beeston in recent years. • the situation with the tram has led to a level of uncertainty and many business owners and event organisers are acting cautiously in Beeston until the tram works are completed. • there are few similarities between Beeston and West Bridgford, with the latter offering mainly food and drink establishments and the former providing more variety. • the Council could encourage events by supporting them throughout the licensing and planning processes. • Beeston would benefit from a single website which lists what events are taking place in future. It was commented that the Council has recently launched ‘What’s on Where’ – an events calendar for the borough on which external organisers can list their upcoming activities. It was suggested that this should be more widely publicised in media 10
outlets i.e. Beeston Express and the Eastwood and Kimberley Advertiser. • the creation of a forum for events organisers and businesses in the borough, facilitated by the Council, would enable networking and joined up methods of working to get the most out of events in the borough. • the Council’s Arts and Events Team should work with local events organisers in the delivery of their programme of activities. • the student population is difficult to engage and students naturally gravitate towards the city centre regardless of what is made available in the borough. In light of this, focus should be given to the other residents of the borough who have demonstrated an interest in recent events. • an evening market event would offer a good opportunity to showcase food and drink venues and could include other arts activities on local parks. These events can be targeted towards families, thus attracting a wide demographic. • the amount of complaints made from residents about local events had been minimal and resolved amicably. • there is a lack of activity in Beeston Square as many activities operate at either end of the town centre. Beeston would benefit from a central hub of activity, presenting a more inviting and vibrant atmosphere.
Eastwood, Kimberley and Stapleford Ward Members, Business Owners and Events Organisers
16. Members and witnesses discussed the situation of the night time economy in Eastwood, Kimberley and Stapleford. The following comments were made: • visitors to Stapleford may be discouraged by highways issues i.e. potholes and the threat of damage to cars along the high street. • key focal points in towns such as supermarkets or large restaurants act as major attractors for visitors. Signage around the Giltbrook retail park to publicise upcoming events and attractions may help to bring visitors into the surrounding area. • Nygel Stevenson, owner of Madhatters café in Kimberley, informed the group of activities he had undertaken in the evening which had attracted a range of ages. Knowledge of the events had been largely by word of mouth. • a concern was raised that events such as the Stapleford Carnival were becoming financially unviable due to the costs of traffic management (see section on Road Closures). • the group discussed business rates, stating that the Council has no power over the setting of rateable value. • the Council is limited to what it can do to encourage businesses and much of the work must come from businesses themselves. Businesses should be encouraged to work with the Town Centre Manager to revitalise town centres. • young adults naturally gravitate towards Nottingham City Centre and this culture is highly unlikely to change.
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Transport availability
17. The bus services available to people wishing to travel to/from Beeston, Stapleford and Kimberley in the evenings were considered (see Appendix 4) and concern was expressed about the limited provision.
18. Kurt Capello and Aaron Irwin, representatives of Trent Barton, gave their views on the night time economy from the viewpoint of transport providers:
• there is a general reduction in the number of journeys people are taking, but members of the local community tended to go further afield to cities such as Derby or Nottingham • the attractions available in smaller towns such as Kimberley should be publicised greater in order to generate interest to potential visitors. An increase in demand could potentially make the introduction of new bus routes viable. • Trent Barton is in the preliminary stages of considering how the bus services can link in with future tram operations as well as existing train services • there may be merit in bringing together businesses and transport providers as a ‘forum’ so that opportunities to improve the night time economy can be identified • the 24 hour Indigo bus service through Beeston has been shown to retain people within town centres for longer before they migrate towards larger city centres • due to the removal of Council subsidies, some bus services have had to be removed due to low demand • the group noted that a ‘Wetherspoons Pub Guide’ had proved to be a successful publicity technique and it was commented that this could be something the Council could try to encourage in future as a way to link different towns together • Local businesses should be asked to revisit their opening times to coincide with events which are taking place in order to capitalise on increased footfall and provide more services to visitors.
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Licensing matters
1. As well as primary legislation, there are a number of local policies which may impact upon the night time economy. It should be noted that these policies can be used to enhance as well as prevent certain activities. Use of these policies should consider the effects of any unintended consequences and the effect upon the local night time economy. Ancillary businesses, such as late night refreshment premises and taxi services, may also be affected.
Primary Legislation
Licensing Act 2003
2. The Act established a single regime for licensing premises which are used for the sale or supply of alcohol, to provide regulated entertainment or to provide late night refreshment.
3. Under the Licensing Act 2003, local councils (district or unitary) regulate four 'licensable activities': • the sale of alcohol • the supply of alcohol (i.e., in a members' club) • the provision of regulated entertainment • the provision of late night refreshment (i.e. after 11pm)
4. Licensing authorities must carry out their functions with a view to promoting four statutory licensing objectives: • prevention of crime and disorder • prevention of public nuisance • public safety • protection of children from harm
5. Licensing authorities must publish a licensing policy statement on their website setting out how they intend to run and enforce the licensing process in their area.
Gambling Act 2005
6. The Gambling Act 2005 designates certain classes of local authorities in England and Wales (and licensing boards in Scotland) as licensing authorities.
7. Licensing authorities have a number of important regulatory functions in relation to licensing premises for gambling including: • issuing premises licences • regulating gaming and gaming machines in clubs, and on alcohol licensed premises • granting permits to family entertainment centres for the use of certain lower stake gaming machines • granting permits for prize gaming • registering small society lotteries 13
• tracks
8. Licensing authorities must have regard to the licensing objectives when exercising their functions in relation to premises licences, temporary use notices and some permits. Those objectives are: • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • ensuring that gambling is conducted in a fair and open way • protecting children and other vulnerable persons from being harmed or exploited by gambling.
9. Licensing authorities are required to develop, consult on and publish a statement of their licensing policy. The statement must set out the principles that they propose to apply in exercising their functions under the Gambling Act 2005.
Local Policies
10. Underpinning the primary legislation are a number of local policies.
Statement of Licensing Policy
11. Broxtowe Borough Council is a licensing authority for the purpose of the Licensing Act 2003. Section 5 of the Act requires all licensing authorities to prepare and publish a Statement of Licensing Policy which they propose to apply in exercising their functions under the Act during the five year period to which the policy applies. The Statement of Licensing Policy can be reviewed and revised by the authority at any time.
12. The Council recognises that licensed premises are a major contributor to the borough, attracting tourists and visitors and making for vibrant towns and communities. The Council also recognises the problems which can be caused if licensed activities are not properly managed nor premises well run.
13. Broxtowe Borough Council believes that good management of the entertainment, alcohol and late night refreshment industries (and of the street environment within which they operate) is essential to the continued success of the borough and to attracting the wide range of people who want to come here to work, to visit and to live. The Council will monitor the impact of licensing on the provision of regulated entertainment and particularly live music in the area.
14. The Policy Statement seeks to establish sensible controls and appropriate guidance to encourage and further the efforts being made by the Council and its partners together with the licensed trade to help the authority deal with issues which arise from licensable activities.
15. The authority is committed to working with its licensing partners and stakeholders in delivering the licensing function. In preparing and publishing this Policy Statement, due regard has been given to the guidance issued by 14
the Secretary of State under section 182 of the Act and to good practice advice issued by approved government advisory bodies.
Early Morning Restriction Order ‘EMRO’
16. This power enables a licensing authority to prohibit the sale of alcohol for a specified time period between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives.
17. EMROs are designed to address recurring problems such as high levels of alcohol-related crime and disorder in specific areas at specific times, serious public nuisance and other instances of alcohol-related anti-social behaviour which are not directly attributable to specific premises. It can apply to the whole or part of the licensing authority’s area.
Cumulative Impact Policy
18. In some areas, concentrations of licensed premises exist where the combined effect of all of the premises causes problems for a wider area and undermines, or potentially undermines, the licensing objectives.
19. This potential impact on the promotion of the licensing objectives by a significant number of licensed premises concentrated in one area is called ‘cumulative impact’. This should not be confused with the issue of ‘need’, which relates to the commercial demand for licensed premises, and cannot be taken into account when determining licensing applications.
20. Having consulted with the relevant bodies, and taking into account the evidence presented, the authority is satisfied that there are no areas within the borough presently suffering from cumulative impact. However there is potential for a change in this situation.
21. In order to address cumulative impact in particular areas, the authority may apply a policy which creates a rebuttable presumption that certain types of applications for new premises licences or club certificates or material variations will normally be refused. The presumption will be rebutted where applicants can demonstrate through the operating schedule and, where appropriate, supporting evidence that the operation of the premises will not add to the cumulative impact already being experienced or that the risk factors associated with the application are such that cumulative impact will not be an imminent threat were the application to be granted.
Sex Establishment Policy
22. In 1982 the Local Government (Miscellaneous Provisions) Act introduced a discretionary licensing regime for sex shops and sex cinemas. These provisions were adopted by Broxtowe Borough Council on 14 February 1983. In addition, activities such as table dancing, lap dancing, pole dancing and all forms of entertainment, dancing, or displays which included nudity or sexual 15
performances of any kind were prohibited under the Council’s standard conditions attached to public entertainment licences.
23. In 2005 the Licensing Act 2003 introduced a new licensing regime which amalgamated several pieces of old legislation under the heading of ‘Regulated Entertainment’. Entertainment of an adult nature such as lap dancing, pole dancing and striptease etc. fell under this heading. However, the power for the community to object to such applications was restricted as any objection needed to relate to the four specified licensing objectives. This made it difficult for local communities to have any control on the number and/or location of these types of venues.
24. In order to address these concerns the Policing and Crime Act 2009 introduced provisions creating a new category of sex establishment known as a Sexual Entertainment Venue to enable local authorities to require venues such as lap dancing establishments to be licensed as sex establishments. These provisions are also discretionary but the Council adopted them with effect from 26 July 2010.
25. The Sexual Entertainment Venue Policy sets out the Council’s policy regarding the licensing and regulation of sex establishments. Applications for such premises can raise significant concerns within the community and locality where the premises are, or are intended to be, located. The Policy is intended to guide the Council in balancing the sometimes conflicting needs and interests of businesses, patrons, employees, residents and communities when considering applications for sex establishment licences and informs applicants and objectors of the parameters under which the Council will make licence decisions.
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Conclusions
1. The establishment of NTE steering groups in each town to help deliver improvements to the night time economy should be supported.
2. There is currently little commercial activity taking place in Beeston to encourage the night time economy. Future development works in Beeston Town Centre could provide an opportunity to further develop the night time economy.
3. There are a number of events taking place in Beeston. However they operate largely on an independent basis and would benefit from being more joined up.
4. A number of events are staged along Chilwell High Road, Beeston.
5. There has been significant growth in Stapleford town centre with a good range and standard of restaurants in the area.
6. The attractions in Stapleford are not within close proximity of each other and the town centre would benefit from more of a central ‘hub’ to increase footfall.
7. Individual businesses in Kimberley have had success in the town centre. Kimberley is recognised as having a vibrant night time economy in its current form, especially when compared with other nearby towns. Kimberley is a good example for other town centres in the borough.
8. There is a fair spread of businesses along the high street in Eastwood. However there is little link between the day and night time economies.
9. Eastwood would benefit from the introduction of a pre-evening attraction which is family friendly. Members are optimistic that the proposal of an upcoming restaurant development in the area will have a positive impact.
10. The retail park at Giltbrook attracts a large number of visitors and increased signage in the area to direct visitors to town centres in Broxtowe may increase activity at night.
11. Officers should be asked to look at the provision of tourist information at the Giltbrook retail park.
12. West Bridgford is not considered to be comparable with any of the town centres in Broxtowe because it attracts a different clientele.
13. The improvement of transport links to and from town centres would be a key element in increasing their viability.
14. The future development of the multi-storey car park site in Beeston could have a positive impact on the vitality of the town.
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15. Local businesses should be asked to revisit their opening times to coincide with events which are taking place in order to capitalise on increased footfall and provide more services to visitors.
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Appendices
1. Witnesses who gave evidence to the group 2. Scoping report 3. Survey results 4. Mapping of bus service availability 5. Broxtowe Town Centre and edge of town centre venues
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APPENDIX 1
Witnesses who gave evidence to the group
Date Witnesses 3 December 2012 Emma Orrock, Nottingham City Council Steve Dance, Head of Planning and Building Control 25 February 2013 Ben Adams, Rushcliffe Borough Council Simon Barton, Bartons plc. Ian Beestin, Event organiser in Beeston Matt Goold, Event organiser in Beeston Steve Wallace, Bartons plc. Stephanie Wilkinson, Beeston BID 8 April 2013 Nygel Stevenson, Madhatters, Kimberley Councillor D Grindell, Stapleford South East 21 May 2013 Kurt Capello, Trent Barton Aaron Irwin, Trent Barton
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APPENDIX 2 Scoping Report
Title of review The night time economy in Beeston, Chilwell, Eastwood, Kimberley and Stapleford Name of Sustainable Communities Examination and Inquiry Group scrutiny group Review Councillor R I Jackson suggested by How does the This review is in accordance with the Council’s corporate review link to priorities of jobs and business growth, community safety and priorities? bringing people together. Expected • To examine each of the town centres and assess what outcomes is currently there and if it is working effectively • To draw comparisons with other similar town centres and identify examples of good practice which could be implemented at Broxtowe • To enhance the vitality and viability of the town centres Terms of • To determine what is already available in each town reference/Key centre lines of • To consider ways in which to attract the widest possible enquiry variety of demographics to the town centres at night • To examine the travel services available including buses, taxis and community transport • To perform an audit of venues suitable for events and performances • To consider the reasons for success of the night time economy in similar areas • To consider the traditions of each town centre and produce unique solutions for each, building upon what attractions are already in place • To consider the effect of tourism on the night time economy • To consider the outline plans for future development in Beeston and in town centres generally • To examine the link between the ‘early evening’ and ‘night time’ economy and suggest options to bridge the gap between the two • To consider licensing and planning conditions which could be imposed to prevent the introduction of certain activities Possible • Business owners sources of • Mapping exercise information How review • Press could be • Web site publicised Specify site • Visits to similar town centres visits 21
Possible • Stapleford Town Council witnesses • Bartons plc • Greene King • Academics • Local music promoters (Oxjam) • Representatives of Nottinghamshire and Broxtowe BIDs • Local businesses i.e. Belle and Jerome • Church groups Resource None requirements Projected 22 October 2012 Draft report To be confirmed start date deadline Projected To be confirmed completion date
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APPENDIX 3 Night Time Economy Questionnaire
Gender: Male Female
Age: 17-25 26-35 36-45 46-55 56-65 65+
Do you use the following towns in the evening for socialising and entertainment? (Tick all that apply) Beeston Eastwood Kimberley Stapleford
Why do you visit the town centres selected? (Please give 2 reasons)
Out of 5 (1 unsatisfactory, 2 poor, 3 average, 4 good, 5 Excellent) how highly would you rate the town centres you visit during the evening for? (Please indicate difference if more than one town centre selected above) Safety: Beeston 1-2-3-4-5 Eastwood 1-2-3-4-5 Kimberley 1-2-3-4-5 Stapleford 1-2-3-4-5
Cleanliness: Beeston 1-2-3-4-5 Eastwood 1-2-3-4-5 Kimberley 1-2-3-4-5 Stapleford 1-2-3-4-5
Choice of activity: Beeston 1-2-3-4-5 Eastwood 1-2-3-4-5 Kimberley 1-2-3-4-5 Stapleford 1-2-3-4-5
Accessibility, (Parking, Public Transport etc.): Beeston 1-2-3-4-5
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Eastwood 1-2-3-4-5 Kimberley 1-2-3-4-5 Stapleford 1-2-3-4-5
What time do you visit the town centres? (Tick all that apply) Early evening – between 16:00 & 19:00 Between 19:00 & 21:00 After 21:00
Of the town centres you do not visit in the evening why is this? (Please give 2 reasons)
What would make these town centres more inviting in the evening? (Please give 2 suggestions)
Which of the following town centres outside of Broxtowe, do you visit for socialising and entertainment in the evening? (Please tick all that apply) Nottingham City Centre Derby City Centre West Bridgford Long Eaton Loughborough Other ______
Why do you visit the town centres selected? (Please give 2 reasons)
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Night Time Economy Survey Results
Town Centre usage broke down into the following:
Town Centre % of respondents Beeston 60 Eastwood 7 Kimberley 28 Stapleford 14 None 7
(Respondents may have given more than one answer)
Reason Town was used:
Beeston: • Locality to home or place of work • Variety of places • Safety • Socialising • Entertainment • Specific locations: . Belle & Jerome . The Grey Hound pub . The Last Post
Eastwood: • Entertainment
Kimberley: • Locality, to home • Accessibility • Socialising • Late night shopping (Sainsbury) • Specific locations: . Simla . Nelson & Railway Stapleford: • Family located in Stapleford • Eat out • Specific locations: . Crème . Vivo
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Safety:
Cleanliness:
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Range of Activity:
Accessibility:
Time Town centres Were Visited:
Time % of respondents Early evening between 16:00 & 19:00 44 19:00-21:00 92 After 21:00 56
(Respondents may have given more than one answer)
Reasons Local Town centres Not Used: • Atmosphere/ clientele. • Perception of crime and safety. • Lack of public transport. 27
• Lack of offer (mostly aimed at Eastwood).
Improvements suggested: • Increase in bar like establishments. • More restaurants. • Better communication of what is happening. • More variety of entertainment, music, theatre. • Late night shopping opportunities. • Better inter-town transport. • Attracting a better mix of people.
Towns visited alternatively to Broxtowe’s & why:
Nottingham City Centre: • Ease of access • Cinema • Locality to work • Variety of venues • Theatre • Better atmosphere • Late night shopping
Derby City Centre: • Variety of venues • Cinema • Theatre • Late night shopping
Long Eaton: • Accessibility
West Bridgford: • Variety of venues • Atmosphere
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APPENDIX 4 Stapleford Evening Bus Services
Ilkeston
Trowell
Stapleford Derby Sandiacre Town Bramcote University/QMC Nottingham Centre
Sundays only
Beeston/Beeston Rylands Long Eaton
There are no evening bus services to Beeston (except Sundays), Toton Lane, Toton, Chilwell and Attenborough.
Beeston Evening Bus Services
Ilkeston Trowell Stapleford
Sundays Inham Nook only
Beeston
Town University/QMC Nottingham Derby Long Eaton Chilwell Centre
Beeston Rylands
There are no evening bus services to Stapleford, Trowell, Ilkeston (except Sundays) and none to Attenborough, Toton and Wollaton.
Eastwood and Kimberley Evening Bus Services
Ripley
Heanor
Langley Mil Eastwood Town Giltbrook Centre
Kimberley Town Centre
Nuthall
Nottingham
There are no evening bus services to Brinsley, Awsworth, Ilkeston, Hucknall and Derby
APPENDIX 5
Broxtowe Town Centre and Edge of Town Centre Venues
Address Stage Seating Dance Facilities The Royal British Yes 150 No Lic, PA, CR, CP, large room, snooker Legion, room, pool room, meeting room. 16 Hall Croft The Pearson Yes 320 320 K. Music Lic. PA, CR, CP. Centre for Young People, 2 Nuart Road Methodist Church, Yes 288 172 CP K. CRs. Wheelchair access. Chilwell Road Round Hill Primary Yes 100 200 CP, Access for the disabled. School, Foster Avenue Town Hall, Foster - 100 - Avenue Bartons (former - - - bus depot) Voluntary Action - - - Broxtowe, Oban House, Chilwell Road Scout Hut, Middle - - - Street The Bar, Chilwell - - - Road The Commercial, - - - Wollaton Road Beeston Library - - -
Beeston: Greyhound, Conservative Club Stapleford: Chequers, West End Club, Conservative Club Eastwood: Phoenix Snooker Club (Library), Horse & Groom Moorgreen, Greasley Miners Welfare
Eastwood
Address Stage Seating Dance Facilities Dora Phillips Hall, - 120 100 CP Lic. K. CR. Wood Street. Plumptre Hall, Stage 200 200 CP Lic. K. Church Street. blocks
Kimberley
Address Stage Seating Dance Facilities Holy Trinity Church Hall, Yes 135 - CP K. CR. Church Hill ditto Yes 80-100 80-100 K. CR. PA. Upstairs Parish Hall, Yes 220 160 CR Lic. K. PA. CR. Newdigate Street Nottingham West Outreach Church, Yes 80 20 CP. K. PA. video projector Newdigate Street ditto - 40 15 - Rumbletums, 2a Yes 50 - 2CR. K. Stairlift Victoria Street Queens Head PH - - - Kettlebrook Lodge Yes - - CP K. Kimberley Cricket
Club
Stapleford
Address Stage Seating Dance Facilities Community Centre, Cliffe Hill - 150 80 CP Lic. K. CR. Avenue. Stapleford Methodist Church, Yes 150 150 CP K. CR Eatons Road. Maycliffe Hall - - - Carnegie Centre - - - The Meeting Place
Key Lic = Licensed functions allowed PA = Public Address System CR = Extra Committee Room CP = Car Park K = Kitchen