MENDIP DISTRICT COUNCIL

Minutes of the meeting of the Somerset Building Control Partnership held on Thursday 24 January 2019 in the Training Room, Sedgemoor District Council, Bridgwater House, Kings Square, Bridgwater, TA6 3AR at 2 pm.

SOMERSET BUILDING CONTROL PARTNERSHIP COUNCILLORS PRESENT: Mendip District Council: Nigel Woollcombe-Adams (Vice Chair) Sedgemoor District Council: Mike Caswell (Chair) and Derek Alder Taunton Deane Borough Council: Patrick Berry West Somerset District Council: Martin Dewdney and Brenda Maitland-Walker

OFFICERS: Claire Dicken Committee Officer, Mendip District Council Adrian Gardner Group Manager, Environment and Strategic Housing, Sedgemoor District Council Natalie Green Client Officer, Taunton Deane Borough Council Nigel Hunt Somerset Building Control Partnership Manager, Sedgemoor District Council Vicky Parsons Technical Team Leader, Mendip District Council Janet Pascoe Accountant, Sedgemoor District Council

Agenda Subject Actioned By Item 1 Chair’s Announcements

The Chair explained the procedures in the case of an emergency and asked that all mobile devices be switched to silent.

2 Apologies for Absence

Apologies were received from Councillors Nigel Taylor, Mendip District Council and Mark Edwards, Taunton Deane Borough Council.

3 Declarations of Interest

There were none.

4 Public Participation

There was none.

5 Minutes of the Previous Meeting Claire Dicken The minutes of the meeting of 17 May 2018 were agreed.

Matters Arising:

Members requested a report which evaluated whether to form an arms length private company to offer consultancy Nigel Hunt Somerset Building Control Partnership 1

services and build profits outside of the Building Control Trading Account, with shareholders being the district councils who were part of the Partnership. Members requested that this report be considered at the next meeting of the Partnership.

RESOLVED

For the Partnership Manager to bring a report to the next meeting

6 Somerset Building Control Partnership Budget 2019/20 Alison and Financial Performance Monitor 2018/19 Update Turner/ Janet The Section 151 Officer had prepared a report which stated Pascoe that the Somerset Building Control Partnership had commenced on the 1 April 2016 and included Sedgemoor DC, Mendip DC, Taunton Deane BC and West Somerset DC. The legal agreement had been signed off by each partner authority, including the cost sharing methodology.

The Partnership was now part way through the third year of operation. The revised 2018/19 budget was attached to the report alongside the draft 2019/20 budgets.

The report covered the period 1 April 2018 to 31 December 2018.

Since the service had begun to operation there had been a review of the service assessing the balance of work between fee earning and no-fee earning work. The balance had been adjusted in 2018/19 and it advised a further adjustment was appropriate for 2019/20. To this effect for 2019/20 the split between fee earing and non-fee earning work in the Building Control accounts moved from a split of 82.5% fee earning: 17.5% non-fee earning to a split of 85% fee earning: 15% non-fee earning.

This update, alongside other budget movements, resulted in a reduction in the annual partner contribution going from £49,100 in 2018/19 for MDC and SDC to £40,850 in 2019/20 a reduction of £8,250 per authority. Contributions in 2018/19 for TDBC were £49,100 and WSDC were £16,370 (combined totals £65,470) and moved to a sum of £54,460 in 2019/20 a reduction of £11,010. This was positive news.

In addition, for 2018/19 due to the performance of the Partnership it was recommended the fund pays for the completion of the IT data migration project at a sum of £50,000. A sum of £10,000 for new IT server and an ongoing budget increase of £10,000 p.a. for marketing. This

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was reflected in the revised budget statement. All bids were affordable.

In response to queries the Somerset Building Control Partnership Manager explained that any funds would be spent on developing the website and enhancing the service for its users.

During the discussion that followed Members were pleased to note the financial success of the service. Moving forward, they agreed there should be a long term income strategy set to ensure that the Building Control service was not put in a position where it may have to repay any fees.

RESOLVED

1. To approve the Building Control Partnership Budgets for 2018/19 revised and 2019/20 original

2. To approve the use of the reserve fund to finance the final part of the IT data migration project which started in 2017/18 and will complete in 2018/19.

3. To approve use of the reserve fund to finance a new IT server in 2018/19 to increase performance due to the volume of data migrated and provide a stable environment for the next 5 years.

4. To approve use of the reserve fund for an increase in the marketing budget, ongoing bid.

5. To approve that fees are not increased in 2019/20 due to the good financial performance of the partnership.

6. For the Partnership Manager to develop an income strategy and develop service investment plans to inform future calls on the service and to be able to review the Partnership fund position.

7. To note the financial performance report for the period 1 April 2018 to 31 December 2018.

7 Operational Plan Update and Discussions on Nigel Hunt Operational Plan 2019/20

The Somerset Building Control Partnership Manager had prepared a report which set of the Operational Plan, including:  Introduction and partnership Drivers  Operational Priorities 2017-18  Commentary

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The report stated that this year had seen a major increase in the marketing of the service with a number of CPD and training events organised for clients. The partnership had also developed a number of marketing/promotional items which would be given out at such events.

The partnership was continuing to be competitive in the market place, with application numbers and income above forecast. However, there had been volatility with regard to market share.

As requested by the Partnership, work had commenced on the possibility to develop a private company which would deliver additional chargeable services such fire risk assessments, SAP’s and access audits, where all costs associated with the company would be recovered through charges.

During the discussion that followed Members were pleased to note the Operational Plan.

There was a discussion about the risk register. Of particular concern was the loss of qualified staff to private building control providers and other local authorities.

Members were concerned about the possibility of losing expertise. They asked whether the salaries of Building Control should be increased in order to retain and recruit high calibre staff, and whether this could be financed through the reserve fund/surplus.

It was noted that the local authority building control service was more thorough than services offered elsewhere. In the light of the Grenfell Tower fire in 2017, Members queried whether the government should be lobbied to bring all Building Control services back to the authority because they were in a position to take enforcement action.

There was a further discussion about the possibility of adding services to the Operation Plan.

Members agreed that the Risk Register should be amended to read that the service evaluate (rather than develop) an arm’s length stand-alone company to undertake additional chargeable services.

Members requested that their thanks be passed to the Building Control Team for their hard was to make the service a success.

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RESOLVED

1. To note the Operational Plan Update 2. To approve the Operational Plan 2019/20 3. For the Partnership Manager to review salaries in light of the risks discussed.

8 Somerset Building Control Partnership Update on Inter Nigel Hunt Authority Agreement

The Somerset Building Control Partnership Manager had prepared a report which stated that on the 1 April 2019 two constituent authorities who were members of the Partnership, namely Taunton Deane BC and West Somerset DC, would be forming a new Authority to be known as Somerset West and Taunton Council (SWTC).

In light of this change advice had been sought from the Partnership’s legal advisors with regard to the Inter Authority Agreement and the implications associated with representation, contributions, and cost sharing.

So far, legal advice had been high level only including an email which was distributed at the meeting. Such advice would be consolidated by a detailed report in the immediate future.

However, it was understood that under Statutory Instrument 2018 No.1128 Local Government, England, the Local Government (Boundary Changes) Regulations 2018; the following provision within Part 3 Section 9 stated: Transfer of property, rights and liabilities referred that all property, rights and liabilities of the predecessor councils shall on the reorganization date vest in, and transfer to, the successor council.

Therefore, as of the 1 April 2019 the new Council would inherit the previous roles and responsibilities of the Councils it was replacing. The impact of which will be;

• Partner Contributions – The existing contributions and rates were.

MDC 30% SDC 30% TDBC 30% WSDC 10%

After 1 April 2019 it was proposed that contributions and rates be as follows

MDC 30% SDC 30%

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WSTC 40%

• Representation currently on the Partnership was that each constituent authority had 1 Senior Officer and 2 elected members. There was no proposal to change the protocol, so after 1 April 2019 representation on the Partnership would be as follows.

MDC - 1 Senior Officer and 2 Elected Members SDC - 1 Senior Officer and 2 Elected Members WSTC - 1 Senior Officer and 2 Elected Members

It was hoped that any changes with regard to the foregoing could be accommodated within the existing Inter Authority Agreement by means of an addendum. This would be confirmed or otherwise when the full legal advice had been received.

Delegated authority was sought by the Somerset Building Control Partnership Manager in consultation with Monitoring Officers to set out a final Inter Authority Agreement based on the advice given by the Legal Team.

There was a query as to whether 40% of the contributions and rates should be represented by 1 Senior Officer and 2 Elected Members.

Cllr Martin Dewdney proposed that delegated authority be given as requested, and that a report be brought to the next meeting. This was seconded by Cllr Derek Alder.

RESOLVED

That delegated authority be given to the Somerset Building Control Partnership Manager in consultation with Monitoring Officers to set out an Inter Authority Agreement based on the advice given by the Legal Team for consideration at the next meeting of the Partnership.

9 Urgent Business

None

10 Future Meetings

Future meetings of the Partnership would be held in June and November 2019. Members wished that meetings should be held at Deane House and Mendip District Council as well as Sedgemoor District Council.

The meeting finished at approximately 3.10 pm.

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