Agenda and draft minutes

Cabinet, 3 December 2019 - Item 6 - Public Space Protection Order - Deferred until January 2020 for further legal advice., Cabinet
Tuesday, 3rd December, 2019 9.30 am

Venue: Hall 2, The Forum, Bullamoor Road, Northallerton, DL6 1LP

Contact: Democratic Services Officer  01609 767015

Items
No. Item

CA.31

2019/20 Q2 Capital Monitoring and Treasury Management Mid-year Review pdf icon PDF 92 KB

This report provides the Quarter 2 update as at 30 September 2019 on the progress of the Capital Programme 2019/20 and the Treasury Management position.  A full schedule of the Capital Programme 2019/20 schemes is attached at Annex A of the report, together with the relevant update on progress of each scheme.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the net decrease of £14,370,439 in the capital programme to £27,959,045 and all expenditure movements as detailed in Annex B and also in the capital programme attached at Annex A of the report; the increase of capital expenditure funded from earmarked reserves at £807,168 - £177,200 is funded from the Computer fund, £50,000 from the One Off fund, £10,000 from the Economic Development fund, £200,383 is funded from capital receipts, £250,000 from borrowing, £62,000 from Revenue contributions and £57,585 is from external grants/contributions; the funding allocation to the capital programme as detailed in paragraph 3.1 and 3.2 of the report; the Individual Counterparty limits are increased from 30% to 35% as detailed in paragraph 4.11 of the report; the treasury management and prudential indicators at Annex E of the report; and to note the position of the Council’s third party companies at Annex F of the report.

Additional documents:

Minutes:

The subject of the decision:

 

This report provided the Quarter 2 update at 30 September 2019 on the progress of the Capital Programme 2019/20 and the Treasury Management position.  A full schedule of the Capital Programme 2019/20 schemes was attached at Annex A of the report, together with the relevant update on progress of each scheme.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the requirements of the Local Government Act 2003 and the Chartered Institute of Public Finance and Accountancy (CIPFA) Prudential Code and the CIPFA Treasury Management Code of Practice.

 

THE DECISION:

 

That Cabinet approves and recommends to Council:-

 

(1)     the net decrease of £14,370,439 in the capital programme to £27,959,045 and all expenditure movements as detailed in Annex B and also in the capital programme attached at Annex A of the report;

 

(2)     the increase of capital expenditure of £807,168 is funded as follows: £177,200 is funded from the Computer fund, £50,000 from the One Off fund, £10,000 from the Economic Development fund, £200,383 is funded from capital receipts, £250,000 from borrowing, £62,000 from revenue contributions and £57,585 is from external grants/contributions;

 

(3)     the funding allocation to the capital programme as detailed in paragraph 3.1 and 3.2 of the report;

 

(4)     the Individual Counterparty limits are increased to 35% or £7,000,000 whichever is the highest, as detailed in paragraph 4.11 of the report;

 

(5)     the treasury management and prudential indicators at Annex E of the report; and

 

(6)     to note the position of the Council’s third party companies at Annex F of the report.

CA.32

2019/20 Q2 Revenue Monitoring Report pdf icon PDF 103 KB

This report provides an update on the revenue budget position of the Council and the reserve funds at the end of September 2019.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the budget remains at £9,085,870 as detailed in paragraph 3.2 of the report; the total movement of the Economic Development Fund of £117,683 at paragraph 7.3 to be allocated and to note that the Economic Development Fund remaining balance to be allocated at paragraph 7.4 of the report is £665,485; the allocation from the One Off Fund at paragraph 7.6 of the report of £461,837 and to note the waiver of procurement rules at paragraph 8.2.

Minutes:

The subject of the decision:

 

This report provided an update on the revenue budget position of the Council and the reserve funds at the end of September 2019.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with S25 of the Local Government Act 2003 regarding setting a balanced budget and monitoring the financial position throughout the year.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that:-

 

(1)     the budget remains at £9,085,870 as detailed in paragraph 3.2 of the report;

 

(2)     the total movement of the Economic Development Fund of £117,683 at paragraph 7.3 of the report to be allocated and to note that the Economic Development Fund remaining balance to be allocated at paragraph 7.4 of the report is £665,485;

 

(3)     the allocation from the One Off Fund at paragraph 7.6 of the report of £461,837; and

 

(4)     to note the waiver of procurement rules at paragraph 8.2 of the report.

CA.33

Revised Local Development Scheme pdf icon PDF 63 KB

This report seeks approval of the revised Local Development Scheme.

 

In accepting the recommendation, Cabinet will approve and recommend to the Council that the revised Local Development Scheme be approved and published.

Additional documents:

Minutes:

The subject of the decision:

 

This report sought consideration of a new timetable for the revised Local Development Scheme.  The Local Development Scheme set out the timetable for the production of the Local Development Documents which made up the Council’s Local Plan.  The process for the preparation of a Local Plan was prescribed by statute and regulations which were reflected in the work programme.  The Local Development Scheme must be made available publically and kept up-to-date.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with Section 15 of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011).

 

THE DECISION:

 

That Cabinet approves and recommends to Council the publication of the Local Development Scheme.

CA.34

Council Tax Reduction Scheme 2020 pdf icon PDF 119 KB

This report seeks approval to introduce a new income banded Local Council Tax Reduction Scheme for working age applicants with effect from 1 April 2020 to reduce the administrative burden place on the Council by the introduction of Universal Credit and to replace the existing risk based verification policy with a localised verification working practice.

 

In accepting the recommendations, Cabinet will approve and recommend to Cabinet that the new banded Council Tax Reduction Scheme is adopted with effect from 1 April 2020 and the existing risk based verification policy is withdrawn and replaced with a new localised verification working practice.

Additional documents:

Minutes:

The subject of the decision:

 

This report sought approval of the Council Tax Reduction Scheme from 1 April 2020.  The report recommended the introduction of a new income banded Local Council Tax Reduction Scheme for working age applicants with effect from 1 April 2020 to reduce the administrative burden placed on the Council by the introduction of Universal Credit and the replacement of the existing risk based verification policy with a localised verification working practice.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

To comply with the requirements of the Local Government Finance Act.  For each financial year the billing authority must consider whether to revise its Council Tax Reduction scheme or replace it with another. Any revision or replacement scheme must be made no later than 11 March in the financial year preceding that year for which the revision or replacement scheme is to be effective.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that:-

 

(1)     the new banded Council Tax Reduction Scheme be adopted with effect from 1 April 2020; and

 

(2)     the existing risk based verification policy be withdrawn and replaced with a new localised verification working practice.

CA.35

Council Tax Discount - Empty Homes pdf icon PDF 92 KB

This report seeks agreement on changes to the Council’s current Council Tax empty homes discounts; provides information on legislative changes to the levels of Empty Home premium available and seeks approval to increase the current premium to the maxims allowed in the legislation.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that with effect from 1 April 2020 the ‘major repair work’ or ‘structural alteration’ discount on empty properties remains unchanged at 50% for 12 months; the discount in respect of unoccupied and substantially unfurnished discounts will be reduced from 1 month at 100% discount to no discount and the Empty Homes Premium is introduced at the the maximum levels allowed in the legislation where the property has been empty for 2, 5 or 10 more years as detailed in paragraph 1.2.1(iii) of the report.

Minutes:

The subject of the decision:

 

This report sought agreement on changes to the Council’s current Council Tax empty homes discounts; provided information on legislative changes to the levels of Empty Home premium available and sought approval to increase the current premium to the maximums allowed in the legislation.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Local Authorities had discretion to charge between 0% and 100% Council Tax on properties which were empty.  Cabinet was satisfied that this decision would help encourage empty homes back into use as some owners may take action to improve or repair the property sooner thus preventing a negative impact on the neighbourhood.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that:-

 

(1)     with effect from 1 April 2020 the ‘Major repair work’ or ‘structural alteration’ discount on empty properties remains unchanged at 50% for 12 months;

 

(2)     with effect from 1 April 2020 the discount in respect of unoccupied and substantially unfurnished discounts be reduced from 1 month at 100% discount to no discount as set out in paragraph 1.4.3 of the report; and

 

(3)     with effect from 1 April 2020 the Empty Homes Premium is introduced at the maximum levels allowed in the legislation where the property has been empty for 2, 5 or 10 years years as detailed in paragraph 1.4.3 of the report.

CA.36

Revised Statement of Pay Policy 2019/20 pdf icon PDF 116 KB

This report seeks approval of an amendment to the Statement of Pay Policy 2019/20.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that Council approves and adopts the amended Statement of Pay Policy for the financial year 2019/2020.

Minutes:

The subject of the decision:

 

The Council adopted the current Pay Policy with effect from 1 April 2019.  This report sought approval and a recommendation to Council to adopt an amended Statement of Pay Policy for the financial year 2019/20.

 

Alternative options considered:

 

None.

 

The reason for the decision:

 

Cabinet was satisfied that the proposed amendments to the Pay Policy supported the delivery of the Council’s priorities and key projects over the term of the Council.

 

THE DECISION:

 

That Cabinet approves and recommends to Council that the amended Statement of Pay Policy for the financial year 2019/20 be adopted.

 

Note:  Management Team left the room prior to consideration of this item.

CA.37

Minutes

To confirm the decisions of the meeting held on 5 December 2019 (CA.24 - CA.30), previously circulated.

Minutes:

THE DECISION:

 

That the decisions of the meeting held on 5 November 2019 (CA.24 – CA.30), previously circulated, be signed as a correct record.

CA.38

Public Space Protection Orders pdf icon PDF 113 KB

This report provides the outcome of a six month review following the implementation of a Public Space Protection Order for the Leeming Bar Estate and surrounding area.  The report also seeks approval for the retention of the Public Space Protection Order and varied as detailed within the report (including Appendix 9) and that a report is submitted to Cabinet in Spring 2020 with regards the implementation, or otherwise, of a Public Space Protection Order at Thirsk Industrial Estate.

 

In accepting the recommendations, Cabinet will approve and recommend to Council that the Public Space Protection Order at Leeming Bar Industrial Estate is retained and varied as detailed within the report (including Appendix 9) and that a report is brought back to Cabinet in Spring 2020 with regards the implementation, or otherwise, of a Public Space Protection Order at Thirsk Industrial Estate.

Additional documents:

Minutes:

This item had been withdrawn.