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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 05/12/2006

Executive 177



(To be read in conjunction with the Agenda for the Meeting)

Miss G B W Ferguson (Chairman)
Mr C H Mansell
Mrs C E Savage (Vice-Chairman)
Mr K T Reed
Mr S D Edge
Mr J E Robini
Mr B Grainger-Jones
Mr V K Scrivens
Mr P Haveron
* Present
Mr R J Gates was also present.


The Minutes of the Meeting held on 9th November 2006 were confirmed and signed.


There were no apologies for absence received.


There were no declarations of interest raised under this heading.


174.1 The Executive agreed that the four-month rolling programme of key decisions for Waverley Borough Council be adopted, subject to the amendment of the heading of Item 1 under the Environment Portfolio to read Climate Change.

174.2 Under consideration of this item, the Portfolio Holder for Planning and Major Development made a statement to the Executive that the Council’s draft Core Strategy, as submitted to the Government Office, fails some of the “tests of soundness” and that it should be withdrawn. In order to comply with the requirements of Section 22 of the 2004 Planning and Compulsory Purchase Act, the Executive made a resolution to that effect.

174.3 The impact of the resolution is that no further work should be undertaken on either the Appropriate Assessment or the Strategic Flood Risk Assessment, both of which are reported to the Council meeting on 12th December 2006 (Items 147 and 148 refer).

174.4 The Government Office supports the interim mini-mitigation plan remaining as a "stand-alone" document. Further work has been undertaken by officers in consultation with Natural England in respect of this document. Natural England is now prepared to accept that there is sufficient existing parking outside Farnham Park for there to no longer be a need, in the short term, to obtain additional access and car parking on the eastern side. The situation will be monitored to assess whether this will be necessary at a later date. The draft interim mini mitigation plan has been revised to accommodate these changes and is now attached as Annexe 1 and can be adopted, in principle, by the Council.
174.5 Whilst the Council's Local Development Scheme (LDS) will, in due course, need to be reviewed in the light of this, it is appropriate to leave the recommendation to Council that the revisions to the LDS timetable remain.

174.6 The Executive agreed that approval be given to the withdrawal of the Council’s draft Core Strategy and that no further work be undertaken on the Appropriate Assessment or the Strategic Flood Risk Assessment, and the corresponding items on the Council agenda for 12th December 2006 be withdrawn. The Executive also


Background Papers (DoPD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

175. RESTRUCTURE (Agenda Item 6; Appendix B)

175.1 The Executive received the report of the Management Team that had been considered by the Corporate Overview and Scrutiny Committee at its meeting on 20th November and is attached as Annexe 2.

At 7.26 p.m. it was
The Executive made some additional detailed comments on the report which would help to inform the Council for the reasons behind the recommendations set out below, and these are attached as an (Exempt) annexe to the report.
106. having conducted a thorough review, weighed up the officer reports and external advice and outcomes of visits to other Councils, the Executive agrees that the Council needs a permanent Managing Director post to provide leadership and clear strategic direction to the Council at a time of rapid change;

107. the evolutionary operational option is selected as the preferred organisational structure, as described in the (Exempt) report;

108. the selection of a permanent Managing Director be carried out in line with one of the options in the (Exempt) report, i.e. restricted to Internal candidates, but amended to be in line with the agreed job description / person specification, and with an exhaustive and objective selection process to include the assessment Centre as described in the report;

· agree the final job specification, setting out the duties of the post and the skills, experience and attitudes necessary to start carrying out the work, to reflect the Council’s preferred top management structure for Waverley; · agree the detail of the selection process, including the use or otherwise of external support; · conduct the selection process; and · select the preferred candidate for the Council to confirm the appointment at the February 2007 Council meeting; 110. the selection panel should be made up of four Members who should be: -

· the Leader of the Council (to Chair the Panel)
· the Portfolio Holder for Finance and Human Resources; and
· two nominees of the Principal opposition group; and

111. Mrs L Austin, interim Head of Legal Services, be regarded, for the purposes of the Waverley Constitution and Scheme of Delegation to Officers, as acting in the capacity of the Solicitor to the Council and Head of Legal Services.

Background Papers (MD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

176. BUDGET 2007/08

General Fund

a. Draft Capital Programme (Appendix C.1)

The Executive has given initial consideration to the draft Capital Programme for General Fund Services for 2007/2008 and has given some initial direction to the Overview and Scrutiny Committees that would be considering the budget in more detail at their January meetings, that:-

1. the Committee’s should be informed by a presentation when slippage from previous years had occurred;

2. short paragraphs explaining any significant new items in the capital programme would be helpful; and

b. Draft Revenue Estimates (Appendix C.2)

Employers’ Liability Claim - Authority to Settle

An additional paper was tabled at the meeting, under this item as urgent business, seeking authority to settle an employers’ liability claim that had been the subject of an action taken by the Head of Paid Service and endorsed by the Executive at its last meeting. This action had authorised the Council’s solicitors, Weightmans, to negotiate early settlement of the claim and for the settlement to be met from the Council’s insurance reserve in the first instance.

The negotiation has taken place and the proposed amounts have now been received which fall within the previously estimated figure. These details, along with a brief background to the case, are included at (Exempt) Annexe 3. The Executive accordingly


Housing Revenue Account

c. Draft Capital Programme (Appendix D.1)

The Executive has given initial consideration to the draft 2007/08 HRA Capital Programme and asked officers to investigate bringing forward some of the Decent Homes expenditure from future years.

d. Draft Revenue Estimates (Appendix D.2)

The Executive has noted the proposals contained within the draft 2007/08 HRA revenue estimates and agreed to give further consideration at its meeting on 6th February 2007.
e. Setting of Council Tax Base 2007/2008 (Appendix E)

Background Papers (DoF)

177. PAY CLAIM 2007 (Agenda Item 8; Appendix F)

177.1 The Joint Negotiating Team met on 20th October and 20th November 2006 to discuss the annual pay award due on 1st January 2007. At the second meeting, the Employers’ Negotiating Team tabled an offer of 3.7%.

177.2 Staffside has agreed to recommend acceptance of this offer at a series of staff meetings, held on 27th and 29th November 2006.

177.3 The resource implications are:

Cost at 3.7%
General Fund
Housing Revenue Account
Other Funds

177.4 In addition, there will be part-year costs from 1st January 2007 to 31st March 2007 of £130,000, which can be met from the appropriate inflation provisions for 2006/2007.

177.5 The Executive


Background Papers (DoF)

178. MEMBERS’ ALLOWANCES (Agenda Item 9; Appendix G)

178.1 In accordance with the Local Authorities (Members’ Allowances)(England) Regulations 2003, Waverley established an Independent Panel to consider its Scheme of Members’ Allowances. The Panel reviews the Allowances Scheme when the Council requests this and the Panel’s last review was in 2003. In December 2004 and in June 2005, the Council decided not to undertake a further review by the Panel at that time. The Council must periodically consider whether it wishes for a review of the Scheme to be undertaken by the Independent Panel.

178.2 In December 2004, the Council agreed to freeze the current levels of basic and special responsibility allowances in 2005-06, subject only to an inflation increase based on the local staff pay award from 1st April. The rates for Member’s travel reimbursement were agreed to be in line with the National Joint Council rates, as amended each year. The 2006-07 Scheme of Members’ Allowances is included at Annexe 4 for information.

178.3 The report earlier on the agenda proposed a staff pay award of 3.7% for 2007. Subject to the Council’s decision on this proposal and in line with the agreed policy, it is recommended that members’ allowances are increased by 3.7% with effect from 1st April 2007.

178.4 In December 2005, the Council agreed the levels of Special Responsibility Allowances for the Licensing, Development Control and Standards Committees to reflect the new responsibilities of the Chairmen and Vice-Chairmen. In July 2006 the Council approved the establishment of a new Audit Committee. This Committee will consider many issues relating to the governance of the Council and it will report directly to the Council. The Executive has agreed to recommend that the appropriate level of Special Responsibility Allowance for the Chairman and Vice Chairman of the Audit Committee should be the same as for the Standards Committee, to take effect from the date of the Committee’s first meeting on 26th September 2006. The officers consider this minimal change would not necessitate an Independent Panel Review.

178.5 The Executive noted the 2006-07 Scheme of Members’ Allowances and also


117. the Independent Panel should not be requested to undertake a review of Waverley’s Scheme of Members’ Allowances in 2006/2007; and

Background Papers (DoF)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

179. CAR PARKING TARIFFS REVIEW (Agenda Item 10; Appendix H)

179.1 The purpose of this report is to review the fees and charges in the Council’s off-street Pay and Display car parks. The changes proposed are intended to assist in the continued effective management of the Council’s car parks. It is estimated that an additional £40,000pa will be generated, which is less than 1.4% of car park income.

179.2 On 1st February 2006, some car park charges were revised following a review during autumn last year. These changes were intended to assist in the continued effective management of the Council’s car parks. They were also estimated to generate an additional £90,000 pa, equivalent to 3% of car park income. The proposals have proved successful and for almost all car parks across the Borough income in the current year is around, or slightly in excess of projected levels.

179.3 It is suggested that, for 2007/2008, the tariffs for the majority of the Council’s car parks including all of the town-centre car parks should remain unchanged. However, as part of the annual review of fees and charges, officers now put forward proposals for limited changes to the tariffs in the following car parks where anomalies have been identified or it is considered that the changes will improve the management of the car park service.

Upper Hart, Farnham

179.4 Upper Hart has been primarily a long-stay car park, but recently short and medium-stay users including shoppers are increasingly using it. Two years ago nearby Lower Hart was designated as a prime site car park with a charge of 60p per hour. This measure has proved to be successful, but, even so, Lower Hart is frequently at maximum capacity with no space available for potential shoppers. The banded charging structure at Upper Hart can be unpopular because of the perceived unfairness of the ‘cliff-edge’ effect. In addition, an anomaly has been highlighted in that currently the charge to park for three hours is effectively £2.00, with the cost for three hours in the Lower Hart being only £1.80.

179.5 Following careful consideration, officers recommend that the same charging structure as currently operates well for Waggon Yard and Dogflud be adopted at Upper Hart. This will mean that the charge for three hours will reduce by half to £1.00 and the charges for four and six hours will also reduce. Charges for eight hours or more will increase, but it is suggested that for Upper Hart the all-day charge be limited to £3.50. Season tickets are based on the charge for an eight-hour period and will be £790 for all three car parks. Cheaper long-stay parking is available at the Riverside car parks, which have ample spare capacity.

Croft Road, Godalming

179.6 Croft Road Car Park is comparable in several ways to Upper Hart as both have historically been long-stay car parks, but are close to the town centres and are increasingly in demand from shoppers. It is recommended that the same pricing structure be introduced at Croft Road as for Upper Hart. The shortage of parking availability in Godalming is recognised and officers consider that this structure will provide the maximum flexibility to enable best use to be obtained from Croft Road, which will become particularly important when Waverley undertakes on–street enforcement. Although the erosion of long-stay facilities is recognised, there are some options including privately rented spaces and car share that are more appropriate for long-stay parkers than shoppers.

179.7 Currently, the same rates apply at North Street, Farncombe, as at Meadrow, Farncombe. However, North Street is adjacent to both the main-line station and the local shops; the car park is frequently occupied to maximum capacity, with shoppers being unable to park off-street. It is considered appropriate for the daily charge at North Street to be increased from £2.50 to £3.00 and the season ticket from £560pa to £670pa, which are the charges in place at Weydown Road Haslemere. The current lower charges will remain in place at Meadrow, which has spare capacity and is within reasonable walking distance of the station. This measure should encourage some commuters to migrate to Meadrow, thereby leaving space available for shoppers.

Chestnut Avenue, Haslemere

179.8 For several years, the charges at Chestnut Avenue have been held at an extremely low level in response to the circumstances prevailing at Haslemere. The various measures and initiatives to improve the vitality of the Town, including the car park strategy, have proved successful and Haslemere is now recognised as having a vibrant town-centre. It is no longer considered appropriate for the anomaly of special charges to continue at Chestnut Avenue.

179.9 It is proposed that the charges should be harmonised with the rates applying in this category of car park elsewhere. It should be noted that the charges for the first three hours remain unchanged, with three-hours parking still being available for £1.00. The daily charge will be set at £3.00 and season ticket will increase to £670, which will also be in line with Weydown Road and Tanners Lane.

179.10 Contract parking provides a guaranteed space, which unlike season tickets, is not available for pay and display parking when not in use. It is therefore appropriate for the rate of charge to take account of this. Currently, contract parking is offered at £800pa, except for Queen Street where the charge is £900pa. Season Ticket rates at Crown Court, Dogflud and Waggon yard are £790pa and furthermore these rates represent a significant discount to the pay and display charges. 179.11 It is proposed that the contract parking charge be standardised at £900pa throughout the Borough. The £800 charge has been held since 1st April 2002.

179.12 Resident’s Parking Permits are available for each car park in the Borough. These cover overnight parking (defined as 4.30pm to 9.30am) and also permit use for all day Saturdays. The Saturday use can result in shortage of spaces required by the general public and loss of income to the Council, with the equivalent value for Saturdays alone in some car parks being as high as £300pa. Officers consider that a charge of £250pa would be more appropriate and recommend that Residents’ Parking Permits be increased to this level from 1st April 2007. 179.13 The Council, at its meeting of 17th October 2006, approved the resolutions of the Executive that, following the introduction of Decriminalised Parking Enforcement (DPE) into the Borough, currently programmed for 1st April 2007; (a) the Penalty Charges applied under DPE for all parking offences, both on-street and off-street, be harmonised at £60 discounted to £30 if paid within 14 days; and
(b) upon the issue of a ‘Charge Certificate’ (for non-payment of the Penalty Charge Notice) in accordance with the DPE legislation, the penalty charge be increased to £90. 179.14 An illustration of the revenue implications of tariff changes detailed for each car park is contained at Annexe 5. The figures quoted in the Annexe are full-year figures projected for 2007/2008. A period of six weeks notice is required for officers to advertise and execute tariff changes. It is anticipated that revised tariffs could be introduced, from 1st February 2006, subject to approval through the Council. However, as the majority of the increases relate to longer-stay parking, it is considered more appropriate for all the changes to take effect from 1st April 2007. The new Season Ticket rates will of course not apply until 1st April 2007.

179.15 In a full year it is estimated that income will increase by £40,000 as a result of the proposals. The increase is equivalent to less than 1.4% of car cark income. A sum of £5,000 is provided annually in the revenue estimates for Car Parks, specifically for the cost of tariff changes. The costs of advertising, revised tariff boards and reprogramming of machines can be contained within that sum. All of the changes comply with the objectives of the Car Parking Strategy.

179.16 The Executive


Background Papers (DoEL)

180. SPORT AND LEISURE FACILITY STRATEGY 2007 - 2012 (Agenda Item 11.1; Appendix I.1)

[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).]

180.1 Waverley Borough Council recognises the potential to shape the future direction of sport and leisure opportunities in the Borough, through a long-term strategy. In April of this year members agreed to the principle of consolidating the leisure management contracts into a single contract by July 2008 and to a review of leisure centre provision with the formation of a long term Leisure Centre Procurement Strategy. Following the agreement of these recommendations In April the Council commissioned Capita Symonds Sport and Leisure Consulting (Capita Symonds) to develop a clear vision and strategy for the future of sport and leisure provision in the Borough. Specifically, the Strategy focused on:

· the management of leisure facilities in the future
· the level of leisure facility provision that should be provided in the future
· procurement issues associated with management and facility options.

Specific actions the Council wanted to explore through the Strategy were to:
· commence the development of a clear vision for leisure in Waverley
· establish an understanding of the community’s needs in the future
· develop a clear understanding of the corporate priorities that leisure contributes to and the development of a strategy to achieve them
· determine how the Council will procure the services it seeks to deliver within its strategy and which management option would provide the best approach
· set out an implementation plan for the chosen procurement route.

180.2 A project group containing members of the Leisure Special Interest Group (SIG), Heads of Service and Senior Officers has developed the strategy, supported by Capita Symonds. The Special Interest Group agreed the final recommendations contained in the Strategy, following consideration on the 22 September 2006.

180.3 The comprehensive and detailed Strategy report is attached as a separate document (Members who have already received this document are requested to bring it with them to the meeting; for other members, a copy is enclosed). Given the nature of the subject the Strategy document is full and detailed. Members are directed to the Executive Summary at the beginning of the report, which provides an overview of the recommendations being supported by the Project Group. In addition an overview of the key findings and recommendations is set out below.

180.4 In developing the strategy the following process was followed:

· Facility Provision to meet needs of Waverley residents
· Management arrangements for services
· Procurement processes to deliver services

180.5 The Godalming Centre is in poor condition and requires a significant upgrade or new facilities. While no need was identified for a large multi sport centre in Godalming, there is a clear strategic commitment, customer demand and political will, supporting Waverley’s continued provision of leisure facilities in the Godalming area. This should include the following, as a minimum:

· a six lane 25 metre pool with spectator seating
· a teaching pool
· community health and fitness provision
· access to a sports hall.

180.6 Farnham Sports Centre is dated and requires upgraded, customer facing, facilities. Extension of the health and fitness facilities and improvements to reception areas are key improvements identified.

180.7 Facilities at Cranleigh and Haslemere are generally in good condition, with some need for improvements to customer facing areas in the coming years.

180.8 All investment decisions should be based on improving the quality of facilities and service for the community over the long term and should address the need to improve the financial sustainability of the centres and ensure the facilities remain focussed on customer needs in the future.


180.9 The Council has previously taken the decision to outsource day-to-day management and delivery of sport and leisure facilities to management partners. The Council has made a clear commitment to continue to act as an enabler of sport and leisure. In addition to its strategic role leisure services will be responsible for:

· contract management
· support to the voluntary and education partners
· sports development
· performance monitoring and management.

180.10 The Council should also be cognisant of the significant number of sport and leisure opportunities offered by the education, voluntary and commercial leisure sectors in the Borough. These providers form an integral part of the leisure offering for residents. Waverley should seek to maximise the benefit offered by these providers by complementing them rather than competing with them.


180.11 The needs analysis focused on the current and future management of facilities. Procurement is the means by which these management and facility needs will be developed and implemented. The key findings from the leisure needs analysis, relating to the procurement of management contractors, can be summarised as follows:
· the existing management of all facilities is generally seen as good by users, although there is some room for improvement, which can be addressed in a new contract
· the relationship with DC Leisure is regarded as successful and one that Council Members and Officers would be willing to consider extending in the future
· there is recognition that there are significant potential benefits from entering in to a single contract for all centres for a longer term than has previously been the case.
· a decision has been taken to negotiate co-terminous contracts to enable the procurement of a future single management contract across all facilities.

Recommended Options

180.12 The options appraisal was the most significant part of the analysis in determining the future strategy for Waverley Borough Council. A shortlist of options was created to keep the process manageable.

180.13 There are various options to consider, under three main areas are listed below:

· facilities
· management
· procurement
180.14 The options were developed using high-level estimates, reasonable assumptions and summary data. A full analysis of all of the options considered is set out in the body of the Strategy Report. The preferred option, selected under each of these areas forms the basis of the strategy and is set out below.


Preferred Option - Replacement of Godalming (in partnership with a commercial health and fitness operator). Significant Upgrade at Farnham and Cross Borough Improvements

180.15 Significant facility improvements would take place across the Borough. This would include building new facilities at Godalming, in partnership with a private sector health and fitness operator. A new 25-metre pool would be built on the site of the existing rugby club. Health and fitness facilities will be added to the school site in an existing building to complement the newly refurbished sports hall. There will be an early significant upgrade of Farnham, to improve customer-facing areas, as well as smaller scale improvements to Haslemere and Cranleigh over the period of the contract.

180.16 The improvements will provide the residents of the Borough with an enhanced and improved range of facilities at each of the main population centres. The long-standing shortcomings at Godalming and Farnham will be addressed.

180.17 A significant funding contribution from a private sector health and fitness operator, in terms of capital and revenue in Godalming, will help deliver facilities that may otherwise have been unaffordable. However, a significant amount of funding will still need to be committed by the Council to provide the capital required across all facilities.

180.18 The facility options recommended are outline proposals at this stage and much work will be involved in developing these proposals further. This delivery of this option is dependent upon the co-operation and agreement from the Rugby Club and the School. If the option of working in partnership with a commercial leisure operator in Godalming does not materialise then it will be necessary to revisit the options presented to find an alternative solution, which is affordable and deliverable. Members of the SIG agreed a preference for Option 2b (an extension to the existing Godalming Leisure Centre, to undertake moderate improvements as per the capital programme at Farnham and Cross Borough Improvements) as an alternative however this may require a reduction in the scope of the refurbishment proposals to produce an affordable alternative solution.


180.19 The Council is currently working towards a position whereby each of the existing management contracts is aligned to create a co-terminous position. The date for co-termination is July 2008. This approach will enable the Council to procure one management contractor for most, or all, Council owned leisure centres, under a single contract. The benefits of this approach have already been considered and agreed prior to the development of this strategy. The preferred management option, to deliver the new management contract, is summarised below.

Preferred Option – Private Sector Management Contractor

180.20 The preferred management option is private sector management contractor (hybrid trust model). The additional financial benefits associated with the private sector Trust vehicle are the key benefits making it the preferred option over a private sector option. This route combines the benefits of a private sector approach to management and the NNDR revenue savings associated with the external Trust option. It is assumed that NNDR savings can be achieved at Waverley however in order to achieve these savings the Council may need to change its current policy in relation to rate relief and this may have wider financial implications which will need to be assessed.

180.21 The continuation of private sector management was clearly the preferred route identified in the option appraisal workshop. The reason for this was that it would have least impact on the service continuity and, as a result, would be the most deliverable option. It is a tried and tested option that has generally worked well for Waverley in recent years. The commercial approach to management and the economies of scale associated with the large-scale leisure operator are also attractive as is the potential for private investment in facilities in return for a long-term contract.

180.22 The contract for managing the facilities at Farnham, Haslemere and Cranleigh will be the subject of a single tender process. The management of facilities at Godalming will be split between a private sector health and fitness operator that will operate the new 25-metre swimming pool, and Broadwater School that will manage the health and fitness as part of the dry side dual use facilities, located on the school site.


180.23 The Council is faced with a decision on which procurement route to follow in order to achieve best value and improved service to the community. The management contract alone is likely to cost a significant sum, details of which are included in the Exempt Report (depending on which facility options the Council chooses) and will involve a commitment to a long-term partnership (15 years+) with the chosen operator.

180.24 Following detailed consideration, a recommendation was provided by senior officers, and agreed by members of the Special Interest Group, as to which option will provide best value to the Council. The SIG’s preferred procurement route is to initially seek to negotiate a contract with the existing contractor DC Leisure. This option is summarised below.

Preferred Option – Negotiated Contract

180.25 Securing a negotiated contract is the least complex option and allows more flexibility than other procurement options in terms of negotiating timescales for implementation and levels of investment over the term of the contract. This is particularly important where these may not be fully agreed at the start of the contract. Given the scale of the costs associated with the preferred facility options identified in the Strategy the Council may benefit from this flexibility as part of the procurement process.

180.26 Waverley Borough Council will seek to agree terms for the future management of facilities across the Borough. The facilities that will be included in this contract will be Farnham, The Edge, Herons and Cranleigh. Facilities at Godalming will be subject to negotiated contracts between a private health and fitness operator, Broadwater School and Guildford Rugby Club.

180.27 The contract negotiations will be supported by a thorough benchmarking exercise. This will provide a view on whether the outcome of the negotiations represents value for money to the Council in relation to the wider market. This will ensure that negotiations are underpinned by an element of market testing.

180.28 If the Council is not satisfied it is achieving a good outcome and best value through the negotiations with DC Leisure it is proposed to open up the tender process to the market via a select list (Option 2). The list would include private sector operators only.

180.29 Given that the current contracts are due to expire in 19 months time (July 2008) it is imperative that the Council determines which procurement option it wishes to pursue with a view to starting the process as soon as possible to allow sufficient time to secure the best deal for Waverley. If a new contract is not secured in time and the Council is forced to seek an extension to the existing contracts then it is likely to face significant cost increases which recent experience has shown. The process and timetable associated with each procurement option is set out in the Exempt Strategy report.

180.30 Section 5.7 of the draft Sport and Leisure Facility Strategy report sets out the financial implications associated with running Waverley’s sports centres over a 15-year period. Waverley’s current policy is to operate a sports centre in each centre of population (two in Haslemere) and Waverley’s Financial Strategy identified the financial implications of continuing to operate 5 centres. Officers would draw to your attention that there will be a significant increase in annual cost to Waverley, of maintaining 5 centres, even without undertaking any of the improvement options set out in the report – save for those basic refurbishments at Farnham and Godalming which are currently part of Waverley’s capital programme (£1.8m and £0.8m respectively). By July 2008, it is possible that annual costs could rise significantly above the current base budget position. This figure is included in the exempt report and is identified as Waverley’s base position.

180.31 Officers would point out that this increase is based on discussions with DC, Serco and Capita, is indicative only and assumes a continuation of current trends in usage at the centres. The estimated base position is made up of increased management fees, which officers are advised may be required for the future running of the centres, as well as substantial increases in landlord maintenance costs – derived from condition surveys of the centres. Officers would endeavour to significantly improve this position through negotiation. The figure includes an increase from 01/04/2007 for the extension to the Farnham contract (already approved by Council on 26/04/2006) and the supplementary estimate for 06/07 of £136,500 for Godalming also approved by Members on 26/04/2006.

Further improvements:

180.32 The analysis of key findings in section 3.10 of the draft strategy also identifies the need for further improvement at Farnham and Godalming in the short term (in addition to the current capital programme commitment) whereas Haslemere and Cranleigh require only moderate improvements over longer term.

180.33 The Leisure Strategy report identifies what is known as Option 3b as the preferred option – see paragraph 11 of the Executive Summary of the draft strategy for further details. The figures for this option are based on the assumption that Waverley can work with a private sector partner to assist the financing of the identified improvements. Because of the opportunity to lever in private funds into this option, the additional revenue cost to Waverley (over and above the base position) is estimated to be relatively low at around £134,000 pa. This includes the revenue cost of any borrowing necessary to finance the capital outlay.


180.34 The report identifies the preferred procurement option as a negotiated route and officers will be seeking to improve the financial position from the estimates set out in the exempt report during that negotiation process. It is possible that the estimate of future management fees referred to in the report can be reduced during the negotiation process. Officers will endeavour to secure benefits from some economies of scale in the event that the operation of 4 or 5 centres is being negotiated rather than single site tender arrangements.

Trust status/NNDR:

180.35 The preferred management option identified in the draft strategy is that of a commercial trust operation and the benefit of that arrangement over the more usual commercial operation is the potential to avoid a large proportion of NNDR costs, which trust status makes possible. None of the costs in this report or the draft strategy take account of any NNDR savings. The current level of NNDR for the 5 centres is £349,000 pa. A commercial trust operation is not eligible for mandatory NNDR relief but Waverley’s current policy enables certain types of organisation to receive up to 80% discretionary NNDR relief. Any proposed trust model would have to satisfy Waverley’s policy requirements in order to received discretionary NNDR relief. It is open to Waverley to review its policy, as neighbouring authorities have done, and make changes, which may enable such organisations to benefit from such relief. The disadvantage of such change is that it may open up NNDR relief (part of which Waverley bears) to more organisations, which might partially or totally offset any financial benefit achieved via the sports centres.


180.36 The figures set out for each option in the draft strategy are all based on Waverley borrowing sufficient capital to finance the identified improvements. Although this approach enables a like for like comparison of each of the schemes, and effectively converts capital costs to annual costs, in reality, borrowing would probably be a last resort. As far as possible, other methods of funding such improvements through Waverley’s own resources would be sought.


180.37 Members are advised that not all the costs identified in the base position, and the additional costs of option 3b, will arise all at once, or even in the same year. Whereas the financial model sets out at average costs over the 15 year period commencing in July 2008, some of the additional costs identified will have already arisen and be able to be incorporated within base budgets by then. For example, a supplementary estimate for £136,500 in 2006/07 for Godalming has already been approved and included within the draft 2007/08 budget and a further amount has been included in the draft 2007/08 base budget for Farnham Sports Centre. The process of managing any future capital spend on sports centre improvements will also look to timetable such expenditure to the best advantage.

Cranleigh Leisure Centre

180.38 Officers have made an approach to Serco Leisure Ltd to seek an early termination of the current contract at Cranleigh by July 2008. Serco have responded to this request setting out the terms they would wish to secure in return for an early termination. Officers are currently in discussion with Serco regarding these terms and the outcome of these discussions will be the subject of a future report to members in due course.


180.39 There is a detailed analysis of risk associated with the strategy set out in para 5.11 of the report. However, officers would highlight some key areas where the financial impact may be most significant:

§ If Waverley is unable to find a private partner for the improvements identified in option 3b. The impact, if 3b becomes unachievable, is that option 2b becomes the preferred option. This option is some £350,000 pa more expensive and provides fewer health and fitness facilities and considerably fewer other community benefits at Godalming.
§ Further risk relates to NNDR if, as experienced at the Edge, the change of occupier at Godalming from a Trust to a commercial operator may generate an increase in NNDR payable. Members may recall the increase was threefold at The Edge.
§ It is possible that if Waverley goes down the route of management by commercial trust and succeeds in achieving NNDR savings, the government may in the future close this ‘loophole’ and it is possible that they may seek to claw back NNDR retrospectively, and other NNDR relief claims.
§ The final risk to which Members’ attention is drawn to in this report relates to the 15 year period of the proposed contract and the more market driven approach to contract conditions that operators now require. In effect, operators are not willing to take on as much risk as they have been previously and future contract conditions will reflect this approach. Break clauses, management fee reviews, expenditure caps and competition clauses are likely to feature in any new contract and these increase the risk to Waverley of further increases in cost during the period of the contract.

180.40 The Council recognises that it must determine the scale and level of investment it wishes to make in its sports and leisure facilities over the next 15 years. These decisions must be based on identified needs and take into account affordability, deliverability and sustainability. It is a complex process to develop a strategy of this scale. However the findings of the needs analysis have provided a clear steer from which a range of options have been developed and considered. Having completed a detailed appraisal of the options available clear recommendations have emerged, which are set out in this report.

180.41 The report had been considered by a Special meeting of the Environment and Leisure Overview and Scrutiny Committee when presentations were received from the Head of Leisure Services, Duncan Wood-Allum from Capita Symonds and the Assistant Director of Finance.

180.42 The Assistant Director of Finance had provided an explanation of the capital and revenue financial implications included in the report. The revenue implications are included in the appendices to the report which are held in the Members’ room. A further copy is also attached at (Exempt) Annexe 6. Members were informed of the legal requirement to place a notice in the European Journal if the negotiated route is approved, notifying the market that this is the route that the Council is taking. 180.43 Following an in-depth discussion, the Overview and Scrutiny Committee made the following comments to assist the Executive in its consideration of the report, that:-
[During consideration of this item, at 9.45 p.m. it was agreed, in accordance with Procedure Rule 9, that the meeting should continue until all business on the agenda had been conducted].

The Executive


Background Papers (DoEL)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.


[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).]

Having considered the Sport and Leisure Facility Strategy at Item 180 above, the Executive considered a report on the Implementation of the Strategy. The report is contained at (Exempt) Annexe 7.

The Executive



182.1 The refurbishment of the Farnham Maltings South Wing, including the provision of performance/theatre space, is a key priority for the Council.

182.2 In April 2006, the Executive agreed to provide matched-funding towards the costs of a Phase 2 development of the South Wing. This element of the refurbishment was intended to restore the roof of the South Wing, replace the brickwork that is worn and out of character, restore windows and doorways and complete the fitting out of the interior of the South Wing (including new toilets, dressing rooms, Studio, and corridor access from the South West Kiln stairway). The total cost of this phase of work was estimated to be £697,964 that would have resulted in a contribution of £232,655 from Waverley, based on the original agreed funding ratio of one-third Waverley funding to two-thirds Maltings funding. The Maltings did secure £24,427 from the Arts Council towards the cost of new seating, lighting and sound systems which Waverley contributed another one third of the costs being £12,213. However, a significant proportion of the required Maltings partnership funding for the remaining elements of work (£300,000) was anticipated to come from a Heritage Lottery Fund (HLF). In March of this year the Maltings was informed that their HLF bid had been rejected. Given that the HLF bid failed, the organisation has had to revise its plans for the continued refurbishment. 182.3 The Maltings continues to apply for grant funding from various other sources available to it. However, given the fundraising work done to date, the sources of additional funding have to a large extent now been exhausted and it is proving increasingly difficult for the organisation to secure on-going partnership funding to meet their immediate needs. The Council did provide a loan of £50,000 towards the costs of employing fundraising specialists to support the fundraising efforts.

182.4 The original proposals for the Phase 2 refurbishment have had to be scaled down to enable the Maltings to find sufficient funding to carry out the essential work, with the aim of undertaking the remaining works in three further phases, dependent upon fundraising, as follows:

182.5 The essential remaining work in the short term, as part of the revised Phase 2, includes the following:

· Completion of fire exit routes
· Additional fire doors, one-hour fire partitions, fire signage
· Disabled toilets backstage in the South Wing
· Backstage dressing rooms
· Backstage storage for new seating system

182.6 The total cost of the Phase 2 essential works outlined above is £44,000. The Maltings has £5,000 available to commit to this phase of works. In the original proposals Waverley would have contributed £14,667 towards these costs based on the matched-funding ratio. Given the shortfall of funding and the immediate need to carry out these essential works, the Maltings is now seeking an additional contribution of £24,333, making a total contribution of £39,000 from Waverley towards Phase 2.

182.7 The following risks have been identified:

182.8 In order to minimise these risks, formal project management must be in place to ensure any potential overspends are prevented. In terms of the future phases of the refurbishment, there may be the risk that insufficient partnership funding can be raised. To endeavour to remedy this risk, a fundraising sub-group of the Trust Board had been established to develop a fundraising strategy.

182.9 Having successfully completed Phase 1 of the Maltings refurbishment, but in light of the difficulties in securing sufficient funding for the proposed Phase 2 as originally intended, the organisation has revised its strategy for refurbishment. In order to complete the essential works set out in this report, in the short-term the Maltings are seeking a higher contribution from Waverley than the previously agreed funding ratio.

182.10 The Executive


131. the funding requested for phase 2 be provided; and

Background Papers (DoEL)

Executive reports dated 12th July 2004 and 4th April 2006.


183.1 As a Council, Waverley is keen to identify how it can best support the increase of community access to theatre and performance, both amateur and professional, in a sustainable way. As a policy the Council has agreed to support the development of the Maltings as a key cultural organisation within the borough as it recognises the potential of this organisation as a vehicle by which to develop and deliver cultural services.

183.2 In relation to theatre, the Maltings is developing its capacity to deliver performance work both within the venue but also externally across the borough and more widely the region. Its aim is not about creating a substitute repertory theatre to replace the former Redgrave Theatre, but improve the services it offers to meet the needs of the wider community in relation to offering access to good quality professional and amateur theatre and performance.

183.3 In order for the Council to consider how it can contribute to increasing opportunities for theatre and performance, it would like the Maltings as its partner to undertake an assessment of current needs and to consult widely with a range of key stakeholders across the borough. The needs identified will then provide a basis upon which options can be developed which will help deliver the joint ambition of the Maltings and the Council.

183.4 The South Wing of the venue is now refurbished and is capable of presenting studio scale work to audiences of 100. This capacity can service most of the children’s theatre work, the youth theatre performances and the new work made at the Maltings by professional arts organisations that tour the region.

183.5 The Maltings also intend to use the infrastructure provided by the South Wing studio i.e. seating, lighting, sound equipments etc throughout the building. It will therefore be possible to convert the Long Kiln room or the Courtyard or the Water meadow into a space suitable for presenting work. There remains, however, both an opportunity and a challenge to provide facilities for larger audiences. The Great Hall was refurbished on a limited budget 30 years ago. As a multiuse space it has the advantage of not having been adapted to only serve one function, although the raised stage does present some accessibility problems and staging limitations. Currently the Maltings can configure the space as a 260 lecture theatre (mainly used for film) or 450-concert hall (used for example by Farnham Amateur Operatic Society, Nadfas etc), or as a flat space (used for exhibitions, promenade events and markets).

183.6 The tiered seating of the Great Hall is not in good condition and is not ideally suited to audiences or performers, the backstage area is less than ideal, the toilets were designed at a time when they also served a nursery unit and the technical infrastructure is poor.

183.7 In order to meet the requirements of users and increase performance opportunities there is a need to explore the challenges and opportunities of improving the infrastructure without loosing the flexibility and range of uses that it currently provides for. As part of any consideration the likely future needs of artists and audiences must be taken into consideration. There is a belief that the Maltings should not set out to make the building ‘more like a theatre’ but that it should improve the current resources, the backstage facilities and the comfort factor of the existing facilities which will in turn allow for greater performance opportunities. This approach would have the added advantage of benefiting from the investment already being directed towards the box office, the foyer and the café so that, ultimately a building fit for purpose could be created.

183.8 In the first instance, it is proposed to undertake a wide consultation across the Borough with key stakeholders to identify the needs and opportunities for increasing access to theatre and to consider what options may be available to meet these needs.

183.9 Secondly, a feasibility study should be commissioned which would explore the potential for improving the Great Hall as a core component of how the Maltings as a venue can meet the needs of theatre across the Borough. This feasibility study will investigate opportunities for:

· reconfiguring and upgrading the tiered seating, to lose the vomitory entrance
· upgrading the backstage area, toilet and shower facilities.
· explore users response and the costs of removing the stage and raised back stage area to allow for a more flexible, accessible space.
· Improve the technical infrastructure including the technical box.
· Explore the costs and option of improving the sound proofing of the Great Hall.

183.10 It will be necessary to undertake the following actions:-

183.11 Most of the actions listed above can be carried out at no cost and the Maltings would be prepared to oversee the development of the proposals. The cost of appointing specialist advisors to carry out the consultation and feasibility study and to prepare recommendations is £10,000. The Executive accordingly


Background Papers (DoEL)


184.1 The Local Government SIG has already received summary papers on the impact of the White Paper for Waverley. A copy of a summary of the White Paper prepared by the Officers is attached as Annexe 8.

184.2 The Council now has to agree formally whether to respond to the Government deadline for any submissions relating to structure or enhanced two-tier working which have to be with the Department of Communities and Local Government by 25th January 2007. The Council also needs to agree a policy position to enable it to respond to challenges in the White Paper about reform.

184.3 The Surrey District and Borough Councils’ Leaders have been working together on ways of improving joint working and of improving the working relationship with Surrey County Council. The Leader of Surrey County Council, Councillor Skellett, has proposed that Surrey, jointly with all the District and Borough Councils in the county area, should look urgently at radically improved two-tier working. This would use the criteria set out in the White Paper Annexe for a formal pathfinder submission to the Department of Communities and Local Government, but rather than submit a formal proposal, instead to use this as a discipline and benchmark for improvements to two-tier working. The District and Borough Leaders have embraced this offer and expressed their commitment to working to improve services to people in Surrey.

184.4 The Surrey District and Borough Leaders also agreed to accelerate joint Borough partnership working, particularly through the clusters of Councils previously identified. Officers have been working with their opposite numbers in Woking and Guildford to identify existing areas of joint working and explore new areas with potential for services or improve services.

184.5 The Executive, at its last meeting, discussed this proposal and felt it offered the potential for gaining all of the benefits of improved two-tier working and better co-ordination of services without the disruption which any form of formal restructuring and unitary council creation would involve.

184.6 The Surrey Boroughs and Districts’ Leaders also considered whether to respond to the invitation in the White Paper to submit joint proposals for unitary Councils based on the three identified clusters of Borough and District Councils. The Leaders did not feel that the costs of preparation of a formal submission and subsequently of any restructuring agreed by Government would be justified by improvements to services. Similarly, they agreed that any unilateral bid by Surrey County Council without Borough and District support could not be justified and should be opposed.

184.7 The Executive agreed the proposed contribution of up to £20,000 from each District and Borough Council which would give the District and Boroughs collectively over £200,000 to commission any necessary work to meet the Government’s demanding timescales. The Executive authorised the Managing Director and Director of Finance, in consultation with the Leader to agree on Waverley’s behalf to spending from this budget for specific joint projects.

184.8 One of the key challenges in the White Paper is to improve multi-tier local government in shire county areas. There is belated recognition by the Government in the White Paper of the role for Town and Parish Councils in representing their communities at neighbourhood level. Waverley has already committed to working with its Town and Parishes in the particular democratic circumstances in the Borough of an active and healthy three-tier system of local government and representation.

184.9 As part of this, the next Waverley-wide meeting with Town and Parish Councils on 4th December was being asked if it is interested in developing the existing six monthly meetings into a more wide-ranging Waverley communities forum. The last few meetings have had inputs from Surrey Policy and Surrey Fire and Rescue, and the meeting is being asked if it wishes to set up a working group to devise proposals to build on this and broaden its role. These could include exploring ways of devolving services to the most appropriate level of local government.

184.10 The Government is proposing to consult on proposals for “strengthening” political leadership by adopting one of three specified models for decision-making. The White Paper also has proposals on electoral patterns. Waverley already has all-out elections every four years, as advocated by the Government, but does not have a uniform pattern of single Member Borough Wards. At the last electoral review, implemented at the 2003 elections, the Borough proposed and the Electoral Commission accepted a varying pattern of 1, 2 and 3 member wards according to the differing needs of communities across Waverley.

184.11 There are also proposals to strengthen the role of ward councillors and Overview and Scrutiny and officers will report on these as they become clearer. Waverley has committed to working through its Towns and Parishes for devolution of powers to neighbourhoods. Waverley has agreed a protocol with Guildford and Woking Boroughs for partnership working, as appropriate.

184.12 Waverley has been working hard to develop its Local Strategic Partnership and to be given an input into County-wide local area agreements. In some areas such as the Joint Municipal Waste Strategy that has been driven by the Borough and District Councils this has been successful. In other areas the County Council has driven the process with Surrey Borough Councils being less involved.

184.13 The Local Government Association has submitted a response to the White Paper, and a copy is attached as Annexe 9.

184.14 The Executive


135. Waverley does not submit any proposal in response to the White Paper for any form of restructuring to establish new Unitary Councils;

136. Waverley commits to working with Surrey County Council to improve services within the improvement framework put forward by the Government, but does not submit a formal pathfinder bid;

137. Waverley would object to any bid by Surrey County Council for a county-wide unitary Council;

138. Waverley reaffirms its commitment to working with its Town and Parish Councils as a key part of the active three tier system of local government in the Borough, and works with the Towns and Parishes to develop a communities forum for all levels of local government in Waverley; and

139. Officers be encouraged to develop their work with colleagues in Woking and Guildford under the agreed protocol to secure improvements to services for people in the three Boroughs and other partners as appropriate, for the benefit of the Borough’s residents.

Background Papers (MD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.


185.1 On 4th July 2006, the Licensing and Regulatory Committee considered a report on the Council’s draft Statement of Gambling Policy, and resolved that its comments and observations thereon be conveyed via the Executive to the Council. The Executive then considered the report, together with the Licensing and Regulatory Committee’s observations and comments, on 11th July 2006. The Executive recommended that the draft Statement be agreed subject to the observations of the Licensing and Regulatory Committee and the addition of the Waverley Local Strategic Partnership and the Safer Waverley Partnership as consultees.

185.2 The recommendation of the Executive was approved and adopted by the Council at its meeting on 18th July 2006, and the draft Statement was thereby approved. A copy of the draft Statement is attached at Annexe 10. Following the Council meeting on 18th July, a 12-week period of public consultation was undertaken, closing on 23rd October 2006.

185.3 A summary of the comments received as a result of that consultation was set out in the report and considered by the Licensing and Regulatory Committee and the Executive, together with officer comments on these and proposals for change, where appropriate. The Council is obliged by Statutory Instrument to have its Policy in place by 31st January 2007, having published it at least four weeks beforehand (i.e. published on or before 3 January 2007). The Statement, in common with the existing Licensing Policy, has to be reviewed within three years of implementation, although it can be reviewed and revised at any time during that period.

185.4 The consultation process has included circulation to the organisations as set out in the draft Policy document, as well as Town and Parish Councils at the Parishes Meeting, and via the Council’s web site, where it has been available throughout the consultation period. There were seven written responses to the draft Statement, two of which had no comment to make. The remaining five came from the following persons or bodies:-

· The Association of British Bookmakers (comments received via Bond Pearce Solicitors);
· The British Beer & Pub Association;
· GamCare;
· Safer Waverley Partnership;
· Councillor Andrew Jones (Elstead Parish Council).

185.5 One amendment to the draft Statement was suggested in order to reflect the representations received.

185.6 The Human Rights Act 1998 incorporated into English Law the protection of human rights enshrined in the European Convention on Human Rights (ECHR). The Council must have regard to the human rights of individuals affected by its decisions. Although there are no direct implications in this report, the Council will have regard to the following matters in considering applications for licences under the Gambling Act 2005.

185.7 Article 1 of the First Protocol of the ECHR provides for the protection of private property and possessions. In addition to Article 1 of the First Protocol, the Council must comply with the principles of Article 6, which provides for the right to a fair hearing in determining civil rights and obligations. This necessitates a fair and public hearing undertaken within a reasonable time by an independent and impartial tribunal established by law. In providing for determination of licensing matters by a local authority the legislation also provides for appeal to the Magistrates’ Court, so that there is access to an independent and impartial tribunal and a public hearing.

185.8 Article 8 of the Convention says that everyone has the right to respect for his private and family life, his home and his correspondence. Accordingly, when making decisions on the grant of licences the Council, via committee, will consider representations regarding the effect of businesses (such as betting shops and bingo halls, for example) on the amenities of residents living in the vicinity of premises, albeit that such representations must be relevant to the Act’s Licensing Objectives.

185.9 The Council's Statement of Gambling Policy is a key framework within which the Council will consider applications for gambling premises licences. Applications for gambling personal licences and gambling operators’ licences will be dealt with centrally by the Gambling Commission, and it will be incumbent on the Borough Council in dealing with premises licence applications to ensure that the Gambling Commission has issued the appropriate operator and personal licences, before issuing any gambling premises licences.

185.10 There are three Licensing Objectives contained in the Act, as set out below, and statutory Guidance has been issued by the Secretary of State, to which the Council will also need to have regard in considering applications for gambling premises licences. The three Licensing Objectives are:-

§ Preventing gambling being a source of crime and disorder;
§ Ensuring gambling is conducted in a fair and open way;
§ Protecting children and the vulnerable from being harmed or exploited.

185.11 It is difficult to predict staffing implications and other costs. It is anticipated that the bulk of the additional work to be undertaken by the Council will be the conversion of betting shop licences, and any future applications for these or bingo hall licences. There will be a large number of gambling machine permits for pubs and clubs, which are likely to be an administrative function over and above the current tasks undertaken by the Licensing Section. The Licensing Section is staffed by three full time staff at 37 hours per week each, and three part-time staff, whose hours amount to just over two full-time-equivalents. One of these part-time roles (30 hours) is on the enforcement side, shared between taxi enforcement and Licensing Act 2003 enforcement as appropriate in day to day working, and involves a proportion of work outside of the office, with evening and occasional weekend working included (often with other agencies such as Surrey Police).

185.12 It is not possible to predict with precision the future demand for gambling licences, but currently there are around eight to ten betting shops which will require individual gambling premises licences in Waverley. A best estimate is that these will be dealt with by ‘Grandfather Rights’ in a similar way to those ‘simple’ applications under the Licensing Act 2003 (the ones where there is no discretion and which would not have come before a Licensing Act Sub-Committee for any reason. The figure for Waverley area licensed betting shops has been checked with the Magistrates Court office, which has up to now issued licences for betting shops. Pubs and other alcohol licensed premises may wish to increase the number of gaming machines on their premises, which could lead to further applications requiring full consideration.

185.13 The Government has stated that the licence fees income received should cover all Council costs, including the consultation exercise. Paragraph 4.27 of the Gambling Commission’s Guidance mirrors this view. The Government originally stated that Councils would have to be in a position to receive premises licence applications by 31st January 2007. This date has now been moved to 30th April 2007, although the operative date of the legislation coming into full force remains 1st September 2007. In the transitional period from 30th April to 1st September 2007, all premises and responsible people will have to obtain new licences, and the premises licences will be issued by Waverley for all premises within the Borough.

185.14 There may be additional calls on staff in the Legal and Committee Sections if there are a lot of objections to premises licence variations, which may trigger a hearing by a Sub-Committee of the Licensing and Regulatory Committee. This would be similar to the type of considerations undertaken in the Licensing Act 2003 hearings, which reached a peak in September/October 2005 and still take place on a reasonably regular basis for new and varied licence applications.

185.15 Once again, there has been some significant delay by the Government in producing regulations, and this appears to be the main reason for allowing councils to delay the commencement of accepting applications until 30 April 2007. It is now likely that most of the fee income and extra work will fall in 2007/08. Extra staff may be needed in the Licensing Section to cope with the peak of applications for premises licences and permits. It is proposed that further part-time administrative assistance may be needed for up to 12 months while the issue of permits is completed and the new gambling licensing system is bedded in. There will be additional enforcement requirements and it is hoped that the current enforcement role can be increased to full time 37-hour week, (currently 30 hours). The cost of extra staffing could be:-

Licensing Administrative Assistant - Scale 9 - Full cost for 12 months of between £20,477 and 26,564 inclusive of all costs

Licensing Enforcement/Inspection Officer - Scale 9 - (including travel and out of hours supplement) -additional cost £5,426.

185.16 Once the workload position on other staff is clearer, officers will report again about any further implications for licensing and possibly other sections of the Council.

185.17 The Executive noted the representations on the draft Statement of Gambling Policy in the Annexes to this report be agreed and the resource implications set out in the report.

185.18 The Executive also


140. the final version of the Statement of Gambling Policy for Waverley, as set out in Annexe 10, be formally adopted in time for the deadline for publication of 3rd January 2007, and the resource implications for 2007/08 progressed.

Background Papers (MD)

Draft Statement of Gambling Policy and representations received in response to the consultation.

186. SAFEGUARDING CHILDREN POLICY (Agenda Item 16; Appendix N)

186.1 There has been a longstanding commitment by the Council and other statutory and voluntary partners across Surrey to promote the welfare and safeguarding of children and young people and comply with the county-wide multi agency safeguarding procedure which are continually monitored through the Surrey Safeguarding Children’s Board (SSCB), (formally known as the Area Child Protection Committee).

186.2 The Council has consistently sought to adopt and implement the highest possible standards of policy and practice in its work with children and young people. The delivery of high quality services to children and young people is a key Council aim. Central to this aim is the need to ensure that children and young people are cared for to the highest possible standards whilst in our care or under our direction.

186.3 The adoption of a Safeguarding Policy for Children and Young People brings with it the requirement to regulate many of our services including specific recruitment, training, selection and vetting procedures for employees and for those who are delivering a service on behalf of the Council. The Policy, attached as Annexe 11, will also outline the preferred means by which any allegations or suspicions are reported within Waverley Borough Council’s structures.
186.4 The policy highlights key issues that are specific to Waverley and provides recommended actions. These key issues are: a) the law b) roles and responsibilities c) third parties delivering services for the Council d) record keeping e) staff recruitment f) staff training.

Summary Action Plan of current work in progress

1. Personnel
Co-ordination and development of the management of the Safeguarding Policy for Children and Young People from Managing Director through to all key staff
Managing Director
December 2006
Define criteria that would determine a post to be a key post in the terms of safeguarding children and young people in relation to staff including casuals and volunteers
Personnel in conjunction with line managers
December 2006
Identify key posts that will be subject to Criminal Record Bureau Checks
December 2006
Determine responsibilities and guidelines for decisions relating to Criminal Record Bureau disclosures
December 2006
Implement processes to ensure that key posts remain subject to Safeguarding Children and Young People Policy following any change in circumstance
March 2007
Review and if necessary establish new procedures between third party organisations delivering services on behalf of the Council and contractors to ensure they are meeting the requirements of Waverley Borough Councils Safeguarding Policy for Children and Young People including licensing.
Service Managers responsible for third party agreements, legal and procurement
March 2007
Review the relationship between the Safeguarding Policy for Children and Young People and recruitment of volunteers, agency staff and Council employees under the age of 18yrs
March 2007
Develop a series of standard operational procedures (SOP’s) for officers to refer to when facilitating projects, events and new initiatives. For example SOPs on, using volunteers, staff to child ratios, referral process, recording incidents, and parents leaving children to take part in activities.
Children and Young People Working Group and relevant Officers in Environment and Leisure
March 2007
Examine for gaps that may exist between the Safeguarding Policy for Children and Young People and the Council’s existing Internet and E-Mail instructions
Safeguarding Children and Young People working group and Personnel
March 2007
Ensure the working group is consulted during the updating process of the corporate Photographing of Children Policy.
Legal Services, Communications and Safeguarding Children and Young People working group
March 2007
Ensure that the Safeguarding Policy for Children and Young People is updated in line with other key agencies updates to safeguarding issues and also in line with new legislation
Safeguarding Children and Young People working group
Ensure grants to organisations working with children and young people have robust Child Protection Policies in place
Finance and link officers
March 2007
2. Training
Determine Waverley Borough Council’s position on Surrey Safeguarding Children’s Board requirements for staff to be trained
Co-ordinate the delivery of the mandatory 3 hour Awareness Training as required by the SSCB for all staff. This course will form of Waverley’s Induction Programme for new starters
May 2007
Outline levels of training for key posts that work closely with children and families
Safeguarding Children and Young People working group
December 2007
Source, co-ordinate and evaluate appropriate training for staff as identified above
3. Communication
Produce and issue a summary information booklet providing good practice guidelines for all staff to follow
Safeguarding Children and Young People working group
January 2007
Produce a summary information poster leaflet with contact numbers in order to report an allegation or a suspicion of child abuse for all staff
Safeguarding Children and Young People working group
January 2007

186.5. The mere adoption of the Policy will not ensure that children and young people who benefit from Waverley Borough Council services are in any way more protected. It is the implementation of this Policy, an understanding of safeguarding children and young people and a willingness to undertake specific training that will bring us closer to this aim.

186.6 It is essential that the actions outlined in the Summary Action Plan be concluded by the deadlines given. The Corporate Overview and Scrutiny Committee agreed to commend the policy to the Executive.

186.7 Two elements of the Safeguarding Children and Young People Policy implementation will have a financial implication to the Council namely Criminal Record Bureau (CRB) Checks and the provision of new training to key staff. This is difficult to quantify until the criteria for the definition and identification of key staff has been established. CRB Checks are categorised as standard or enhanced, with enhanced being the appropriate check for those working with children and young people. The checks currently cost £31 for standard and £36 per enhanced application.

186.8 The Boroughs and Districts are also party to an agreement with the Surrey Safeguarding Children’s Board that requires us to train all staff in child protection (a three hour course). If provided in-house, as suggested, this would involve an officer committing a minimum of 15 days to train all existing staff. The alternative would be to arrange for an external provider to run the course for us and the costs associated with this would be in the region of £11,250 (taking £750 as a daily rate).

186.9 The Executive agreed an initial budget of £11,250, to be met from existing training budgets, to ensure all appropriate existing staff undergo the 3 hour Awareness Training as required by the Surrey Safeguarding Children’s Board which equates to 15 days training at a daily rate of £750. It also requests officers to ensure that all levels of safeguarding training are incorporated in the annual training plan and that a budget of £2,000 be approved to produce a Safeguarding Children and Young People Summary document for all existing and new staff. The Executive also


Background Papers (DoEL)

Every Child Matters 2003
187. SCHEME OF DELEGATION - LAND COMPENSATION ACT 1961 (Agenda Item 25; Appendix V)

187.1 As Members will be aware, the A3 tunnel proposals at Hindhead are likely to lead to the compulsory purchase of land in the area in order to facilitate the development of the tunnel.

187.2 Part II of the Land Compensation Act 1961 provides that compensation for the compulsory purchase of land is assessed and made on a market value basis. However, in addition to existing planning permissions, Sections 14 – 16 of the 1961 Act provide for certain assumptions as to what planning permissions might be granted to be taken into account in determining the market value of land.

187.3 To establish what permissions might be granted, it is open to either the landowner or the acquiring authority to apply to the local planning authority for a Certificate. By issuing a Certificate, the local planning authority is indicating the kind of development (if any) for which planning permission can be assumed, and for compensation purposes, the permissions indicated in the certificate are those with which an owner might reasonably have expected to sell his land on the open market if it had not been compulsorily acquired.

187.4 There is no fee payable to the local planning authority on such applications.

187.5 In several instances of compulsory purchase there may be no need to apply for a Certificate because the planning position is straightforward. However, circumstances in which Certificates may be required include:

(a) where there is no adopted development plan covering the land to be acquired;
(b) where the adopted development plan indicates a green belt or area of special landscape value, or leaves the site without specific allocation; and
(c) where the site is allocated in the adopted development plan specifically for some public purpose, such as the new road (eg Local Plan policy M18).

187.6 The local planning authority is required to issue a Certificate stating what planning permissions would have been granted (whether contemporaneously or in the future) if the land were not to be compulsorily acquired. The Certificate must also state what conditions would apply to any such permissions. The relevant date for the Certificate is the date upon which the interest in land is proposed to be acquired under compulsory purchase powers. The local planning authority needs to have regard to the physical state of the land and the area in which it is situated; the current and reasonably foreseeable planning policies applying to the land; and must identify and disregard the planning consequences of the acquisition scheme and the underlying public purpose for it (the “no scheme” world). The local planning authority is not involved in assessing the value of the land, but merely the planning assumptions that govern such an assessment. It is open to either the landowner or the acquiring authority to appeal against these assumptions, evidenced by the Certificate, to the Secretary of State.

187.7 Paragraph 3(4) of the Land Compensation Development Order 1974 (SI 1974/529, as amended by SI 1986/435) provides that the local planning authority must issue a Certificate within two months of receiving an application. If a Certificate is not issued within this period, the applicant must appeal to the Secretary of State within one month of the date by which the Certificate should have been issued (or within one month of the date of the Certificate).

187.8 Notwithstanding that there is some scope for agreeing an extended period for consideration with the applicant, it is therefore essential that all such applications are dealt with expeditiously. The Executive accordingly


Background Papers (MD/DoPD)

There are no background papers (as defined by section 100D(5) of the 1972 Local Government Act) relating to this report.


188.1 Under Part VII of the Housing Act 1996, Waverley has a statutory responsibility to provide housing advice, assess homelessness and to provide accommodation to certain homeless households. In order to discharge its statutory duty and to avoid the very expensive use of bed and breakfast accommodation, Waverley has had to lease private properties as temporary accommodation, in addition to using its own hostels and short-life properties. Whilst cheaper than using bed and breakfast, leased properties are still very expensive and represent the largest expenditure in the homelessness budget.

188.2 The Homelessness Act 2002 produced a requirement for all Council’s to produce a Homelessness Strategy. Among the aims of the Government for the strategies is that Councils adopt more cost effective ways of dealing with all homeless people and help people access alternative housing. The emphasis is targeting resources at prevention of homelessness, rather than assessment of homelessness. The Government has subsequently produced a requirement that Councils reduce the number of homeless applicants in temporary accommodation by 50% by 2010. The importance the Government places on prevention of homelessness is reflected in the likelihood that a Council’s performance in preventing homelessness will contribute to its overall CPA assessment.

188.3 Waverley produced its Homelessness Strategy in July 2003. The table below shows the excellent progress Waverley has made in reducing the number of homelessness applications and acceptances and also reducing the number of households in temporary accommodation.
188.4 As a result of this progress, Waverley has reduced its stock of leased properties from 49 in December 2004 to 24 in August 2006. The overall homelessness budget has reduced from £570,180 in 2003/4 to £382,460 in 2006/7. In addition, the actual expenditure has been below the estimates for 2003/4 – 2005/6 inclusive. 188.5 Waverley has re-directed its resources to give greater emphasis to housing advice in order to help prevent homelessness. Recently a ‘Homelessness Officer’ post was re designated as a ‘Housing Advice’ post. It makes much more sense to reduce the numbers through prevention advice than processing homeless applications with the additional expense on top of providing temporary accommodation. 188.6 Waverley has used its ‘Rent Deposit Bond’ scheme to help housing applicants threatened with homelessness to access private rented accommodation rather than be placed in temporary accommodation. Issuing a Deposit Bond enables an applicant to secure accommodation in the private sector that at best costs Waverley nothing (besides the administration of the scheme) or at worst £1,000 if the bond has to be honoured and the outlay cannot be recovered.

188.7 For cases where the Council would have to place a household in bed and breakfast or other temporary accommodation and where a landlord will not accept a bond, the Council will sometimes pay cash deposits and rent in advance to enable an applicant to secure private rented accommodation. Although this can be a significant one off outlay of funds, it is still more cost effective than placing someone in temporary accommodation with ongoing cost to the Council. The average annual cost of a leased property to Waverley is in the region of £10,000 reducing to £5000 if rented out and rent is collected for a full year. Even if a cash deposit and rent in advance is issued to the sum of £2,000, this one off expenditure is much more cost effective than the annual cost of using a leased property.

188.8 Whilst cost effective, the issuing of bonds and cash deposits is resource intensive in terms of administration and monitoring. In 2003/4, 11 bonds/deposits were issued, in 2004/5 40 were issued, in 2005/6, 75 were issued.

188.9 Waverley’s success in reducing homelessness and numbers in temporary accommodation has resulted in a successful bid to increase an annual Government grant from £20,000 to £30,000. This money is used flexibly to fund rent deposits and rent in advance or to pay for one off costs to prevent homelessness.
188.10 Reducing numbers in temporary accommodation is addressed in 2 ways: Reducing the number of those applying as homeless through preventative advice and by ensuring that those already in temporary accommodation are housed in more settled permanent accommodation. The latter has been achieved by amendments made to the Council’s Allocation Policy last Autumn, when those who have lived in temporary accommodation for a long time were given increased priority. The former will be enhanced by moving to a Banding System with effect from December 2006 as the new policy removes any incentive applicants may have had in the past to approach the Council as homeless and be placed in temporary accommodation. The new policy does this by not penalising people for making their own accommodation arrangements in the private sector. Applicants living at home with relatives or renting privately or living in temporary accommodation will be placed in the same band and prioritised according to the time they have spent on the housing register.

188.11 Whilst cost effective, housing advice is much more time consuming for front line officers. It is much easier to place someone in temporary accommodation and assess the reasons for their homelessness than to try to prevent the homelessness in the first place. The number of housing advice cases received in 2003/4 was 409, in 2004/5 606, in 2005/6 the number rose to 659. Such an increase in inquiries and related case-work inevitably places considerable strain on staff resources.

188.12 Housing advice work entails assessing peoples’ current housing circumstances and the triggers that are causing the threat of homelessness, advising people as to their legal rights and trying to resolve the problems. Where homelessness cannot be prevented, the work includes assessing peoples’ financial circumstances, their entitlement to state benefits, convincing them that accommodation in the private sector can be a viable housing option and negotiating with private landlords to secure a suitable accommodation option.

188.13 Once accommodation has been secured there is the matter of trying to support both the tenant and the landlord to ensure that the tenancy runs smoothly so homelessness does not occur again. Whilst the team do this when they can, Officers are not resourced to do this to the extent that is needed.

188.14 As well as trying to support the existing cases that have been helped into the private sector, the team are dealing with a constant stream of people seeking advice as to a whole raft of housing problems by phone or in person, a number of whom previously we would have assessed as homeless and placed in temporary accommodation.

188.15 Along with the success of homelessness prevention has come additional administrative burden of issuing the paperwork for the rent deposits, rent in advance and rent bonds and maintaining the database records. Some of this administrative burden has been taken on by spare capacity created by the reduced use of temporary accommodation but this does not address the full need.

188.16 As noted above, the Homelessness and Advice Sections have already adapted to the new approach of prevention of homelessness by redirecting precious resources to where they are most needed e.g. changing a ‘Homelessness Officer’ post to a ‘Housing Advice’ post and using Homelessness Assistants to provide administrative support for the Rent Deposit Bond scheme. The current Homelessness Officer doubles up as a Housing Advisor to provide as much flexibility as possible in managing the demands on the service.
188.17 However, officers consider that having re-directed the current resources there is still a need for an additional post if the current progress is to be maintained. This would also create greater capacity for the housing advisors to properly monitor those applicants who have been assisted into the private sector to avoid repeat homelessness.

188.18 It is proposed that a front line ‘Housing Options Officer’ is recruited to deal with initial housing advice queries in person and by phone. Such a role will release the existing advisors to concentrate on more detailed casework and securing alternative accommodation for homeless applicants. The proposed role would also help complement the introduction of Choice Based Lettings in Waverley which is due to be launched in March-April 2007, as a number of housing advice queries span the private sector as well as people’s social housing options.

188.19 The cost for the proposed role is £28,000 taking into account on costs, based on a maximum pay grade of 9a and including essential car user allowance and mileage provision estimate.

188.20 Members are reminded that the Council is continuing to reduce its stock of leased properties that will in turn reduce the building maintenance budget next year. In addition, there is likely to be a reduction in the B&B budget. From this year Waverley is receiving an additional £10,000 in Government Homelessness Grant. Operationally the post is required as soon as possible and is being requested from 1st April 2007. 188.21 The Community Overview and Scrutiny Committee supported the officer recommendation. The Executive recognised the tremendous work done is this area and


Background Papers (DoH)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.


189.1 The Local Government Commission carried out a major review of Borough and Parish Council boundaries and representation, which reported finally in September 1998. At the time, the Frensham Parish consisted of three wards, the Churt ward, the Rushmoor ward and the Frensham ward. No changes were proposed at the time for any of Frensham Parish. The final proposals could not be implemented in time for the May 1999 elections, but had to wait until May 2003.

189.2 Subsequently in 2001, a request was received from Frensham Parish Council that Waverley Borough Council should carry out a Parish review to see if a new Parish Council should be set up for Churt village. This left Frensham Parish consisting of two wards, Rushmoor and Frensham. This was agreed and established in 2002 and the first elections for the new Parish were held in May 2003. Frensham Parish was unchanged, with two members for the Rushmoor ward and four members for the Frensham ward.

189.3 Frensham Parish Council proposed, in July 2006, that Waverley should carry out a further review to increase the number of members for the Rushmoor ward of Frensham Parish Council from two to three. Frensham ward would continue as now with four members. The Council meeting on October agreed to proceed with this review.

189.4 The Borough Council has the power to carry out this review but, because the Parish was split by Waverley's review in 2003, Waverley needs to obtain the consent of the Electoral Commission to implement any changes under an Order under Section 17(2) of the Local Government Act 1997. Any changes proposed within five years of a previous review of a Parish need this consent.

189.5 There was no detailed process set out in regulations or guidance for this type of limited electoral review, but the Electoral Commission has said that the issues that the Borough Council should consider as part of the review are:-

189.6 The Parish Council asked Waverley only to look at the narrow issue of the numbers of Councillors for the existing warding structure and for the Rushmoor ward only. The other issues would be considered as part of any overall review, but the review focused only on this main issue.

189.7 The Council needs to show evidence that it sought to canvass public opinion, not only via the Parish Council but also from electors within the whole Parish area. It did this by encouraging the Parish Council to publicise the review and by use of notices on Parish notice boards. Both Waverley and the Parish web sites have been utilised, and the Elections team has written to all households in both Parish Wards. Responses have so far been received from 8 electors in the Rushmoor Ward of the Parish, all of whom have supported the proposed increase in number of members. There have been no adverse comments. The Executive received a summary of these representations.

189.8 Officers have written again to the Electoral Commission explaining the position and asking if the Electoral Commission can be prepared to grant consent in time for the Parish elections planned for May 2007, should Council agree the proposal. The Commission, in practice, would only have two months to give the necessary consent and enable Waverley to make an order and have the arrangements in place for the Parish electoral process for May 2007.

189.9 Officers feel the proposal for an increase is justified and supported in the Parish. However, because of the pressures on the Electoral Commission it is still unclear if any such review could be implemented in time for the May 2007 elections. If not, then the next opportunity to implement the proposed additional membership for the Rushmoor ward would be the May 2011 Parish elections.

189.10 The Executive therefore


144. the request of the Frensham Parish Council be supported for an additional member for the Rushmoor Ward and a proposal be submitted to the Electoral Commission to make the appropriate Order to implement this ; and

Background Papers (MD)

Background Papers

The background papers relating to the following report items in Parts II and III are as specified in the agenda for the Executive.

Part II – Matters Reported in Detail for the Information of the Council

There were no matters falling within this category.

Part III – Brief Summaries of Other Matters Dealt With


2. endorses paragraphs 21 – 26 as the basis of the Council’s formal response to the consultation paper.







[The Executive agreed that this item should be taken out of order and it was therefore considered after the Four-Month Rolling Programme item on the agenda].


1. the public speaking arrangements for the East Street Applications, as set out in the report, be endorsed, subject to Waverley taking initial responsibility for managing the objector slot at the Joint Planning Management Committee meeting;

2. consideration be given to the appropriate venue for the Joint Development Management Committee meetings and officers be instructed to investigate how full use of the web cam facilities can be made possible to enable those interested in observing proceedings to do so, and that publicity should be given to these arrangements in advance;

3. the sequence of meeting events be agreed as the basis for managing the decision process;

4. a schedule of representations containing the summary of points is the best practical way of informing Members of those issues; and

5. the Director of Planning and Development be authorised to secure additional administrative help in the event that further representations received after the publication of the officers reports necessitates that response.

196. EAST STREET - UPDATE ON PROPERTY ISSUES (Agenda Item 21.2; Appendix S.2)

RESOLVED that the progress made be endorsed.


RESOLVED that the Annual Monitoring Report be endorsed.


199. SURREY MINERALS PLAN 2006 (Agenda Item 24)

200. WASTE SIG REPORT (Agenda Item 26; Appendix W)

Due to members’ interest in this subject, a copy of the report is attached at Annexe 12 - for information.


1. the issues raised by the Environment and Leisure Overview and Scrutiny Committee and their subsequent consideration by the Waste Management SIG be noted, the officers’ responses endorsed and the increased outputs to the process welcomed; and

2. support for the inclusion of £80,000 in the draft capital programme for 2007/08 be reaffirmed for upgrading bring sites.

201. HOUSING MARKET ASSESSMENT (Agenda Item 27; Appendix X)


202. CONCESSIONARY FARES (Agenda Item 28; Appendix Y)




3. a budget of £5,000 be agreed to support the work of the Waverley Healthcare Commission, to be vired from the corporate and democratic costs budget in 2006-07.


RESOLVED that the report be noted.

205. MEMBER DEVELOPMENT SIG (Agenda Item 33; Appendix DD)

206. CALENDAR OF MEETINGS 2007/2008 (Agenda Item 34; Appendix EE)


RESOLVED that the following be established:-


RESOLVED that the action taken since the last meeting be noted.

209. RURAL TRANSPORT PARTNERSHIP OFFICER POST (Agenda Item 38; (Exempt) Appendix FF)

[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).]


1. the funding position with regard to the Rural Transport Partnership Officer be noted;

2. consideration be given to the retention of the post of Rural Transport Partnership Officer; and

3. officers report to the next meeting of the Executive on possible financial provision which could be made in the revenue budget for 2007/08 and beyond for a new post to be created to maintain support for community transport, concessionary fares and Access to Services.


[Note pursuant to Section 100B(5) of the Local Government Act 1972: this item contains exempt information by virtue of which the public is likely to be excluded. The information is as specified in paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).]
The meeting commenced at 7.00 p.m. and concluded at 11.11 p.m.