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Waverley Borough Council Committee System - Committee Document

Meeting of the Council held on 18/02/2003
REPORT OF EXECUTIVE COMMITTEE - 4TH FEBRUARY 2003 - REPORT TO THE MEETING OF THE COUNCIL ON 18TH FEBRUARY 2003



WAVERLEY BOROUGH COUNCIL

EXECUTIVE - 4TH FEBRUARY 2003

REPORT TO THE MEETING OF THE COUNCIL ON 18TH FEBRUARY 2003

Note pursuant to Section 100B(5) of the Local Government Act 1972

The following report items contain exempt information by virtue of which the public is likely to be excluded. The information is as specified in those paragraphs of Part 1 of Schedule 12A to the Local Government Act 1972, viz:-

Item EE

Any instructions to Counsel and any opinion of Counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with:-

(a) any legal proceedings by or against the authority; or

(b) the determination of any matter affecting the authority

(whether, in either case, proceedings have been commenced or are in contemplation). (Paragraph 12)

Item QQ

Any terms proposed or to be proposed by or to the Authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. (Paragraph 9)

Item VV

The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. (Paragraph 8)

PART I - Reports containing recommendations for decision by the Council

U. MATCHED-FUNDING PROVISION – ROUND 6 APPLICATIONS 2003/04
[Wards Affected: All]

U.1 At the meeting of the Executive held on 11th June 2002, the process and timetable for Matched-Funding Provision Round 6 applications was approved.

U.2 A total of 24 applications were received requesting grants of 501,700. A further eight applications were received under the Community Buildings Grants Scheme for 2003/04 totalling 94,815.

U.3 A summary of all the Matched-Funding and Community Buildings Grants Scheme applications, including the total project costs, grant requested, percentage leverage, and criteria score is attached at Annexe 1 to this report.


U.4 The report to the Executive provided details of the schemes and the results of the assessment against the Matched-Funding Provision criteria.

U.5 In accordance with the process agreed by the Policy and Resources Committee on 18th December 1997, there is an annual bidding round for up to three quarters of the annual Matched-Funding Provision. The remaining one-quarter is ring-fenced for urgent applications, or for opportunities that arise during the year.

U.6 At the meeting of the Executive on 11th June 2002, the Matched-Funding Provision grant criteria and the guidance notes for applicants were approved. Each application has been assessed and scored against the Matched-Funding Provision criteria. In addition, applications have been considered by the relevant service officers and comments provided on each of the applications.

U.7 The application assessment and funding recommendations are based on the results of the scoring, an assessment of the degree of community benefits in relation to the total grant requested, the abilities to draw in additional resources, the likelihood of the project proceeding and potential success of securing partnership funding. Additional considerations are the geographical spread of projects within Waverley, together with a balance of different types of projects.

U.8 The recommended allocation is for Matched-Funding in 2003/04 is 299,750, made up as follows:-



Ring-fenced allocations for urgent applications 20,000

Small Grants 30,000

Phase II of Global Grants previously approved 8,000

Community Buildings Grant Scheme 35,000

Round 6 Applications 206,750
____________
299,750
____________

U.9 The Hindhead Pavilion project was awarded 60,000 in the 2000/01 Matched-funding round, towards a 523,000 scheme. Their bid to Sport England for the bulk of the funding failed and the project was reassessed. The applicants are now proposing a programme of refurbishment rather than construction of a new facility. The shortfall of funding is now 35,000. However, due to the pressures on the Matched-Funding budget, a grant of 30,000 is recommended.

U.10 The Executive has given detailed consideration to this matter and has also taken account of the views expressed by the Overview and Scrutiny Committees. It


RECOMMENDS that:-

65. the recommended Matched-Funding allocation to the Hindhead Pavilion scheme as detailed in paragraph U.9 above, be approved;

66. the recommended allocation of Round 6 Matched-Funding as detailed in Annexe 1, with the exception of the Farnham Town Management Scheme (5,000), totalling 201,800, be approved subject to the conditions of grant being met by each applicant;

67. the recommended allocation of the Community Buildings Grant Scheme as detailed in Annexe 1, totalling 35,399, be approved subject to the conditions of grant being met by each applicant; and

68. the officers be asked to investigate the possibility of considering a grant for the New Farnham Repertory Company Summer Season and report back to a future meeting.

Background Papers (DoF)

Matched Funding Provision Round 6 applications.

V. SPONSORED ORGANISATION SCHEME - APPLICATIONS FOR REVENUE FUNDING IN 2003/04
[Wards Affected: All]

V.1 A total of thirty eight applications for revenue funding in 2003/04 have been received from existing sponsored organisations with a further eight applications from organisations applying for both sponsored organisation status and funding. The total funding requested for 2003/04 is 744,057. The report details the assessment of the applications against the Sponsored Organisation Scheme criteria and provides recommendations for funding awards for 2003/04. A summary table of the grant requests is attached at Annexe 2 to this report

V.2 In December 1999, the Council approved the introduction of a Sponsored Organisation Scheme. This was set up to formalise the revenue funding support to community and voluntary organisations working in partnership with Waverley to deliver services. Organisations apply for Sponsored Organisation Scheme status, and if approved, make annual funding requests. For the current financial year (2002/03) funding requests for over 670,000 were received with awards totalling 548,250 made to 39 organisations of which 3 were new organisations. The table at Annexe 1 details the funding in 2001/02 and 2002/03, together with the current funding requests for 2003/04.

V.3 Due to the increasing demand for revenue funding, both from existing sponsored organisations and those organisations applying to join the scheme, recommendations for funding are based on the degree to which they meet the grant criteria and priority is given to areas where funding is most needed.

V.4 Whilst the Executive decided not to include specific criteria with regard to the adequacy of reserves, certain organisations have funding within their own reserves which could cover their expenditure for 2003/04. Officers commend organisations that have become, or are working towards being, self-sustaining and those organisations that are being effective in accessing other sources of funding to support their work.

V.5 In the case of the Four Villages Day Centre, the organisation had expenditure of 10,076 in the year to 31/3/02 with 90,871 in unallocated reserves. The Haslemere Educational Museum had expenditure of 155,327 in the last financial year. However, income was 94,342. The Museum had unrestricted funds of 574,954 which had reduced from 647,889 one year earlier.

V.6 The total value of the funding awarded to sponsored organisations in 2002/03 was 548,250. The total value of funding requested from existing and new organisations for 2003/04 is 744,057, that is 195,807 more than the value of awards made last year.

V.7 The funding available for sponsored organisations in the draft Revenue Budget for 2003/04 is 562,810, including 15,000 for inflation, plus the following:

20,000 for additional revenue costs of Haslewey Day Centre: 10,000 for Waverley Community Transport from the Community Transport Budget; and 2,000 for Age Concern, Cranleigh and District, from the Day Centre Budget

V.8 The total potential funding 2003/04 is therefore 594,905.

V.9 The Executive has given detailed consideration to this matter and has also taken account of the views expressed by the Overview and Scrutiny Committees. It

RECOMMENDS that:-

69. an additional 5,000 be provided to enable new organisations to be considered for a grant from the Sponsored Organisation Scheme in 2003/04 and the Director of Finance be authorised to approve the allocation of this amount after consultation with the Leader, Deputy Leader and relevant Portfolio Holder;

70. Waverley Community Transport be included in the scheme for 2003/04 with the position being reviewed for 2004/05;

71. the grants recommended for funding in 2003/04, as set out in Annexe 2 of this report, totalling 594,465, be approved; and

72. the officers be asked to report to the Corporate and Leisure Overview and Scrutiny Committee and Executive:-

(a) to review the existing criteria in the light of the emerging Community Strategy and to suggest any additional criteria;

(b) in the light of this structure, the Corporate and Leisure Overview and Scrutiny Committee to recommend a priority order for requests for admission to the scheme and, in the longer term, to review all existing admitted bodies.


Background Papers (DoF)

Sponsored Organisation Scheme applications.

W. FINANCIAL REGULATIONS AND CONTRACT PROCEDURE RULES
[Wards Affected: N/A]

W.1 The Financial Regulations and Contract Procedure Rules are key components in the Authority’s governance arrangements. The Financial Regulations provide the financial control framework which is needed to meet Waverley’s statutory requirements. The Contract Procedure Rules provide controls and guidance to ensure that value for money is achieved in the procurement process and to ensure that good practice is followed when letting contracts. It also underpins the Procurement Strategy and Manual, approved by the Executive in November 2002.

W.2 It is the responsibility of all members, chief officers and managers to ensure that the Financial Regulations and Contract Procedure Rules are observed and it is the responsibility of all staff to comply with them.

W.3 The current Financial Regulations and Contract Procedure Rules are included in the Members’ Handbook at Sections 9 and 10. Neither document has been reviewed for many years.

W.4 With the many recent changes in the way that local authorities operate, it is necessary to review and modernise the way that Waverley manages its financial activity and procurement activities.

W.5 The statements have been reviewed comprehensively and there are many changes proposed which are highlighted in Annexe 3 to this report. Full copies have been placed in the Members’ Room and on the Member Zone within the Council’s intranet.

W.6 In general, the financial limits have not been reviewed in nearly 30 years so these have been uplifted to reflect current prices. It is recommended that, in future, the main financial limits are uplifted annually in line with the Retail Prices Index (RPI) and reviewed every five years.

W.7 The Chartered Institute of Public Finance and Accountancy’s (CIPFA) best practice guide and other current professional guidance has been followed and District Audit has been consulted.

W.8 Training on the new statements will be given to appropriate officers in March/April 2003 and to members in their training programme later in the year.

W.9 There are no direct resource implications. However, the revised statements will improve financial control and help to ensure that best procurement practice is in operation. The measures included in the statements will reduce the risk of fraud, loss and maladministration.

W.10 The Executive

RECOMMENDS that:-

73. the revised Contract Procedure Rules, which replace the current Standing Orders with Respect to Contracts, and the revised Financial Regulations, be approved, these to take effect from 1st April 2003;

74. the main financial limits be uplifted annually by RPI and reviewed every five years; and

75. the arrangements for training, as outlined in paragraph W.8 above, be noted.

Background Papers (DoF)

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

X. REPORT OF THE CULTURAL STRATEGY SPECIAL INTEREST GROUP
[Wards Affected: All]

X.1 The draft Cultural Strategy was considered by the Leisure Overview and Scrutiny Committee on 28th October 2002 and then by the Executive on 5th November 2002.

X.2 The Executive agreed that the strategy should be published for public consultation and the feedback from the consultation period from key stakeholder groups and organisations was summarised and considered by the Special Interest Group at its meeting on 11th December 2002.

X.3 The Special Interest Group made final changes to the document, the revised copy of which is attached at Annexe 4 to this report. The changes made are shown highlighted in bold text.

X.4 The Corporate and Leisure Overview and Scrutiny Committee welcomed the Strategy and complimented the members of the SIG and the officers on the comprehensive series of recommendations contained within. The Committee also agreed that the Special Interest Group should be re-convened to discuss the promotion and presentation of the final strategy document, taking on board the need for a corporate identity to be maintained.

X.5 In terms of a name for the Strategy, the Committee agreed to recommend to the Executive that "A Blueprint for Leisure" be adopted. The Executive is pleased to support this proposal.

X.6 The Executive accordingly

RECOMMENDS that:-

76. the Cultural Strategy for Waverley Borough be adopted and titled “A Blueprint for Leisure”.

Background Papers (DoE&L)

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



Y. BOROUGH AND TOWN/PARISH ELECTIONS - COUNTING PROCEDURE - FARNHAM AND GODALMING COUNT CENTRES
[Wards Affected: All Farnham
and Godalming Wards]

Y.1 The Executive has given consideration to a report on a review of the counting procedure for the combined Borough, Town and Parish Elections on 1st May next. This was first considered by the Corporate and Leisure Overview and Scrutiny Committee whilst the views of the Town Councils were also sought.

Y.2 The proposal is that the counts for the Town Council elections should be held on the morning of Friday, 2nd May in their respective towns. The recruitment of counting staff can be made from existing Waverley staff and the Returning Officer and senior election staff will have a short break after the Borough wards count the night before.

Y.3 Friday counting has been used for the Surrey County Council elections during the joint Parliamentary/County Council elections in both 1997 and 2001. In those cases, the County Council count was carried out the morning after the poll and completed expeditiously, with a far higher level of satisfaction from candidates and agents.

Y.4 Where there are joint Borough and Town ward elections, the costs are shared equally between authorities. This also applies to the counting procedure. However, if the counting for the Town Council wards were held the following morning, the only additional cost would be for the extra time needed for the venue. Waverley would meet the cost for the count on election day and the Town Councils would be charged for the following morning. These extra costs would be approximately 600 for Farnham Town Council and 300 each for Godalming and Haslemere Town Councils.

Y.5 There are unlikely to be any additional costs for counting staff as the hours worked and paid for would be similar if the count was being held following the Borough wards count early on the Friday morning. They may even be reduced, as the staff would be “fresh” to the task and complete it more quickly.

Y.6 The Corporate and Leisure Overview and Scrutiny Committee accepted the proposals in the report but wished to emphasise to the Executive that it was with regret. Godalming, Farnham and Haslemere Town Councils, having been consulted on the proposals, raised no objection to the counting process for their Town Councils taking place on Friday, 2nd May.

Y.7 The primary duty of the Returning Officer is to ensure accuracy throughout the whole counting procedure. Therefore, the pace of the counting and administrative processing of the ballot papers is set to enable the candidates, their political and counting agents to monitor and oversee all stages of the count procedure. Therefore, to meet the main issues raised as a result of the Best Value Fundamental Review, including those problems also experienced by election staff and to implement initiatives to improve best practice, the Executive agrees that a Friday morning count for the Town Council elections should be adopted.

Y.8 The Executive

RECOMMENDS that:-

77. the counting of the Farnham and Godalming Town Council elections should take place on Friday, 2nd May 2003 at 10.00 am.

Background Papers (CEx)

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

Z. CHURT PARISH COUNCIL
[Ward Affected: Frensham, Dockenfield
and Tilford]

Z.1 Members will recall that Waverley held an Electoral Review in Frensham Parish under the Local Government and Rating Act 1997 in May 2001 and as a result, the Office of the Deputy Prime Minister made the Waverley (Parishes) Order 2002 constituting the new parish of Churt.

Z.2 Under the Order, the Council is directed to establish a parish council under the Local Government (Parishes and Parish Councils) Regulations 1999 with effect from 1st April 2003. The area of the new parish of Churt will be the former Churt ward of Frensham parish and the current membership for Churt ward is four parish councillors.

Z.3 It has, therefore, been necessary for Frensham Parish Council to determine the membership of the new Parish of Churt and review its own membership as Frensham parish will be reduced to two parish wards, Frensham and Rushmoor and also determine the precepts for both parishes.

Z.4 During the transitional period between 1st April and the elections to be held on 1st May, the new parish shall be represented by those persons who are the elected councillors holding office for the existing parish ward of Frensham (currently four members).

Z.5 The membership of the new Parish of Churt has been determined at nine councillors with effect from 1st May 2003 and Frensham Parish Council membership should consist of a total of six councillors; four councillors representing Frensham Ward and two councillors for Rushmoor Ward. The parish precept for the Parish of Churt should be 17,347.

Z.6 The Council is required to make a Creation Order under Article 3 of the Waverley Parish Order 2002 establishing the new parish council of Churt, the first annual meeting will be within 14 days after the day upon which the first newly elected Parish Councillors take office and that it shall be convened by the Proper Officer of the Council.

Z.7 The additional workload involved in setting up the new Parish has been contained within existing resources.

Z.8 Residents in Churt feel strongly, as shown by the informal poll, that their community will be better represented by the new Parish Council and a range of issues in the new Parish given better coverage.


Z.9 The Executive

RECOMMENDS that:-

78. a Creation Order be made and submitted to the Office of the Deputy Prime Minister, confirming the membership of nine councillors for the new Parish of Churt and a parish precept of 17,347 for its first year, 2003/4;

79. Frensham Parish Council consist of a total of six councillors; four councillors representing Frensham ward and two councillors for Rushmoor ward; and

80. the Chief Executive act as the Proper Officer for the first annual meeting of the Parish of Churt.

Background Papers (CEx)

The Waverley (Parishes) Order 2002

AA. ENFORCEMENT POLICY FOR WAVERLEY BOROUGH COUNCIL
[Wards Affected: N/A]

AA.1 The Executive has considered a report on a proposed policy framework for all enforcement activity for the Council in line with the Cabinet Office’s Enforcement Concordat. The report includes a draft Enforcement Policy and outlines the current legislation and regulations that the Council is responsible for enforcing across the whole range of its functions. It has also received consideration by the Environment Overview and Scrutiny Committee which, although having no specific observations to make, wished to see the policy endorsed.

AA.2 Many Councils have adopted the Enforcement Concordat as good practice and have been encouraged to do so by the Association of District Councils. The Enforcement Concordat is attached at Annexe 5 to this report.

AA.3 The Enforcement Concordat seeks to establish a framework of good practice for all Council enforcement activity based on the following:-

Clear standards of service

Openness

Helpfulness

Proportionality

Consistency

Good policies and Procedures.


AA.4 An officer-working group, with representation from all departments was formed to consider Waverley’s response to the Enforcement Concordat. The draft policy framework at Annexe 6 is the Management Board’s proposed policy framework, having considered the work of the officer group. The current legislation that the enforcement policy is intended to cover is listed in Annexe 7.

AA.5 If the Policy is adopted, it is proposed that an appropriate information leaflet would be designed and relevant information displayed on the Council’s web site.

AA.6 The officer group found that many of the practices covered in the policy are already carried out but there has been no overarching overt policy framework that has set these standards. There will, therefore, be a need for all departments to review their enforcement work to ensure that they confirm to the Enforcement Policy. In some cases there may be an additional advantage to produce specific guidance on different services, e.g. planning enforcement. Such reviews may trigger the need to amend processes or systems and train staff in appropriate responses and behaviour. This would dovetail with training proposals to cover issues such as RIPA and PACE.

AA.7 The policy is designed to ensure that Human Rights are protected and that the Council acts properly in all enforcement activity. There are no direct Section 17 Crime and Disorder Act 1998 implications, but the openness aspects of the policy are likely to reduce the risks to the public and staff from aggressive behaviour and effective enforcement contributes to a safer community.

AA.8 There are no resource implications arising from the Enforcement Policy other than requiring Departments to update their enforcement systems and procedures to comply with the policy. The Policy links directly to the Council’s mission, "to enhance the quality of life in this green and pleasant borough, now and for the future". The Policy also ensures that all of the Council’s enforcement activity will be equitable to all.

AA.9 The Executive

RECOMMENDS that:-

81. the Enforcement Policy attached to this report at Annexe 6 be adopted.

Background Papers (DoP&D)

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

BB. 2003/04 BORROWING LIMIT - LOCAL GOVERNMENT AND HOUSING ACT 1989, SECTION 45
[Wards Affected: All]

BB.1 In accordance with Section 45 of the Local Government and Housing Act 1989, the Council must determine an overall borrowing limit prior to the commencement of each financial year. The borrowing limit is the maximum amount that the Council can borrow from external sources. Within this overall borrowing limit, the Council must also determine a short-term borrowing (i.e. loans borrowed but repayable within one year) limit. The Act also requires the Council to determine a limit on the proportion of the total amount of interest payable by the Council which is at rates that can be varied by the lender.

BB.2 The Council became debt-free on 31st March 2001 and as a consequence no new borrowing is anticipated. However, it is prudent to provide a short-term borrowing limit for cash-flow purposes.

BB.3 It is, therefore, proposed that the overall borrowing limit be 5,000,000 for 2003/2004 and within this limit is the short-term borrowing limit of 5,000,000.

BB.4 If any borrowing for cash-flow purposes is necessary it will be short-term and at fixed interest rates. It is therefore proposed that there will be no limit on the amount of interest payable by Waverley, which is at a rate of interest that can be varied by the lender.

BB.5 Should it be necessary, the Council can change these limits at any time.

BB.6 Borrowing for short-term cash-flow purposes will not affect the Council’s debt-free status.

BB.7 The Executive

RECOMMENDS that:-

82. the overall maximum borrowing limit for 2003/2004 be determined at 5,000,000;

83. the maximum limit of short-term borrowing for 2003/2004 be determined at 5,000,000; and

84. for 2003/2004, there be no limit on the proportion of the total amount of interest payable by Waverley on short-term borrowings which is at a rate of interest which can be varied by the lender.

Background Papers (DoF)

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

CC. MEMBERS’ ALLOWANCES - REVIEW OF SCHEME
[Wards Affected: N/A]

CC.1 It will be recalled that a report on this subject was considered by the Executive at its meeting on 10th December 2002 following submission of the Independent Panel report, when it was agreed, inter alia, that the officers report further when the staff pay award is agreed, the Executive to then recommend the Council to adopt the current scheme (as amended) from 1st April 2003.

CC.2 At its meeting on 14th January, the Executive agreed that the 4% structured settlement reached with the staff representatives be approved with effect from 1st February 2003. The Executive has now given consideration to increasing Members’ allowances in line with the pay award, as shown in Annexe 8 to this report. This will be funded from the inflation provision for 2003/04.


CC.3 The Executive

RECOMMENDS that:-

85. Members’ Allowances be increased in line with the staff award for 2003, this to be funded from the inflation provision for 2003/04, with the addition of an allowance for the Chairman and Vice-Chairman of the Standards Committee and some minor rounding changes to figures.

Background Papers (CEx)

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

DD. REPORT OF THE LOCAL PLAN SPECIAL INTEREST GROUP ON THE AMENDED SUPPLEMENTARY PLANNING GUIDANCE FOR MILFORD HOSPITAL
[Wards Affected: Busbridge, Hambledon
and Hascombe, Godalming Wards, Witley]

DD.1 Milford Hospital lies in a rural area within the Metropolitan Green Belt about a mile and a quarter south of Godalming Town Centre. The site has been identified as a Major Development Site in the Waverley Borough Local Plan 2002.

DD.2 In November 2001, the Executive agreed that Supplementary Planning Guidance (SPG) be prepared for the site to guide its future development. It was agreed that the SPG should be prepared by Consultants acting for the current owner, the Secretary of State for Health, in co-operation with the Council’s officers. It was felt that this procedure represented the most cost-effective way of resolving the planning issues on the site. It also ensured that the Council would retain ownership and control of the policy planning process.

DD.3 At the meeting in December 2001, it was agreed that residents should be brought into the planning process at the earliest possible stage. In April 2002, a workshop was held with residents. Residents were invited to contribute their thoughts on the various points to be taken into account in the SPG. Residents were also given the opportunity of putting any further thoughts they had in writing.

DD.4 A draft document was prepared during the summer of 2002 and, following consideration by the Environment Overview and Scrutiny Committee, the Executive agreed, in August 2002, to publish the draft SPG as a basis for public consultation.

DD.5 The principal comments arising from the public consultation relate mainly to:-

Visual impact of the development

Number of dwelling units

Greater emphasis on affordable housing

Undesirable precedent

Preservation of playing fields and open areas

Protection of wildlife

Minimising traffic impact

Greater emphasis to cycling provision

Promotion of sustainable forms of construction

DD.6 The comments from Surrey County Council reflected many of the points that were raised through public consultation, and centred around the following main areas:-

Sustainability

Affordable/Key worker housing

Transportation – including cycling and walking links

DD.7 The Special Interest Group, which met on 21st January 2003, agreed that the majority of the points raised above were already covered in the draft SPG. However, it was necessary to amend the document in order to clarify and amplify the various matters and demonstrate that these and other suggestions had been taken into account since the consultation period. The final draft document is attached at Annexe 9 to this report.

DD.8 The Executive

RECOMMENDS that:-

86. the Supplementary Planning Guidance, attached at Annexe 9 to this report, be adopted.

Background Papers (DoE&L)

Representations resulting from public consultation.

EE. LAND OFF HORSHAM ROAD, ALFOLD
[Wards Affected: Alfold and Dunsfold;
Bramley; Cranleigh West]

Background

EE.1 The matter of legal action in relation to the above has been the subject of previous reports to the Executive, the most recent being an oral update to the meeting on 14th January (see Item R (page 113) of the Executive report to Council of that date).

EE.2 The Executive considered, in (Exempt) session, a further update report at its meeting on 4th February. The full report is contained at (Exempt) Annexe 11.

Outline of the current position regarding the planning application

EE.3 The report to the Eastern Area Development Control Sub-Committee on 3rd October 2001 gives reasons for the original recommendation to refuse the application for development of the site by the Fairhaven Group. The report is reproduced as Annexe 10 to this report for the information of Members.

EE.4 The Council, local residents and representatives of the current owners of the Dunsfold Aerodrome, the Rutland Group, (as third parties) attended the recent Public Inquiry and gave evidence opposed to the planning appeal by the Fairhaven Group of Showmen. Jointly, the representations were comprehensive, and the objections to the proposal were made clear. Local residents had instructed Counsel and themselves gave evidence in a comprehensive case detailing their concerns. Evidence for the Rutland Group addressed different issues, including need, and the lack of financial information relating to the alleged inability of the showmen to find or afford any alternative site.

EE.5 The Council’s case had been thoroughly prepared. Information from individual showmen became available for the first time during the week before the Inquiry by way of Court statements. None of the individual members of the group chose to give evidence at the Inquiry (although many did attend) but nevertheless the Council provided a schedule giving and comparing the information given by the showmen relating to the planning application, the planning appeal, and the court proceedings. The same schedule was provided to the Court during the hearing of the application to vary the Order.

EE.6 The Showmen were represented and their planning agent gave evidence. The Council made application for full costs of the Inquiry, or a partial award, based on the late submission by the appellant showmen of plans showing how access arrangements might be engineered.

EE.7 The Inspector indicated that he would report the matter to the Deputy Prime Minister during November last, and inquiries of the Office of the Deputy Prime Minister have since confirmed that the decision was received as indicated. Your officers have made repeated requests, against the backdrop of the legal proceedings, for the decision to be expedited to avoid further legal expenditure by either the Council or the showmen.

Current position regarding legal action

EE.8 Following the report in September on the Court proceedings, a transcript of the judgment of the Court on 14th October, when the order was varied to require departure by 14th January 2003, has now become available.

EE.9 Having taken account of the relevant precedent cases, and having given particular care to considering the human rights of the showmen in the circumstances, the deputy judge (Mr David Mackie, Q.C.) granted the order the Council had sought, requiring that the showmen leave the land, but, recognising the difficulty of removing immediately, allowed them three months in which to do so. He commented that

EE.10 The judge has subsequently expressed the view that the human rights and other considerations affecting the showmen (which they sought to argue justified their being allowed to remain until the planning decision was known), had been sufficiently considered in detail by his colleague in October.

Resource/environmental implications

EE.11 On 13th February 2002, the Council approved a supplementary estimate in the sum of 20,000 against the cost of possible urgent action being required as has since materialised. No payments were required in 2001/2002, and so the 20,000 remained as part of the General Fund Working Balance at 31st March 2002. To date, invoices for legal costs covering action authorised by Committee regarding this site amount to 20,802.

EE.12 Having considered this matter in detail, the Executive

RECOMMENDS that:-

87. the recommendations set out at (Exempt) Annexe 11 to this report be adopted.

Background Papers (CEx)

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

PART II – Matters reported in detail for the information of the Council

There are no matters falling within this category.

PART III – Brief summaries of other matters dealt with

Background Papers

The background papers to the following reports in Part III are as specified in the Agenda for the meeting of the Executive.

FF. FOUR MONTH ROLLING PROGRAMME
[Wards Affected: All]

The Executive has considered and approved the four month rolling programme of key decisions for Waverley.

GG. BUDGET MONITORING REPORT – 1ST APRIL TO 31ST DECEMBER 2002
[Wards Affected: N/A]

The Executive has agreed that the potential variations to the revised budget be noted.


HH. SERVICE PLANS AND PERFORMANCE TARGETS FOR 2003/04
[Wards Affected: N/A]

The Executive has considered a report on this matter and has received the comments of the three Overview and Scrutiny Committees. It has agreed that:-

1. the Council’s approach to service planning be noted; and

2. the comments of the Council’s Overview and Scrutiny Committees be noted and the performance targets for 2003/04 be approved as follows:-

(a) add a new Local PI on sick leave to exclude long term sickness;

(b) add a new PI on satisfaction levels with the new recycling service;

(c) Portfolio Holders be asked to look carefully at more appropriate local indicators; and

(d) the Environment Overview and Scrutiny Committee be requested to look at appropriate PI’s and targets and to indicate the clear benefits of any additional indicators as weighed against the resources involved in collecting these.

II. A REPORT ON REPORTS
[Wards Affected: N/A]

The Executive has considered a report on the need to review the production of reports to Committees. It has agreed that:-

1. the proposals contained in the report concerning a proposed new format for reports be approved, and that they be implemented as soon as possible, with associated guidance notes being prepared by relevant officers in the intervening period; and

2. all new Members in May 2003 be supplied with copies of policies in Waverley’s policy framework.

JJ. CRANLEIGH PARISH ELECTORAL REVIEW
[Wards Affected: Cranleigh East and Cranleigh West]

The Executive has considered an update report on the Cranleigh Parish Electoral Review and has agreed that:-

1. the Electoral Commission be informed of Waverley’s regret that the Commission would not consent to an order being made as a result of the Cranleigh Parish Electoral Review; and

2. Cranleigh Parish Council be informed of the decision of the Electoral Commission and it be suggested that it pursues this issue through the National Association of Local Councils.


KK. CRIMINAL RECORDS BUREAU – WAVERLEY POLICY ON THE RECRUITMENT OF EX-OFFENDERS
[Wards Affected: N/A]

The Executive has considered a report on a proposed policy in relation to the recruitment of ex-offenders and has agreed that the draft policy statement annexed to the report be adopted.

LL. REVISIONS TO THE COUNCIL’S ALLOCATIONS POLICY FOR HOUSING AS A CONSEQUENCE OF THE HOMELESSNESS ACT 2002
[Wards Affected: All]

The Executive has considered a report outlining proposed changes to the Council’s Housing Allocations Policy in order to comply with the provisions of the Homelessness Act 2002. It has agreed that:-

1. the requirements of the Homelessness Act in respect of Waverley’s Housing Allocation Policy be noted;

2. the Council continues to maintain a Housing Needs Register; and

3. the revised draft Allocations Policy be received and approved.

MM. PRIVATE SECTOR HOME IMPROVEMENT POLICY
[Wards Affected: All]

The Executive has considered a further report regarding this matter and has agreed that:-

1. the Home Improvement Policy annexed to the report be approved and that the policy be implemented as from 1st April 2003; and

2. the Council participates in the House Proud Scheme, in partnership with other authorities in South East England and with the Home Improvement Trust, the formal agreement to do so to take effect on the commencement date of the new policy referred to in 1 above.

NN. PROPOSED CHANGES TO THE TRANSFER GRANT SCHEME FOR HOUSING REVENUE ACCOUNT TENANTS
[Wards Affected: All]

The Executive has considered a report on this matter and has agreed that, with immediate effect, the Tenants Transfer Scheme be widened to include households seeking disabled adaptations and where their needs can be better met by way of a transfer to smaller accommodation, accommodation of the same size, or even larger, they be eligible for the maximum transfer grant prevailing at that time.

OO. TRAVEL CONCESSIONS (ELIGIBILITY) ACT 2002
[Wards Affected: All]

The Executive has noted a report on this matter and has agreed that the base revenue budget for Concessionary Fares in 2003/04 recognises the additional cost of the service to the Council and be set at 234,829.


PP. FRAMEWORK AGREEMENTS
[Wards Affected: N/A]

The Executive has considered a report which proposes a new method of procurement for specialist consultancy services to facilitate the repair, maintenance and refurbishment to the Council’s Housing Stock. It has agreed that:-

1. the principle of the framework agreement for the recruitment of consultant resources be approved;

2. the tendering exercise for the procurement be undertaken to achieve the most economically advantageous agreement for the Council; and

3. to enable the Council to accept the most economically advantageous bid, the proposals be exempt from the following Standing Orders (Contracts):-

(a) In the event that the advertisement does not attract the required number of appropriate consultants-S.O.105(3) (number of persons or bodies invited to tender);

(b) S.O.111(1) - Acceptance of tenders other than the lowest in price.

QQ. REPAIRS AND MAINTENANCE CONSULTANCY
[Wards Affected: N/A]

The Executive has considered a report on a proposal to appoint a consultancy to assist the Council in preparing its Housing Revenue Account Business Plan for submission to the Government this summer. It has agreed that:-

1. Standing Orders (Contracts) be waived in order that the consultants named in the (Exempt) Annexe to the report be appointed to assist in meeting the Decent Homes Standard as part of the 2003 HRA Business Plan submission; and

2. the fee proposal detailed in the (Exempt) Annexe be accepted.

RR. HINDHEAD SUPPLEMENTARY PLANNING GUIDANCE (SPG)
[Wards Affected: Hindhead]

The Executive has considered a report on this matter which updates the timetable and sets out the proposed Committee process for producing the SPG. It has agreed that:-

1. the revised Brief and timetable for the Hindhead Supplementary Planning Guidance (SPG) be approved, but that the Special Interest Group assigned to deal with the matter be asked to review early in its deliberations the proposed study area boundary; and

2. the Special Interest Group established to deal with the production of the SPG should include representation/consultation with the Members for Hindhead and Shottermill Wards.


SS. DRAFT REVISED SURREY STRUCTURE PLAN : DECEMBER 2002
[Wards Affected: All]

The Executive has considered a report on this matter which summarises the policy approach set out in the Deposit Draft. It has agreed to note this revised draft and to endorse the proposed officer comment to be made to Surrey County Council.

TT. RESPONSE TO THE GOVERNMENT’S “LIVING PLACES” CONSULTATION
[Wards Affected: All]

The Executive has considered a report setting out a proposed response to the Government’s consultation document “Living Places : Cleaner, Safer, Greener”. It has agreed that:-

1. Annexe 1 to the Agenda report be submitted as the basis of Waverley’s response to the consultation document; and

2. such response emphasises Waverley’s concerns about the inevitable resource implications arising from many of the options set out in the consultation document.

UU. DISTRICT AUDIT – ANNUAL AUDIT LETTER 2001/02
[Wards Affected: N/A]

The Executive has received and noted a report on this matter containing summary information only. (A full copy of the letter from the District Audit Service has been placed in the Members’ Room and is also available on the Member Zone within the Council’s intranet.)

VV. REPORT OF THE MEMBER/TENANTS’ SPECIAL INTEREST GROUP
[Wards Affected: N/A]

VV.1 The Executive has considered the report of the Member/Tenants’ Special Interest Group (SIG). It has noted reports on the following matters which did not require a decision by the Executive:-

(i) Tenants’ Panel Constitution and Code of Conduct;

(ii) Choice-Based Letting Systems and Allocation Policy Review;

(iii) Inspection Report on Best Value Review; and

(iv) Communal Television Aerials.

VV.2 The Executive has agreed action as follows in relation to those matters requiring a decision:-

1. That the Draft Policy Statement for tenants of Waverley Borough Council on Anti-Social Behaviour and Harassment, contained at Annexe 1 to the report, be endorsed ahead of the final consultation process with tenants through Waverley Homes, the Council’s newsletter for all tenants.

(N.B. The Community Overview and Scrutiny Committee will be able to comment on the Policy Statement at its meeting on 3rd March).

2. That, with regard to Repairs and Maintenance of Housing Revenue Stock, the programmes of work and budgets contained in the Annexes to the report be approved.

WW. CALL-IN ITEMS
[Wards Affected: All; All Farnham Wards]

The following matters, dealt with by the Executive at the January meeting, were the consideration of call-in at Overview and Scrutiny meetings on 3rd February, as follows. The observations of the respective Committees were reported to the Executive, and the decisions of the Executive are set out below each heading:-

Community Overview and Scrutiny Committee

(i) Housing Service : Equal Opportunities Monitoring

(ii) Housing Monitoring Reports

It was agreed to note the comments of the Committee and, in future, to route these monitoring reports through the Community Overview and Scrutiny Committees.

Corporate and Leisure Overview and Scrutiny Committee

East Street, Farnham

It was agreed, following the observations of the Corporate and Leisure Overview and Scrutiny Committee, that:-

1. the progress to date be noted and that a report including an updated project plan be circulated to all Members of the Council as soon as reasonably practicable;

2. the Director of Planning and Development, after consultation with the Portfolio Holder for East Street, be authorised to enter into an exclusivity agreement with Crest Nicholson and Sainsbury's Property Company for a period not exceeding six months;

3. if necessary, a Special Corporate and Leisure Overview and Scrutiny Committee, Executive meeting or meetings and Special Council meeting be held in March to consider the conditional contract;

4. the full report be circulated to all members of the Council to enable them to be kept briefed; and

5. the development brief be reaffirmed as the brief for the project and any proposals of any type for departures from, or enhancement to, the brief be reported to the Executive to be considered for recommendation to the Council, with a full cost benefit analysis of the proposals.


XX. EAST STREET, FARNHAM – PUBLIC CONSULTATION
[Wards Affected: All Farnham Wards]

The Executive has noted the officer report on this matter informing it that Crest Nicholson had produced a schedule of the consultation process and that all Members be encouraged to attend the Briefing on Tuesday, 11th February 2003.

YY. ACTION TAKEN SINCE LAST MEETING
[Wards Affected: N/A]

The Executive has noted that there were no decisions to report under this heading.


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