Agenda, decisions and minutes

To approve as a correct record the Minutes of the meeting held on 18^th October 2012.

The Minutes of the meeting of the Cabinet held on 18th October 2012 were approved as a correct record and signed by the Chairman.

To receive from Members declarations as to disclosable pecuniary, non-disclosable pecuniary or non pecuniary interests in relation to any Agenda item. See Notes below.

No declarations were received.

To consider a report by the Head of Planning and Housing Strategy on the Houghton and Wyton Conservation Area Character Assessment and Boundary Review.

Hardcopies of the Area Character Assessment and Boundary Review have been circulated to Members of the Cabinet only.

Approved the contents of the Houghton and Wyton Conservation Area Character Assessment and Conservation Area Boundary Review.

(Councillor A Williams, local ward Member, was in attendance and spoke on this item).

Consideration was given to a report by the Head of Planning and Housing Strategy (a copy of which is appended in the Minute Book) outlining the responses received to the consultation on the Character Assessment and Boundary Review for the Houghton and Wyton Conservation Area and suggested amendments as a consequence thereof.  The report had been presented to the Overview and Scrutiny Panel (Environmental Well-Being) whose comments were relayed to the Cabinet.

In reviewing the issues involved, the Cabinet considered a suggestion by Councillor Williams and the Panel that Area 2 of the map at Appendix 4 should be included in the Conservation Area.  It was explained that an appraisal indicated that this area did not meet the Conservation Area criteria.  The Managing Director (Communities, Partnerships and Projects) added that it was best practice to keep boundaries under review. In that respect, the Executive Councillor for Strategic Planning & Housing reassured Members that this was always the case for all conservation areas.

Having congratulated officers on the quality and high standard of the documents, the Cabinet

RESOLVED

  that the Houghton and Wyton Conservation Area Character Assessment and Conservation Area Boundary Review, as appended to the report now submitted, be approved.

To consider the report of the Overview and Scrutiny Panel (Environmental Well-Being).

  Agreed that the need for community led growth in rural villages to contribute towards their sustainability be considered within the new Local Plan; requested that definition of green field and brown field sites be constantly applied; agreed to include in the new Local Plan reference to the National Planning Policy Framework’s principles relating to the rural economy and agricultural land and requested that further investigations be undertaken into the Council’s procedure for analysing and dealing with applications where agriculture is a factor and a report on the outcome submitted to the Development Management Panel.

With the assistance of a report by the Overview and Scrutiny Panel (Environmental Well-Being) (a copy of which is appended in the Minute Book) the Cabinet were acquainted with the findings of the Panel’s study into how agriculture and its environmental work was reflected in the Council’s policy framework.  The Panel had formed the view that the importance of rural areas on agriculture should be reflected to a greater extent in the Council’s Planning Policy Framework.

In considering the information contained in the report, the Cabinet

RESOLVED

  (a)  that the need for community led growth in rural villages to contribute towards their sustainability be considered within the new Local Plan;

  (b)  that definition of green field and brown field sites be consistently applied;

  (c)  that reference to the National Planning Policy Framework’s principles relating to the rural economy and agricultural land be included in the new Local Plan; and

  (d)  that further investigations be undertaken into the Council’s procedure for analysing and dealing with applications where agriculture is a factor and a report on the outcome submitted to the Development Management Panel.

To consider a report by the Head of Legal and Democratic Services outlining proposed arrangements for the Council to deal with applications for listing community assets.

Delegated responsibility for receiving and processing applications to the Corporate Team Manager and the responsibility for determining whether an asset should be listed on the Register of Community Assets or not to a Panel of three appropriate Council Officers (who may be drawn from Planning and Housing Strategy, Environment and Community Services and Legal and Democratic Services supported by the Corporate Team), to be designated by Chief Officer Management Team; delegated the responsibility for determining reviews against listing of assets by the owners to the Head of Planning and Housing Strategy after consultation with the Head of Legal and Democratic Services (or their nominees) and the responsibility for putting in place appropriate arrangements for determining requests for compensation and any review requests to the Corporate Team Manager; and requested the Corporate Team Manager to put in place arrangements for publishing how applicable groups can go about making a nomination.

(Councillor T V Rogers, Chairman of the Overview and Scrutiny (Economic Panel), was in attendance and spoke on this item).

Consideration was given to a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) outlining the arrangements to deal with applications for listing community assets, as required under the Assets of Community Value (England) Regulations 2012.

Members were advised that the legislation had been introduced in September 2012, to assist local community groups in preserving those buildings or land which they consider to be important to the social well being of their communities.  Attention was drawn to the bodies which may make nominations, the proposed process for nominating an asset and the impact of land being listed when the owner wishes to dispose of the land.

The arrangements had been considered by the Overview and Scrutiny Panel (Economic Well-Being) whose comments were relayed to the Cabinet. Having requested clarification on those bodies which could make a nomination and asked whether a disposal would be exempt from the moratorium arrangements in the case of an individual or organisation being placed into administration, the Cabinet

RESOLVED

  (a)  that the responsibility for receiving and processing applications be delegated to the Corporate Team Manager;

  (b)  that responsibility for determining whether an asset should be listed on the Register of Community Assets or not be delegated to a Panel of three appropriate Council Officers (who may be drawn from Planning and Housing Strategy, Environment and Community Services and Legal and Democratic Services supported by the Corporate Team), to be designated by Chief Officer Management Team;

  (c)  that responsibility for determining reviews against listing of assets by the owners be delegated to the Head of Planning and Housing Strategy after consultation with the Head of Legal and Democratic Services (or their nominees);

  (d)  that responsibility for putting in place appropriate arrangements for determining requests for compensation and any review requests be delegated to the Corporate Team Manager; and

  (e)  that the Corporate Team Manager be requested to put in place arrangements for publishing how applicable groups can go about making a nomination.

To consider a report by the Head of Operations on Controlled Waste Regulations.

Agreed that the full cost of disposal be recovered by the Council from those non-domestic premises previously exempt under the 1992 Controlled Waste Regulations, except where they continue to be exempt under the County Council’s local policy

With the aid of a report by the Head of Operations (a copy of which is appended in the Minute Book) the Cabinet were acquainted with legislative changes affecting the disposal of waste from non-domestic premises, which had arisen from the Controlled Waste Regulations 2012.

Executive Councillors were advised that the 2012 Regulations give local authorities powers to charge for waste disposal from a wider range of non-domestic premises than the original 1992 Regulations allowed.  As a consequence the County Council, as the waste authority, had set a local policy which clarifies who will be required to pay and who will receive transitionary relief.  Members were advised that the District Council collected waste from a number of previously exempt premises and would now be charged by the County Council for the disposal of that waste. Members were assured that the majority of customers would still enjoy free disposal if they were Council customers prior to April 2012.

Having noted the views expressed by the Overview and Scrutiny Panel (Environmental Well-Being) on the changes, the Cabinet

RESOLVED

  that the full cost of disposal be recovered by the Council from those non-domestic premises previously exempt under the 1992 Controlled Waste Regulations, except where they continue to be exempt under the County Council’s local policy.

To consider a report by the Head of Operations detailing options for charging for a second recycling bin.

Approved in principle the introduction of a charge for a second green bin but that the timing of the implementation be delegated to the Managing Director (Communities, Partnerships and Projects) after consultation with the Executive Leader and the Executive Councillor for Environment and to be in association with a package of other savings measures to be decided no later than April 2013.

(Councillor T V Rogers, Chairman of the Overview and Scrutiny (Economic Panel), was in attendance and spoke on this item).

Pursuant to Minute No. 49, the Cabinet gave further consideration to the report of the Head of Operations (a copy of which is appended in the Minute Book) in light of comments made by the Overview and Scrutiny Panel (Economic Well-Being) on the proposal to introduce an annual charge of £40 for an additional green waste bin. The report had been considered previously by the Overview and Scrutiny Panel (Environmental Well-Being) who were of the opinion that the Council should not introduce a charge.

The Executive Councillor for Environment outlined the background to the proposal. He explained that the Council currently spends £1.3M on collecting green waste for which the Council does not receive any additional funding. Members’ attention was drawn to 13 authorities who charge between £15 and £140 per annum for the collection of a second green bin and to 6 authorities who charge for all their green waste collections.

Having regard to the set up cost of the proposals, the Executive Councillor for Environment explained that efforts had already been made to reduce the capital costs and that unwanted second bins would be removed from those households not wishing to take up the premium service. He added that whilst there may be an immediate reduction in the green waste collected, he would be surprised if the level of green waste is reduced in the medium term.

At the invitation of the Chairman, Councillor T V Rogers, Chairman of the Overview and Scrutiny Panel (Economic Well-Being) addressed the Cabinet.  Councillor Rogers explained that whilst the Panel supported a charge for a second green bin in principle they were of the opinion that it should be considered in the context of a range of other options for achieving budgetary savings. In that respect, he added that an informal meeting of the Panel had been arranged for 29^th November 2012 to discuss priority areas for savings.

Having reiterated that the Council was constantly reviewing all services to identify savings and that consideration would need to be given to a number of difficult budgetary decisions in the future, the Cabinet

RESOLVED

that the introduction of a charge for a second green bin be approved in principle but that the timing of the implementation be delegated to the Managing Director (Communities, Partnerships and Projects) after consultation with the Executive Leader and the Executive Councillor for Environment and to be in association with a package of other savings measures to be decided no later than April 2013.

To consider a report by the Head of Legal and Democratic Services seeking approval for a revised Statement of Principles.

Recommended to full Council that the Statement of Principles under Section 349 of the Gambling Act 2005 be approved with effect from 31st January 2013 for a period of three years

Further to Minute No. 06/117, consideration was given to a report by the Head of Legal and Democratic Services (a copy of which is appended in the Minute Book) to which was attached a revised Statement of Principles under the provisions of the Gambling Act 2005.  A report had been considered also by the Licensing Committee whose comments were relayed to the Council.

Having noted that the updated statement had been the subject of a consultation exercise with interested bodies, the Cabinet

RESOLVED

  that full Council be recommended to approve the Statement of Principles under Section 349 of the Gambling Act 2005, appended to the report now submitted, with effect from 31st January 2013 for a period of three years.

The Executive Leader to propose a variation to the membership of the Huntingdonshire Area Road Safety Committee.

Appointed Councillor Hyams to replace Councillor Akthar on the Huntingdonshire Area Joint Road Safety Committee.

RESOLVED

  that Councillor C R Hyams be appointed to replace Councillor S Akthar on the Huntingdonshire Traffic Management Area Joint Committee.