Apologies for absence were received from Councillor Knight.

RESOLVED that the minutes of the meeting held on 9 January 2023 (circulated previously) be approved as a correct record and signed by the Chair.

(Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting.  Interests must be re-declared when the item is called, and Councillors must leave the room if necessary).

The following declarations of interest were made:

Councillor Prowse, a non-registerable interest in Item 7, as he currently owned a second property that was empty.

Councillor Lofthouse, a non-registerable interest in Item 7, as he was a trustee for the Bridge Buildings trust which currently had a number of empty properties; and

Councillor Lane, a non-registerable interests in items 7 and 10 (Building Control services fees), as he was a property developer.

Report by Head of Planning, Housing and Health (attached).

The Committee considered a report by the Head of Planning, Housing and Health (circulated previously) regarding Temporary Accommodation and Homelessness update.

The Head of Planning, Housing and Health highlighted the following:

·         The purpose of this report was to firstly highlight the impact of the demand for the service offered by the housing team.

·         Secondly the opportunity to seek resilience by adding to the portfolio of properties owned by the Council.

·         The number of requests for help made to the housing team stood at just under 1500, from 1 April 2022 to 18 January 2023.  This number did not show the complexity of the nature of many of the types of cases presenting for help.

·         Of the 1500 requests for help 225 successful prevention outcomes had been achieved, 356 cases had had temporary accommodation provided by North Devon Council and 120 successful relief outcomes had been achieved.

·         Table 2 of the report detailed the reasons for people seeking help with accommodation.

·         Historically the main reason for threat of homelessness was a section 21 eviction notice, whereby the property owner required the property back and the eviction was through no fault of the tenants, this had been overtaken by Friends/Family unable to continue accommodating individuals within a household.

·         The correlation between this breakdown in households at a time of cost of living crises was significant and understandably had become the most prevalent reason for demand on housing services.

·         The Housing market was exceptionally challenging at present with housing officers having to use a range of prevention tools to try to keep tenants in their properties.

·         The request to amend the capital programme would allow the Council to extend the number of properties it owned.

·         The Council currently had 11 units of accommodation acquired since 2018.

·         Increasing the Council’s stock of temporary accommodation by a further 7 to 8 units, through capital investment of £2 million, would increase the capacity and resilience of the service during a time when demand was unlikely to fall.

In response to questions the Head of Planning, Housing and Health gave the following replies:

·         The Council had a number of schemes in place to help support people deal with increases in energy costs.

·         Demand on the service was likely to increase as a result of higher section 21 evictions as more property owners decided to pull out their investments.

·         The purchase of more modern buildings meant the maintenance liability of those properties could be a less costly upkeep.

·         In the hierarchy of advantageous solutions to the Council the top priority was owning housing stock of its own and the second was leasing properties, a stock of Bed and Breakfast accommodation would always be needed.

·         The Council would be reluctant to reduce the supply of new housing on developments by purchasing.  Those individuals on the housing register seeking affordable rental properties needed to be given the opportunity to be offered rental properties.

In response to questions, the Service Lead – Housing Advice and Homelessness advised that every approach made  ...  view the full minutes text for item 93.

Report by Director of Resources (attached).

Councillor Prowse re-declared his Non Registerable Interest and left the room during the consideration of this item.

The Committee considered a report by the Director of Resources (circulated previously) regarding Council Tax Discounts and Premiums.

The Director of Resources highlighted the following:

·       This report regarding Council tax discounts and premiums was presented on an annual basis.

·       Page 26 set out the current levels of discounts and premiums.

·       The changes were provided by the Levelling Up and Regeneration Bill (Bill 169 2022-23), which was currently making its way through the legislation process.

·       The changes within the Bill essentially fell into two distinct parts namely:

(a)  To bring forward the period from two years to one year when an unoccupied and substantially unfurnished dwelling (empty dwelling) could be charged a premium of 100%. All other empty dwelling premiums remain unchanged, namely:

Ø   A premium of 200% where a dwelling has remained empty for a period of 5 years or more;

Ø  A premium of 300% where a dwelling has remained empty for a period of 10 years or more; and

(b)  To enable the charging of a 100% premium for any dwellings which were:

Ø  No one’s sole or main residence; and

Ø  Substantially furnished.

·       Premiums were also introduced by Government in 2013 with a view to encouraging homeowners to occupy homes and not leave them vacant in the long term. Initially premiums could only be charged at 50% but legislation has now changed to allow a progressive charge to be made as follows:

Ø  Dwellings left unoccupied and substantially unfurnished for 2 years or more, up to 100%;

Ø  Dwellings left unoccupied and substantially unfurnished for 5 years or more, up to 200%; and

Ø  Dwellings left unoccupied and substantially unfurnished for 10 years or more, up to 300%.

·       Government, together with local authorities, had unfortunately seen a rise of in the number empty dwellings together with a growth in second homes. Inconsistencies in the legislation had also been identified whereby a premium could be avoided by the taxpayer merely furnishing an empty premises, when it would become a ‘second home’ which currently had a maximum charge of 100%.

·       Clauses within the Levelling Up and Regeneration Bill (Bill 169 2022-23) have been introduced in order to address the inconsistencies and also to bring more dwellings into use.

·       Changes to empty dwelling premiums:

Ø  Clause 72 (1) (b) of the Bill will permit billing authorities in England to impose an empty dwellings premium after one year instead of two. This gave effect to a commitment made by Government in the Levelling Up White Paper.

Ø  Clause 72 (1) (a) provides that billing authorities must have regard to any guidance issued by the Secretary of State when deciding whether to implement an empty dwellings premium and it is expected that the current guidance drafted by Government in 2013 will be updated. This change will come into effect from the 2024/25 financial year.

Ø  In addition, Clause 72 (2) of the Bill provides that  ...  view the full minutes text for item 94.

Report by Place Manager (Town Centres), (attached).

The Committee considered a report by the Place Manager (Town Centres) (circulated previously) regarding North Devon CCTV Hub Charges.

The Place Manager (Town Centres) highlighted the following:

·       The objectives of the CCTV hub were set out in the report at paragraph 4.1, namely:

Ø  To help reduce the fear of crime

Ø  To help deter crime

Ø  To help detect crime and provide evidential material for court proceedings

Ø  To assist in the overall management of Barnstaple Town Centre

Ø  To enhance community safety, assist in developing the economic well- being of the Barnstaple area and encourage greater use of the Town Centre

Ø  To assist the other Local Authority departments in their enforcement and regulatory functions within the Barnstaple area

Ø  To assist in traffic management

Ø  To assist in supporting civil proceedings which will help detect crime

·       The increase to fees was set out in paragraphs 4.14 to 4.16, namely:

Ø  In 2019 NDC set the monitoring cost at a rate of 40p per hour per camera. This cost was been calculated based on the actual current cost to NDC and is in line with other charges by other control rooms such as Tolvaddon. The monitoring cost it is proposed to increase by 5% for 2023/24,  in line with the Councils other fees and charges, and be set at a rate of 42p per hour per camera.

Ø  Conversations with other towns / parishes had shown that the option to pay a retainer to NDC for data transfer costs and the recordings reviewed if required (within the 28 day retention period) was preferred so there was a need to set a fee for that option. The proposed charges were a one off connection fee of £500 to get the 2 systems integrated and then a £100 per month retainer for the following service:  data to be transmitted to the hub where it would be recorded but only viewed by authorised personnel if an incident occurred and then deleted after 28 days if not required; and

Ø  The Service offer and associated costs were set out in the North Devon CCTV hub specification as shown at Appendix A.

In response to a question, the Director of Resources and Deputy Chief Executive advised the following: 

·       The original budget for 2022/23 included an estimate of the anticipated income to be received from the CCTV hub.  However, the current level of income was down on the original estimate due to timings of the implementation of the new hub and roll out of the new service.

·       The additional costs for employees in relation to enhancements for working during the evening and weekends had been omitted from the original base budget, however employees were already receiving the enhancement payments and the budget would be amended back to the correct level.

·       Other Councils had expressed an interest in using the hub services, which included South Molton Town Council.

·       Further information would be provided for Members on the anticipated level of uptake of the hub services.  ...  view the full minutes text for item 95.

Report by Director of Resources and Deputy Chief Executive (attached).

The Committee considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding Performance and Financial Management Quarter 3 of 2022/23.

The Accountancy Services Manager highlighted the following:

·       As at 31^st December 2022, the latest forecast net budget was £13,702,640, which produced a forecast budget surplus of £19,000. Details were shown in “Appendix A – Variations in the Revenue Budget”.

·       The original budget for 2022/23 included a forecast to achieve £250,000 worth of salary vacancy savings.  The current position forecasted that £452,000 savings would be achieved.  The additional £202,000 was due to timings of filling the capacity building posts throughout the year which were approved as part of the original 2022/23 budget.

·       Temporary Accommodation was under additional cost pressure due to the increase in homelessness cases; the in-year impact of this £250,000 forecast increase in costs had been mitigated by utilising balances from the Homelessness earmarked reserve.  Whilst this had alleviated the pressure this year, it did mean this one-off amount from the homelessness reserve could not be utilised for other homelessness initiatives.

·       Within the joint Building Control Services partnership with Mid Devon District Council there had been a decline in income and due to challenges in recruiting to vacant posts, an increase in the use of agency staffing costs which had negatively impacted the trading account.  Full Council had recently approved an 8% increase in the Building Control fees, this additional income would cover the additional staffing costs moving forwards and improve the Council’s ability to fill vacant posts. It was now being forecasted that there would be a net deficit for the Council of £33,000, this included utilising a £50,000 contribution from the Building Control reserve built up through prior year trading surpluses.

·       The largest variance within Appendix A was the £804,000 National pay award additional staffing costs over and above the £280,000 already built into the base budget; this was based on the offered pay award put forward to the Unions by the National Employers pay review body for the 2022-23 year. The pay award was accepted by the Union and its members and was backdated to 1^st April 2022 and paid to staff in December 2022. The pay award was based upon £1,925 per full time equivalent employee.

·       Other inflationary pressures built into the forecast included additional fuel costs across the Council’s fleet of £104,000 and additional energy costs of £63,000.  To date the Council had not included any further general supplies and services inflationary increases as we will endeavour to control and manage these in year through the existing budgetary framework.

·       The other significant in-year cost pressure that had not been included in the current figures yet was the award of costs claim in relation to the Yelland planning appeal; once this amount was known a report would be brought to Members detailing the award of costs amount and setting out how the Council would be funding this cost.

·       As at 31^st March 2022 the Collection Fund reserve  ...  view the full minutes text for item 96.

Report by Director of Resources and Deputy Chief Executive (attached).

The Committee considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding the Review of Fees and Charges for services 2023/24.

The Accountancy Services Manager highlighted the following:

·       The charges for the provision of services were reviewed annually in the context of policy guidance within the Medium Term Financial Strategy, and the recommended levels of increase to produce a target income level.

·       This year the guidance was to increase fees and charges by 5%, although some fees were set by statute and these would be set nationally. Other variations to the 5% increase were set out in paragraphs 4.3 to 4.9 of the report. Even though inflation was currently running much higher than the 5% increase the Council had tried to be prudent and fair in the fees charged and the impact this had on customers.

·       Full Council approved, at the January 2023 meeting, that Building Control Services fees should be raised by an average of 8% and rounded to the nearest pound, this was to ensure the revenue income recoups the actual cost of providing the service.  The already approved fees were shown within the table of charges at Appendix B.

·       Land Charges fees had been set to recoup the cost of providing the service, without changing the current fees the land charges service was still budgeted to recover all the costs and break even as shown at Appendix D.

·       There was one change to the Environmental Health fees, as the majority of these were set by Statute or set to recover costs. The only change was the introduction of a £110 fee (+VAT) for Food Business Operator requested Food Hygiene revisit as shown at Appendix E.

·       After a discussion with the Crematorium Manager, a correction was required on the table of fees as shown at Appendix F.  The correction was to the following: “Fees to purchase the exclusive right of burial for 30 years which include the right to erect a memorial” the Columns “Fee” and cost to a North Devon resident were both £0. 

·       Pannier Market – Due to the refurbishment works underway in the Pannier Market this financial year as part of the Future High Streets Fund project and the inevitable disruption to the operation of the market, the proposal was to not increase the charges for traders for 2023/24 year as shown at Appendix H.

·       Bulky Waste – To increase the fees as follows:

Ø  Up to 2 items £23.00 (27.78% increase)

Ø  Up to 3 items £31.00 (19.23% increase)

Ø  Up to 4 items £38.00 (15.15% increase).

·       The above increases bring North Devon Council prices in line with neighbouring authorities and allowed for the recommended 5% increase for 2023-24 as detailed at Appendix I.

·       Full Council approved at its November 2022 meeting to increase the Garden Waste charge for 2023-24 to £55 per bin. A revised costing of providing the service, taking into account current year and estimated inflation for 2023-24 was indicating that the service cost was now  ...  view the full minutes text for item 97.

Report by Director of Resources and Deputy Chief Executive (attached).

The Committee considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding the Revenue Budget 2023-24, Capital Programme and Medium Term Financial Strategy 2023-24 to 2028-29.

The Director of Resources and Deputy Chief Executive gave the Committee a presentation, which included the following highlights:

·       Funding levels to Local Authorities from 2012/13 to 2023/24.

·       Finance Settlement – core spending power of 9.2% and analysis.

·       As a Shire District the Council’s actual core spending power was on average only at 5%.

·       The spending power varied according to region and the overall national level of 9.2% equivalent for the South West was 8.8%.

·       Central Government had run a finance settlement consultation, closed 16 January 2023.  Appendix F of the report showed the response our Council had made in relation to this consultation.

·       The draft budget was assuming an increase of 2.99% on Council Tax.

·        Retained growth on Business rates of around £2 million.

·       The challenges to the budget came from reduced grant funding from Government, reduced workforce levels since 2010 and the uncertainty of the future Local Government Funding.

·       Inflationary pressures on the budget came from increased staff pay, increased energy prices, rising fuel prices and increased costs of external contracts.

·       There had been two earlier budget workshops with Members and a full report to Council in November 2022 to approve options identified to draft the refreshed Medium Term Financial Strategy.

·       Bridging the gap in the budget as follows (as detailed in section 4.1.2.14 of the report):

·       Positive feedback received from Parishes and Town Councils in taking on responsibility for  public conveniences.  This was being assumed as a revenue saving in the 2023/24 budget.

·       A breakdown in how the split of Council Tax was shared out and to whom showed that this Council received 10% of collected council tax for services such as refuse collections, kerbside recycling, housing, planning, street cleaning and leisure.

·       Green Lanes Shopping Centre financials update showed performance was in line with the budgeted position for 2022/23 and the cash flow was in line with forecasts for 2023/24.

·       Appendix A of the report detailed the Council’s summary budget for 2023/24.  The net budget for 2023/24 was £14.766 million.

·       Appendix B of the report detailed the recommended level of strategic grants for 2023/24.

·       Assumptions and risks had been detailed within the budget report.

·       Appendix C of the report detailed reserves held.  The General fund balance was £1.211 million, which  ...  view the full minutes text for item 98.

RESOLVED that it being 12:15 pm the meeting be adjourned for a comfort break.

RESOLVED that is being 12:21 pm the meeting be reconvened.

Report by Director of Resources and Deputy Chief Executive (attached).

The Committee considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding Treasury Management Strategy Statement 2023/24.

The Head of Governance gave the Committee the following highlights:

·       Section 5.2 showed a table detailing the projected Capital Financing Requirement (CFR) for the Council.

·       The Council was asked to approve the CFR projections below:

·       Appendix A of the report detailed the Treasury Management Practice adhered to by the Council.

RECOMMENDED that Council approve:

(a)  The Treasury Management Strategy Statement, Minimum Revenue Provision Policy Statement and Annual Investment Statement 2023/24, including the Treasury Management and Prudential Indicators for 2023/24 to 2025/26; and

(b)  The updated Treasury Management Practices as detailed in Appendix A of the report.

Report by Director of Resources and Deputy Chief Executive (attached).

The Committee considered a report by the Director of Resources and Deputy Chief Executive (circulated previously) regarding the 10 Year Capital Strategy 2023 to 2033.

The Head of Governance presented the key highlights from the report to the Committee.

RECOMMENDED that the Capital Strategy 2023/24 to 2032/33 be approved.

Report by Lead Officer, Food, Health and Safety Advisor (attached).

The Committee considered a report by the Lead Officer, Food, Health and Safety/Health and Safety Advisor (circulated previously) regarding the Food Safety Service plan 2023/24.

The Lead Officer, Food, Health and Safety/Health and Safety Advisor highlighted the following:

·       Due to the Covid-19 pandemic, there had been a gap in the Service Plans for the Food, Health and Safety Team.

·       The Food Standards Agency had recognised this interruption to normal duties and had implemented a recovery plan.

·       A correction to section 1.2 was required.  The last sentence of the paragraph should read, “This report presents the Food Safety Service Plan for the remainder of this year 2022-23 and for 2023-24.”

·       Appendix A of the report detailed the Food Safety Service Plan 2023-2024.

RESOLVED that the Food Safety Service Plan 2023 – 24, as detailed in Appendix A of the report, be approved.

Report by Parks, Leisure and Open Space Officer (attached).

The Committee considered a report by the Parks, Leisure and Open Space officer (circulated previously) regarding Approval and Release of S106 Public Open Space funds – Berrynarbor.

The Chief Executive highlighted the following:

·         This funding was for the creation of a Boulodromes at the Recreation Field, Pitt Lane, Berrynarbor.

·         The Parish Council were creating this area for games such as Boules and Petanque to be played by members of the community free of charge.

RESOLVED:

(a)  That £3,359 be allocated to Berrynarbor Parish Council towards the construction of a Boulodromes at the Recreation Field, Pitt Hill, Berrynarbor.

RECOMMENDED:

(b)  That the capital programme be varied by £3,359 and that funds be released subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor and Monitoring Officer, for external projects.

Report by Chief Executive (attached).

The Committee considered a report by the Chief Executive (circulated previously) regarding the Cattle Market Toilets, Barnstaple.

The Chief Executive highlighted the following:

·       This was a review of the situation at the Cattle Market toilets; due to anti-social behaviour, an urgent decision had been taken towards the end of 2022 to close the facilities on a temporary basis.

·       Enquiries had been made with the relevant agencies and officers seeking views on further extending the closure as well as the impact of the recent closures.

·       Barnstaple Town Council had reported there was an increase in issues of anti-social behaviour at the Rock Park toilets which indicated a possible transference of the problems.

·       The Drug Advisory Service had advised that there was evidence of drug paraphernalia in the alleys and walkways towards Commercial Road and the river.

·       Town Centre traders in the vicinity had reported a much improved situation with reduced anti social behaviour and criminal activity.

·       Whilst it was not ideal closing a town centre toilet facility to the public the closure seemed to be successful.

·       If the Cattle Market toilets were to be reopened now then the Anti-Social Behaviour team felt the drug associated activities would resume.

RESOLVED that subject to comments from officers and agencies, the cattle market toilets, Barnstaple remain closed until the Easter school holidays 2023.

Lead Member for the Environment to update.

Councillor Pearson did not provide an update on the Environment this would be given at a future meeting.

To note the urgent decisions that have been made by the Chief Executive in accordance with paragraph 3.45, Annexe 2, Part 3 of the Constitution (attached).

The Committee noted the urgent decisions that had been made by the Chief Executive in accordance with paragraph 3.45, Annex 2, part 3 of the Constitution (circulated previously) regarding Homes for Ukraine Host payments and temporary closure of the Cattle Market toilets.