Agenda and minutes

Anna Goodall requested a nomination for Chairman of the Overview and Scrutiny Panel. It was proposed by Councillor Owen, seconded by Councillor Sam Clark and resolved that Councillor Boden be elected Chairman of the Overview and Scrutiny Panel for the Municipal Year.

It was proposed by Councillor Owen, seconded by Councillor Sam Clark and resolved that Councillor Humphrey be elected as Vice-Chairman of Overview and Scrutiny Panel for the Municipal Year.

To confirm and sign the minutes of the meeting of 2 May 2018.

The minutes of the meeting 2 May 2018 were confirmed and signed subject to the following comments;

·         Councillor Boden highlighted on page 6 of the Agenda Pack point 2; he had asked if these offices were fulfilling their purpose as incubator units for businesses or are firms locating to them permanently.

·         Councillor Boden asked that on page 7 of the Agenda Pack the statement in bold the word ’comment’ be replaced with ’recommendation’ as this was agreed unanimously by the Committee.

·         Councillor Booth said that on page 4 of the Agenda Pack point 8; he had asked if the GRANTfinder software was the same software the Council had previously used and asked that the word ’eradicated’ be replaced with ’decommissioned’.

·          Councillor Booth asked if the word ’oppose’ could be replaced with ’opposed’ on page 6 of the Agenda pack point 7.

·         Councillor Booth highlighted that on page 6 of the Agenda Pack point 9; members had asked for statistics relating to other sectors and wanted this noting as an action point

To update Overview and Scrutiny on the Shared Planning Service with Peterborough City Council since it was implemented in Autumn 2015.

Councillor Boden thanked officers for the report and welcomed Councillor Hiller from Peterborough City Council (Cabinet member for Growth, Planning, Housing and Economic Development) and Councillor Mrs Laws.

Members asked questions, made comments and received responses as follows;

1.    Councillor Owen said following a discussion with Nick Harding a few days ago, he had discovered that only two officers are currently shared with Peterborough City Council. He believed that originally, more officers would be shared and asked for further information about this. Nick Harding clarified that the current arrangement is that he and another officer are shared with Peterborough City Council, however Fenland District Council and Peterborough City Council are able to purchase specialist services from each other, such as planning policy support, Conservation Officer expertise and assistance with Section 106 management and viability. He added that when the shared service started, it had been agreed to consider a single-support service and highlighted that this is shown in the report.

2.    Councillor Boden asked for an estimate of how much has been charged for these services by the two Councils. Nick Harding apologised as he did not have the current year’s figures, however agreed to circulate to members the costs for the last financial year. He explained that charges made to the Council are at cost, so therefore no profit is made from the arrangement.

3.    Councillor Booth said there was no mention of potential savings in the report and asked Nick Harding if the Council is on budget to achieve the projected savings. Nick Harding said yes as nothing has changed in respect of the shared officers and so these savings are still being delivered; however he did highlight that as time progresses the landscape in both Fenland and Peterborough has changed since the shared service started and so from a budget point of view a like for like comparison cannot be made any longer.

4.    Councillor Boden asked if the information relating to the shared-service arrangements noted in 5.1 and 5.2 of the report, could be circulated to all members along with the financial costs. Nick Harding agreed to this.

5.    Councillor Owen stated that members had previously received periodic updates showing staff changes in the Planning team however these had not been circulated for some time. Carol Pilson confirmed that members are now only informed of staff changes at Head of Service level and above. Councillor Booth confirmed that members had previously been updated on all staff joining and leaving the Council. Carol Pilson confirmed this had been the case but members are now only updated on staff changes Head of Service level and above but did agree to reconsider this.

6.    Councillor Owen stated that he preferred to deal with staff at an operational level when asking for information. Councillor Mrs Laws said she had circulated the Planning Committees contact details to members and highlighted that case officer’s details are available on the website for specific planning applications. Councillor Owen agreed to look on the website  ...  view the full minutes text for item OSC/4/18

To consider a draft Housing Enforcement Policy to inform the final version being considered by Full Council in July.

Members considered the Housing Enforcement Policy report, presented by Councillor Mrs Laws.

Members asked questions, made comments and received responses as follows;

1.    Councillor Boden thanked Councillor Mrs Laws and said the report has a slightly negative bias, which is understandable given the subject matter, however suggested the policy may benefit from providing information on the Council’s PIE policy (Prevention, Intervention and Enforcement). He said the policy would also benefit from an index or table of contents in order to make it more user-friendly.

2.    Councillor Booth asked in relation to point 5.5 in the report, what experience Amber Valley had had of the policy and how many times they had used the enforcement process. Sarah Gove said there were very few examples of this policy being used, with Amber Valley Council being one of them. The policy there has been well received however she agreed to provide members with further information on this.

3.    Councillor Booth asked if feedback had been received from Amber Valley Council. Sarah Gove agreed to provide that information and said officers had liked the staged approach Amber Valley Council had taken in enforcing the policy.

4.    Councillor Boden said 26.2 mentions vulnerable tenants and uses the example of tenants with pre-school children in the household. He asked officers if this was the best example of vulnerable tenants as he believes this is too wide a description. Sarah Gove said officers will assess individual cases and agreed to remove this example.

5.    Councillor Booth asked if there was a requirement for tenants to put all communications in writing as this seems outdated as most tenants will liaise with managing agents and landlords via phone. Sarah Gove confirmed that when a report for repair is made, proof of communication is requested therefore putting issues in writing allows an audit trail of correspondence.

6.    Councillor Count said in relation to point 26.1 in the report, it is best practice for tenants to put into writing any complaints or issues as it provides a record.

7.    In relation to point 26.2, Councillor Owen asked if it was necessary to have a further exception for individuals whose first language is not English. Sarah Gove reiterated that assessments will be carried out on a case-by-case basis and if there were concerns regarding a communication barrier between a tenant and landlord, this would be dealt with.

8.    Richard Cassidy thanked members for highlighting this as if the examples are too broad, they are open to abuse. He agreed to review the wording and said examples will still be included but not so definitively. He also clarified that correspondence in writing is for evidential purposes as it can be used if a case was to go to Court. Councillor Booth asked if phone records can be used as evidence of contact. Richard Cassidy confirmed that anything written, either electronically or hard copy can be used as a record.

9.    Councillor Hodgson asked if the e-mail address in the report was available for  ...  view the full minutes text for item OSC/5/18

To consider a draft Corporate Enforcement Policy to inform the final version being considered by Full Council in July.

Members considered the Corporate Enforcement Policy report, presented by Councillor Mrs Laws.

Members asked questions, made comments and received responses as follows;

1.    Councillor Boden thanked officers for the report and said it was very useful to have the amendments shown as track changes. He referred to point 2.2 of Appendix A of the report and asked that printed format should still be provided where necessary. Richard Cassidy agreed to this.

2.    Councillor Owen asked for further information on the protected groups listed on page 61 of the Agenda Pack and why these must be included in the report. Sarah Gove confirmed that these fall under the Equality Act and Richard Cassidy clarified that the Council must demonstrate that they have considered and protected these individual’s rights under the Equality Act.  

3.    Councillor Boden asked officers to amend the wording on page 56 of the Agenda Pack relating to Statutory Notices as ’any other justifiable reason’ is too broad and could be open to abuse. Richard Cassidy explained that by including this phrase, it covers any examples that may not have been listed. Councillor Booth agreed with the wording as it prevents the policy being bought back to Council to amend in the future. Councillor Count suggested the wording be amended to ‘any other deemed breech to which the Statutory Notice applies’. Richard Cassidy agreed to consider this however ‘justifiable’ needs to be included in the event of a Court case.

4.    Councillor Boden asked for clarification on page 57 of the Agenda Pack. Richard Cassidy confirmed that the top section titled ’Any other justifiable reason’ should be a separate note and agreed to look at the formatting.

5.    Councillor Booth asked if the Public Space Protection Order (PSPO) in Wisbech needs to be added to 3.1 of Appendix A. Richard Cassidy said the list was not exhaustive as legislation changes constantly hence why the examples given are generalised.

6.    Councillor Count reiterated the usefulness of public consultation feedback prior to the Committee. He asked if the charges associated to Statutory Notices on 2.3 of Appendix A, could be applied to any other areas in the Council. Richard Cassidy said this depends on legislation and generally the Council can recover any additional costs through the Courts once a Statutory Notice has been served. Councillor Count suggested that this plan should form part of the Council’s Corporate Strategy. Richard Cassidy agreed to consider this in the Corporate Plan next year.

7.    Councillor Count asked why there were no specified locations mentioned in point 3.1 of Appendix A. Richard Cassidy confirmed that the locations are not specified as this will allow the Council to make any amendments to where parking controls apply without having to amend the policy.

8.    Councillor Count asked if the wording could be changed in relation to the 5.5 of Appendix A. Richard Cassidy said guidance relating to this is set by the Home Office and the wording relates to the statutory meaning of Formal Cautions.

9.    Councillor  ...  view the full minutes text for item OSC/6/18

The Overview and Scrutiny Annual Report reflects what has been undertaken and achieved by the Overview and Scrutiny Committee during 2017/18 and takes a forward look at the programme of work and challenges for the Overview and Scrutiny in 2018/19.

Members considered the Draft Overview and Scrutiny Annual Report.

Members asked questions, made comments and received responses as follows;

1.    Councillor Boden thanked Councillor Yeulett, the previous Chairman of the Overview and Scrutiny Panel, for his work on the Committee which is reflected in the report.

2.    Councillor Booth asked that the format of the report is amended as there are errors. Anna Goodall agreed to this.

3.    Councillor Boden asked if a point could made in the report regarding public engagement as he is keen to include feedback from members of the public in future meetings. Anna Goodall agreed to add this.

4.    Councillor Booth agreed and asked if the Committee will decide on the items bought forward to the Committee as this will allow greater public transparency. Anna Goodall agreed however said members need to consider the political period next year and the impact this may have on items coming to the Panel. Councillor Count asked for clarification on Councillor Booth’s proposal. Councillor Booth said members of the Committee should get access to questions raised by the public and decide what is bought forward to meetings. Councillor Boden added that there will be a criteria in place for these items and they will be reported to the Committee anonymously. Councillor Count said he was happy for these items to be decided by the Chairman and members call-in process, as per the Constitution.

5.    Councillor Booth said the focus needs to be on wider public engagement. Councillor Count agreed but said there is a risk that the public will bring politically-motivated items to the Committee, therefore the process needs to be sufficient in deciding what is heard at Committee level.

6.    Councillor Boden suggested we proceed with the proposal and the Chairman and Vice-Chairman will report the level of comments received from members of the public, to the Committee.

To consider the Draft Work Programme 2017/18 for the Overview and Scrutiny Panel.

Members agreed the Future Work Programme 2018/19 for the Overview and Scrutiny Panel subject to the following comments;

?    The Public Engagement item is added to the Agenda for the meeting on 30 July 2018.

?    Councillor Booth asked if training for members could also be considered. Anna Goodall confirmed she would look into this. Councillor Boden suggested that officers provide ‘update’ training for current members, with full training planned for the start of the next Municipal Year.

?    Councillor Count asked if an item relating to benchmarking in relation to Corporate Spending, could be added to a future meeting date. Anna Goodall confirmed she would consider this.