To receive apologies for absence

There were no apologies at this meeting.

To confirm the minutes of the cabinet meeting held on 8 September 2011 (attached).

The minutes of the cabinet meeting on 8 September 2011 were agreed and confirmed as an accurate record of that meeting.

The chairman to identify any items of urgent business

No items of urgent business were considered at this meeting.

To receive any declarations of interest in any matter to be discussed at the meeting.  Members and officers are requested to identify the nature of the interest and indicate whether the matter is personal or prejudicial

The following declarations of interest were made at the meeting: -

As Gloucestershire County Council representative for the Severn Estuary Partnership, Councillor Martin Quaile, Cabinet Member for Environment, declared a personal interest in item 18 of the agenda, Commercial Leases – Beachley Slipway.

To consider the attached copy of the cabinet forward plan and to agree any changes.

Subject to the following changes, the cabinet forward plan was noted and agreed: -

a.      Cinderford Area Action Plan, (Land Assembly), to be considered at the December 2011 and not the November meeting to allow more time to engage with the community.

b.      An update on the Single Status Project to be considered at the January 2012 meeting.

c.      A report on the Benefit Services Partnership to be considered at the January 2012 meeting.

d.      A report relating to Photovoltaic Roof Panels to be considered at the cabinet meeting in November 2011.

Leader of the Council, Councillor Patrick Molyneux, announced that Cabinet Member for Strategic Partnerships and Special Projects, Councillor Diana Edwards, would be considering the implications of the Localism Bill 2010/11 and preparing the council’s first response to this significant item of work. Councillor Molyneux said that Councillor Gethyn Davies, acting as Localism Champion, would assist Councillor Edwards in engaging with town and parish councils and with the local community.

Councillor Edwards informed members that work had already commenced on the project and that a forum had been arranged for Thursday 1 December 2011, the details of which would be confirmed in due course.

To consider questions from members of the public in accordance with the ‘Protocol for Public Questions at Cabinet Meetings’. For guidance on how to submit questions, please refer to the council’s website www.fdean.gov.uk. Alternatively, please contact Democratic Services on 01594 812625 or email democratic.services@fdean.gov.uk. All questions must be submitted in writing at least two working days prior to the meeting.

No public questions were submitted for consideration at this meeting.

Leader of the Council, Councillor Patrick Molyneux, to invite non-executive members of the council to refer questions to cabinet. (A maximum of 15 minutes will be allocated to each meeting for consideration of member questions). Each question must relate to an item on the agenda and not to confidential, personal or any other information where the law requires the council to consider the matter in private.

To assist in providing a complete answer, members are requested to submit questions to Democratic Services at least two working days before the meeting, either by email or in writing. Questions will be considered in the order of the agenda and at the discretion of the Leader of the Council.

Leader of the Council, Councillor Patrick Molyneux, reminded everyone that at the cabinet meeting in July he had requested members of the council to submit any questions on or before the Monday afternoon prior to each cabinet meeting. (He said that this would ensure that a full answer could be provided). The Leader said that no questions had been submitted for consideration at this meeting, but that he intended to consider questions relating to items of interest, as and when such items appeared on the agenda.

To consider report LD.373 and recommendations from the Strategic Overview and Scrutiny Committee meeting on 28 September 2011, following the call-in of the cabinet decision relating to the management of council owned car parks in the Forest of Dean.

Group Manager for Legal, Democratic and Human Resources, Marie Rosenthal, outlined the cabinet decision call-in process, (as defined in Part IV of the Council’s Constitution). The Group Manager informed the meeting that, following a call-in of the cabinet decision relating to item 11 of the cabinet meeting on 8 September 2011, (Management of Parking), the decision was considered by the Strategic Overview and Scrutiny Committee at a special meeting on 28 September 2011. (The call in of the decision was due to an alleged breach of the council’s corporate priority in, ‘encouraging a thriving economy by supporting local businesses and attracting investment to create and sustain good quality local jobs and by supporting tourism to increase spending in the district’).

At the call-in meeting, the Strategic Overview and Scrutiny Committee resolved that, ‘The Strategic Overview and Scrutiny Committee have concerns regarding the cabinet's decision to introduce car park charging, and recommend that the proposals be referred back to the Cabinet and that a full scrutiny of the detail of car park charging be undertaken as a matter of urgency. Group Manager for Legal, Democratic and Human Resources, Marie Rosenthal, advised members that, under constitution rules, when cabinet reconsidered its decision following a scrutiny committee call-in, it is able to reaffirm and implement the original decision.

Before considering the proposals, the Leader of the Council invited Chairman of the Strategic Overview and Scrutiny Committee, Councillor Philip Burford, to comment on the scrutiny committee recommendations. Councillor Burford said that a significant amount of work had been involved in the call-in process and that, if acceptable to cabinet, the next stage would be to arrange a series of meetings, including a full day event, followed by a report to both the cabinet and full council meetings in December. Councillor Burford reminded members that it would be necessary for the scrutiny committee to meet the recommended timescales whilst looking at the options available to the council in more detail.

Cabinet Member for Efficient Council, Councillor Brian Robinson, referred to the full debate that had taken place at the council meeting on 6 October 2011 and to the large petition that had been presented at the same meeting. Welcoming the work that had taken place following the call in process and the level of interest from members of public, Councillor Robinson announced that the cabinet meeting on 8 December 2011 would now take place at 10 am on 16 December 2011. He said that the proposed change of date would enable cabinet to take into consideration all points of view, including the debate from the full council meeting the evening before.

Councillor Robinson highlighted the importance of the council progressing the work involved in introducing a car parking management scheme in July 2012. He said that, whilst welcoming the scrutiny process, it would be necessary for the council to introduce planned steps towards implementing the scheme, including assessing what funding options were available and discussing the proposals with local retailers and other interested  ...  view the full minutes text for item 8.

To consider report LD.374 and recommendations from the Strategic Overview and Scrutiny Committee meeting on 3 October 2011, following the call-in of the cabinet decision relating to the approval of a local lettings agreement for new housing development at Higher Lydney.

At the cabinet meeting on 8 September 2011, cabinet resolved to adopt the Higher Lydney Local Lettings Plan, as set out in Annex A of report PH.78. 

Following the call-in of this decision, on 9 September 2011, to enable closer examination of the impact of the proposed changes on local people, the cabinet decision was considered by the Strategic Overview and Scrutiny Committee at a special meeting on 3 October 2011.

At the call in meeting, the Strategic Overview and Scrutiny Committee resolved to, ‘Endorse the cabinet decision of 8 September 2011 to, ‘adopt the Bromford Housing Letting Scheme for the initial development at Higher Lydney for 61 affordable houses but recommended that the scheme should be brought to the Cabinet Housing Policy Group and to the Strategic Overview and Scrutiny Committee for additional examination before being applied to future lettings developments.

Chairman of the Overview and Scrutiny Committee, Councillor Philip Burford, said that the call in process had been a much shorter assessment than the call in of the cabinet decision relating to the management of parking and that it had been quite evident from the outset that the committee would endorse the cabinet decision to enable the housing development to progress as quickly as possible. In spite of this, several concerns had emerged during the meeting, whereby the committee had resolved that, once the initial allocation of housing was complete, it would be important for the scrutiny committee to examine the scheme before being applied to future letting developments. It was hoped the gap in the timetable for the scheme would allow this assessment to take place.

Councillor Di Martin said that she believed the call in process had provided a fair and unanimous decision. She also said that the establishment of a Housing Policy Cabinet Support Group, (considered under item 10 of the agenda), would assist in providing the best possible outcome for all concerned. Leader of the Council, Councillor Patrick Molyneux, referred to the recent formation of the Shadow Cabinet and suggested that this additional review of cabinet policies would also assist with the review process. 

Cabinet noted the report and,

RESOLVED to,

a)     Agree the recommendations from the Strategic Overview and Scrutiny Committee meeting on 3 October 2011 and,

b)     Endorse the cabinet decision made at the cabinet meeting on 8 September 2011, to adopt the Bromford Housing Letting Scheme for the initial development at Higher Lydney for 61 affordable houses, and

c)      Agree that the scheme be referred to the Cabinet Housing Policy Group and to the Strategic Overview and Scrutiny Committee for additional examination before being applied to future letting developments

Councillor Terry Hale, Cabinet Member for Community, to present report PH.86. Cabinet to consider the establishment of a cabinet support group to consider the council’s housing policy and housing related issues.

Councillor Terry Hale, Cabinet Member for Community, presented report PH.86 and requested that cabinet consider the establishment of a cabinet support group to assist in the council’s development of housing policies and strategies for the provision of homes in the Forest of Dean. Outlining the draft terms of reference, Councillor Hale said that the first meeting of the support group would be held at 4 pm on Wednesday 19 October 2011 for the group to consider and agree the draft terms of reference and to form a work plan.

Cabinet agreed the recommendations, and

RESOLVED to,

a)     Establish a cabinet support group, as detailed in section 3 of report PH.86,

b)     Agree the draft terms of reference for the Housing Policy Cabinet Support Group

c)      Invite individual members to provide assistance and support to cabinet members in relation to specific projects

Cabinet to consider adoption of the council’s Information Security Policy and Procedures. Leader of the Council, Councillor Patrick Molyneux, to present report LD.375.

Leader of the Council, Councillor Patrick Molyneux, presented report LD.375, seeking adoption of the council’s Information Security Policy and Procedures. The Leader reminded cabinet that this report had been withdrawn from the September cabinet meeting to clarify which aspects of the policy related to staff and which related to members.

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, referred to the recommendation on page 93 of the agenda and questioned whether the policy was likely to change significantly in the future. Informed that the policy might be subject to changes to the council’s Code of Connection, Councillor Robinson suggested that a report be brought back to cabinet as and when such changes arose.

Group Manager for Legal, Democratic and Human Resources, Marie Rosenthal, reminded members that an all-member training event would be held at 6pm on Thursday 24 November 2011 to consider Data Protection.  Report LD.375 was noted and cabinet,

RESOLVED to adopt the new Information Security Policy with effect from 1 November 2011, subject to the policy being brought back to cabinet in response to government changes to the council’s Code of Connection.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to seek approval of the following policy documents: -

The following policies were considered at the Staff Joint Consultative Panel meeting on 21 July 2011 and after consultation with trade unions. Cabinet Member for Efficient Council and Planning Policy, Councillor Brian Robinson, informed cabinet that whilst the policies had no financial implications, they could have an operational impact.

To consider report LD.376

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, presented report LD.376, detailing the council’s revised maternity policy in response to new legislation on maternity, paternity and parents’ rights. The report was noted and cabinet,

RESOLVED to approve report LD.376 and adopt the council’s new maternity policy across the council

To consider report LD.377

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, presented report LD.377, detailing the council’s revised adoption policy following significant changes to legislation on the child adoption process. The report was noted and cabinet,

RESOLVED to approve report LD.377 and implement the council’s new adoption policy across the council

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report CSW.15, seeking to release funds for the purchase of computer software for the processing of garden waste collection payment fees.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report CSW.15, seeking cabinet approval for the release of funds to purchase computer software for the processing of on line payments. Councillor Robinson referred to the cabinet decision in September 2010 and to the introduction of an annual charge for the weekly collection of garden waste. He said that, in order to allow members of the public to request and pay for the new service online, it was important to make the process as accessible and as efficient as possible.

Outlining each of the options in detail, Councillor Robinson advised cabinet that option 2, a software application where online data could be captured and used in multiple systems, was the preferred option. He said that this option was a more generic solution and offered the greatest potential for growth and to providing cashable efficiency savings. He informed members that, whilst £10,000 had already been allocated to providing this service from the Garden Waste Project Budget, it was proposed that the balance of the overall cost be taken from the council’s IT Invest to Save Fund.  Cabinet noted the recommendations and,

RESOLVED to:

a)     Approve the use of a sole supplier contract, as set out as option 2 of report CSW.15, and

b)     Approve the use of £12,650 from the IT Invest to Save Fund

Cabinet to consider report E.38, detailing a change to the council’s nominated Child and Young Person’s Statutory Safeguarding Officer. Councillor Terry Hale, Cabinet Member for the Community, to present the report.

Councillor Terry Hale, Cabinet Member for the Community, presented report E.38, detailing a change to the council’s nominated Child and Young Person’s Statutory Safeguarding Officer. Councillor Hale informed members that the council had a statutory duty to nominate a safeguarding officer and that, following a reorganisation of the council’s staffing structure in June 2011, the remit for children and young people had passed to the Environmental Services Group. Clarifying that the change related to the post rather than to the person fulfilling the post, Councillor Hale confirmed that Roger Garbett, (as Group Manager for Environmental Services), would undertake the Statutory Safeguarding Officer role and that Kate Wyatt would continue to undertake the nominated Child Protection Officer’s role as part of her role as the council’s Community Engagement Officer for Children and Young People. Cabinet noted the report and,

RESOLVED to approve the change to the council’s nominated Children and Young People’s Safeguarding Officer, so that Roger Garbett, as Group Manager for Environmental Services, be allowed to take on the role of statutory Safeguarding Officer and Kate Wyatt, as Community Engagement Officer, (Children and Young Persons), allowed to take on the role of nominated Child Protection Officer.

To receive an update, (report PH.87), from Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, on the council’s progress in identifying gypsy and traveller sites in the Forest of Dean.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, referred to report PH.87 and gave an update on the council’s progress in identifying gypsy and traveller sites in the Forest of Dean. Councillor Robinson said that the purpose of the report was to ensure that the council had up to date policies and was making adequate provision in the development plan to identify and allocate sufficient suitable sites for gypsies and travelling show people.

Councillor Robinson acknowledged the repercussions from the delays the council had encountered in dealing with this matter and stressed the importance of progressing the situation forward based on new and improved guidance. He said that recent changes in government legislation had seriously impacted on how the council had managed the situation in the past but that he was hopeful the situation could be advanced in the next few months. Furthermore, the work that had already been undertaken by the council would not be wasted but used to support future activities and adoption of the council’s Core Strategy, plus support from the Cabinet Planning Policy Group, would also assist in progressing the situation.

Invited to comment on the proposals, Councillor Len Lawton said that he was unable to accept the information included in the report, which, in his opinion, did not reflect the representations that had been made at a recent planning policy group meeting. Councillor Lawton said that at that meeting, members had insisted that the matter be dealt with as quickly as possible to avoid any further delay. On this basis, Councillor Lawton urged cabinet to reject the recommendations outlined on pages 151 and 152 of the agenda and take more positive action. Referring to the recommendation as a process, Councillor Lawton believed the council should take immediate action in order to satisfy the needs of the gypsy community and to protect this authority. Councillor Di Martin said that, although she agreed with Councillor Lawton, she accepted that the process was ongoing and no reflection on the council’s officers. She also said that she felt the council had let the gypsies and travelling show-people down and was concerned about the potential conflict in the community.

In response, cabinet members reiterated the stance that, whatever delays had been experienced in the past, this was not sufficient enough reason to prevent the council from taking action now, nor was it a reflection of what action might be taken in the future. In spite of the clear intention to drive the situation forward, Councillor Robinson also stressed that the amount of work involved would be substantial and therefore likely to take some time to process. Group Manager for Planning and Housing, Peter Williams, reinforced this perspective and said that the requirement for statutory consultation was not something that could be done quickly and that the speed at which the process could be administered was out of the council’s control. 

Whilst sympathetic to Councillor Lawton’s concerns that the site identification process might take two to three  ...  view the full minutes text for item 15.

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy to present report F.132, detailing the council’s treasury activity up to August 2011.

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, presented report F.132, detailing the council’s treasury activity for the period April to August 2011. Councillor Robinson said that the report had been considered at the Audit Committee meeting on 22 September 2011, where members had been informed that the restrictions surrounding the council’s ability to invest and increase its growth for the future did not make current circumstances particularly opportune. Whilst describing the situation as rather bleak, Councillor Robinson said that the council intended to focus on considering other options, including lending to other local authorities. He said that, whatever the circumstances, the main priority would be to keep the council’s finances secure. The report was noted.

To consider, and if so agree, to resolvethat under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in schedule 12A of the said act.

Resolvedthat under section 100A of the Local Government Act 1972, the public to be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in schedule 12A of the said act.

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy to present exempt report F.134.

Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, presented exempt report F.134 and requested that cabinet review the decision made at the cabinet meeting on 21 October 2010 to lease Beachley Slipway.

Having considered the report, it was agreed that the council should retain ownership of the slipway, following concerns from local people that they would either lose access to the slipway or might be charged if the slipway was leased to another party. Councillor Robinson said that conscious of the value of this local asset to the local community and recognising the importance of keeping the slipway open to the public, the slipway would remain in the ownership and control of the Forest of Dean District Council.

Should the items of business not be completed at this meeting, cabinet will reconvene at 5.30pm on Wednesday 19 October 2011

The next cabinet meeting will be held on 10 November 2011

10 November 2011