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Forest of Dean District Council
Council Offices
High Street
Coleford
Glos
GL16 8HG

Tel: 01594 810000
council@fdean.gov.uk

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Bruce Hogan

The Forest of Dean District Council - Agenda for Cabinet on Thursday, 14th June, 2012, 5.30 pm

Agenda and minutes

Cabinet
Thursday, 14th June, 2012 5.30 pm

Venue: Council Chamber, Council Offices, Coleford. View directions

Contact: Joanne Moore 

Items
No. Item

1.

Apologies

To receive apologies for absence.

Minutes:

Apologies were received from Councillor Diana Edwards, Cabinet Member for Strategic Partnerships and Special Projects, and from non-cabinet member, Councillor Brian Edwards. As Cabinet Broadband Champion, Councillor Brian Edwards was due to speak on item 13 of the agenda but was unable to do so.

2.

Minutes pdf icon PDF 100 KB

To confirm the minutes of the meeting held on 10 May 2012 (attached)

Minutes:

The minutes of the meeting held on 10 May 2012 were confirmed as an accurate record of that meeting.

3.

Urgent Business

The chairman to identify any items of urgent business.

Minutes:

No urgent business was considered at this meeting.

4.

Declarations of Interest

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.

Minutes:

As members of Gloucestershire County Council, Councillors Terry Hale, Martin Quaile and Brian Robinson each declared a personal interest in item 8, (Service Level Agreement – Gloucester Heritage Urban Regeneration Company 2012/13), and item 12, (Formation of a Joint Waste Committee in Gloucestershire).

5.

Forward Plan pdf icon PDF 65 KB

To consider the attached copy of the cabinet forward plan (July 2012) and to agree any changes

Minutes:

The cabinet forward plan for July 2012 was noted and agreed.

 

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, announced that a presentation on the Benefit Services Partnership would take place in the Council Chamber at 4 pm on Thursday 28 June 2012. He said that the presentation would allow members to consider information relating to this item before cabinet made a formal decision on the matter the following week.

 

Strategic Director, Peter Hibberd, informed members that more time would be required on the cabinet report relating to the item on the Community Engagement Strategy and that the report would now be considered at the cabinet meeting in September. Leader of the Council, Patrick Molyneux, said that the cabinet intended to re-evaluate some of its priorities in conjunction with a review of its roles and responsibilities and that this was another reason why it was useful to defer the item on the Community Engagement Strategy until later in the year.

6.

Public Questions

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.

Minutes:

No public questions were considered at this meeting.

7.

Member Questions

Leader of the Council, Councillor Patrick Molyneux, to invite non-executive members of the council to refer any 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 avoid 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.

Minutes:

Leader of the Council, Councillor Patrick Molyneux, invited non-executive members of the council to ask questions relating to items on the agenda. He informed members that he had received the following question from Councillor Andrew Gardiner prior to the meeting. 

 

Question from Councillor Andrew Gardiner

 

Concerning that the Minister for Environment, Caroline Spelman, has placed a moratorium on sales of forests, which ceases on the publishing of the Independent Forestry Panel's final report on the 4th July 2012 – would the Cabinet, on behalf of the Council, make urgent representations to the Minister and MP Mark Harper for it to continue until the report has been considered by Parliament and the Government's policy on the future of forestry has been formulated?

 

While the moratorium applies to the whole of the English Estate, it is especially important that this protection applies to the Extended Royal Forest of Dean Community and Heritage Woodlands, as modelled by this Council in its response to the panel’.    

 

Councillor Molyneux informed Councillor Gardiner that the council shared such concerns, and had demonstrated this in its response to the Independent Forestry Panel. He said that, having contacted the Chairman of the Panel he had received confirmation that the Secretary of State had given assurances that, ‘all new sales would be suspended until the Department for Environment, Food and Rural Affairs, (DEFRA), had considered the panel’s recommendations’. Councillor Molyneux read out a letter from the Secretary of State, (Caroline Spelman MP), to the Chairman of the Panel, before presenting a copy of the letter to Councillor Gardiner. The letter read: -

 

‘I welcome the news that the Independent Panel on Forestry held a successful first meeting and look forward to hearing how you are progressing following future meetings.

 

The Panel has been set a challenging and important task and in order to ensure that it has time to consider the issues and engage the wide range of stakeholders who have expressed an interest, we have agreed a date for the final report in April 2012, with a progress report in November 2011. This will ensure that the Panel can give this important issue full consideration. I am adjusting the terms of reference to this effect.

 

As you know, there has been continuing public interest in the question of planned asset sales and I thought it would be helpful to confirm in writing the position we discussed. All new sales have been suspended until we have considered the Panel’s recommendations. We have asked the Panel to consider options for the future ownership and management of the public forest estate and for ensuring protection of public benefits should any future sales be considered. When we have considered your advice on this, we will decide on the amount of any future sales and the conditions that should apply to these. As you are aware, the Forestry Commission have always bought and sold land, but we are not making any assumptions at the moment about the level of  ...  view the full minutes text for item 7.

8.

Service Level Agreement - Gloucester Heritage Urban Regeneration Company 2012/13 pdf icon PDF 114 KB

Detailing proposals of a new service level agreement with the Gloucester Heritage Urban Regeneration Company, Leader of the Council, Councillor Patrick Molyneux, to present report EDP.54.

Minutes:

Detailing proposals of a new service level agreement with the Gloucester Heritage Urban Regeneration Company, Leader of the Council, Councillor Patrick Molyneux, presented report EDP.54. Having sought clarity on concerns that had been raised regarding a potential conflict of interest involving the Chairman of the Heritage Company, Solicitor to the Council, Marie Rosenthal, said that the individual concerned would receive no financial benefit from his position as chairman of the panel and that the company was entirely in the ownership of Gloucester City Council. She said that the service level agreement between the council and the company would deal with the handling of any conflicts if and when they arose. (At this stage, none were anticipated given the level of partnership working to date). Supported by cabinet members, the leader reflected on how much work had been involved in the preparation of this new service level agreement and of the benefits and value for money he hoped the agreement would provide in delivering regeneration services to the district.

 

Questioning the accuracy of some of the negative comments that had been made earlier that week by local newspapers, Councillor Martin Quaile, Cabinet Member for Environment, said that it was important to rebuff such negativity. Leader of the Council, Patrick Molyneux, agreed with this sentiment and informed members that Gloucestershire County Council, who had invested £50,000 towards the council’s regeneration work, supported the council’s relationship with the regeneration company.

 

Regeneration Manager, Wendy Jackson, noted concerns from Councillor Andrew Gardiner about the impact of the regeneration process on local habitat and wildlife and said that a significant amount of work, including ongoing work with Natural England, would continue throughout the regeneration process. Members noted a correction to the date of the Investment Prospectus Launch - Member Briefing Session, and were informed that the event would take place on Tuesday 19 June 2012 at 6 pm.

 

Cabinet noted the recommendations in report EDP.54 and,

 

RESOLVED to

a)     Authorise the preparation of a new Forest of Dean District Council and Gloucestershire Heritage Urban Regeneration Company (GHURC) Service Level Agreement for the Financial Year 2012-13,

b)     Authorise the use of up to £50,000, provided by Gloucestershire County Council to cover the cost of GHURC regeneration services within the SLA, and to

c)      Delegate to the Group Manager - Legal Democratic; in consultation with the Leader and Cabinet Member for an Efficient Council and Planning Policy, the authority to implement these recommendations.

9.

Forest of Dean Tenancy Strategy (Draft) pdf icon PDF 108 KB

Cabinet to consider proposals relating to the Forest of Dean Tenancy Strategy before authorising publication of the strategy for consultation. Councillor Terry Hale, Cabinet Member for Community, to present report PH.120.

Additional documents:

Minutes:

Councillor Terry Hale, Cabinet Member for Community, presented report PH.120, detailing proposals relating to the Forest of Dean Tenancy Strategy and seeking to authorise publication of the strategy for formal consultation. Councillor Hale informed members that the Localism Act would require each local authority to publish a Tenancy Strategy to set out broad objectives for consideration by individual Registered Housing Providers when making decisions about their own tenancy policies. He said that the council’s aim was to allow a framework within which partner-housing providers could manage housing stock efficiently, whilst at the same time, balancing this with the need to ensure that properties remained affordable for local people and that communities remained mixed and sustainable.

 

Councillor Hale said that, due to the timing of the legislation and because of the bidding programme for Homes and Communities Agency funding, the strategy did not apply to those decisions that had already been made by current providers. It was hoped, however, that partners would use the document as the basis for any future decisions and when considering future bids and business plans. Councillor Hale informed members that a copy of the strategy had been sent to each of the council’s housing partners and would be placed on the council’s website for public consultation. He said that the Cabinet Housing Support Group had been involved in the preparation of the draft document and would be given a further opportunity to discuss the final version of the strategy following receipt of the results of the consultation process and prior to publication of the final document. 

 

Cabinet Housing Support Group Member, Councillor Di Martin accepted the proposals but said that the strategy was the ‘best of a bad job’ in having to respond to national legislation. She said that she had been disappointed by some of the changes the council had been obliged to introduce, especially those impacting on homelessness and on affordable housing. Cabinet noted the recommendations and,

 

RESOLVED to,

a) Note the contents of the Forest of Dean Tenancy Strategy and agree to publish for public consultation, 

b) Note that the Housing Portfolio Support Group had been involved in the production of the draft consultation paper and will consider feedback received from the public, and

c) Agree, following the public consultation period, for the Cabinet Member for Community and the Group Manager Planning and Housing to have delegated authority to publish the Tenancy Strategy.   

10.

Changes to Gloucestershire Homeseeker Policy pdf icon PDF 127 KB

Councillor Terry Hale, Cabinet Member for Community, to present report PH.121, detailing changes to the Gloucestershire Homeseeker Service.

Additional documents:

Minutes:

Councillor Terry Hale, Cabinet Member for Community, presented report PH.121, detailing changes to the Gloucestershire Homeseeker Service. Councillor Hale said that the service had worked well since first introduced in September 2009, with very few issues. One danger, however, especially with prioritisation systems, was that the higher priority categories could become oversubscribed and that the system could lose its effectiveness. He said that the purpose of the report was to consider some of the changes to the service following a review by Gloucestershire Homeseeker Partnership, including several changes in case law.  Councillor Hale said that, if agreed, the changes would affect approximately 104 households within the district, equating to around 2 per cent of the overall list.

 

Councillor Hale said that all six districts would be required to adopt the proposals before the software provider could make any changes to the system. He said that, in the unlikely event of one of the authorities not agreeing to the changes, the partnership would be required to consider which of the agreed changes it would adopt. He anticipated that the changes would come into force in the autumn at a mutually agreed time.

 

Councillor Hale said that the proposals within the report did not fully take into account the possible changes that might be brought about by the Localism Act, or that might be required to manage some of the changes in housing benefit. He said that such implications would be discussed separately and that it was likely that a further report would be presented to cabinet in the future.

 

Reflecting on the importance of the Gloucestershire Homeseeker Policy, Councillor Di Martin nevertheless expressed concern about the impact of some of the proposals when applied across the whole of the county. She made particular references to the loss of garden space and the quality of life for children under aged 10. Strategic Housing Manager, Malcom Vine, said that whilst he had argued against the proposals in relation to this issue, he did not envisage being able to make any changes.  Having considered the proposals, cabinet,

 

RESOLVED to agree the changes to the Gloucestershire Homeseeker Banding Policy as set out within report PH.121

11.

Printing Strategy pdf icon PDF 112 KB

Councillor Brian Robinson, Cabinet Member for an Efficient Council, to present report CSW.18, seeking adoption of a new printing strategy and authorisation of linked proposals.

Additional documents:

Minutes:

Councillor Brian Robinson, Cabinet Member for an Efficient Council, presented report CSW.18, detailing proposals relating to the council’s printing and copying strategy. Councillor Robinson informed members that the Strategic Overview and Scrutiny Committee had considered the proposals at a meeting on 31 May 2012.

 

In presenting the report, Councillor Robinson said that the two outcomes from introducing the new strategy were to reduce the volume of printed and copied material the council produced, (without incurring any detriment to the current service delivery), and secondly, to reduce the amount the council spent on printing and copying by £65,000 each year. He said that by 2015/16 it was hoped that the total number of pages the council would print would reduce to 1,800,000, (as compared to 4.1 million in 2005/06), with a direct cost of £50,000, (as compared to £180,000 in 2005/06). Cabinet noted the report and,

 

RESOLVED to approve,

a)     the Printing Strategy and its planned outcomes

b)     the non-replacement of the two production machines

c)      use of the Multifunctional Devices and Services, Managed Print Services and Print Audit Services Framework contract ref: RM1599 and establishing an approved list of local suppliers

12.

Formation of a Joint Waste Committee in Gloucestershire pdf icon PDF 269 KB

Councillor Martin Quaile, Cabinet Member for Environment, to give an update on the progress towards forming the Gloucestershire Joint Waste Committee, and to seek approval for members and officers to undertake work to form a Joint Waste Committee and associated Joint Waste Management Unit before 1 April 2013. Please refer to report SD.92.

Minutes:

Councillor Martin Quaile, Cabinet Member for Environment, gave a brief update on the progress that had been made in the formation of a Gloucestershire Joint Waste Committee. He also sought approval for the creation of an associated Joint Waste Management Unit with a target date of 1 April 2013. Councillor Quaile noted the recommendations that had been made at the Strategic Overview and Scrutiny Committee meeting on 31 May 2012 and said that, with no serious impact on the recommendations for this meeting, the proposals would be incorporated into the minutes of the meeting. He informed members that at the scrutiny committee meeting in May, the committee had resolved to: -

 

a)     Support joint working, tempered by caution and concern about realistically achieving savings above additional costs, while recognising the risk to the council of not participating in this joint project and,

b)     Support the council joining the Joint Waste Committee and expect regular reports throughout the process up to the point when the decision was needed about joint working.

 

Councillor Quaile believed the council had a far better chance of continuing to make savings from waste collection from working in partnership with other authorities in Gloucestershire. He said the council had long been engaged in a countywide project to establish a Joint Waste Committee, which if formed, would be supported by a Joint Waste Management Unit comprising a team of officers who would be delegated to manage waste collection and disposal with the other participating authorities.

 

Noting Tewkesbury Borough Council’s decision, not to join the partnership at this stage in the programme, Councillor Quaile said that the new financial model for the Joint Waste Committee would be based on a waste partnership with Gloucestershire County Council, Forest of Dean District Council, Cheltenham Borough Council and Cotswolds District Council. This would not, however, exclude Tewkesbury Borough Council, or any other authority, from joining the partnership at a later date.

 

Members agreed that the proposal had now been considered in great depth and thanked the members and officers for the hard work involved in forming the joint committee. Councillor Quaile referred members to the recommendations included in report SD.92 and cabinet,

 

RESOLVED to: -

(a)             Accept the financial case as set out in report SD.92;

(b)             Agree to the establishment of the Gloucestershire Joint Waste Committee (GJWC) in accordance with Sections101 and102 of the Local Government Act 1972 and the Local Authorities Arrangement for the discharge of Functions)(England)(Amended) Regulations 2001 made under Section 20 of the Local Government Act 2000; 

(c)             Authorise the Strategic Directors, and the Group Manager for Legal and Democratic Services, in consultation with the Portfolio Holder for the Environment, to finalise and complete the Inter Authority Agreement, (including the Constitution), the year one Business Plan and other documentation and to take all necessary steps to create the GWJC with a target date of 1 April 2013;

(d)             Agrees that the existing Shadow Joint Waste Board and Programme Board arrangements will persist until the end of March 2013,  ...  view the full minutes text for item 12.

13.

Cabinet Project Champions pdf icon PDF 111 KB

Leader of the Council, Councillor Patrick Molyneux, to give an update on the work of the four cabinet-appointed project champions. The Leader to also present report SD.91 on how to establish and give support to Cabinet Project Champions in the future.

Minutes:

Leader of the Council, Councillor Patrick Molyneux, gave an update on the work of the four cabinet-appointed project champions. The Leader also presented report SD.91, detailing information on how to establish and offer support to future champions. He said that, following a review of the work of the project champions appointed in 2011, it was generally felt that the involvement of non-executive members in the cabinet decision making process had been useful and was working well. Noting the distinctions between time-limited cabinet project champions and the council appointed champions, the Leader outlined the work of each cabinet champion.

 

Cabinet Forest Champion – Councillor Andrew Gardiner

The Leader said that this champion role had been very important in co-ordinating the work required in response to the Government’s proposals for the future of the public forest estate. He said that it had been essential for local communities to know that the council was taking the issue seriously and commended Councillor Gardiner for his excellent work in achieving this, and in working with the Lead Member for the Environment to examine proposals for local nature partnerships. It was noted that the Independent Panel on Forestry intended to publish its final report in July 2012 and that the report would be reviewed by the Cabinet Member for the Environment and the Cabinet Forest Champion in conjunction with the Woodlands Advisory Group.

 

Cabinet Broadband Champion – Councillor Brian Edwards

Councillor Brian Edwards was unable to attend the meeting but submitted the following statement to which the Leader agreed could be included in the minutes of the meeting: -

 

‘The Broadband Support Group has held regular meetings throughout the year.  As it is stated in the cabinet report, the main purpose was to plan our strategy for informing the Forest community of the importance of signing up to the Broadband Survey.  This was done through the press, parish councils, businesses and importantly, parish champions. The survey was completed and statistics show that across Gloucestershire, 6,000 responses have been received and of those, 1,677 were registered postcodes for the Forest of the Dean. In terms of the Broadband Champions, the Dean has 104 champions covering 34 parishes in the district. I have been contacted by some champions, who are willing to assist further should they be needed. It is envisaged that the contract will be awarded within the next few months starting in the Forest of Dean, hopefully in the late autumn of this year.”

 

Cabinet Localism Champion – Councillor Gethyn Davies

The Cabinet Localism Champion was established to support the Cabinet’s work to prepare for and implement changes required by the Localism Act 2011.  As the various parts of the Localism Act are enacted and guidance becomes clearer, the Cabinet Localism Champion will continue in his support role to the Lead Member for Strategic Partnerships and Projects and to the other cabinet members whose portfolio is affected by the act.

 

Cabinet Transport Champion – Councillor Clive Elsmore

The role of this Cabinet Project Champion was established  ...  view the full minutes text for item 13.

14.

Exempt Business

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 items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act.

Minutes:

Resolved that under section 100A of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in schedule 12A of the said act.

15.

Property Disposal

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report F.161.

Minutes:

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, present exempt report F.161.

16.

Next meeting

Should the items of business not be completed at this meeting, cabinet will reconvene at 5.30pm on Wednesday 20 June 2012.

 

The next cabinet meeting will be held on Thursday 5 July 2012 at 5.30 pm

Minutes:

Thursday 5 July 2012