Leader of the Council, Councillor Patrick Molyneux, to welcome everyone to the meeting and introduce the members of Cabinet for the 2011/12 Civic Year.

Leader of the Council, Councillor Patrick Molyneux, welcomed everyone to the meeting and introduced the cabinet members for the Civic Year 2011/12. He said that the new cabinet comprised 5 members and included himself as Leader of the Council and Cabinet Member for Regeneration and: -

Ø      Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy

Ø      Councillor Diana Edwards, Cabinet Member for Strategic Partnerships and Projects

Ø      Councillor Terry Hale, Cabinet Member for Community

Ø      Councillor Martin Quaile, Cabinet Member for Environment

Councillor Molyneux said that he was delighted to have been elected as Leader of the Council and that he hoped to make the cabinet more open and inclusive, involving more members. Councillor Molyneux said that he had introduced a 15-minute question and answer session at item 7 of the agenda, (for non-cabinet members to ask questions on issues relating to the agenda), and a centralised cabinet office, (located on the second floor adjacent to the Leader’s Office). He said that he hoped the cabinet office would assist in making it easier for cabinet to meet more frequently and to encourage other members to discuss issues with cabinet and that both of these actions had been introduced with the intention of benefiting and providing the best for the district. Responding to a question from Councillor Di Martin, seeking clarification on member champions, Councillor Molyneux said that he would be announcing the Cabinet’s working groups and project champions later in the meeting.

To receive apologies for absence

Apologies were received from Councillor Lynn Sterry.

To confirm the minutes of the cabinet meeting held on 14 April 2011

The minutes of the cabinet meeting held on 14 April 2011 were confirmed as an accurate record of that meeting.

The Leader of the Council to identify any items of urgent business.

There was no urgent business identified 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 it is personal or prejudicial.

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy, declared a personal interest in item 13 of the agenda, Proposed Redevelopment of Council Owned Sites in Valley Road, Cinderford and Bank Street, Coleford. Councillor Robinson declared his interest as a member of the South West Regional Development Board, and said that, although the board had ceased to exist with effect from 1 July 2011, he preferred to declare an interest due to the proximity of the meeting to that date.

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.

The following questions were received from Mr Mark Greening.

"Have additional gypsy and traveller sites been set up in the Forest of Dean, following Aoife Byrne's identification of sites? If not, will the process be complete this year”?

Leader of the Council, Councillor Patrick Molyneux informed members that Mr Greening was unable to attend the meeting but had requested that the Leader read out the questions and the responses to the questions. In Mr Greening’s absence, there would be no supplementary questions at this meeting.

Response from Councillor Patrick Molyneux, Leader of the Council and Cabinet Member for Regeneration

‘Thank you for your question.  I should like to assure you that we recognise the importance of this issue in general and the concerns of your group in particular.

The Council has undertaken a considerable amount of work towards identifying suitable sites to meet the needs of Gypsies and Travellers in our District.  Having reviewed a very wide range of possibilities, we developed an initial list of some 90 potential sites, all of which we have visited.  We then undertook more detailed appraisal work on these options, reducing the list of possible sites to around 30, although a good number of these have many constraints and may not be suitable. 

In the middle of this process there was a change of government and it soon became apparent that there would be changes to government policy that could impact on the process and criteria used to identify suitable sites for Gypsies and Travellers. On this basis, it was felt that we needed to fully understand these issues before we could complete the work of allocating suitable sites in the District.

With the government’s position becoming clearer, we are now in a position to continue the work that has been started. Indeed, later in tonight’s meeting, we shall be considering the creation of cabinet support groups, one of which is intended to be a planning policy group that will include gypsy and traveller site identification as a top priority. It is intended that this group will meet within the next few weeks and will review the work to date, review the impact of impending guidance on that work and put a work programme and schedule in place to complete the process.

At present therefore, while we have identified some potential sites, we have more work to do before these can be formally allocated.  The process we are required to follow is lengthy and will involve public consultation and as a result is unlikely be completed by the end of this year’. 

A maximum of fifteen minutes will be allowed for the Leader of the Council, Councillor Patrick Molyneux, to invite members to refer questions to cabinet. To ensure a full answer is provided at the meeting, advance notice of each question may be submitted, (in writing or by email), to Democratic Services before 10am on the Monday prior to the cabinet meeting. Questions will be taken in the order in which they are received.  

Each question must relate to the items on the agenda and should be relevant to the powers and duties of cabinet or to individual cabinet members. The questions must not deal with confidential, personal or any other information where the law requires the council to consider the matter in private, nor shall it relate to a specific planning or licensing application.

Following an announcement at the full council meeting on 26 May 2011 of his intention to invite non-cabinet members to ask questions at cabinet meetings, Leader of the Council, Councillor Patrick Molyneux, said that, in allowing questions at cabinet meetings, he hoped non-cabinet members would become more involved in the cabinet decision-making process. He reminded those members present at the meeting that the questions should relate to items on the agenda and should be relevant to the powers and duties of the cabinet, (or individual portfolio holder). He said that the questions should not involve confidential or personal information; nor should they relate to a specific planning or licensing application. Councillor Molyneux said it was not his intention to be too strict on the referral process. However, to ensure a full and accurate response was provided, he advised members to submit their questions in writing to Democratic Services before 10 am on the Monday prior to the cabinet meeting. (Where a full answer could not be provided, a written response to be provided within 10 working days of the meeting).  Councillor Molyneux said that he had received no questions on this occasion but would consider questions on selected agenda items throughout the meeting. 

Seeking clarification on the role of member champions, Councillor Di Martin was informed that the Leader of the Council, Councillor Patrick Molyneux, would be appointing two project champions to work in conjunction with nominated cabinet portfolio holders later in the meeting. Councillor Molyneux said that, although there was no formal structure in place, it was his intention to appoint project champions to work on specific matters on a project-by-project basis, as and when required.

Responding to a question from Councillor Marion Winship, Councillor Molyneux confirmed that, although there would be no debate on the matter, he would consider questions relating to items on the cabinet forward plan.

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

The cabinet forward plan was noted and agreed, subject to the following amendment from Councillor Martin Quaile, Cabinet Member for Environment.

Councillor Quaile said that, further to a meeting of the Shadow Waste Management Board that had taken place earlier in the week, the update on the Countywide Joint Waste Project scheduled for September, would now take place at the October cabinet meeting.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report SD.73, detailing the end of year financial results and the final quarter performance report for the 2010/2011 financial year.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report SD.73, detailing the end of year financial results and the final quarter performance report for the 2010/2011 financial year. Councillor Robinson said that, in spite of the challenges of having to work with a much smaller budget, the council had made good progress during the past year and had accomplished some notable achievements. Councillor Robinson said that, although presented with some difficult obstacles, the council had worked hard in delivering in year savings during 2010/11, which had allowed it to achieve a balanced budget for 2011/12 and develop a robust plan from which further savings could be made during future years. He said that, despite such difficulties, it was commendable that the council had been able maintain its service delivery during this time.

Outlining some of the successes of 2010/12, Councillor Robinson said that that the council had been recognised as achieving a high standard of customer satisfaction, (as identified by the UK Customer Satisfaction Index) and had agreed to introduce a new waste and recycling collection service in the summer of 2012. Furthermore, in changing its contractor for the disposal of recyclable materials, the council was confident it would be able to generate a significant level of additional income. Councillor Robinson said that he was particularly pleased with the council’s reduction in staff sickness absence levels, (reduced from 11.64 days per full time equivalent per year at the end of 2010, to just under 6 days per employee per annum in 2011) and to the completion of several capital projects, (in particular, to the completion of Redbrook Car Park). Other achievements included, the reduction in crime, (19.3 per cent reduction on the previous year), the success of the Friday Night Project, (and subsequent reduction in anti-social behaviour), and the positive Annual Governance Report from the Audit Commission.

Councillor Robinson informed members that, in addition to securing £180,000 from the Rural Development Programme for England as an investment towards improving broadband access for the district, the council had also received a significantly larger investment, which would hopefully benefit the district enormously in achieving faster broadband service.

Leader of the Council, Councillor Patrick Molyneux, said there had been some fantastic achievements during the past year. Commending the work of officers in helping to achieve some of the successes, Councillor Molyneux expressed particular thanks to Malcom Vine, Strategic Housing Manager, for striving to secure much needed affordable housing for the district and for the success of the ‘exception’ housing site at Littledean. The Leader also noted the tremendous success of the Friday Night Project in helping to reduce anti-social behaviour in the district.

Councillor Robinson read out recommendations a) and b) on page of 9 of the agenda and informed members that cabinet was only required to note, and not to approve, the recommendations. Cabinet accepted this modification and,

RESOLVED to note report SD.73

Leader of the Council, Councillor Patrick Molyneux, to present report LD.358, seeking to establish the following cabinet support groups and the role of project champions: -

a.      Waste Management Group

b.      Equalities Group

c.      Community and Voluntary and Community Sector Funding Group

d.      Planning Policy Group

Leader of the Council, Councillor Patrick Molyneux, referred to report LD.358 and informed members that cabinet had the power to establish working groups, (cabinet support groups), to review the council’s processes and procedures and to assist in the development of new initiatives, policies and strategies. He said that the purpose of this report was to consider the establishment of four cabinet support groups, for which the terms of reference had been circulated with the agenda. (Members were advised that the cabinet support groups established under the previous council had ended with the election of the new council in May 2011). Councillor Molyneux said that, having discussed the proposals with cabinet members and lead officers, he believed the following cabinet support groups should be established to commence work with immediate effect.

a.      Waste Management Group - established to consider issues relating to waste management

b.      Equalities Group – established to promote equality and equal opportunities throughout the council’s services and organisation from a strategic and corporate perspective.

c.      Voluntary and Community Sector Funding Group - established to review and refresh the council’s approach to awarding funding to the voluntary and community sector within the Forest of Dean

d.      Planning Policy Group – established to consider the Local Development Framework and related planning policy issues.

Councillor Molyneux went on to consider the role of the cabinet support member and said that this option had already been introduced by several authorities, including Gloucestershire County Council. He said that, to facilitate more member involvement in cabinet governance and to ensure the best use of resources, cabinet member support roles could provide a useful opportunity for non-executive members to make a contribution to the running of the council and to provide additional member focus on important projects and issues for the district.

Referring to the formation of the Woodlands Advisory Group at the council meeting on 26 May 2011, (formed to advise on how best to present the council response to the Independent Panel on Forestry and led by Councillor Andrew Gardiner), Councillor Molyneux informed members that it had been agreed that Councillor Gardiner would continue in his role as Project Champion to consider issues relating specifically to the Forest. Furthermore, he suggested that Councillor Brian Edwards be appointed Broadband Project Champion for the Forest of Dean, to address concerns regarding broadband delivery in the forest and to gather information on how best to improve this service for the future.

Councillor Diana Edwards, Cabinet Member for Strategic Partnerships and Special Projects, confirmed that the Voluntary and Community Sector Funding Support Group had formed and had held their first meeting. A second meeting would take place during forthcoming weeks. Councillor Martin Quaile, Cabinet Member for the Environment, said that the Waste Management Group would reform before the end of the month and Councillor Terry Hale, Cabinet Member for the Community, said that he intended to address community issues as and when they arose.

Responding to a question from Councillor Marion Winship, Councillor Molyneux, said that invitations  ...  view the full minutes text for item 10.

Cabinet to review the comments received to the public consultation exercise following publication of the Core Strategy in February 2011.  Councillor Brian Robinson, Cabinet Member for an Efficient Council and Finance to present report EDP. 40

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report EDP.40, detailing comments received following publication of the council’s Core Strategy in February 2011 and subsequent public consultation exercise.  Councillor Robinson confirmed that, whilst some comments had been accepted, those proposing changes to accommodate additional, minor and alternative schemes had not. He said that the Core Strategy was now considered fit for purpose and would be submitted to the Secretary of State after referral to the full council meeting on 14 July 2011. He informed members that, despite continuous review, it was unlikely that any of the general objectives and overall principles in the strategy would change.

Cabinet members thanked Forward Plan Manager, Nigel Gibbons and the members of his team for their hard work in processing the Core Strategy. Councillor Terry Hale also referred to the extensive scrutiny that had been involved before the document had been approved in February. Councillor Robinson proposed that the comments received during the consultation exercise be endorsed before referring to the Full Council meeting on 14 July 2011 and before submission to the Secretary of State. Cabinet noted the report and,

RESOLVED to endorse the suggested responses to representations included in report EDP.40 so that they may be submitted to the Secretary of State

To review the responses to the final community consultation exercise on the Cinderford Area Action Plan (Northern Quarter). Councillor Patrick Molyneux, Leader of the Council and Cabinet Member for Regeneration to present report EDP.41

Councillor Patrick Molyneux, Leader of the Council and Cabinet Member for Regeneration, presented report EDP.41, detailing the responses to the final community consultation exercise on the Cinderford Area Action Plan (Northern Quarter). Councillor Molyneux said that, as with previous item on the Core Strategy, the Cinderford Area Action Plan had been a working document for some time now and had undergone extensive consultation before preparing for submission to the Secretary of State.

Councillor Martin Quaile, Cabinet Member for Environment, expressed concern that the process for submission might develop into a game of ping-pong and enquired whether the anticipated completion timetable had been based on the assumption that that the Core Strategy was approved. Forward Plan Manager, Nigel Gibbons, said that both documents would be submitted together and hopefully considered simultaneously by the same Inspector. 

Responding to concerns about the cost of producing coloured copies of the plan, Councillor Molyneux said it had been felt the document should be in colour to provide a more realistic perspective of the proposals. He said that only a small number of documents had been produced, (including a master copy for the members room), and suggested that the documents be returned to the Regeneration Manager at the end of the meeting.

Before reading out the recommendations, Councillor Molyneux thanked the council’s Forward Plan Manager, Nigel Gibbons and Regeneration Manager, Wendy Jackson, for all their hard work. Cabinet noted report EDP.41 and,

RESOLVED,

a)     To agree the responses to the final round of community consultation and recommend approval to Full Council, to enable publication of the AAP Submission Document to the Secretary of State, and

b)     To endorse the Cinderford Area Action Plan Masterplan and Design Codes for use as informal planning guidance until the AAP is formally adopted.

Councillor Patrick Molyneux, (Leader of the Council and Cabinet Member for Regeneration) and Councillor Brian Robinson, (Cabinet Member for an Efficient Council and Planning Policy), to seek additional funding for the proposed redevelopment of two council owned sites to provide new housing.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report SD.72 and said that the purpose of the report was to seek additional funding for the proposed redevelopment of two council owned sites and to provide new affordable housing for the district.  Summarising the report in detail, Councillor Robinson amended recommendation c) of the report and proposed that the council’s preferred option for the selection of a lead developer for the site should be to work in partnership by nominating Two Rivers Housing as the preferred registered provider for delivering affordable housing. In response to concerns about the proposal and questions about whether or not the housing association might have a prejudicial interest in accepting the nomination, Councillor Brian Robinson said that the preferred option would not preclude the council from considering other developers. Councillor Martin Quaile, Cabinet Member for Environment, reinforced this statement and said that it was the council’s responsibility to ensure there was no conflict of interest and that the final decision would be made by the council.

Regeneration Manager, Wendy Jackson, gave a short update on the proposals and amended paragraph 2.2 of the report. She said that, since the issue of the sifting brief, the council had received four formal responses from development partner panel members, (four interested in the Bank Street site and 3 in the Valley Road site), each indicating that they were keen to continue to the final tender submission stage. She said that, on this basis, the timeline for the issue of the development brief had been deferred to 1 August 2011 and that the closing date for returns, would be on or before 9 September 2011. Councillor Quaile accepted the change but said that there was still a significant amount of work to do to produce the development briefs.

Leader of the Council, Councillor Patrick Molyneux, thanked Nigel Gibbons, (Forward Plan Manager), Wendy Jackson, (Regeneration Manager), Marie Rosenthal, (Solicitor to the Council) and Peter Hibberd, (Strategic Director), for all the hard work that had been undertaken in moving the project forward. Cabinet noted report SD.72 and,

RESOLVED to,

a)     Note the progress being made using the Homes and Communities Agency’s Development Partner Panel (DPP) to identify a lead developer(s) to redevelop two council owned sites at:

·        Valley Road & Hastings Road, Cinderford

·        Bank Street, Coleford.

b)     Agree revenue budget expenditure of up to £15,000 from the Council Initiatives Reserve to cover the cost of completing two Development Briefs to the Homes and Communities Agency DPP standards and other project matters.

c)      Agree to delegate the following decisions to the Strategic Director, in consultation with the Group Manager for Planning and Housing, Group Manager Finance and Property, Group Manager Legal, Democratic Services and Human Resources and the Leader and Deputy Leader of the Council:

·        Finalise content of the Development Briefs for each site, and

·        Select a lead developer, (with Two Rivers Housing as the preferred partner for the affordable homes at the Valley Road, Cinderford site) 

d)     Report  ...  view the full minutes text for item 13.

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy, to present report F.122, detailing proposals for delivering the GO Shared Services Business Case.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report F.122, detailing the proposals for delivering the council’s GO Shared Services Business Case, involving Cheltenham Borough Council, Cotswold District Council, West Oxfordshire District Council and the Forest of Dean District Council.

Councillor Robinson gave a comprehensive account of the proposals, and said that, in spite of recent developments, he believed the Forest of Dean District Council remained in a strong position. He also said that he was confident employees working at this authority would not be disadvantaged by the terms of the agreement. Responding to a number of member questions, Councillor Robinson said that to consider an alternative proposal could prove expensive, and in taking this route, the council would be seeking to provide the best value for money for everyone concerned. He also confirmed that, any pension liabilities that existed at the date of transfer would be this authority’s responsibility, but that after this date, would be the responsibility of the other authority.

After thanking the officers involved in delivering the agreement process, (Finance Manager, Su Walker, Head of Paid Service, Sue Pangbourne, Human Resources Manager, Karen Gane and Group Manager for Finance and Property, Derek Broom), Councillor Robinson read out the recommendations, before cabinet,

RESOLVED to,

a)     Approve the revised GO Shared Services business case and appendices which reflect the provision of advisory and transactional services that will be delivered from GO Shared Services and which delivers an annual saving of £113,495 to Forest of Dean District Council from 1 April 2013.

b)     Delegate to Cotswold District Council (CDC) its Finance, Procurement, HR and Payroll services (including the transfer of staff under TUPE) as set out in this report in accordance with s101 Local Government Act 1972 and s19 and s20 Local Government Act 2000.

c)      Delegate authority to the s151 Officer in consultation with the Head of Paid Service and Cabinet Member for an Efficient Council and Planning Policy to enter into the following agreements on terms approved by the Council Solicitor, subject to all GO partner councils entering into similar relevant agreements at the same juncture:

·        Revised GO Programme collaboration agreement

·        Agreement under s101 Local Government Act 1972 and s19 and s20 Local Government Act 2000 with Cotswold District Council (CDC) in respect of Finance, Procurement, HR and Payroll services as set out in this report.

d)     Nominate the Cabinet Member for an Efficient Council and Planning Policy as the elected member representative to the GO Shared Services Joint Monitoring and Liaison Group.

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy, to present report F.118, seeking cabinet approval for three sole source supplier contracts.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report F.118, seeking cabinet approval for three sole source supplier contracts. (Councillor Robinson reminded members that the council’s contract procedure rules required cabinet approval for sole source supplier contracts over £5,000). Councillor Robinson summarised the proposals before reading out each of the recommendations. Cabinet noted report F.118 and,

RESOLVED toapprove the sole supplier for,

·             Access to biological records;

·             Engagement of design consultants to manage the 2012 visitor guide; and

·             Access to the MAIDeN Gloucestershire Neighbourhood database

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy, to present report F.120, regarding the disposal of council property assets in Dymock and Cinderford.

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy, referred to report F.120, regarding the disposal of council property assets in Dymock and Cinderford.

Expressing significant concerns about two of the proposals, Councillor Robinson informed members that he intended to withdraw the proposals relating to the disposal of land adjacent to cottages at 4 Orchard Cottages, Hillend Green, Dymock (Annex A) and to the disposal of land at 90 High Street, Cinderford (Annex B). He said that the land adjacent to Orchard Cottages, referred to under Annex A of the report, might not be suitable for housing and that he was conscious of the huge leap to convert the land to garden use without considering other options. Furthermore, he believed it would be inappropriate to develop on Land at 90 High Street, Cinderford, (Annex B of the report), due to concerns about access and parking.

Despite initial reservations about whether to proceed with the disposal of Land at Forest Vale Road, Cinderford, (Annex C of the report), it was later agreed that this matter should not be delayed and should be delegated to officers to administer, in consultation with the Leader and the Deputy Leader.

Responding to a question from Councillor Frankie Evans, Derek Broom, Group Manager for Finance and Property, said that he believed easements were index linked but needed to confirm this point. It was later confirmed that all council lease rentals included an annual uplift for inflation in line with national indices.

Cabinet noted the report and,

RESOLVED to defer Annexes A and B of the report, (4 Orchard Cottages, Hillend Green, Dymock, Newent and 90 High Street, Cinderford), and to delegate disposal of the land at Annex C, (Ensors, Forest Vale Road, Cinderford) to the Group Manager for Finance and Property, in conjunction with the Leader and Deputy Leader.

To consider, and if so agree, to resolve that 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.

Cabinet resolvedthat, under section 100A of the Local Government Act 1972, that the public be excluded from the meeting for items 18 and 19 of the agenda on the grounds that they involved the likely disclosure of exempt information as defined in schedule 12A of the said act.

Councillor Martin Quaile, Cabinet Member for the Environment, to present exempt report F.121.

Councillor Martin Quaile, Cabinet Member for the Environment, presented exempt report F.121.

Councillor Brian Robinson, Deputy Leader and Cabinet Member for an Efficient Council and Planning Policy to present exempt report CSW.13

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented exempt report CSW.13.

8 September 2011

8 September 2011