To receive apologies for absence.

Apologies were received from Cabinet Member for Strategic Partnerships and Special Projects, Councillor Diana Edwards.

At the start of the meeting, Leader of the Council, Councillor Patrick Molyneux, said that it was with regret to announce that Councillor Frank Beard had sadly passed away earlier in the week. Speaking on behalf of cabinet and the district council, the Leader offered his condolences to Councillor Beard’s family and friends. He said that Councillor Beard had been a town, district and county councillor for many years and a popular and well-known member of the community. Councillor Beard was also Chairman of the Council and the First Mayor of Cinderford. Formal tributes will be made to Councillor Beard at the council meeting in October.

To confirm the non-exempt minutes of the cabinet meeting held on 7 July 2011

Subject to the following amendment, the non-exempt minutes of the cabinet meeting held on 7 July 2011 were confirmed as an accurate record of that meeting. Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy, clarified that at the meeting in July he had declared a personal interest in item 13 of the agenda, Proposed Redevelopment of Council Owned Sites in Valley Road, Cinderford and Bank Street, Coleford. He said that the interest had been made as a member of the South West Regional Development Board and that, contrary to the minutes of the last meeting, the board was still in existence.

Leader of the Council, Councillor Patrick Molyneux, 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.

Councillor Philip Burford declared a personal interest in item 10 and the request for funding for a new village hall at Hartpury. Councillor Burford informed members that he had recently been appointed a trustee of the Hartpury Village Hall Committee.

Monitoring Officer, Marie Rosenthal, declared a personal interest as a friend of Sir Ben Gill, Chairman of the ‘Visit Herefordshire’ Board in item 12 of the agenda, Tourism – Improved Partnership Working.

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

Subject to the following changes, the cabinet forward plan that had been circulated with the agenda was noted and agreed.

1. Councillor Martin Quaile, Cabinet Member for Environment, said that to make a more informed decision, the item relating to the Recyclate Bulking Facility, (due to be considered at the cabinet meeting in October), would now be considered at the meeting in November.

2. Councillor Brian Robinson, Cabinet Member for an Efficient Control and Planning Policy, informed members that cabinet would consider a report detailing the council’s Treasury Activity to August 2011 at the cabinet meeting in October.

3. Later in the meeting, Leader of the Council, Councillor Patrick Molyneux, withdrew the report relating to item 15 of the agenda, (Information Security Policy), and said that the report would be considered at the cabinet meeting in October.

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 public questions were considered at the meeting: -

Question 1 – Car Park Charges

The following question was submitted by Mr Walt Williams;

Does not the Cabinet feel that car park charges are not suitable at this time, bearing in mind: -

a) The proposals are undemocratic in that the majority of the District is against them, especially the three main towns where the majority of the population lives, and also includes the vital retail services?

b) The statement made by a Councillor that ‘the portion of the population which do not own cars are unfairly having to contribute to their provision’ is completely bogus and illogical in that all society contributes to services which they are not using but where benefits filter down to them, socially and economically?

c) In section 4, the main difference between net generated income (212k) and the existing required maintenance and provision costs (163k), (bearing in mind that the latter is probably an underestimate, out of date and does not include inflation), is so small (49k) that only a small inaccuracy of estimate made reduction of use by people shopping elsewhere as well as the real but inestimable loss of trade and impact on tourism will completely overwhelm the benefits of this scheme? And,

d) That the financial downturn which was incoming at the last decision meeting in 2008 is still with us and any recovery so fragile for the next few years as stated by all financial forecasts, that the same decision, not to introduce charges, still holds sway.  

Response by Councillor Brian Robinson, Cabinet Member for Efficient Council and Planning Policy

Whilst there is an element of instability within the economy the Council’s financial situation has changed.  The anticipated level of charging was agreed as part of the 2011 budget and covers the £163,000 per annum running costs that we are already paying.  The income stream of £212,000 if not achieved through better management of our car parks will have to come through increased council tax or reduced service levels elsewhere. As councillors we have to make difficult decisions on the level of services we provide to all members of the community.

In response, Mr Williams asked the following supplementary question –

Apart from the fact that the business case is based upon only a 2 day survey which is scientifically inaccurate and makes the calculations completely untrustworthy, does not the council agree that the moral and financial concept for charging is indefensible in that;

Firstly, rather than non-car users supporting car users, it would now become the car users and the town’s traders supporting the rest of the population by alleviating the council tax burden through the charging and loss of trade. Both of these groups in themselves are already income generators for the district without this extra burden.

Secondly, bearing in mind the massive extra bureaucracy required for this service and in opposition to the answer given, if the current burden of car park maintenance is compared to  ...  view the full minutes text for item 6.

Leader of the Council, Councillor Patrick Molyneux, to invite non-executive members of the council to submit questions to cabinet. (A maximum of 15 minutes will be allocated to each meeting for this item). Each question must relate to an item on the agenda and should be relevant to the powers and duties of cabinet or to individual cabinet members. The questions must not refer to confidential, personal or any other information where the law requires the council to consider the matter in private, nor should it relate to a specific planning or licensing application.

To provide a complete answer, members are advised to submit their 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, said that he had not received any questions from non-executive members of the council. He reminded everyone that at cabinet meeting in July he had advised members to submit questions at least two working days before the meeting to ensure a full answer could be provided. The Leader said that he would, however, consider member questions relating to items on the agenda and pointed out that a report relating to item 11 of the agenda, (Management of Parking), would be considered in more detail later in the meeting. Several members proceeded to ask questions relating to this item.

Councillor Paul McMahon (Coleford East) expressed concern that not all members had read the information relating to the council’s proposal to introduce car park charges and asked whether or not members would have an opportunity to read the consultation document, (published on the council website the previous week), in more detail? Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, referred to the member briefing session that had been held on Monday 5 September 2011 and said that many of the concerns raised at the briefing would be incorporated into a document of frequently asked questions and answers and available on the councils website from Friday 9 September 2011. He said cabinet would not, however, be deferring the decision at tonight’s meeting.

Councillor Don Pugh (Pillowell) questioned some of the calculations relating to the proposals and said that he had been puzzled by the proposed costing structure. Councillor Robinson said that the calculations gave a clear indication of why it would be necessary for the council to introduce car park charges and that he would be happy to discuss the details with Councillor Pugh in more depth after the meeting. Councillor Pugh suggested that the proposed charges would create an additional tax on the already heavily burdened taxpayer. Councillor Robinson disagreed with this statement and said that the council had worked hard during the past four years to reduce council taxes and that this remained a key objective. He said that the introduction of car park charges was not a scheme for creating extra money but a new regime in how the taxpayer spent his income and in providing other options for the car user to consider, including walking, car sharing and using public transport.

Councillor Ian Whitburn (Drybrook) expressed particular concern about the impact of the proposals on visitors using the car park in Mitcheldean. Seeking reassurances from Councillor Robinson that the council might consider introducing free short-term parking, Councillor Whitburn informed members that there was only one public car park in Mitcheldean and this was shared by people visiting the nearby Doctor’s Surgery.  Councillor Robinson said that he was aware of the issues in Mitcheldean and that the council intended to liaise with Gloucestershire County Council and with town and parish councils to consider links between short term and on-street parking arrangements. 

Further questions relating to concerns about car park  ...  view the full minutes text for item 7.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report SD.76, outlining the council’s performance for the period April to June 2011. 

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report SD.76, outlining the council’s performance for the period April to June 2011. Key points highlighted in the report, included; a reduction in electricity consumption at the council offices; a reduction in the shortfall of planning fee income, which will hopefully improve further when anticipated large planning applications are received; a significant reduction in the level of sickness absence at the council offices, (currently the lowest level to date at 4.91days per full time equivalent per annum at the end of July); and the effectiveness of the work undertaken by the cross party Woodlands Advisory Group.

Following consideration of the report Councillor Martin Quaile, Cabinet Member for Environment, requested that the information relating to the ‘diversion of waste from landfill’ be looked at in more depth and was advised that an update would be included in the second quarter performance report at the November cabinet meeting. Referring to the new performance indicator relating to the number of Twitter and Facebook followers the council had received, Leader of the Council, Councillor Patrick Molyneux, said that it would useful for members to undertake training on this method of communication and suggested that the matter be referred to the Member Development Group for consideration at its next meeting. Cabinet noted report SD.76.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to review the council’s current Medium Term Financial Plan. Please refer to report F.127

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, gave an overview of the council’s current Medium Term Financial Plan, as detailed in report F.127. (This item was considered after the cabinet had resolved the recommendations in report F.124, relating to item 11 of the agenda, Management of Parking).

Councillor Robinson outlined the some of the challenges currently faced by the council. He said that, despite the decision not to increase council taxes, he believed there had been no significant loss in the services provided by the council. Furthermore, the budget plan set up in February 2011 provided a clear indication on how the council intended to deliver the necessary changes required to meet the reduction in government grant, the main change being the introduction of car parking charges. He said this was particularly relevant, given the uncertainties surrounding further reductions in grant funding.

Leader of the Council, Councillor Patrick Molyneux, commended the work of the Budget Working Group and congratulated both the members and officers involved in this group in enabling the council to achieve a balanced budget. Cabinet noted report F.127 and,

RESOLVED to agree the process for developing the 2012/2013 budget

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report F.125, in respect of funding requests for: -

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report F.125, and outlined the requests for funding in respect of: -

10.1 Citizens Advice Bureau Additional Grant

10.2 Section 106 Planning Agreement – Payment of Interest

Councillor Robinson informed members that at the council meeting in April 2011, council had resolved that cabinet should reconsider the £10,000 reduction in funding to the Citizen’s Advice Bureau agreed in February 2011.  Additionally, cabinet was also asked to review the size of the grant reduction to the Forest Youth Workers’ Network.

Furthermore, at the council meeting on 14 July 2011, council had resolved that cabinet should recognise the exceptional circumstances surrounding the planning monies held by the council in relation to a new village hall for Hartbury Parish and to pass on any investment income earned on those monies along with the principal sum when it became due.

Councillor Robinson confirmed that, after the closure of the final accounts, the council had a working balance of £8,020 above the minimum working balance figure reported in the 2011/2012 budget setting process.

Conscious that the amount of available funds was not as much as council might have hoped for, Councillor Robinson suggested that a third of the allocation should be awarded to the Forest Youth Workers Network and the other two thirds to the Citizen’s Advice Bureau (CAB). To ensure that the council achieved good value for money in the award the funding, Councillor Robinson said that it was important to identify the additional activities the Citizen’s Advice Bureau would provide and to ascertain how the money would be spent.

Councillor Martin Quaile, Cabinet Member for the Environment, said that he was disappointed that the CAB had been unable to take up any of the suggestions offered by the council in March 2011, including the shared use of the council buildings. In response, Councillor Di Martin said that she believed the CAB had done everything possible to reduce it’s overheads and highlighted the value of reintroducing drop-in advice sessions. Councillor Don Pugh said that he would have preferred more funding to have been offered and expressed concern that the CAB would have to priortise the allocation of money. He also said that the offer to use the council offices had been considered but that the costs involved were too high.

Leader of the Council, Councillor Patrick Molyneux, said that the council recognised the importance of the work of the CAB but that it was equally important for the council to be informed of how the proposed funding was used. With this is mind, Cabinet Member for Efficient Council, Councillor Brian Robinson, proposed the release of monies to provide the additional funding, subject to the council being informed of what additional activities the funding was likely to provide. This was noted and cabinet,

RESOLVED to release funds of £8,020 to provide additional funding to the Citizen’s Advice Bureau and Forest Youth Workers Network in proportion to the loss of funding identified at the full council meeting on 14 April 2011 and to ask officers to enter negotiations with the relevant parties to confirm what additional work would be delivered for this funding.

Councillor Brian Robinson, Cabinet Member for Efficient Council, referred to report F.125 and said that the payment of interest on planning agreements had been investigated by the council’s Joint Scrutiny Committee, where it had been agreed not to recommend that council change it’s current policy. Councillor Robinson informed members that, at this stage, the council was not in a position to award funding interest on the planning monies for the creation of a new village hall at Hartpury and proposed that, whilst noting the contents of the report, cabinet defer the decision and bring back to a future meeting, when the planning monies where sue to be paid and at which time a view could be taken on availability of funds. Councillor Robinson believed it was wrong for cabinet to make the decision at this moment in time and that it was not an option to delegate the decision to officers when no funding was available. Although sympathetic with Hartpury Parish, Councillor Robinson said that funding could only be released when a viable scheme was available.

Ward member for Hartpury, Councillor Philip Burford, was very disappointed with this proposal and questioned the reasoning behind the decision, particularly when taking into account the recommendation made at the full council meeting on 14 July 2011. Councillor Burford said that without the necessary funding, Hartpury Village Hall Trust Committee was likely to encounter significant problems in trying to secure match funding and therefore urged cabinet to reconsider the proposal and give an indication of the amount of funding to be provided.

Leader of the Council, Councillor Patrick Molyneux, reflected on the decision made at the joint scrutiny committee meeting in early 2011 and said that it would be unwise to set precedent. He also said that it would be an unrealistic burden for cabinet to award funding at this stage. Councillor Robinson said that with no scheme on which to base the decision, cabinet would be making a theoretical decision with little or no justification. On this basis, cabinet, 

RESOLVED to note the contents of report F.125 and to reconsider the request for funding when Hartpury Village Hall Trust Committee had submitted a viable scheme to the council

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, to present report F.124. Cabinet to consider proposals relating to the management of council owned car parks in the Forest of Dean.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report F.124, relating to the management of council owned car parks in the Forest of Dean and referred to the responses to the public questions and member’s concerns considered during the earlier part of the meeting.

Outlining the background to the report, Councillor Robinson said that the proposal to introduce charging in council owned car parks had been considered on several occasions, the most recent of which had been in 2008, where the business case for introducing car park charges had been agreed but whose implementation had been deferred due to the on-set of the economic recession. Councillor Robinson said that increased financial constraints and the need to make significant savings offered the council little alternative other than to consider the matter again, albeit conscious of the contentious and sensitive circumstances surrounding the proposals. Aware that the decision could split council opinion, Councillor Robinson reminded members of the medium term financial plan that had been agreed at the council meeting in February 2011.

Outlining each of the proposals in detail, Councillor Robinson reported two amendments to recommendation c), approve the initial tariff as set out in paragraph 3.5.3 of the report, which was amended to i) increase the charge for more than four hours from £1.50 to £2.00 and ii) increase the discount for season ticket holders from 25 to 50 per cent.

Responding to member’s concerns, Councillor Robinson said it was unviable for the council to offer a period of free parking but that the purchase of a resident’s permit, (charged at £50.00 per year), would allow local residents to park free from 6pm to 8am. Councillor Robinson outlined some of the benefits that could be anticipated from introducing charging, including the freeing up of the councils car parks from inappropriate parking. Taking into consideration the comments made during this meeting and at the all member briefing on Monday 5 September 2011, Councillor Robinson informed members that a document of frequently asked questions and answers would be published on the council’s website the following day. A comment made at this meeting was a request from fellow cabinet member, Councillor Terry Hale, Cabinet Member for Community, to consult with Redbrook Parish Council on specific issues relating to resident’s parking in Redbrook.

Leader of the Council, Councillor Patrick Molyneux assured members that the council would consult with all interested parties, including town and parish councils and local businesses. He said that it was the council’s duty to ensure that the assets of this authority were managed to the best possible standard. On this basis and subject to the amendments to recommendation c), cabinet

RESOLVED to 

a)     proceed with the regulation of parking in the identified car parks with effect from 1 July 2012;

b)     make appropriate Parking Orders, subject to the statutory consultation to allow the implementation of charges;

c)      approve the initial tariff as set out in paragraph 3.5.3 of this report; (subject to the  ...  view the full minutes text for item 11.

Leader of the Council, Councillor Patrick Molyneux, to present report CSW.14, detailing changes to the council’s tourism strategy.

Leader of the Council, Councillor Patrick Molyneux, presented report CSW.14, detailing changes to the council’s tourism strategy. Councillor Molyenux informed members that the report outlined the way the Forest of Dean was currently managed as a tourism destination in relation to the Government Tourism Policy 2011. The report also detailed the council’s revised team structure and options for how the council could best manage the tourism industry in the future. In essence, cabinet to consider improved partnership working and better use of resources as part of the council’s Tourism Strategy.

Councillor Molyneux outlined the options at Annex A of the report and said that options seven and eight were considered to be the most effective in meeting the desired outcomes, with the latter being the preferred partnership option. Responding to questions, the Leader confirmed that the proposal would not be an exclusive working partnership and that in time, work and specific projects would be extended to Herefordshire and Monmouthshire. Clarifying that recommendation b) would approve the proposed strategy in principle, whilst allowing the council’s Commercial Services Manager to work on options seven and eight, the Leader said that the report was seeking a mandate to explore the range of options available to the council to promote and raise the profile of the Forest of Dean as a tourist destination. Cabinet accepted the recommendations and,

RESOLVED to,

a)     Note the removal of the Forest of Dean from the existing Destination Management Organisation

b)      Agree that further work should be undertaken to consider options 7 and 8 and that a further report should be taken in order to shape a tourism strategy for 2012 onwards

c)      Agree a twelve month extension to the current contract for our tourism website software, hosting and support

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy to present report F.126, seeking cabinet approval of proposals relating to council property assets and agreements.

Councillor Brian Robinson, Cabinet Member for an Efficient Council and Planning Policy, presented report F.126, seeking cabinet approval of proposals relating to council property assets and agreements. Councillor Robinson outlined each of the asset management proposals in detail and informed members of additional information relating to recommendation 3 of the report. Members were advised that the vehicular access easement at 90 High Street, Cinderford had been valued and agreed with the owner’s solicitors at £2,000 per annum, subject to contract and cabinet approval and to periodic review.

Councillor Robinson also reported a variation to point 1.2 of the report and informed members that the terms of the lease for units at the Forest Vale Industrial Estate, (former Meadows Moulding Building), had been amended from 20 to 21 years with breaks at years 7 and 14 of the lease. He informed members that the proposed NHS renal unit at the site needed council permission to grant a sub-lease of the premises. As such, the suggested conditions related to sub-leases for contractors providing renal services only and any other proposed sub-leases required separate cabinet approval.

Councillor Robinson said that recommendation 5 of the report, raising the delegated authority limit of officers for granting leasehold tenancies from £10,000 to £25,000 per annum, would hopefully make the process of leasing properties more straightforward and less time-consuming. Referring to use of the old housing reception by the Royal British Legion, Councillor Robinson suggested that the building be cleaned and ready for use by the British Legion, who should in turn be advised to leave the building in the same condition on their departure.

Cabinet noted the recommendations and, subject to the amendments reported at the meeting,

RESOLVED to approve the following asset management actions, subject to the amendments made at the meeting: -

1.      Grant leasehold tenancy of units on Forest Vale Industrial Estate.

2.      Grant free use of the old housing reception for two weeks prior to Armistice Day by the Royal British Legion.

3.      Grant a vehicular easement right to the owner of 90 High Street, Cinderford,

4.      Dispose of the closed St. Briavelspublic toilets at best value by auction.

5.      Raise the delegated authority to officers for granting leasehold tenancies from £10,000 to £25,000 per annum

Cabinet to consider the local lettings plan agreement for new housing development at Higher Lydney. Councillor Terry Hale, Cabinet Member for Community, to present report PH.78.

Councillor Terry Hale, Cabinet Member for Community, presented report PH.78, seeking cabinet approval of the local lettings plan agreement for a new housing development comprising 200 homes at Higher Lydney. Councillor Hale summarised the report and said that the scheme would be the first of several sites to be developed for residential development on land to the east of Lydney over the next decade.

Councillor Di Martin stressed the importance of the decision and questioned whether the scheme would set a precedent in how properties would be let in the future and whether it deviated from current practices. Strategic Housing Manager, Malcom Vine, said that the scheme was not a total deviation from the Gloucestershire Homeseeker Policy but could involve losing potential short term housing solutions for some households. He informed Councillor Martin that the lettings scheme had been considered necessary in order to achieve a balance between meeting immediate needs and in safeguarding the viability of the development as a community in the long term. Councillor Hale confirmed that the decision had been a shared decision and intended to be proactive rather than reactive.

Questioning whether the decision should be considered a ‘key cabinet decision’, Councillor Philip Burford said that it might be useful to review the definition of ‘key decision’. Monitoring Officer, Marie Rosenthal clarified the legal definition of the term and said that in this instance the decision could be classified a key decision.

The Strategic Housing Manager advised cabinet that the lettings plan could be reviewed and adapted over time. Furthermore, the scheme had evolved from a major planning application that had been considered by the Development Control Committee, who had welcomed the proposals. On this basis, cabinet noted the report and,

RESOLVED to adopt the Higher Lydney Local Lettings Plan as set out in Annex A of report PH.78

Cabinet to consider adoption of the council’s Information Security Policy and Procedures. Leader of the Council, Councillor Patrick Molyneux, to present report LD.365.

This item was withdrawn from the agenda and will be considered at the meeting in October.

Councillor Patrick Molyneux, Leader of the Council, to present report LD. 366, seeking cabinet approval of the council’s: -

Data Protection Policy - Annex A

Data Security Breach Management Policy - Annex B

Councillor Patrick Molyneux, Leader of the Council, presented report LD. 366, seeking cabinet approval of the council’s Data Protection Policy at Annex A and Data Security Breach Management Policy at Annex B.

Councillor Molyneux summarised the report and stressed the importance of the council having a proper policy in place for data protection and a policy on how to deal with breaches of data protection. Outlining the data protection principles stipulated under the Data Protection Act 1998, Councillor Molyneux informed members that it was essential for the council to ensure all personal data was fairly and lawfully processed; processed for specific and lawful purposes; adequate, relevant and not excessive; accurate and up to date; not kept for longer than is necessary; processed in accordance with the data subject’s rights; secure and not transferred to countries outside the European Economic Area unless an adequate level of protection is ensured or an exemption applies.

Monitoring Officer, Marie Rosenthal, reinforced this statement and confirmed that, when acting on behalf of the council or representing residents from their wards, elected members were required to comply with the principles of data protection and remain vigilant in processing personal information. She referred to the guidance notes in the Councillor’s Handbook and informed members that under the Data Protection Policy they were required to register as Data Controllers when processing personal data. Expressing concern about the uncertain position of some independent members, (not registered under the political group umbrella registration process), the Monitoring Officer highlighted the legal implications of failing to do so and advised members to ensure that they were registered. She also said that, following a recent government announcement the requirement for councillor’s registration might change. On this basis, the Leader of the Council proposed that delegated authority be given to Monitoring Officer Marie Rosenthal, (in the capacity as Group Manager for Legal, Democratic and Human Resources), to amend the current policy to reflect any changes.

Conscious of several concerns emerging from the meeting, the Monitoring Officer advised members that a training session would be held later in the year, (24 November 2011), to offer guidance on the matter. Furthermore, she agreed that an information email be circulated, informing members of the need to register as Data Controllers and that registration be completed at the same time, rather than individually. Cabinet noted the report and,

RESOLVED that,

a)     The Data Protection Policy be adopted with effect from 1 October 2011

b)     The Data Security Breach Management Policy be adopted with effect from 1 October 2011

c)      Delegated authority be given to the Group Manager for Legal, Democratic and Human Resources to amend the Data Protection Policy if changes are made to the requirement for councillors to register as Data Controllers

Councillor Patrick Molyneux, Leader of the Council, to present report LD.367, seeking cabinet approval of the council’s Enforcement Policy.

Councillor Patrick Molyneux, Leader of the Council, presented report LD.367, seeking cabinet approval of the council’s revised Enforcement Policy. Councillor Molyneux said that the council’s current obligations had been updated to incorporate new national guidance and to reflect the changes in the development control enforcement protocol, as agreed by the council’s Development Control Committee. Furthermore the policy reflected changes in the benefit fraud prosecutions in accordance with the Department of Work and Pensions Standards. Councillor Molyneux said that the main aim of the policy was to create a more comprehensive document. Cabinet noted the report and,

RESOLVED to adopt the Enforcement Policy with effect from 1 October 2011

As part of the council’s flood defence activities, Councillor Martin Quaile, Cabinet Member for Environment, to present report E.36, outlining the council’s Sandbag Policy.

Councillor Martin Quaile, Cabinet Member for Environment, presented report E.36, detailing changes to the council’s policy regarding the provision of sandbags during flooding emergencies. Councillor Quaile said that, until recently, during periods of heavy flooding the council had endeavoured to provide manual assistance to householders who were either flooded or at risk of flooding.  However, in providing this service, it had not always been possible to prioritise requests for assistance and in some cases not always possible to offer the help being sought.  Councillor Quaile informed members that the provision of sandbags was a discretionary service. Conscious of the need to make reductions in the council’s workforce, he said that it was increasingly unlikely that the council would have the capacity to deliver sandbags to individual properties. 

Councillor Quaile confirmed that at the last cross-party cabinet flood task group meeting the matter had been discussed and members had agreed that, having given due notice to the community, the council should withdraw its sandbag delivery service. He said that on this basis, the current policy required updating to clarify the council’s responsibilities and to consider the impact on the community. This would not, however, prevent the council from providing help to the elderly, vulnerable or disabled residents in certain circumstances.

Responding to concerns that during the flooding emergencies in 2007 the provision of sandbags had been an invaluable service and one that local residents had been extremely grateful for, Councillor Quaile said that he hoped the revised policy would assist in regulating the service and in managing expectations.

Strategic Director, Peter Hibberd, assured members that, in essence, nothing in practice would change and that the revised policy was a subtle realignment of the council’s commitment to providing assistance in times of flooding emergencies. He said that the levels of expectation that had been created by the existing policy had become increasingly difficult to deliver and that the revised policy offered a more realistic service. Cabinet noted the report and,

RESOLVED to agree the proposals set out in paragraphs 5.2 and 6 of report E.36

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

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

To confirm the exempt minutes of the meeting held on 7 July 2011

The exempt minutes of the meeting held on 7 July 2011 were confirmed as an accurate record of that meeting.

13 October 2011.

Should the business at the meeting on 8 September 2011 not be completed, cabinet will reconvene at 5.30pm on Wednesday 14 September 2011.

13 October 2011