To approve as a correct record the minutes of the last meeting held on 24 November 2009 (copy to follow).

RESOLVED

that the Minutes of the meeting of the Sustainable Communities Overview and Scrutiny Committee held on 24 November 2009 be confirmed and signed by the Chairman as a correct record.

To receive from Members declarations and the nature thereof in relation to:

(a)       Personal Interests in any agenda item.

(b)       Personal and prejudicial Interests in any agenda item.

(c)        Any political whip in relation to any agenda item.

To receive any announcements from the Chairman and any matters of communication.

None.

To receive petitions from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

No petitions were received from members of the public in accordance with the Public Participation Procedure as set out in Annex 2 of Part A4 of the Constitution.

To receive any questions, statements or deputations from members of the public in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

No questions, statements or deputations from members of the public were received in accordance with the Public Participation Procedure as set out in Annex 1 of Part A4 of the Constitution.

To consider any matter referred to the Committee for a decision in relation to the call-in of a decision.

No matters were referred to the Committee for a decision in relation to the call-in of a decision.

To consider any items referred to the Committee at the request of a Member under Procedure Rule 3.1 of Part D2 of the Constitution.

No items were referred to the Committee for consideration at the request of a Member under Procedure Rule 3.1 of Part D2 of the Constitution.

To seek the support of the Committee for the Development Strategy Task Force’s recommended shortlist of sites for Gypsy and Traveller accommodation in the north of Central Bedfordshire and, following consideration, make a recommendation to the Portfolio Holder for Sustainable Development.

Members considered a report which sought the Committee’s support for a recommended shortlist of possible sites for Gypsy and Traveller accommodation within the north of Central Bedfordshire.  The report was introduced by the Chairman of the Development Strategy Task Force, the body tasked with the job of drawing up the shortlist.

The Chairman of the Task Force reminded the meeting that the search for possible Gypsy and Traveller sites for inclusion within the Gypsy and Traveller Development Plan Document (DPD) had first begun under the former Mid Beds District Council and that, subsequently, additional possible sites had become available when former Bedfordshire County Council land transferred to Central Bedfordshire under the recent local government reorganisation.  The Chairman stated that, following the adoption of a set of criteria and scoring system against which sites would be considered by the Committee in September, the Task Force had attended a bus tour of the north of Central Bedfordshire and visited a selection of sites to consider their potential, including those which had scored the highest under the adopted criteria/scoring system.  The tour had been followed by two meetings, including one with representatives of town and parish councils, following which the recommended shortlist had been produced.  The Chairman stated that the criteria/scoring system had been adhered to and revisions made to the draft shortlist following input from both Members and officers.  The resulting recommended shortlist of 11 sites would accommodate 40 permanent pitches and two transit pitches.  The Chairman advised that the Committee was able to accept, reject or amend the shortlisted sites as it wished.  Any recommended sites would go forward to the Portfolio Holder for Sustainable Development and a six week public consultation period would take place before further consideration took place by Members.  Public examination under an Inspector appointed by the Secretary of State would ultimately follow.

The Chairman of the Task Force then stressed to the meeting that the work which had been undertaken towards drawing up the DPD had been carried out in order to meet Government requirements.  If the Council failed to undertake this the Inspector could not only find the Council’s DPD “unsound” but could also either require the Council to begin the process again or allocate sites from those previously considered by the Council.

The Chairman of the Committee expressed the Committee’s thanks to both Councillor Snelling, as the Chairman of the Task Force, and to all members of the Task Force, for their hard work and the production of the shortlist.  He asked that this be recorded.

A query arose regarding changes made to the scores awarded to some sites since the last Task Force meeting and whether this affected the validity of the scoring procedure.  In response the Head of Development Plan confirmed that the scores had been amended but explained that this had not been to the extent that it had altered the recommended short list.

The Chairman then reiterated the approach taken by the Task Force, how the Council was required  ...  view the full minutes text for item 8.

To consider the draft budget Medium Term Financial Plan for 2010/11 to 2014/15 and submit any comments and recommendations to the Executive budget meeting on 9 February 2010.

The Committee considered a report which set out the draft budget Medium Term Financial Plan for 2010/11 to 2014/15.  Members noted that the report had originally been submitted to the Executive on 8 December 2009 when it had been agreed that the proposals within it should form the basis for consultation with the Council’s Overview and Scrutiny Committees.  Members further noted that the Committee’s comments, if any, were sought with particular reference to those parts of the report relating to the Sustainable Communities Directorate.  These would be submitted to the Executive for consideration at its meeting on 9 February 2010 when the Executive would recommend a budget to full Council.

Members noted that the budget needed to address the following issues:

• The priorities of the Council and the allocation of resources to deliver those priorities.
• Changes to the Medium Term Financial Plan (revised assumptions and facts).
• The Revenue Budget for 2010/11, including reserves.
• The Capital Programme for 2010/11.
• The consultation process and the incorporation into the budget of issues raised and accepted.

The Assistant Director Financial Services introduced his report to Members during which he drew their attention to the financial pressures being experienced within the Council as a result of the affect of the “credit crunch”, harmonisation and other factors.  He explained that approving the proposed efficiencies identified as ‘green’ and ‘amber’ as set out within Appendix C to his report would enable the pressures to be incorporated into the 2010/11 budget.  The Assistant Director also referred to Directors’ growth proposals for 2010/11 to 2014/15 set out in Appendix E to his report and Members noted that it would be possible to meet all but £0.782m of the proposed growth through the efficiencies identified as ‘red’ within Appendix C.  The officer advised that these efficiencies were the more difficult to implement and would have a greater impact.  As such there would need to be full consideration of the benefits of growth set against the impact of the efficiency.

The meeting then worked through the report with Members raising a number of issues for lengthy and thorough discussion.   Amongst the issues raised the meeting expressed concern regarding what was perceived as a lack of information to enable Members to judge whether or not inefficiencies existed.  In addition comment was made regarding the provision of new ICT equipment to Members when existing hardware was still adequate and which, it was suggested, gave the impression of a culture of waste.

With reference to efficiency proposals within the Sustainable Communities Directorate Members expressed particular concern regarding the possible introduction of charges for the collection of garden waste.  Members felt that this would not only be unpopular with the public but could lead to an increase in fly tipping or the use of household waste bins for the disposal of garden waste.  In response the Director of Sustainable Communities explained that the provision of the service was discretionary and the Council was free to impose a collection charge if it wished to.  Furthermore, although  ...  view the full minutes text for item 9.

To consider how the Council should implement its environmental duties under the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005 and associated legislation and make its comments and views known to the Executive meeting on 12 January 2010.

The Committee considered a report regarding how Central Bedfordshire Council, through the Sustainable Communities Directorate, should implement its duties under the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005 and associated legislation. The Assistant Director Community Safety and Public Protection explained to the meeting that the aim was to harmonise the different policy approaches previously adopted by the legacy authorities.  As such the report proposed a new policy approach of prevention, intervention and enforcement applied under the ‘fair regulation’ principles of proportionality, consistency, transparency and coupled with the appropriate targeting of enforcement in the context of local circumstances.

Members noted that the meeting was not being asked to consider the organisational arrangements required for the enforcement of the legislation as it was proposed that this was undertaken as part of the organisational review within the Sustainable Communities Directorate.  In addition the Assistant Director stressed that the meeting was not being asked to consider the development of a uniformed or visible presence as this would be the topic of a separate report to the Committee in February.

In response to a Member’s query regarding the need to ensure clarity for the responsibility of enforcement the Assistant Director stated that, in order to achieve this, it was proposed to enter in to a new memorandum of understanding with the Environment Agency.

The Chairman commented that the principles of ‘total place’ needed to be considered within the context of the report and that, during further consideration of the manner in which these services were delivered by the Council, the Committee should consider how communication with the public was undertaken.

RECOMMENDED to Executive that it:

1          agrees the new policy approach for undertaking the Council’s duties and responsibilities under the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005 and associated legislation; in line with the ‘Working Better Together’ Memorandum of Understanding agreed between the Local Government Association and Environment Agency and as set out in the report of the Portfolio Holder for Safer and Stronger Communities.

2          in agreeing the approach outlined in recommendation 1 above, delegates authority to the Director of Sustainable Communities in consultation with the Portfolio Holder for Safer and Stronger Communities to negotiate a new local agreement, to suit local circumstances, with the Environment Agency.

To consider and agree the Committee’s current Work Programme and examine the need to establish any additional Task Forces.

The Committee considered a report by the Overview and Scrutiny Officer which asked the meeting to consider the Committee’s current work programme for the 2009-2010 municipal year and beyond and sought any comments and amendments.  In addition Members were asked to consider an indicative work programme for the Development Strategy Task Force for the same period.

RESOLVED that the work programmes for both the Sustainable Communities Overview and Scrutiny Committee and the Development Strategy Task Force, as submitted by the Overview and Scrutiny Officer, be approved and adopted.