Agenda and minutes

To receive apologies for absence.  

Apologies for absence were received from Councillor Tessa Ward. 

To adopt and sign as a correct record the minutes of the meeting of the Executive held on 22 November 2005, (previously circulated). 

The minutes of the meeting of the Executive held on 22 November 2005 were adopted and signed as a correct record. 

To receive any declarations of Personal or Personal and Prejudicial Interests in respect of items on the agenda for this meeting. 

In accordance with Part 2 of the Local Code of Conduct and the provisions of Standing Order 34, any Member with a personal interest must disclose the existence and nature of that interest to the meeting prior to the matter being debated.  Where that personal interest is also a prejudicial interest, then the Member must withdraw from the room in which the meeting is being held and not seek improperly to influence any decision about the matter unless he/she has obtained a dispensation from the Standards Committee.

Councillor Roz Smith declared a personal interest in the urgent item – New Skate Park - Recycling Plan Update, as her children were skateboarders (minute Ex.163 refers). 

To receive notification of any matters which the Chair determines should be considered as urgent business and the special circumstances which have made the matters urgent, and to receive any announcements from the Chair.

The Chair accepted five items as matters of urgent business in order that they could be considered before the next meeting.  These related to the NewSkatePark (minute Ex.163 refers), Limborough Road Compulsory Purchase Order (minute Ex.164), an Exempt Property Matter (minute Ex.166), Procurement of Halls Management (minute Ex.167) and the Appointment of a Consultant for the PPG17 Assessment and Production of Parks and Open Spaces Strategy (minute Ex.168). 

The Chair also announced that a letter had been received from Faringdon Town Council, regretting the Executive's decision to cut funding for travel tokens and tourist information centres.  He read out the letter which expressed concern at the significant additional burden this had placed on the Town Council's finances and requested that the Executive informed the Town Council of any budget proposals that would affect the Town Council's finances before it set its own Precept.    The Chair agreed to respond in writing to the Town Council.  He reported that he would endeavour to inform the Town Council as far as he was able but this Council would have to live within its means. 

The Chair slightly re-arranged the order of the agenda but in accordance with standard practice, the minutes are recorded here in the order of the agenda. 

Any statements and/or petitions from the public under Standing Order 32 will be made or presented at the meeting. 

Lesley Legge made a statement in support of retaining all options for community use of the Old Gaol in Abingdon.  She had organised a public meeting to discuss the future of the Old Gaol and reported that this had generated a lot of interest, ideas and commitment.  The Old Gaol was seen as an important building in an important site connecting the town centre and the river.  She reported that a need for community use had been demonstrated and a group of individuals was looking at forming a charitable trust to take forward some of the ideas.  She urged the Executive not to discount any of the community or cultural use options before the group these had been evaluated by the group. 

Any questions from members of the public under Standing Order 32 will be asked at the meeting.

A question had been lodged by Mr Les Clyne to the Leader of the Council.  A written answer had been requested: 

"What level of one off capital and ongoing revenue expenditure from financial year 2006/07 onwards is the Vale of White Horse District Council willing to give if an arts and/or youth and/or community centre were built on part of the Old Gaol and surrounding site, taking into account the ABL 2005 study and the high degree of public interest in developing the Old Gaol for community use as evidenced by large attendances at two recent public meetings held in Abingdon?"  Mr Clyne believed that this would open out option 2 in the report before the Executive. 

The Chair thanked Mr Clyne for his question and undertook to reply in writing.  

None

None

(a)        Council – 19 October 2005

At the meeting of the Council held on 19 October 2005, Members referred the following motion to this December meeting of the Executive for determination:

Motion proposed by CouncillorMatthew Barber, seconded by Councillor Roger Cox:

"This Council expresses its sympathy for local residents who have been distressed by the collapse of a privately owned wall at the entrance to CoxwellGardens in Faringdon.  This Council is grateful for the action already taken by officers in making the wall safe by the erection of scaffolding on the site. This Council is determined to see the satisfactory resolution of the situation for local residents, and to this end will use its legal powers to carry out the work to repair the wall and remove the scaffolding, and recharge the cost to the owners of the wall. This will be done at the earliest opportunity."

The Council also asked that the motion was considered alongside an officer report on the costs and report 194/05 from the Assistant Director (Building Control) is attached. 

(b)               Strategic Review Committee – 8 November 2005

The Strategic Review Committee, at its meeting on 8 November 2005, considered report 172/05 of the Assistant Director (Housing and Community Safety) – Review of Home Renewal Grants Policy resolved as set out below. 

A copy of a briefing note from the Assistant Director (Housing and Community Development) is attached. 

RESOLVED

That the Executive be recommended

(a)               (by 14 votes to nil) to recommend Council adopt the following principles in agreeing a [home renewal] grants policy;

·         that grants should only be offered where there are no alternative funding streams available

·         that grants should only be offered to persons who are unable to fund the necessary works themselves and that applications should be means tested to ascertain this.

·         that grants should be targeted towards achieving the greatest benefit to the community and the built environment of the district.

·         that grant above a material level should be repayable to the Council as interest free loans

·         that the Council should seek to establish a comprehensive grants policy and seek to manage this within a set budget by prioritising accordingly

(b)        (by 13 votes to 1) that it notes and agrees that the following essential Discretionary Housing Grants be added to the Council’s Discretionary Grants Regime (as detailed in Appendix 2 to report 172/05 and  attached for information):

(i)         A grant to address essential repairs where works are of an urgent nature for specified eligible applicants. The total grant (including successive applications) will be a maximum of £10,000 over a three year period.  Grants over £5,000 (including successive applications) will be repayable if the property is sold or there is a change of title;

(c)        (by 14 votes to nil) to accept the principle of the grants budget being prioritised so as to allow for mandatory grants to be given preference over discretionary grant spend; and

(d)        (by 14 votes to nil) to receive  ...  view the full agenda text for item 151.

(a)        Council – 19 October 2005

(Time: 2.40pm to 2.42pm)

At the meeting of the Council held on 19 October 2005, Members referred the following motion to this December meeting of the Executive for determination:

Motion proposed by CouncillorMatthew Barber, seconded by Councillor Roger Cox:

 "This Council expresses its sympathy for local residents who have been distressed by the collapse of a privately owned wall at the entrance to CoxwellGardens in Faringdon.  This Council is grateful for the action already taken by officers in making the wall safe by the erection of scaffolding on the site. This Council is determined to see the satisfactory resolution of the situation for local residents, and to this end will use its legal powers to carry out the work to repair the wall and remove the scaffolding, and recharge the cost to the owners of the wall. This will be done at the earliest opportunity."

The Council also asked that the motion was considered alongside an officer report on the costs.  The Executive received and considered report 194/05 from the Assistant Director (Building Control), which looked at the legal powers and actions available to the Council in order to achieve a satisfactory resolution to the condition of the boundary wall at CoxwellGardens, Faringdon. 

Members noted that on 21 October 2004, the Council's Building Control Service responded to a report of a potential dangerous structure incident at 35 Coxwell Street, Faringdon.  This was adjacent to a communal and privately-owned area of tarmaced parking and blocks of garages.  A wall formed the boundary between this area and a grass verge adjacent to a public pavement and highway.  Building Control officers had carried out the Council's statutory duty and arranged scaffolding to the highway side of the structure. 

Three options were put to the Executive as alternatives to the structural shoring of the wall:

·         Option 1 - Bound-off the site by hoardings.  This could be costly and as unproductive and unsightly as scaffolding

·         Option 2 - Demolish the offending wall.  This could provide an aesthetic, permanent and relatively economical solution

·         Option 3 - Rebuild the wall.  This could be complicated, time-consuming and expensive depending on co-operation of owners

CouncillorRoger Cox was invited to address the meeting.  He supported the recommendations set out in the report, believing that a cautious approach should be taken.  Members of the Executive agreed with him. 

RESOLVED    (by six votes to nil)

(a)        that the Assistant Director (Building Control) consults fully and adopts a cautious approach to carrying out repair work to the wall at 35 Coxwell Street, Faringdon, removing scaffolding or recharging costs in order to avoid litigation or potential trespass on private land and property;

(b)        that the Council’s legal powers and options be considered in taking action to resolve the condition of the wall; and

(c)        that the Assistant Director (Building Control) establishes the legal owners of the property and negotiates a mutually acceptable solution to  ...  view the full minutes text for item 151.

None

None

Members are requested to consider any significant budget variances and any requests for virement or permanent budget adjustment.  A schedule of virements and permanent budget adjustments is attached. 

(Time: 2.44pm to 2.47pm)

The Executive received and considered requests for six virements, totalling £41,500, to be approved by the Executive, together with four Permanent Budget Adjustments, totalling £85,520.  Members agreed to the requests.  

RESOLVED    (by six votes to nil)

(a)        that the requests for virements and permanent budget adjustments be approved, as set out in the agenda report; and

(b)        that the Executive be advised when the consultancy work has been completed on the air quality update screening assessment. 

To receive the Forward Plan containing Executive decisions to be taken from December 2005 to March 2006. 

Recommendation

that the Forward Plan be received. 

(Time: 2.47pm to 2.48pm)

The Executive received the Forward Plan containing Executive decisions to be taken from December 2005 to March 2006.  Members requested that an entry was made for the next Forward Plan to show that the Budget would be considered by the Executive in February 2006.  With regard to the entry 'Local Transport Plan' for January 2006, Members noted that the consultee would be amended to Councillor Tessa Ward for the next Forward Plan.  The Five Year Audit Plan would be considered by the Executive in February 2006. 

RESOLVED

that the Forward Plan for December 2005 to March 2006 be received. 

To receive and consider report 188/05 of the Strategic Director. 

(Time: 2.54pm to 3.05pm)

The Executive received and considered report 188/05 of the Strategic Director regarding options for the future use of the Old Gaol in Abingdon.  Members recalled that on 2 September 2005 the Executive accepted the findings of a consultant's report and feasibility study.  The consultant, ABL, had concluded that the financial cost of developing and operating such a facility was effectively prohibitive for this Council in isolation. 

The study had indicated that the cost to this Council to develop the Old Gaol as a cultural centre would be £10-16 million in capital, with a further annual revenue commitment of £0.3-1.2 million, depending on the option selected.  The Executive had concluded, with regret, that it could not afford, in isolation, the capital and revenue costs of the proposal.  Both the County and Town Councils had reached similar conclusions.

The Executive considered the options now available to this Council for the future use of the Old Gaol and associated land and buildings.  Members noted that the option of developing the site as a cultural and/or leisure facility was not considered in the report as this was fully explored and discounted by the Executive in September 2005.  The options identified in the report now before the Executive were:

·         Option 1- Sale of freehold or leasehold to maximise capital receipt

·         Option 2- Sale of freehold or leasehold to generate capital receipt, but secure a degree of public access

·         Option 3 - Retain ownership for Council development of the site.

The possibility of developing the asset for a use other than that which was market orientated was limited due to the inherent nature of the site, the buildings resting on it, the statutory restrictions which directed potential uses, and the potential costs of development. 

Members believed that the Council could not afford to retain the site and develop it (option 3).  They favoured option 2, selling or leasing the site to maximise capital receipt but aiming to secure a degree of public access without seriously jeopardising the asset value.  Members urged caution in the degree of public access that could be achieved, warning that affordability and sustainability were key factors to be considered.  It was also noted that it might be difficult to reach any firm position quickly.  Another Member stressed the need to strike a balance between a one-off commercial advantage for a short term gain and the longer term benefit to the people of the town and tourism.  He hoped that this could be built in to the solution. 

RESOLVED    (by six votes to nil)

(a)        that it be confirmed that option 3 (retaining ownership of the Old Gaol in Abingdon for Council development of the site) is not affordable;

(b)        that option 2, the sale of freehold or leasehold to generate capital receipt but securing a degree of public access, be deemed to be the preferred option for the future of the Old Gaol; and

(c)        that authority be delegated to the Chief Executive in consultation  ...  view the full minutes text for item 155.

To receive and consider report 189/05 of the Directors' Group. 

(Time: 3.05pm to 3.10pm)

The Executive received and considered report 189/05 of the Directors which looked at corporate governance for the second quarter of 2005/06, in particular, the key areas of:

·         Key issues

·         CPA Improvement Action Plan monitoring

- Corporate

            - Housing

            - Open Spaces

            - Implementing Electronic Government (IEG)

·         Best Value Performance Indicators

·         Local Performance Indicators linked to priorities for improvement

·         Financial Information

·         Key staffing data

Members noted that a small number of schemes had slipped significantly, essentially due to external pressures such as Local Area Agreements and the Children and Young People’s Plan.  These key issues were being dealt with via the Service Review meetings and where necessary would be re-prioritised through the service and budget planning process.  Members noted that the Comprehensive Performance Assessment Improvement Action Plans had been reviewed and updated.  It was noted that in the Open Spaces Action Plan, the needs analysis and development of a youth strategy was now the responsibility of the Monitoring Officer and Solicitor. 

. 

Members also noted there had been improvement in Best Value Performance Indicator results.  New Local Performance Indicators to support the Affordable Housing and Access to Services corporate aims had been identified and performance data collection had commenced.  Work continued on identifying and refining those in respect of a cleaner, greener, safer and healthier community and environment.  It was hoped to be able to commence reporting all of these next quarter.  However, the performance in respect of major and minor planning applications was noted.  It was reported that improvements had been made to performance over the most recent months, whilst attempting to maintain a quality of decision-making. 

Compared to last quarter, sickness absence had reduced by 38%.  Staff turnover had risen this quarter, with an average of just over four leaving per month compared to just under two in the last quarter.  A major risk management review had been carried out in June and no significant changes were made. 

RESOLVED

(a)               that the report be noted;

(b)               that the Benefits staff be congratulated for the outstanding performance in respect of accuracy of benefit calculation;

(c)               that the continued poor performance in respect of major planning applications be noted, as compared with the Best Value Performance Indicators:

·         That the Council is being consulted about being placed on “special measures” due to performance in respect of major and minor applications during the 12 months ending 30 June 2005

·         The steps taken and planned to improve performance

To receive and consider report 190/05 of the Strategic Director. 

(Time: 3.10pm to 3.17pm)

The Executive received and considered report 190/05 of the Monitoring Officer and Solicitor regarding the draft Child and Vulnerable Adult Protection Policy.  During the Comprehensive Performance Assessment exercise there was a public space diagnostic assessment which reviewed the Council’s contribution to activities which positively engaged children and young people.  One of the Council’s weaknesses was considered to be the lack of an overall child protection policy. 

The Children’s Act 2004 required the County Council, as the Children’s Service Authority, to make arrangements to promote co-operation between public bodies, including the District Council, to improve the well being of children.  District Councils also had a duty to ensure their functions were discharged, having regard to the need to safeguard and promote the welfare of those under the age of 18.  Although the Comprehensive Performance Assessment exercise focused on the need for a child protection policy to deal with a particular area of the Council’s work, the Children's Act and separate guidance had suggested any child protection policy should be broader and cover other areas of the Council’s activities.  The draft policy did this and reflected guidance issued by the Oxfordshire Area Child Protection Committee, OFSTED and Sports England.  Members noted that the opportunity had also been taken to encompass the protection of vulnerable adults in the same policy document. 

Consultation had resulted in a response from the National Society for the Prevention of Cruelty to Children (NSPCC) who had provided more comprehensive definitions of types of abuse and suggested improvements to the code of conduct.  The majority of suggested changes had been incorporated in the draft. 

The Executive welcomed the draft policy and thanked the Monitoring Officer and Solicitor and the Assistant Director (Leisure) for their work on it.  It was suggested that paragraph 1.6, which highlighted the Code of Conduct, should be printed in bold type to emphasize its importance. 

Members noted that there would be a need to embed the policy into the organisation through training and there would be cost to this.  Members considered that the Monitoring Officer and Solicitor should be appointed the designated officer for this policy. 

R E C O M M E N D E D

(a)        that the Child and Vulnerable Adult Protection policy, as appended to these minutes, be adopted;

(b)        that authority be delegated to the Monitoring Officer and Solicitor to ensure that  relevant  training and guidance is given to the appropriate Members, staff and volunteers in order for them to understand the Policy and their respective responsibilities; and

(c)        that the Monitoring Officer and Solicitor be appointed as the designated officer for this policy. 

To receive and consider report 191/05 of the Strategic Director. 

(Time: 3.17pm to 3.30pm)

The Executive received and considered report 191/05 of the Assistant Director (Leisure), which identified the changes in the aims and structure of sport in England with the development of county sports partnerships.  Such a partnership had been developed in Oxfordshire and the report sought approval to participate.

In 2002, the Government devised a strategy called "Game Plan", to significantly increase levels of sport and physical activity, particularly among disadvantaged groups, and to achieve sustained levels of success in international competition.  The Oxfordshire Districts had been working in partnership on the Active Sports programme since 1999 and the Vale had contributed towards work that benefited residents by co-ordinated working in club and coach development and the successful Youth Games.  The contributions of the Oxfordshire authorities had raised £1.4m of Sports Lottery money for the programme over seven years.  These sport partnerships were recognised through Comprehensive Performance Assessments and the emerging new requirements of the Children and Young People’s Plan as a key means to deliver Government targets. 

The Vale’s and other Districts' contributions to Active Sports, plus a one year contribution from the County Council, had been used to form the Oxfordshire Sports Partnership proposal.  Late in 2004 a successful bid for £719,963 was made to the Regional Sports Board via the Regional Office of Sport England for funding to establish and run the partnership until March 2009.  No additional funds were required from the Vale over that already budgeted.  Members noted that the Oxfordshire Sports Partnership would be a sub-regional network of key agencies and providers committed to establishing a sustainable infrastructure to provide a single system for all people to benefit from sport.  It would be hosted by Oxford City Council who had already agreed to this arrangement subject to a legal agreement; this was a continuation of its hosting role from the Active Sports initiative.

As host, Oxford City Council was requesting confirmation from all partner local authorities that they would agree to share the liabilities should that be necessary in the future.  An agreement was being drafted on this basis.  One Member expressed some concern at Oxford City Council acting as host but it was pointed out that the City Council would have to act with due care and attention. 

Members considered that the Sports Partnership for Oxfordshire would be of major benefit to the communities of the County in the achievement of national, regional and local objectives with respect to sport and physical activity.  The work programme and activities of the Partnership would be reported back to the Council in due course to demonstrate the benefit to Vale residents. 

Although limited elected Member influence on the Board had resulted in some concern being expressed by Members, it was noted that this was a matter for the Board to determine.  It was pointed out that if an elected Member was appointed to the Board, their responsibility would be to look after the interests of the Board and the Partnership,  ...  view the full minutes text for item 158.

To receive and consider report 192/05 of the Strategic Director. 

(Time: 3.30pm to 3.42pm)

The Executive received and considered report 192/05 of the Strategic Director which set out the capital programme for 2005/06 to 2007/08 and showed the actual expenditure to the end of October 2005.  The report also set out the proposed budget for existing schemes in 2005/06 onwards and a summary of Form 2s for proposed new capital schemes. 

Members noted that a critical appraisal of all capital schemes had been undertaken and the outcome was set out in an appendix to the report.  Major variations in costs included the purchase of the investment property in Canterbury and a grant to Chiltern Hundreds Housing Association to purchase a strip of land to allow an affordable housing scheme to proceed in Abingdon.  The rest of the difference between the current estimate for 2005/06 and the proposed revised estimate was due to slippage of schemes into next year.  Many schemes involved partnerships, and consultation and agreement meant they were taking longer than originally expected. 

Under the Prudential System of Capital Finance introduced from April 2004, the Council had to consider the revenue cost of financing capital expenditure and ensure that this was sustainable.  The Council had a policy of funding its capital expenditure (after grants and contributions) from capital receipts.  Members noted that if all new schemes proposed for 2006/07 were agreed, funding from capital receipts would lead to an expected loss of investment income each year of about £46,000 at current rates of return.  Together with the indicated additional revenue costs, Members noted that implementing all these schemes would lead to an annual increase of Band D Council Tax of £1.73 (an increase of 1.9% on the 2005/06 level).  Members approved these schemes in principle for consideration as part of their budget deliberations. 

Members also considered a request to approve in principle a commitment to a capital scheme to assist Abingdon Town Council with cost of refurbishments to the Market Place.  It was noted that the estimated partnership funding requested by the Town Council from the Vale was £150,000 to £175,000.  The Executive determined that the Vale’s contribution would be limited to 50% of the total refurbishment cost, up to a maximum of £150,000.  Members noted that the Rural Towns Initiative capital scheme had a projected budget of £150,000 for 2006/07 and none of this had been allocated to any specific project.  With this in mind, the Executive considered that this scheme could be funded from the Rural Towns Initiative capital budget in 2006/07. 

RESOLVED

(a)        that the expenditure on capital projects to the end of October 2005, the proposed revised estimated cost and amended expenditure profile where appropriate and the implications for the budget be noted; and

(b)        that the new capital projects be considered in the budget deliberations for 2006/07 onward, including partnership funding for Abingdon Town Council's refurbishment of the Market Place. 

Members will recall that a Health and Safety Management Group, comprising the Chair of the Executive, Directors, the Health and Safety Advisor, and the other key Assistant Directors, meets regularly to oversee the Council's management of Health and Safety.  This Management Group has reviewed the Health and Safety Policy and recommends its revision.  The draft revised policy and its appendices are attached. 

The Management Group also considers that, in the light of the senior management restructuring, management of health and safety should be revised.  It is proposed that a two-tier approach is adopted as set out in the attached appendices. 

Recommendations

(a)        that the Executive recommends the Council to adopt the revised Health and Safety Policy;

(b)        that the Executive adopts a two-tiered approach to health and safety management, replacing the single tier Health and Safety Management Group, and appoints the Chair of the Executive as its representative on the new Health and Safety Review Board. 

(Time: 3.42pm to 3.47pm)

Members recalled that a Health and Safety Management Group, comprising the Chair of the Executive, Directors, the Health and Safety Advisor, and other key Assistant Directors, met regularly to oversee the Council's management of Health and Safety.  This Group had reviewed the Health and Safety Policy and had recommended its revision.  A draft revised policy and its appendices were appended to the agenda for Members' consideration. 

The Management Group also considered that, in the light of the senior management restructuring, management of health and safety should be revised.  It was proposed that a two-tier approach should be adopted to reflect the changes. 

The Executive supported the draft policy, subject to amending the frequency of electrical appliance testing and to adding a paragraph to ensure that managerial and other supervisory staff ensured that their staff were trained in health and safety. 

R E C O M M E N D E D

(a)        that the revised Health and Safety Policy, as appended to these minutes, be adopted; and

RESOLVED

(b)        that a two-tier approach to health and safety management be adopted, replacing the single tier Health and Safety Management Group, and the Chair of the Executive be appointed as the representative on the new Health and Safety Review Board. 

Copies of Half Year Service Area Reports have already been circulated to Members of the Executive and the Opposition Leader.  Portfolio Holders are asked to report to this meeting on any significant issues on the service areas for which they are responsible.  

(Time: 3.47pm to 3.54pm)

The Executive had received copies of the Half Year Service Area reports for 2005/06.  Portfolio holders were asked to report to the meeting on any significant issues in the service areas for which they were responsible.  The following points were made:

• It had been a difficult but successful period for Leisure Services but it had been a pleasure for the portfolio holder to work with the staff
• The Sports Development Team had a very successful summer with 1230 children attending the summer playschemes, of which 555 attended the roadshows and 675 attended sports courses
• The cost of the summer playscheme had reduced from £2.14 per child in 2004 to just 13p per child in 2005
• The Youth Forum had been successful in establishing web pages from the Council's website and securing a regular column in the Herald Series newspaper
• Although there had been a reduction of performance for both sickness absence and voluntary leavers, there had since been some improvement and the Council was now on target for 2005/06
• A recent survey showed a marked reduction in the level of fuel poverty from 16% in 2000 to 9.3% in 2005
• Contact Services had received the highest number of compliments for service provision
• Staffing issues in Internal Audit had been resolved as a new member of staff had taken up post two weeks' previous and the Audit staff were now not going to suffer under the Pay and Grading review
• The Assistant Director (Building Control) was congratulated on the integration and financial improvement of the Council's Direct Services Organisation (DSO)
• The Development Control service had achieved 'Advanced-Plus' Planning Portal status and planning online was due to go live on 19 December 2005
• Council Tax staff were again congratulated for being the equal highest and Accounts staff were congratulated for producing the accounts on time
• Waste Management staff were congratulated on changing the way front line services were administered and for achieving a positive response to the new cardboard and green waste recycling programme.  Around 3500 households had signed up to the scheme and the Council was likely to achieve its 2005/06 target of 4000

RESOLVED

that the reports of the Executive Portfolio holders on the Half Year Service Area reports 2005/06 be noted. 

To receive and consider report 193/05 of the Strategic Director. 

(Time: 3.54pm to 4.13pm)

The Executive received and considered report 193/05 of the Strategic Director regarding enforcement against environment crimes.  Legislation allowed for the use of Fixed Penalty Notices as an alternative enforcement tool to prosecution.  The report set out their advantages and the circumstances in which they could provide an efficient and effective alternative to prosecution. 

Members noted that Fixed Penalty Notices could be used for a variety of offences such as dropping litter, nuisance parking, dog fouling, noise pollution from domestic or licensed premises, graffiti and fly posting.  The Executive considered that Fixed Penalty Notices could be valuable method of control.  They were likely to deal with infringements in an effective way and would reduce demands on officer time.  The financial penalty was also considered to be a deterrent and sufficient to induce behaviour change.  It was noted that some Notices could be served by Council officers, Police Community Support Officers, Parish and Town Council officers, and Council contractors.  However, it was noted that Notices should only be served when there was sufficient evidence to prosecute. 

Members queried whether the Council could provide a service for Town and Parish Councils in undertaking their enforcement also.  It was agreed that further consideration would be given to this suggestion. 

Members noted that the Corporate Enforcement Policy would require updating to take account of recent legislation, the Enforcement Concordat and other guidance.  There was also a need to update the Council’s Scheme of Delegation to allow officers to serve Notices. 

For several types of Notices brought in after 1 April 2006, the Council would have the ability to set the actual financial penalty level, within a Government-prescribed range, and determine an appropriate discount for early payment.  This would be considered when the Government guidance was produced early in 2006.  The Council would be able to keep the fines to fund the programme. 

Members also requested that it was important to know as soon as possible an accurate cost of the service for budgeting purposes. 

RESOLVED

(a)        that the advantages of the use of Fixed Penalty Notices in appropriate circumstances as an alternative enforcement tool to prosecution be noted;

(b)        that the implementation of the use of Fixed Penalty Notices, as listed in Appendix A to report 193/05, be approved in accordance with the criteria for use set out in Appendix B to the report;

(c)        that authority be delegated to the Strategic Directors and the Assistant Director (Environmental Health) to:

(i)         Serve the Fixed Penalty Notices as listed in Appendix A to the report;

(ii)        Exercise the statutory powers of entry relating to the offences to which these Notices relate;

(iii)       Authorise the commencement, continuation, defence, discontinuance or settlement of any legal proceedings (other than High Court proceedings or above) relating to the offences to which these Notices relate;

(iv)       Authorise other Council officers and other persons as allowed by law to serve the Notices listed in Appendix A;

(v)        Authorise other Council officers to exercise the statutory  ...  view the full minutes text for item 162.

(Time: 2.48pm to 2.54pm)

(CouncillorRoz Smith declared a personal interest in this item and in accordance with Standing Order 34 she remained in the meeting during its consideration.) 

The Executive received and considered a briefing note of the Assistant Director (Leisure) regarding progress with identifying a suitable site for the new skate park facility in Abingdon. 

Two consultation exercises with youths to identify the best site had been conducted.  The first was in August 2005 with a small group of skaters.  Six sites were considered around the town and it was agreed that four sites were to be included in the main voting exercise.  Then in October 2005 ballot boxes and voting forms were delivered to secondary schools in Abingdon, plus Abingdon College and the Net.  There was a ballot box in Abbey House reception and in three specialist skateboard shops.  A presentation was made to the Youth Forum which also had an opportunity to vote.  The detailed results of the ballot and a list of the pros and cons for each site were attached to the briefing note.  Taking the first and second choices combined, the results were:

• 58% White Horse Tennis and Leisure Centre
• 56% The Net
• 45% TilsleyPark
• 40% Abbey Meadows

Members were requested to decide on a site and involve young people in helping to design and create the facility.  A working party had looked at and discussed the results and recommended the White Horse Tennis and Leisure Centre.  The proposed location was on Vale land in open space to the west of the Leisure Centre.  It was an open, busy site, not overlooked by residential properties but adjacent to a cycle route and good existing facilities.  A meeting had taken place to discuss the proposal with the Leisure Centre Management Team.  It was noted that operational issues would need to be resolved regarding the health and safety responsibilities and risk assessments.

A capital budget of £60,000 was available within the 2005/06 Capital Programme, but this was not considered to be adequate to fund the scheme.  It is proposed to apply for a WREN (Waste Recycling and Environmental) grant to help the Council fund the project.  The deadline for applications was 6 January 2006.  If successful, the Council should hear at the end of March, with a further 8 weeks for WREN’s formal legal documents to be agreed, so construction could start in June 2006.  The new skate park could possibly be ready for use at the beginning of the summer holidays. 

Members supported the project and the proposed location at the White Horse Tennis and Leisure Centre.  The Executive also asked that the young people who had responded to the consultation should be thanked for their input.  Councillor Richard Farrell offered to advise the officers on lessons learned from construction of a similar facility at Blewbury. 

RESOLVED

(a)        that the way forward and the proposed location of the White Horse Tennis and Leisure Centre for Abingdon’s new Skate Park be  ...  view the full minutes text for item 163.

(Time: 4.13pm to 4.14pm)

Further to the request received from Bushbuy Ltd, the project managers for the development, notices had been served to determine the nature and extent of the interests which comprised Phase II of the Limborough Road development at Wantage.  It was noted that responses to these notices would be obtained shortly before Christmas. 

This Council was working closely with the developer and his agents to ensure that all relevant legal information was available in order that consideration could be given to the making of a Compulsory Purchase Order in the New Year. 

RESOLVED

that the Executive, on completion of the preliminary investigative process, receives a further report on the making of a Compulsory Purchase Order in the New Year.

The Chair to move that in accordance with Section 100A(4) of the Local Government Act 1972, the public, including the press, be excluded from the remainder of the meeting to prevent the disclosure to them of exempt information, as defined in Section 100(I) and Part 1 of Schedule 12A to the Act when the following items are considered:-

Item xx    Property Matters

(Category 9 - Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services).

RESOLVED

that in accordance with Section 100A(4) of the Local Government Act 1972, the public, including the press, be excluded from the remainder of the meeting to prevent the disclosure to them of exempt information, as defined in Section 100(I) and Part 1 of Schedule 12A to the Act when the following items are considered:

Property Matters

(Category 9 - Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services).

Civic Halls

(Category 7 - Information relating to the financial or business affairs of any particular person (other than the authority). 

Appointment of Consultant for PPG17 Assessment and Production of Parks and Open Spaces Strategy

(Category 7.)

SUMMARY OF THE EXEMPT ITEMS CONSIDERED AT THE MEETING OF THE EXECUTIVE HELD ON FRIDAY 2 DECEMBER 2005 AT 2.30 P.M.

Property Matters

The Executive noted progress on two property matters and gave support for one to proceed. 

Civic Halls

The Executive noted the decision not to proceed with the procurement of management services of the civic halls and resolved to put this decision into the public domain. 

Appointment of Consultant for PPG17 Assessment and Production of Parks and Open Spaces Strategy

The Executive agreed to make an exception to the Council's Contract Standing Orders to appoint a consultant to undertake this work. 

To consider any property matters.  

(a)        Open Air Pool, Abingdon

To consider any response from Abingdon Town Council.