Skip to main
content S |

Text only T | Accessibility 0 |
Site map 3

Search for it…

Table of Contents

Agenda, decisions and minutes

Cabinet
Wednesday, 16 October 2019 6:00 pm

Venue: The Jeffrey Room, The Guildhall, St. Giles Square, Northampton, NN1 1DE. View directions

Contact: Ed Bostock, ext 7722

Apologies

Minutes:

Apologies for
absence were received from Councillor Hadland.

Minutes PDF 72 KB

Minutes:

The minutes of the
meeting held on 11 September 2019 were agreed and signed by the
Leader, subject to the following amendment:

Item 7, paragraph 3
– the two references to Councillor Birch were corrected to
Councillor Beardsworth.

Intention to Hold Part of the Meeting in Private if necessary

Minutes:

There was no
intention to hold any part of the meeting in private.

Deputations/Public Addresses

Minutes:

Mrs Sarah
Matcham addressed Cabinet on Item 9
– Public Spaces Protection Order –
Jeyes Jetty – and outlined
her strong conviction that the alleyway should be gated and locked
at all times. On 18^th
February 2019 her 24 year old son Bradley died as the victim of an
unprovoked attack in Jeyes
Jetty. Last Friday Mrs Matcham had herself walked through Jeyes Jetty. The smell
indicated it had been used as a toilet, which was a public health
risk. There was evidence of fly tipping
and three youths were loitering. She
considered that the alleyway served no purpose, and encouraged
crime and anti-social behaviour. Mrs
Matcham pointed out that the council
has a responsibility to protect the public and encouraged the
making of the Public Spaces Protection Order to enable Jeyes Jetty to be locked and gated.

Councillor Hallam
thanked Mrs Matcham for her bravery in
attending and sharing her story.

Declarations of Interest

Minutes:

There were
none.

Issues Arising from Overview and Scrutiny Committees

Minutes:

There were no
issues arising from Overview and Scrutiny Committees.

Regulation of Investigatory Powers Act 2000 (RIPA) Policy Update PDF 99 KB

(Copy
herewith)

Additional documents:

Decision:

2.1 Cabinet noted the update
on the outcome of the desktop Inspection carried out by the
Investigatory Powers Commissioner’s Office (IPCO) dated
16^th August 2019.

2.2 Cabinet approved the
updated RIPA Policy attached as Appendix 1; and

2.3 Cabinet delegated
authority to the Borough Secretary and Monitoring Officer to

a)
Update the RIPA policy to include the name and contact details of
new Authorising Officers after they have been appointed, and

b)
Make such future amendments to the Policy which are in the opinion
of the Borough Secretary and Monitoring Officer minor and are
necessary to reflect either legislative requirements, relevant
guidance or current good practice.

Minutes:

Councillor Nunn as the relevant
Cabinet Member presented the report and advised that approval was
being sought for the revised and updated Regulation of
Investigatory Powers Act 2000 (RIPA) policy. A version showing the
Policy updated with tracked changes was circulated to Members at
the meeting. The Borough Secretary
noted that there had been a good outcome from the Inspection,
resulting in slight changes which had been made to the policy.

RESOLVED:

2.1 Cabinet noted the update
on the outcome of the desktop Inspection carried out by the
Investigatory Powers Commissioner’s Office (IPCO) dated
16^th August 2019.

2.2 Cabinet approved the
updated RIPA Policy attached as Appendix 1; and

2.3 Cabinet delegated
authority to the Borough Secretary and Monitoring Officer to

a)
Update the RIPA policy to include the name and contact details of
new Authorising Officers after they have been appointed, and

Review of Public Spaces Protection Order 2017 PDF 176 KB

(Copy
herewith)

Decision:

2.1.1 Cabinet authorised the Chief Executive to
undertake a 12 week consultation period regarding whether the
review of current PSPO 2017 under the Anti-Social Behaviour, Crime
& Policing Act 2014 should be renewed for a further three years
and whether any additional activities or behaviour ought to be
included in it as detailed in Appendix 1.

2.1.2 In addition, Cabinet authorised the
consultation on additional behaviours which have been brought to
our attention (busking, cycling on pavements).

2.1.3 Cabinet agreed to receive a further report,
following completion of the statutory public consultation, which
considers any representations received and, if appropriate, seek
approval of the PSPO(s).

Minutes:

Councillor King as the relevant
Cabinet Member presented the report and stated that it was
important to agree to the commencement of a consultation process
regarding the review of the Public Spaces Protection Order (PSPO)
as the current order would expire on 31 March 2020.

Councillor Hallam welcomed
enforcement in respect of cycling on the pavement – frequent
complaints were received about Kettering Road.

Councillor Larratt also received
regular complaints in respect of cycling on the pavement along
Wellingborough Road. In regard to
busking, he pointed out that whilst some buskers were very good,
others were not, and regularisation would be helpful.

Councillor Birch agreed that cycling
on the pavement was very dangerous. She
considered that busking needed to be time-limited. Councillor Birch questioned how effective PSPOs
were and how many times they had been issued. She also pointed out that current signage was
small and high up – it needed to be legible and at eye
level.

Councillor King stated that not many
PSPOs had been issued. New signage
would be put in place at the end of the consultation, dependent on
the outcome. Operation Lily, deploying
10 extra police officers to the town centre, was making a
difference.

Councillor Beardsworth noted that cycling on the pavement was
a major problem and was also concerned about use of scooters
– this was likely to become an issue and needed to be planned
for. She had been out with the police
in the town centre on many occasions.
Jeyes Jetty had always been a problem
as a cut-through and was not suitable for the town centre.

RESOLVED:

2.1.2 In addition, Cabinet authorised the
consultation on additional behaviours which have been brought to
our attention (busking, cycling on pavements).

Public Spaces Protection Order – Jeyes Jetty PDF 1 MB

(Copy herewith)

Decision:

Cabinet:

2.1.1
Resolved to make a PSPO as per Appendix 1 to this
report restricting the public right of way over Jeyes Jetty for a period of three years after
taking into account the results of a public consultation carried
out between 19th June and 11^th September
2019.

2.1.2
Resolved to delegate to the Borough Secretary the
authority to comply with all legal steps and processes required by
Chapter 2 of Part 4 of the Anti-Social Behaviour, Crime and
Policing Act 2014 for the Council to make a PSPO restricting the
public right of way over Jeyes Jetty
for a period of three years as per Appendix 1 in order to give
effect to the decision at 2.1.1.

2.1.3
Resolved to delegate to the Chief Executive
authority to make an application for listed building planning
permission for the installation of secure gates at each end of
Jeyes Jetty and, subject to approval
being granted, arrange for the installation, operation and
maintenance of said gates.

2.1.4
Resolved to delegate to the Chief Executive
authority to enforce a PSPO made under the power delegated at 2.1.2
and to authorise Council officers and appropriately trained
external contractors working on behalf of the Council as authorised
persons to issue fixed penalties of £100 to any person
suspected of committing an offence under section 67 of the
Act.

Minutes:

Councillor King as the
relevant Cabinet Member introduced the report, seeking approval to
make a PSPO restricting the public right of way over Jeyes Jetty. Marble
Arch had been gated a few years previously and anti-social
behaviour in the area had reduced as a result.

Councillor King and
Councillor Nunn had met with Mrs Matcham last Friday and Councillor King thanked Mrs
Matcham for speaking to Cabinet.

RESOLVED:

Cabinet:

10.

Draft Northamptonshire Domestic Abuse and Sexual Violence Strategy 2019-2022 PDF 108 KB

(Copy herewith)

Decision:

2.1.1 Cabinet considered and adopted the draft
Countywide Domestic Abuse and Sexual Violence Strategy
2019-2022.

2.1.2 Cabinet committed to work with partner
agencies to ensure the development and delivery of the strategy and
associated action plans, through the community safety governance
structures that are proposed.

2.1.3 Cabinet agreed to receive further reports on the
implementation and progress of this strategy as and when
necessary.

Minutes:

Councillor King as the relevant
Cabinet Member presented the report and urged Members to adopt the
Draft Northamptonshire Domestic Abuse and Sexual Violence
Strategy. Funding opportunities had
previously been missed because the strategy had not been in
place.

Councillor Stone considered that the
strategy should have been implemented earlier. Domestic violence and sexual violence were
increasing year on year. However, she
did not consider this to be an adequate report. The reference to Female Genital Mutilation (FGM)
in section 3.1.6 was not good enough and needed to be taken more
seriously.

Councillor Stone noted that although
men can be victims of domestic and sexual violence, this was a
gendered issue since 80% of victims were women. Of the men, one third were abused by their male
partners and another third were a result of retaliation by women
who were victims themselves. It was important that the correct
evidence was obtained, otherwise the strategy and its
implementation would not be adequate.

Councillor King initially stated that
the strategy had been prepared by Nikki Marzec from the Police and Crime Commissioners
Office. However, she later advised that
it may have been written by Nikki Martin.

Councillor King advised that Home
Office funding had been received recently, so some work on FGM had
been done. This work had not commenced
when the report was drafted, and Councillor King agreed to ask for
it to be added.

Councillor Ashraf was pleased the
strategy had come to Cabinet, but disappointed that refugees had
not been consulted. She reminded
Cabinet that a motion had been passed at Council on 10 December
2018 for financial assistance to Northamptonshire Domestic Abuse
Service (NDAS), and asked how much had been given.

Councillor King stated that she and
the Head of Housing and Wellbeing had had numerous conversations
with NDAS, who were happy with how things were progressing. One of
the reasons for the lack of funding had been the current strategy
and once this was in place, progress could be made.

Councillor Beardsworth welcomed the report and questioned
whether slavery should be included, especially in relation to those
with additional needs and those from other countries. It was shocking that there was no criminal
prosecution for FGM. She expressed
appreciation for the work that had been done – especially
since funding was difficult. She
questioned whether the New Zealand or Tasmanian model of removing
the perpetrator rather than the victim could be an effective way
forward.

Councillor King advised that slavery
was unlikely to be covered by this strategy, but she would provide
feedback and await any response.

The Head of Housing and Wellbeing
advised that it was difficult to draw the line as to what was
included in the strategy. This was a
draft county-wide strategy which each Northamptonshire Council was
being asked to approve. An action plan was being developed with 5
objectives to be achieved in a reasonable time period. Comments made would be taken on board in
developing the actions linked to the strategy.

Councillor …
view the full minutes text for item 10.

11.

Museum Policy Documents PDF 98 KB

(Copy
herewith)

Additional documents:

Decision:

2.1
Cabinet agreed the adoption of the
updated and revised Collections Development Policy; Care of
Collections and Conservation Policy; Documentation Policy and
Access Policy.

2.2
Cabinet noted Section 1 Overarching
Principles and Section 16. Disposal Procedures in the Collections
Development Policy relating to financially motivated disposals and
the undertakings contained therein.

Minutes:

Councillor King as the relevant
Cabinet Member presented the report seeking approval for the
updated and revised policies for Northampton Museums and Art
Gallery.

Councillor Birch stated that the
policies were robust and sound, based on current good
practice. She was pleased to note the
interest in suffragette and women’s related objects. It was
assumed that disposal procedures would be carefully followed to
avoid previous errors. Councillor Birch
asked how long it would be before everything was digitised, when
Arts Council accreditation would be reinstated, and whether there
would be a Phase 2 development of the museum.

Councillor King responded that
although there were no plans for full digitisation, this could be
suggested. There were positive
conversations with the Arts Council regarding accreditation and
Phase 1 was due to complete in Spring
2020. There were no plans for Phase 2
at present.

Councillor Beardsworth was pleased to note that lessons had
been learned concerning disposal – although the extension of
the museum had been a positive outcome from an undesirable
situation.

RESOLVED:

2.1
Cabinet agreed the adoption of the
updated and revised Collections Development Policy; Care of
Collections and Conservation Policy; Documentation Policy and
Access Policy.

12.

Town Centre Masterplan PDF 147 KB

(Copy
herewith)

Additional documents:

Decision:

2.1
Cabinet approved the Northampton Town Centre
Masterplan which sets the Principles and the approach that will be
taken in order to deliver transformational change.

2.2
Cabinet noted the results of the consultation and how the
masterplan has accounted for these within its design.

2.3
The Masterplan is used to inform emerging planning policy within
the town centre

2.4
Cabinet noted the progress made to date, timescales
and next steps for the Future High Street Fund application and the
priority areas for intervention.

Minutes:

In the absence of Councillor Hadland,
Councillor Nunn outlined the report, noting that the ambitious
plans were all indicative – detail would follow and would be
consulted upon. The masterplan had been
shaped by the public consultation. It
was the start of the process, giving vision, direction and purpose
which would link into local planning policy to help shape the
town.

Councillor Ashraf read a statement on
behalf of Councillor Stone, who broadly agreed with the plan and
expressed thanks to officers for developing it, but questioned how
viable it would be financially. The
proposed Heritage Gateway would be a huge attraction to the town,
but plans needed to be sympathetically drawn up. The current bus station should become the
long-distance coach station and the new bus station should be part
of Mayorhold. It was disappointing that there was a lack of
space provided for the voluntary sector.

Councillor Birch read a statement
from Dr Marie Dickie OBE (Friends of Northampton Castle and Spring
Borough’s Voice). Dr Dickie
considered that the plan had limited public involvement and offered
little in the way of enhancing the heritage of the
town. Whilst recognising that
development was necessary to fund transformation of a car park into
public open space, she was concerned by the scale of development
proposed for the Castle House/Doddridge
site. She emphasised the importance of
a heritage-led town centre improvement rather than focusing on
residential and retail issues.

Councillor Beardsworth expressed thanks for the cross-party
working group on the town centre. The
town centre needed to become smaller with improved shop
fronts. More money was needed, although
not much was available. In terms of the
public realm, more could have been done with the Greyfriars site; perhaps it could have been
grassed. If award-winning council
houses (like those in Norwich) could be built in Northampton that
would be positive. The town centre
masterplan document was well thought out and a good start to plan
for the future.

Councillor Nunn expressed thanks to
the Economic Growth and Regeneration Manager for his input to the
report.

Cllr McCutcheon considered that
retail was not the most important factor and in the past too much
attention had been paid to it. In
consultations, people mentioned the importance of the
Guildhall/County Hall, libraries, theatres and other cultural
activities. These should be built up,
but public money was needed.

Councillor Eldred stated that it was
important to develop leisure and other facilities alongside
residential to encourage university students to stay in the town
after graduating. Greyfriars would be a good hub for this.

RESOLVED:

2.1
Cabinet approved the Northampton Town Centre
Masterplan which sets the Principles and the approach that will be
taken in order to deliver transformational change.

2.2
Cabinet noted the results of the consultation and how the
masterplan has accounted for these within its design.

2.3
The Masterplan is used to inform emerging planning policy within
the town centre

2.4
Cabinet noted the progress made to date, timescales
and next steps …
view the full minutes text for item 12.

13.

Proposed Designation of an Additional HMO Licensing Scheme PDF 184 KB

(Copy
herewith)

Additional documents:

Decision:

2.1
Cabinet:

(a)
Noted the ‘Consultation Report’ of 3 May
2019 (attached to the report as Appendix A) and the ‘Report on the findings
from the Consultation on the Designation of an Additional HMO
Licensing Scheme in Northampton’ (attached to the report as
Appendix B);

(b)
Agreed that, having considered the
‘Consultation Report’ (Appendix A), the ‘Report
on the Findings from the Consultation’ (Appendix B) and the
‘Hazards identified during HMO inspections’ (Appendix
C) which show that a significant proportion of the HMOs in the
designated area are being managed ineffectively, an Additional HMO
Licensing Scheme is required for a period of five years;
and

(c)
Agreed to designate, with effect from 1 February
2020 for a period of five years, a selected area of the Borough
(identified in the map and list of streets contained in Appendix D
of this report) as being subject to Additional HMO Licensing under
section 56(1)(a) of the Housing Act 2004 for the following types of
HMO:

(i)
Any HMO (irrespective of the
number of storeys) that contains three or four occupiers who form
two or more households; and

(ii)
All self-contained flats (irrespective of the number
of storeys) that are Houses in Multiple Occupation and contain
three or four occupiers who form two or more households but, where
the HMO is a section 257 House in Multiple Occupation, this
Additional HMO licensing designation will only apply to those
section 257 HMOs that are mainly or wholly tenanted, including
those with resident landlords.

Minutes:

Councillor Hibbert as
the relevant Cabinet Member presented the report seeking approval
of a new Additional Houses in Multiple Occupation (HMO) Licensing
Scheme. This was needed to ensure HMOs
were well maintained and managed with accountable
landlords.

Councillor
Beardsworth was pleased to note the
licensing scheme was being extended.
Many people were discouraged by the number of HMOs because of
parking issues, small room sizes, quality of life concerns and
mental health issues.

Councillor Hibbert
stated that the quality and enforcement team had been strengthened
to ensure landlords fulfilled their obligations.

RESOLVED:

2.1
Cabinet:

(i)
Any HMO (irrespective of the
number of storeys) that contains three or four occupiers who form
two or more households; and

14.

Boroughwide Article 4 Direction for Houses in Multiple Occupancy PDF 4 MB

(Copy herewith)

Decision:

2.1
Cabinet approved, for public
consultation, the Council’s proposal to introduce a Borough
wide Article 4 Direction for houses in multiple occupation
(HMO). This Direction, if it were to
come into effect, would withdraw permitted development rights for
the change of use from Class C3 Dwellinghouses to Class C4 Houses in Multiple
Occupation for areas of the Borough not currently covered by an
Article 4 Direction.

2.2
Cabinet agreed that the Head of Planning
be given delegated authority in consultation with the Cabinet
Member for Planning to make minor non-material spelling, formatting
and other amendments to the consultation notices and documents
where they do not alter the intent of the Direction.

Minutes:

Councillor Hill as the relevant
Cabinet Member presented the report seeking approval for public
consultation of the proposal to introduce a Borough-wide Article 4
Direction. If approved, the three-week
consultation would start on 7^th November 2019, with a
view to being approved by November 2020.

Councillor Ashraf was pleased that
this Direction would cover all areas.
Residents living in HMOs in her ward had expressed concern and
people needed a decent place to live.

Councillor Hill also pointed out that
some changes had already been implemented.

RESOLVED:

15.

Long Lease of Public Open Space at Stone Circle Road PDF 100 KB

(Copy herewith)

Decision:

2.1 Cabinet approved “in principle” the
disposal by way of a long lease the land at Stone Circle Road
subject to (1) the intended disposal being advertised in accordance
with statutory requirements and (2) any objections arising from
this process being considered by Cabinet prior to any disposal
taking place.

2.2 Cabinet authorised
the advertisement of the proposed long lease (25 years) of public
open space at Stone Circle Road in accordance with the requirements
of the Local Government 1972, section 123 (2A) of the local
Government Act 1972 as amended by the Local Government Act 1980,
relating to the disposal of public open space

2.3 Cabinet authorised
in the event of there being no objections received to the proposed
disposal of public open space, that authority be delegated to the
Economic Growth and Regeneration Manager in consultation with the
Lead Member for Regeneration and Enterprise, the Deputy Leader, the
Chief Finance Officer and Borough Secretary to approve and conclude
terms of the long lease to Thorplands 81.

Minutes:

Councillor Larratt as the relevant Cabinet
Member outlined the report seeking authority to advertise the
proposed disposal of public open space at Stone Circle
Road. This was required in order to
grant a 25 year lease to Thorplands 81, who had been playing
football on the land for over five years. In the event of no objection, authority would be
delegated to those mentioned in recommendation 2.3 (to which
Councillor Larratt was added) to finalise the terms of the
lease. A 25 year lease would give the
club access to funding to further develop the excellent community
facility.

RESOLVED:

16.

Sixfields – Enforcement Strategy – update PDF 104 KB

(Copy herewith)

Decision:

Cabinet noted the actions that are being undertaken to recover
the judgement debt and in particular noted that:

2.1 The Council is in the
process of agreeing transfers to it of residential properties from
Artefact Investments Limited.

2.2 The Council has commenced
possession proceedings for Christina and David Cardoza’s
property outside Northampton.

2.3 FRP Advisory Insolvency
Practitioners LLP (Paul Allen) has been appointed as the Trustee in
Bankruptcy for Anthony Cardoza.

2.4
Discussions are ongoing with Deloitte about the recovery of monies
for NBC as major creditor through the First Land Limited
liquidation.

2.5
Of the £200k maximum legal costs spend agreed by
Cabinet at its meeting on 3rd April 2019 £141,564 has been
spent.

Minutes:

Councillor Nunn as the relevant Cabinet Member referred to the
report updating Cabinet on the enforcement actions in the
Sixfields case. It was important that
these were made public where possible.

The
Borough Secretary stated that there had been a number of reports in
private due to the live litigation and consequent risk to
strategy. In terms of liability, the
Cardozas had been found to be in breach
of fiduciary duties and efforts were now focused on the enforcement
action to recover the judgement award and legal costs of
£3m.

The
Borough Secretary reported that discussions were ongoing in the
transfer of two properties from Artefact to NBC, and a charge had
been made on David and Christina Cardoza’s house. Anthony Cardoza had declared himself bankrupt and
a Trustee in bankruptcy had been appointed. First Land Limited had been put into liquidation
by a separate party. Discussions were
ongoing with Deloitte regarding a funding agreement – value
for money was needed.

Councillor Beardsworth stated that
she was angry for the taxpayers of Northampton. The debt should be
pursued and NBC should be more proactive in recovering the
money.

Councillor Nunn stated that public updates were important and
progress was being made. The outrage
was shared by all.

The
Borough Secretary pointed out that money was put into First Land by
the football club, not by NBC directly, so enforcement had to be
done via a liquidator and needed to be cost-benefit analysed.
Councillor Beardsworth asked whether it had been known that
the football club were putting money into a separate
company. The Borough Secretary stated
that he had not been involved at that point, but it was not known
from his reading of the documents.

RESOLVED:

Cabinet noted the actions that are being undertaken to recover
the judgement debt and in particular noted that:

2.1 The Council is in the
process of agreeing transfers to it of residential properties from
Artefact Investments Limited.

2.2 The Council has commenced
possession proceedings for Christina and David Cardoza’s
property outside Northampton.

2.3 FRP Advisory Insolvency
Practitioners LLP (Paul Allen) has been appointed as the Trustee in
Bankruptcy for Anthony Cardoza.

2.4
Discussions are ongoing with Deloitte about the recovery of monies
for NBC as major creditor through the First Land Limited
liquidation.

2.5
Of the £200k maximum legal costs spend agreed by
Cabinet at its meeting on 3rd April 2019 £141,564 has been
spent.

Agenda, decisions and minutes

CabinetWednesday, 16 October 2019 6:00 pm

Related Posts

Cabinet
Wednesday, 16 October 2019 6:00 pm