Minutes of Environment Committee - 24 March 2005

Present:

Env/68 Apologies for Absence

Apologies for absence were received from Councillors R A Brunskill and Mrs E M Cook.

Env/69 Minutes

Minutes Env/54 and Env/67 of the meeting of this Committee held on 13 January 2005 were signed as a correct record of those proceedings.

Env/70 Question by Member

Councillor A R Bewley asked the following question under rule 11 of the Council's Rules of Procedure:

It has come to my notice that there is a high level of rat infestation in Cornmarket and Middlegate in Penrith. I understand that this has now been a problem for a number of years since the poisoning of the sewers was terminated.

I am of the opinion that there is a serious complaint and should be thoroughly discussed at Committee level.

Could the Chairman tell me when the decision to stop poisoning sewers was made and by whom?

Councillor B Metz responded to the question by explaining that historically, the sewers were maintained by Eden under an Agreement with United Utilities. Part of this work included a regular programme for rat baiting. This focused on particular urban areas where there was a potential for problems. United Utilities took a decision not to renew any of the sewerage agreements in the North west of England and they took over maintenance from 1 October 2002. United Utilities had direct responsibility for the sewers but Eden continued to do the rat baiting on the same basis as before. The Council's contractor carried out this work and they undertook Pest Control in a number of locations across the district including the centre of Penrith, with United Utilities providing a team to lift manhole covers and assist.

This level of control was considered to be adequate and the number of complaints received had been minimal.

In respect of Councillor Bewley's question he considered that there didn't appear to be a high level of rat infestation in the Cornmarket or Middlegate area, this had not been a problem, as such and that Rat baiting had not been terminated - the level of rat baiting had continued and this had kept the matter well under control.

He was aware that a recent issue had been raised and this would be fully investigated. Any necessary additional action would be taken and the commercial concern who raised the issue would receive a reply.

Members were asked to note that all environmental heath complaints were recorded in a computer system and that for each of the last three years the Council had received between 1 and 3 complaints regarding rats in this area against a background of around 150 calls per year for all pest related issues in Penrith.

He agreed fully with Councillor Bewley regarding the importance of Pest Control, but not that it was a problem.

Councillor Bewley listed several areas of Penrith which had been the subject of recent complaints regarding rat infestation.

Councillor Metz requested that the Director of Technical Services provide a written reply to these specific issues.

Env/71 Review of Pest Control

The Committee considered report TS40-05 of the Director of Technical Services detailing the findings of a review of the Council's Pest Control Service.

Env/58 Capital Programme 2005-6

Resolved that

1. the Council continues with the existing contract, and
2. a further best value assessment, which includes consultation, be undertaken when the contract comes up for renewal.

Reasons for decision

1. The provision of the service under the terms of a contract, properly supervised, at a current cost of £8,500 represents 'best value' for the Council.

Reasons for decision

1. As part of the Council's annual budget exercise
2. Council has a duty to ensure its capital expenditure can be met from its capital resources
3. Capital Programme forms part of the Council's Policy and Budget Framework

Other options considered

The Committee considered four options:

1. withdraw non-statutory services
2. provide an in-house service that meets all needs
3. service provided by in-house staff and sub-contractor
4. contract out the service to the private sector

Env/72 Local Development Scheme and implementation of the Planning and Compulsory Purchase Act.

The Committee considered report PP9/05 of the Director of Policy and Performance briefing Members on the requirements of the Planning and Compulsory Purchase Act; presenting the Council's Local Development Scheme; outlining some likely resource implications and making proposals for future training for Councillors and partners.

Resolved that

1. the information provided in the report on the requirements of the Planning and Compulsory Purchase Act 2004 be noted,
2. the Council's Local Development Scheme 2005-2007 be approved for submission to Government Office North West, and the arrangements for training to be offered to all Members on the Act be approved, to be funded from the Planning Delivery Grant.

Reasons for decision

1. The Act constitutes a new planning policy system and this report describes its main requirements to aid Members understanding.
2. The proposed training session will enable Members to consolidate their knowledge of the Act and understand its implications.
3. The approval of the Local Development Scheme will enable the Council to meet the requirement to submit the scheme to GONW by March 28 2005.

Other options considered

None

Env/73 Supplementary Planning Guidance Farm Diversification

The Committee considered report PP14/05 of the Director of Policy and Performance seeking agreement to the adoption of the Supplementary Planning Guidance on Farm Diversification.

Resolved that

1. the contents of the report be noted, and
2. the document (Appendix 1) - PDF40Kb  on Farm Diversification be adopted as Supplementary Planning Guidance

Reasons for decision

The Supplementary Planning Guidance will be a useful planning aid for both farmers and landowners and will aid development control in reaching decisions on farm diversification schemes.

Other options considered

None

Env/74 Supplementary Planning Document on An Accessible and Inclusive Environment

The Committee considered report PP16/05 of the Director of Policy and Performance presenting a draft document on an Accessible and Inclusive Environment, intended to be the subject of public participation and representations under the new Planning and Compulsory Purchase Act 2004, prior to adoption as a Supplementary Planning Document under the Act.

Resolved that:

1. the contents of the report and the draft document (Appendix 2) - PDF 1.4Mb  be noted, and
2. the draft document (Appendix 2) - PDF 1.4Mb  be approved as a basis for further public consultation and participation prior to the Supplementary Planning Document being brought back to a future Committee for final adoption.

Reasons for decision

To enable the Council to proceed with further public consultation and participation in the production of a Supplementary Planning document on An Accessible and Inclusive Environment.

Other options considered

None

Env/75 Disability Access Grants

The Committee considered report TS150-04 of the Director of Technical Services advising Members of the recycling achievements and performance during the first six months of 2004-05 and providing an indication of likely performance during the remainder of the financial year.

Resolved that:

1. the current condition 6 of the scheme, which reads "Grant Aid will not be given towards works which are required under Building Regulations or other legislation." be removed from the schedule of conditions, and
2. a new condition 6 be inserted into the schedule of conditions to read as follows:
   "Grant aid will not be given towards works which are required under Building Regulations or other legislation including the Disability Discrimination Act. However, applications for grant aid, for works to comply with Part 3 of the Disability Discrimination Act, will be considered if the applicant can show that they could not reasonably be expected to finance the works without grant aid. The works must improve accessibility for disabled people, as defined within the Act, and generally comply with BS8300 where relevant."

Reasons for decision

To modify the current conditions of the Disability Access Grants Scheme so as to make them consistent with the provisions and intentions of the Disability Discrimination Act Part III.

Other options considered

None

Env/76 Landfill Allowance Trading Scheme

The Committee considered report TS20-05 of the Director of Technical Services advising Members of the new Landfill Allowance Trading Scheme (LATS) to be introduced from 1 April 2005.

Resolved that the report be noted and the work of the Cumbria Strategic Waste Partnership, in promoting the successful introduction and implementation of the Landfill Allowance Trading Scheme, be supported

Reasons for decision

To modify the current conditions of the Disability Access Grants Scheme so as to make them consistent with the provisions and intentions of the Disability Discrimination Act Part III.

Other options considered

None

Env/77 Waste Management Advisory Business Partnership Board for Cumbria

The Committee considered report TS18-05 of the Director of Technical Services inviting Members to support the Council's participation in the formation of a Waste Management Advisory Business Partnership Board for Cumbria to replace the previously approved Cumbria Strategic Waste Partnership.

Resolved that:

1. the formation of a Waste Management Advisory Business Partnership Board for Cumbria be supported; a new condition 6 be inserted into the schedule of conditions to read as follows:
2. the Chairman of Environment Committee be nominated to be a member of the Advisory Business Partnership Board as the Council's representative and
3. attendance be an Approved Duty within the Members Allowance Scheme.

Reasons for decision

The participation of the Council in the Waste Management Advisory Partnership Board will support this Council's policy objectives and enhance joint working between the County Council, district councils in Cumbria and strategic partners in delivering the Waste Strategy for Cumbria.

Other options considered

None

Councillor M Holliday left the meeting at 7.30pm

Env/78 Proposed Partnership with Cumbria Furniture Services Penrith

The Committee considered report TS39-05 of the Director of Technical Services seeking approval for the Council to enter into a partnership with Cumbria Furniture Services Penrith for the collection of bulky waste. The arrangement would involve the Council paying for the collection of broken furniture from the Cumbria Furniture Services Penrith.

Resolved that:

1. the Council enter into a partnership with Cumbria Furniture Services Penrith, in which members of the public wishing to dispose of household furniture and appliances are re-directed to the Cumbria Furniture Services Penrith, and
2. the Council agrees to pay Cumbria Furniture Services Penrith's waste collection costs for broken household furniture and appliances at a cost to the Council of £1,560 per annum and that this arrangement commences from 1 April 2005.

Reasons for decision

1. A partnership between Cumbria Furniture Services Penrith and Eden District Council would ensure the reuse of more items of furniture and appliances, resulting in less waste going to landfill.
2. there is likely to be a new Best Value Performance Indicator for 're-use' in the future and the items re-used through CFSP's scheme will count towards it.
3. the Council paying CFSP's waste collection costs for broken household furniture would enable the CFSP to be more viable and operate more efficiently.

Other options considered

None

Env/79 Proposal for Beverage Carton Recycling Trial

The Committee considered report TS38-05 of the Director of Technical Services inviting Members to consider a proposal for implementing a twelve months trial scheme for the collection of used beverage cartons for recycling.

Motion by Councillor J G Thompson

That this decision be deferred to allow for further consideration.

The Motion was lost as it was not Seconded.

Motion by Councillor D I A Nattrass

Seconded by Councillor R V Turner

And Resolved (Councillor Thompson abstaining) that:

1. the purchase of three beverage carton banks be approved at a cost of £4,500, of which £3,000 is to be met by the Council (out of the Waste Performance Grant and Efficiency Grant from Defra) and £1,500 to be met by the Liquid Food Carton Manufacturers Association,
2. beverage carton banks be installed at two of the busiest recycling centres in Eden (with the following priority order: B&Q, Penrith, Morrisons, Penrith, Greystoke, Plumpton, Shap), with one bank to be used as a spare for change-overs; and
3. a further report be brought back to Committee to assess the success of the trial

Reasons for decision

1. The recycling of used household beverage cartons will assist the Council in ensuring the statutory recycling target for 2005-06 is exceeded and also forms part of the corporate objectives:
   
   CB02 Organise and promote recycling to achieve a sustainable environment.
   
   CB03 Ensure refuse, sewerage and litter are dealt with efficiently.
2. there is likely to be a new Best Value Performance Indicator for 're-use' in the future and the items re-used through CFSP's scheme will count towards it.
3. The cost of purchasing the banks is met from funding from Liquid Food Carton Manufacturers Association and part of the Waste Performance and Efficiency Grant from Defra.

1. The introduction of the blue sack refuse collection scheme has resulted in a strong demand from members of the public for more recycling facilities for large volume items. Beverage cartons occupy a considerable volume in the blue sacks.
2. As they are made from a mix of card, plastic and sometimes aluminium, beverage cartons cannot be recycled with paper and card or with plastics.
3. This would be the first recycling scheme for beverage cartons in the North West Region

Other options considered

None

Env/80 Registration and Byelaws for Cosmetic Piercing and Semi-Permanent Skin Colouring

The Committee considered report TS24-05 of the Director of Technical Services seeking approval to introduce byelaws in relation to cosmetic skin piercing and semi-permanent skin colouring in accordance with section 120 of the Local Government Act 2003.

Resolved that:

1. the attached byelaws at Appendix 3 and 4 - PDF 40Kb , relating to cosmetic piercing and semi-permanent skin colouring be approved,
2. the Director of Corporate and Legal Services be authorised to take such action as is necessary to secure the confirmation of the byelaws by the Secretary of State for Health including affixing the Council's seal to the byelaws; and
3. the registration fee for combined registration of the business and the premises should remain, but the fee should also be charged where an application is made to register the business or the premises singularly, and in the event of any amendment to a registration.

Reasons for decision

1. The new byelaws give the Council powers to regulate the activities of cosmetic piercing and semi-permanent skin colouring
2. the Council will be able to check that safety and hygiene measures are in place and can impose a fee for such checks.

Other options considered

None

Env/81 Boatman and Boat Licences Conditions Review

The Committee considered report CLS21/05 of the Director of Corporate and Legal Services detailing proposals for new conditions relating to Boatman Operators and suggesting minor amendments to the specific craft conditions to convert all dimensions to metric status

Resolved that: the Boatman Conditions and Conditions of Boat Hire Notice (Appendix 5 and 6 -PDF 546Kb)  be approved

Env/82 Street Trading Consent Conditions Review

The Committee considered report CLS20/05 of the Director of Corporate and Legal Services detailing proposals for the amendment of conditions relating to Street Trading Consents issued by the Council

Resolved that: the revised Street Trading Consent Policy and Conditions be approved (Appendix 7) - PDF 53Kb

Env/83 Proposed Works at Threlkeld Recycling Centre

The Committee considered report TS33-05 of the Director of Technical Services seeking approval to carry out improvements to the entrance to Jubilee Croft, Threlkeld, where the Council's recycling centre is situated.

Resolved that: approval be given to improving the entrance to Jubilee Croft in Threlkeld at a total estimated cost of £3,000 with £1,000 contribution from Threlkeld Parish Council.

Reasons for decision

1. The Village Recycling Centre scheme continues to provide a useful service to rural areas, particularly to those not served by the Greenbox recycling scheme and is also a source of fundraising in those communities.
2. Improvement to the entrance to the recycling centre in Threlkeld has become necessary due to the rapidly deteriorating state of the existing surface. The pot-holed, uneven surface now poses a danger to recycling contractors and members of the public. In addition, the Parish Council and recycling contractors would welcome a lowering of the gradient, to prevent vehicles from scraping the ground and to enable recycling containers to be wheeled out more safely for emptying.

Other options considered

None

Env/84 Food Standards Agency Audit

The Committee considered report TS36-05 of the Director of Technical Services advising Members of the findings of the Food Standards Agency's audit of the Food Law Enforcement Service. The Committee requested that its congratulations be passed on to the officers involved with the work carried out to achieve such a good report.

Resolved that: the contents of the audit report be noted (Appendix 8) PDF - 115Kb

Env/85 Alternative Enforcement Strategy for Low Risk Food Premises

The Committee considered report TS34-05 of the Director of Technical Services seeking Members approval to adopt an alternative enforcement strategy to carry out food hygiene inspections of low risk food premises.

Resolved that: the following alternative enforcement strategy for low risk food premises be approved to come into effect as from 1 April 2005:

At the beginning of each quarter when the programmed routine inspection of category E premises would have been due, a letter will be sent to the proprietor of the food business and they will be asked complete a self assessment questionnaire relating to their premises and their business. The answers provided will enable officers to make a judgement on the current level of compliance with food hygiene legislation and highlight any changes to the business, which may present an increased food safety risk.

The questionnaire will be similar to and partly based on the 'Fitness for Purpose' initiative referred to above, but will also seek information relating to the type of premises, number of employees, average number of customers per week, types of foods handled etc. Advisory leaflets tailored to the specific type of business e.g. B & B's, retailers, child minders etc, will also be included with the letter to assist businesses comply with the law, promote good practice and highlight any issues that they need to address.

For unrated premises which were not previously included in the inspection programme, a sample of these properties will be included in each quarterly mailing. Approximately one-third of all such premises will be contacted each year.

The aim of the alternative strategy is to minimise the number of visits made to lower risk premises, however, in certain instances food inspections will still be undertaken:

• Where the information provided in the questionnaire indicates that the activities of the business have changed and / or the risk to consumer safety have increased
• Where the information provided in the questionnaire indicates that there is a degree of non compliance which may present a risk to consumer safety
• Of all premises failing to return the questionnaire (businesses will be advised that an inspection will be made if they fail to return the questionnaire)*
• In response to complaints or other concerns raised
• Where a visit is requested
• A small number of follow up verification visits
• At the discretion of the Principal EHO (Food, Health & Safety) where she considers an inspection is warranted

*A reminder letter will be sent out 28 days after the questionnaire has been sent in all cases of non return. This letter will advise that if details are not returned within 14 days, the premises will be re-introduced into the inspection programme.

Reasons for decision

1. The alternative strategy for low risk food premises is in line with the Council's Food Safety Enforcement Policy adopted in January 2004 (Minute Env/69) which states that the Council will ensure resources are targeted primarily to those whose activities give rise to the most serious risks. It also follows the principles of the Governments Enforcement Concordat.
2. The aim of the alternative strategy is to allow the Council to focus attention on those premises which present the greatest risk to consumer safety or who are failing to meet their statutory obligations. As such the Council's resources will be utilised most effectively.
3. The proposals set out in this report are in line with the Local Authorities Coordinators Of Regulatory Services guidance, the Council's Food Safety Enforcement Policy, the Governments Enforcement Concordat and the recently published interim report 'Reducing Administrative Burdens: effective inspection and enforcement'.
4. Evidence from other regulators who have already introduced alternative inspection strategies suggests that in some instances, the method has proved to be more effective than regular inspection.

Other options considered

None

Env/86 Proposed Virement from Grants Fund to Disability Access Grants

The Committee considered report PP18/05 of the Director of Policy and Performance seeking Members' agreement to vire the sum of £6,226 from the Conservation Grants Fund into the current 2004/5 budget for Disability Access Grants.

Resolved (Councillor N Hughes abstaining) that:

1. the contents of the report be noted, and
2. approval be given for a total virement of £6,226 from the Conservation Grants Fund into the Disability Access Budget in the current financial year.

Reasons for decision

To regularise the amount of £3,976 overspent on disabled access grants in the current financial year and to enable a further £2,250 to be spent on disabled access grants in the current financial year

Other options considered

None

Env/87 Appleby Heritage Economic Regeneration Scheme

The Committee considered report PP17/05 of the Director of Policy and Performance seeking approval for a virement of £4,000 from Environment Committee's Visitor Signs capital budget to the Appleby Heritage Economic Regeneration Scheme

Resolved that:

1. a virement of £4,000 be made from the Visitor Signs capital budget to the Appleby HERS budget for 2004/5
2. The decision be exempt from the call-in procedures set out in paragraph 5.15.3 of the yearbook and Constitution, as the decision is considered to be an urgent one, any delay in which would prejudice the Council's and public interest. The decision will be reported to the Council meeting on 21 April 2005.

Reasons for decision

To allow more grant aid to be offered for repair and restoration works to commercial and partly commercial properties within the Appleby Conservation Area which would be of benefit to the town and attract matching funding from English Heritage.

Other options considered

None

Env/88 Waste Performance and Efficiency Grant

The Committee considered report TS43-05 of the Director of Technical Services advising Members of Defra's Waste Performance and Efficiency Grant, and of the £15,997 award made to Eden in 2005-06

Resolved that: the grant awarded to the Council by Defra for 2005-06 be noted and that it be allocated as follows:

Reasons for decision

The award of £15,997 in 2005-06 will enable the Council to build on the existing recycling infrastructure, to provide more facilities for members of the public to recycle large-volume materials. It will also assist in increasing waste awareness through greater promotion, publicity and education.

Other options considered

None

Env/89 Local Air Quality Management: Progress Report

The Committee considered report TS41-05 of the Director of Technical Services updating Members on changes in air quality in Eden since the last formal review in 2003 in accordance with the requirements for Local Air Quality.

Resolved that:

the contents of the report be endorsed and the relocation of the air quality sampling site on Brunswick Road to a more representative position be agreed.

Reasons for decision

1. The testing of air quality within the District meets the following Council aims and objectives: CB Promote a healthy and safe Eden CB01 Protect air and water quality
2. The air sampling position on Brunswick Road is currently located on a site where it is not representative of either the residential houses or the primary school, and it is therefore recommended that the tube be relocated on a site where more accurate data be obtained to assess the measured levels.
3. The 'Progress Report' has been produced as part of the statutory requirements set out under the Local Air Quality Management regime.

Other options considered

None

Env/90 Exclusion of the Press and Public

The Committee considered report PP17/05 of the Director of Policy and Performance seeking approval for a virement of £4,000 from Environment Committee's Visitor Signs capital budget to the Appleby Heritage Economic Regeneration Scheme

Resolved that: in accordance with Section 100A(4) of the Local Government Act 1972, Members of the public (including the press) be excluded from the meeting during discussion of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 8 and 9 of Part I of Schedule 12A of the Act.

Env/91 Contract Management (Paragraphs 8 and 9)

The Committee considered report TS37-05 of the Director of Technical Services which requested Members to determine appropriate matters in connection with contracts under their jurisdiction.

Resolved that:

1. the position with contracts in progress as set out in Appendix 9 be noted, and
2. the list of contracts awaiting audit of final accounts as set out at Appendix 10 be noted

Reasons for decision

1. To meet the requirements of the Contract Procedure Rules and the Financial Procedure Rules.
2. To assist Members in their monitoring and management of contracts.

Other options considered

None

The meeting closed at 8.05pm