Minutes for Overview and Scrutiny Committee (Regeneration and Environmental Services) meeting, Sep 15 2009, 6.30PM official page

An apology for absence was received from Councillor Weavers.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations were received.

Minutes of the meeting held on *

That the Minutes of the meeting held on 7 July 2009, be confirmed as a correct record.

Report of the Head of Tourism.

Further to Minute No. 8 of 2 June 2009, the Committee considered the report of the Head of Tourism advising Members of progress made to date with regards to the implementation of the tourism strategy for Sefton – “A Tourism Vision for Sefton 2020”, which had been approved in June 2004, and giving details of the Department’s proposals for the implementation of tourism related projects across Sefton. 

Members discussed the report in detail and the Head of Tourism answered questions on the following issues:-

            (i)         the Leeds-Liverpool Canal, its present condition and the possibility of future development;

            (ii)            the Cruise Terminal on the River Mersey;

            (iii)            Lydiate Hall;

            (iv)            the original course of the Grand National;

            (v)            commemoration of the Battle of the Atlantic;

            (vi)       public realm works on Lord Street and Scarisbrick Avenue, Southport;

            (vii)            Kings Gardens, Southport improvements; and

            (viii)            the proposed redevelopment of Southport Market Hall.

The Head of Tourism also reported in detail on the development of tourism within Sefton as a whole, including conference facilities, Southport “Classic Resort” and the Sefton “Golf Coast” and identified how this linked in with the development of tourism in the Merseyside region.

Resolved: That

(1)       the considerable progress made to date in the Visitor Economy of Sefton as a whole be noted, including previous work focused on the Borough’s traditional tourism centres such as Southport, and more recent initiatives relating to the Sefton Coast, Grand National and Sefton’s European Capital of Culture Programme which have evidenced the importance of the visitor economy to the social and economic wellbeing of the Borough; and

(2)       further consideration be given to the issue of the Leeds-Liverpool Canal, its present condition and the possibility of future development, with a view to this being included in the Committee’s work programme, possibly by establishing a short term Working Group.

Report to follow.

The Committee considered the Final Report on the findings of the Watercourse Maintenance and Flooding Working Group.

The Working Group had been established at the meeting held on 3 June 2008 (Minute No 7 refers) with the remit to:-

(i)         examine the adequacy of the maintenance of watercourses and drainage in the Borough, particularly in light of the Pitt Review; and

(ii)        gain a publicly accessible understanding of each Agency’s / and Agencies’ joint responsibilities in relation to flooding risks.

The original membership of the Working Group was Councillor Papworth (Lead Member), Councillors Cluskey, Griffiths, Cliff Mainey and Sylvia Mainey. However Councillor Griffiths was obliged to withdraw from the Group following his appointment to the Cabinet in early May 2009. 

RESOLVED: That

(1)       the report be received;

(2)       the following recommendations of the Working Group be approved and referred to the Cabinet for consideration:-

(a)   General

(i)           Cabinet and Chief Officers should note that since December 2008 the local authority has become the lead authority for flood risk management and all aspects and should make the appropriate arrangements in response to this new role.

(ii)         Sefton should immediately establish a ‘Sefton Flooding Group’, along the lines of the successful Group now operating in Wirral MBC. This Working Group should take forward the recommendations set out in this report.

(iii)       Information should be made available to all residents and local businesses that sets out the contact details and areas of responsibility relating to flooding and what support flooded homeowners can expect.

(iv) The Council needs to make landowners aware of their riparian responsibilities in relation to watercourses which cross their land and seek to find ways to enforce action from these individuals, while ensuring that the Council’s own riparian ownership responsibilities are fulfilled.

(iv)             the Council should take on board the recommendations of the Pitt review, the Government’s forthcoming flooding Bill and the actions proposed therein and take note of the comments on the Bill made by the Drainage Services Manager as part of the consultation process;

(v)        Cabinet be recommended to take note of the recently prepared Flood Risk Assessment;

(vi)       the Council should take account of the financial and other implications of the forthcoming report on climate change to be submitted by the Drainage Services Manager.

(b)  Coastal / Tidal Flood Risks

(i)                 Plans should be implemented to protect the area between the Coastguard Station, Blundellsands/Crosby & Hightown;

(ii)               The Council needs to discuss the repair of the "Training Bank" with interested parties

(c)   Watercourse / Fluvial Flood Risks

(i)           Within the authority’s budgetary constraints the funding and development of a regular maintenance programme of the strategic watercourses across the Borough should be considered and the acceleration of the production of a definitive map of all watercourses should be investigated;

(ii)         The Council should request the Environment Agency to install remote monitoring of water levels in the Lunt/Maghull area as a matter of urgency;

(iii) the Council should make efforts to provide assistance to residents whose properties have been subject to flooding as a result of the flooding of watercourses outside of the cartilage of their premises (for example from a neighbouring property) by way of emergency contact numbers or reporting procedures;

(iv) the Council should consider introducing a policy prohibiting any further culverting of open watercourses;

(v) the Council should instigate a programme to comply with its duty to inspect and maintain watercourses where culverted under the highway, firstly by compiling a comprehensive record of all such watercourses and then implementing a regular inspection and maintenance programme thereof.

(d)  Land and Highway Flood Risks

(i)           Residents should be notified in good time when gully cleansing is due to take place so that they can avoid parking over gully drainage grates;

(ii)         Within the authority’s budgetary constraints the funding and development of a more proactive response to flooding and maintenance across the Borough should be considered;

(iii) there is a need to ensure the proper screening of gully drainage grates etc. when highway surfacing works are carried out.

(e)   Pluvial or Surface Water Flood Risks

(i)           The Planning Department should look at means of enforcing planning permission for hard landscaping across the Borough (for example flagging front and rear gardens);

(ii) The Planning Department should endeavour to ensure that a flood risk assessment is included as part of the planning application process;

(iii) The Planning Department should consider methods of ensuring that building does not take place above existing watercourses.

(f)     Sewer or Foul Flood Risks

(i)                Sefton should publicise the responsibility of individuals, and private contractors, to not to dispose of certain materials down our domestic drains

(ii)              The Council should consult with United Utilities with a view to agreeing a practical schedule of sewer replacements within the borough.

(iii)            The Working Group is concerned that the budget for the maintenance of gullies has been significantly reduced to the extent that gullies are now only able to be cleaned once per year and feels that the decision in respect of this budget should be revisited.

(3)               The Cabinet be requested to note that the report will be shared with United Utilities, the Environment Agency and Parish Councils;

(4)            Cabinet be requested to note that the report should be considered as a “work in progress” and that aspects may need to be revisited over time as conditions dictate; and

(5)       If the above recommendations are agreed by Cabinet a further report setting out a proposed practical way forward, including likely costs and timescales will be submitted to the Cabinet for consideration.

Report to follow

The Committee considered the report of the Legal Director presenting the final report of the Community Involvement - Licensing Act Working Group.

The Scrutiny and Review Committee (Regeneration and Environmental Services) (as it was then known) at Minute No. 45(5) of 23 October 2007 had established the Working Group with the following Members:-

Councillors C. Mainey (Lead Member), S. Mainey, Papworth, Veidman and Webster.

The terms of reference and objectives were:-

(i)   To examine the current policy in relation to Ward Councillors’ involvement in petitions;

(ii)   To examine the existing protocol in relation to the granting of licences and reviews in terms of notifications and local residents and Ward Councillors;

(iii)   To examine the current policy in relation to reviews including the recording of incidents, log trail and members of the public recording complaints anonymously; and

(iv)   To examine how much evidence is required when investigating complaints.

The review commenced in November 2007 following which the Group held meetings, interviewed witnesses and consulted with interested parties culminating in the following recommendations:-

1.   That those occupiers and owners of properties with curtilages abutting those premises applying for a Premises Licence, Club Premises Certificate, the Variation of a Premises Licence or Club Premises Certificate or any Premises subject to a review, be notified of any such application.

2.   Any such Borough-Wide notification procedure to be adopted for a 12 month period with the results of the pilot being the subject of a further report to the Licensing and Regulatory Committee to consider whether the scheme of notification be continued/enhanced/withdrawn, as appropriate prior to the full review of Sefton’s Statement of Licensing Policy for 2011.

3.   That the Report in relation to the outcomes of the Borough-Wide pilot on notification be submitted to the Overview and Scrutiny Committee (Regeneration and Environmental Services) for information.

RESOLVED: That

(1)       the Chair, in consultation with the Overview and Scrutiny Officer be authorised to amend the final report accordingly as a result of comments from this meeting;

(2)       the final report and recommendations detailed in paragraph 9.0 (and set out above) be agreed;

(3)       the final report be referred to the Public Engagement and Consultation Standards Panel for its consideration and comment;

(4)       the final report, together with any comments from the Public Engagement and Consultation Standards Panel be referred to Licensing and Regulatory Committee for consideration and comment.

(5)       the final report be referred to the Overview and Scrutiny Committee (Performance and Corporate Services) for information; and

(6)       the final report together, with any comments from the  Licensing and Regulatory Committee and the Public Engagement and Consultation Standards Pane,l be referred to Cabinet for further consideration.

Report of the Legal Director

In order to keep Overview and Scrutiny Members informed, it had been agreed at the Overview and Scrutiny Management Board on 25 August 2009 to submit relevant Cabinet Member Reports to future Overview and Scrutiny Committees.

Accordingly, the Committee received reports from the Cabinet Members for Environmental, Leisure and Tourism, Regeneration and Technical Services.

RESOLVED:

That the Cabinet Member reports be noted.

Report to follow.

This item was withdrawn.

Report of the Legal Director.

The Committee considered the report of the Legal Director attaching the latest Key Decision Forward Plan which contained all the Key Decisions which the Executive was anticipated to take during the above period. The Committee was advised of its right to pre-scrutinise any Key Decision which fell under its remit.

RESOLVED:            That

(1)       the contents of the Forward Plan for the period 1 September to 31 December 2009, be noted;

(2)       the progress and actions of the Working Groups to date be approved.