To receive Report No. 66/2023 from Councillor R Powell, Deputy Leader and Portfolio Holder for Planning, Highways and Transport and Penny Sharp, Strategic Director of Places.

Report No. 66/2023 was received from Councillor R Powell, Deputy Leader and Portfolio Holder for Planning, Highways and Transport and Penny Sharp, Strategic Director of Places.  The report was presented by Roger Ranson, Planning Policy and Housing Manager and Justin Johnson, Development Services Manager.  During the discussion, the following points were noted:

·       Councillor Stephenson stated that Governance had received a large number of questions from Councillor Begy regarding the minerals authority contract and that officers would provide a written response to those questions for circulation to all members of the Strategic Overview and Scrutiny Committee.

ACTION: Roger Ranson / Justin Johnson

·       The Planning Policy and Housing Manager informed attendees that the monitoring and enforcement of planning conditions was the responsibility of Development Services and not Planning.

·       The Development Services Manager confirmed that an investigation had taken place into the alleged contract breaches stated by the Rutland Quarry Forum.  The investigation had just been completed and the findings would be communicated to the Rutland Quarry Forum and Greetham Parish Council.  

·       The Planning Policy and Housing Manager stated that site monitoring visits had been undertaken to ensure compliance with the contract.  However, due to staff changes and the national shortage of mineral planning officers, 3 x site monitoring visits had been delayed but he reported that the Portfolio Holder had been informed of the delay and that since that time 1 monitoring visit had been completed and the second had a visit date confirmed whilst the third was still to be arranged.  

·       The main concern of the Rutland Quarry Forum had been the cutting of hedgerows in February when the contract excluded such work between the months of February and September. 

·       Attendees were informed that the contract stated that such work could only be done between February and September after consultation with an ecologist to ensure no environmental damage would be done. The Development Services Manager stated that North Northamptonshire Council (NNC) had consulted with their ecologist who had confirmed that the work would not be an issue as there would be no nesting birds in February. 

·       NNC had omitted to inform RCC of this fact prior to the commencement of the work and this had been deemed as a ‘minor’ breach of contract, which required no enforcement action by RCC and no payment of punitive damages by NNC. 

·       As a result of the investigation, NNC were now aware that such breaches would not be permitted and that RCC would continue to closely monitor the contract.   RCC had also reviewed its contract restrictions so that future quarrying contracts were more clearly defined.

·       It was noted that money had been allocated within the Local Plan to pay for staff training regarding mineral waste qualifications and that investigations were ongoing as to which courses staff should attend. The ‘upskilling’ of staff has also included RCC officers attending NNC mineral waste meetings/discussions and the introduction of an action log by Development Services detailing what needed doing and by when so that RCC officers would be more proactive in the monitoring of contracts.

·       The Planning Policy and Housing Manager confirmed that NNC received the revenue from the site monitoring visits and that the enforcement regulations fell under RCC’s enforcement policy and not NNC’s enforcement policy.

·       The Development Services Manager informed attendees that the meetings between NNC and the quarry operators had no official minutes  but RCC officers were either in the meeting or sent notes from the meeting. 

·       RCC managers also received monthly update reports from NNC and attended  quarterly review meetings.

·       It was noted that since February 2022, 2 members of NNC’s mineral waste team had left, 1 new member of staff had been recruited and 3 members of staff had remained.  Attendees were informed that the team included a very experienced officer who had been a professor at Oxford and worked for the National Infrastructure Commission.

·       The Planning Policy and Housing Manager confirmed that the details of the SMART objectives outlined in the mineral waste contract would be re-circulated as requested.

·       Members were informed that the previous contract had not been properly monitored but the Planning Policy and Housing Manager  assured attendees that the new contract was being monitored correctly.

·       The Development Services Manager confirmed that he would check if NNC had access to RCC’s planning portal as was requested in February 2022.

ACTION: Justin Johnson

·       It was confirmed by the Planning Policy and Housing Manager that a material or persistent breach as detailed in paragraph 6.1 would be a failure to deliver over a period of time against the performance indicators.

·       Councillor G Brown requested stronger and clearer SMART objectives in future contracts particularly the upcoming Ketton quarry contract.

RESOLVED

That the Committee:

1.    CONSIDERED the report on the first year of the contract with North Northamptonshire Council for the provision of minerals and waste planning advice to the County Council.

2.    RECOMMENDED to the Leader that minerals waste was explicitly identified within a portfolio and that the Portfolio Holder and Members received a quarterly overview report regarding the progress of the minerals waste contract and the monitoring visits and that the details of the monitoring visits should be shared with the Rutland Quarry Forum.

3.    RECOMMENDED that Cabinet considered the SMART objectives within the Minerals Waste Contract and developed them to be SMART i.e. more robust.

4.    RECOMMENDED to Cabinet that the minimum planning conditions as detailed in the Greetham Quarry contract should be adopted as the standard for future quarrying contracts by Rutland County Council.

5.    RECOMMENDED that Cabinet should undertake to investigate a plan to increase minerals monitoring and enforcement skills/resource and review potential funding through the Local Plan funds, monitoring visits and planning fees.

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Councillor G Brown, Mr Roger Ranson and Mr Justin Johnson left the meeting at 8.28 p.m.

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