OFFICER DECISION RECORD
FEES FOR ANTI-SOCIAL BEHAVIOUR ACT 2003 PT 8
This form should be used to record executive decisions taken by officers under the scheme of delegations.
1. Directorate / Environment Services / Date / 3 / May / 2005Contact Name / Matthew Chatfield / Telephone Number / Ext 3892
Subject Matter / Setting level of fees and refunds for High Hedges (Anti-social Behaviour Act 2003 Pt 8)
2. Decision Taken
The scale of fees and refunds will be as set out in Appendix 1.
3. Relevant Background Considerations
The legislation in Part 8 of the Anti-social Behaviour Act 2003 concerning High Hedges will come into force on 1 June 2005. The Council are required to accept and process complaints from this date. In order to do so an approved scheme of fees is mandatory. Refunds and discounts are discretionary. The 23 March, 2005 written Ministerial statement states 'local authorities in England will be free to decide whether, and at what level, it is appropriate to charge for this service, taking account of local circumstances and local taxpayers' wishes'.
4. Consultation Undertaken
The decision was taken in consultation with the Capital Technician (Central Accountancy Services); the Portfolio Holder for Sustainable Development, Environment and Planning Policy; the Environment & Economic Well-Being Team Leader (Legal Services); and the Head of Planning Services.
5. Options Considered and Reason/s for the Decision
Options explored:
1. Set fee and refund level as set out in Appendix 1
2. Set different fee and refund levels
3. Defer the decision for further consultation
Option chosen and why:
Option 1 – To set the fee and refund level as set out in Appendix 1
Reason: the cost to the Council of administering this new legislation cannot be fully recovered from users without making unreasonably high charges; but, in line with the government assessment of the likely costs, the proposals in Appendix 1 allow some recovery, whilst the remainder of the costs must be borne by the Countryside Section. A 50% discount for those on tested benefits is proposed. A scheme of refunds is proposed to encourage continued negotiation in the hope that complaints can be resolved between the parties even after a submission has been made.
This decision will be reviewed after one year.
6. Legal Implications
The legislation in Part 8 of the Anti-social Behaviour Act 2003 will come into force on 1 June 2005. The Council are required to publish its fees and any refunds and discounts; and to accept and process complaints from this date. In order to do so an approved scheme of fees is mandatory. Refunds and discounts are discretionary but if applied must be in an approved scheme.
Advised By / Helen Miles
7. Financial Implications
From 1 June it will be necessary to accept payments for complaints and, if appropriate, process refunds. The cost of administering the new legislation will fall to the Countryside Section, and any income accrued will be used by the Countryside Section to offset the cost of administering the new legislation. The proposed scheme will not fully cover the cost of administering the process but to raise the fee level beyond that in Appendix 1 would place an unreasonable cost on the complainant.
Advised By / Scott Headey
8. Delegation Being Exercised
Paragraph 2.1 of the Delegation to Officers Scheme
9. Signed / Date / 3 / 5 / 2005
I have consulted on the above decision
For use if it is considered appropriate to consult the relevant Member in taking a decision.
Leader, Deputy Leader or relevant Portfolio Holder / Cllr Mrs Butchers / Date / 26 / 4 / 2005
Select Committee / Date
Chair of Committee for Regulatory Functions / Date
Appendix 1
Background information
The legislation in Part 8 of the Anti-social Behaviour Act 2003 concerning High Hedges will come into force on 1 June 2005. The Council are required to accept and process complaints from this date. In order to do so an approved scheme of fees is mandatory. Refunds and discounts are discretionary. The 23 March, 2005 written Ministerial statement states 'local authorities in England will be free to decide whether, and at what level, it is appropriate to charge for this service, taking account of local circumstances and local taxpayers' wishes'.
The Welsh Assembly has already agreed a maximum figure for Wales, which is £320. The English ODPM undertook a Regulatory Impact Assessment and published a similar maximum cost to administer a complaint of £340, although in England there is no statutory maximum and a Council may, if it wishes, set as high a fee as it sees fit. The IW Council made an estimate of the likely costs which was considerably higher than both of these, at £564. This difference is largely because of the perceived cost of administering appeals and future enforcement, which are likely to be significant as a majority of the complaints brought are concerned with neighbour disputes where negotiations have been unsuccessful.
To recover the entire cost of administering the process from the complainant would lead to the imposition of a fee which is unreasonably high, and likely to put access to this legislation beyond the reach of some people. Therefore a lower cost which reflects only the governments’ maximum figure is proposed.
Fee level
The basic fee level is set at £340, which may be subject to discounts and/or refunds.
Discounts
The matter of refunds and discounts is discretionary. A 50% discount is offered for those on one or more means-tested benefits, which for this purpose are defined as follows:
Means tested benefits =
· Council Tax Benefit
· Income based Jobseeker's Allowance
· Housing Benefit
· Income Support or Guarantee Credit
Or any means-tested benefit which replaces any of these.
There is an estimated 25% of the Island’s population on such benefits, and therefore there is likely to be a significant cost to implementing this discount scheme. Assuming that 25% of complainants qualify, to accommodate this discount without extra cost to the Council would require raising the fee level to £390. This obliges non-benefit claiming complainants to subsidise those who are making a discounted complaint. However, in order to keep the basic fee cost at a reasonable level, this approach will not be taken and the cost of subsidising complaints made by benefits claimants will be borne by the Countryside Section.
Refunds
To encourage landowners and complainants to continue negotiation after a complaint has been made, a system of refunds is offered based on the amount of work which the Council will have put into a case. Put simply, if the complaint is withdrawn, a refund can be offered to reflect the saved cost of the work which has not been undertaken. The earlier the complaint is withdrawn, the more the refund.
Schedule of refunds:
· 75% of fee paid to be refunded if the complaint is withdrawn before any letters have been sent by the Council.
· 25% of fee to be refunded if the complaint is withdrawn within 28 days of dispatch of initial letters by the Council.
· 10% of fee to be refunded if the complaint is withdrawn at any time after 28 days from dispatch of initial letters and before any decision letter is sent.
· No refunds are offered after the decision letter has been sent.
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