| Time: | 7.30pm | Place: | Council Chamber, Council Offices, Gernon Road, Letchworth Garden City |
| PRESENT: | Councillor Mrs L.A. Needham (Chairman), Councillor T.W. Hone (Vice-Chairman), Councillor P.C.W. Burt, Councillor Julian Cunningham, Councillor Jane Gray, Councillor Tony Hunter (until 10.15pm), Councillor David Levett and Councillor Bernard Lovewell. |
| IN ATTENDANCE: | Chief Executive, Strategic Director of Finance, Policy & Governance, Strategic Director of Customer Services, Head of Finance, Performance & Asset Management, Head of Revenues, Benefits & IT, Head of Development and Building Control, Head of Policy & Community Services, Information Communication Technology Manager, Communications Manager, Revenues Manager, Strategic Housing Manager, Senior Planning Officer, Senior Estates Surveyor, Acting Corporate Legal Manager, Democratic Services Manager and Committee & Member Services Manager. |
| ALSO PRESENT: | Councillors Cathryn Henry (Chairman of Overview & Scrutiny Committee and Simon Harwood (representing the Finance, Audit & Risk Committee). 1 Member of the Public. |
| Meeting attachments |
Agenda Front Pages Audio Recording of Meeting |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 41 |
APOLOGIES FOR ABSENCE There were no apologies for absence. |
Noted | ||
| 42 |
MINUTES Minutes RESOLVED: That the Minutes of the meeting of Cabinet held on 28 July 2015 be approved as a true record of the proceedings and signed by the Chairman. |
Agreed | ||
| 43 |
NOTIFICATION OF OTHER BUSINESS The Chairman announced that there would be an additional item of business, which would be an oral report in respect of the Syrian Refugees situation. This item would be taken immediately following Item 5 - Public Participation. |
Noted | ||
| 44 |
CHAIRMAN'S ANNOUNCEMENTS (1) The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but she asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices. In addition, the Chairman had arranged for the sound at this particular meeting to be recorded; (2) The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question; and (3) The Chairman asked that, for the benefit of any members of the public present at the meeting, Officers announce their name and their designation to the meeting when invited to speak. |
Noted | ||
| 45 |
PUBLIC PARTICIPATION There was no public participation. |
Noted | ||
| 46 |
SYRIAN REFUGEES The Executive Member for Housing and Environmental Health advised that, earlier in September 2015, the Prime Minister had announced that the United Kingdom would be taking in 20,000 Syrian refugees during the lifetime of the current Parliament. The Local Government Association (LGA) was in the process of collating responses from local authorities as to their ability and capacity to house these refugees. The Executive Member for Housing and Environmental Health stated that much more clarity was need from the Government, including funding details. The LGA was pressing for more information, but none had so far been forthcoming. The Executive Member for Housing and Environmental Health explained that the major role for NHDC would be in potentially housing some of the refugees, but if this was to take place then it would need to be done in association with housing partners, private sector landlords, health bodies and Hertfordshire County Council, in terms of social services and education requirements. The Executive Member for Housing and Environmental Health proposed that a report on this matter be brought back to the Cabinet meeting to be held on 10 November 2015, in order to consider the outcome of Officers' investigations in gathering further information about the Syrian refugees situation. Cabinet supported this approach. RESOLVED: That the Government position on the proposed resettlement of refugees from camps around the Syrian border be noted, the aims and intentions of this action be fully supported, and Officers be therefore requested to undertake investigations to establish: - In consultation with our partners the capacity to house refugee families taking into account the knock-on effects of any such action; - The extent of government funding for any such actions; - The potential costs of any such action over and above that that may be expected from government sources; - In conjunction with our partners any other capacity issues such as pressure on social services in the District, family support etc. and establish indicative costs to allow these matters to be dealt with; and - The legal implications of the Council in hosting a voluntary register of those prepared to host a refugee, and that a report on these matters be brought back to the Cabinet meeting to be held on 10 November 2015. REASON FOR DECISION: To enable the consideration of matters relating to the proposed resettlement of Syrian refugees. |
Agreed | ||
| 47 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 SEPTEMBER 2015 - ECONOMIC DEVELOPMENT STRATEGY Referral RESOLVED: That consideration of this referral take place in conjunction with agenda item number 13 (see Minute 59 below). |
Noted | ||
| 48 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 SEPTEMBER 2015 - CONSULTATION STRATEGY 2016-2020 Referral RESOLVED: That consideration of this referral take place in conjunction with agenda item number 12 (see Minute 58 below). |
Noted | ||
| 49 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 SEPTEMBER 2015 - REGULATION OF INVESTIGATORY POWERS ACT UPDATE AND ANNUAL REVIEW Referral Appendix A - RIPA Policy The Cabinet considered the following referral from the Overview and Scrutiny Committee, made at its meeting held on 22 September 2015 in respect of the Regulation of Investigatory Powers Act (RIPA) Update and Annual Review (Minute 55 refers): "RECOMMENDED TO CABINET: That the amended North Hertfordshire Regulation of Investigatory Powers Act 2000 Policy and Procedures be adopted." The Acting Corporate Legal Manager advised that the only substantive changes to the previous year's Policy were an additional paragraph (6.4) to Section 6 - Procedure to obtain a RIPA authorisation, and an additional new Section 12 in respect of Social Networking Sites. It was agreed that the final sentence of Paragraph 6.4 should be amended to read "This should be borne in mind when submitting an application to the Magistrates' Court under Paragraph 7 below". RESOLVED: That, subject to the inclusion of some minor rewording to Paragraph 6.4 of the document, the Council's amended North Hertfordshire Regulation of Investigatory Powers Act (RIPA) 2000 Policy and Procedures, as attached at Appendix A to the report, be adopted. REASON FOR DECISION: To comply with best practice guidance. |
Agreed | ||
| 50 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 SEPTEMBER 2015 - DISCLOSURE BARRING SERVICE (DBS) CHECKS FOR COUNCILLORS Referral The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 22 September 2015 in respect of the Disclosure Barring Service (DBS) Checks for Councillors, which was considered as part of an annual report on Safeguarding Performance (Minute 53 refers): "RECOMMENDED TO CABINET: That, if their role involves regular and unsupervised contact with children and vulnerable adults, enhanced Disclosure Barring Checks be carried out on all Executive Members and the Children's Champion." Cabinet briefly debated the recommendation from the Overview and Scrutiny Committee, and agreed that it would be prudent for all Executive Members and the Children's Champion to be subject to enhanced Disclosure Barring Checks, regardless of whether their role involved regular and unsupervised contact with children and vulnerable adults. RESOLVED: That enhanced Disclosure Barring Checks be carried out on all Executive Members and the Children's Champion. REASON FOR DECISION: To consider the best course of action in respect of Disclosure Barring Checks for Councillors. |
Agreed | ||
| 51 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 24 SEPTEMBER 2015 - MANAGING ORGANISATIONAL CONFLICTS IN COUNCIL ROLES AND DUTIES - DRAFT GUIDANCE Referral RESOLVED: That consideration of this referral take place in conjunction with agenda item number 11 (see Minute 57 below). |
Noted | ||
| 52 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 24 SEPTEMBER 2015 - RISK MANAGEMENT UPDATE Referral Appendix A - Top Risks In the absence of both the Chairman and Vice-Chairman of the Finance, Audit and Risk Committee, Councillor Simon Harwood (a Member of the Committee) presented the following referral from that Committee, made at its meeting held on 24 September 2015 in respect of a Risk Management Update (Minute 30 refers): "RECOMMENDED TO CABINET: That the following amendments to the Top Risks be approved: (1) changes to the "Homelessness and use of Bed and Breakfast" risk to move it from an SMT to Cabinet Top Risk and an increase in its likelihood assessment; (2) the increased assessment of the likelihood of the "Managing the Council's Finances" Top Risk; and (3) changes to the Waste and Street Cleansing Renewal risk that include a reduction in the likelihood of the "Waste and Recycling Materials for Flats" risk and a new sub-risk of the "Sale of Materials"." The Executive Member for Finance and IT stated that he had no problems with the above recommendations. RESOLVED: That the following amendments to the Top Risks be approved: (1) changes to the "Homelessness and use of Bed and Breakfast" risk to move it from an SMT to Cabinet Top Risk and an increase in its likelihood assessment; (2) the increased assessment of the likelihood of the "Managing the Council's Finances" Top Risk; and (3) changes to the Waste and Street Cleansing Renewal risk that include a reduction in the likelihood of the "Waste and Recycling Materials for Flats" risk and a new sub-risk of the "Sale of Materials". REASON FOR DECISION: To ensure management of Cabinet Top Risks. |
Noted | ||
| 53 |
STRATEGIC PLANNING MATTERS Report The Executive Member for Planning and Enterprise presented a report of the Strategic Director of Planning, Housing and Enterprise informing Members of the current position regarding strategic planning matters, with particular reference to Luton and Central Bedfordshire progress on Local Plans; Hertfordshire Minerals Local Plan - Initial Consultation Document; Government Announcements; North Hertfordshire Local Plan; and New Settlement work. The Executive Member for Planning and Enterprise updated Cabinet on the following matters: - Government Announcements - the Department of Communities and Local Government (DCLG) had made changes to the National Guidance in Planning Policy for traveller sites. These changes included amending the planning definition of travellers to limit it to those who had a nomadic way of life, meaning that where someone had given up travelling permanently they should be treated no differently from the settled population. The new document also restricted circumstances in which temporary permission for Gypsy sites may be given in the Green Belt; - North Hertfordshire Local Plan - the representations (in excess of 8,500) made to the Local Plan Preferred Options Consultation were now available to view on the Council's website. Officers were in the process of analysing the representations and reviewing the Local Plan evidence base. As a result of this on-going work, as well as taking into consideration the findings emerging from the Luton and Central Bedfordshire HMA assessment work and changes in government guidance in relation to the NPPF, the timetable for the preparation of the Local Plan would need to be reviewed as the Council worked towards its submission draft. The North Hertfordshire District Council Local Development Scheme (LDS), previously approved by Full Council on 4 September 2014, would be reviewed and was anticipated to be submitted to Cabinet and Full Council in November 2015; - New Settlement Work - Officers were in the process of seeking advice and guidance regarding the preparing of a scoping paper outlining what would be involved in exploring a new settlement option in North Hertfordshire as a means of addressing our longer term housing needs post 2031. This would include the issues set out in Paragraph 8.12 of the report. Officers had met and were arranging to receive further advice from ATLAS (Advisory Service for Large Applications) which was part of the Homes and Communities Agency. Through ATLAS, a meeting with the DCLG was being sought. Following these meetings, a scoping document would be presented to Cabinet. In respect of progress on the Luton Local Plan, the Head of Development and Building Control commented that Luton Borough Council's Executive had considered a Pre-Submission version of the Plan at its meeting held on 21 September 2015. The document stated that Luton required 17,800 dwellings during the Plan period (6,700 within the Borough, and the remaining 11,100 from neighbouring authorities, which it proposed to achieve through the Duty to Co-operate regime). Cabinet would be advised of the outcome of that item as soon as the minutes of the meeting were finalised. In noting the report, the Chairman supported the request by the Executive Member of Planning and Enterprise that the former Principal Strategic Planning Officer (Richard Kelly) be thanked for all his hard work on the North Hertfordshire Local Plan and other strategic planning issues over the past few years. RESOLVED: That the report on Strategic Planning Matters be noted. REASON FOR DECISION: To ensure that the Cabinet is kept informed of developments on strategic planning matters. |
Noted | ||
| 54 |
FIRST QUARTER REVENUE MONITORING 2015/16 Report Appendix A - General Fund Summary The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Budget Monitoring 2015/16. The following appendix was submitted with the report: Appendix A - General Fund Summary. The Executive Member for Finance and IT advised that the figure of £277,000 in the second line of Paragraph 7.2 of the report should be £217,000. The Executive Member for Finance and IT referred to the Executive Summary and the various tables of information contained in the report, as follows: - Net General Fund expenditure for 2015/16 (Table 1) - Forecast net expenditure at first quarter in 2015/16 was £16.494million. This was £216,000 (1.3%) higher than the working budget, and £433,000 (2.7%) higher than the original budget; - Budgets Carried Forward from 2014/15 (Table 2) - Of the £464,000 of carry forward budgets into 2015/16, £139,000 (30%) had been spent by the end of the first quarter. There were two carry forwards at amber status that may not be spent by the end of the year; - Achievement of Efficiencies (Table 3) - It was expected that £185,000 of agreed efficiency proposals would be achieved; - Key Financial Indicators (Table 4) - All five indicators were at green status; - General Fund Reserve Balance (Table 5) - The General Fund reserve was now forecast to have a balance of £6.112million at 31 March 2016. This was £4.439million higher than the originally approved minimum balance of £1.673million; - Allowance for financial risks (Table 6) - The budgeted minimum General Fund balance of £1.673million included an allowance of £873,000 for known financial risks. As at the end of the first quarter, £381,000 of these risks had been realised; and - Earmarked Reserves (Table 7) - As at 1 April 2015 there was a balance of £4.938million in other useable earmarked reserves. The balance was forecast to be £4.290million at 31 March 2016. RESOLVED: (1) That the report be noted; (2) That the changes to the 2015/16 General Fund Budget, as identified in Paragraph 8.1, Table 1 of the report, and involving an increase in net expenditure of £216,000, be approved; and (3) That the changes to the 2016/17 General Fund Budget, as identified in Paragraph 8.1, Table 1 of the report, and involving an increase in net expenditure of £110,000, be approved; and REASON FOR DECISION: To monitor and request appropriate action of Directorates who do not meet the budget targets set as part of the Corporate Business Planning process; and to ensure that changes to the Council's balances are monitored and approved. |
Agreed | ||
| 55 |
TREASURY MANAGEMENT FIRST QUARTER 2015/16 Report Appendix A - Treasury Management Update - June 2015 The Executive Member for Finance and IT presented a report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Treasury Management Monitoring 2015/16. The following appendix was submitted with the report: Appendix A - Annual Treasury Management Update - June 2015. The Executive Member for Finance and IT advised that the Council had operated within the treasury and prudential indicators set out in the Treasury Management Strategy Statement and in compliance with the Treasury Management Practices. The Executive Member for Finance and IT stated that the Council had generated £0.101M of interest during the first quarter of 2015/16. The average interest rate agreed on new deals during the quarter by Tradition was 1.00% and in-house was 0.6%. The average interest rate on all outstanding investments at 30 June 2015 was 1.17%. The Executive Member for Finance and IT explained that it continued to prove challenging to find counterparties willing to pay a reasonable return on cash investments, either long or short term. This issue was expected to continue during 2015/16. The bank rate had remained at 0.5%, and Capita expected this rate to hold until June 2016 when they were forecasting a rise to 0.75%. The Executive Member for Finance and IT commented that, at the end of the first quarter, the Council had 21% (£9.75M) invested for longer than 364 days. One new deal of £4M was placed during the quarter for longer than one year. As approved in the Treasury Strategy, maturing Sterling deals had been reinvested by Tradition. £4.5M of Sterling deals that matured in October 2015 would be retained in-house to fund Capital expenditure. The amount of investment interest expected to be generated during the year was £0.415M. This was an increase on the original budget of £0.05M. RESOLVED: That the position of Treasury Management activity as at the end of June 2015, as set out in the report, be noted. REASON FOR DECISION: To ensure the Council's continued compliance with CIPFA's Code of Practice on Treasury Management and the Local Government Act 2003, and to ensure the Council manages its exposure to interest and capital risk. |
Agreed | ||
| 56 |
FIRST QUARTER CAPITAL MONITORING 2015/16 Report Appendix A - Capital Programme Summary 2015/16 onwards Appendix B - Capital Programme Detail 2015/16 onwards The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the First Quarter Capital Programme Monitoring 2015/16. The following appendices were submitted with the report: Appendix A - Capital Programme Summary 2015/16 onwards; and Appendix B - Capital Programme Detail 2015/16 onwards. The Executive Member for Finance and IT drew attention to the tables in the report with regard to the Scheme Timetable Revision and Changes to Capital Schemes commencing in 2015/16. The Executive Member for Finance and IT advised that the balance of useable capital receipts available at the start of the year to fund capital expenditure for 2015/16 and onwards was £0.851million. The 2015/16 Capital Programme of £12.356million required a total of £9.6million from the Council's capital resources. As a result, it would be necessary to draw down approximately £5.5million from the Council's set aside receipts to fund the current programme. In June 2015, the Council received £4.823million from the disposal of land, which increased the useable capital receipts total to £5.7million. The Executive Member for Finance and IT stated that the capital programme would need to remain permanently under close review due to the limited availability of capital receipts and the affordability in the general fund of the cost of using the Council's set aside capital receipts. When capital receipts were used and not replaced the availability of cash for investment reduced. Consequently, interest income from investments reduced. The Council currently earned around 1% interest on cash investments. The general fund estimates were routinely updated to reflect the reduced income from investments. The Executive Member for Finance and IT drew attention to the fact that NHDC was providing a significant capital investment in the District over the next five years of £29.5million. RESOLVED: (1) That the changes to the projected Capital Programme for 2015/16 onwards arising from the re-profiling of schemes, as identified in Paragraph 8.3, Table 1 of the report, and totalling a decrease in expenditure in 2015/16 of £0.175million, be approved; (2) That the changes to the projected Capital Programme for 2015/16 arising as a result of changes to the capital schemes, as identified in Paragraph 8.4, Table 2 of the report, and totalling a net decrease in expenditure of £55,000, be approved; and (3) That the changes to the projected Capital Programme for 2015/16 and onwards arising from an increase in budget of up to a maximum of £138,000 for the North Hertfordshire Museum and Community Facility, as agreed by Council on 16 July 2015, be approved. REASON FOR DECISION: To approve revisions to the Capital Programme, and to ensure that the Capital Programme is fully funded. |
Agreed | ||
| 57 |
MANAGING ORGANISATIONAL CONFLICTS IN COUNCIL ROLES AND DUTIES - DRAFT GUIDANCE Report Addendum Appendix A - Proposed Guidance - Managing Organisational Conflicts in Council roles and duties The Cabinet Chairman presented a report of the Acting Senior Lawyer in respect of managing organisational conflicts in Council roles and duties. The following appendix was submitted with the report: Appendix A - Proposed Guidance - Managing Organisational Conflicts in Council Roles and Duties. In the absence of both the Chairman and Vice-Chairman of the Finance, Audit and Risk Committee, Councillor Simon Harwood (a Member of the Committee) presented the following referral from that Committee, made at its meeting held on 24 September 2015 in respect of the proposed Guidance for Managing Organisational Conflicts in Council Roles and Duties (Minute 26 refers): "RECOMMENDED TO CABINET: That, subject to the inclusion of some additional wording to strengthen the document, the draft Guidance on Managing Conflicts in Council Roles and Duties, as attached at Appendix A to the report, be approved." The additional wording referred to by Councillor Harwood was tabled at the meeting. It related to amended Paragraphs 3.5 and 4.1 of the Guidance document. The Cabinet Chairman advised that she had no problem with the recommended changes proposed by the Finance, Audit and Risk Committee. The Cabinet Chairman stated that the National Audit Office (NAO) produced a report on "Conflicts of interest" in the public sector in January 2015. It set out what a conflict was, what risks were attached to conflicts, how and when they occurred in public life. The Cabinet Chairman commented that, as a minimum, the NAO recommendation was that there should be a "system to identify and manage conflicts of interest rather than to eliminate them. Rules should be clear and robust but not overly prescriptive or complex". As there was currently no formal approach as to how the Council managed the issue of organisational conflict, some (hopefully) straightforward Guidance had been provided to address the NAO's recommendations. The Cabinet Chairman explained that the aim of the Guidance appended to the report was therefore to assist in identifying conflicts in the Council's organisational roles and duties, offering tools to manage them when they arose - as well as instigating methods to monitor the issue. It sets out a simple approach to identify, discuss, deal with and document the process. It should be stressed that the "Deal with it" options under Paragraph 4.1 of the Guidance were just that, and it was not advocated that all or any of them were implemented if there was a conflict situation. Managers/Lead officers may choose what was appropriate to the task at hand. In presenting the Guidance in this way, the Cabinet Chairman advised that there was recognition of the changes in local government and how this had/would impact on working practice. The trend had been (and continued to be) on increasing rationalisation of the workforce - with flatter organisational structures, shared services and different models/vehicles for delivering Council services. This could and had led to Officers and Members dealing with multiple, sometimes conflicting, roles where responsibility and accountability were not always clear-cut. The variety of arrangements in local government meant that there was no current "one size fits all" model Guidance or Code to follow for such organisational conflict situations. The Guidance appended was therefore not based on any particular model - but on an amalgamation of good practice approaches in both private and government practice as adapted to NHDC. The Acting Corporate Legal Manager confirmed that the Guidance document was essentially committing to paper what the Council already carried out through custom and practice. RESOLVED: That the Managing Organisational Conflicts in Council Roles and Duties Guidance, as set out at Appendix A to the report and as amended by the document tabled at the meeting, be adopted. REASON FOR DECISION: To promote and ensure good governance within the Council. |
Agreed | ||
| 58 |
CONSULTATION STRATEGY 2016-2020 Report Appendix A - NHDC Consultation Strategy 2016-2020 The Cabinet Chairman presented a report of the Strategic Director of Customer Services in respect of the proposed Consultation Strategy 2016-2020. The following appendix was submitted with the report: Appendix A - NHDC Consultation Strategy 2016-2020. The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 22 September 2015, in respect of the proposed Consultation Strategy 2016-2020 (Minute 52 refers): "RECOMMENDED TO CABINET: (1) That the proposed Consultation Strategy for 2016-2020 be approved; and (2) That the responsibility for deciding whether the Duty to Consult applies to proposed changes of policy/service be delegated to the relevant Head of service in consultation with the Executive Member for that service area." The Cabinet Chairman advised that the Council had last reviewed its Consultation Strategy in 2010, setting out a five year work programme. Since 2010, financial pressures and a huge growth in digital communications, combined with changes to statutory consultations, had significantly altered the consultation landscape. The budget for corporate consultation had also decreased since the last Strategy, primarily due to savings generated by the scrapping of the Place Survey and a change of methodology in conducting the District Wide Survey. Public attitudes to use of digital technology had also moved on, meaning that many people were more open to completing online surveys. The Cabinet Chairman explained that the purpose of the Strategy was not to consider the role of Statutory consultation (where the requirement to consult was specified), but instead to consider the role of service specific consultation and opinion research exercises. The Cabinet Chairman stated that, in March 2015, the Government introduced Best Value Statutory Guidance. Local authorities were under a general ‘Duty of Best Value', and the Guidance referred to the ‘Duty to Consult' representatives of a wide range of local persons when considering how to fulfil the Best Value Duty. Members noted that Authorities must consult representatives of council tax payers, those who use or were likely to use services provided by the authority, and those appearing to have an interest in an area within which the authority carried out its functions. Authorities should include local voluntary and community businesses in such consultation. When consultation was carried out, there needed to be adequate time for responses to be received. In non-statutory consultations, the Cabinet Chairman advised that it was up to the Authority to decide whether or not there was a duty to consult anyone and, if so, what ‘fair consultation' entailed in the circumstances. In some circumstances there would be no requirement to consult and this would depend on the issues, the nature and impact of the decision and whether or not interested groups had already been engaged in the policy-making process. However, if the proposals could have a significant or serious impact on those affected then it was likely that consultation should take place before a decision was taken. Members requested that the wording of Paragraph 5.1 (Elected Councillors) and Paragraph 5.3 (Citizens Panel) of the Strategy be amended. Accordingly, the Cabinet supported a suggestion that any minor revisions to the Strategy should be delegated to the Strategic Director of Customer Services, in consultation with the Leader of the Council. RESOLVED: (1) That the proposed Consultation Strategy for the period 2016-2020, as set out at Appendix A to the report, be approved, and that minor revisions to the Strategy be delegated to the Strategic Director of Customer Services, in consultation with the Leader of the Council; and (2) That the responsibility for deciding whether the Duty to Consult applies to proposed changes of policy/service be delegated to the relevant Head of Service, in consultation with the Executive Member for that service area. REASON FOR DECISION: To ensure that the Council has a clear process to follow when deciding whether a consultation exercise would be necessary, which stakeholders would be invited to participate, and the methods used to consult. |
Agreed | ||
| 59 |
ECONOMIC DEVELOPMENT STRATEGY Report Appendix A - Productive North Herts - Economic Development Strategy Appendix B - North Hertfordshire Economic Development Strategy Action Plan Appendix C - Evidence to support Economic Development Strategy The Executive Member for Planning and Enterprise presented a report of the Strategic Director of Planning, Housing and Enterprise in respect of a proposed Economic Development Strategy. The following appendices were submitted with the report: Appendix A - Productive North Herts Economic Development Strategy; Appendix B - North Hertfordshire Economic Development Strategy Action Plan; and Appendix C - Productive North Herts - Evidence to support Economic Development Strategy. The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 22 September 2015, in respect of the proposed Economic Development Strategy (Minute 49 refers): "RESOLVED: That the Head of Development and Building Control be requested to amend the wording of the Business Activity and Description of Project 12 in the Action Plan regarding the Economic Development Strategy to read: "Project not yet scoped in any detail but North Hertfordshire College are working with local employers to develop an employability standard. The standard will set out the core competencies and attributes employers look for in their employees, regardless of job role or sector. Once developed the standard will be interweaved throughout all North Hertfordshire College's and school's provision, to ensure all learners, regardless of the programme they are on, are ready for the world of work." RECOMMENDED TO CABINET: That, subject to the above amendment, the Economic Development Strategy be supported." The Executive Member for Planning and Enterprise supported the principle behind the recommended change suggested by the Overview and Scrutiny Committee, but considered that the final sentence should be amended to read "Once developed the standard will be interweaved throughout all North Hertfordshire College's provision and any schools who choose to participate, to ensure….". The reason for the amendment was that the Council could not compel schools to participate. The Chairman of the Overview and Scrutiny Committee had no difficulty with the amended wording. The Executive Member for Planning and Enterprise commented that the Strategy had been produced with cross-party input and support. It had been considered that it was important for the Strategy to be in place prior to the appointment of an Economic Officer, to provide them with a clear steer going forward. The Senior Planning Officer stated that consultation on the draft Strategy, entitled "Productive North Herts", took place between 16 February and 30 March 2015. In summary, there was strong support for the Strategy and the priorities within it. From the list of possible priorities identified, the creation of business incubation space, increased business engagement and environmental improvements to existing employment areas scored the highest. The Senior Planning Officer advised that, on 16 July 2015, a workshop was held at North Hertfordshire College to discuss the Strategy and proposed Action Plan in more detail. The intention was to supplement the responses received to the consultation draft, but also start to identify potential priorities and projects that could be taken forward into the Action Plan. A wide range of organisations and interests groups took part, totalling 25 individuals. The group included those who had responded to the draft Strategy, as well as additional key stakeholders. The major outcome of discussions were included in Appendix 3 of the evidence base document attached to the report. The Senior Planning Officer thanked all of the businesses and stakeholders that had taken part in the consultation process. The priorities and projects raised through the Strategy consultation, had enabled the Council to develop the final Strategy and associated Action Plan. RESOLVED: (1) That the proposed Economic Development Strategy, as attached at Appendix A to the report, be adopted; (2) That the proposed Economic Development Action Plan, as attached at Appendix B to the report, and inclusive of amended wording to Project 12 of the document, be agreed; (3) That the Economic Development Strategy Evidence Base document, as attached at Appendix C to the report, be noted; and (4) That authority be delegated to the Head of Development and Building Control, in conjunction with the Executive Member for Planning and Enterprise, to approve minor amendments, format changes and typographical corrections to the documents as may be necessary. REASON FOR DECISION: To provide strategic guidance for economic development activities across North Hertfordshire. |
Agreed | ||
| 60 |
COUNCIL TAX REDUCTION SCHEME 2016/17 Report Addendum Appendix 1 - Council Tax Reduction Scheme Values by Category The Executive Member for Finance and IT presented a report of the Head of Revenues, Benefits and IT in respect of the Council Tax Reduction Scheme 2016/17. The following appendix was submitted with the report: Appendix 1 - Council Tax Reduction Scheme Values by Category. The Executive Member for Finance and IT referred to revisions to Paragraphs 8.25 and 8.26 of the report, which were tabled at the meeting. The Executive Member for Finance and IT advised that the Council Tax Reduction Scheme had operated successfully for the past three years, and it was therefore recommended that the substantive scheme for 2016/17 remained the same as for 2015/16. However, in terms of the proposal of a preferred option reduction from 25% to 15% in the level of across the board reduction to awards for 2016/17, the Executive Member for Finance and IT recommended that the level of reduction should be established at 17.4%, which equated to an average of £2 per week. The primary reason for the 17.4% figure was due to a reduction in the number of claimants over the past year. RESOLVED: (1) That the current position relating to the current and previous financial years on the Council Tax Reduction Scheme be noted; (2) That there be no substantive changes to the Council Tax Reduction Scheme for 2016/17; (3) That it be noted that the level of Scheme funding to be allocated to Parish, Town and Community Councils will be reduced in line with the reduction in Government Support; (4) That a preferred option be recommended of a reduction from 25% to 17.4% (an overage of £2 per week) in the level of across the board reduction to awards for 2016/17 for the purposes of consultation; (5) That the Head of Revenues, Benefits and Information Technology be authorised to consult with the Major Precepting Authorities and the public on the proposed Scheme for 2016/17, including any changes proposed by Cabinet to the across the board reduction to awards; and (6) That the Executive Member of Finance and IT be consulted on the content of the proposed consultation questionnaire. REASON FOR DECISION: To decide on whether or not there will be changes to the Council Tax Reduction Scheme for 2016/17, thereby enabling the required public consultation to be carried out. |
Agreed | ||
| 61 |
INFORMATION TECHNOLOGY STRATEGY 2015-2020 Report Addendum Appendix A - IT Strategy Appendix 1 to Appendix A - IT Structure Appendix 2 to Appendix A - IT Customer Survey July 2015 Appendix 3 to Appendix A - IT Risks The Executive Member for Finance and IT presented a report of the Head of Revenues, Benefits and IT in respect of a proposed Information Technology (IT) Strategy 2015-2020. The following appendices were submitted with the report: Appendix A - IT Strategy; Appendix 1 to Appendix A - IT Structure; Appendix 2 to Appendix A - IT Customer Survey: July 2015; and Appendix 3 to Appendix A - IT Risks. The Executive Member for Finance and IT referred to proposed amendments to Paragraphs 6.3.7 and 6.3.19 of the Strategy document, as set out in the addendum tabled at the meeting The Executive Member for Finance and IT advised that the proposed IT Strategy supported the Council's current Priority of "Living within our Means". It would support the Corporate Objective for 2016 to 2021 "to ensure that the Council delivers cost effective and necessary services to our residents that are responsive to developing need and financial constraints". Additionally, having a clear IT Strategy was included in the continuous improvement plan from the Investors in People (IIP) re-accreditation in 2014. The Executive Member for Finance and IT explained that, as well as dealing with the expected capital spend for the next five years, the Strategy emphasised the commitment to work with colleagues to implement the best solutions that met their continued business needs and changes within their software solutions provided by external software suppliers. This could be either implementing a proprietary solution or one developed in-house by the Council's skilled Application Development Team. There were a number of examples of in-house developments acknowledged in the Strategy and several more were in the process of being developed. It would also involve using in-house skills to integrate various applications, both proprietary and in-house, with each other. The Executive Member for Finance and IT stated that, when considering a solution, the final decision would be that of the User Service and the IT Team would only veto a solution where it was not compatible with the Council's network or did not meet the Government Security standards. The Cabinet noted that there was particular emphasis on developing solutions that sat on smart phones and tablets (both Android and IOS technologies), which would promote self-help for customers and thereby create efficiencies. The integration of GIS mapping into solutions would also make it easier for customers to report matters such as fly-tipping, missed bins etc. and promoted greater use of mobile working. The Executive Member for Finance and IT advised that IT was clearly a quickly developing industry in both hardware and software solutions, and so it was with some difficulty that accurate predictions could be made five years in advance. Almost certainly there would be advances in technology during the life of the Strategy of which the Council would like to take advantage, and consequently it was a document that would need to be updated should this apply. To remove the requirement to keep referring minor changes back to Cabinet, it was proposed that the authority to amend the Strategy be delegated to the Strategic Director of Finance, Policy & Governance, in consultation with the Executive Member for Finance and IT. The Executive Member for Finance and IT went through the Strategy in detail, outlining the current position of the IT Service, the priorities moving forward, and the risks associated with the delivery of the service. RESOLVED: (1) That the proposed Information Technology Strategy, as attached at Appendix A to the report and as amended by the addendum document tabled at the meeting, be adopted; (2) That the authority to make amendments to the Strategy, in light of changing technology or business requirements, be delegated to the Strategic Director of Finance, Policy and Governance, in consultation with the Executive Member for Finance and IT; and (3) That the planned expenditure detailed in Section 6.3.7 of the Strategy, for the period 2016/2017 to 2019/2020, be included in the Capital Programme. REASON FOR DECISION: To enable the Council to move forward with its planning for IT development and expenditure over the next five years; and to ensure that the Service is modern and fit for purpose and able to adapt to the ever changing software and hardware solutions that service departments are required to use. |
Agreed | ||
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COMMUNITY RIGHT TO CHALLENGE PROTOCOL Report Appendix A1 - Community Right to Challenge Protocol Appendix A2 - Expression of Interest Form The Cabinet Chairman presented a report of the Acting Corporate Legal Manager in respect of a proposed Community Right to Challenge Protocol. The following appendix was submitted with the report: Appendix A - draft Community Right to Challenge Protocol, including Expressions of Interest template. The Cabinet Chairman advised that the Localism Act 2011 had introduced requirements regarding the ability of certain "relevant bodies" to express an interest in providing a Council service. This right was part of a suite of Community Rights introduced under the Act). A ‘relevant body' was defined as a voluntary or community body; a body of persons or a Trust which was established for charitable purposes only; a Parish/Town Council; two or more employees of the local authority; or a Business Improvement District Body. The Cabinet Chairman explained that all of the Council's services were (potentially) legally included in this process even if, for example, contractual arrangements were in place. The Council was obliged to follow the statutory process and consider an Expression of Interest (EoI) if it was received. If the Cabinet decided to accept the EoI, then an appropriate procurement exercise must be undertaken. The relevant body that had submitted the EoI was then potentially competing against any other economic operators that had an interest in providing the service, with no guarantee that it would be successful at the end of the procurement. This was likely to be a disincentive to relevant bodies. The Cabinet Chairman stated that, whilst it was a fairly protracted process for any relevant body applying and the Council, it was not something that could (currently) be altered, as it was part of the legislative provision/ Statutory Guidance on the process. This was possibly one of the reasons why the general level of EoI applications had been slow, both nationally and locally. It was noted that, legally the Council could set a "window" for submission of EoIs or a number of "windows" for different services, so long as this was made clear and was published. An annual window has been included in the Protocol from 1 September to the end of October to fit within a possible 10 month consideration process, so that any EoI received would, if approved, fit in with the budget approval process effectively two years later (this would incorporate any procurement time period after the 10 months). The Cabinet Chairman advised that two potential stages had been included in the Protocol. The first would be post EoI validation when an Outline Service Scope would be provided to the relevant body and considered for up to 6 weeks. The relevant body must then confirm in writing that they still wished to proceed with the EoI. There was no requirement to provide an Outline Service Scope; the purpose of providing one would be to promote a realistic appraisal of the service requirements by the relevant body prior to any consultation and further consideration by Cabinet. Following any consultation, the EoI/consultation responses and more detailed Service Specifications would be prepared by the relevant service Lead Officer for a report to the Cabinet. This would then allow Cabinet the opportunity to have full comparative data/information before confirming acceptance of the EoI. Finally, if Cabinet decided to accept an EoI, then a procurement exercise must legally be undertaken. The Cabinet supported the proposed Protocol and EoI template, subject to the removal from the documents of named officers. RESOLVED: That, subject to the removal from the documents of named officers, the Community Right to Challenge Protocol, as set out at Appendix A to the report, and which will be available on the Council's website together with the Expressions of Interest form, be adopted. REASON FOR DECISION: To ensure that the Council has a consistent approach towards any Expression of Interest and meets its legal obligations when dealing with this process. |
Agreed | ||
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LAND AT RADBURN WAY / BALDOCK ROAD, LETCHWORTH GARDEN CITY Report Appendix A - Location Plan [Prior to the consideration of this item, Councillor T.W. Hone stated that he had not been involved with this site either in his role as a Hertfordshire County Councillor or as a Governor of the Letchworth Garden City Heritage Foundation, and that, as he considered there was no prejudice to the public interest, would be remaining in the meeting and participating in the debate and vote upon the matter.] The Executive Member for Finance and IT presented a report of the Head of Finance, Performance and Asset Management in respect of the proposed disposal of NHDC owned land between Radburn Way and Baldock Road, Letchworth Garden City. The following appendix was submitted with the report: Appendix 1 - Location Plan. The Executive Member for Finance and IT advised that, on 18 August 2015, a meeting was held between Officers of Hertfordshire County Council (HCC) and North Hertfordshire District Council (NHDC) to review various options for disposal and land swaps and consider whether Freeman House could be temporarily be used to house homeless people and families. In respect of Option one - a land swap whereby HCC transferred its former school playing field land at Lannock to NHDC in return for NHDC transferring its land between Radburn Way and Baldock Road to HCC, with a balancing payment being made if applicable, HCC advised this could not be recommended as HCC's Cabinet had made a decision to retain the playing field land against potential education requirements, and specific Department for Education consent to dispose would be required; it was urban open land; an allocation in the Local Plan Review would be required for it to have development potential; and neither Council could evidence best value whilst planning uncertainty existed over both sites. In relation to Option two - NHDC acquiring HCC's Freeman House and site, HCC advised this could not be recommended as, without planning permission and open market completion, HCC would not get best consideration; there were two parts to such a sale, the housing development site and the access plot for the benefit of NHDC's land to the rear of HCC's land, and the potential value of the access was only realisable once planning permission for that had been established; so HCC would sell in two parts anyway. With regard to Option three - HCC acquiring NHDC's land between Radburn Way and Baldock Road, HCC advised this could not be recommended as, without planning permission and open market competition, NHDC would not get best consideration; a sale to HCC could be attacked for being at less than best consideration; HCC would not want to buy in uncertain circumstances; and if HCC bought with no planning permission in place, HCC would expect to face a harder planning road than if NHDC were partners in achieving a scheme that accorded with the Local Plan Preferred Option for the site and which would add to local housing supply and NHDC's capital receipts. In relation to Option four - HCC granting a short term lease of Freeman House to NHDC for use as Bed and Breakfast accommodation for homeless people, HCC advised that this could not be recommended as the NHDC Housing Service had advised that prior adaptation works would be required and there was no business case for a short period of use whilst HCC look to obtain planning permission for residential redevelopment. In respect of Option five - HCC and NHDC working together to effect a joint sale of the Freeman House site together with the land between Radburn Way and Baldock Road, this was the option that HCC wished to pursue because they stated that it was the only sensible basis for co-operation to unlock housing supply and capital receipts for both Councils. In the light of the above information, the Executive Member for Finance and IT recommended that, working in partnership with Hertfordshire County Council, the Council proceeded with the disposal of its land at Radburn Way and Baldock Road, Letchworth Garden City. Cabinet supported this recommendation. RESOLVED: (1) That the comments from the consultation with the Letchworth Committee and Hertfordshire County Council be noted, and the Letchworth Committee be advised of the outcome of Cabinet's deliberations on this matter; and (2) That, working in partnership with Hertfordshire County Council, the Council proceeds with the disposal of its land at Radburn Way and Baldock Road, Letchworth Garden City. REASON FOR DECISION: To provide a financial receipt to help fund the 2016-2021 Capital Programme. |
Agreed | ||