Meeting documents

Cabinet
Tuesday, 10th November, 2015 7.30 pm

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, Councillor David Levett and Councillor Bernard Lovewell.
 IN ATTENDANCE: Chief Executive, Strategic Director of Finance, Policy & Governance, Strategic Director of Customer Services, Head of Development & Building Control, Head of Housing & Public Protection, Strategic Planning & Projects Manager, Parks & Countryside Manager, Service Manager - Waste & Recycling, Strategic Housing Manager, Acting Corporate Legal Manager, Property Solicitor, Democratic Services Manager and Committee & Member Services Manager.
 ALSO PRESENT: Councillors S.K. Jarvis (Chairman of the Commercialisation of Council Services Task and Finish Group) and Frank Radcliffe.
4 Members of the Public.
 Meeting attachments Agenda Front Pages
Audio Recording of Meeting
Item Description/Resolution Status Action
PART I
64 APOLOGIES FOR ABSENCE

There were no apologies for absence.
Noted   
65 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of Cabinet held on 29 September 2015 be approved as a true record of the proceedings and signed by the Chairman.
Agreed   
66 NOTIFICATION OF OTHER BUSINESS

There was no notification of other business.
Noted   
67 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   
68 PUBLIC PARTICIPATION

Dr Mike Clarke (Hitchin Forum and Bancroft Users Group) re: Item 11 - Bancroft Recreation Ground, Hitchin - Future Options

Dr Clarke advised that, in general, the proposals contained in the report seemed good and the officers were to be congratulated on producing a clear plan. The plan, derived from the ‘Initial Design Proposal', as BDP, the previous contractors named it, was listed in Appendix B to the report, and was a welcome clarification.

However, Dr Clarke drew Cabinet's attention to one specific issue with the proposed plans. The suggested removal of the four old public tennis courts at this stage seemed premature and a matter of regret. The availability of easy access public courts was something that many have treasured in the Recreation Ground. The actual use of these was never measured - BDP said it was something that they would have taken up had they been successful in the Heritage Lottery bid. Casual observations and personal reports suggested that they had been well used.

Dr Clarke stated that the removal of the courts had seemed to be driven by one of the perceived requirements of that bid as part of the 'Parks for People' programme - to increase the amount of green space in the ‘park', although the Forum or Users Group never saw any evidence of the actual size of the increase of green space that was required. But that was now in the past - the future funding did not, as far as Dr Clarke was aware, require any actual increase in green space in the Recreation Ground.

Dr Clarke commented that, as a replacement for those old courts it was first suggested that the tennis club allowed public access. That had been theoretically possible before now, but made impractical by the problems of controlling access, requiring advanced e-mail booking, and only available when the club did not have match fixtures, which tended to be at the times that non-members were most likely to want access.

Dr Clarke advised that the Forum and Users Group had been told that the Multi-Use Games Area would offer some open access tennis, but the plans for that had not yet been revealed, and if it did offer tennis space it remained uncertain how much that would be, and how much it would meet demand.

Dr Clarke was of the view that, until the MUGA had been established, it did seem premature to remove the old courts. A local tennis coach (not a member of the Bancroft Club) had suggested that the cost of refurbishing two of the old courts would probably be the same as removing them. A compromise would be to remove half of the present courts and leave the remainder as a potential site for a tennis facility in the future. If Cabinet agreed to removal of all the courts now it removed an opportunity for the best use of this valued part of the Recreation Ground. Dr Clarke suggested that part of Recommendation 2.3, ‘the removal and landscaping of disused tennis courts' be omitted or modified to allow possible refurbishment of two courts at a later time.

Dr Clarke trusted that the proposals would now go before Hitchin Committee to enable public discussion.

The Chairman thanked Dr Clarke for his presentation.
Noted   
69 ITEMS REFERRED FROM OTHER COMMITTEES

There were no items referred from other Committees.
Noted   
70 STRATEGIC PLANNING MATTERS
Report
Addendum Report
Appendix A - NHDC Response to Herts Minerals Local Plan: Initial Consultation Document

The Executive Member for Planning and Enterprise presented a report and addendum 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; Uttlesford District Council - Local Plan - Issues and Options; Government Announcements; and North Hertfordshire Local Plan.

The Executive Member for Planning and Enterprise updated Cabinet on the following matters:

- Luton and Central Bedfordshire progress on Local Plans - Central Bedfordshire Council had decided to not proceed with their Judicial review application, but instead would be starting their Local Plan process from scratch; the Luton Borough Council Local Plan Pre-submission draft was currently out for consultation, and NHDC would be responding before the consultation period expired on 7 December 2015; Luton and Central Bedfordshire were about to finalise their Strategic Housing Market Assessment (SHMA); and NHDC was making progress with its partners on a Functional Economic Market assessment (FEMA);
- Stevenage Borough Council - would be considering its Local Plan draft submission document in December 2015;
- Hertfordshire Minerals Local Plan: Initial Consultation Document - a copy of the NHDC response to this consultation was appended to the report;
- Uttlesford District Council Local Plan: Issues and Options - NHDC would be responding to this consultation document by the deadline of 4 December 2015;
- Government Announcements - The Housing and Planning Bill had its first reading in the House of Commons on 13 October 2015. The Bill was intended to support the Government's aims to take forward proposals to build more homes that people could afford, give more people the chance to own their own home and ensure the way housing was managed was improved. The Bill sought to achieve this by implementing reforms to ensure the planning system did not add any unnecessary obstacles to the delivery of new homes; NHDC had just received a letter from the Department of Communities and Local Government, dated 9 November 2015, confirming the Government's commitment to the provision of 275,000 additional affordable homes in the near future and the mechanisms to achieve that target;
- North Hertfordshire Local Plan - the Portfolio Holder referred to the addendum report and proposed the following amended recommendations to the report:

"(1) That the report on Strategic Planning Matters be noted;

(2) That the Objectively Assessed Need for housing for North Hertfordshire District is 14,400 dwellings for the period 2011 to 2031 be acknowledged, and that this excludes the allowance of 2,100 dwellings to meet the unmet housing needs of Luton, as set out in Paragraph 8.10 of the report;

(3) That a proposed submission draft of the Local Plan be presented to Full Council in July 2016; and

(4) That a next steps report, including a revised Local Development Scheme outlining the timetable for producing the Local Plan, be presented to Cabinet at its meeting on 15 December 2015 and to Full Council on 21 January 2016."

The Executive Member for Planning and Enterprise acknowledged that Members of the Cabinet were disappointed that the submission draft of the Local Plan would not be considered until July 2016. He was disappointed himself, but commented that there was still a considerable amount of work to be done in relation to the 8,500 representations that had been received to the Preferred Options consultation document. Cabinet Members gave a clear indication that they would expect no further delays, and therefore that the July 2016 date should be achieved.

RESOLVED:

(1) That the report on Strategic Planning Matters be noted;

(2) That the Objectively Assessed Need for housing for North Hertfordshire District is 14,400 dwellings for the period 2011 to 2031 be acknowledged, and that this excludes the allowance of 2,100 dwellings to meet the unmet housing needs of Luton, as set out in Paragraph 8.10 of the report;

(3) That a proposed submission draft of the Local Plan be presented to Full Council in July 2016; and

(4) That a next steps report, including a revised Local Development Scheme outlining the timetable for producing the Local Plan, be presented to Cabinet at its meeting on 15 December 2015 and to Full Council on 21 January 2016.

REASON FOR DECISION: To ensure that the Cabinet is kept informed of developments on strategic planning matters.
Agreed   
71 UPDATE ON CURRENT POSITION REGARDING THE PROPOSED RESETTLEMENT OF SYRIAN REFUGEES
Report

The Executive Member for Housing and Environmental Health presented a report of the Head of Housing and Public Protection which provided an update on the current position regarding the proposed resettlement of Syrian refugees.

The Executive Member for Housing and Environmental Health reminded Cabinet of the resolutions made at its meeting held on 29 September 2015, as follows:

"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."

In respect of the first of the above bullet points, the Executive Member for Housing and Environmental Health advised that early stage discussions had been held between NHDC officers and North Hertfordshire Homes and the Howard Cottage Society. However, it would perhaps be more realistic to look towards the private rented sector for provision of accommodation for any refugees requiring to be housed in North Hertfordshire, especially as the Council was at present struggling to find suitable accommodation for existing homeless families. In any event, the process was likely to prove to be very challenging.

In relation to the second of the above bullet points, the Executive Member for Housing and Environmental Health stated that further clarification on Government funding was awaited. The Government had announced that the costs of housing refugees would be funded from the Overseas Aid Budget for the first year, and that the Home Office would provide additional funding to assist the costs of accommodation in Years 2 to 5. Further information was expected as part of the Chancellor of the Exchequer's Autumn Statement.

In respect of the third of the above bullet points, the Executive Member for Housing and Environmental Health commented that, until the further information was forthcoming from the Government, the Council would be unable to even estimate the potential costs over and above that that may be expected from Government sources.

With regard to the fourth of the above bullet points, the Executive Member for Housing and Environmental Health advised that NHDC had been in regular touch with Hertfordshire County Council, as lead authority, and the other Hertfordshire District/Borough Councils. It was noted that the matter was to be discussed at the Hertfordshire Leaders' Meeting, originally scheduled for 19 November 2015, but which would now take place on 10 December 2015.

In relation to the fifth of the above bullet points, the Executive Member for Housing and Environmental Health explained that guidance from the Local Government Association had indicated that it was not good practice for individuals to host refugees in their own properties.

Cabinet noted that further information and clarification was expected as part of the Chancellor of the Exchequer's Autumn Statement, and therefore agreed that a further update report be submitted to the next Cabinet meeting on 15 December 2015.

RESOLVED:

(1) That the current situation regarding the proposed resettlement of Syrian refugees be noted; and

(2) That a further update report be submitted to the next Cabinet meeting on 15 December 2015.

REASON FOR DECISION: To enable the consideration of matters relating to the proposed resettlement of Syrian refugees.
Noted   
72 REVIEW OF WASTE COLLECTION ARRANGEMENTS AS A RESULT OF THE WASTE (ENGLAND AND WALES) (AMENDMENT) REGULATIONS 2012
Report
Appendix 1 - TEEP assessment undertaken by WYG on behalf of NHDC
Appendix 2.1 - Waste and Resources Action Plan (WRAP) Route Map
Appendix 2.2 - Waste and Resources Action Plan Appendices

The Executive Member for Waste Management, Recycling and Environment presented a report of the Head of Leisure and Environmental Services in respect of a review of the Council's Waste Collection Arrangements, as required by the Waste (England and Wales) (Amendment) Regulations 2012. The following appendices were submitted with the report:

Appendix 1 - TEEP assessment undertaken by WYG on behalf of NHDC; and
Appendix 2 - Waste and Resources Action Programme (WRAP) Route Map.

The Executive Member for Waste Management, Recycling and Environment advised that the Waste (England and Wales) (Amendment) Regulations 2012 were designed to implement the requirements of the European Union's Waste Framework Directive with regard to the handling and processing of certain recyclable materials. The aim was to ensure that wherever possible, materials collected as recyclables were in fact recycled and not disposed of in another way. The Directive was therefore concerned with the quality of materials collected and the ability of materials processors to sort materials and provide high quality materials for subsequent reprocessing and use.

The Executive Member for Waste Management, Recycling and Environment stated that the Directive considered this requirement as the starting point and required all waste collectors including local authorities to apply the waste hierarchy (Regulation 12). Waste collectors should collect recyclable materials, and in particular paper, glass, plastic and metals, as separate waste streams from the 1st January 2015 where it was technically, environmentally and economically practicable (TEEP).

The Executive Member for Waste Management, Recycling and Environment explained that the Directive and the Regulations which translated that into law had therefore introduced what was known as TEEP ("Technically, Environmentally and Economically Practicable") and, in forming a judgement about the type of collection methodology that should be used, a TEEP analysis had been undertaken by consultants WYG to identify whether it was technically, environmentally and economically practicable to collect the four described waste streams separately.

The Executive Member for Waste Management, Recycling and Environment reminded Members that NHDC currently operated a co-mingled waste collection in respect of three of the four waste streams identified, namely metal, plastic and glass. Paper was collected separately from the other three waste streams. As could be seen from the detailed report, the TEEP assessment concluded that the current co-mingled system of collection was both environmentally and economically advantageous. The modelling undertaken demonstrated that the cost of collecting separately would be higher than the Council's current system of co-mingled dry recycling and separate paper.

Cabinet was informed that, in order for any TEEP assessment to be up to date and relevant it should be updated periodically, in particular at any point of major change for services, including procurement of new contracts. This would therefore require another assessment to be undertaken as part of the procurement exercise for the Waste and Street Cleansing Contract renewal due in 2018.

RESOLVED:

(1) That it is not technically, environmentally and economically practicable to undertake separate collection of plastics, metal and glass from households in North Hertfordshire, and therefore that the current co-mingled service for these materials should continue to operate;

(2) That the assessment findings for kerbside household recycling collections be reviewed when undertaking the procurement of the new waste and street cleansing contract; and

(3) That the economic assessment for kerbside household recycling collections be reviewed when the new Materials Recovery Facility (MRF) contract is procured.

REASON FOR DECISION: To conform to the requirements of the revised Waste Framework Directive (2008/98/EC) (rWFD) transposed through the Waste (England and Wales) (Amendment) Regulations 2012.
Agreed   
73 TASK AND FINISH GROUP REPORT ON THE COMMERCIALISATION OF COUNCIL SERVICES
Report
Appendix A - Task & Finish Group Report on Commercialisation of Council Services
Appendix B - SMT Comments

The Chairman of the Task and Finish Group on Commercialisation of Council Services (Councillor S.K. Jarvis) presented the final report of that Group. The following appendices were submitted with the report:

Appendix A - Task and Finish Group Report on Commercialisation of Council Services; and
Appendix B - SMT Comments.

The Chairman of the Task and Finish Group presented the recommendations of the Group, which were:

Recommendation 1: The Council should appoint a senior commercial manager to lead and coordinate its commercial activities; and to identify and develop new commercial opportunities.

Recommendation 2: The Council should appoint a high level commercial board comprised of councillors, officers and others with commercial experience. The board can advise the Cabinet about the feasibility of commercial opportunities and review the performance of existing ones.

Recommendation 3: The Council should pursue income generation opportunities where it has the skills, experience and resources to do so. These should be compatible with the Council's strategic objectives, and at a level of risk which would not threaten the Council's core services in the event of an enterprise's failure.

Recommendation 4: The Council should explore the possibilities of property investment as a means of generating revenue.

Recommendation 5: The Council should use the expertise of its strategic partners to help manage its property portfolio.

Recommendation 6: The Council should review its assets register to understand whether any of them could be used for property development or other commercial purposes.

Recommendation 7: Commercial activities should bear the true cost - but no more than that - of any support they receive from the Council.

Recommendation 8: The Council should review its training programmes for senior and other key staff to include more commercial training, networking and mentoring activities.

Recommendation 9: The Council should have a scheme that recognises officers who make useful commercialisation proposals or make significant contributions to their success.

The Executive Members for Finance and IT, Policy and Green Issues, and Planning and Enterprise all thanked the Task and Finish Group for a thorough and interesting report, but expressed their reservations about certain elements of the report and its recommendations. The general feeling was that, whilst the recommendations may well be pertinent, many of them were not sufficiently evidenced to enable the Cabinet to come to a balanced decision on the commercialisation issues raised. Accordingly, the Executive Member for Planning and Enterprise proposed the following suggested resolutions to take the matter forward, which was supported by all Cabinet Members:

"(1) That the report on Commercialisation of Council Services be noted, and the Task and Finish Group be thanked for their work;

(2) That the Council should continue to pursue income generation opportunities where it has the skills, experience and resources to do so. These should be compatible with the Council's Strategic Objectives and at a level of risk which would not threaten the Council's core services in the event of an enterprise's failure;

(3) That the Council should review its assets to understand whether any of them could be used for commercial purposes, including property development;

(4) That a Project Board be established, to advise the Cabinet on the best method for this Council to deliver the opportunities identified in Resolutions (2) and (3) above and further consider the recommendations identified in the Task and Finish Group report on Commercialisation of Council Services; and

(5) That the Project Board will present its recommendations to Cabinet at its regular meeting in June 2016."

RESOLVED:

(1) That the report on Commercialisation of Council Services be noted, and the Task and Finish Group be thanked for their work;

(2) That the Council should continue to pursue income generation opportunities where it has the skills, experience and resources to do so. These should be compatible with the Council's Strategic Objectives and at a level of risk which would not threaten the Council's core services in the event of an enterprise's failure;

(3) That the Council should review its assets to understand whether any of them could be used for commercial purposes, including property development;

(4) That a Project Board be established, to advise the Cabinet on the best method for this Council to deliver the opportunities identified in Resolutions (2) and (3) above and further consider the recommendations identified in the Task and Finish Group report on Commercialisation of Council Services; and

(5) That the Project Board will present its recommendations to Cabinet at its regular meeting in June 2016.

REASON FOR DECISION: To enable the Cabinet to consider the report of the Task and Finish Group and consider implementing its recommendations.
Noted   
74 BANCROFT RECREATION GROUND, HITCHIN - FUTURE OPTIONS
Report
Appendix A - Adopted Master Plan
Appendix B - proposed work programme for delivery of Master Plan
Appendix C - Options for Car Parking

The Executive Member for Leisure presented a report of the Strategic Director of Customer Services in respect of future options for the Bancroft Recreation Ground, Hitchin. The following appendices were submitted with the report:

Appendix A - Adopted Master Plan;
Appendix B - Proposed work programme for delivery of Master Plan; and
Appendix C - Options for Car Parking.

The Executive Member for Leisure advised that, following the Heritage Lottery Fund's (HLF) decision not to award a lottery grant for the refurbishment of Bancroft Recreation Ground, Hitchin, the Cabinet had resolved (at its meeting held on 16 December 2014) that a phased approach to deliver incremental affordable improvements to Bancroft Recreation Ground, based on the principles outlined in the most recent version of the master plan set out in the report to Cabinet on 28 January 2014 be agreed, using Section 106 and other limited internal and external financial resources.

The Executive Member for Leisure stated that, in pursuance of the above decision, it was therefore proposed to include the following projects in the 2016/17 Capital Programme, as set out in Appendix B to the report:

- Resurfacing and rationalising pathways - £50,000;
- Removal and landscaping of disused public tennis courts - £35,000; and
- Provision of multi use informal games area, subject to receipt of Sport England grant of £80,000, and including the use of Section 106 monies - £170,000.

The Executive Member for Leisure thanked Dr Clarke for his presentation earlier in the meeting. In response to the issues he had raised, she commented that the tennis courts were closed for safety reasons, due to their level of disrepair. The proposal was to remove these courts and turn the area over to green space. She added that the Multi Use Games Area (MUGA), when completed in 2017, would have the facility to provide two tennis courts. She did not discount the future possibility that if the MUGA was oversubscribed for tennis use, then a further court could perhaps be provided. In addition, the Council would be exerting pressure on the Hitchin Tennis Club to put in place a more robust booking system for casual players/non-members to use their courts.

The Executive Member for Leisure referred to a submission from the Hitchin Town Bowls Club, which had been tabled at the meeting, in respect of the parking situation in the vicinity of the Club's pavilion.

The Executive Member for Leisure commented that solutions relating to car parking were to be developed as part of the redevelopment proposals as, despite attempts to restrict vehicle movements, vehicles still drove into and parked in the Recreation Ground. With the exception of maintenance vehicles, the proposed redevelopment aimed to restrict all vehicles from the site.

The Executive Member for Leisure explained that the site had been conveyed to the Council on 25 November 1924, with a restrictive covenant confining use to a public Recreation Ground or for purposes incidental thereto. The conveyance included the adjoining public car park. Legal advice had been sought relating to the impact of the covenant. It was the Council's view that the current use as a car park was not in breach of the covenant. The car park was incidental to/associated with the public use of Bancroft Recreation Ground. Accessible parking encouraged the public to visit. If a portion of the car park was reserved exclusively for use by a private club, such as the Bowls Club, this could constitute a breach of the covenant as it would not be equitable for all users.

The Executive Member for Leisure stated that Appendix C to the report considered options for car parking. It was the officers' view that the most equitable solution would be to investigate amendments to the existing Traffic Regulation Order (TRO) making available for purchase parking passes for limited periods of use which would be stated on the permit and charged accordingly. These would be available for all users of the car park, including the Bowls Club. If this approach was adopted officers would approach the clubs to determine their requirements and set a charge according to the anticipated level of use.

The Executive Member for Leisure advised that she would be investigating the possibility of the installation of a more direct pathway between the car park and the Bowls Club.

RESOLVED:

(1) That the programme of works proposed in the table shown at Appendix B to the report, to deliver improvements over a number of years broadly in accordance with an agreed Master Plan, be approved;

(2) That the Council's urban landscape provider (currently Groundwork Hertfordshire) and the Countryside Management Service be engaged to project manage the capital programme;

(3) That the following projects, as listed in Appendix B to the report, be included in the 2016/17 capital programme:

- Resurfacing and rationalising pathways - £50,000
- Removal and landscaping of disused public tennis courts - £35,000
- Provision of multi use informal games area, subject to receipt of Sport England grant of £80,000 - £170,000;

(4) That it be noted that £75,000 is already included in the capital programme for enhancements to the play area; and

(5) That the option for car parking, as detailed at section 8.7.3 of the report, to investigate amendments to the existing Traffic Regulation Order (TRO) making available for purchase parking passes for limited periods of use, be approved.

REASON FOR DECISION: To provide a sustainable solution to deliver improvements to Bancroft Recreation Ground that will meet users' current and future needs.
Agreed