| 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: | Strategic Director of Finance, Policy & Governance, Strategic Director of Customer Services, Head of Leisure and Environmental Services, Head of Policy & Community Services, Accountancy Manager, Communications Manager, Strategic Planning & Projects Manager, Service Manager - Waste & Recycling, Principal Strategic Planning Officer, Estates Surveyor, Acting Senior Lawyer and Committee & Member Services Manager. |
| ALSO PRESENT: | Councillor Cathryn Henry (Chairman of the Overview & Scrutiny Committee), Councillor Michael Weeks (Chairman of the Finance, Audit & Risk Committee) and Councillors Steve Jarvis and Ray Shakespeare-Smith. 3 Members of the Public. |
| Meeting attachments |
Agenda Front Sheets Audio Recording of Meeting |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 106 |
APOLOGIES FOR ABSENCE There were no apologies for absence. |
Noted | ||
| 107 |
MINUTES Minutes RESOLVED: That the Minutes of the meeting of Cabinet held on 26 January 2016 be approved as a true record of the proceedings and signed by the Chairman. |
Agreed | ||
| 108 |
NOTIFICATION OF OTHER BUSINESS There was no notification of other business. |
Noted | ||
| 109 |
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 | ||
| 110 |
PUBLIC PARTICIPATION The Chairman advised that three speakers had registered for this evening's meeting. Weston Parish Councillor Alistair Schofield and District Councillor Steve Jarvis would be speaking regarding Land at The Snipe and Hitchin Road, Weston. Councillor Ray Shakespeare-Smith had registered to speak in respect of Community Centre Leases (Item 18), but as he had a prior engagement during the early part of the evening, the Chairman would be inviting him to speak immediately prior to the consideration of Item 18 (see Minute 126 below). (i) Parish Councillor Alistair Schofield (Weston Parish Council) re: Land at The Snipe and Hitchin Road, Weston Parish Councillor Schofield advised that the requirement for affordable housing in Weston was identified in a housing needs survey involving all residents of the Parish around 3 years ago. Weston Parish Council was therefore supportive of the proposal to build 14 affordable and 11 market houses on the above site, subject to the following conditions: - Vehicular access to the new development should be exclusively from a newly formed roundabout junction on Hitchin Road. The reason for this was to avoid adding to the extensive congestion in Friars Road and The Snipe. The new roundabout would also act as a traffic calming measure for vehicles entering the village ahead of a notoriously dangerous bend, the site of a fatality in 2015; - Construction, delivery and other site vehicles should use the Hitchin Road access point throughout the development phase; - A "ransom strip" surrounding the site had previously been recognised as a deterrent to further expansion of the site. Weston Parish Council recognised that this could not act as a guarantee against further development, but would like it to be incorporated as a significant deterrent to extension of the site in the future; and - Speed of development - the need for additional "affordable housing" had been established and accepted within the community. The Parish Council was therefore keen for this development to proceed as quickly as possible. The Parish Council would therefore ask NHDC to ensure that this development (a) was dealt with independently of the Local Plan, and (b) that the land, once ownership had been transferred, was developed and did not get held as a land-bank. The Chairman thanked Parish Councillor Schofield for his presentation. (ii) District Councillor Steve Jarvis (Local Ward Member) re: Land at The Snipe and Hitchin Road, Weston Councillor Jarvis advised that he was supportive of the principle of development of the site. Like the Parish Council, he considered that the site access arrangements should be correctly configured. He welcomed the significant amount of affordable housing proposed and hoped that this would include some rented units. He also agreed with the Parish Council in their request that the site should be developed as speedily as possible. The Chairman thanked Councillor Jarvis for his presentation. |
Noted | ||
| 111 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 MARCH 2016 - PERFORMANCE MANAGEMENT MEASURES FOR 2016/17 Referral The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 22 March 2016, in respect of Performance Management Measures for 2016/17 (Minute 99 refers): "(1) That the Performance Indicators and associated targets to be monitored throughout 2016/17 be approved; and (2) That the current system of monitoring performance management measures continue until the recommendations of the proposed Task and Finish Group on Performance Indicators could be evaluated." RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 12 (see Minute 120 below). |
Noted | ||
| 112 |
ITEM REFERRED FROM OVERVIEW AND SCRUTINY COMMITTEE: 22 MARCH 2016 - COMMUNITY CENTRE LEASES AND AUDIT OUTCOMES Referral The Chairman of the Overview and Scrutiny Committee presented the following referral from that Committee, made at its meeting held on 22 March 2016, in respect of Community Centre Leases and Audit Outcomes (Minute 108 refers): "(1) That Cabinet agree a resolution which enables investment in necessary works to Community Centres to take place to ensure facilities are in a reasonable standard of repair for lease negotiations to progress; (2) That officers be requested to progress lease negotiations in accordance with the agreed policy where possible, but that in the event of failure to do so, Cabinet consider changing the agreed policy; (3) That, throughout lease discussions, Cabinet should advise officers to pay due consideration to the guiding principles suggested by the Overview and Scrutiny Committee to ensure that the social and community benefits afforded by community centres are evaluated alongside any benefit derived from securing a full repairing or alternative lease arrangement; and (4) That subject to Cabinet agreement of recommendations (1) to (3) above, implementation should not be to the detriment of achieving the deadline of September 2016." RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 18 (see Minute 126 below). |
Noted | ||
| 113 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 23 MARCH 2016 - ANTI-BRIBERY POLICY REVIEW 2015/16 Referral The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 23 March 2016, in respect of the Anti-Bribery Policy Review 2015/16 (Minute 71 refers): "That, subject to the re-insertion in the Policy of the following definition of bribery in Section 1 of the document, the amendments to the Anti-Bribery Policy, as set out in Appendix B to the report, be approved: "Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage. Bribery is a criminal offence. North Hertfordshire District Council does not, and will not, pay bribes or offer improper inducements to anyone for any purpose, nor does the Council or will the Council, accept bribes or improper inducements." RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 15 (see Minute 123 below). |
Noted | ||
| 114 |
ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 23 MARCH 2016 - RISK MANAGEMENT UPDATE Referral The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 23 March 2016, in respect of a Risk Management Update (Minute 76 refers): "RECOMMENDED TO CABINET: That "Churchgate and the surrounding area" be removed as a Top Risk." The Executive Member for Finance and IT stated that he had no objection to the above recommendation. RESOLVED: That "Churchgate and the surrounding area" be removed as a Top Risk. REASON FOR DECISION: To comply with the requirements of the Risk and Opportunities Management Strategy. |
Agreed | ||
| 115 |
STRATEGIC PLANNING MATTERS Report Appendix A - NHDC response to Stevenage BC Local Plan Pre-submission draft Appendix B - NHDC response to St Albans Council Local Plan Pre-submission draft Appendix C - HIPP response to consultation on Proposed Changes to National Planning Policy Appendix D - NHDC response to consultation on Options for Changes to the New Homes Bonus 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 Housing Market Area Growth Study; Responses to neighbouring authorities local plans; Government announcements and consultation responses; North Hertfordshire Local Plan; and Duty to Co-operate. The following appendices were submitted with the report: Appendix A - NHDC Response to Stevenage Borough Council Local Plan Pre-submission draft; Appendix B - NHDC Response to St. Albans Local Plan Pre-submission draft; Appendix C - HIPP response to Consultation on proposed Changes to National Planning Policy; and Appendix D - NHDC response to Consultation on Options for Changes to the New Homes Bonus. The Executive Member for Planning and Enterprise updated Cabinet on the following matters: - Financial Support for Neighbourhood Planning - the Department of Communities and Local Government (DCLG) had written to local authorities on 9 March 2016, stating a continuation of support for communities who chose to prepare Neighbourhood Plans, in the form of grants up to £9,000. More importance was being placed on having up-to-date evidence on housing needs. Current arrangements allowed the Council to claim £5,000 in financial aid to assist in taking each Neighbourhood Plan forward for examination. From 1 April 2016, the Council would only be permitted to claim for the first five of the Neighbourhood Plans. The Council had already commenced work on nine Plans, with another two in progress, and so the new regime was likely to have a significant financial effect on NHDC. It appeared that the financial assistance of £20,000 for any referendum required following the examination was unaffected by the changes; - Luton Housing Market Growth Area Study - Following the completion of the work in defining the Luton and Central Bedfordshire Housing Market Area (HMA), NHDC together with Aylesbury Vale District Council had agreed to sign up as commissioning bodies alongside Luton and Central Bedfordshire in undertaking a growth area study of the Luton HMA. The outcome of this study would help frame discussions under the duty to co-operate with Luton and Central Bedfordshire as to how the needs of Luton may be best addressed; - Response to other neighbouring authorities' local plans - Both Stevenage Borough and St. Albans District Councils had recently consulted on the pre-submission versions of their local plans. Responses had been prepared to both these plans, in consultation with the Executive Member for Planning and Enterprise. NHDC had not raised significant objections to either plan, but had raised concerns regarding specific issues, as set out in Paragraphs 8.6 to 8.8 of the report; - Government Announcements and Response to Consultation - The Housing and Planning Bill was still passing through the House of Lords. The Government had recently released a Technical Consultation Document on the Housing and Planning Bill. There was a suggestion that Government intervention in local plan preparation could extend further than previously outlined. It was proposing that authorities ‘which have not kept the policies in their local plans up-to-date will be high priority for intervention'. The DCLG had recently issued draft Planning Guidance on how councils should meet their responsibilities under The Self-Build and Custom Housing Act 2015. The Act required relevant authorities in England to keep a register of individuals and associations seeking to acquire serviced plots of land for self-build homes. The Planning Department was working together with Legal and Property Services in preparing such a register, which was required to come into effect from 1 April 2016; - North Hertfordshire Local Plan - Officers were continuing with progressing work on the Local Plan. The Local Plan Project Board had been set up and would meet monthly to provide the necessary strategic guidance and direction for the production of the Local Plan within this plan period and the next Local Plan period. The Board would oversee and monitor the delivery of the Local Plan in accordance with the agreed Local Development Scheme and ensure that the Plan was prepared in accordance with the NPPF, legal and procedural requirements as set out in the Town and Country Planning (Local Planning) (England) Regulations 2012. The Board would also advise on Member engagement as appropriate; and - Duty to Co-operate - The 2011 Localism Act established a statutory Duty to Co-operate. This required authorities and prescribed bodies to engage constructively, actively and on an ongoing basis to maximise the effectiveness of plan-making activities in relation to strategic matters, namely the development or use of land that would have a significant impact on at least two planning areas. It was considered that the most effective mechanism would be to delegate responsibility for entering into any Memoranda of Understanding. RESOLVED: (1) That the report on Strategic Planning Matters be noted; and (2) That the Head of Planning and Building Control, in consultation with the Executive Member for Planning and Enterprise, be authorised to enter into formal Memoranda of Understanding (or equivalent) between North Hertfordshire District Council and other prescribed bodies under the Duty to Co-operate. REASON FOR DECISION: To ensure that the Cabinet is kept informed of developments on strategic planning matters. |
Agreed | ||
| 116 |
THIRD 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 Third 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 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 third quarter in 2015/16 was £16.258million. This was £179,000 (1.09%) lower than the working budget, and £197,000 (1.22%) higher than the original budget. The decrease in the working budget included £129,000 of budgets requested to be carried forward into 2016/17; - Budgets Carried Forward from 2014/15 (Table 2) - Of the £464,000 of carry forward budgets into 2015/16, £225,000 (48%) had been spent by the end of the third quarter. There was one carry forward at amber status that may not be spent by the end of the year and six carry forwards at red status that would not be spent before the end of this financial year; - Achievement of Efficiencies (Table 3) - It was expected that the £185,000 of agreed efficiency proposals would be overachieved by £75,000; - 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 £6.152million at 31 March 2016. This was £4.479million higher than the originally approved minimum balance of £1.673million, although it remained within the limits set in the Medium Term Financial Strategy; - 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 third quarter, £451,000 of these risks had been realised; and - Earmarked Reserves (Table 7) - As at 1 April 2015 there was a balance of £4.937million in other useable earmarked reserves. The balance was forecast to be £4.649million 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 a decrease in net expenditure of £179,000, 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 £295,000, be approved. 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 | ||
| 117 |
TREASURY MANAGEMENT THIRD QUARTER 2015/16 Report Appendix A - Treasury Management Update - December 2015 The Executive Member for Finance and IT presented a report of the Strategic Director of Finance, Policy and Governance in respect of the Third Quarter Treasury Management Monitoring 2015/16. The following appendix was submitted with the report: Appendix A - Annual Treasury Management Update - December 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 £0.339M of interest during the first nine months of 2015/16. The average interest rate agreed on new in-house deals during the third quarter was 0.51%. There were no new deals placed by Tradition. The average interest rate on all outstanding investments at 31 December 2015 was 1.26%. The Executive Member for Finance and IT explained that the Council's counterparty list comprised mostly UK building societies and UK banks with a Fitch (a credit rating agency) credit rating greater than BBB, but also included other Local Authorities and Public Corporations. At 31 December 2015, the Council had 42% of its investments with banks and 58% with building societies. RESOLVED: That the position of Treasury Management activity as at the end of December 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. |
Noted | ||
| 118 |
THIRD 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 Third 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 referred to the tables in the report with regard to the Scheme Timetable Revision for schemes now projected to start in 2016/17 (totalling £5.895million) and Changes to Capital Schemes commencing in 2015/16 (a reduction of £293,000). The Executive Member for Finance and IT drew attention to the table in Paragraph 8.5 of the report, which detailed £1.103million worth of schemes approved by Cabinet in September 2015 as part of the IT Strategy, but which were required to be approved by Council for inclusion in the Capital Programme 2016/17 onwards. 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. In June 2015, the Council had received £4.823million from the disposal of land, which increased the useable capital receipts total to £5.7million. Work was underway to identify further sites for disposal that would contribute towards funding the future capital programme. The balance of "set aside receipts" available before external borrowing would be required was £20.2million. The Executive Member for Finance and IT commented that the Council would be investing Capital expenditure of £31.5million for projects throughout the District for the next five years. 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 £5.895million, be approved; and (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 £293,000, be approved. RECOMMENDED TO COUNCIL: That the IT schemes detailed in Paragraph 8.5 of the report, totalling £1.103million for the four year period, be included in the Capital Programme for 2016/17 onwards. REASON FOR DECISION: To approve revisions to the Capital Programme; to ensure that the Capital Programme is fully funded; and to request Council to approve additions to the Capital Programme. |
Agreed | ||
| 119 |
LAND AT THE SNIPE AND HITCHIN ROAD, WESTON Report Appendix A - Location Plan [Prior to the consideration of this item, Councillor Jane Gray stated she had a Declarable Interest, due to her role as a Board Member of North Hertfordshire Homes. Accordingly, she withdrew from the Chamber for the entirety of the debate and vote upon this item.] The Executive Member for Finance and IT presented the report of the Senior Estates Surveyor in respect of the proposed disposal of land at The Snipe and Hitchin Road, Weston. The following appendix was submitted with the report: Appendix A - Location Plan. The Executive Member for Finance and IT advised that he would be proposing a slight amendment to the recommendation contained in the report, namely the replacement of the word "sale" with "disposal" in the first line. The Executive Member for Finance and IT stressed that the disposal of the land for development would be an "in principle" decision, subject to a further report on the outcome of consultation with the Baldock and District Committee; the details of the terms agreed, including the land value; and any responses to the Section 123 public notices. The Executive Member for Finance and IT thanked Weston Parish Council and the Local Ward Councillor for their support to the principle of developing the site. He commented that many of the issues raised by the Parish Council would be dealt with as part of any future planning application, and he urged Councillor Schofield and his colleagues to supply their comments as part of the planning process when any application came forward. The Executive Member for Finance and IT noted the Parish Council's comments with regard to the Local Plan and safeguarding the site from additional development. However, he was unable to provide any form of guarantee that this would come to pass, as further development may be proposed through the Local Plan process. RESOLVED: That the disposal of approximately 1.3 hectares of land at The Snipe and Hitchin Road, Weston for the provision of affordable and market houses be agreed in principle, subject to a further report on: the outcome of consultation with the Baldock and District Committee; the details of the terms agreed, including the land value; and any responses to the Section 123 public notices. REASON FOR DECISION: To facilitate the provision of new affordable housing through the use of Council owned land that might otherwise remain of limited benefit to the community. |
Agreed | ||
| 120 |
PERFORMANCE MANAGEMENT MEASURES FOR 2016/17 Report The Executive Member for Policy, Transport and Green Issues presented a report of the Strategic Director of Finance, Policy and Governance in respect of Performance Management Measures for 2016/17. The Executive Member for Policy, Transport and Green Issues advised that Table 1 in the report showed Performance Indicators with proposed changes for 2016/17, and that Table 2 showed the unaltered performance measures for 2016/17. The Cabinet debated the referral from the Overview and Scrutiny Committee in respect of this item (see Minute 111 above). Members agreed that, for the time being, the Performance Indicators and associated targets be monitored by Executive Members and Overview and Scrutiny throughout 2016/17, and that the current system of monitoring performance management measures should continue until the recommendations of the proposed Task and Finish Group on Performance Indicators could be evaluated. The Executive Member for Policy, Transport and Green Issues undertook to liaise with the Chairman of the Overview and Scrutiny Committee to ensure that the Task and Finish Group was appointed and carried out its work as soon as possible. RESOLVED: (1) That the Performance Indicators and associated targets be monitored by Executive Members and Overview and Scrutiny throughout 2016/17; and (2) That the current system of monitoring performance management measures continues until the recommendations of the proposed Task and Finish Group on Performance Indicators could be evaluated. REASON FOR DECISION: To provide an assurance that service delivery in a number of key services will be monitored throughout 2016/17. |
Agreed | ||
| 121 |
DISTRICT WIDE SURVEY 2015 - KEY FINDINGS AND ACTIONS Report The Cabinet Chairman presented a report of the Strategic Director of Customer Services in respect of the key findings and action points arising from the 2015 District Wide Survey. The Cabinet Chairman advised that the 2015 District Wide Survey had been carried out in line with the Council's agreed Consultation Strategy. The survey was carried out every two years, in order to capture residents' views and perceptions of services and facilities provided by the Council. The Cabinet Chairman explained that BMG Research, an independent research agency, was commissioned by the Council to carry out the research on its behalf. They conducted 1,002 telephone interviews of North Hertfordshire residents between September and November 2015. The figures and tables detailed in the report were extracted directly from the full research report prepared by BMG Research. The Cabinet Chairman reported that the vast majority of residents (96%) were satisfied with their area as a place to live and 67% were very satisfied. This compared favourably to a national survey by the Local Government Association (LGA) where the proportion expressing satisfaction with their local area was 82%, 14 percentage points lower than North Hertfordshire residents. The Cabinet Chairman drew attention to observations on perceptions of the Council. With 30% of people disagreeing that the Council made an effort to find out what local people wanted and 24% disagreeing that NHDC fully involved or consulted residents on important issues, this had the potential to have a serious impact on the Council's reputation and on resident satisfaction with services. These issues were considered as part of the Council's Consultation Strategy 2016-2020, reported to Cabinet on 29 September 2015. The results did not necessarily mean that the Council needed to increase the volume of consultation undertaken, but could mean that existing opportunities needed to be publicised more widely or made more accessible using a range of methodologies. It could also mean that the Council needed to publicise how it had utilised the feedback from consultations, including any suggestions or comments which were not adopted in the final policy or service change, so that residents understood how they had played a role in the process. It was noted that the Overview and Scrutiny Committee had considered the District Wide Survey 2015 at its meeting held on 22 March 2015, and had noted the key findings from the Survey. RESOLVED: (1) That the key findings and observations from the District Wide Survey 2015 be noted; and (2) That it be noted how the results will be used by Heads of Service and Corporate Managers, in conjunction with Executive Members, to inform the service planning process and to update relevant performance measures. REASON FOR DECISION: To ensure that Cabinet is aware of the results and any trends from previous surveys and how the results will be used to inform future service delivery. |
Noted | ||
| 122 |
REVIEW AND REVISION OF GRAFFITI MANAGEMENT POLICY Report Appendix A - Existing Graffiti Policy Appendix B - Proposed new Graffiti Removal and Management Policy The Executive Member for Waste Management, Recycling and Environment presented a report of the Head of Leisure and Environmental Services in respect of the Review and Revision of Graffiti Management Policy. The following appendices were submitted with the report: Appendix A - Existing Graffiti Policy; and Appendix B - Proposed new Graffiti Removal and Management Policy. The Executive Member for Waste Management, Recycling and Environment advised that the Graffiti Policy was last reviewed in 2003. The format and content of Council policies had changed significantly since 2003, and the recent change in legislation surrounding the removal of graffiti on private property had prompted the drafting of a new policy. The Executive Member for Waste Management, Recycling and Environment commented that graffiti was a relatively minor problem in North Hertfordshire, with the number of reports significantly lower now than in 2003. In 2015, reports of graffiti increased predominantly due to the offences committed by one tagger. The Cabinet noted that the timescales for graffiti removal had been adjusted from the 2003 policy to reflect what was operationally practicable. The Council's contractor no longer had the ability to respond to graffiti within 1 hour in all instances as equipment was now shared with East Hertfordshire District Council as part of a cost saving agreement. However, in all instances of Priority 1 or Priority 2 graffiti, the Council's contractor would endeavour to remove graffiti as swiftly as possible once indemnity forms had been received. RESOLVED: That the new Graffiti Management Policy for North Hertfordshire, as set out at Appendix B to the report, be agreed. REASON FOR DECISION: To reflect the current legislation and provide clarity on the removal responsibilities for North Hertfordshire. |
Agreed | ||
| 123 |
ANTI-BRIBERY POLICY REVIEW 2015/16 Report Appendix A - Clean version of amended Policy Appendix B - Tracked Changes version of amended Policy The Cabinet Chairman presented a report of the Acting Senior Lawyer in respect of the Anti-Bribery Policy Review 2015/16. The following appendices were submitted with the report: Appendix A - Clean version of the amended Policy; and Appendix B - Track Changes version of the amended Policy. The Cabinet Chairman advised that the policy had been amended following the publication of the National Crime Agency (NCA) and CIPFA Local Authorities and the UK Bribery Act 2010 alert (September 2015). The Policy had been amended to include a greater level of description and guidance on what bribery was and indicators of it. The Policy was applicable to all employees, agency workers, contractors and Members. In respect of training, the Cabinet Chairman stated that there was a cross-over on this issue with other governance related training (such as Whistleblowing), review of employee training (by Human Resources) and the assessment of how this should fit within the corporate approach. The Acting Senior Lawyer advised that the Finance, Audit and Risk Committee had also asked for any training via the e-learning module to be extended to all Members. In respect of the referral from the Finance, Audit and Risk Committee with regard to this item (see Minute 113 above), the Cabinet Chairman commented that she had no difficulty with the re-insertion of the definition of bribery in Section 1 of the document. RESOLVED: That, subject to the re-insertion in the Policy of the following definition of bribery in Section 1 of the document, the amendments to the Anti-Bribery Policy, as set out in Appendix B to the report, be approved: "Bribery is an inducement or reward offered, promised or provided to gain personal, commercial, regulatory or contractual advantage. Bribery is a criminal offence. North Hertfordshire District Council does not, and will not, pay bribes or offer improper inducements to anyone for any purpose, nor does the Council or will the Council, accept bribes or improper inducements." REASON FOR DECISION: To comply with a recent legislative review of the UK Bribery Act 2010 and good practice; and to provide a degree of uniformity within the Hertfordshire Shared Anti-Fraud Services authorities. |
Agreed | ||
| 124 |
WHISTLEBLOWING POLICY REVIEW 2015/16 Report Appendix A - Clean version of amended Policy Appendix B - Tracked changes version of amended Policy The Cabinet Chairman presented a report of the Acting Senior Lawyer in respect of the Whistleblowing Policy Review 2015/16. The following appendices were submitted with the report: Appendix A - Clean version of the amended Policy; and Appendix B - Track Changes version of the amended Policy. The Cabinet Chairman advised the Policy had been last reviewed in 2014, but had been amended following the publication of the Whistleblowing Guidance for Employers and Code of Practice from the Department of Business Innovation and Skills (the ‘BIS Code') in March 2015, and Public Concern at work - ‘PCaW' Best Practice Guide in November 2015. The changes reflected recommendations in the Code, Guidance, updated Whistleblowing Policy templates and recent case law. It was noted that the Finance, Audit and Risk Committee had considered the Whistleblowing Policy Review 2015/16 at its meeting held on 23 March 2015, and had supported the proposed amendments to the Policy. RESOLVED: (1) That the amendments to the Whistleblowing Policy, as set out in Appendix B to the report, be approved; and (2) That authority be delegated to the Cabinet Chairman to agree any further amendments to the Policy (if these are required) following the introduction of Section 43FA of the Employment Rights Act 1996 Regulations. REASON FOR DECISION: To ensure consistency and good governance within the Council; and to reflect changes set out in the Whistleblowing Guidance for Employers and Code of Practice from the Department of Business Innovation and Skills and recent case law. |
Agreed | ||
| 125 |
PROPOSED CAR PARKING TARIFF INCREASES FOR 2016/17 Report Appendix A - NHDC Current Car Parking Tariffs for 2015/16 Addendum Report The Executive Member of Policy, Transport and Green Issues presented a report and addendum report of the Head of Development and Building Control in respect of proposed Car Parking Tariff Increases for 2016/17. The following appendix was submitted with the report: Appendix A - NHDC Current Car Parking Tariffs for 2015/16. The Executive Member for Policy, Transport and Green Issues advised that the 2016/17 Revenue Budget, approved by Council on 11 February 2016, planned that income from parking charges would increase in line with the Council's fees and charges policy, as laid out in Annex A to the Medium Term Financial Strategy. This resulted in an increase of 2.1% on the full year parking income budget, which represented the increase in CPI plus 2% as measured over the twelve months to November 2015. It was therefore proposed to increase car parking tariffs in the Council's off-street car parks, with the tariff increases being focused on the long stay charges in Baldock, Hitchin, Letchworth Garden City and Royston. The Executive Member for Policy, Transport and Green Issues stated that Table 1 in Paragraph 8.4 of the report outlined proposed changes, together with the projected revenue increase based on current usage figures. It was, subject to Cabinet approval, proposed to implement these changes as soon as possible from 2 May 2016. The Executive Member for Policy, Transport and Green Issues commented that all Members were informed about the car park tariff proposals in the Members' Information Service on 4 March 2016 and encouraged to submit any comments to him. He had received comments from Royston Area Committee Members who were concerned that the increases could encourage further parking in surrounding roads and could impact on the vitality of Royston Town Centre. However, as no consensus for a way forward could be reached by the Royston Members, it was felt that the increases set out in the report should be progressed. In respect of the addendum report tabled at the meeting, the Executive Member for Policy, Transport and Green Issues explained that this related to a further 2016/17 budget decision approved by Council on 11 February 2016 to introduce charging at the Norton Common (Letchworth) car parks as a revenue efficiency proposal. These were the car parks adjacent to the outdoor swimming pool and to the bowling green and tennis courts at Norton Common, both accessed off Icknield Way. At present these car parks were free and allowed parking without restriction on duration of stay. Consequently, the car parks were frequently used by commuters and local businesses, restricting the availability of parking for those people wishing to use the facilities at Norton Common, in particular the outdoor swimming pool and bowling clubs during the summer months. The Executive Member for Policy, Transport and Green Issues advised that the proposed tariffs for the Norton Common car parks set out at Paragraph 2.4 of the addendum report should be noted, and that authority should be delegated to the Head of Development and Building Control, in consultation with him, to consider any tariff related comments to the formal consultation on the draft (Off-street Parking Places) (Norton Common, Letchworth) Traffic Regulation Order and determine the proposed parking tariffs (if implemented). Furthermore, that where any significant changes were proposed to the tariffs set out at Paragraph 2.4 of the addendum report as a result of the consultation, the matter was referred back to Cabinet for consideration. Cabinet supported the recommendations contained in the report and addendum report. RESOLVED: (1) That the proposed car park tariff increases for 2016/17 for various long stay off street car parks in Baldock, Hitchin, Letchworth Garden City and Royston, as set out in Table 1 at Paragraph 8.4 of the report, be adopted; (2) That the proposed increase in season tickets prices by CPI (November 2015) plus 2% for 2016/17, as set out in Table 2 at Paragraph 9.2 of the report, be agreed for each of the Council's long stay car parks in Hitchin, Letchworth Garden City and Royston; (3) That resident permits, visitor permits, business permits or visitor tickets for resident permit zones be not increased for 2016/17, and that the prices remain as set out in Table 3 at Paragraph 9.3 of the report; and (4) That the proposed tariff increases set out in Resolutions (1) and (2) above be implemented as soon as practicable, and that officers, in consultation with the Executive Member for Policy, Transport and Green Issues, proceed with the implementation as required; (5) That the proposed tariffs set out at Paragraph 2.4 of the addendum report be noted, and authority be delegated to the Head of Development and Building Control, in consultation with the Executive Member for Policy, Transport and Green Issues, to consider any tariff related comments to the formal consultation on the draft (Off-street Parking Places) (Norton Common, Letchworth) Traffic Regulation Order and determine the proposed parking tariffs (if implemented); and (6) That, where any significant changes are proposed to the tariffs set out at Paragraph 2.4 of the addendum report, the matter is referred back to Cabinet for consideration. REASON FOR DECISION: To implement an increase in car parking tariffs and season ticket prices in accordance with the Council's fees and charges policy set out in its Medium Term Financial Strategy. |
Agreed | ||
| 126 |
COMMUNITY CENTRE LEASES AND AUDIT OUTCOMES Report Appendix 1 - NHDC Community Centres and Halls - February 2016 Appendix 2 - Summary Financial information of Centres Appendix 3 - Coombes Community Centre response to information requested Appendix 4 - Breakdown of Condition survey figures Appendix 5.1 - Equality Impact Assessment of proposals Appendix 5.2 - Equality Impact Assessment - Additional information [Prior to the consideration to the consideration of this item, Councillor Bernard Lovewell made a Declarable Interest, due to his role as a trustee of Walsworth Community Association. Due to the requirements of the Code of Conduct and this potential conflict of interest, he withdrew from the Chamber for the entirety of the debate and vote upon this item.] Councillor Ray Shakespeare-Smith addressed Cabinet in respect of this item. He recognised, as did most councillors and members of the community, that the Council must seek savings where possible and adopt a uniform and fair policy on many matters which ensured equal treatment for all parties. Councillor Shakespeare-Smith stated that community halls across North Hertfordshire had evolved over a considerable period of time at different places and with different conditions covering their maintenance, repair and management. They were found in a variety of areas, villages, stand alone and in urban areas. It was totally logical that the Council should seek a uniform solution to the issue of their future maintenance, governance and status. However, uniform and fair did not necessarily mean identical, but he believed NHDC was a responsive Council, aware of local circumstances and prepared to adapt policy to meet individual circumstances. Councillor Shakespeare-Smith commented that Walsworth Community Centre was a case in question. Unlike some community centres it had a particular history and relevance to the local community. Locally, it was an important historic landmark. Built in the 1850's by Mary Exton as the first school in Walsworth, it served the local community for many years in that role. It had been part of Walsworth life for many years, and since its change to a community centre had been used by many local groups, childrens' groups, the Townswomen's Guild, dance groups, faith groups and the Walsworth festival, not to mention its use as a Polling Station. There was considerable use of the hall, as evidenced by the level of bookings. Councillor Shakespeare-Smith posed the question that, if the hall was so popular, why was it unable to be self-funding. To answer that question, the nature and location of the building required consideration. The building was nearly 170 years old; it had maintenance issues; damp was foremost; the water table was high; and building techniques of the 19th Century were not as advanced as modern techniques. In addition, the hall was not as large, nor the facilities as sophisticated, as a modern hall and was consequently unsuitable for large events such as weddings. The kitchen was able to provide certain refreshments, but was restricted. In short, the capacity of the hall to attract profit from bookings was limited. Councillor Shakespeare-Smith felt that consideration should also be given to the area the community hall served. Woolgrove Road and surrounding streets were predominantly Council housing, now North Herts Homes. So despite it being effectively a "Walsworth Village Hall, the area did not command the disposable income of many other villages in North Hertfordshire. In summary, he considered that it was a special case, deserving of a special solution. Councillor Shakespeare-Smith was informed that a local Christian group who currently used the hall on a Sunday would be prepared to join the Walsworth Community Association to seek a way forward, so perhaps some joint management arrangements could be made. Councillor Shakespeare-Smith concluded by stating that, despite the hall's potential, given its age, physical condition, geographical location, the socio-economic environment and the special place it occupied in Walsworth, he asked that the Council departed from its current policy of seeking a repairing lease, and that other arrangements were made to ensure the survival of this highly valued local asset for many years to come. The Chairman thanked Councillor Shakespeare-Smith for his presentation. The Executive Member for Community Engagement and Rural Affairs presented a report of the Head of Policy and Community Services in respect of the current position reached in negotiations for renewal of leases of NHDC owned Community Centres, and seeking Cabinet direction as to how it wished officers to proceed. The following appendices were submitted with the report: Appendix 1 - SIAS final Audit report - NHDC Community Centres and Halls February 2016; Appendix 2 - Summary Financial information of centres; Appendix 3 - Coombes Community Centre response to information request; Appendix 4 - Breakdown of Condition Survey figures; and Appendix 5 - Equality Impact Assessment of proposals. The Executive Member for Community Engagement and Rural Affairs drew attention to the four potential options for the community centre leases set out in Section 10 the report, as follows: - Option 1 - Officers continue to negotiate with the current occupiers of each community centre with a view to concluding leases on the best terms possible, noting that this may be at variance with the Council's agreed Community Hall Strategy, and that the authority may continue to remain liable for remaining repairs, maintenance and insurance requirements in the longer term, such negotiations to be concluded by the end of September 2016; OR - Option 2 - Officers continue to negotiate with the current occupiers of each community centre with a view to concluding leases on a full repairing basis in accordance with the Council's agreed Community Hall Strategy. The Council indicates its preferred options in regard to the financing of agreed essential works at individual centres in order to provide greater assurance to the existing tenants as to the future sustainability of a facility, such negotiations to be concluded by the end of September 2016; OR - Option 3 - Cabinet directs officers to terminate the tenancy of those community associations currently held over on a ‘tenancy at will' and seek alternative tenants for the centres; OR - Option 4 - Officers be directed, alongside the negotiation of any leases, to explore options to dispose of community centres/sites for other uses and, where any centre was vacant or a lease had not been concluded by September 2016, to present a further report to Cabinet in November 2016 regarding the options identified. However, notwithstanding the four options outlined above, the Executive Member for Community Engagement and Rural Affairs, supported by the Executive Member for Finance and IT, considered that it would be appropriate for Members and officers to carry out a final round of discussions and negotiations with the Community Centre organisations, with a view to offering them a package for the new leases which broadly complied with the existing policy on Community Halls and which could be agreed by both parties. He further considered that the deadline for the conclusion of the discussions/negotiations referred to should be fixed as August 2016, and if no agreement between the parties was reached by then, the matter be reported back to Cabinet. In respect of the referral from the Overview and Scrutiny Committee with regard to this item (see Minute 112 above), the Executive Member for Community Engagement and Rural Affairs commented that he was prepared to accept Recommendations (1) and (3) of the referral, but was not prepared to accept Recommendations (2) and (4). The Cabinet supported this approach, and the proposal to carry out a final round of discussions and negotiations with the Community Centre organisations. RESOLVED: (1) That the findings of the SIAS audit report on Community Halls and Centres, as attached at Appendix 1 to the report, and the two recommendations arising therefrom, be noted; (2) That ways should be sought of enabling investment in necessary works to Community Centres to take place to ensure facilities are in a reasonable standard of repair for lease negotiations to progress; (3) That, throughout lease discussions, officers be advised to pay due consideration to the guiding principles suggested by the Overview and Scrutiny Committee to ensure that the social and community benefits afforded by community centres are evaluated alongside any benefit derived from securing a full repairing or alternative lease arrangement; (4) That authority to agree the precise terms of any leases to be taken forward be delegated to the Strategic Director of Finance, Policy and Governance, in consultation with the Executive Members for Finance & IT and Community Engagement & Rural Affairs, and that these Members, together with appropriate officers, continue with discussions with the Community Centre organisations with a view to offering them a package for the new leases which broadly complies with the existing policy on Community Halls and which can be agreed by both parties; and (5) That the deadline for the conclusion of the discussions/negotiations referred to in Resolution (4) above be fixed as August 2016, and if no agreement between the parties is reached by then, the matter be reported back to Cabinet. REASON FOR DECISION: To progress and complete community centre lease negotiations. |
Agreed | ||