Meeting documents

Cabinet
Tuesday, 22nd November, 2016 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, Head of Finance, Performance & Asset Management, Head of Housing and Public Protection, Head of Leisure & Environmental Services, Strategic Planning & Projects Manager, Environmental Health Manager, Principal Strategic Planning Officer, Senior Estates Surveyor, Environmental Protection Officer, Corporate Legal Manager and Committee & Member Services Manager.
 ALSO PRESENT: Councillors Michael Weeks (Chairman of the Finance, Audit & Risk Committee) and Martin Stears-Handscomb.
3 members of the public.
 Meeting attachments Agenda Front Pages
Audio Recording of Meeting
Item Description/Resolution Status Action
PART I
74 APOLOGIES FOR ABSENCE

There were no apologies for absence.
Noted   
75 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of Cabinet held on 26 September 2016 be approved as a true record of the proceedings and signed by the Chairman.
Agreed   
76 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of Cabinet held on 27 September 2016 be approved as a true record of the proceedings and signed by the Chairman.
Agreed   
77 NOTIFICATION OF OTHER BUSINESS

There was no notification of other business.
Noted   
78 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   
79 PUBLIC PARTICIPATION

Cabinet was addressed by Mr Paul Phillips (Letchworth Garden City resident), in respect of NHDC published policy on planning and domestic housing.

Mr Phillips advised that this topic had arisen from personal circumstances, although it had highlighted what he considered to be a more general issue connected with Planning Policy in North Hertfordshire, and Letchworth Garden City in particular.

Mr Phillips recognised the importance of Planning Policy in regulating control of development. By Planning Policy, he meant documented Planning Policy. In respect of those Policies affecting Letchworth Garden City, he commented that that there were two relevant documents, namely the NHDC policy documents and the Letchworth Garden City Heritage Foundation (LGCHF) policy documents.

Mr Phillips explained that if one looked at those documents, the NHDC ones referenced and made use of the LGCHF ones. He considered that the NHDC documents were fairly clear in stating that the LGCHF guidelines applied across the board to domestic housing in Letchworth Garden City. However, the LGCHF documents applied only to a sub-set of domestic housing in the town.

Mr Phillips was of the view that there was clearly an ambiguity between the two sets of documents. As an individual, when one came to rely on the policy statements contained in the documents, it was very difficult to make a case, due to this ambiguity.

Mr Phillips accepted that the LGCHF documents were important because they contained very specific guidelines for Letchworth Garden City, for the example the one prohibiting the construction of front extensions on properties. However, it was unclear whether of not this applied to all houses in the town or to just the sub-set of houses mentioned above.

Mr Phillips commented that if it was the case that the LGCHF policy applied only to modern and traditional character housing, and not across the board, then this made little sense, as modern homes in the town had their own characteristics. He therefore considered that the LGCHF guidelines should apply to all domestic housing in Letchworth Garden City, and not just to sub-sets of them.

Mr Phillips next referred to the relationship between North Hertfordshire Homes (NHH) and NHDC. For example, if one was involved in a particular planning application via NHDC Planning Officers, individuals were often advised to contact NHH as, in the deeds of some of the houses in the town there were statements prohibiting building between the front of the housing line and the highway. However, often when one applied to NHH for Landlord's Consent, they replied that they had no particular policy criteria for making a decision and that they just followed the NHDC decision.

The Chairman thanked Mr Phillips for his presentation, and commented that he had certainly given the Council some information that would need to be double checked. She explained that the LGCHF's Landlord's Consent applied to all area of Letchworth Garden City, with the exception of the Grange and Jackmans Estates.

Upon being invited to speak by the Chairman, the Executive Member of Planning, Housing and Enterprise accepted that there was clearly an ambiguity between the policies of the various organisations. He felt that it was important that this issue be addressed and taken into account in work on the NHDC Supplementary Planning Policies following adoption of the North Hertfordshire Local Plan.
Noted   
80 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 22 SEPTEMBER 2016 - UPDATED CONTRACT PROCUREMENT RULES
Referral
Appendix A - Draft amended Contract Procurement Rules
Appendix B - Summary of Changes

The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 20 September 2016, in respect of the updated Contract Procurement Rules (Minute 32 refers):

"RECOMMENDED TO CABINET: That the proposed changes to the Contract Procurement Rules, as described in Section 7 of the report and as set out in Appendix A to the report, be recommended to Council for approval."

The Chairman of the Finance, Audit and Risk Committee reminded Members that this item had been deferred at the Cabinet meeting held on 27 September 2016 to allow sufficient time for Cabinet Members to give full consideration to the changes to the Rules.

The Chairman of the Finance, Audit and Risk Committee advised that the Contract Procurement Rules had been revised to incorporate the following process, legislative and policy changes:

- Ensuring that concession contracts complied with legislation;
- Requirement to consider social value in line with legislation;
- Inclusion of requirements in relation to the Go Local policy;
- Increased use of the Intend electronic tendering system; and
- That provisions around contract extensions more closely reflected the requirements of the Public Contracts Regulations 2015.

The Chairman of the Finance, Audit and Risk Committee commented that the major changes to the Rules were summarised in Section 7 of the report, and the full revised Rules were set out in Appendix A to the report. He highlighted the changes relating to Concession contracts, the Social Value Act, "Go Local" Policy and enhanced use of the Council's electronic tendering system ("InTend").

The Executive Member for Finance and IT stated that he supported the proposed changes to the Rules.

RECOMMENDED TO COUNCIL: That the proposed changes to the Contract Procurement Rules, as described in Section 7 of the report and as set out in Appendix A to the report, be approved.

REASON FOR DECISION: To comply with the requirements of the Council's Procurement Strategy.
Agreed   
81 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 21 NOVEMBER 2016 - APPOINTMENT OF EXTERNAL AUDITORS FOR 2018/19 ONWARDS
Referral

The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 21 November 2016, in respect of the Appointment of External Auditors for 2018/19 onwards (Minute 43 refers):

"RECOMMENDED TO CABINET: That Council be requested to approve that the Council opts in to the appointing person arrangements made by Public Sector Audit Appointments Ltd (PSAA) for the appointment of external auditors, for a period of 5 years from the 2018/19 audit."

The Chairman of the Finance, Audit and Risk Committee advised that the Local Audit and Accountability Act 2014 had abolished the Audit Commission. For an interim period, Public Sector Audit Appointments Ltd (PSAA) had arranged for audits to be undertaken by audit firms. However, for audits from 2018/19, local authorities were required to appoint their own auditors.

The Chairman of the Finance, Audit and Risk Committee commented that, whilst there were options available that allowed local authorities to have greater control over the process, it was considered that sector wide procurement would deliver cost and process efficiencies. This could be achieved by entering into the joint procurement arrangements undertaken by the PSAA.

The Chairman of the Finance, Audit and Risk Committee referred to the advantages of using the PSAA process, as described in Paragraph 7.4 of the report, and alternatives to using the process were set out in Paragraph 7.5 of the report. The report concluded that the PSAA option was considered to be the best one for the Council to choose.

The Executive Member for Finance and IT stated that he was supportive of the proposal for the Council to opt in to the external auditor appointing arrangements made by Public Sector Audit Appointments Ltd.

RECOMMENDED TO COUNCIL: That the Council opts in to the appointing person arrangements made by Public Sector Audit Appointments Ltd (PSAA) for the appointment of external auditors, for a period of 5 years from the 2018/19 audit.

REASON FOR DECISION: To comply with the requirement under Regulation 19 of the Local Audit (Appointing Person) Regulations 2015 to appoint an external auditor; and to take forward the option that is most likely to provide the best value for money, both in terms of cost and time taken to deliver.
Agreed   
82 ITEM REFERRED FROM FINANCE, AUDIT AND RISK COMMITTEE: 21 NOVEMBER 2016 - LAND AND PROPERTY REVIEW
Referral

RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 14 (see Minute 89 below).
Noted   
83 STRATEGIC PLANNING MATTERS
Report
Appendix A - Officer response to Central Bedfordshire Council
Appendix B - Response to Welwyn Hatfield Borough Council Proposed Submission Draft Local Plan

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 the Duty to Co-operate with neighbouring authorities; Other Local Plans and Examinations; North Hertfordshire Local Plan and Community Infrastructure Levy; Neighbourhood Plans; Hertfordshire County Council Local Transport Plan; and Government announcements. The following appendices were submitted with the report:

Appendix A - Officer response to Central Bedfordshire Council; and
Appendix B - Response to Welwyn Hatfield Borough Council Proposed Submission Draft Local Plan.

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

- Duty to Co-operate with neighbouring authorities: Luton Housing Market Growth Study - Work was near completion. The Growth Study would inform the Duty to Co-operate discussions between the four commissioning authorities on the possible distribution of the Objectively Assessed Housing Need within the Luton Housing Market Area (HMA). The draft report would be reported to and discussed at the Steering Group in early November 2016, although early indications pointed to the fact that NHDC's assessment of its contribution of 1,900 homes to meet Luton's unmet need was about right;
- Duty to Co-operate with neighbouring authorities: Stevenage Memorandum of Understanding - negotiations were ongoing and it was hoped that they would be completed in the near future;
- Central Bedfordshire Local Plan - work had commenced on a new Local Plan. The NHDC response to the consultation set out in Appendix A to the report acknowledged the significant number of potential development sites identified within close proximity to the District resulting from the Call for Sites undertaken by Central Bedfordshire earlier this year. The response asked that cross-boundary impacts on infrastructure services, transport networks and the environment should be addressed when allocating sites;
- Stevenage Local Plan - the Examination in Public would commence on 17 January 2017;
- Luton Local Plan - Following completion of Stage 2 of the Examination in Public, the Inspector had announced dates for the third set of hearing sessions on the weeks commencing 6 December 2016 and 10 January 2017. These sessions would principally relate to detailed development allocations and policies;
- North Hertfordshire Local Plan - the closing date for representations of the Submission Draft was 30 November 2016. 500 responses had been received so far, although it was predicted that this number would increase during the final week of the consultation;
- Community Infrastructure Levy (CIL) - the operation of CIL was currently in a state of flux and uncertainty. In due course, and following the publication of the CIL Review Panel report, the Cabinet would be asked for an in principle decision as to whether NHDC should progress a CIL charging schedule;
- Neighbourhood Plans - Pirton Parish Council intended to submit their Neighbourhood Plan for public consultation. Once submitted, the Council would need to consult on the Plan for a minimum of six weeks. Any representations received would be collated and then be considered by an independent examiner before a referendum on the Plan could be held;
- Hertfordshire County Council Local Transport Plan - consultation on the possible contents for the next Local Transport Plan (LTP) closed on 14 December 2016. An NHDC response would be prepared and agreed under the Executive Member's delegated powers, and a copy would be appended to the December 2016 Strategic Planning Matters Cabinet report; and
- Government Announcements - the Neighbourhood Planning Bill had its second reading in the House of Commons in October 2026 and was presently being considered by the Public Bill Committee that was scrutinising the bill line by line. One aspect of the Bill was that, if Local Plans were not ready by the time of Government deadlines, then County Councils would take over the preparation and finalisation of the Plans.

RESOLVED: That the report on Strategic Planning Matters be noted.

REASON FOR DECISION: To keep the Cabinet informed of recent developments on strategic planning matters and progress on the North Hertfordshire Local Plan.
Noted   
84 SECOND QUARTER REVENUE MONITORING 2016/17
Report

The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the Second Quarter Revenue Budget Monitoring 2016/17.

The Executive Member for Finance and IT advised that, as at 30 September 2016, there was a £19,000 increase in net spend for 2016/17. Table 2 in the report detailed the major budget variances. The cost projections included:

- The cost of redundancy, pay in lieu and pension strain following the restructure of senior management. These were partially offset by the salary cost savings realised in the remainder of the year - £211,000;
- Increased revenue from parking income as activity in the first half of the year was higher than budgeted - £180,000; and
- Cost of commissioning a consultant to undertake the review of the Parking Strategy and a parking survey - £80,000.

In terms of the impact on future years, the Executive Member for Finance and IT stated that there was a decrease in the net budget for 2017/18 of £172,000.

The Executive Member for Finance and IT referred to Table 3 of the report concerning the Council's Key Financial Health Indicators, all five of which were at "green" status.

In respect of the Collection Fund, the Executive Member for Finance and IT commented that it was currently forecast that there would be a surplus of Council Tax of approximately £200,000 and a deficit on Business Rates of around £700,000. Hertfordshire County Council had advised that, as a result of being in the Business Rates pool, NHDC should benefit from pooling gain by approximately £200,000 in 2017/18.

The Executive Member for Finance and IT concluded by referring to Table 5 in the report, which confirmed that the projected General Fund balance at the end of the financial year would be very similar to that forecast at the beginning of the financial year (as approved by Council in February 2016).

RESOLVED:

(1) That the report be noted;

(2) That the changes to the 2016/17 General Fund budget identified in Table 2 and Paragraph 7.3 of the report, totalling a £19,000 increase in net expenditure, be approved; and

(3) That the forecast changes to the 2017/18 General Fund budget identified in Table 2 and Paragraph 7.3 of the report, totalling a £172,000 decrease in net expenditure, be noted, and be incorporated into the 2017/18 budget setting papers to be approved by Council in February 2017.

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   
85 TREASURY MANAGEMENT SECOND QUARTER 2016/17
Report
Appendix A - Treasury Management Mid Year Review, September 2016

The Executive Member for Finance and IT presented a report of the Strategic Director of Finance, Policy and Governance in respect of the Second Quarter Treasury Management Monitoring 2016/17. The following appendix was submitted with the report:

Appendix A - Treasury Management Update - September 2016.

The Executive Member for Finance and IT advised that, as at 30 September 2016, the forecast for annual investment income was the same as that reported at the end of the First Quarter, namely £427,000.

The Executive Member for Finance and IT commented that the Council had continued to operate within its approved Treasury Management Strategy and in compliance with Treasury management practices.

RESOLVED: That the position of Treasury Management activity as at the end of September 2016, 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   
86 SECOND QUARTER CAPITAL MONITORING 2016/17
Report
Appendix A - Capital Programme Summary 2016/17 onwards
Appendix B - Capital Programme Detail 2016/17 onwards

The Executive Member for Finance and IT presented the report of the Strategic Director of Finance, Policy and Governance in respect of the Second Quarter Capital Programme Monitoring 2016/17. The following appendices were submitted with the report:

Appendix A - Capital Programme Summary 2016/17 onwards; and
Appendix B - Capital Programme Detail 2016/17 onwards.

The Executive Member for Finance and IT advised that £1.416million worth of Capital schemes had been re-profiled into 2017/18. The main adjustments were highlighted in Table 2 of the report.

The Executive Member for Finance and IT explained that the major element of re-programming was due to the impact of Local Plan work on officer time. Accordingly, fewer staff resources had been available to commission many of the projects listed in the programme, including the Cycle Strategy and Transport Plans implementation.

The Executive Member for Finance and IT referred to Table 3 in the report, which itemised how the planned capital expenditure would be financed. If the £33million programme was spent by 2019/20, then the Council would have little left of its capital reserves to fund new projects.

The Executive Member for Finance and IT commented that, by the end of 2016/17, the level of capital reserves would fall below £20 million. As detailed in the Medium Term Financial Strategy, this required that a review of funding was undertaken. This would be incorporated in to the Capital programme report for 2017/18 to 2020/21.

In reply to a Member's question regarding the unexpected projected underspend in Disabled Facilities Grants, the Executive Member for Housing and Environmental Health commented that the NHDC website would be refreshed to highlight the availability of such grants, and he trusted that this matter would be taken into account in the forthcoming joint work on the Home Improvement Agency for Hertfordshire.

RESOLVED:

(1) That the report be noted;

(2) That the adjustments to the 2016/17 Capital Programme identified in Table 2 and Paragraph 7.4 of the report, in respect of a £1.551million reduction in the 2016/17 working budget, be approved: and

(3) That the forecast changes to the 2017/18 Capital Programme identified in Table 2 and Paragraph 7.4 of the report, in respect of a £1.416million increase in spend, be noted, and that these be incorporated into the 2017/18 budget setting papers to be approved by Council in February 2017.

REASON FOR DECISION: To approve revisions to the Capital Programme, and to ensure that the Capital Programme is fully funded.
Agreed   
87 DESIGNATION OF AN AIR QUALITY MANAGEMENT AREA
Report and Appendices

The Executive Member for Housing and Environmental Health presented a report of the Head of Housing and Public Protection in respect of the designation of an Air Quality Management Area (AQMA) in Hitchin. The following appendices were submitted with the report:

Appendix 1 - Map of proposed AQMA and address of the one dwelling within the AQMA; and
Appendix 2 - Annual mean concentration levels of Nitrogen Dioxide at locations in the vicinity of the Paynes Park roundabout, Hitchin.

The Executive Member for Housing and Environmental Health advised that, in overall terms, air quality in North Hertfordshire was good. However, there were two areas in Hitchin where air quality objectives were being exceeded, mainly due to the traffic.

The Executive Member for Housing and Environmental Health explained that, as a result of these pollution levels, the two areas in question were required to be designated as AQMAs. He reminded Cabinet that the first of these areas, Stevenage Road, had been designated as an AQMA in 2012 and an Air Quality Action Plan (AQAP) had been subsequently prepared. The report concerned the proposed designation of the second area, namely the Paynes Park roundabout in Hitchin.

The Executive Member for Housing and Environmental Health commented that the Council had a statutory duty to designate this area as an AQMA. He stated that the major issue concerned vehicle emission levels and that, although these were generally improving, traffic volumes were also increasing.

The Head of Housing and Public Protection, the Environmental Manager and Environmental Protection Officer answered a number of Members' questions regarding the report. It was confirmed that NHDC was required to designate areas as AQMAs in these circumstances and prepare the associated AQAPs, but that other agencies were better placed to deliver improvements, such as Hertfordshire County Council (as Highway Authority) and DEFRA (in bringing about legislation to further reduce the environmental impact of vehicle emissions).

RESOLVED:

(1) That the area of Paynes Park, Hitchin, as shown on the Plan at Appendix A to the report, be designated as an Area Quality Management Area (AQMA);

(2) That the Executive Member for Housing and Environmental Health be delegated the responsibility to approve a draft action plan and associated consultation arrangements, and to subsequently approve the final action plan for the Paynes Park AQMA; and

(3) That the Executive Member for Housing and Environmental Health be delegated responsibility to agree any changes to the Stevenage Road Air Quality Action Plan (AQAP) once the plan has been reviewed.

REASON FOR DECISION: To reinforce the need to ensure appropriate measures are implemented with the aim of meeting air quality standards and objectives.
Agreed   
88 REVIEW OF GREEN SPACE MANAGEMENT STRATEGY
Report and Appendices

The Executive Member for Leisure presented a report of the Head of Leisure and Environmental Services in respect of a review of the Green Space Management Strategy. The following appendices were submitted with the report:

Appendix A - Options for Play areas;
Appendix B - Football Pavilions; and
Appendix C - Green Space Capital Programme.

The Executive Member for Leisure advised that, notwithstanding the fact that the Council cherished its green spaces, the amount of Capital and Revenue investment required to maintain all of the sites in the Green Space Management Strategy was no longer sustainable.

The Executive Member for Leisure explained that the report highlighted the key principles of retaining the District's vital green space, whilst reducing and managing the costs. The three key areas of focus had been play areas, football pitches, and their associated pavilions. Other areas, such as grass cutting, had been acknowledged by the Project Board as being acceptable at current levels. The recommendations were aimed at reducing the level of investment in green spaces in order to align the Green Space management Strategy with the MTFS.

The Executive Member for Leisure referred to Paragraph 8.1.1 of the report, which set out financial information in relation to play areas. The Council currently had 47 play areas across the District. It had been estimated that an equipped play area would need to be refurbished on average every 15 years, with an average capital cost of refurbishment in the region of £71,000 per play area. To retain all 47 play areas would require an ongoing capital investment of £222,500, and NHDC's current annual spend was £85,000. The annual revenue spend per play area was £2,200.

The Executive Member for Leisure advised that the Project Board had undertaken research, including visits to all 47 sites. As a result, 14 play areas had been identified as having a low level of use, a low provision of play value, and which were likely to require investment in the next five years. Accordingly, it was recommended that these play areas should be removed and returned to open green space. To balance this reduction, the remaining major play areas would receive ongoing investment commensurate with their level of use and consequential wear and tear.

In respect of football pavilions, the Executive Member for Leisure commented that their general condition was extremely poor, requiring very significant investment to bring them up to acceptable standards. Research had shown that where pavilions were not provided the football had carried on regardless. The investment required for these pavilions did not support the football provision at the identified locations for one match a week for five months of each year. To balance this, ongoing investment would continue at the Grange Recreation Ground pavilion in Letchworth Garden City and Swinburn and Ransom Recreation Ground pavilions in Hitchin. This sat alongside the possible refurbishment of Walsworth Pavilion in Hitchin, which was dependent upon the use of Section 106 monies.

The Executive Member for Leisure explained that the adoption of the above approach would bring the Green Space Management Strategy and its associated service area in line with the MTFS, whilst protecting the fundamental foundations of this valued service area. The aim of the report was to seek agreement to the principle of the proposals, with a further report to be submitted to the January 2017 Cabinet meeting, following the outcome of a series of focus groups, so that any agreed proposals could be fed into the Budget process for 2017/18.

The Executive Member for Waste Management, Recycling and Environment supported the comments made by the Executive Member for Leisure. He hoped that, should the proposals be approved, then the works required for removal of the play areas and pavilions could be completed within two years.

The Cabinet acknowledged that this would be one of the hard decisions faced by the Council over the coming years, necessitated due to the ongoing pressures on finances. Members were supportive of the proposed approach and agreed that the consultation exercise should include whether there were any opportunities for assets to be transferred into community ownership, on the understanding that this would be at no additional cost to the Council.

RESOLVED:

(1) That the findings of the Green Space Project Board be noted, and based on their recommendations, the production of a draft new Green Space Management Strategy for the period 2017-2021, which aligns with the principles of the Council's Medium Term Financial Strategy, be agreed;

(2) That the draft new Green Space Management Strategy undergoes a period of consultation and, following any consequential amendments, a final draft be brought back to Cabinet on 24 January 2017 for formal adoption, and that part of this consultation should include whether there are any opportunities for assets to be transferred into community ownership; and

(3) That, once approved, the work programme in the new Green Space Management Strategy be incorporated into the 2017/18 budget setting process.

REASON FOR DECISION: To reflect one of the principal aims of the Council's Medium Term Financial Strategy which is to "optimise income generation and efficiency savings wherever possible and keep down costs in order to minimise the impact on essential services", whilst maintaining an adequate and sustainable green space infrastructure.
Agreed   
89 LAND AND PROPERTY REVIEW
Report

The Executive Member for Finance and IT presented a report of the Head of Finance, Performance and Asset Management which provided an update on property disposals 2011-2016 and proposed future disposals.

The Chairman of the Finance, Audit and Risk Committee presented the following referral from that Committee, made at its meeting held on 21 November 2016, in respect of the Land and Property Review (Minute 42 refers):

"RECOMMENDED TO CABINET: That Recommendation 2.2 in the report be expanded to read "That Cabinet notes that options for the sites previously approved for disposal as listed in Table 4 of the report are still being progressed, but that account should be taken of the emerging North Hertfordshire Local Plan."

The Chairman of the Finance, Audit and Risk Committee advised that the Committee had acknowledged that the sites set out in Table 4 of the report were part of the Council's asset management portfolio, but were surprised that some sites had been included in the emerging Local Plan, whilst others had been excluded. This explained the proposed addition to the recommendation highlighted above.

The Executive Member for Finance and IT had no difficulty in accepting the recommendation of the Finance, Audit and Risk Committee, with the exception that the word "but" should be replaced with the word "and". This amendment was supported by the Cabinet.

The Executive Member for Finance and IT advised that five sites had been sold for housing, which had generated £5.85 million of capital receipts with 43 homes constructed and around a further 23 expected (as set out in Table 1 of the report). Three sites had been sold for other purposes and had generated receipts of £110,000 (as set out at Table 2 of the report). Three sites had been leased (as set out in Table 3 of the report).

In respect of the sites that had previously been approved for disposal, the Executive Member for Finance and IT stated that the report detailed progress on 14 sites, as set out in Table 4 of the report. The report also sought authority to investigate disposal for three new sites, as detailed in Table 5 of the report.

The Executive Member for Finance and IT commented that cognisance would need to made of the Self Build and Custom Housebuilding Act 2015, which had come into effect on 1 April 2016, and which placed a duty on local authorities in England to keep and have regard to a register of people who were interested acquiring serviced plots of land for self build or custom build projects in their area, in order to build houses for those individuals to occupy as homes. There were currently 29 individuals on the NHDC Register.

The Executive Member for Planning and Enterprise commented that, whilst some of the sites in Table 4 were included in the emerging Local Plan and some were not, all of the sites had been on the original "long list" of potential Local Plan sites. Those sites not included in the Local Plan had been discounted for various reasons; however, the Local Plan did include an allocation of 500 dwellings under the heading of "windfall" sites.

RESOLVED:

(1) That the details of the land and property disposals from 2011-2016 be noted;

(2) That it be noted that options for the sites previously approved for disposal, as listed in Table 4 of the report, are still being progressed, and that account should be taken of the emerging North Hertfordshire Local Plan; and

(3) That the sites identified in Table 5 of the report be declared as surplus to the Council's requirements; that disposal options for these sites be investigated in more detail; and that Cabinet be advised about them as appropriate.

REASON FOR DECISION: To provide an update on land and property disposals between 2011 and 2016; to provide capital receipts to help fund the Council's capital programme, or to generate income through providing market housing for rental; and to facilitate the provision of new housing through the use of Council owned land that might otherwise remain of limited benefit to the community.
Agreed