Meeting documents

Council
Thursday, 4th September, 2014 7.30 pm

Time: 7.30pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor Tricia Cowley (Chairman), Councillor R.L. Shakespeare - Smith (Vice-Chairman), Councillor Mrs A.G. Ashley, Councillor Clare Billing, Councillor Judi Billing, Councillor John Bishop, Councillor John Booth, Councillor P.C.W. Burt, Councillor Paul Clark, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Faye S Frost, Councillor Jean Green, Councillor Gary Grindal, Councillor John Harris, Councillor Simon Harwood, Councillor Steve Hemingway, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor S.K. Jarvis, Councillor Sal Jarvis, Councillor David Kearns, Councillor Joan Kirby, Councillor David Leal - Bennett, Councillor David Levett, Councillor Bernard Lovewell, Councillor Sandra Lunn, Councillor Ian Mantle, Councillor Jim McNally, Councillor Gerald Morris, Councillor M.R.M. Muir, Councillor Mrs L.A. Needham, Councillor Frank Radcliffe, Councillor Mike Rice, Councillor Deepak Sangha, Councillor Deborah Segalini, Councillor Adrian Smith, Councillor Mrs C.P.A. Strong and Councillor R.A.C. Thake.
 IN ATTENDANCE: Chief Executive, Strategic Director of Finance, Policy and Governance, Strategic Director of Customer Services, Acting Corporate Legal Manager, Head of Finance, Performance and Asset Management, Democratic Services Manager and Committee and Member Services Manager.
 ALSO PRESENT: 2 members of the public.
 Meeting attachment Agenda Front Pages
Item Description/Resolution Status Action
PART I
33 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors D.J. Barnard, Jane Gray, Cathryn Henry, Lorna Kercher, Alan Millard, Michael Weeks and A.D. Young.
Noted   
34 MINUTES
Minutes

It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and

RESOLVED: That, subject to the inclusion of the following sentence at the end of the third paragraph of the preamble to Minute 24 - Update on Churchgate and Surrounding Area, Hitchin - "The Council asked that the legal advice on the Council's ability to enter into an exclusivity agreement be sought as soon as possible", the Minutes of the meeting of the Council held on 24 July 2014 be approved as a true record and signed by the Chairman.

In terms of progress on the legal advice referred to above, the Leader of the Council (Councillor Mrs L.A. Needham) explained that there had been a slight delay in commissioning this advice, but that a reply was expected imminently.
Agreed   
35 NOTIFICATION OF OTHER BUSINESS

No additional business was presented for consideration by the Council.
Noted   
36 CHAIRMAN'S ANNOUNCEMENTS

Declarations of Interest

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.
Noted   
37 PUBLIC PARTICIPATION

There was no public participation.
Noted   
38 ITEM REFERRED FROM CABINET: 5 AUGUST 2014 - STRATEGIC PLANNING MATTERS - LOCAL DEVELOPMENT SCHEME
Referral
Appendix A

The Council considered the Minute of the meeting of the Cabinet held on 5 August 2014, in respect of Strategic Planning Matters - Local Development Scheme (Minute 32 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix:

Appendix A - North Hertfordshire Local Development Scheme.

The Portfolio Holder for Planning and Enterprise (Councillor David Levett) confirmed that the cross-party Local Plan Working Party would meet shortly and that the housing sites would be considered at an all Member Workshop to be arranged in October 2014. The Local Plan Preferred Options paper would be submitted to Council on 27 November 2014, and would be subject to public consultation in December 2014 / January 2015.

It was moved by Councillor David Levett, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, it was

RESOLVED: That the updated draft Local Development Scheme, attached as Appendix A to the report, be approved, to take effect from 5 September 2014.

REASON FOR DECISION: To publish an up to date timetable for preparation of the Local Plan.
Agreed   
39 ITEM REFERRED FROM CABINET: 5 AUGUST 2014 - MEDIUM TERM FINANCIAL STRATEGY 2015-2020
Referral
Appendix A
Appendix 1 to Appendix A
Appendix 2 to Appendix A
Appendix 3 to Appendix A

The Council considered the Minute of the meeting of the Cabinet held on 5 August 2014, in respect of the Medium Term Financial Strategy 2015-2020 (Minute 33 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix:

Appendix A - Medium Term Financial Strategy 2015-2020 and General Fund Estimates 2015-2020.

It was moved by Councillor T.W. Hone, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, it was

RESOLVED: That the updated Medium Term Financial Strategy 2015-2020, as outlined in Appendix A to the report, as amended, be adopted and communicated to officers as the medium term financial framework for the Corporate Business Planning process.

REASON FOR DECISION: To assist in the process of forward planning the use of Council resources and in budget setting for 2015/2016 to 2019/2020 culminating in the setting of the Council Tax precept for 2015/16 in February 2015.
Agreed   
40 QUESTIONS FROM MEMBERS

Report

(A) Car Parking Charges

In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Deborah Segalini to Councillor Julian Cunningham (Cabinet Portfolio Holder for Policy, Transport and Green Issues):

"Are there any plans to increase or introduce new parking charges in any of our towns before the review that is planned for 2015?"

Councillor Cunningham replied that there were plans to introduce new parking charges, and referred Members to the February 2014 Council meeting, at which it was agreed that the charges for all Council-controlled car parks would be reviewed on a car park by car park basis. This review had been completed and the results were due for publication in the 5 September 2014 edition of the Members' Information Service.

Councillor Cunningham advised that, for the vast majority of car parks, there had been a freeze in tariffs for one hour stays, which at the current time equated to 47% of car park usage. Another proposed change would be to introduce evening and sunday charging in Hitchin car parks as a trial, with a review in April 2015. There would be consultation on this proposal with Hitchin Members and the Hitchin Town Centre Manager.

Councillor Segalini asked the following supplementary question:

"Would the evening and Sunday charges for the Hitchin car parks be implemented, and then consultation take place with Hitchin Members and the Hitchin Town Centre Manager?"

Councillor Cunningham replied that the consultation would take place first, and would happen imminently. However, it was intended to introduce the revised tariffs from 3 November 2014.

(B) Summary of NHDC's Housing Activity

In accordance with Standing Order 4.8.11(b), the following question had been submitted by Councillor Adrian Smith to Councillor Bernard Lovewell (Cabinet Portfolio Holder for Housing and Environmental Health):

"Since some vital information is missing from the Summary of NHDC's Housing Activity 2013/14 dated 19 June 2014 circulated to Councillors. Can the Council confirm:

1. The number of evictions in the District on both social and private sector, as far as the same is available.

2. The type of tenancy the said tenants (in particular those in the public sector) had at the property.

3. The reasons for each eviction as far as the same is available.

4. Of the evictions where the principal reason is rent arrears, the number of public sector households that suffered a reduction in their benefits due to reforms contained in the Welfare Reform Act 2012, coming into force since 1 April 2013.

5. The reasons for homelessness of each homeless applicant presenting to the Council, including information about each applicants last settled accommodation?"

A point of order was raised by Councillor David Levett, which queried whether or not the above question was acceptable in Constitutional terms, in that:

- It was a multi-parted question or, in his view, five questions; and

- The constitution only permitted a maximum of 3 Members' questions to be asked at any one meeting.

The Chairman asked the Acting Monitoring Officer (Acting Corporate Legal Manager) for his views upon the matter. He stated that the Constitution did not explicitly deal with multi-part questions, but referred to "question" in the singular, the inference being that a multi-part question would be outside the scope of the scheme.

Going forward, the Acting Monitoring Officer suggested that the issue of what was considered to be a multi-part question was addressed in the next review of the Constitution or reported back to the next Council meeting, to provide clarity on how the Council wished to approach questions from Members. In respect of the above question, he advised that the Chairman of the Council's discretion should be relied upon as to whether or not to allow the question.

The Acting Monitoring Officer further suggested that any parts of the question not dealt with at the meeting could be answered by way of a written response.

The Chairman of the Council decided that the question be not allowed at the meeting. Upon a vote upon whether or not the issue of Members' questions be addressed in the next review of the Constitution or reported back to the next Council meeting, it was

RESOLVED: That the issue of Members' questions be addressed in the Acting Monitoring Officer's next review of the Constitution.
Noted   
41 NOTICE OF MOTIONS

Report

There was no Notice of Motions.
Noted