| Time: | 7.30pm | Place: | Council Chamber, Council Offices, Gernon Road, Letchworth Garden City |
| PRESENT: | Councillor R.L. Shakespeare - Smith (Chairman), Councillor John Booth (Vice-Chairman), Councillor Mrs A.G. Ashley, Councillor Alan Bardett, Councillor Clare Billing, Councillor Judi Billing, Councillor P.C.W. Burt, Councillor Julian Cunningham, Councillor Bill Davidson, Councillor Jean Green, Councillor Nicola Harris, Councillor Simon Harwood, Councillor Steve Hemingway, Councillor Cathryn Henry, Councillor Fiona Hill, Councillor T.W. Hone, Councillor Tony Hunter, Councillor S.K. Jarvis, Councillor Sal Jarvis, Councillor Joan Kirby, Councillor David Leal - Bennett, Councillor David Levett, Councillor Ben Lewis, Councillor Bernard Lovewell, Councillor Sandra Lunn, Councillor Ian Mantle, Councillor Paul Marment, Councillor Jim McNally, Councillor Alan Millard, Councillor Gerald Morris, Councillor Mrs L.A. Needham, Councillor Janine Paterson, Councillor Frank Radcliffe, Councillor Deepak Sangha, Councillor Deborah Segalini, Councillor Adrian Smith, Councillor Harry Spencer-Smith, Councillor Mrs C.P.A. Strong, Councillor R.A.C. Thake and Councillor M.E. Weeks. |
| IN ATTENDANCE: | Chief Executive, Strategic Director of Finance, Policy & Governance, Strategic Director of Customer Services, Contracts & Projects Manager, PA to the Strategic Director of Customer Services, Acting Corporate Legal Manager, Democratic Services Manager and Committee & Member Services Manager. |
| ALSO PRESENT: | 5 members of the public. |
| Meeting attachment |
Agenda Front Pages |
| Item | Description/Resolution | Status | Action | |
| PART I | ||||
| 39 |
APOLOGIES FOR ABSENCE Apologies for absence were received from Councillors D.J. Barnard, John Bishop, Jane Gray, John Harris, Lorna Kercher, M.R.M. Muir and Mike Rice. |
Noted | ||
| 40 |
MINUTES Minutes It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and RESOLVED: That the Minutes of the meeting of the Council held on 16 July 2015 be approved as a true record and signed by the Chairman. |
Agreed | ||
| 41 |
NOTIFICATION OF OTHER BUSINESS No additional business was presented for consideration by the Council. |
Noted | ||
| 42 |
CHAIRMAN'S ANNOUNCEMENTS (1) Councillor Judi Billing MBE The Chairman apologised for the failure of the Council to have formally recognised the well-deserved award of an MBE to Councillor Judi Billing in Her Majesty the Queen's Birthday Honours List. He conveyed belated and warmest congratulations to Councillor Billing and, in recognition of the achievement, he invited her to come forward and receive a bouquet of flowers. (2) Councillors Sal and Steve Jarvis The Chairman announced that, on 12 September 2015, to mark the 5th anniversary of their son Ollie's death, both Councillors Sal and Steve Jarvis would be walking the 44km along the Wychwood Way in Oxfordshire to raise money for the charity Cardiomyopathy UK. All donations and sponsorship would be welcomed. (3) 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. (4) Councillor Faye S. Frost The Chairman congratulated Councillor Faye S. Frost on the recent birth of her son, Henry. |
Noted | ||
| 43 |
PUBLIC PARTICIPATION There was no public participation. |
Noted | ||
| 44 |
ITEM REFERRED FROM CABINET: 28 JULY 2015 - CORPORATE PLAN 2016-2021 Referral Appendix A - Corporate Plan 2016-2021 The Council considered the Minute of the meeting of the Cabinet held on 28 July 2015, in respect of the proposed Corporate Plan 2016-2021 (Minute 31 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendix: Appendix A - Corporate Plan 2016-2021. It was moved by Councillor Julian Cunningham, seconded by Councillor Mrs L.A. Needham and, following debate and upon being put to the vote, it was RESOLVED: That the Corporate Plan 2016-2021, as attached at Appendix A to the report, be adopted. REASON FOR DECISION: To put in place a suitable high level strategic policy document to inform the Council's Corporate Business Planning process. |
Agreed | ||
| 45 |
ITEM REFERRED FROM CABINET: 28 JULY 2015 - MEDIUM TERM FINANCIAL STRATEGY 2016-2021 Referral Appendix A - Medium Term Financial Strategy 2016-2021 Annex A to Appendix A - Fees and Charges Policy Annex B to Appendix A - Reserves Policy Appendix 1 to Appendix A - General Fund Estimates 2016/17 to 2020/21 - 1 Appendix 2 to Appendix A - General Fund Estimates 2016/17 to 2020/21 - 2 Appendix 3 to Appendix A - General Fund Estimates 2016/17 to 2020/21 - 3 The Council considered the Minute of the meeting of the Cabinet held on 28 July 2015, in respect of the proposed Medium Term Financial Strategy 2016-2021 (Minute 32 refers). A copy of the report considered by the Cabinet was included with the agenda, as was the following appendices: Appendix A - Medium Term Financial Strategy 2016-2021 and General Fund Estimates 2015-2021. 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 2016-2021, as outlined in Appendix A to the report, 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 2016/17 to 2020/21 culminating in the setting of the Council tax precept for 2016/17 in February 2016. |
Agreed | ||
| 46 |
ITEM REFERRED FROM CABINET: 28 JULY 2015 - NORTH HERTFORDSHIRE LOCAL PLAN - REVISED STATEMENT OF COMMUNITY INVOLVEMENT Referral Appendix A - Amended Statement of Community Involvement - 2015 Appendix B - Schedule of representations and responses to the consultation The Council considered the Minute of the meeting of the Cabinet held on 28 July 2015, in respect of the revised Statement of Community Involvement (Minute 33 refers). A copy of the report considered by the Cabinet was included with the agenda, as were the following appendices: Appendix A - Amended Statement of Community Involvement - 2015; and Appendix B - Schedule of representations and response to the consultation. 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: (1) That the revised Statement of Community Involvement as attached at Appendix A to the report, be adopted; and (2) That delegated authority be given to the Head of Development and Building Control, in conjunction with the Executive Member for Planning and Enterprise, to approve minor amendments or typographical corrections to the documents as may be necessary. REASON FOR DECISION: To set out how the Council consults with the local community in preparing the Local Plan and in determining planning applications. |
Agreed | ||
| 47 |
ITEM REFERRED FROM STANDARDS COMMITTEE: 12 AUGUST 2015 - PROPOSED NEW PLANNING CODE OF GOOD PRACTICE Referral Appendix A - Proposed new Planning Code of Good Practice Appendix B - Current Planning Code of Good Practice The Council considered the Minute of the meeting of the Standards Committee held on 12 August 2015, in respect of the proposed new Planning Code of Good Practice (Minute 6 refers). A copy of the report considered by the Standards Committee was included with the agenda, as were the following appendices: Appendix A - Proposed new Planning Code of Good Practice; and Appendix B - Current Planning Code of Good Practice. It was moved by Councillor Mrs L.A. Needham, and seconded by Councillor Alan Millard, that the proposed new Planning Code of Good Practice, as attached at Appendix A to the report, be adopted. Following debate, an amendment was moved by Councillor Sal Jarvis, and seconded by Councillor S.K. Jarvis, that the wording at the end of the second bullet point of Section 7 (Site Visits/Inspections) of the Code "Requests can be made to the Development and Conservation Manager, or at Committee if the item is on the agenda, and will be arranged if it is agreed that it is reasonable (in terms of timing and nature of the proposal)." be replaced with "Requests can be made to the Development and Conservation Manager, or at Committee if the item is on the agenda, and will be arranged at a reasonable time and date if the applicant is in agreement." Upon being put to the vote, the amendment was lost. During the debate upon the item, the following comments were made by Members: - Amendments should be made to reflect the positive contributions that Members made in dealing with planning issues (including the possible reversal of some of the "Do's and Don't's contained in the document); and - A possible reference to a section on the mediation role provided by Members, especially in dealing with neighbour disputes on planning applications. Councillor David Leal-Bennett raised a matter in respect of an invitation that he and other Members had received some time ago to attend a meeting regarding Churchgate, and the e-mail from the Monitoring Officer advising Members not to attend due to possible pre-determination issues. He had contacted Peter Lilley MP about this issue, who had responded that this approach was "over the top" in a Parliamentary debate. The Acting Monitoring Officer explained that Councillor Leal-Bennett had omitted a key stage in his recollection of events. He was referring to an interim e-mail sent on the Friday, but that he had failed to recall that a subsequent e-mail had been sent by the Monitoring Officer the following Monday advising that Members could attend the meeting. Neither Councillor Leal-Bennett's recollection, nor the Parliamentary debate on the Wednesday had made reference to the Monday e-mail which had confirmed that Members could attend. Following further debate, an amendment was moved by Councillor Mrs C.P.A. Strong, and seconded by Councillor Sal Jarvis, that the words "but at the next meeting of the Standards Committee the contributions and comments made by the Council be reviewed and incorporated into the Code." be added to the end of the motion. Upon being put to the vote, the amendment was carried. Upon the substantive motion being put to the vote, it was RESOLVED: That the proposed new Planning Code of Good Practice, as attached at Appendix A to the report, be adopted, but at the next meeting of the Standards Committee the contributions and comments made by the Council be reviewed and incorporated into the Code. REASON FOR DECISION: To ensure good governance within the Council and that the Council's Planning Code of Good Practice remains fit for purpose and is consistent with best practice. |
Agreed | ||
| 48 |
AMENDMENTS TO THE COUNCIL CONSTITUTION Report The Acting Corporate Legal Manager and Monitoring Officer presented a report on proposed amendments to the Council's Constitution following the adoption by Cabinet of a protocol regarding the audio recording of committee meetings, and notified Members of two amendments made under the Monitoring Officers delegated authority. The Acting Corporate Legal Manager advised that the minor delegated changes to the Constitution were outlined in Paragraph 7.4 of the report. The substantive elements of change requested in the report related to the audio recording of committee meetings. He drew attention to Recommendation 2.1(i) in the report, and the examples of what might be considered disruption to any meeting caused by the use of recording devices. It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and upon being put to the vote, it was RESOLVED: (1) That the following amendments to the Council's Constitution be approved: i. Paragraph 3.2.1 (c)(ii) be amended to read "The Council operates openly and transparently and recognises that citizens may wish to utilise social media during meetings (including recording meetings). This engagement is welcomed provided that Council business is not disrupted or disturbed. Examples of disruptive behaviour can include: - moving to areas outside the areas designated for the public without the consent of the Chairman; - excessive noise in recording or setting up or re-siting equipment during the debate/discussion; - intrusive lighting and use of flash photography; and - asking for people to repeat statements for the purposes of recording." ii. Agenda and Recording of Meetings by the Council" and new sub-clause added "(d) The Council takes an audio recording of all parts of its committee meetings which the public are entitled to attend. The recording is retained in accordance with the Council's data retention policies." iii. Paragraph 4.8.20 (Members' Conduct) be amended to add "(f) Recording Meetings Members taking their own recording of a committee meeting must comply with the Council's Protocol for Recording of Council Meetings and ensure that Council business is not disrupted or disturbed. Examples of such behaviour are set out at 3.2.1(c)(ii)." iv. Paragraph 4.8.21 (Disturbance by Public) be amended to add "(c) Recording Meetings Members of the Public taking recordings of a committee meeting must comply with the Council's Protocol for Recording of Council Meetings and ensure that Council business is not disrupted or disturbed. Examples of such behaviour are set out at 3.2.1(c)(ii)." (2) That the amendments made under the Monitoring Officer's delegated authority be noted. REASON FOR DECISION: To ensure the Council meets its statutory obligations and continues to improve its working practices. |
Agreed | ||
| 49 |
RE-APPOINTMENT OF ACTING MONITORING OFFICER Report [Prior to the consideration of this report, the Acting Monitoring Officer withdrew from the Chamber for the duration of the debate and vote on the item.] The Council considered a report of the Head of Paid Service (Chief Executive) seeking the re-appointment of the Acting Corporate Legal Manager as Acting Monitoring Officer following the resignation of the Council's Monitoring Officer. It was moved by Councillor Mrs L.A. Needham, seconded by Councillor T.W. Hone, and upon being put to the vote, it was RESOLVED: (1) That the Acting Monitoring Officer be re-appointed without requiring a recommendation of the Employment Committee; and (2) That the Acting Corporate Legal Manager continues to be designated the Acting Monitoring Officer until a permanent appointment is made. REASON FOR DECISION: To ensure that the Authority complies with its statutory requirements. |
Agreed | ||
| 50 |
NORTH HERTFORDSHIRE MUSEUM AND COMMUNITY FACILITY AT HITCHIN TOWN HALL Report [Prior to the consideration of this item, Councillors Bernard Lovewell, Peter Burt and Julian Cunningham declared that they would be withdrawing from the Chamber, as they were Members of the Cabinet Sub-Committee (Council Charities), which was responsible for making decisions on the North Hertfordshire Museum and Community Facility on behalf of the Hitchin Town Hall: Gymnasium and Workmans Hall Trust. Accordingly, they withdrew from the Chamber for the duration of this and the subsequent item.] At the Chairman's request, the Members (and substitutes) of the Standards Committee withdrew from the meeting. The Chairman referred to the previous advice of the Monitoring Officer regarding the fact that Councillor David Leal-Bennett had a declarable interest in respect of Hitchin Town Hall. As Councillor Leal-Bennett had not declared this interest, the Chairman ruled that he would not be heard during the debate on the item, nor would he be permitted to vote on the matter. At this point, the Members (and substitutes) of the Standards Committee returned to the meeting. The Strategic Director of Customer Services drew attention to some amended figures in the first bullet point of Paragraph 11.7 of the report. The figure "£338,000" should be £339,000" and the figure "£21,800" should be £28,250". The Executive Member for Community Engagement and Rural Affairs (Councillor Tony Hunter) presented a report of the Strategic Director of Customer Services and Project Executive, in respect of the North Hertfordshire Museum and Community Facility at Hitchin Town Hall. The Executive Member for Community Engagement and Rural Affairs advised that, as the wording in the resolutions made by the Council at its meeting on 16 July 2015 had agreed the expenditure of £138,000 for the fit out of the Town Hall, "subject to" various other matters, which had yet to be resolved. In order to bring forward the fit out of the Town Hall, the Council was now required to approve the release of the agreed £138,000. It was moved by Councillor Tony Hunter, seconded by Councillor Mrs L.A. Needham, and upon being put to the vote, it was RESOLVED: That the immediate capital expenditure to a maximum of £138,000 for the fit out of the Hitchin Town Hall be approved. REASON FOR DECISION: To enable the necessary preparatory works to be carried out at Hitchin Town Hall to enable it to open in the latter part of 2015 in accordance with Council's direction. |
Agreed | ||
| 51 |
QUESTIONS FROM MEMBERS Report There were no questions from Members. |
Noted | ||
| 52 |
NOTICE OF MOTIONS Report No notices of motions had been received. |
Noted | ||