Meeting documents

Southern Rural Committee
Thursday, 4th December, 2014 7.30 pm

Time: 7.30pm Place: Committee Room 1, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Councillor D.J. Barnard (Chairman), Councillor Tricia Cowley, Councillor Faye S Frost, Councillor Jane Gray, Councillor Steve Hemingway, Councillor Sal Jarvis and Councillor Mrs C.P.A. Strong.
 IN ATTENDANCE: John Robinson (Strategic Director of Customer Services), Mary Caldwell (Development and Conservation Manager), Stuart Izzard (Community Development Manager) and Hilary Dineen (Committee and Member Services Officer).
 ALSO PRESENT: At the commencement of the meeting 12 members of the public.
 Meeting attachment Agenda Front Pages
Item Description/Resolution Status Action
PART I
42 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors John Bishop and Cathryn Henry.
Noted   
43 MINUTES
Minutes

RESOLVED: That the Minutes of the Meeting held on 25 September 2014 be approved as a true record of the proceedings and be signed by the Chairman.
Agreed   
44 NOTIFICATION OF OTHER BUSINESS

There were no notifications of other business.
Noted   
45 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed everyone to the meeting, particularly those giving a presentation;

(2) The Chairman invited all those present to join him for a festive drink after the meeting;

(3) Members were reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item. Members declaring a Declarable Interest which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.
Noted   
46 PUBLIC PARTICIPATION - ICKLEFORD PARISH COUNCIL

The Community Development Manager advised that representatives from Ickleford Parish Council were unable to attend this meeting due to the Parish Council meeting being held at the same time.
Noted   
47 PUBLIC PARTICIPATION - KNEBWORTH BOWLS CLUB

Mr John Matthews and Mrs Patricia Beadle, Knebworth Bowls Club, thanked the Chairman for the opportunity to address the Committee and gave a verbal presentation in support of the grant application as follows:

Knebworth was a small Bowls Club with approximately 30 members. Funding was needed to address urgent safety issues regarding the paving slabs and patio area, which were wither lifting or sinking and a new safety rail.

Members were hoping to do some of the work themselves over the winter, but with an elderly membership, it would be necessary to employ contractors for some of the work.

The work would cost approximately £2,000, of which 50 per cent was being sought from this Committee.

The outgoings of the Club included £3,500 per annum to maintain the green and the need to purchase a new mowers costing approximately £3,000.

Members asked several questions including whether they had approached the Knebworth Village Trust or Knebworth Parish Council for funding.

Mr Matthews advised that the Knebworth Village Trust had assisted with the rebuilding of the club house, which had been burned down by arsonists and that funding applications to Knebworth Parish Council had not been successful in the past.

The Chairman thanked Mr Matthews and Mrs Beadle for their presentation.
Noted   
48 PUBLIC PARTICIPATION - PIRTON PARISH COUNCIL (BENCHES)

The Community Development Manager advised that representatives from Pirton Parish Council were unable to attend this meeting to give a presentation in support of their grant application for funding towards the purchase of picnic benches due to a Parish Council related meeting being held at the same time.
Noted   
49 PUBLIC PARTICIPATION - WASTE NOT WANT NOT

Mr Hal Fowler, Chairman, and Ms Isobel Barnes both of Waste Not Want Not, thanked the Chairman for the opportunity to address the Committee and gave a verbal presentation regarding the application for grant funding as follows:

Mr Fowler thanked the Committee for their support in the past and said that the help received from NHDC had been fantastic.

The once derelict site had developed into an amazing place with gazebos, a portaloo, and water collection points, which was open 6 days a week.

They had organised a show and sold plants which had helped raise some money, but were desperately in need of support to help them through the next few months.

Mr Fowler informed Members that Knebworth Village Trust had awarded grant funding of £1,000 and that they were looking for grant funding of £1,500 from this Committee.

Members asked what was the turnover of the site and what would happen once funds ran out.

The Community Development Manager advised that income from plants sales, events and other off site projects was approximately £2,000 each month.

Ms Barnes informed Members that they had so far managed to make payments from their own funds.

The Chairman thanked Mr Fowler and Ms Barnes for their presentation.
Noted   
50 PUBLIC PARTICIPATION - GREAT ASHBY OVER 50S CLUB

The Community Development Officer advised that the Great Ashby Over 50s Club had withdrawn their application for grant funding and would therefore not be making a presentation to this meeting.
Noted   
51 PUBLIC PARTICIPATION - PETERS GREEN VILLAGE HALL

Mrs Donatella Pirola, Peters Green Village Hall, thanked the Chairman for the opportunity to address the Committee and gave a verbal presentation regarding the application for grant funding as follows:

- Help was needed in order to undertake further essential maintenance on the Hall;
- North Herts Community Halls Scheme had awarded the Hall £15,000 for essential maintenance;
- The Parish Council had awarded £1,000;
- Maintenance issues identified in the Halls and Community Centres Strategy had largely been completed;
- Additional issues had arisen including wet rot under the floorboards and 2 out 6 electric heaters no longer working;
- The Halls Management Committee were seeking a grant from the committee of £1,200.

The Chairman thanked Mrs Pirola for her presentation.
Noted   
52 PUBLIC PARTICIPATION - PIRTON PARISH COUNCIL (GARAGE DOOR)

The Community Development Manager advised that representatives from Pirton Parish Council were unable to attend this meeting to give a presentation in support of their grant application for Ward Member funding towards the purchase of a replacement garage door due to a Parish Council related meeting being held at the same time.
Noted   
53 INFORMATION NOTE: NORTH HERTFORDSHIRE DISTRICT MUSEUM AND COMMUNITY FACILITY AT HITCHIN TOWN HALL
Information Note

The Strategic Director of Customer Services presented the Information Note regarding the North Hertfordshire District Museum and Community Facility at Hitchin Town Hall which provided an update on progress to date. He advised that, as previously reported in September 2014, additional unforeseeable costs during the construction phase had already resulted in an increase in the project contingency budget being earmarked. Since that time, partly as a result of the delay in securing Listed Building Consent because of the need to report back to Planning Control Committee on conditions, it was anticipated that additional costs would be incurred and project completion would be approximately 7-12 weeks behind schedule. The Council's Quantity Surveyor was currently in negotiation with our construction contractor and any additional costs will be reported in due course.

He advised the Committee that there had been a number of statements made by Hitchin Town Hall Ltd and that Members should be aware that any public rebuttal by the Council at this stage could put the Council at risk and urged Members not to make any speculative comments regarding the project.

The Strategic Director of Customer Services confirmed that there would be an additional meeting of the NHDC Overview and Scrutiny Committee on 18 December 2014 at which all matters concerning the Development Agreement would be reviewed. Members noted that this meeting would have Part 1 and Part 2 sections and that all Members of the Council would receive an invitation to attend.

Members expressed some concern at the length of time that the Museums in North Hertfordshire had been closed and asked whether many complaints had been received. They also asked whether the two elements of the building would be opened separately or at the same time.

The Strategic Director of Customer Services informed Members that the closure of the existing museums had been unavoidable and planned and that, there had not been many complaints as users had been kept fully informed throughout. In respect of the completion of the 2 elements of the building, he advised that the project was being managed as a single build and the community facility was expected to be handed over to HTH Ltd for fit out after construction.

Members expressed concern regarding the difficulties that were being experienced with the partnership but were keen that the development continue in order to provide a District Museum and Community Facility.

They queried the delay in securing Listed Building Consent. It was noted that there had been alleged breaches of the Development Agreement and that pictures and statements had been made in the press.

The Strategic Director of Customer Services advised that, as the design wasn't fully formed at the point the Development Agreement was entered into, it was known that further Listed Building Consent would be required and that the Planning Control Committee had required the discharge of conditions to be referred back to the Committee, which had caused delay. There would be a meeting of the Overview and Scrutiny Committee on 18 December 2015, to which all Members would be invited, which would address the issues regarding alleged breaches of the Development Agreement.

The Chairman advised Members that the forthcoming Overview and Scrutiny Meeting was the forum at which to discuss the details.

RESOLVED:
(1) That the Information Note regarding North Hertfordshire District Museum and Community Facility at Hitchin Town Hall be noted;

(2) That the Strategic Director of Customer Services be requested to bring regular updates to the Southern Rural Committee regarding the North Hertfordshire District Museum and Community Facility at Hitchin Town Hall.

REASON FOR DECISION: To ensure that the Southern Rural Committee is kept fully appraised of progress on the development of the North Hertfordshire District Museum and Community Facility at Hitchin Town Hall.
Agreed   
54 SECTION 106 AND UNILATERAL UNDERTAKINGS
Report
Appendix

The Development and Conservation Manager presented the report regarding Section 106 and Unilateral Undertakings which detailed the contributions received from planning applications and subsequent monies committed to specific projects.

She drew to the attention of Members the changes to the Community Infrastructure Levy regulations in April 2015, as detailed in Paragraphs 8.5 and 8.6 of the report, which would curtail the ability to use Section 106 agreements.

From April 2015 a pooling limit would be applied to any obligation after 6 April 2010. This will mean that if more than 5 obligations had already been committed to a project the LPA would not be able to seek any further contributions.

The Government would be undertaking a review of CIL during spring 2015 and Members would be informed should there be any significant changes.

Since writing the report the Government had updated and modified the Planning Practice Guidance, which now states that no contributions should be sought from developments of ten or less units. In rural areas, the Council may apply a lower threshold of 5 units or less where no affordable housing or tariffs should be sought and on developments of 6 - ten units the contributions may be sought in the form of commuted cash payments.

The Development and Conservation Manager drew attention to Paragraph 8.11 which detailed the income and expenditure and Paragraphs 8.12 and 8.13 which gave details of the projects which had benefitted from contributions.

Although there was a large balance in the account, this did not reflect the monies allocated to projects, but not yet spent such as some elements of the Green Space Strategy that may not take place until 2018/19.

She advised that Parish Councils were always advised to ask about Section 106 funding for any project they are undertaking.

Members asked for further clarification of how the changes, due in April 2015 would affect the collection of contributions.

The Development and Conservation Manager advised that contributions were, in normal circumstances collected at the commencement of the development; the request for any contribution had to be justified; there was always a risk that the Applicant could resubmit an application without Section 106 contributions and that it was very difficult to justify requesting contributions when there were no projects in the area.

RESOLVED:

(1) That the contents of the report entitled Section 106 and Unilateral Undertakings be noted:

(2) That, in the event that the are any further legislative updates concerning the implementation of any changes to Community Infrastructure Levy Regulations from 6 April 2015, the Development and Conservation Manager be requested to provide an information note to Members;

(3) That the Development and Conservation Manager continue to present update reports on an annual basis;

(4) That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where Section 106 or Unilateral Undertaking funding is generated be consulted prior to allocation of funds to any project;

(5) That, other than where a contribution has been negotiated for a specific purpose or project, Ward Members of the area where Section 106 or Unilateral Undertaking funding is generated and the Area Committee to be consulted prior to funding being allocated away from that area or from a village location to a town.

REASON FOR DECISION:
(1) To ensure there is a robust system for negotiating and managing Section 106 and Unilateral Undertakings;

(2) To ensure that Section 106 and Unilateral Undertakings funding is kept under constant review and that the risk associated with this activity is managed in an appropriate manner.
Agreed   
55 COMMUNITY UPDATE AND GRANT APPLICATIONS
Report
Appendix 1 - Budget Sheet
Appendix 2 - Work Programme
Appendix 3 - Grant - Ickleford Parish Council
Appendix 4 - Grant - Knebworth Bowls Club
Appendix 5 - Grant - Pirton Parish Council
Appendix 6 - Grant - Waste No Want Not
Appendix 7 - Grant - Great Ashby Over 50s Club
Appendix 8 - Grant - Peters Green Village Hall
Appendix 9 - Grant - Pirton Parish Council

The Community Development Manager presented the report entitled Community Update and Grant Applications and drew attention to the following:

Budgets
The Community Development Manager referred Members to Section 7 of the report which detailed the amount of unallocated funds in each budget and reminded Members that there was only one more meeting this Civic Year.

RESOLVED:
(1) That the activities and schemes with which the Community Development Officer has been involved with, as set out in the report, be noted;

(2) That the budgetary expenditure, balances and carry forwards within the Area Committee Development Budget spreadsheet, as attached at Appendix 1 to the report, be noted.

REASON FOR DECISION: To ensure that the Southern Rural Committee is kept informed of the work of the Community Development Officer and to inform Members of the financial resources and current budgetary position.
Agreed   
56 GRANT APPLICATION - ICKLEFORD PARISH COUNCIL

Members noted that the Parish Council was match funding £1,200 and

RESOLVED: That grant funding of £500 be allocated to Ickleford Parish Council from the Memorandums of Understanding Budget as a contribution towards the costs of essential safety works to the children's play area.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
57 GRANT APPLICATION - KNEBWORTH BOWLS CLUB

RESOLVED: That grant funding of £1,000 be allocated to Knebworth Bowls Club from the Youth and Sport Budget as a contribution towards the cost of safety works and improvement to the external paved and patio areas.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
58 GRANT APPLICATION - PIRTON PARISH COUNCIL (BENCHES)

Members discussed the amount that could be awarded and

RESOLVED: That grant funding of £250 be allocated to Pirton Parish Council from the Community Projects Budget, as a contribution towards the provision of 4 new picnic style tables and benches at the recreation ground.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
59 GRANT APPLICATION - WASTE NOT WANT NOT

The Community Development Manager advised that this Committee had awarded the following grant funding to Waste Not Want Not: 2011-12 - £670, 2012-13 - £1,750 and 2013-14 - £2,000. Applications had also been made to Knebworth Village Trust and the High Sheriff of Hertfordshire, with a further application to be made to Luton Airport.

Members were very supportive of the work undertaken by Waste Not Want Not, who made a difference to the quality of people's lives but were concerned at that the accounts of the Group had not been submitted.

They were also concerned that this application was for running costs rather than capital expenditure, although agreed that funding could exceptionally be used for this purpose.

RESOLVED: That, subject to receipt of satisfactory accounts, grant funding of £1,500 be allocated to Waste Not Want Not from the Community Projects Budget, as a contribution towards operational support costs to further develop activities.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
60 GRANT APPLICATION - GREAT ASHBY OVER 50S CLUB

The Community Development Manager advised that the Great Ashby Over 50s Club had withdrawn this application for grant funding. However the Club would be making an application for funding in March 2015 with regard to a hearing loop system.
Noted   
61 GRANT APPLICATION- PETERS GREEN VILLAGE HALL

The Chairman informed Members that Peters Green Village Hall had received substantial funding from NHDC for renovations, however, whilst undertaking the repairs, further work was discovered.

The Community Development Manager informed Members that the Parish Council had awarded grant funding and that the Village Hall were contributing from their own funds.

RESOLVED: That, subject to clarification regarding whether vat can be reclaimed, a sum amounting to £1,200 (plus VAT if required) be allocated to Peters Green Village Hall from the Discretionary Budget, as a contribution towards the cost of further refurbishment works required on the hall.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
62 WARD MEMBER GRANT APPLICATION - PIRTON PARISH COUNCIL (GARAGE DOORS)

RESOLVED: That grant funding of £150 be allocated to Pirton Parish Council from Councillor Faye Frost's Ward Member Budget, as a contribution towards the cost of a replacement garage store door at the recreation ground.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
63 WARD MEMBER GRANT APPLICATION - GRAVELEY PARISH COUNCIL

RESOLVED: That, subject to satisfactory paperwork being submitted, grant funding of £300 be allocated to Graveley Parish Council from Councillor Sal Jarvis's Ward Member Budget, as a contribution towards the cost of tree works at the children's play area.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
64 WARD MEMBER GRANT APPLICATION - GRAVELEY PARISH COUNCIL

RESOLVED: That, subject to satisfactory paperwork being submitted, grant funding of £200 be allocated to Graveley Parish Council from Councillor Cathryn Henry's Ward Member Budget, as a contribution towards the cost of environmental cleaning of Graveley Pond.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
65 WARD MEMBER GRANT APPLICATION - OFFLEY AND COCKERNHOE PARISH COUNCIL

RESOLVED: That grant funding of £285 be allocated to Offley and Cockernhoe Parish Council from Councillor Mrs C.P.A. Strong's Ward Member Budget, as a contribution towards the cost of a baby changing table in the Offley Youth Club and Village Hall.

REASON FOR DECISION: To allow the Southern Rural Committee to assist voluntary organisations and further the aims and priorities of the Council.
Agreed   
66 WARD AND OUTSIDE ORGANISATIONS - MEMBERS' REPORTS

No Ward Members or Outside Organisation reports were made.
Noted