Agenda, decisions and minutes

The Chair welcomed everyone to the Cabinet meeting that was being held in the Council Chamber and advised that the meeting was being streamed live on the Council’s YouTube channel and some Officers were joining online.

The Chair invited the Committee, Member and Scrutiny Officer to explain how proceedings would work.

The Committee, Member and Scrutiny Officer undertook a roll call of those officers joining the meeting online to ensure that they could hear and be heard and gave advice regarding the following:

·                Voting; and

·                Covid Risk Assessment Measures.

The Chair, Councillor Elizabeth Dennis-Harburg, started the meeting proper.

Audio recording – 29 seconds

The Chair welcomed everyone to the Cabinet meeting that was being held in the Council Chamber and advised that the meeting was being streamed live on the Council’s YouTube channel and some Officers were joining online.

The Chair invited the Committee, Member and Scrutiny Officer to explain how proceedings would work.

The Committee, Member and Scrutiny Officer undertook a roll call of those officers joining the meeting online to ensure that they could hear and be heard and gave advice regarding the following:

·                Voting; and

·                Covid Risk Assessment Measures.

The Chair, Councillor Elizabeth Dennis-Harburg, started the meeting proper.

Apologies for absence were received from Councillor Sam Collins and Deputy Executive Members Ruth Brown and Carol Stanier.

Councillor David Levett, Chair of the Overview and Scrutiny Committee also sent his apologies for absence.

Audio recording – 3 minutes 11 seconds

Apologies for absence were received from Councillor Sam Collins and Deputy Executive Members Ruth Brown and Carol Stanier.

Councillor David Levett, Chair of the Overview and Scrutiny Committee also sent his apologies for absence.

It was noted that Deputy Executive Members were not required to attend Cabinet meetings, therefore their absences would not be noted against their attendance record.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 29 June 2021.

RESOLVED:That the Minutes of the Meeting of the Committee held on 29 June 2021 be approved as a true record of the proceedings and be signed by the Chair.

Audio Recording – 3 minutes 59 seconds

Councillor Elizabeth Dennis-Harburg proposed, Councillor Paul Clark seconded, and it was:

RESOLVED:That the Minutes of the Meeting of the Committee held on 29 June 2021 be approved as a true record of the proceedings and be signed by the Chair.

Members should notify the Chair of other business which they wish to be discussed at the end of either Part I or Part II business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

The Chair will decide whether any item(s) raised will be considered.

There was no other business notified.

Audio recording – 4 minutes 47 seconds

There was no other business notified.

Climate Emergency

The Council has declared a climate emergency and is committed to achieving a target of zero carbon emissions by 2030 and helping local people and businesses to reduce their own carbon emissions.

A Cabinet Panel on the Environment has been established to engage with local people on matters relating to the climate emergency and advise the council on how to achieve these climate change objectives. A Climate Change Implementation group of councillors and council officers meets regularly to produce plans and monitor progress. Actions taken or currently underway include switching to green energy, incentives for low emission taxis, expanding tree planting and working to cut food waste.

In addition the council is a member of the Hertfordshire Climate Change and Sustainability Partnership, working with other councils across Hertfordshire to reduce the county’s carbon emissions and climate impact.

The Council’s dedicated webpage on Climate Change includes details of the council’s climate change strategy, the work of the Cabinet Panel on the Environment and a monthly briefing on progress.

Declarations of Interest

Members are 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 Chair 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, wishing to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest, move to the public area before speaking to the item and then must leave the room before the debate and vote.

(1)     The Chair advised that, in accordance with Council policy, this meeting was being audio recorded as well as filmed. The audio recordings would be available to view on the Council’s website and the film recording via the NHDC YouTube channel.

(2)     Members were reminded that the Council had declared a Climate Emergency.  This was a serious decision and meant that, as this was an emergency, officers and Members should have that in mind when carrying out their various roles and tasks for the benefit of the District. More details were included on the agenda front sheet;

(3)     The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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)     The Chair advised that she would be taking Item 14 (the Part 2 Item) regarding Land to the South of Clare Crescent, Baldock, SG7 6JR before Item 12 (the Part 1 Item on the same subject).

Audio recording – 4 minutes 52 seconds

(1)       The Chair advised that, in accordance with Council policy, this meeting was being audio recorded as well as filmed. The audio recordings would be available to view on the Council’s website and the film recording via the NHDC YouTube channel;

(2)       Members were reminded that this Council had declared a Climate Emergency. This was a serious decision and meant that, as this was an emergency, officers and Members should have that in mind as they carried out their various roles and tasks for the benefit of the District;

(3)       The Chair drew attention to the item on the agenda front pages regarding Declarations of Interest and 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)       The Chair advised that she would be taking Item 14 (the Part 2 Item) regarding Land to the South of Clare Crescent, Baldock, SG7 6JR before Item 12 (the Part 1 Item on the same subject).

To receive petitions, comments and questions from the public.

There was no public participation.

Audio recording – 5 minutes 56 seconds

There was no public participation.

Any Items referred from other committees will be circulated as soon as they are available.

7a. Referral from Overview and Scrutiny Committee: 13 July 2021 – Community Grants Policy Review, NHDC Funding Criteria Health Protection Board Community Use, and Review of Cabinet Panels’ Terms of Reference.

The Chair advised that this referral would be considered with Item 9.

Audio recording – 6 minutes 2 seconds

7a. Referral from Overview and Scrutiny Committee: 13 July 2021 – Community Grants Policy Review, NHDC Funding Criteria Health Protection Board Community Use, and Review of Cabinet Panels’ Terms of Reference.

The Chair advised that this referral would be considered with Item 9.

REPORT OF THE SERVICE DIRECTOR - RESOURCES

To seek approval of a waiver of the Council’s Contract Procurement Rules relating to the standard process for seeking and selecting tenders in relation to long-term Treasury Investments (Multi-Asset Funds and Property Funds).

RESOLVED:

(1)     That Cabinet agree a waiver of the Contract and Procurement Rules to allow the selection process for long-term Treasury Investments (Multi-Asset Funds and Property Funds) to follow the process that has been advised by the Council’s Treasury Advisers;

(2)     That the decision on selecting the funds to be invested in, be delegated to the Service Director: Resources in consultation with the Executive Member for Finance and IT.

Audio recording – 6 minutes 31 seconds

The Executive Member for Finance and IT presented the report entitled Waiver of Elements of the Council's Contract and Procurement Rules in Relation to Selecting Treasury Fund Investments.

The Executive Member for Finance and IT confirmed that the Deputy Executive Member for Finance and IT would be consulted as part of the process, although the formal written decision sat with himself and the Service Director – Resources, as reflected in Recommendation 2.

Upon being put to the vote, it was:

RESOLVED:

(1)     That Cabinet agree a waiver of the Contract and Procurement Rules to allow the selection process for long-term Treasury Investments (Multi-Asset Funds and Property Funds) to follow the process that has been advised by the Council’s Treasury Advisers;

(2)     That the decision on selecting the funds to be invested in, be delegated to the Service Director: Resources in consultation with the Executive Member for Finance and IT.

REASON FOR DECISION: To follow a selection process that has been recommended by the Council’s Treasury Advisers and they have found to be effective.

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY, AND THE POLICY AND COMMUNITY ENGAGEMENT MANAGER

To receive an overview of the Grants awarded in the previous civic year following the revision of the Community Grants policy and criteria and suggested amendments; to seek approval of the suggested Protocol for application and award of the recent Health Protection Board Funding; and to seek approval of the amendments to the Terms of Reference of the Cabinet Panels.

RESOLVED:

(1)       That, having reviewed the Grants Policy, the revisions of the Grants Policy criteria as set out in the Report not be taken forward;

(2)       That Cabinet approves the Protocol for the NHDC / Health Protection Board Funding (as set out in Appendix B) and approves the amendments to the District Wide Community Facilities Capital & Revenue Grants Panel (as set out in Appendix C); and

(3)       That Cabinet approves the amendments to the Cabinet Panels’ Terms of Reference as set out in Appendices D, E & F.

REASON FOR DECISIONS:

(1)        Reviewing the new Protocol or revised criteria that have been put in place on a regular basis, provides the Council with assurances that the grant process achieves its stated aim, that the revised criteria has made the funding more accessible to a wider range of organisations who are working to support the community work in North Hertfordshire with vulnerable people or people of protected characteristics;

(2)        The NHDC/Health Protection Board (‘HPB’) Funding detailed, has been secured and must be used by the end of March 2022. It is proposed that this is to be considered by the District Wide Community Facilities Capital & Revenue Grants Panel, whose terms of reference therefore should be updated to reflect remit;

(3)        The Administration has requested a review of the three other Cabinet Panels to align to the Council’s renewed priorities.

Audio recording – 11 minutes 35 seconds

The Executive Member for Community Engagement presented the report entitled Community Grants Policy Review, NHDC Funding Criteria Health Protection Board Community Use; and Review Of Cabinet Panels’ Terms Of Reference along with the following appendices:

·                Appendix A – Community Grants Criteria 2021;

·                Appendix B – NHDC – Health Protection Board Funding Protocol;

·                Appendix C – The District Wide Community Facilities Capital and Revenue Grants Panel Terms of Reference;

·                Appendix D – Cabinet Panel on the Environment Terms of Reference;

·                Appendix E – Cabinet Panel on Community Terms of Reference;

·                Appendix F – Cabinet Panel on Place Terms of Reference.

She explained that, following a thorough discussion at the Overview and Scrutiny Committee meeting of 13 July 2021, it had been decided that Recommendation 2.1 should be removed from the report, in order to make the grant application process as accessible as possible.

Councillor Elizabeth Dennis-Harburg proposed, Councillor Paul Clark seconded, and upon being put to the vote it was unanimously:

RESOLVED:

(1)       That, having reviewed the Grants Policy, the revisions of the Grants Policy criteria as set out in the Report not be taken forward;

(2)       That Cabinet approves the Protocol for the NHDC / Health Protection Board Funding (as set out in Appendix B) and approves the amendments to the District Wide Community Facilities Capital & Revenue Grants Panel (as set out in Appendix C); and

(3)       That Cabinet approves the amendments to the Cabinet Panels’ Terms of Reference as set out in Appendices D, E & F.

REASON FOR DECISIONS:

(1)        Reviewing the new Protocol or revised criteria that have been put in place on a regular basis, provides the Council with assurances that the grant process achieves its stated aim, that the revised criteria has made the funding more accessible to a wider range of organisations who are working to support the community work in North Hertfordshire with vulnerable people or people of protected characteristics;

(2)        The NHDC/Health Protection Board (‘HPB’) Funding detailed, has been secured and must be used by the end of March 2022. It is proposed that this is to be considered by the District Wide Community Facilities Capital & Revenue Grants Panel, whose terms of reference therefore should be updated to reflect remit;

(3)        The Administration has requested a review of the three other Cabinet Panels to align to the Council’s renewed priorities.

RESOLVED:

(1)        That the age limit for playing the North Hertfordshire Community Lottery should be raised from 16 to 18, should legislation allow;

(2)        That consideration be given to putting a policy in place which would limit any one person to buying no more than £10 worth of tickets per week;

(3)        That Cabinet approves the implementation of the new policies associated with launching and delivering the North Hertfordshire Community Lottery.

Audio recording – 17 minutes 10 seconds

The Executive Member for Community Engagement introduced the report entitled North Hertfordshire Community Lottery – New Policies together with the following appendix:

·                Appendix 1 – Gatherwell Policies

She drew attention to the following:

·                The report had been considered by the Overview and Scrutiny Committee at its meeting of 22June and a referral to Cabinet had been presented at its last meeting of 29 June;

·                The item had been deferred to allow for further consideration of the concerns raised by Members before coming to a final decision;

·                Following further deliberation it was considered that the benefits of continuing with the already agreed contract far outweighed the disbenefits of withdrawing at this point.

Councillor Elizabeth Dennis-Harburg proposed, Councillor Paul Clark seconded, and upon being put to the vote it was unanimously:

RESOLVED:

(1)        That the age limit for playing the North Hertfordshire Community Lottery should be raised from 16 to 18, should legislation allow;

(2)        That consideration be given to putting a policy in place which would limit any one person to buying no more than £10 worth of tickets per week;

(3)        That Cabinet approves the implementation of the new policies associated with launching and delivering the North Hertfordshire Community Lottery.

REPORT OF THE SERVICE DIRECTOR - REGULATORY

To seek approval to extend the July 2020 resolutions of Cabinet in relation to the proposed Developer Contributions Supplementary Planning Document (SPD) pending the outcomes of the Local Plan Examination.

RESOLVED:

(1)       That the Developer Contributions SPD approved by Cabinet in July 2020 continue to be used as a material consideration in the negotiation and determination of relevant schemes;

(2)       That, pending the updated Green Space Strategy and revised programme of Supplementary Planning Documents, Fields in Trust standards be used to assess open space provision in new development;

(3)       That officers, in consultation with the Executive Member for Planning, determine whether any areas of the Developer Contributions SPD require additional work prior to adoption and present any revised draft or final version(s) to Cabinet for their approval.

REASONS FOR DECISIONS:

(1)       To allow the continued use of the detailed guidance in the Developer Contributions SPD in the negotiation of relevant schemes;

(2)       To ensure the provision of appropriate levels of open space in new development;

(3)       To enable officers, in consultation with the Executive Member and Deputy, to consider whether any matters arising since the July 2020 resolutions of Cabinet necessitate substantive additional work before the Developer Contributions SPD is formally adopted.

Audio recording – 19 minutes 59 seconds

The Executive Member for Planning introduced the report entitled Developer Contributions Supplementary Planning Document (SPD).

He advised that the report sought the extension of the July 2020 resolutions of Cabinet in relation to the proposed Developer Contributions Supplementary Planning Document (SPD), pending the outcomes of the Local Plan Examination.

The following Members asked questions and took part in debate:

·                Councillor Steve Jarvis;

·                Councillor Paul Clark.

In response to a question, Councillor Clark confirmed that Cabinet would be updated via the regular Strategic Planning report on the long-term standards to be adopted for open/green space in future.

Councillor Clark reported that, in terms of strategic planning matters, there was an examination into the possibility of extending further the Chilterns Area of Outstanding Natural Beauty, but further information on this was not available at this time.

Councillor Paul Clark proposed, Councillor Elizabeth Dennis-Harburg seconded, and upon being put to the vote it was unanimously:

RESOLVED:

(1)       That the Developer Contributions SPD approved by Cabinet in July 2020 continue to be used as a material consideration in the negotiation and determination of relevant schemes;

(2)       That, pending the updated Green Space Strategy and revised programme of Supplementary Planning Documents, Fields in Trust standards be used to assess open space provision in new development;

(3)       That officers, in consultation with the Executive Member for Planning, determine whether any areas of the Developer Contributions SPD require additional work prior to adoption and present any revised draft or final version(s) to Cabinet for their approval.

REASONS FOR DECISIONS:

(1)       To allow the continued use of the detailed guidance in the Developer Contributions SPD in the negotiation of relevant schemes;

(2)       To ensure the provision of appropriate levels of open space in new development;

(3)       To enable officers, in consultation with the Executive Member and Deputy, to consider whether any matters arising since the July 2020 resolutions of Cabinet necessitate substantive additional work before the Developer Contributions SPD is formally adopted.

REPORT OF THE SERVICE DIRECTOR – REGULATORY

To inform Cabinet of the applications to designate a neighbourhood planning forum for Charlton and to delegate authority to designate a neighbourhood planning area for the area of Charlton following consultation on the application. 

RESOLVED: That delegated authority is granted to the Service Director – Regulatory in consultation with the Executive Members for Community Engagement and Planning to:

i.        determine the current applications for the neighbourhood planning area and neighbourhood planning forum within the statutory 13-week time limit following the conclusion of the public consultation period; and

ii.       work with the Charlton Neighbourhood Forum and other parties interested in neighbourhood planning in the area to address the issues of concern raised in the report and explore the opportunities to progress neighbourhood planning for Charlton.

REASONS FOR DECISIONS:

(1)       To ensure the Council meets its statutory duties in relation to neighbourhood planning within the prescribed time periods.

(2)       As part of an unparished area of the District, the application to designate a neighbourhood planning area and neighbourhood planning forum must be considered by the local planning authority. However, for the reasons discussed in Section 8 of the report, it would be appropriate for further discussions to be held with the Charlton Neighbourhood Forum and other (potential) neighbourhood planning bodies before a decision is taken.

Audio recording – 24 minutes 18 seconds

The Executive Member for Planning introduced the report entitled Designation of a Neighbourhood Planning Forum and Neighbourhood Planning Area for Charlton, together with the following appendices.

·                Appendix A – Charlton Society Neighbourhood Forum Application Letter;

·                Appendix B – Charlton Society Constitution;

·                Appendix C – Map Charlton NP Area.

The Senior Planning Officer advised that the Council needed to look at designating a Neighbourhood Planning Forum for the area of Charlton because it was in an unparished area of the district.

The following Members asked questions and took part in debate:

·                Councillor Ian Albert;

·                Councillor Paul Clark.

In response to a question, the Senior Planning Officer advised that the recommendations, should they be agreed, would not have a direct impact on the ‘Save The Windmill Pub’ campaign, and it would be up to a Neighbourhood Planning Forum to develop any policies in future.

Councillor Paul Clark proposed, Councillor Elizabeth Dennis-Harburg seconded and upon being put to the vote it was unanimously:

RESOLVED: That delegated authority is granted to the Service Director – Regulatory in consultation with the Executive Members for Community Engagement and Planning to:

i.        determine the current applications for the neighbourhood planning area and neighbourhood planning forum within the statutory 13-week time limit following the conclusion of the public consultation period; and

ii.       work with the Charlton Neighbourhood Forum and other parties interested in neighbourhood planning in the area to address the issues of concern raised in the report and explore the opportunities to progress neighbourhood planning for Charlton.

REASONS FOR DECISIONS:

(1)       To ensure the Council meets its statutory duties in relation to neighbourhood planning within the prescribed time periods.

(2)       As part of an unparished area of the District, the application to designate a neighbourhood planning area and neighbourhood planning forum must be considered by the local planning authority. However, for the reasons discussed in Section 8 of the report, it would be appropriate for further discussions to be held with the Charlton Neighbourhood Forum and other (potential) neighbourhood planning bodies before a decision is taken.

REPORT OF THE INTERIM PROPERTY CONSULTANT

To seek a declaration that land south of Clare Crescent, Baldock, is surplus to NHDC’s requirements.

RESOLVED:

(1)        That Cabinet declares the land surplus to NHDC’s requirements;

(2)        That Cabinet authorises disposal of the land on the transaction terms presented in the Part 2 Report to Cabinet.

REASON FOR DECISION:

(1)        To release surplus property to provide a financial receipt to help fund the capital programme;

(2)        To enable the development of new homes, including affordable homes for local applicants in North Hertfordshire.

Audio recording – 44 minutes 56 seconds

The Committee, Member and Scrutiny Officer undertook a roll call to ensure that the Officers joining remotely had successfully re-joined the Part 1 meeting.

The Executive Member for Planning presented the report entitled Land South of Clare Crescent, Baldock, together with the following appendices:

·                Appendix A – Site Plan;

·                Appendix B – Proposed Development Layout Plan.

Upon being put to the vote, it was unanimously:

RESOLVED:

(1)        That Cabinet declares the land surplus to NHDC’s requirements;

(2)        That Cabinet authorises disposal of the land on the transaction terms presented in the Part 2 Report to Cabinet.

REASON FOR DECISIONS:

(1)        To release surplus property to provide a financial receipt to help fund the capital programme;

(2)        To enable the development of new homes, including affordable homes for local applicants in North Hertfordshire.

To consider passing the following resolution:

That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

RESOLVED:  That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

Audio recording – 28 minutes 13 seconds

Councillor Elizabeth Dennis-Harburg proposed and Councillor Paul Clark seconded.

Upon being put to the vote, it was:

RESOLVED:  That under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting on the grounds that the following report will involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

REPORT OF THE INTERIM PROPERTY CONSULTANT

To seek authority to dispose of NHDC’s freehold interest in the land south of Clare Crescent, Baldock, based on transaction terms presented in this report.

RESOLVED:

(1)        That Cabinet declares the land surplus to NHDC’s requirements.  

(2)        That Cabinet authorises disposal of the land on the transaction terms presented, subject to 2.3 and 2.4.

(3)        That officers negotiate with Foxberry Developments on the Passivhaus BREEAM, or similar standards requirements for the development.

(4)        That the final decision on disposal be delegated to the Executive Member for Enterprise, the Arts and Transport in consultation with the Service Director: Commercial

REASONS FOR DECISION:

(1)        To release surplus property to provide a financial receipt to help fund the capital programme;

(2)        To enable the development of new homes, including affordable homes for local applicants in North Hertfordshire;

(3)        To meet our Climate Change Strategy proposed actions for 2021-2026.

No Audio Recording Taken

The Committee, Member and Scrutiny Officer undertook a roll call to ensure that the Officers joining remotely had successfully joined the Part 2 meeting.

The Executive Member for Planning presented the report entitled Land South of Clare Crescent, Baldock – Part 2, together with the following appendices:

·                Appendix A – Site Plan;

·                Appendix B – Proposed Development Layout Plan.

Following a discussion, it was voted upon and:

RESOLVED:

(1)        That Cabinet declares the land surplus to NHDC’s requirements;

(2)        That Cabinet authorises disposal of the land on the transaction terms presented, subject to 2.3 and 2.4;

(3)        That officers negotiate with Foxberry Developments on the Passivhaus BREEAM, or similar standards requirements for the development;

(4)        That the final decision on disposal be delegated to the Executive Member for Enterprise, the Arts and Transport in consultation with the Service Director: Commercial.

REASONS FOR DECISIONS:

(1)        To release surplus property to provide a financial receipt to help fund the capital programme;

(2)        To enable the development of new homes, including affordable homes for local applicants in North Hertfordshire;

(3)        To meet our Climate Change Strategy proposed actions for 2021-2026.