Agenda, decisions and minutes

Extraordinary, Cabinet - Tuesday, 12th December, 2023 7.30 pm, NEW

Venue: Council Chamber, District Council Offices, Gernon Road, Letchworth, SG6 3JF

Contact: Email: Committee.Services@north-herts.gov.uk  01462 474655

Media

Items
No. Item

232.

APOLOGIES FOR ABSENCE

Decision:

There were no apologies for absence received.

Minutes:

Audio recording – 2 minutes 7 seconds

 

There were no apologies for absence received.

233.

CHAIR'S ANNOUNCEMENTS

Climate Emergency

Members are reminded that this Council has declared a Climate Emergency. This is a serious decision and means that, as this is an emergency, all of us, officers and Members have that in mind as we carry out our various roles and tasks for the benefit of our District.

 

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.

 

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.

Decision:

(1)        The Chair advised that, in accordance with Council policy the meeting would be audio recorded.

 

(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, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our 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 listed.

 

(4)        The Chair advised for the purposes of clarification that 4.8.23(a) of the Constitution did not apply to this meeting.

Minutes:

Audio recording – 2 minutes 22 seconds

 

(1)        The Chair advised that, in accordance with Council Policy, the meeting would be audio recorded.

 

(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, all of us, officers and Members had that in mind as we carried out our various roles and tasks for the benefit of our 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 listed.

 

(4)        The Chair advised for the purpose of clarification that 4.8.23(a) of the Constitution did not apply to this meeting.

234.

PUBLIC PARTICIPATION

To receive petitions, comments and questions from the public.

Decision:

There was no public participation.

Minutes:

Audio recording – 3 minutes 32 seconds

 

There was no public participation at the meeting.

235.

ITEMS REFERRED FROM OTHER COMMITTEES pdf icon PDF 136 KB

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

Additional documents:

Decision:

The Chair advised that the items referred from the Overview and Scrutiny Committee would be taken with the respective items on the agenda.

Minutes:

Audio recording – 3 minutes 53 seconds

 

The Chair advised that the items referred from the Overview and Scrutiny Committee would be taken with the respective items on the agenda.

236.

DRAFT SUSTAINABILITY SPD pdf icon PDF 636 KB

REPORT OF THE SERVICE DIRECTOR – REGULATORY

 

To provide additional detail and clarity to Local Plan Policy SP1 (Sustainable Development in North Hertfordshire) and other relevant policies in the Plan.

Additional documents:

Decision:

RESOLVED:

 

(1)   That Cabinet endorsed and approved the draft Sustainability SPD, attached as Appendix A to the report, for a six-week public consultation from 4 January 2024 to 16 February 2024.

 

(2)   That the Hertfordshire Development Quality Charter attached as Appendix C was endorsed and that developers of strategic and significant sites in the District (as defined by the Local Plan) were encouraged to voluntarily sign and commit to its pledges.

 

REASONS FOR DECISIONS:

 

(1)   To allow the draft Sustainability SPD to be progressed to public consultation so that it may be developed and eventually adopted to support the adopted Local Plan.

 

(2)   To support a common standard for design quality and sustainability across Hertfordshire.

 

(3)   To reinforce and deliver the Council’s pledges and ambitions as set out in the Climate Emergency and Ecological Emergency declarations.

Minutes:

Audio recording – 4 minutes 42 seconds

 

Councillor Ruth Brown, Executive Member for Planning and Transport, presented the report entitled ‘Draft Sustainability SPD’ and advised that:

 

·       She wanted to thank the Cabinet Panel on the Environment for their input to this report which had been very helpful.

·       This report reflected the current sustainability aspirations of the Council.

·       It was important to raise aspirations regarding sustainability as things have changed since the Local Plan was written. 

·       This was part of the actions taken by the Council to address the climate emergency which would provide robust guidance for developers and drive-up standards.

·       The report proposed three standards of sustainability, bronze, silver and gold.

·       Bronze level was the legal requirement and the levels of silver and gold could be achieved if higher standards were met.

·       There was an incentive for applications to achieve the higher standards of silver and gold as they would be given positive consideration when officers were looking at the planning balance. 

·       Public consultation had enabled people to comment on what they felt was the best approach and to make recommendations of how it should be applied.

 

In response to a question from Councillor Alistair Willoughby, Councillor Ruth Brown advised that the clear objective criteria needed to achieve gold, silver and bronze standards was set out in Appendix A.

 

Councillor Ruth Brown proposed and Councillor Keith Hoskins seconded and, following a vote, it was:

 

RESOLVED:

 

(1)   That Cabinet endorsed and approved the draft Sustainability SPD, attached as Appendix A to the report, for a six-week public consultation from 4 January 2024 to 16 February 2024.

 

(2)   That the Hertfordshire Development Quality Charter attached as Appendix C was endorsed and that developers of strategic and significant sites in the District (as defined by the Local Plan) were encouraged to voluntarily sign and commit to its pledges.

 

REASONS FOR DECISIONS:

 

(1)   To allow the draft Sustainability SPD to be progressed to public consultation so that it may be developed and eventually adopted to support the adopted Local Plan.

 

(2)   To support a common standard for design quality and sustainability across Hertfordshire.

 

(3)   To reinforce and deliver the Council’s pledges and ambitions as set out in the Climate Emergency and Ecological Emergency declarations.

237.

EXCLUSION OF PRESS AND PUBLIC

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).

Decision:

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

Minutes:

Audio recording – 12 minutes 12 seconds

 

Councillor Elizabeth Dennis proposed and Councillor Alistair Willoughby seconded and, following a vote, it was:

 

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

238.

WASTE, RECYCLING AND STREET CLEANSING CONTRACT SERVICE DESIGN - PART 2

REPORT OF THE SERVICE DIRECTOR – PLACE

 

To inform Cabinet that officers are currently undergoing a competitive dialogue procurement and are seeking a decision from Cabinet on further service design options that can be considered in order to achieve the long[1]term financial sustainability of the service and the Council.

Additional documents:

Decision:

RESOLVED:

 

(1)   That Cabinet agreed the service changes described in 8.2 c) of the report relating to the three-weekly collection of separated paper and cardboard predominantly in bins and the three weekly collection of the remaining dry mixed recycling (A 3,3,3 cycle as described in Appendix 3) be implemented as part of the new waste recycling and street cleansing contract which commences in 2025, the implementation date shall be delegated to the Service Director: Place in consultation with Project Board (in any event to be within four months of contract commencement).

 

(2)   That Cabinet agreed that in the event that the Council is required to make a decision to provide fortnightly collection of residual waste that the dry recycling service shall be fully commingled.

 

(3)   That Cabinet agreed the service changes described in 8.2 d) of the report relating to the removal of the requirement for a continuous street cleansing presence in town centres and moving the back to standard time to 9am be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(4)   That Cabinet agreed the service changes described in 8.2 e) relating to a removal of approximately 30% of litter bins from predominantly outside the town centres be implemented during the mobilisation of new waste recycling and street cleansing contract for 2025.

 

(5)   That Cabinet agreed the service changes described in 8.2 f) relating to a change to an input specification for high-speed road cleansing to once per year be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(6)   That Cabinet agreed the service changes described in 8.2 g) relating to the removal of dedicated seasonal leaf fall management be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(7)   That Cabinet agreed the service changes described in 8.2 h) relating to an extension of the bin delivery/repair Service Level Agreement (SLA) from 5 days to 9 days being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(8)   That Cabinet agreed the service changes described in 8.2 i) relating to an extension of the missed bin rectification SLA from 5pm the next working day to 72 hours except for missed whole streets which will remain 5pm the next working day, being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(9)   That Cabinet agreed the service changes described in 8.2 j) relating to a change in street cleansing SLAs being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(10)         That Cabinet agreed the service changes described in 8.2 k) relating to reducing the number of items collected as part of bulky waste services from six to three being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(11)         That Cabinet noted that the Capital expenditure identified in 10.3 of this report will need to be added to the  ...  view the full decision text for item 238.

Minutes:

N.B. This item was considered in restricted session and therefore no recordings were available.

 

The Executive Member for Recycling and Waste presented the report entitled ‘Waste, Recycling and Street Cleansing Contract Design – Part 2’.

 

Councillor Amy Allen proposed and Councillor Ian Albert seconded and, following a vote, it was:

 

RESOLVED:

 

(1)   That Cabinet agreed the service changes described in 8.2 c) of the report relating to the three-weekly collection of separated paper and cardboard predominantly in bins and the three weekly collection of the remaining dry mixed recycling (A 3,3,3 cycle as described in Appendix 3) be implemented as part of the new waste recycling and street cleansing contract which commences in 2025, the implementation date shall be delegated to the Service Director: Place in consultation with Project Board (in any event to be within four months of contract commencement).

 

(2)   That Cabinet agreed that in the event that the Council is required to make a decision to provide fortnightly collection of residual waste that the dry recycling service shall be fully commingled.

 

(3)   That Cabinet agreed the service changes described in 8.2 d) of the report relating to the removal of the requirement for a continuous street cleansing presence in town centres and moving the back to standard time to 9am be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(4)   That Cabinet agreed the service changes described in 8.2 e) relating to a removal of approximately 30% of litter bins from predominantly outside the town centres be implemented during the mobilisation of new waste recycling and street cleansing contract for 2025.

 

(5)   That Cabinet agreed the service changes described in 8.2 f) relating to a change to an input specification for high-speed road cleansing to once per year be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(6)   That Cabinet agreed the service changes described in 8.2 g) relating to the removal of dedicated seasonal leaf fall management be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(7)   That Cabinet agreed the service changes described in 8.2 h) relating to an extension of the bin delivery/repair Service Level Agreement (SLA) from 5 days to 9 days being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(8)   That Cabinet agreed the service changes described in 8.2 i) relating to an extension of the missed bin rectification SLA from 5pm the next working day to 72 hours except for missed whole streets which will remain 5pm the next working day, being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(9)   That Cabinet agreed the service changes described in 8.2 j) relating to a change in street cleansing SLAs being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(10)That Cabinet agreed the service changes described in 8.2 k) relating to reducing the  ...  view the full minutes text for item 238.

239.

WASTE, RECYCLING AND STREET CLEANSING CONTRACT SERVICE DESIGN - PART 1 pdf icon PDF 365 KB

REPORT OF THE SERVICE DIRECTOR – PLACE

 

To inform Cabinet that officers are currently undergoing a competitive dialogue procurement and are seeking a decision from Cabinet on further service design options that can be considered in order to achieve the long[1]term financial sustainability of the service and the Council.

Additional documents:

Decision:

RESOLVED:

 

(1)   That Cabinet agreed the service changes described in 8.2 c) of the report relating to the three-weekly collection of separated paper and cardboard predominantly in bins and the three weekly collection of the remaining dry mixed recycling (A 3,3,3 cycle as described in Appendix 3) be implemented as part of the new waste recycling and street cleansing contract which commences in 2025, the implementation date shall be delegated to the Service Director: Place in consultation with Project Board (in any event to be within four months of contract commencement).

 

(2)   That Cabinet agreed that in the event that the Council is required to make a decision to provide fortnightly collection of residual waste that the dry recycling service shall be fully commingled.

 

(3)   That Cabinet agreed the service changes described in 8.2 d) of the report relating to the removal of the requirement for a continuous street cleansing presence in town centres and moving the back to standard time to 9am be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(4)   That Cabinet agreed the service changes described in 8.2 e) relating to a removal of approximately 30% of litter bins from predominantly outside the town centres be implemented during the mobilisation of new waste recycling and street cleansing contract for 2025.

 

(5)   That Cabinet agreed the service changes described in 8.2 f) relating to a change to an input specification for high-speed road cleansing to once per year be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(6)   That Cabinet agreed the service changes described in 8.2 g) relating to the removal of dedicated seasonal leaf fall management be implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(7)   That Cabinet agreed the service changes described in 8.2 h) relating to an extension of the bin delivery/repair Service Level Agreement (SLA) from 5 days to 9 days being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(8)   That Cabinet agreed the service changes described in 8.2 i) relating to an extension of the missed bin rectification SLA from 5pm the next working day to 72 hours except for missed whole streets which will remain 5pm the next working day, being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(9)   That Cabinet agreed the service changes described in 8.2 j) relating to a change in street cleansing SLAs being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(10)         That Cabinet agreed the service changes described in 8.2 k) relating to reducing the number of items collected as part of bulky waste services from six to three being implemented as part of the new waste recycling and street cleansing contract in 2025.

 

(11)         That Cabinet noted that the Capital expenditure identified in 10.3 of this report will need to be added to the  ...  view the full decision text for item 239.

Minutes:

Audio recording – 22 minutes 40 seconds

 

The Executive Member for Recycling and Waste presented the report entitled ‘Waste, Recycling and Street Cleansing Contract Service Design’ and advised that:

 

·       This was the largest spend on service contracts each year for the Council and it was a very high-profile service.

·       This service had a significant impact on finances and it also influenced the ability to reach carbon reduction.

·       The decision reached would also affect our partner East Herts Council and Hertfordshire County Council.

·       During the summer of 2022 officers had worked with Members and partners to design a service to meet financial and environmental sustainability objectives.

·       Officers had taken this to the market through a procurement process and were currently in dialogue with the bidders.

·       The aim was to reduce the burden of significant cost increases that the Council would face if changes were not made at this stage of the procurement.

·       The proposed changes to waste collection gave residents more opportunities to recycle by providing more recycling capacity.

·       The financial implications were discussed in Part 2 of the report.

·       The procurement timeline was tight and Members were asked to be mindful of the significant negative impact that would result by delays in procurement.

 

The following Members asked questions:

 

·       Councillor Alistair Willoughby

·       Councillor Elizabeth Dennis

·       Councillor Ruth Brown

 

In response to questions, the Service Manager – Waste advised that:

 

·       There would be a window of opportunity to change the contract once signed in relation to anticipated changes, such as decisions arising from the outcome of the government consultation to waste collection guidance.

·       The specification of three weekly residual waste collections presented financial and environmental benefits.

·       Extended Producer Responsibility targeted to be introduced from October 2024. However, the charging system to businesses was unknown and Councils would need to be able to demonstrate that they were effective and efficient in their operations. The definition of effective and efficient was also unknown.

·       The government wanted to implement the introduction of the deposit return scheme in 2025.

·       The Council was still waiting for clarity regarding the new burdens funding.

·       For extended producer responsibility the government expects it to generate new funding for Councils to improve collection of packaging waste. Our new service design includes the collection of soft plastics from 2025 alongside the new three weekly collection service.

·       The bidders generally operate zonal systems for waste collections which means that they would still collect missed bins swiftly. But  allowing a longer target allows the bidders to reduce their risk pricing against the performance management regime.

·       The proposals would help manage costs with no significant impact to residents on service levels.

·       The SLA on bin deliveries ensured that residents would always have a bin for their next collection.

 

During the debate, Councillor Ian Albert advised that the Council needed to make sure it provided a quality and affordable service that worked well for its residents.

 

Councillor Elizabeth Dennis advised that the Council had a statutory duty to provide waste collection for its residents despite local  ...  view the full minutes text for item 239.

240.

EXCLUSION OF PRESS AND PUBLIC

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).

Decision:

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

Minutes:

Audio recording – 50 minutes 8 seconds

 

Councillor Elizabeth Dennis proposed and Councillor Ruth Brown seconded and, following a vote, it was:

 

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act (as amended).

241.

LEISURE MANAGEMENT CONTRACT AWARD - PART 2

REPORT OF THE SERVICE DIRECTOR – PLACE

 

This report seeks approval to award the Leisure and Active Communities Contract, due to commence on 1 April 2024.

Decision:

Details of decisions taken on the item are restricted due to the disclosure of exempt information as defined in Paragraph 3 or Part 1 of Schedule 12A of Section 100A(4) of the Local Government Act 1972.

Minutes:

N.B. This item was considered in restricted session and therefore no recordings were available.

 

The Executive Member for Environment and Leisure presented the report entitled ‘Leisure Management Contract Award – Part 2’.

 

Councillor Steve Jarvis proposed and Councillor Ian Albert seconded and, following a vote, it was:

 

RESOLVED: That Cabinet agreed to award the Leisure and Active Communities Contract to the successful bidder highlighted in the Part 2 report. Subject to Standstill period.

 

REASON FOR DECISION: The leisure management contracts expire on 31 March 2024. The recommendation ensures the procurement can be undertaken and completed within the project timescales, enabling the successful ongoing provision of leisure services in North Herts.

242.

LEISURE MANAGEMENT CONTRACT AWARD - PART 1 pdf icon PDF 343 KB

REPORT OF THE SERVICE DIRECTOR – PLACE

 

This report seeks approval to award the Leisure and Active Communities Contract, due to commence on 1 April 2024.

Decision:

RESOLVED: That Cabinet agreed to award the Leisure and Active Communities Contract to the successful bidder highlighted in the Part 2 report. Subject to Standstill period.

 

REASON FOR DECISION: The leisure management contracts expire on 31 March 2024. The recommendation ensures the procurement can be undertaken and completed within the project timescales, enabling the successful ongoing provision of leisure services in North Herts.

Minutes:

Audio recording – 1 hour 4 minutes 25 seconds

 

The Executive Member for Environment and Leisure presented the report entitled, ‘Leisure Management Contract Award’ and advised:

 

·       The leisure management contract expired on 31 March 2024 and a process of procuring a new operator had been undertaken.

·       The procurement process for a new contract had begun with five leisure operators, which had been reduced to two bidders where quality, price and social value had been evaluated.

·       Officers and consultants had provided advice and insights into custom and  practice and ensuring correct responses were received from the bidders.

·       A preferred bidder had been identified in Part 2 of the report.

·       The identity of the new bidder could not be announced until the end of the Standstill period.

·       He wanted to thank Stevenage Leisure, the current leisure provider for North Herts, for the very good service they had always given the Council over a significant period of time.

 

In response to a question from Councillor Ruth Brown, the Service Director – Place advised:

 

·       There was capital funding allocated for the Royston gym extension.

·       Both bidders had provided additional capital investment in their submissions which would be put into facilities and that this would become clear after the Standstill period.

·       Both bidders had provided comprehensive responses on how they would deliver programmes which would assist with different types of fitness and how they would target different age groups.

·       The priority for both bidders was not just the leisure centres they would run, but also the outreach facilities they would deliver.

 

Councillor Steve Jarvis proposed, and Ian Albert seconded, and following a vote, it was:

 

RESOLVED: That Cabinet agreed to award the Leisure and Active Communities Contract to the successful bidder highlighted in the Part 2 report. Subject to Standstill period.

 

REASON FOR DECISION: The leisure management contracts expire on 31 March 2024. The recommendation ensures the procurement can be undertaken and completed within the project timescales, enabling the successful ongoing provision of leisure services in North Herts.