Agenda and decisions

Apologies for absence were received from Councillor Tamsin Thomas.  

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.

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.

Ecological Emergency

The Council has declared an ecological emergency and is committed to addressing the ecological emergency and nature recovery by identifying appropriate areas for habitat restoration and biodiversity net gain whilst ensuring that development limits impact on existing habitats in its process.

The Council has set out to do that by a) setting measurable targets and standards for biodiversity increase, in both species and quantities, seeking to increase community engagement, b) to work with our partners to establish a Local Nature Partnership for Hertfordshire and to develop Nature Recovery Networks and Nature Recovery Strategy for Hertfordshire and c) to investigate new approaches to nature recovery such as habitat banking that deliver biodiversity objectives and provide new investment opportunities.

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, the meeting would be recorded.

(2)   The Chair reminded Members that the Council had declared both a Climate Emergency and an Ecological Emergency. These are serious decisions, and mean 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 in question.

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

(5)   The Chair advised that there was a change in the order of the published Agenda and Agenda Item 7 would take place following Agenda Item 12, followed by Agenda Items 13, 14 and 15.

To receive petitions, comments and questions from the public.

There was no public participation at the meeting.

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

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

REPORT OF THE MANAGING DIRECTOR

The purpose of this report is to seek approval of the Council’s Productivity Plan, drafted in response to the Productivity in Local Government request, from the Department for Levelling Up, Housing and Communities (DLUHC). The Plan requires Member approval and must be submitted to DLUHC and published on the Council’s website by 19 July 2024.

RESOLVED: That Cabinet approved the Productivity Plan attached at Appendix B for submission to MHCLG.

REASON FOR DECISION: The recommendations are to ensure that the Council complies with the requirements set out by MHCLG to produce a Productivity Plan.

REPORT OF THE SERVICE DIRECTOR – LEGAL & COMMUNITY

This Report covers the review of the Council’s Corporate Statement of Enforcement Policy (the ‘Policy’). The Policy has proposed amendments to be approved, so that enforcement decisions and actions are up to date and consistent.

RESOLVED:That Cabinet:

(1)   Approved the amended Policy at Appendix A.

(2)   Delegated to the Service Director Legal & Community in consultation with the Leader, authority to make any amendments required to the Policy, following the finalised HMO audit.

REASON FOR DECISIONS: To bring the Council’s Corporate Enforcement Policy up to date.

REPORT OF THE SERVICE DIRECTOR – REGULATORY

This report identifies the latest position on key planning and transport issues affecting the District.

RESOLVED:That the report on strategic planning matters was noted.

REASON FOR DECISION: To keep Cabinet informed of recent developments on strategic planning matters.

REPORT OF THE SERVICE DIRECTOR – REGULATORY

This report asks Cabinet to positively recommend the approval of the Strategic Masterplan Framework for land to the north of Stevenage to Full Council.

RECOMMENDED TO COUNCIL: That the Strategic Masterplan Framework for North Stevenage, attached at Appendix A, is approved and adopted as a material planning consideration for relevant planning decisions relating to the site.

REASON FOR DECISION:  To facilitate the delivery of a strategic site within the Council’s adopted Local Plan. To accord with policy requirements of the Local Plan.

REPORT OF THE SERVICE DIRECTOR – REGULATORY

This report asks Cabinet to positively recommend the approval of the Strategic Masterplan Framework for land to the north of Letchworth Garden City to Full Council.

RECOMMENDED TO COUNCIL: That the Strategic Masterplan Framework for Land to the North of the Grange (LG1), attached at Appendix A, is approved and adopted as a material planning consideration for relevant planning decisions relating to the site.

REASON FOR DECISION: To facilitate the delivery of a strategic site within the Council’s adopted Local Plan. To accord with policy requirements of the Local Plan.

REPORT OF THE SERVICE DIRECTOR – HOUSING AND ENVIRONMENTAL HEALTH

The proposed new Tenancy Strategy (2024-2029) sets out the high-level objectives which housing providers operating in the district need to have regard to in formulating their own individual tenancy policies.

RESOLVED: That Cabinet approved the adoption of the Council’s Tenancy Strategy (2024-2029).

REASON FOR DECISION: It is now timely to update the current Tenancy Strategy to accompany the Council’s new Housing Strategy (2024-2029) and to incorporate the latest evidence on local housing needs.

REPORT OF THE SERVICE DIRECTOR – HOUSING AND ENVIRONMENTAL HEALTH

The proposed temporary accommodation placement policy sets out how and where accommodation will be secured and provisions to ensure that accommodation is suitable for households, in line with legislation and statutory guidance.

RESOLVED: That Cabinet approved the adoption of the proposed temporary accommodation placement policy.

REASONS FOR DECISION:

(1)   Adoption of a temporary accommodation placement policy, whilst not a statutory requirement, is sector good practice as it provides transparency and context to the Council’s approach to accommodating homeless households.

(2)   The Council is seeing increasing legal challenge of its homelessness decisions and case law suggests that authorities with temporary accommodation placement policies are more resilient to legal challenge, particularly with regard to out of area placements.

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) and Paragraph 5 of Part 1 of Schedule 12A of the said Act (as amended).

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 and 5 of Part 1 of Schedule 12A of the said Act (as amended).

REPORT OF THE SHARED SERVICE MANAGER – WASTE MANAGEMENT

Officers have completed a competitive dialogue procurement and are seeking a decision from Cabinet on the award of the contract to the preferred bidder.

Details of decisions taken on this item are restricted due to the disclosure of exempt information as defined in Paragraph 3 and 5 of Part 1 of Schedule 12A of Section 200A(4) of the Local Government Act 1972.

REPORT OF THE SHARED SERVICE MANAGER – WASTE MANAGEMENT

Officers have completed a competitive dialogue procurement and are seeking a decision from Cabinet on the award of the contract to the preferred bidder.

RESOLVED:That Cabinet:

(1)   Agreed to award the waste, recycling and street cleansing contract to the preferred bidder, as identified in Part 2 of this report contingent upon the imminent completion of the Letchworth depots lease assignment from the incumbent provider to the Council.

(2)   Agreed to the delegation of powers to the Director of Resources and the Director of Place in consultation with the Executive Members for Finance and IT and Recycling and Waste Management to determine whether the Council Capital funds vehicles.

(3)   Agreed to approve the formation of a joint mobilisation project board to include the Executive Members responsible for digital transformation as well as the Executive Member covering waste, recycling and street cleansing services for both EHC and North Herts to monitor the progress of the mobilisation of the waste, recycling and street cleansing contract.

(4)   Had due regard for the draft statutory guidance in Appendix 6 and taking into account the matters set out in this Part 2 report and any Part 2 clarifications, reconfirms the decision on the 3-weekly collection frequency of residual waste collections made by Cabinet as per 7.5 and outlined that the clear reasons for the decision were that:

·       Options for fortnightly collections were considered, but the proposed service design provided better opportunities for increasing recycling participation.

·       To redesign the provision of services at this late stage would be a significant waste of resources.

·       Households with ‘smelly waste’ would be allowed the opportunity for more frequent collections.

·       The service design offered financial savings and provided best value for money.

REASONS FOR DECISIONS:

(1)   An extensive procurement exercise has been undertaken for waste, recycling and street cleansing services.

(2)   The procurement including specification development has been supported by external consultants Eunomia and legal advisors from Sharpe Pritchard.

(3)   In respect of the decision relating to 3-weekly collection frequency of residual waste, Cabinet had considered the matters and legal advice provided in the Part 2 element of the meeting and had regard to that. Cabinet concluded that there were clear reasons to depart from the draft Statutory guidance that included the matters detailed in the Part 2 and then Part 1 reports. Paragraph 8.32 of the Part 1 report succinctly summarised those public matters that were relevant to the decision. Specifically, Cabinet determined that having declared a climate and an ecological emergency, there were environmental benefits of the proposed service and significant financial benefits to the Council that justified the departure.