Agenda, decisions and minutes

Extraordinary, Overview and Scrutiny Committee - Tuesday, 5th December, 2023 7.30 pm, NEW

Venue: Council Chamber, District Council Offices, Gernon Road, Letchworth

Contact: Scrutiny Officer  Email: ScrutinyOfficer@north-herts.gov.uk

Media

Items
No. Item

252.

APOLOGIES FOR ABSENCE

Members are required to notify any substitutions by midday on the day of the meeting.

 

Late substitutions will not be accepted and Members attending as a substitute without having given the due notice will not be able to take part in the meeting.

Decision:

Apologies for absence were received from Councillors Clare Billing, Dominic Griffiths and Ian Moody.

Minutes:

Audio recording – 2 minutes

 

Apologies for absence were received from Councillors Clare Billing, Dominic Griffiths and Ian Moody.

253.

CHAIR'S ANNOUNCEMENTS

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)   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.

 

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

 

(4)   The Chair asked the Committee for proposed topics for the Crime and Disorder Matters meeting on 29 January 2024.

Minutes:

Audio recording – 2 minutes 18 seconds

 

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

 

(2)   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.

 

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

 

(4)   The Chair asked the Committee for proposed topics for the Crime and Disorder Matters meeting on 29 January 2024.

254.

PUBLIC PARTICIPATION

To receive petitions, comments and questions from the public.

Decision:

There was no public participation at this meeting.

Minutes:

Audio recording – 3 minutes 55 seconds

 

There was no Public Participation.

255.

DRAFT SUSTAINABILITY SPD pdf icon PDF 638 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:

RECOMMENDED TO CABINET:

 

(1)   That the draft Sustainability SPD, attached as Appendix A to the report, be endorsed and approved for a six-week public consultation from 4th January 2024 to 16th 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) are encouraged to voluntarily sign and commit to its pledges.

 

REASONS FOR RECOMMENDATIONS:

 

(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 6 seconds

 

The Executive Member for Planning and Transport presented the report ‘Draft Sustainability SPD and highlighted that:

 

·       If approved the draft would go out for public consultation in early January 2024 and the Hertfordshire Development Quality Charter would be endorsed.

·       The Cabinet Panel for Environment had contributed to the improvements of the Sustainability SPD.

·       The Local Plan was produced when the climate change aspirations of the Council were different. This draft would improve the climate and ecological stance of the Council especially as the built environment contributed to 25% of the CO2 emissions.

·       This draft seeks to promote higher building fabric standards to reduce the need for  retrofitting in the future. It also encourages climate-responsive design using passive design strategies, such as orientation, shading, ventilation, insulation and landscaping, to reduce the reliance on mechanical systems and enhance the adaptability of buildings to changing weather patterns.

·       The sustainability topics covered by the draft were highlighted in appendix A.

·       The purpose of this draft was to provide a robust guidance for developers and to drive up the sustainability of our built environment and feedback from developers suggested they were supportive of this approach.

·       There would be three levels of standards. bronze, silver and gold. The bronze level was the basic legal requirement. Applications meeting the silver and gold levels would be more favourably considered by the Planning department.

·       The draft would go through a public consultation and then recommendations would be made to Cabinet next year.

 

The following Members asked questions:

 

·       Councillor Adam Compton

·       Councillor Ralph Muncer

·       Councillor Daniel Wright-Mason

·       Councillor Matt Barnes

·       Councillor David Levett

 

In response to questions the Executive Member for Planning and Transport stated:

 

·       The three different standard levels would raise aspirations and ambitions and they had clear criteria.

·       There were three different SPDs and they related to different topics, this one covered the build, construction, embodied carbon, biodiversity and green infrastructure and was wider than the design code.

·       The draft Biodiversity SPD was expected in March 2024 and the draft Design Code SPD in late 2024, the timetable for these SPDs was shared at the Cabinet meeting in November.

·       There was some uncertainty around the future of SPDs following central government changes, however, in the meantime it was felt important to continue to update the Local Plan and strengthen policies.

 

In response to a question the Strategic Planning Manager stated that there was potential to revise the three standards and the options for implementation were highlighted at 8.7 of the report. It was also the intention that these standards would not be too onerous for small applications.

 

In response to a question the Strategic Planning Officer stated that the draft incorporated the best practices currently available from other Councils for renewable energy and biodiversity standards.

 

Councillor David Levett proposed and Councillor Adam Compton seconded and, following a vote, it was:

 

RECOMMENDED TO CABINET:

 

(1)   That the draft Sustainability SPD, attached as Appendix A to this report, be endorsed and approved for  ...  view the full minutes text for item 255.

256.

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:

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).

257.

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

REPORT OF THE SERVICE DIRECTOR – PLACE

Cabinet agreed the service design for the new waste, recycling and street cleansing contract on 25 October 2022, along with new aims and principles of the Shared Service, based around delivering services which are both financially and environmentally sustainable.

Officers are currently undergoing a competitive dialogue procurement and are seeking a decision from Cabinet on further service design options that will be taken forward with the intention of supporting the long-term financial sustainability of the service and the Council.

Decision:

RESOLVED: That the Committee returned to Part 1 to consider the report and to make a final determination on the recommendations as the recommendations for Part 1 and Part 2 were identical.

Minutes:

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

 

RESOLVED: That the Committee returned to Part 1 to consider the report and to make a final determination on the recommendations as the recommendations for Part 1 and Part 2 were identical.

258.

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

REPORT OF THE SERVICE DIRECTOR – PLACE

 

Cabinet agreed the service design for the new waste, recycling and street cleansing contract on 25 October 2022, along with new aims and principles of the Shared Service, based around delivering services which are both financially and environmentally sustainable.

Officers are currently undergoing a competitive dialogue procurement and are seeking a decision from Cabinet on further service design options that will be taken forward with the intention of supporting the long-term financial sustainability of the service and the Council.

Additional documents:

Decision:

RECOMMENDED TO CABINET: That the Overview and Scrutiny Committee noted the recommendations in the report to Cabinet and requested that Cabinet takes into account the comments and questions made by the Overview and Scrutiny Committee in Part 1 and Part 2 when making their final decision.

 

REASON FOR RECOMMENDATION: To ensure Cabinet reviews and considers the comments and questions made by the Overview and Scrutiny Committee when considering the final recommendations of the Waste, Recycling and Street Cleaning Contract Service Design.

Minutes:

Audio Recording 55 minutes 36 seconds.

 

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

 

·       This contract represents the largest service contract spend for the Council each year and would have a huge impact on residents.

·       The contract would have a significant impact on the finances of the Council and would influence the ability of the Council to achieve their carbon reduction and sustainability aims.

·       Hertfordshire County Council (HCC) bear the cost of residual waste disposal.

·       Officers had worked with Members and East Herts District Council (EHDC) to meet the contract sustainability objectives, prior to taking this contract out to tender.

·       There would be a change of affordability for the Council, but this report contained recommendations to limit the increase in the anticipated contract costs.

·       The proposed changes gave residents more capacity to recycle and were the most financially sustainable solutions for the Council.

·       There was a tight procurement timeline and any delays may result in greater cost implications.

 

The following Members asked questions:

 

·       Councillor Nigel Mason

·       Councillor Ralph Muncer

·       Councillor David Levett

·       Councillor Matt Barnes

·       Councillor Adam Compton

·       Councillor Daniel Wright-Mason

 

In response to questions the Shared Service Manager, Waste Management stated:

 

·       The additional capital bin cost related to the change to the 3,3,3 bin collection model and not for the 2 weekly collection schedule, should this be required to take place.

·       The pricing of the additional, new bins was competitive due the volume that would be ordered, however the Council did not have any storage available to have vast surplus stocks of bins.

·       Replacing an individual bin would cost more per unit than the large scale procurement of the extra bins. Previously when bin replacements were included as a general provision in the waste contract, compared with paying on a unit basis, it cost more than it does now.

·       The feedback from the public consultation showed that residents wanted to improve recycling and their ability to recycle as highlighted in 8.33 of the report.

·       North Herts residents recycled about 57% of their rubbish, but the aim was to reach St Albans and Three Rivers who were the top recycling performers in the Country.

·       There was a soft plastics recycling trial occurring in Knebworth, to learn about how residents would use the service. This would be district wide in 2025 and soft plastics would be collected in the containers bin.

·       Any mismatch of coloured bins may confuse the collection staff, and the majority of unused brown bins had been collected or would need significant cleaning to be viable to be used for other collection purposes, which was unlikely to have any significant cost savings.

·       The previous change of bin colour from grey to purple had been supported by a high level of communication.

·       There would be full colour alignment throughout East and North Herts District Councils.

·       Occupiers of terrace houses would have an opt in choice due to their volume and storage needs, they  ...  view the full minutes text for item 258.

259.

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:

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).

260.

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 this item are restricted due to the disclosure of exempt information as defined in Paragraph 3 of 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.

 

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

 

261.

LEISURE MANAGEMENT CONTRACT AWARD - PART 1 pdf icon PDF 344 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:

RECOMMENDED TO CABINET: That Cabinet agree to award the Leisure and Active Communities Contract to the successful bidder highlighted in the Part 2 report. Subject to Standstill period.

 

REASON FOR RECOMMENDATION: Our 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 2 hours and 9 seconds

 

The Executive Member for Environment, Leisure and Green Spaces presented the report entitled ‘Leisure Management Contract Award Part 1’ and highlighted that:

 

·       The current Leisure Management contract would expire at the end of March 2024.

·       A multistage procurement process had taken place, initially with five bidders, with two bidders submitting final bids.

·       Both bids were fully explored and scored satisfactorily, however there was a clear bid winner who would provide the best price, quality and social value.

 

The following Members asked questions:

 

·       Councillor David Levett

·       Councillor Ralph Muncer

·       Councillor Matt Barnes

 

In response to questions the Service Director – Place stated:

 

·       That a press release was expected around the 2 January 2024 informing the public of the new contractor.

·       Direct debits would transfer over to the new provider and memberships would continue, with more details released post contract.

·       The service quality was assessed and evaluated against weighted method statements, detailed at 8.10 of the report. These highlighted that sustainability was at the core of their businesses.

·       There was a very specific method statement concerning Letchworth outdoor pool and ideas to promote this site.

·       There were KPIs in the contract relating to Customer Service levels which would be monitored, the successful bidder would provide a performance monitoring report.

·       As part of the bid submission the applicants provided case studies showing examples of service quality and innovation on other contracts.

·       No mystery shoppers were used but a specialist consultant was utilised throughout the procurement process.

·       The capital for the Royston fitness extension had been allocated and had an expected start date of April 2024 with completion in October 2025

 

In response to a question the Executive Member for Environment, Leisure and Green Spaces stated that mystery shoppers would only be able to give a snapshot of a bidder, therefore an in-depth assessment was sought from a consultant.

 

In response to a question the Service Director – Resources stated that there was a provision in the contract regarding the risk of fuel prices increasing with the burden on the Council, but any risk on the volume of fuel consumed fell to the contractor.

 

Councillor Adam Compton proposed and Councillor Ralph Muncer seconded, and following a vote, it was:

 

RECOMMENDED TO CABINET: That Cabinet agree to award the Leisure and Active Communities Contract to the successful bidder highlighted in the Part 2 report. Subject to Standstill period.

 

REASONS FOR RECOMMENDATION: Our 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.