Agenda and decisions

Apologies for absence were received from Councillors Raj Bhakar, Cathy Brownjohn, James Denselow, Daniel Marsh, Gerald Morris, Sean Nolan, Tamsin Thomas, Terry Tyler, Michael Weeks, Sean Prendergast, Faye Frost, Juan Cowell, David Barnard and Lisa Nash.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 25 January 2024 and 29 February 2024.

RESOLVED:That the Minutes of the Meetings of the Committee held on 25 January 2024 and 29 February 2024 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.

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 this year marked the 50^th Anniversary of North Hertfordshire District Council.

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

(3)   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.

(4)   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.

(5)   The Chair advised that the normal procedure rules in respect of debate and times to speak will apply.

(6)   The Chair advised that 4.8.23(a) of the Constitution did not apply to this meeting. A comfort break would be held at an appropriate time, should proceedings continue at length.

(7)   The Chair thanks attendees to his Civic Event and confirmed that £2,365 had been raised for his chosen charities. .

(8)   The Chair advised that there had been some changes to Polling Station locations at the upcoming election, with posters available for Members to display at suitable locations around their wards.

(9)   The Chair advised on the process for those Members not standing or unsuccessful with their re-election to return their IT equipment.  

(10)         The Chair thanked those Members not standing at the forthcoming election for their service to the Council.

(11)         The Chair reminded Members to submit the required elections expenses forms by 6 June 2024.

To receive petitions, comments and questions from the public.

There was no public participation.

To consider any questions submitted by Members of the Council, in accordance with Standing Order 4.8.11 (b).

There were no questions submitted in accordance with Standing Order 4.8.11.

To consider any motions, due notice of which have been given in accordance with Standing Order 4.8.12.

There were no motions submitted in accordance with Standing Order 4.8.12.

To consider any items referred from other Committees. Any items referred to this meeting will be published as a supplementary document.

The Chair advised that there was a referral from Cabinet and two referrals from the Standards Committee and these would all be considered as individual standalone items.

8A) Shared Prosperity Fund Process

RESOLVED: The Council approved up to £518,000 capital investment for the Solar for Business Programme, in addition to the £51,285 capital funding from the UK Shared Prosperity Fund.

REASONS FOR DECISION:

(1)   The Council will be provided with funding in April 2024 to allocate to schemes which were originally outlined in the Council’s UK Shared Prosperity Fund (UK SPF) Investment Plan that was submitted in July 2021. This plan was approved by Department for Levelling Up Housing and Communities (DLUHC) in January 2022.

(2)   The Funds regulations allow considerable flexibility in how the Council allocates funding and under which approved UK SPF Activities. Officers presented a report to the Leadership Team on 5th February 2024, which outlined how we are proposing to spend the remainder of the Fund in line with the UK SPF criteria set. The Leadership Team agreed with the proposal in principle, and therefore it has been bought to Cabinet for further consideration.

(3)   Once final approval has been obtained, the individual projects will be managed by the relevant North Herts Council (NHC) service areas. We are seeking approval to delegate approval of spend decisions, payments or grants made under the scheme to the relevant Executive Members and Service Directors, as identified under table 8.1 of this report.

8B) Standards Matter Report

RESOLVED: That all District Councillors undertake post, all-out election training on the Code of Conduct within 2 months of their election (or availability of the training) whichever is the later date.

REASON FOR DECISION: To ensure good governance within the Council.

8C) Members Planning Code of Good Conduct

RESOLVED: That Council adopted the new Code as the Appendix 1 to Section 8 of the Constitution replacement, as further amended under paragraph 4, second bullet point to include the word ‘private’.

REASON FOR DECISION: To ensure good governance within the Council.

REPORT OF THE SERVICE DIRECTOR – LEGAL AND COMMUNITY AND MONITORING OFFICER

This report covers proposed wording changes in respect of the appointment of the Executive Leader following the North Hertfordshire (Electoral Changes) Order 2023, and the elections in 2024. This is to correspond with the factual and legislative change post Local Government Boundary Review and The North Hertfordshire (Electoral Changes) Order 2023 and terminology, to improve certainty.

RESOLVED: That Full Council approved the proposed amendments to the Constitution as set out in section 8.4 of this report.

REASON FOR DECISION: To ensure certainty around wording to cover the post all-out elections and better reflect potential situations where an election of a Leader may arise.

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).

To take as read and approve as a true record the Part 2 minutes of the meeting of the Committee held on the 28 September 2023.

RESOLVED: That the Part 2 Minutes of the Meeting of the Committee held on 28 September 2023 be approved as a true record of the proceedings and be signed by the Chair.

REPORT OF THE PRINCIPAL ESTATES SURVEYOR AND THE ESTATE SURVEYOR

Report seeking approval of the sale of North Hertfordshire District Council’s (NHDC’s) freehold interest in land at The Snipe, Hitchin Road, Weston based on terms negotiated following Cabinet’s resolution on 15th December 2020 (minute number 14). The land is an allocated housing site in the adopted North Herts Local Plan. This paper sets out the commercially sensitive terms referred to in Part 1.

RESOLVED: That Full Council noted the contents of this report before coming to a decision in relation to Part 1.

REASON FOR DECISION: These recommendations are made as a result of extensive marketing by the Council’s appointed agents and take into consideration current Council policies on sustainability and carbon emissions, whilst achieving best consideration.

REPORT OF THE PRINCIPAL ESTATES SURVEYOR AND THE ESTATE SURVEYOR

Report seeking approval of the sale of North Hertfordshire District Council’s (NHDC’s) freehold interest in land at The Snipe, Hitchin Road, Weston based on terms negotiated following Cabinet’s resolution on 15th December 2020 (minute number 14). The land is an allocated housing site in the adopted North Herts Local Plan. The commercially
sensitive terms are set out in the Part 2 report.

RESOLVED:

(1)   Subject to 2.4, Full Council granted approval for the Council to enter into a binding contract with the purchaser, conditional upon the grant of planning permission for a residential development as described in Part 2 of this report.

(2)   That Full Council approved the sale to be entered into jointly with the neighbouring landowner and to share the proceeds on the basis of an apportionment equivalent to the percentage of ownership.

(3)   That Full Council approved that the costs of sale and allowable expenses be shared in proportion as stated in 2.2.

(4)   That any objections received in response to the public notice (up to 25 April 2024) be considered by Service Director – Enterprise in consultation with the Executive Members for Finance & IT and Enterprise & Arts and Service Director – Resources, with delegation to determine whether to proceed with the sale or not.  

REASON FOR DECISIONS: These recommendations are made as a result of extensive marketing by the Council’s appointed agents and take into consideration current Council policies on sustainability and carbon emissions, whilst achieving best consideration.