Agenda, decisions and draft minutes

Apologies for absence were received from Councillors Sadie Billing, Cathy Brownjohn, Rhona Cameron, Keith Hoskins, Emma Rowe, Tamsin Thomas and Claire Winchester.

Audio recording – 2 minutes 18 seconds

Apologies for absence were received from Councillors Sadie Billing, Cathy Brownjohn, Rhona Cameron, Keith Hoskins, Emma Rowe, Tasmin Thomas and Claire Winchester.

To take as read and approve as a true record the minutes of the meeting of the Committee held on the 11 July 2024.

RESOLVED:That the Minutes of the Meeting of the Committee held on 11 July 2024 be approved as a true record of the proceedings and be signed by the Chair.

Audio Recording – 2 minutes 53 seconds

N.B. Councillor Mick Debenham entered the Chamber at 19:32 and Councillor Sam Collins entered the Chamber at 19:33.

Councillor Clare Billing, as Chair, proposed and Councillor Daniel Allen seconded and, following a vote, it was:

RESOLVED:That the Minutes of the Meeting of the Committee held on 11 July 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.

Audio recording – 4 minutes 29 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.

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 that the normal procedure rules in respect of debate and times to speak will apply.

(5)   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.

(6)   The Chair advised Members of the ongoing Community Governance Review survey which was being conducted to look at parish arrangements. The survey was open until the 7 October 2024 and posters had been provided to Members to distribute in their wards.

(7)   The Chair invited Members to attend the Youth Democracy Day on Thursday 14 November and to email Committee Services with their availability and asked Members to promote the event to any school contacts.

(8)   The Chair advised Members that all residents were invited to take part in the Churchgate conversation to help shape the future vision of the Churchgate shopping area of Hitchin, via an online survey.

(9)   The Chair advised that the date for April Council had been confirmed as Tuesday 1 April 2025 and that Annual Council would take place on Thursday 22 May 2025.

(10)         The Chair informed Members that the Monitoring Officer had given dispensation to all Members to take part in any debate and votes in relation to the motions on ‘Two Child Limited to Benefits’ and Changes to the Winter Fuel Allowance’ on the basis that they declare any such interest before the item was introduced and debated.

Audio recording – 4 minutes 33 seconds

N.B. Councillor Dominic Griffiths entered the Chamber at 19:35 and left at 19:38.

(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 that the normal procedure rules in respect of debate and times to speak will apply.

(5)   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.

(6)   The Chair advised Members of the ongoing Community Governance Review survey which was being conducted to look at parish arrangements. The survey was open until the 7 October 2024 and posters had been provided to Members to distribute in their wards.

(7)   The Chair invited Members to attend the Youth Democracy Day on Thursday 14 November and to email Committee Services with their availability and asked Members to promote the event to any school contacts.

(8)   The Chair advised Members that all residents were invited to take part in the Churchgate conversation to help shape the future vision of the Churchgate shopping area of Hitchin, via an online survey.

(9)   The Chair advised that the date for April Council had been confirmed as Tuesday 1 April 2025 and that Annual Council would take place on Thursday 22 May 2025.

(10)         The Chair informed Members that the Monitoring Officer had given dispensation to all Members to take part in any debate and votes in relation to the motions on ‘Two Child Limited to Benefits’ and Changes to the Winter Fuel Allowance’ on the basis that they declare any such interest before the item was introduced and debated.

To receive petitions, comments and questions from the public.

There was no public participation.

Audio recording – 9 minutes 39 seconds

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 three questions submitted in accordance with Standing Order 4.8.11.

(A) Solar Farm Strategy

Councillor Ralph Muncer to Councillor Daniel Allen Interim Executive Member for Planning and Transport.

(B) Proposed reforms to the National Planning Policy Framework

Councillor Ralph Muncer to Councillor Daniel Allen, Leader of the Council.

(C) Environmental Crime Officers

Councillor David Barnard to Councillor Amy Allen, Executive Member for Recycling and Waste Management.

Audio recording – 9 minutes 41 seconds

N.B. Councillor Dominic Griffiths returned to the Chamber at 19:40.

In accordance with Standing Order 4.8.11, three questions had been submitted by the required deadline set out in the Constitution.

(A)Solar Farm Strategy

Councillor Ralph Muncer to Councillor Daniel Allen, Interim Executive Member for Planning and Transport:

‘To ask the Interim Executive Member for Planning and Transport whether the administration will bring forward a Solar Farms Strategy for North Hertfordshire in response to a number of recent Solar Farm applications across the District?’

Councillor Daniel Allen provided the following response:

‘Last week Cabinet approved the new Sustainability SPD to support the Local Plan. This includes additional guidance on matters we will take into account when considering applications for solar farms. This will also be considered through the Local Plan Review. If the proposals in the current consultation on the National Planning Policy Framework are brought forward, the Council will be expected to proactively identify sites for renewable and low carbon development when producing plans.’

Councillor Ralph Muncer asked a supplementary question, as follows:

‘Does Councillor Allen agree that local communities, including those in North Hertfordshire, should have a meaningful say when these applications are brought forward or does Councillor Allen agree with his colleague the Chancellor of the Exchequer in that ‘local communities should suck it up’?’

Councillor Daniel Allen responded:

‘I agree with our planning board, whenever they make a decision that affects our residents. They are the ones that are there to make these decisions and I will support them on the decisions that they make.’

(B)  Proposed reforms to the National Planning Policy Framework

Councillor Ralph Muncer to Councillor Daniel Allen, Leader of the Council:

‘To ask the Leader of the Council if he will set out Council’s response to the consultation on the Government’s proposed reforms to the National Planning Policy Framework and other changes to the planning system?’

Councillor Daniel Allen provided the following response:

‘Officers have drafted a technical response to the detailed questions in the consultation which will be finalised and submitted and reported in a future Strategic Planning Matters report to Cabinet. Any covering letter, political response or equivalent from the Council will be based upon the outcomes of the relevant motions that follow on from tonight's agenda.’

Councillor Ralph Muncer asked a supplementary question, as follows:

‘Can I invite the Leader of the Council to join me in stating that North Hertfordshire is not a suitable location for a government mandated new town?’

Councillor Daniel Allen responded:

‘No, because it would pre-empt any consultation or debate that we have as a Council, so no.’

(C)  Environmental Crime Officers

Councillor David Barnard to Councillor Amy Allen, Executive Member for Recycling and Waste:

‘To ask the Executive Member for Recycling and Waste how many Environmental Crime Officers are employed by Council to investigate offences such as Fly-tipping?’

Councillor Amy Allen provided the following response:

‘Two.’

Councillor David Barnard asked  ...  view the full minutes text for item 42.

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

There were five motions submitted in accordance with Standing Order 4.8.12.

A)    Provision of Affordable Housing and Infrastructure on Developments

RESOLVED:  That Council instructed the Leader of the Council writes to the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government setting out the Council’s views and calling for the government to adopt a strategy that will prioritise increasing delivery of housing with appropriate infrastructure and to prioritise giving more power to Councils to build housing, in particular social and affordable housing.

B)    Two Child Limit to Benefit Payments

RESOLVED: That Council:

(1)   Instructed the Leader of North Herts Council to write to the Chancellor of the Exchequer and the Prime Minister indicating North Herts Council's strong belief that the two-child limit to benefit payments should be scrapped – which would help 2120 children living in North Hertfordshire.

(2)   Further instructed the Council Leader to write to all MPs covering the district of North Hertfordshire, asking them to commit their public support to the campaign to end the cruel two-child limit to benefit payments and ensure the number of children a family has is considered when a hardship grant is given out by the Council.

C)    Proposed Expansion of London Luton Airport

RESOLVED:

(1)   That the new Leader of the Council writes again to the Secretary of State for Transport urging them not to grant a Development Consent Order, as well as stating that North Hertfordshire District Council continues to oppose any further expansion of London Luton Airport in the strongest possible terms, and remains of the opinion there are no conditions that can be applied to the application to make it acceptable.

(2)   Council further resolved that the new Leader of the Council writes to the Member of Parliament for Hitchin, the Member of Parliament for North East Hertfordshire and the Member of Parliament for Stevenage, urging them to call on the Secretary of State for Transport to reject the proposal allowing London Luton Airport to expand, as well as to use their role as an MP representing residents in North Hertfordshire to secure Parliamentary scrutiny of the proposed expansion.

D)    Government Planning Reforms and Housing Target

RESOLVED: That Council resolves:

(1)   That the Leader of the Council writes to the Secretary of State for Housing, Communities and Local Government calling on the Government to:

(1.1)       not increase the Housing Target for North Hertfordshire.

(1.2)       Restore the Urban Uplift, ensuring cities and urban areas take their fair share of housing development, particularly as many of these areas already have the infrastructure to support additional development.

(1.3)       Ensure infrastructure to support approved development is built prior to houses, thereby reducing the negative impact of development on existing communities, and ensuring local infrastructure is ready to provide for residents moving into new homes.

(1.4)       Adopt a brownfield first approach to development, and provide greater protection for green belt land in North Hertfordshire.

(1.5)       Not to amend paragraph 11(d) of the 2023 NPPF, which currently provides protection for  ...  view the full decision text for item 43.

Audio recording – 19 minutes 21 seconds

There were five motions submitted in accordance with Standing Order 4.8.12.

A)    Provision of Affordable Housing and Infrastructure on Developments

Councillor Steve Jarvis proposed the motion as follows:

‘This Council notes that, despite the existence of unimplemented planning permission to build more than a million homes across England, the current government, like its predecessor, believes that making it easier for developers to get planning permission is the way to increase the availability of affordable housing.

The Council believes that increasing numbers of permissions, rather than focusing on building the right housing in the locations which are already identified for development will boost developers profits rather than meet the needs for affordable housing.

It also notes that the government’s proposed changes to the NPPF would make it easier for developers in North Herts to obtain planning permission on speculative sites, particularly those in parts of the Green Belt, at a time when they should be delivering housing on the sites that are identified in the Local Plan.

It instructs the Leader of the Council to write to the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government setting out the council’s views and calling for the government to adopt a strategy that will prioritise increasing delivery of affordable housing with appropriate infrastructure, rather than increasing property developers’ profits.’

Councillor Ruth Brown seconded the motion.

The Chair advised that there had been an amendment to this motion which had been proposed by Councillor Daniel Wright-Mason and seconded by Councillor Dave Winstanley and had been published as a supplementary document.

Councillor Daniel Wright-Mason proposed the amendment as follows:

‘This Council notes that, despite the existence of unimplemented planning permission to build more than a million homes across England, the current government, like its predecessor, believes that making it easier for developers to get planning permission is a way to increase the availability of affordable housing.

The council believes that increasing numbers of permissions, rather than focusing on building the right housing in the locations which are already identified for development will boost developers profits, whilst not necessarily meeting the needs for affordable housing.

It also notes that the government’s proposed changes to the NPPF would make it easier for developers in North Herts to obtain planning permission on speculative sites, including those in parts of the Green Belt.

It instructs the Leader of the Council to write to the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government setting out the council’s views and calling for the government to adopt a strategy that will prioritise increasing delivery of housing with appropriate infrastructure and to prioritise giving more power to councils to build housing, in particular social and affordable housing.’

Councillor Dave Winstanley seconded the amendment.

During the debate on the amendment, Councillor Daniel Allen stated that whilst under joint administration the Council brought forward the 40% affordable housing scheme and that the Local Plan identified the right homes  ...  view the full minutes text for item 43.

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 the referrals from Cabinet and the Finance, Audit and Risk Committee would be taken with the respective item on the agenda.

Audio recording – 3 hours 5 minutes 41 seconds

N.B. Councillors Sam Collins and Sean Prendergast left the Chamber at 22:36 and did not return.

The Chair advised that the referrals from Cabinet and the Finance, Audit and Risk Committee would be taken with the respective items on the agenda.

REPORT OF THE LEGAL MANAGER AND DEPUTY MONITORING OFFICER

To obtain Council’s endorsement of an updated Member and Officer Indemnity Policy, and to bring this issue to the attention of the membership (and Officers) in terms of limit to any insurance or indemnity that is provided.

RESOLVED: That Council authorised the amendments to the adopted Officer/ Member Indemnity & Insurance Policy as set out in Appendix 1 of the report.

REASON FOR DECISION: The Council should have an up-to-date Policy in the event of legal action that arises when Officers and Members carry out official Council duties. The last update approved by Full Council was on the 24.09.2020.

Audio recording – 3 hours 6 minutes 37 seconds

The Deputy Monitoring Officer presented the report entitled ‘Member and Officer Indemnity’ and stated that:

·       The updates were required to reflect current needs and to ensure compliance with relevant legislation.

·       The policy offered protection to Officers and Members when they were acting in their official capacities.

·       There was clarification of the indemnities provided for Members and Officers when attending and representing external bodies.

·       The policy provided assurances to Members and Officers that they would not be personally liable when acting within the scope of their role.

Councillor Daniel Allen proposed and Councillor Val Bryant seconded and, following a vote, it was:

RESOLVED: That Council authorised the amendments to the adopted Officer/ Member Indemnity & Insurance Policy as set out in Appendix 1 of the report.

REASON FOR DECISION: The Council should have an up-to-date Policy in the event of legal action that arises when Officers and Members carry out official Council duties. The last update approved by Full Council was on the 24.09.2020.

REPORT OF THE POLICY AND COMMUNITIES MANAGER

This report proposes a new Council Plan and process for finalising the Plan.

RESOLVED: That Council:

(1)   Reviewed and approved the Council Plan with the four new Council Priorities as outlined below:

·       Thriving Communities

·       Accessible Services

·       Responsible Growth

·       Sustainability

(2)   Delegated authority to the Managing Director and Leader of the Council to approve any minor amendments to wording required as part of the design process.

REASON FOR DECISIONS: The Council Plan is a key element of the corporate business planning process, as a high-level strategic document it sets out the Council’s Priorities for the next four years. As an overarching policy framework document, it guides and influences the use of Council resources; providing a focus for activities, plans, and services that the Council provide. The introduction to the plan highlights the link between the Council Plan and the Medium[1]Term Financial Strategy and service delivery plans.

Audio recording – 3 hours 8 minutes 40 seconds

The Leader of the Council, Councillor Daniel Allen presented the referral from Cabinet and the report entitled ‘The Council Plan and Priorities 2024-2028’ and stated that:

·       The report highlighted the visions and starting priorities of key projects.

·       This report aligned with the Medium Term Financial Strategy (MTFS) and the Council Delivery Plan.

·       The Overview and Scrutiny Committee suggested a diagram to explain the relationship between the Plan and the MTFS, and this would be incorporated in the design process.

·       A workshop took place in June attended by members of the administration, the leadership team and key Officers to share key priorities and aspirations for the next 4 years. They reflected on previous achievements and evaluated the required resources for the key projects.

·       There would be a smaller working group formed to oversee the progression of the Plan.

·       A further workshop was held in July to narrow down the priorities and to select key project and initiatives.

·       The Plan had been drafted in August and reviewed by the working group and the leadership team.

·       The Plan was reviewed by the Overview and Scrutiny Committee and whilst no formal amendments were recommended, they suggested the addition of performances indicators and timeframes for initiatives. It was noted that these details would be available in the Council Delivery Plan and the MTFS.

·       The Overview and Scrutiny Committee suggested that more context was required regarding ‘Net Zero’ and that more information about supporting business and economic development should be provided. The Enterprise team have provided information regarding these requests.

·       Cabinet reflected on the suggestions from the Overview and Scrutiny Committee and felt that should the Plan be approved then any suggestions could be incorporated at the design stage.

·       Cabinet made no formal amendments to the recommendations.

·       Should Council approve this item, the Plan would then be formatted and designed with minor amendments being approved by the Managing Director and the Leader of the Council.

In response to a question from Councillor Matt Barnes, the Policy and Strategy Team Leader stated that a response to actions raised at the Overview and Scrutiny Committee had been sent to the Scrutiny Officer and those details would come out through the budget and service delivery process.

The following Members took part in debate:

·       Councillor Ruth Brown

·       Councillor Ralph Muncer

·       Councillor Matt Barns

·       Councillor Martin Prescott

·       Councillor Daniel Allen

Points raised in debate included:

·       It was just the headlines that had changed.

·       The Plan lacked any ambition, and some of the projects had already been progressed through the previous joint administration.

·       The plan did not discuss bin collection which was a priority.

·       It was disappointing that the reasonable recommendations made by the Overview and Scrutiny had not been incorporated.

·       The Plan did not set out the clear challenges that the Council faced.

·       The Council had difficult decisions to make due to the uncertainties of Local Government funding however, this was not detailed in the Plan.

·       The Plan did not reflect that  ...  view the full minutes text for item 46.

REPORT OF THE SERVICE DIRECTOR – RESOURCES

To consider the Medium Term Financial Strategy.

RESOLVED:

(1)   That Council agreed the adoption of the Medium-Term Financial Strategy for 2025-30, as attached at Appendix A.

(2)   That Council noted that the development and implementation of savings proposals were needed by April 2026 in order to start addressing the forecast shortfall in 2026/27 onwards.

(3)   That Council instructed the Executive Member for Finance and IT to prepare a range of feasible, quantified savings options including the increased use of shared services.

(4)   That engagement would take place with the Opposition Group Leaders and Finance leads on the process and specific options for any public budget consultation by June 2025.

REASON FOR DECISIONS: Adoption of a MTFS and communication of its contents will assist in the process of forward planning the use of Council resources and in budget setting for 2025/2026 to 2029/2030, culminating in the setting of the Council Tax precept for 2025/26 in February 2025. Alongside the Council Plan, this will support the Council in setting a budget that is affordable and aligned to Council priorities.

Audio recording – 3 hours 21 minutes 50 seconds

The Leader of the Council, Councillor Daniel Allen presented the referral from Cabinet and stated that:

·       The Medium Term Financial Strategy (MTFS) was a guide to help the business planning process and would be used when setting the budgets for 2025-26 and beyond.

·       Ideally the MTFS would be for a period longer than 5 years however, due to many funding uncertainties, this strategy was for the next 5 years. The strategy may be amended should further funding information be obtained.

·       The Council could only deliver those projects that were affordable as stated in the Council Plan.

Councillor Ian Albert, Executive Member for Finance and IT presented the report ‘Medium Term Financial Strategy 2025-30’ and stated that:

·       The report focussed on expenditure, income and funding, due to the funding uncertainties, the strategy was only for 5 years.

·       There was a pay award pending with no current agreement.

·       The budget for 2025-26 would be set in February 2025, and was likely to include the use of reserves.

·       The Council had higher than expected treasury returns and excess retained business rates, which would help balance some of the 2025-26 budget.

·       There would be a public consultation in Summer 2025 on spending priorities with the information being used to help form the budgets for 2026-27 and 2027-28.

·       The Council had an excellent record with its shared services.

·       There were uncertainties regarding future government funding.

·       The Local Government Association had been lobbying for additional funding and for spending reviews.

·       There was a need to make significant savings over the 5 years.

·       The majority of the budget was spent on delivering statutory services.

·       The strategy included how the budget was set and the pressures and options used when prioritising spending.

·       Councillor Paul Ward had proposed amendments to the recommendation which had been published as a supplement. Two of those - A and B had been accepted.

·       The third amendment recommendation C proposed by Councillor Ward highlighted the importance of cross party working to deliver the best outcomes for the residents.

·       Savings were not about cutting crucial services.

·       There were difficult financial decisions to be made and this policy was a step in the right direction.

·       Work would be required on an ongoing basis to balance budgets and generate income.

·       There would be a review of parking charges and the costs for collecting garden waste.

·       The Council Tax Reduction Scheme (CTRS) had been more successful than anticipated and had cost more than forecasted, in the long term this would need to be reviewed.

·       Working was ongoing to improve staff recruitment and retention.

·       The new waste collection contract had been awarded and thanks were given to Councillors Amy Allen and Tom Tyson and Officers, for their hard work.

Councillor Ian Albert accepted the additional recommendations A and B that Councillor Paul Ward had proposed as published as a supplementary document.

Councillor Ian Albert subsequently proposed an alternative to recommendation C to read ‘to engage with the Opposition Group  ...  view the full minutes text for item 47.

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

This report seeks approval to appoint an Independent Person (‘IP’), and two Reserve IPs for a period of up to 4 years (as per the recommendation below) 2 years and potential extension for a further 2 years), such appointments to take effect from 24 September 2024.

RESOLVED: That Council:

(1)   Appointed Nicholas Moss OBE as Independent Person, Patrick Hodson as Reserve Independent Person, and Stephen Tant as Reserve Independent Person.

(2)   Delegated to the Monitoring Officer in consultation with the Chair and Vice Chair of Standards Committee, the decision (if the current Independent Person decides within term to resign/ unable to act/ no longer qualifies), to appoint one of the existing Reserve Independent Persons as the Independent Person and/ or to undertake any further recruitment, as may be required.

REASON FOR DECISIONS: To ensure that the Council’s Standards processes can operate in accordance with legislative requirements if one or both IP and Reserve IPs are unable to advise on a matter. This should also allow for a degree of succession planning/ training whilst experienced persons are in place.

Audio recording – 3 hours 36 minutes 6 seconds

N.B. Councillor Vijaiya Poopalasingham left the Chamber at 23:06 and did not return. Councillor Jon Clayden left the Chamber and returned at 23:09.

N.B. Councillor Caroline McDonnell left the Chamber at 23:08 and returned at 23:10, Councillor Tom Tyson left the Chamber at 23:08 and returned at 23:11 and Councillor Steven Patmore left the Chamber at 23:08 and returned at 23:10.

Councillor Alistair Willoughby presented the report entitled ‘Appointment of Independent and Reserve Independent Persons’ and advised that:

·       The reasons for the Standards Committee having an Independent Persons and the duties undertaken by the Independent Person were highlighted in paragraph 8.2 of the report.

·       An Independent Person was appointed for a 4 year term.

·       There was a high level of interest in the role and 17 applications were received, this resulted in 8 people being shortlisted.

·       To be appointed as an Independent Person the applicants had been required to complete an application form, attend an interview and supply satisfactory refences.

·       The relevant work history for the applicants was detailed in paragraph 8.1 of the report.

·       Appreciation was given to the two outgoing Reserve Independent Persons, John Richardson and Peter Chapman.

In response to a question from Councillor Laura Williams, Councillor Willoughby stated that a wider diversity of applicants was desired and that 2 females were shortlisted for interview. However, one did not accept the interview invitation and one failed to attend the interview. There would be some work around attracting a more diverse pool of applicants prior to advertising the role again in the future.

Councillor Muncer stated that he looked forwarded to working with the appointees and marvelled at their experience.

Councillor Daneil Allen stated that Nicholas Moss was a fantastic choice as were the other appointments and reiterated the need for diversity.

Councillor Ruth Brown stated that she was confident of the selection process and thanked those who stepped down. The role of Independent Person was important as they supported Councillors when complaints were made.

On behalf of the Council, the Chair placed on record its sincere thanks and appreciation to John Richardson and Peter Chapman for their valuable service to the Standards Committee.

Councillor Alistair Willoughby proposed and Councillor Ralph Muncer seconded and, following a vote, it was:

RESOLVED: That Council:

(1)   Appointed Nicholas Moss OBE as Independent Person, Patrick Hodson as Reserve Independent Person, and Stephen Tant as Reserve Independent Person.

(2)   Delegated to the Monitoring Officer in consultation with the Chair and Vice Chair of Standards Committee, the decision (if the current Independent Person decides within term to resign/ unable to act/ no longer qualifies), to appoint one of the existing Reserve Independent Persons as the Independent Person and/ or to undertake any further recruitment, as may be required.

REASON FOR DECISIONS: To ensure that the Council’s Standards processes can operate in accordance with legislative requirements if one or both Independent Person and Reserve Independent Persons are unable to advise on a matter. This should  ...  view the full minutes text for item 48.

REPORT OF THE SERVICE DIRECTOR – RESOURCES

To receive an update on progress with delivering the capital and treasury strategy for 2024/25, as at the end of June 2024.

RESOLVED: That Council approved:

(1)            A capital budget of £0.080M to fund the purchase and installation of a new chiller at the museum, paragraph 8.4 refers.

(2)            A capital budget of £1.920M (£0.96M in 24/25 and £0.96M in 25/26) for round 3 of the Local Authority Housing Fund. This would be fully funded from Government grants and housing provider contributions, paragraph 8.5 refers.

(3)            Bringing forward £0.008M of the backup and business continuity hardware capital budget (from 2025/26 to 2024/25) and reducing the 2025/26 budget to £0.057M.

(4)            Bringing forward £0.672M of leisure funding to allow upgrades to the fitness facilities in Hitchin to take place in this financial year, instead of next financial year. This would be made up of the £0.300M budget for Member Change and Relaxation Area Refurbishment, and £0.372M of the 2025/26 allocation of the budget for providing capital funding to our leisure provider.

REASONS FOR DECISIONS:

(1)   Cabinet is required to approve adjustments to the capital programme and ensure the capital programme is fully funded.

(2)   To ensure the Council’s continued compliance with CIPFA’s code of practice on Treasury Management and the Local Government Act 2003 and that the Council manages its exposure to interest and capital risk.

Audio recording – 3 hour 44 minutes 53 seconds

N.B Councillor Paul Ward, having declared an interest due to his employment and left the Chamber at 23:15 and did not take place in the debate or vote.

The Leader of the Council, Councillor Daniel Allen presented the referral from Cabinet.

Councillor Ian Albert, Executive Member for Finance and IT presented the report ‘First Quarter Investment Strategy (Capital and Treasury) Review 2024/25’ and stated that:

·       Work was ongoing regarding a capital budget review prior to the budget setting process for 2025-26.

·       Appendix B of the report highlighted the much higher than anticipated treasury returns due to the current high interest rates and cash balances.

·       Additional capital was required for the replacement of the Museum chiller and this was detailed in paragraph 8.4 of the report, and was critical for the preservation of Museum artifacts.

·       Notification had been received regarding capital funding of £1.92M for round 3 of the Local Authority Housing Fund. The project would be fully funded and consisted of 10 properties and was detailed in paragraph 8.5 of the report.

·       A request was made to move £8K of the business hardware capital budget from 2025/26 into 2024/25 and this was detailed in paragraph 8.9 of the report and could lead to a saving of £4K.

·       The referral 8C from Cabinet highlighted the request to move forward the upgrade at Hitchin Gym from the 2025/26 budget to this current year 2024/25. This would enable the works to be completed earlier and cause less disruption to members.

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

RESOLVED: That Council approved:

(1)            A capital budget of £0.080M to fund the purchase and installation of a new chiller at the museum, paragraph 8.4 refers.

(2)            A capital budget of £1.920M (£0.96M in 24/25 and £0.96M in 25/26) for round 3 of the Local Authority Housing Fund. This would be fully funded from Government grants and housing provider contributions, paragraph 8.5 refers.

(3)            Bringing forward £0.008M of the backup and business continuity hardware capital budget (from 2025/26 to 2024/25) and reducing the 2025/26 budget to £0.057M.

(4)            Bringing forward £0.672M of leisure funding to allow upgrades to the fitness facilities in Hitchin to take place in this financial year, instead of next financial year. This would be made up of the £0.300M budget for Member Change and Relaxation Area Refurbishment, and £0.372M of the 2025/26 allocation of the budget for providing capital funding to our leisure provider.

REASONS FOR DECISIONS:

(1)   To ensure the Council’s continued compliance with CIPFA’s code of practice on Treasury Management and the Local Government Act 2003 and that the Council manages its exposure to interest and capital risk.

REPORT OF THE CONTROLS RISK & PERFORMANCE MANAGER

This report sets out the proposed changes to the Contract Procurement Rules for review.

RESOLVED: That Council:

(1)   Considered the proposed changes and adopted the new Contract Procurement Rules to take effect fromwhen the Procurement Act 2023 was implemented.

(2)   Delegated to the Service Director: Resources, in consultation with the Executive Member for Finance and IT, approval to make minor changes to the Contract Procurement Rules to support the full compliance with the Procurement Act 2023, with any such changes being communicated to all Members.

REASONS FOR DECISIONS:

(1)   The Contract Procurement Rules (CPRs) are part of the Council Constitution (under Section 20) and must be regularly reviewed and updated as part of the Council’s governance and procurement review processes. This contributes to the Council’s system of effective internal control.

(2)   The new CPRs reflect a significant update in line with the requirements of the Procurement Act 2023, incorporating detailed procedural guidance, and enhanced compliance and transparency measures. These changes aim to improve the efficiency, accountability, and effectiveness of the Council's procurement activities.

Audio recording – 3 hour 50 minutes 56 seconds

N.B Councillor Paul Ward returned to the Chamber at 23:21.

N.B. Councillor Ralph Muncer left the Chamber at 23:21 and returned at 23:23.

Councillor Sean Nolan presented the referral from the Finance, Audit and Risk Committee and stated that:

·       There had been a focus on the new thresholds and what was considered a major contract, assurances were given that current major contracts would still be under the old rules.

·       There would be no financial impact form the new rules, just some process changes.

·       There would be minor changes to the contract penalty clauses.

·       Any pipeline notices would need to be advertised a year in advance of any expected contracts.

Councillor Ian Albert, Executive Member for Finance and IT presented the report ‘Updated Contract Procurement Rules for 2024/25’ and stated that:

·       The Cabinet Office had confirmed a change to the go live date and it was now intended to be in February 2025.

·       There was a new National Procurement Policy Statement (NPPS) expected that was essential to the Procurement Act and would align with Government policies.

·       Council was being asked to adopt the Contract Procurement Rules (CPR) document which would then be ready for the go live date.

·       It was proposed that any minor changes to the Contract Procurement Rules would be approved by the Service Director – Resources and the Executive Member for Finance and IT, any major changes would come back to Council for approval.

·       Work was ongoing to review the Go Local Policy and this would establish clear links between that the Go Local Policy and the Social Value Policy.

The Service Director – Resources stated that:

·       The Recommendations had been changed to reflect the change in implementation date. Recommendation 2.1 was amended to read, to take effect from when the Procurement Act 2023 was implemented.

·       A new Recommendation 2.2 was added to allow for any delegated minor changes.

·       The Appendix detailed the changes to the Contract Procurement Rules.

·       The delay allowed further analysis of the changes and the impact on Officers.

·       The delay would enable work to commence on reviewing the Go Local Policy to ensure it aligned with any new Government policies, and that is was refreshed to interact with the Social Value Policy.

Councillor Ian Albert proposed and Councillor Sean Nolan seconded and, following a vote, it was:

RESOLVED: That Council:

(1)   Considered the proposed changes and adopted the new Contract Procurement Rules to take effect fromwhen the Procurement Act 2023 was implemented.

(2)   Delegated to the Service Director: Resources, in consultation with the Executive Member for Finance and IT, approval to make minor changes to the Contract Procurement Rules to support the full compliance with the Procurement Act 2023, with any such changes being communicated to all Members.

REASONS FOR DECISIONS:

(1)   The Contract Procurement Rules (CPRs) are part of the Council Constitution (under Section 20) and must be regularly reviewed and updated as part of the Council’s governance and procurement review processes. This  ...  view the full minutes text for item 50.

REPORT OF SERVICE DIRECTOR: LEGAL & COMMUNITY & MONITORING OFFICER

To confirm the amendments made following the Managing Director’s Delegated Decision of 25 July 2024, to implement a temporary restructure, in respect of the Licensing and Community Safety teams from the Legal & Community Directorate to the Housing and Environmental Health Directorate.

12. Decisions under Delegated Authority - Temporary LT structure.docx (north-herts.gov.uk)

RESOLVED: That Council accepted the amendments made, detailed in section 8.1 of the report.

REASON FOR DECISION: There are current and ongoing capacity and resourcing issues with the Legal and Community directorate, specifically within the Legal Services team. Whilst the Service Director Legal and Community seeks to find solutions to those issues, in order to provide greater support and capacity for the Service Director it has been agreed to temporarily transfer the reporting line of Licensing and Community Safety teams to a different Service Director.

Audio recording – 3 hour 57 minutes 03 seconds

The Deputy Monitoring Officer presented the report entitled ‘Constitutional Amendments Made Following Temporary Restructure’ and stated that there had been a Delegated Decision from the Managing Director on the 25 July 2024 regarding the temporary restructure and that this was detailed in paragraph 8.1 of the report.

Councillor Daniel Allen proposed and Councillor Dave Winstanley seconded and, following a vote, it was:

RESOLVED: That Council accepted the amendments made, detailed in section 8.1 of the report.

REASON FOR DECISION: There were current and ongoing capacity and resourcing issues with the Legal and Community directorate, specifically within the Legal Services team. Whilst the Service Director Legal and Community seeks to find solutions to those issues, in order to provide greater support and capacity for the Service Director it has been agreed to temporarily transfer the reporting line of Licensing and Community Safety teams to a different Service Director.

REPORT OF THE DEMOCRATIC SERVICES MANAGER

To consider a further appointment of a Member Representative to the Baldock United Almshouses Charity, following notification that 4 Member Trustees are required.

RESOLVED: That Council approved and nominated Cllr Rhona Cameron as the fourth Member to the outside organisation the Baldock United Almshouses Charity.

REASONS FOR DECISION:

(1)   To comply with the provision of Standing Order 4.8.2(j) of the Council’s Constitution.

(2)   To comply with the Constitutional requirement for the Baldock United Almshouses Charity to have four Councillors as Trustees.

Audio recording – 3 hour 58 minutes 31 seconds

The Democratic Services Manager presented the report entitled ‘Nominations Of Representatives on Baldock United Almshouses Charity (Outside Organisation)’ and stated that the reasons for the election of a fourth member were set out in the report.

In response to a question from Councillor Alistair Willoughby, the Managing Director stated that only Members that were renumerated by Baldock United Almshouses Charity needed to declare an interest.

Councillor Nigel Mason nominated Councillor Rhona Cameron as the fourth Member to the outside organisation the Baldock United Almshouses Charity. This was seconded by Councillor Daniel Allen.

Councillor Ralph Muncer nominated Councillor Michael Muir as the fourth Member to the outside organisation the Baldock United Almshouses Charity. This was seconded by Councillor David Barnard.

A vote was taken regarding the two nominations and, it was:

RESOLVED: That Council approved and nominated Councillor Rhona Cameron as the fourth Member to the outside organisation the Baldock United Almshouses Charity.

REASONS FOR DECISION:

(1)   To comply with the provision of Standing Order 4.8.2(j) of the Council’s Constitution.

(2)   To comply with the Constitutional requirement for the Baldock United Almshouses Charity to have four Councillors as Trustees.