Agenda, decisions and draft minutes

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.

Audio recording – 1 minute 16 seconds

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

Councillor Sam Collins was absent.

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.

Audio Recording – 2 minutes and 2 seconds

Councillor Daniel Allen, as Chair, proposed and Councillor Elizabeth Dennis seconded and, following a vote, it was:

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.

Audio recording – 3 minutes 2 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 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.

Audio recording – 3 minutes 10 seconds

(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 thanked 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 and the following Members provided comments:

·       Councillor David Levett

·       Councillor Elizabeth Dennis

·       Councillor Ruth Brown

·       Councillor Ian Albert

·       Councillor Nigel Mason

·       Councillor Ralph Muncer

·       Councillor Steve Jarvis

·       Councillor Richard Thake

(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.

Audio recording – 22 minutes 45 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 no questions submitted in accordance with Standing Order 4.8.11.

Audio recording – 22 minutes 52 seconds

There were no questions from Members.

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.

Audio recording – 22 minutes 54 seconds

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.

Audio recording – 22 Minutes 59 seconds

N.B. Councillor Claire Strong left the Chamber at 19:53 and returned at 19:54.

N.B. Councillor Tom Tyson entered the Chamber at 19:53.

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

The Chair invited Councillor Elizabeth Dennis, Leader of the Council, to present the referral from Cabinet on this item.

Councillor Dennis advised that the rationale for the Cabinet decision was contained within the report and highlighted that funding had been acquired for the Solar for Business programme, which would present significant opportunities.

Councillor Steve Jarvis stated that the Solar for Business programme would assist in reducing the carbon emissions of the district, generate an income for the Council and have benefits for local businesses.

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

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 5 February 2024, which outlined how the Council proposed 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 was presented to the Cabinet for further consideration (and subsequent recommendation to Council).

(3)   The individual projects will be managed by the relevant North Herts Council (NHC) service areas. Executive Members and Service Directors will be delegated to approve spend decisions, payments or grants made under the scheme as identified under table 8.1 of the report.

8B) Standards Matter Report

The Chair invited Councillor Ruth Brown, Chair of the Standards Committee, to present the referral from the Standards Committee on this item.

Councillor Brown advised that there had been a robust debate on the item at the Committee meeting on whether a two month period was a reasonable timeframe in which to undertake the Code of Conduct training and it was concluded that this was acceptable.

The following Members asked questions:

·       Councillor David Levett

·       Councillor Adam Compton

·       Councillor Dominic Griffiths

In response to questions, Councillor Ruth Brown stated that:

·       This would be virtual training to make it accessible to Members and Members that had completed the training would be monitored via GrowZone.

·       Two months allowed Members flexibility for when to complete the training. It was anticipated that most Members would complete the  ...  view the full minutes text for item 281.

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.

Audio recording – 43 Minutes 8 seconds

The Service Director – Legal and Community presented the report entitled ‘Constitutional Amendment Report’ and highlighted that:

·       The report clarified that at Annual Council there would be an election for the position of Leader of the Council.

·       The position of Leader of the Council would then be coterminous with the whole Council election cycle.

·       There were a few language changes to align the report to the language of the legislation, notably the word ‘disqualified’ instead of ‘suspended’.

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

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).

Audio recording – 44 minutes 57 seconds

Councillor Daniel Allen, as Chair,  proposed and Councillor Elizabeth Dennis seconded, and following a vote, it was:

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.

N.B. This item was considered in restricted session and therefore no recording is available.

Councillor Daniel Allen, as Chair, proposed and Councillor Elizabeth Dennis seconded, and following a vote, it was:

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.

N.B. This item was considered in restricted session and therefore no recording is available.

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.

N.B. Following the conclusion of this item there was a break in proceedings at 21:05 and the meeting reconvened at 21:17. During the break, Councillor Dominic Griffiths left the Chamber and did not return.

Following the comfort break the meeting resumed in open session.

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.

Audio recording - 1 hour 47 minutes 37 seconds

The Executive Member for Finance and IT presented the report ‘Sale of Land at Hitchin Road, Weston Known as the Snipe, Part 1’ and advised that:

·       At the Cabinet meeting in December 2020 the land was declared as surplus to requirements and authority for its disposal was delegated to the Service Director – Resources in consultation with the Executive Member for Finance and IT.

·       External advice on the sale was sought and a Memorandum of Understanding was entered into with an adjacent landowner to market the site jointly.

·       The site was identified in the adopted Local Plan for 40 dwellings.

·       The tenders received were higher than expected and therefore this item had been brought to Council for approval.

·       Alternative options for the site were considered and these were detailed in paragraph 4 of the report.

·       An unconditional offer for the site was received, however it was felt that the density of dwellings on this proposal were not achievable.

·       It was deemed that the site was more marketable with the adjacent plot than being marketed in isolation.

·       The Parish Council have not objected to the proposed development of this site.

·       There were clear aspirations around climate change with the use of Future Homes Standards as detailed in section 14 of the report, and this was the standard for the whole site.

·       There was an expectation for 40% affordable housing on the site.

·       The capital receipts from the sale of the land would assist in the funding of future capital programmes.

·       The report carefully considered the achievable capital receipts and the social benefit from the affordable housing from this sale.

·       There had been a delay in advertising the second notice in this matter and the closing date for comments on this development was the 25 April 2024. Therefore, an additional recommendation was proposed (2.4) to allow any objections to be considered by the Service Director Enterprise in consultation with the Executive Member for IT and Finance with delegated authority to determine whether to proceed with the sale. 

·       Recommendation 2.1 had been amended to incorporate the new recommendation 2.4.

In response to a question from Councillor Muncer, the Principal Estates Surveyor stated that there had been no objections received from the public notices to date.

The following Members took part in debate:

·       Councillor David Levett

·       Councillor Steve Jarvis

·       Councillor Adam Compton

·       Councillor Ralph Muncer

·       Councillor Alistair Willoughby

·       Councillor Claire Strong

·       Councillor Ruth Brown

·       Councillor Ian Albert

Points raised in the debate included:

·       Concerns that the percentage of affordable housing was not guaranteed.

·       Concerns regarding the Memorandum of Understanding and the commitments placed on the Council when it came to determining the application at the Planning Control Committee.

·       The site formed part of the Local Plan.

·       It was sensible to market the two parcels of land together, as this would make the highways and community arrangements more acceptable to residents.

·       The site should be sold with the expectation of a minimum of 40% affordable housing.  ...  view the full minutes text for item 286.