Agenda, decisions and draft minutes

Apologies for absence were received from Councillors Michael Muir, Tina Bhartwas, Cathy Brownjohn, Caroline McDonnell, Vijaiya Poopalasingham, Rhona Cameron, Steve Jarvis, Sam Collins and Lisa Nash.

Audio recording – 1 minute 43 seconds

Apologies for absence were received from Councillors Michael Muir, Tina Bhartwas, Cathy Brownjohn, Caroline McDonnell, Vijaiya Poopalasingham, Rhona Cameron, Steve Jarvis, Sam Collins and Lisa Nash.

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 – 2 minutes 15 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 applied to part of this meeting. This would apply for Agenda Item 6 and a comfort break would be held at an appropriate time, should proceedings continue at length.

(6)   The Chair advised of a change to the order of the Agenda and the Public Participation would be taken directly ahead of Agenda Item 6. The Chair also advised that a referral had been received from Cabinet, which would be considered as the last item of business.

(7)   The Chair advised that Agenda Item 7 had been deferred to the Council meeting on 23 January 2025.

(8)   The Chair advised that tickets were now available to purchase for her Civic Event and Awards 2025, being held on Friday 28 February 2025.

(9)   The Chair announced that Geraldine Goodwin, Revenues Manager, had been working at North Hertfordshire for 30 years, and extended her gratitude to Geri for her services to the Council.

It was:

RESOLVED: That the Council placed on record its sincere thanks and appreciation to Geraldine Goodwin for her long and valuable service to Local Government.

Audio recording – 2 minutes 21 seconds

(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 apply to the strategic planning matters at this meeting (Referral 5A and Item 6). This did not apply to other items on the agenda. A comfort break would be held at an appropriate time, should proceedings continue at length.

(6)   The Chair advised of a change to the order of the Agenda and the Public Participation would be taken directly ahead of Agenda Item 6. The Chair also advised  that referrals had been received from Cabinet. There was an additional Referral 5B regarding Decarbonisation of Leisure Centres, which would be considered as the last item of business.

(7)   The Chair advised that Agenda Item 7 had been deferred to the Council meeting on 23 January 2025.

(8)   The Chair advised that tickets were now available to purchase for her Civic Event and Awards 2025, being held on Friday 28 February 2025.

(9)   The Chair announced that Geraldine Goodwin, Revenues Manager, had been working at North Hertfordshire for 30 years, and extended her gratitude to Geri for her services to the Council.

The following Members paid tribute:

·       Councillor Ian Albert

·       Councillor Keith Hoskins

·       Councillor Daniel Allen

Councillor Clare Billing, as Chair, proposed and Councillor Val Bryant seconded and, following a vote, it was:

RESOLVED: That the Council placed on record its sincere thanks and appreciation to Geraldine Goodwin for her long and valuable service to Local Government.

To receive petitions, comments and questions from the public.

Immediately before the respective Agenda Item, several presentations were received from members of the public regarding Agenda Item 6 – East of Luton Strategic Masterplan Framework.

Audio recording – 10 minutes 56 seconds

The Chair invited Ms Karen Jay to speak on Agenda Item 6 – East of Luton Strategic Masterplan Framework. Ms Jay thanked the Chair for the opportunity and provided Council with a verbal presentation, including that:

·       Developers had encroached the greenbelt.

·       The plan had been presented as a done deal with no scrutiny of the content.

·       The open space plans were flawed as up to 10,000 people could live on the site. The Masterplan outlines that there would not be enough open space for 5,000 people, therefore developers would land grab for extra space.

·       Woodland on the site had been included as multifunctional open space.

·       If the housing mix was known at this stage, then there would be a better idea of the expected population.

·       1,950 homes on this site were to meet the unmet needs of Luton.

·       Affordable housing was a NHDC policy, but Officers had advised that this could not be included until the planning stage.

·       There needed to be confidence that the developers would deliver homes and not claim unviability.

·       Luton Borough Council had built 1,100 homes of which only 7 were affordable.

·       The final Masterplan would set a design framework for future applications, but this is not the right version and would lead to over population, cramped houses, lack of open space and three storey buildings.

·       Developers cannot build until the Masterplan had been adopted, therefore Members should either defer or reject this Masterplan.

·       Data from Luton Borough Council showed this was not required for their needs  and therefore a scrutiny review of the process should be undertaken.

There were no points of clarification from Members.

The Chair thanked Ms Jay for her presentation and invited Mr David Dorman to speak on Agenda Item 6 – East of Luton Strategic Masterplan Framework. Mr Dorman thanked the Chair for the opportunity and provided Council with a verbal presentation, including that:

·       The Masterplan outlined that building heights on the site would be predominantly 2 to 2.5 storeys to reflect the surrounding area. However, a 3 storey building would tower over the edge of Luton.

·       The school proposed at Chalk Hill would be 3 storeys and would be a blot on the landscape from the east.

·       There were no improvements planned to Chalk Hill, which was currently a single track road. However, as schools would provide for the villages west of Hitchin, this would be a key access point to the school and needed rethinking.

·       Space had been allocated for a GP surgery. However, this was subject to input from the relevant providers and there was no guarantee this would be provided on site. There were concerns raised that existing GP surgeries would not be able to cope with the additional demand.

·       There was no employment provided on site and limited public transport, therefore people would have to use cars to travel and the road provision was inadequate.

·       The plans propose lifestyle engineering, rather than good housing and infrastructure which supports the  ...  view the full minutes text for item 67.

To consider any items referred from other Committees.

5a) Referral from Extraordinary Cabinet – 26 November 2024 – East of Luton Strategic Masterplan Framework

The Chair advised that the referral 5A from Cabinet would be taken with the respective item on the agenda and referral 5B from Cabinet would be taken at the end of the agenda.

8A) Decarbonisation of Leisure Centres Update

RESOLVED: That Council proceed with Option 4a and approve the additional forecast capital and ongoing revenue costs (including revenue costs of capital) and note the ongoing project risks.

REASONS FOR DECISIONS:

(1)   To identify the most appropriate way forward for the leisure centre decarbonisation project, taking into account both the environmental benefits of the project and the impact on the Council’s wider financial position.

(2)   Council has the responsibility to make decisions about any matter in the discharge of an executive function where the decision maker is minded to make it in a manner which would be contrary to the policy framework or contrary to/or not wholly in accordance with the budget.

(3)   To enable the Council and contractors to continue to meet the delivery time table for the project.

Audio recording – 3 hours 42 minutes 50 seconds

The Chair advised that the referral 5A from Cabinet would be taken with the respective item on the agenda.

5B)      DECARBONISATION OF LEISURE CENTRES PROJECT

Councillor Mick Debenham, as Executive Member for Leisure, Environment and Green Spaces, presented the referral from Cabinet and advised that:

·       The project to decarbonise the three leisure centres in the district was now at detailed design stage and had been made possible because of a £7.74m government grant, alongside the capital contribution from the Council.

·       Issues had been identified with the efficiency and running costs of the heat pumps required for the project.

·       There were larger and more efficient heat pumps available, but these were bespoke and required a longer lead time.

·       Initially it was thought that the larger pumps could not be purchased, but following confirmation from Salix who provided the grant, these could be ordered and still meeting the requirements of the funding.

·       The design process would need to be completed before final cost implications could be provided.

·       Cabinet considered all options and considered Option 4a as best, as detailed in paragraph 8.9 of the report.

The following Members asked questions:

·       Councillor Ralph Muncer

·       Councillor Matt Barnes

·       Councillor Jon Clayden

·       Councillor Paul Ward

In response to questions, the Service Director – Place advised that:

·       The cost implications of Option 4 were between a £37k and £117k increase in running costs compared to current prices. The quantity surveyor was mildly optimistic this could be brought down further throughout the design process.

·       Some of this increase was not due to heat pumps, but with the solar PV, as not as many solar PV panels could be installed on the roofs as had been anticipated.

·       Wilmott Dixon were looking at two types of larger air source heat pumps and the capital implications of these would be £225k rise for one option or up to £585k for the other. There was also a redesign fee of £86k.

·       In total, there would be between a £311k and £688k rise in capital costs, based on current assumptions.

·       An external lawyer weas looking at the contract to ensure the Council was protected in case of any insolvency of the provider.

·       Up to date capital forecasts had been provided and there were no further increases expected. Risks were being managed by the project board.

·       The learner pool at North Herts Leisure Centre used a gas boiler for heating which was too new to include in this round of funding. The boilers at Hitchin outdoor pool were almost new and therefore could also not be included.

In response to questions, the Service Director – Resources advised that:

·       The table on page 8 of the report highlighted the additional electricity that would be required to be purchased, net of any on site generation by the solar PV.

·       The implications would be factored in as part of the budget proposals for 2025/26 onwards.

·       The report presented in summer set out the additional cost of investment,  ...  view the full minutes text for item 68.

REPORT OF THE STRATEGIC PLANNING MANAGER

This report asks Full Council to approve the Strategic Masterplan Framework for land to the east of Luton. This site is allocated for development in the Council’s adopted Local Plan (Sites EL1, 2 & 3, Policy SP19) as a strategic site for approximately 2,100 homes and supporting infrastructure.

RESOLVED: That the Strategic Masterplan Framework for the land East of Luton (Local Plan sites EL1, 2 & 3), attached at Appendix A, is approved and adopted as a material planning consideration for relevant planning decisions relating to the site.

REASONS FOR DECISION:

(1)   To set an agreed design framework for the delivery of a strategic site within the Council’s adopted Local Plan.

(2)   To accord with policy requirements of the Local Plan.

Audio recording – 1 hour 40 minutes 08 seconds

Councillor Daniel Allen, as Interim Executive Member for Planning and Transport, presented referral 5A from Extraordinary Cabinet and the report entitled ‘East of Luton Strategic Masterplan Framework’ and advised that:

·       This report sought support for the East of Luton Masterplan to be a consideration in the planning process.

·       The site was allocated for approximately 2,100 homes and infrastructure, including schools and a local centre.

·       Council Officers and consultants had worked with the developers to produce the plans, with key plans and extracts from the Masterplan included in the report and a summary provided.

·       There had been a thorough process in the preparation of this Masterplan and a number of changes had been made which were outlined in the report and summary.

·       The Masterplan outlines how the Sustainability SPD requirements would be met, with 7 out of 8 areas set to achieve the silver rating and 1 gold rating.

·       The site had primarily been identified to meet the housing needs of Luton Borough Council.

·       A Masterplan was one stage of the planning and delivery of the site. It was a high level framework against which any schemes on the site can be considered.

·       The request to approve the Masterplan sat between the adoption of the Local Plan, which had happened, and the planning applications, which were yet to happen.

·       There were no new decisions to be made on the principle of development or wider matters which may be considered in the future.

·       All Members had been invited to a briefing by Council Officers on the Masterplan.

The Strategic Planning Manager provided a visual presentation of site plans and advised that:

·       The Masterplan had been produced in collaboration with the developers who had spoken at this meeting and with support from Herts County Council Officers on highways and education.

·       The site was included in the adopted Local Plan.

·       Consideration of whether an unmet housing need existing in Luton was not for the Masterplan stage.

·       Housing provided for Luton would be included in the North Herts supply total.

·       The Masterplan would provide a framework for different applications to be brought forward by different developers at different times, whilst maintaining consistency across the site.

The Associate Director of Hyas Associates provided a visual presentation of site plans and advised that:

·       Hyas had worked with Officers for 3 years on the project and had a huge amount of knowledge and experience of supporting Councils with projects like this on a national level.

·       There were two key landowners of the site, Bloor Homes, which owned 66%, and the Crown Estate, which owned 25%. The remaining 9% was owned by ATO Holdings.

·       Previous applications which had been submitted were considered but had been revised and updated in the Masterplan process.

·       The Masterplan established an appropriate framework for the site, which pulled together landowners and allowed for a holistic approach to the wider site.

·       Over a number of years, several parties may be involved in this development and this  ...  view the full minutes text for item 69.

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

N.B. This item was deferred from the Council meeting of 28 November 2024.

This report presents a summary of the areas reviewed and any in principle recommendations of the Constitutional & Governance Working Group (‘Working Group’) in relation to the following:

·         The Planning Control Committee meetings and Sub-Committees (including start times/ potential end times).

·         Standards Committee – recommendation to review the Terms of Reference to include other meaningful areas of remit.

·         Council Procedure Rules to be reviewed and amended in respect of Member Motions and Questions, (including agenda management, number, length of time on debate/ remit/ and Member speeches).

The report also covers areas considered but not recommended for change at this stage.

The Chair advised this item had been deferred to the meeting of Full Council on 23 January 2025.

Audio recording – 2 hours 50 minutes 22 seconds

The Chair advised this item had been deferred to the meeting of Full Council on 23 January 2025.

REPORT OF THE SERVICE DIRECTOR LEGAL AND COMMUNITY AND MONITORING OFFICER

This report seeks approval to appoint a replacement Reserve Independent Person (‘IP’) for a period of up to 4 years (as per the recommendation below), firstly 2 years and potential extension for a further 2 years up to the maximum period, such appointments to take effect from 16 January 2025, following the resignation of Stephen Tant from the role of Reserve IP.

RESOLVED: That Council:

(1)   Appointed Ms Wai Bing Hui as Reserve Independent Person.

N.B. such appointments/ confirmation of continuing appointments under 2.1 be for a fixed term of up to 4 years from 16 January 2025, based on 2-years, with delegation to the Monitoring Officer, in consultation with the Chair and Vice Chair of Standards Committee to extend for a further 2-years.

(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 DECISION: 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 – 2 hours 52 minutes 21 seconds

Councillor Alistair Willoughby, as Chair of the Standards Committee, presented the report entitled ‘Appointment of Replacement Reserve independent Person’ and advised that:

·       Council was required to have at least one additional Independent Person, and ideally more than one, as this was required where the Independent Person was unavailable or could not consider a matter due to personal interests.

·       The previous Reserve had been appointed at Council in September 2024 but resigned shortly after this appointment.

·       The proposed appointee met the requirements of the role and would be appointed for 2 years, with the potential to extend this by a further 2 years.

As part of the Debate, Councillor Ruth Brown endorsed the recommendation to approve this Reserve Independent Person and although regrettable someone resigned, Ms Hui would bring a different experience and background to the role to strengthen the team.

Councillor Alistair Willoughby proposed and Councillor Ian Albert seconded and, following a vote, it was:

RESOLVED: That Council:

(1)   Appointed Ms Wai Bing Hui as Reserve Independent Person.

N.B. such appointments/ confirmation of continuing appointments under 2.1 be for a fixed term of up to 4 years from 16 January 2025, based on 2-years, with delegation to the Monitoring Officer, in consultation with the Chair and Vice Chair of Standards Committee to extend for a further 2-years.

(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 DECISION: 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.

REPORT OF THE SERVICE DIRECTOR – RESOURCES

To agree the Scale of Fees for electoral events held during 2025/26.

RESOLVED: That the Council agreed the Scale of Fees for 2025/26 as set out in Appendix A.

REASON FOR DECISION: To enable the Council to remunerate the Returning Officer and the staff employed to carry out tasks during electoral events and to be open and transparent regarding other payments.

Audio recording – 2 hours 56 minutes 16 seconds

N.B. The Democratic Services Manager and Monitoring Officer left the Chamber for the duration of this item, due to their roles as Returning Officer and Deputy Returning Officer respectively.

The Service Director – Resources presented the report entitled ‘Electoral Scale of Fees’ and advised that:

·       The reasons for the proposed increase in fees were detailed at Section 8 of the report.

·       The focus had been on the lower paid roles and ensuring that the National Living Wage was maintained.

·       Presiding Officers were required to run Polling Stations and the fees needed to reflect the value of this role, as well as take into account fees paid by neighbouring authorities.

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

RESOLVED: That the Council agreed the Scale of Fees for 2025/26 as set out in Appendix A.

REASON FOR DECISION: To enable the Council to remunerate the Returning Officer and the staff employed to carry out tasks during electoral events and to be open and transparent regarding other payments.

N.B. Following the conclusion of this item, the Democratic Services Manager and Monitoring Officer returned to the Chamber.

REPORT OF THE DEMOCRATIC SERVICES MANAGER

To consider appointment of a Member Representative to the Parking and Traffic Regulations Outside London Adjudication Joint Committee (PATROL), following the resignation of the previous appointed Member.

RESOLVED: That Council nominated Councillor Daniel Allen to the outside organisation the Parking and Traffic Regulations Outside London Adjudication Joint Committee (PATROL).

REASONS FOR DECISION: To comply with the provision of Standing Order 4.8.2(j) of the Council’s Constitution.

Audio recording – 2 hours 59 minutes 34 seconds

The Democratic Services Manager presented the report entitled ‘Nomination of a Representative on Parking and Traffic Regulations Outside London (PATROL) Adjudication Joint Committee’ and advised that the Council was required to reappoint a nominee for this Outside Organisation, following the resignation of the former appointee, Chris Hinchliff.

Councillor Val Bryant proposed and Councillor Ian Albert seconded and it was:

RESOLVED: That Council nominated Councillor Daniel Allen to the outside organisation the Parking and Traffic Regulations Outside London Adjudication Joint Committee (PATROL).

REASONS FOR DECISION: To comply with the provision of Standing Order 4.8.2(j) of the Council’s Constitution.

To consider a motion submitted under Standing Order 4.8.12, which was deferred from the meeting of Council on 28 November 2024.

An amendment to the motion received is included within this pack.

There was one motion submitted in accordance with Standing Order 4.8.12, which had been deferred from the Council meeting on 28 November 2024.

(D) Impact of Family Farm Tax on Rural Communities in North Hertfordshire

RESOLVED: That the motion was LOST.

Audio recording – 3 hours 1 minute 23 seconds

There was one motion submitted in accordance with Standing Order 4.8.12, which had been deferred from the meeting on 28 November 2024.

(D)       Impact of Family Farm Tax on Rural Communities in North Hertfordshire

Councillor Ralph Muncer proposed the motion as follows:

In the Autumn Budget, the Chancellor of the Exchequer announced reforms to Agricultural Property Relief (APR) and Business Property Relief (BPR) from inheritance tax.

Currently, APR and BPR are available at a rate of 100% or 50% (based on eligibility criteria) with no cap to the total amount of relief. However, from April 2026 as a result of the Labour Government’s policy, inheritance tax relief for business and for agricultural assets will be capped at £1 million, with a tax rate of 20% being charged above that.

HM Treasury has said that 73% of APR claims are below £1 million and so would be unaffected by this policy however, the National Farmers Union have highlighted figures from the Department for Environment, Food and Rural Affairs indicating that the true percentage of farms affected by the APR changes will be 66%.

North Hertfordshire is a rural district with 76% of land classed as agricultural, and with farming providing jobs for more than 2,500 people in Hertfordshire and contributing more than £160m to the economy of Hertfordshire and Bedfordshire, this policy will undoubtedly have a significant negative impact on the economy of rural communities across the district.

Not only does this policy present an existential threat to the families who have farmed the land in our communities for generations, and who had hoped to pass on their farm to the next generation, but with about 54% of food on the plates of people in North Hertfordshire being produced in the UK, this decision will significantly increase the cost of producing food, leading to higher food prices, as well as reduce British Food Security.

Therefore, Council resolves:

1.     That the Leader of the Council writes to the Secretary of State for Environment, Food and Rural Affairs to outline the Council’s dismay at this decision and calls on the Government to stop the Family Farm Tax.

2.     That the 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 support farmers and rural communities in North Hertfordshire by calling on the Government to reverse the Family Farm Tax.

3.     That the Executive Member for Community and Partnerships engages with local farmers and representatives from rural communities on what Council can do to support them.

4.     To instruct Officers who are writing the North Hertfordshire Economic Development Strategy to work to identify potential opportunities to strengthen and grow the economies of rural communities in North Hertfordshire.

Councillor David Barnard seconded the motion.

Councillor Ruth Brown proposed an amendment to the motion, as outlined in the reports pack, and advised that:

·       She was broadly supportive of  ...  view the full minutes text for item 74.