Decisions

RESOLVED: The Finance, Audit and Risk Committee considered the proposed changes to the Contract Procedure Rules and recommended to Council its adoption subject to the following amendment: 

‘2.4      Failure to comply with the Rules may will result in Officers conduct being examined and may be a breach under the Council’s Managing Misconduct Policy….’

REASON FOR DECISION:  That the Contract Procurement Rules are part of the Constitution (under Section 20) and are revised and updated periodically as part of the Council's governance and procurement review processes, contributing to effective organisational internal control.

In addition, the review and adoption of the Council’s Contract Procurement Rules is a

key action in the Council’s Procurement Strategy.

RESOLVED:

That the Finance, Audit and Risk Committee notes:

 i.          the Shared Internal Audit Service Progress Report for the period to 30 November 2018;

ii.          the proposed amendments to the 2018/19 Annual Audit Plan; and

iii.          the implementation status of high priority recommendations.

REASON FOR DECISION:  To enable the Committee to consider the Shared Internal Audit Service Progress Report.

RESOLVED: That the work of the Council and the Shared Anti-Fraud Service in delivering the Anti-Fraud Plan 2018/19 be noted.

REASON FOR DECISION: To enable the Committee to consider the progress report on the Shared Anti-Fraud Service Anti-Fraud Plan 2018/19.

RESOLVED: That the Finance, Audit and Risk Committee notes the report, to be presented to the Cabinet.

REASON FOR DECISION: To provide an opportunity for the Committee to comment as appropriate on the draft budget for 2019/2020 as per the Committee’s Terms of Reference to ‘assist the Council and the Cabinet in the development of its Budget and Policy Framework process by in-depth analysis of policy issues pertaining to finance, audit and risk’.

RESOLVED: That the Finance, Audit and Risk Committee notes the report, to be presented to the Cabinet.

REASON FOR DECISION: To provide an opportunity for the Committee to comment as appropriate on the summary position on revenue, income and expenditure forecasts for the financial year 2018/19, as at the end of the second quarter.

RESOLVED: That the Minutes of the Meeting of the Finance, Audit and Risk Committee held on 24 September 2018 be approved as a true record of the proceedings and be signed by the Chairman.

RESOLVED: That the Finance, Audit and Risk Committee notes that there are no changes to the Corporate risks for the Quarter.

REASONS FOR DECISION: The Committee has responsibility to monitor the effective development and operation of risk management.

RESOLVED:That the Minutes of the Meeting of the Finance, Audit and Risk Committee held on 30 July 2018 be approved as a true record of the proceedings and be signed by the Chairman.

RESOLVED: That the Finance, Audit and Risk Committee notes the report, to be presented to the Cabinet.

REASON FOR DECISION: To provide an opportunity for the Committee to comment as appropriate on the Treasury Management activities in the second quarter of 2018/19 to the end of September 2018.

RESOLVED: That the Finance, Audit and Risk Committee notes the report, to be presented to the Cabinet.

REASON FOR DECISION: To provide an opportunity for the Committee to comment as appropriate on the progress with delivering the capital programme for 2018/19, as at the end of September 2018.

The Chairman requested that items as discussed throughout the agenda be included as future agenda items. 

In accordance with 100B (4)(B) of the Local Government Act 1972 and in accordance with the urgent procedure rules as contained within the Council’s Constitution the following item was considered - Updated Contract Procedure Rules.

REASON FOR DECISION: The Contract Procurement Rules are part of the Constitution (under Section 20) and are revised and updated periodically as part of the Council's governance and procurement review processes.

The Council’s Constitution is being reviewed at the Council Meeting in January, which the Procurement Rules will be incorporated. As there was not another Finance Audit and Risk Committee prior to this meeting the matter was considered as a matter of urgency and was therefore not subject to call in. 

The Chairman announced that Members of the public and the press may use their devices to film/photograph.  In addition, the sound at this particular meeting was being recorded.

Members were 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 Chairman 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, who wished 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.

There was no public participation.

Apologies for absence were received from Councillor T Tyler and as a result Councillor S Jarvis attended the meeting as the Substitute Councillor.

RESOLVED:

That the Cabinet Sub-Committee (Council Charities):

      i.        approves the information required by the Charities Commission for the four registered charities, so that the returns can be submitted prior to the January 2019 deadline; and

     ii.        notes the requirement for those charities with a gross income of more than £25k in their financial year to have their accounts independently examined and, as this applies to King George’s Field, instructs this to be undertaken for those accounts for 2017/18. This will be undertaken by the Shared Internal Audit Service (SIAS).

There was no other business notified.

RESOLVED:That the Minutes of the Meeting of the Sub-Committee held on 20 November 2018 be approved as a true record of the proceedings and be signed by the Chairman.

There was no public participation.

The Chairman announced that in accordance with Council policy the meeting was being audio recorded.

The Chairman drew Members’ attention to the item on the front page of the agenda regarding ‘Declarations of Interest’ and reminded Members that, in accordance with the Code of Conduct, any declarations of interest in respect of any business set out in the agenda, should be declared immediately prior to the respective agenda item.  Members declaring a Declarable Interest, who wished to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest.

RESOLVED:That consideration of this referral takes place in conjunction with agenda item number 8 (Minute 59 refers).

RESOLVED: That consideration of this referral takes place in conjunction with agenda item number 7 (Minute 58 refers).

There were no apologies for absence.

RESOLVED:

(1)       That Cabinet notes the recommendation that the Chairman of Hitchin Committee should be a member of any Churchgate Project Board and notes that Paragraph 1.2.6 of the Council’s Constitution authorises the lead officer to chose the membership of the project board, in consultation with the Leader of the Council.

RECOMMENDED TO COUNCIL:

(1)       That the proposals progress to the final work required prior to Full Council’s final approval of the terms of any proposal;

(2)       That the Consultation Strategy, which will form part of any development management agreement with a developer, clearly sets out how the community will continue to be engaged with and how they will have opportunities to see and influence the final proposals.

REASON FOR DECISION: The Council has been seeking to regenerate the Churchgate Centre for a number of years and a number of different proposals have been considered during that time, with none of those proposals progressing to a successful conclusion. The proposal currently being considered finds a solution to a number of the problems faced by previous proposals and would appear to be achievable in the short term. The proposals would also see significant investment in Hitchin Market and the public realm. The Council’s potential investment in this regeneration opportunity is also expected to provide a reasonable financial return. The initial proposals received significant public support when they were consulted on in March/April 2018.

It was proposed by Councillor Cunningham and

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the said Act.

RECOMMENDED TO COUNCIL:

(1)       That, in recognition of the service received since the start of the new waste contract, which has not been of the standard we expect, the Council agrees an extension of the current 12 month payment period for green waste collection, for a further period of 3 months. The loss of income based on current (52%) uptake is approximately £290k;

(2)       That, in addition, to provide a free roll of compostable liners for the kitchen food waste caddies. The estimated cost of the liners is circa £30k.

REASON FOR DECISION: To acknowledge service disruption in our waste collection service and demonstrate to residents that the Council is taking the issue and the inconvenience caused extremely seriously. Predominantly, garden waste collection and food waste collection have been disrupted.

Prior to the item being discussed Councillor Bernard Lovewell declared a declarable interest in that he was a Member of the Cabinet Sub-Committee (Council Charities) and, in accordance with legal advice given previously, would leave the Chamber for the duration of the item.

Prior to the item being discussed Councillor Julian Cunningham declared a declarable interest in that he was a Member of the Cabinet Sub-Committee (Council Charities) and, in accordance with legal advice given previously, would leave the Chamber for the duration of the item.

Prior to the item being discussed Councillor Michael Weeks declared a declarable interest in that he was a Member of the Cabinet Sub-Committee (Council Charities) and, in accordance with legal advice given previously, would leave the Chamber for the duration of the item.

RESOLVED:

(1)       That the purchase of 14/15 Brand Street for £550,000 be approved;

(2)       That the Council should enter into the Settlement Agreement at Appendix A;

(3)       That the timeline for the full opening of the North Hertfordshire Museum be noted.

REASONS FOR DECISION:

(1)       To enable the Council to complete the development of the North Hertfordshire Museum/Hitchin Town Hall project as intended by Council and operate the facility for the benefit of the local community;

(2)       To protect the Council’s interests and obtain best return from the Council’s existing investment and to secure projected income from the facility to offset some of the operational and fixed costs.

The following presentations were made by members of the public:

Garden Waste Service

Mr Colin Dunham had registered to speak regarding the garden waste collection service, however was unable to attend the meeting.

Regeneration of Churchgate Shopping Centre

Steven Haynes, Churchgate Resurgence PB.

Brian Foreman, representing Tenants of Churchgate

(1)       Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but please raise your hand to let me know you are doing this so that I can inform all present.  Please do not use flash and disable any beeps or other sound notifications that may emit from your device.  In addition, in accordance with Council Policy, the sound at this meeting is being recorded.

(2)       A reminder that, in line with the Code of Conduct, any Declarations of Interest need to be declared immediately prior to the item in question. Members declaring a Declarable Interest, wishing to exercise a ‘Councillor Speaking Right’, must declare this at the same time as the interest.

(3)       For the benefit of any members of the public present at the meeting, please would Officers announce their name and their designation to the meeting when invited to speak either by myself or an Executive Member.

There was no other business notified.

There were no apologies for absence received from Councillors.

RESOLVED:  That the report of the First Quarter Treasury Management Monitoring 2018/19 be noted.

RESOLVED:  That the report of the First Quarter Capital Monitoring 2018/19 be noted.

RESOLVED:  That the report of the First Quarter Revenue Monitoring 2018/19 be noted.

The Service Director - Resources presented the report in respect of the Statement of Accounts 2017/18. 

The report was tabled due to the delay in Ernst & Young completing the audit, it had, therefore not been possible to finalise the report until that day. There were no substantial changes from the draft version of the accounts available on the website. 

There was a lengthy discussion around a mistake identified in the accounts, where two lines in one of the notes were the wrong way round.  It was agreed that the Committee would be content to approve once that adjustment had been made.

RESOLVED:  Thant the Audit Findings Report for 2017/18 be noted.

REASON FOR DECISION:  To enable the Committee to consider and comment on the Report 2017/18.                                                                                                                                                                                                                                                                                                                                                                              

There was no public participation.

(1)    The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but she asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices.  In addition, the Chairman had arranged for the sound at this particular meeting to be recorded;

(2)   The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest needed to be declared immediately prior to the item in question;

(3)    The Chairman asked that, for the benefit of any members of the public present at the meeting, Officers announce their name and their designation to the meeting when invited to speak.

(4)    The Chairman informed the Committee there would be some changes to the sequence of the Agenda and would be as follows:

Item 12 – Annual Governance Statement 2017/18 would become Item 6

Item 6 – Audit Findings Report for NHDC 2017/18 would become Item 7

The Chairman reminded Members that application 18/01622/FP had been withdrawn from the agenda.

RESOLVED: That the report entitled Planning Appeals be noted.

The Chairman confirmed that 7 registered speakers and Member Advocate (Councillors Jarvis) were present.

(1)       The Chairman welcomed the officers, general public and speakers to this Planning Control Committee Meeting;

(2)       The Chairman advised that two items had been withdrawn from the agenda as follows:

(i)         Item 8 - Land to the East of Bedford Road and West of Old Ramerick Manor;

(ii)        Item 10 - Heath Farm, Pottersheath Road, Pottersheath, Herts.

(3)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or make a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices;

(4)       The Chairman reminded Members and speakers that in line with Council policy, this meeting would be audio recorded;

(5)       The Chairman requested that all Members, officers and speakers announce their names before speaking;

(6)       The Chairman clarified that each group of speakers would have a maximum of 5 minutes. The bell would sound after 4 1/2 minutes as a warning, and then again at 5 minutes to signal that the presentation must cease; and

(7)       Members were 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 Chairman 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 and 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.

There was no other business.

RESOLVED: That the Minutes of the Meeting of the Committee held on 18 October 2018 be approved as a true record of the proceedings and be signed by the Chairman.

Apologies for absence had been received from Councillor Mike Hughson.

Having given prior notice, Council Val Bryant advised that she would be substituting for Councillor Hughson.

RESOLVED: That application 18/00585/LBC be GRANTED listed building consent subject to the conditions and reasons set out in the report of the Development and Conservation Manager.

The Chairman announced that there would be a short break to allow members of the public to leave the meeting.

RESOLVED:That, application 18/00584/FP be GRANTED planning permission subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the amended and additional conditions, reasons and informatives below.

Condition 8 to read:

“Prior to the installation of any fixed plant, a noise survey following the guidelines set out by BS4142:2014 shall be undertaken. This survey shall take into account all proposed fixed plant as part of the development and shall include noise control measures which should be submitted for written approval by the Local Planning Authority (LPA). No fixed plant shall be installed and operated at the site until the noise survey has been approved by the LPA. Noise mitigation measures shall be such as to achieve 5dB below existing background noise levels. The fixed plant as approved shall thereafter be maintained in accordance with the approved noise control measures."

Reason: to protect the amenities of existing residents.

Condition 9 to read:

“Goods vehicle deliveries and refuse vehicles shall only be permitted between 08.00hrs and 20.00hrs Monday to Friday, 08.00hrs and 18.00hrs Saturdays and no deliveries or collections shall take place at all on Sundays and Bank Holidays.”

Reason: to protect the amenities of existing residents.

Condition 11 to read:

“A maximum of seventy-five (75) event days shall take place per calendar year with no more than three (3) event days taking place per calendar week.”

Reason: to protect the amenities of existing residents.

Condition 12 to read:

“Live and recorded music shall not be permitted to take place in the outside areas of the venue at any time except for music accompanying a ceremony and shall last for no longer than one (1) hour between 10.00hrs and 20.00hrs on any event day. “

Reason: to protect the amenities of existing residents.

An additional condition to read:

1        (a) A suitable environmental noise control device of the ‘cut-off limiter’ type shall be installed in the Black Barn, calibrated and set to the satisfaction of the Local Planning Authority (LPA). The device must be set at an appropriate time in the presence of an officer of the LPA. No amplified live or recorded music shall take place in the Black Barn until this device has been installed and set in accordance with this condition. (b) Once the environmental noise control device has been installed, calibrated and set to the satisfaction of the LPA it must not be removed, adjusted or replaced:

(i)      without twenty-eight (28) days prior notification to the LPA and;

(ii)      without the written consent that the removal, adjustment or replacement of the device is permitted and that documentation stating this is received from the LPA.

(c) Following receipt of the documentation stated in (b)(ii), all the requirements of the LPA must be carried out. Use of all noise equipment for amplified live or recorded music taking place in the Black Barn is not permitted until such a time that confirmation from the LPA that it is permitted has been received.

(d) In the event of a malfunction of the environmental noise control device, the LPA shall be notified within two (2) working days of the problem and the remedial action proposed. No amplified live or recorded music shall take place in the Black Barn until the environmental noise control device is properly functioning and, if appropriate, has been reset, calibrated and set to the satisfaction of the LPA and/or the LPA has received and approved the necessary documentation confirming this.

(e) The environmental noise control device shall be secured in a manner approved by the LPA so as to prevent unauthorised access to and tampering with the controls.

(f) All noise equipment used for amplified live and recorded music in the Black Barn must be routed through the environmental noise control device and this device must be operational during such activities.

(g) If requested by the LPA, the environmental noise control device shall be recalibrated and reset to their satisfaction and in the presence of an officer of the LPA.”

Reason: to protect the amenities of existing residents.

RESOLVED: That application 18/02224/FP be GRANTED planning permission, subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the additional Condition set out below.

Additional Condition to read:

No hard standing areas to be constructed until the works have been carried out in accordance with the surface water strategy so approved unless otherwise agreed in writing by the Local Planning Authority.

Reason: To prevent environmental and amenity problems arising from flooding.

The Chairman reminded Members that application 18/02194/OP had been withdrawn from the agenda.

RESOLVED: That, application 18/02404/FP be REFUSED planning permission for the following reason:

The proposed development, by reason of its width, parking, general design and

servicing arrangements, would fail to take the opportunity to improve the character of the area and the way it functions contrary to Policy 57 of the North Hertfordshire District Local Plan No. 2 with Alterations and section 12 (Achieving well-designed places) of the National Planning Policy Framework.

RESOLVED:

(1)       That the Shared Internal Audit Service Progress Report for the period to 7 September 2018 be noted;

(2)       That the proposed amendments to the 2018/19 Annual Audit Plan be noted;

(3)       That the implementation status of high priority recommendations be noted.

REASON FOR DECISION: To enable the Committee to consider the Shared Internal Audit Service Progress Report 2018/19.

RESOLVED: That the Shared Anti-Fraud Service Annual Report 2017/18 be noted.

REASON FOR DECISION:  To enable the Committee to consider the Shared Anti-Fraud Service Annual Report for 2017/18.

RESOLVED:  That the work of the Council and the Shared Anti-Fraud Service in delivering the Anti-Fraud Action Plan 2017/18 be noted.

REASON FOR DECISION: To enable the Committee to consider the Shared Anti-Fraud Service Report for 2017/18 and receive and overview of the work being undertaken during 2018/19.

RESOLVED:  That the Annual Letter for the year ended 31 March 2018 be noted.

REASON FOR DECISION:  To enable the Committee to consider the Annual Audit Letter for the year ended 31 March 2018.

RESOLVED:  That the format and content of the draft Strategy attached as Appendix A be supported;

REASON FOR DECISION: To fulfil the Committee’s terms of reference, to “assist the Council and the Cabinet in the development of its Budget and Policy Framework process by in-depth analysis of policy issues pertaining to finance, audit and risk”.

RESOLVED:

(1)       That the progress made against the individual actions as outlined in the Action plan for 2018/19 at Appendix A be noted;

(2)       That the Senior Policy Officer be requested to circulate the Guidance to Councillors and Officers in respect of delegated Planning decisions to Members.

REASON FOR DECISION:  The Annual Governance Statement must be considered by Members of the Committee and approved under Regulation 6(4)(a) of the Accounts and Audit Regulations (‘AAR’) 2015/234, before the Statement of Accounts.

RECOMMENDED TO CABINET:

(1)       That the Office Accommodation (TR51) risk be deleted;

(2)       That the new Waste parent risk  (RRNEW1) be created, with a score of 9;

(3)       That nine Waste sub-risks (RR287, RR424, RR455, TR59, TR59.001, TR59.002, TR59.004, TR59.005 and TR59.006) be deleted;

(4)       That the Waste sub-risk for Sale of Recyclable Materials (TR59.007) be amended, to include an increase in the risk score from a 8 to a 9;

(5)       That the new Waste sub-risk for Route Optimisation of Collection Rounds (RRNEW2) be created, with a score of 7;

(6)       That in order to enable the Finance, Audit and Risk Committee and Cabinet to monitor the effective development and operation of risk management, all future reports and discussions regarding all Corporate risks should include more detail of ongoing work associated so that any the detail of any mitigation can be taken in to account when assessing risk.

REASON FOR DECISIONS: This Committee has responsibility to monitor the effective development and operation of risk management.

The Chairman advised Members of the expected agenda items for the next meeting of the Committee.

There was no public participation.

(1)       The Chairman announced that Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but he asked them to not use flash and to disable any beeps or other sound notifications that emitted from their devices.

(2)       The Chairman announced that, in accordance with Council policy this meeting was being audio recorded.

(3)       The Chairman 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.

There was no other business notified.

The Chairman advised that Committee Services apologised that the Minutes for this meeting had not yet been published. They would be available for agreement at the next meeting of the Committee.

Apologies for absence were received from representatives of Ernst and Young.

RESOLVED:  That the Annual Governance Statement for 2017/18 and action plan was agreed.

REASON FOR DECISION:  It is a statutory requirement of the Council to review and approve the Annual Governance Statement and action plan.

The Chairman requested that should any Members have any suggestions for agenda items at future meetings would the please advise himself, officers or the Committee Clerk.

There was no other business notified.

RESOLVED:That the Minutes of the Meeting of the Committee held on 18 June 2018 be approved as a true record of the proceedings and be signed by the Chairman.

Apologies for absence were received from Councillor Ian Moody.

Having given due notice Councillor Janine Paterson substituted for Councillor Moody.