Decisions

The following witnesses had been invited to attend Day 3 based on their written statement:

•        Patricia Cowley;

•        Brent Smith;

•        David Scholes.

•        The Chairman explained the format of the hearing and the purpose of the Panel.

RESOLVED: That the Terms of Reference for the Cabinet Panel on the Environment be noted.

RESOLVED:

(1)       That the proposed guidance be accepted;

(2)       That the work programme be amended as follows:

Meeting 2 Planning (to include street lighting and decommissioning of solar farms);

Meeting 3 Transport, Travel and Air Quality;

Meeting 4 Waste, Recycling and Food Waste;

Meeting 5 Greenspaces and Bio-Diversity (to include trees and landscaping);

Meeting 6 Energy.

(3)       That the proposed action tracker be approved.

Ms Christine Watson, Baldock Beats Waste, thanked the Chairman for the opportunity to address the Panel.

The Chairman thanked Ms Watson for her presentation.

(1)     The Chairman welcomed those present at the meeting, especially those who had attended to give a presentation;

(2)     The Chairman advised that, in accordance with Council Policy, the meeting would be audio recorded;

(3)     The Chairman 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.

There were no apologies for absence.

There was no other business notified.

In accordance with Standing Order 4.8.10(c), Mr Philip Devonald had presented a question for Councillor Martin Stears-Handscomb (Leader of the Council).

(A)       Item Referred from Cabinet – 30 July 2019 - Risk Management Update

RESOLVED: That the Annual Report on Risk and Opportunities be considered and noted.

REASON FOR DECISION: To enable Council to consider the Annual Report on Risk Management.

(B)       Item Referred from Cabinet – 30 July 2019 – Meduim Term Financial Strategy 2020 - 2025

RESOLVED: That the Medium Term Financial Strategy 2020 – 2025 be adopted.

REASON FOR DECISION: Adoption of a MTFS and communication of its contents would assist in the process of forward planning the use of Council resources and in budget setting for 2020/2021 to  2024/2025, culminating in the setting of the Council Tax precept for

2020/21 in February 2020.

RESOLVED:That the Minutes of the Meeting of the Committee held on 11 July 2019 be approved as a true record of the proceedings and be signed by the Chairman.

Apologies for absence were received from Councillors David Barnard, John Bishop, Bill Davidson, Steve Deakin-Davies, Simon Harwood, Ben Lewis and Lisa Nash.

Councillor Elizabeth Dennis-Harburg had offered apologies that she would arrive late for the meeting.

RESOLVED:

(1)       That Paragraph 7.2.2 of the Constitution be amended, to a maximum of four Parish Council co-optees as non-voting members of the Standards Committee;

(2)       That Councillor Dr Julie Magill MBE (Barkway Parish Council) and Councillor Amy Bourke-Waite (Royston Town Council) be appointed as non-voting co-optee members to the Standards Committee.

REASON FOR DECISIONS: The increase in co-optee numbers will widen the engagement and further promote the ethical standards message in the District. This also ensures that there is Parish/Town or Community Council in-put into the Standards Committee and Sub-Committees (as may be required).

The following motions had been submitted, due notice of which had been given in accordance with Standing Order 4.8.12:

A.      Governance Review

RESOLVED: That, in order to meet the Administration’s commitment to a more inclusive and open approach to decision making, Council agrees to ask officers, in consultation with an all party working group, to review its governance arrangements and constitution and report back to Council in due course.

B.      Pets as Prizes

RESOLVED:

This Council:

·                Is concerned about the number of cases reported to the RSPCA each year, regarding pets given as prizes via fairgrounds, social media and other channels;

·                Is further concerned for the welfare of those animals being given as prizes;

·                Recognises that many cases of pets being given as prizes may go unreported each year; and

·                Supports a move to ban the giving of live animals as prizes, in any form, on North Herts District Council Land.

The Council agrees to:

·                Ban outright the giving of live animals as prizes, in any form, on North Herts District Council Land; and

·                Write to the UK Government, urging an outright ban on the giving of live animals as prizes on both public and private land in England;

·                That officers be requested to prepare an NHDC Land Licences Policy to ensure that Council owned land is only used for proper and fit purposes.

C.      NO DEAL BREXIT AND PROROGATION OF PARLIAMENT:

RESOLVED:

That this council:

1.          In following Government instructions to prepare for a No Deal Brexit is aware of the risk that this could result in impossible demands being placed on this and other Hertfordshire Councils and all other work grinding to a halt.

2.         Is dismayed that the Prime Minister has announced his intention to prorogue Parliament in the midst of a constitutional crisis, with the increasing threat of a catastrophic No Deal Brexit.

3.         Condemns the suspension of Parliament by the Prime Minister and the silencing of elected representatives at a time of such national importance as undemocratic.

4.         Is conscious of the highly damaging effects of a No Deal Brexit on all residents of the District.

5.         Recognises and understands the concerns of its residents who are EU nationals and the threat a No Deal Brexit presents to their stability and wellbeing.

This council resolves to:

1.         Make urgent representations to the Prime Minister urging him to abandon his plan to prorogue Parliament and to ensure that Parliament is fully involved in the decision making process regarding Brexit and any future Withdrawal Agreement.

2.         Communicate to residents the possible outcomes of a No Deal Brexit and advise them of how to prepare for this eventuality, publicising the link to Council website on preparing for Brexit.

3.         Take positive steps to alert residents who are EU nationals to inform them of the importance of applying for Settled Status, providing information about this process and signposting them to the website link and other appropriate support.

4.         Make information available at surgeries and other local events and centres for EU nationals who need support in securing Settled Status

In accordance with Standing Order 4.8.11(b), three questions had been submitted by Members by the deadline date for questions set out in the Council’s Constitution regarding the following:

(A)            Garden Waste Re-Subscription

(B)            Community Infrastructure Levy

(C)            Educational Provision in the Local Plan:

Councillor Richard Thake declared that he was an elected Member of Hertfordshire County Council and in asking this question, which clearly has implications for the provision of education, for which the County Council is the statutory provider, wished to make it clear that he did not consider that there was any interests that would be improper. He was asking the question as a concerned parent, grandparent and resident of North Hertfordshire because of his concerns about the future of education.

There were no presentations by members of the public.

(1)       Audio Recording

The Chairman advised that, in accordance with Council Policy, the meeting would be audio recorded.

(2)        Declarations of Interest

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 were 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, 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.

(3)        Refreshments

The Chairman invited all Member to refreshments after the meeting in Committee Rooms 2/3.

She advised that, unfortunately there was no buffet this evening.

(4)        Comfort Break

The Chairman advised that, if the meeting were to go on beyond 9pm, she would call a 5 minute comfort break.

Members were reminded to remain in the room prior to any break to ensure that they could vote.

(5)        Councillor Jim McNally

The Chairman offered congratulations to Councillor Jim McNally who won a gold medal in Seoul for 3m diving. Also Jim and his new wife Barbara won a silver medal in synchronised diving.

(6)        Music Event

The Chairman announced that she would be holding a music night on Friday 1 November at 7pm in the Old Bull, Royston.

There would be bands to suit all tastes from a male voice choir to a rock band.

Tickets were just £15 per head and could be purchased through Committee Services or at the door.

All monies raised would support her chosen charity, Parkinsons UK (Royston).

(7)        Order of Business

The Chairman advised that Item 8 – Questions by the Public would be taken as part of Item 5 – Public Participation.

RESOLVED: That Councillor Ian Albert be elected as Chairman of the Cabinet Sub-Committee (Local Authority Trading Companies' Shareholder) for the reminder of the 2019/20 Civic Year.

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 (as amended).

There were no presentations by the public.

(1)       The Chairman advised that, in accordance with Council Policy, the meeting would be audio recorded;

(2)       The Chairman 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.

There was no other business notified.

RESOLVED:That, it be noted that none of the Members present today were at the meeting held on 15 March 2019 however, the Minutes of the Meeting of the Committee held on 15 March 2018 be approved as a true record of the proceedings and be signed by the Chairman.

There were no apologies for absence

The Part 1 discussion was suspended whilst the Part 2 report was considered (Minute 9 refers)

Following consideration of the Part 2 report the Sub-Committee returned to Part 1 to make the decision.

RESOLVED:

(1)       That the content of the report entitled Trading Company Update be noted:

(2)       That the Service Director – Commercial be requested to start investigations into the option of taking on and operating social housing offered through Planning obligations;

(3)       That the Service Director Commercial be requested to keep Member of the Sub-Committee appraised of progress regarding further work in this area.

(4)       That the Service Director – Commercial be requested to convene another meeting of this Sub-Committee to discuss progress regarding further work in this area.

REASON FOR DECISIONS: To keep Members informed on the progress in setting up a trading company.

RESOLVED: That application 19/01059/FPH  be GRANTED planning permission subject to the conditions and reasons as set out in report of the Development and Conservation Manager.

The Principal Planning Officer (West Team) updated Members regarding Planning

Appeals as follows:

•        The Planning Appeal for 18/01916/OP was dismissed on the 17 July 2019;

•        The Council won the Planning Appeal regarding 68 Linden Road, Baldock; and

•        The hearing regarding the Appeal for LS1 would commence on 15 October 2019.

RESOLVED:  That the report entitled Planning Appeals be noted.

RESOLVED: That application 18/02684/FPH be GRANTED planning permission

subject to the conditions and reasons as set out in the report of the Development and

Conservation Manager.

RESOLVED: that application 18/01814/FP be REFUSED planning permission for the

reasons set out in the report of the Development and Conservation Manager.

RESOLVED:

(1)     That application 19/00386/RM  be DEFERRED for the following reasons:

•        The inclusion of an electric vehicle charging condition

•        Exploration of access through to the Ivy Farm phase 2 (Kier scheme) behind the school site

•        Re design of the 3 storey block at the McDonalds end of the site

•        Resolution of highway concerns regarding the layout

(2)     That, in the event that the applicant decline the invitation to revisit the design of the three storey block or would nor extend the time limit in order for the above issues to be explored, prior to reporting back to the Committee at the earliest available opportunity, officers be authorised to refuse planning permission, under delegated authority.

There was a 5 minute comfort break at 22:17.

Prior to the item being considered, Councillor Tony Hunter declared a declarable

interest in that he had objected to site RY10 in the Local Plan.  He advised that he

would listen to the presentations and address the Committee as a Member Advocate

following which, he would leave the room and take no part in the debate and vote.

RESOLVED:

(1)     That application 17/00110/1 be GRANTED planning permission subject to the conditions and reasons contained in the report of the Development and Conservation Manager, the following amended and additional conditions and completion of a satisfactory Section 106 agreement.

Condition 5

That Condition 5 be amended to read:

“Construction of the approved development shall not commence until a Construction

Traffic Management Plan has been submitted and approved in writing by the Local

Planning Authority in consultation with the Highway Authority. Thereafter, the

construction of the development shall only be carried out in accordance with the

approved Plan. The Construction Traffic Management Plan shall include construction

vehicle numbers/routing such as prohibition of construction traffic being routed

through Royston town centre and shall be carried out as approved. The temporary

construction access off of Burloes Lane shall be closed to the satisfaction of the

Highway Authority on completion of construction activity on the site.”

Condition 8

That Condition 8 be amended to read:

“Prior to the determination of a reserved matters application, the applicant shall

undertake an ecological assessment of the development site which utilises the

DEFRA Biodiversity Impact Calculator metric or a similar assessment tool. The

development must demonstrate a positive ecological unit score from the pre

development baseline.

Condition 11

That Condition 11  be amended to read:

“Prior to the commencement of the development the applicant shall submit a

programme for the delivery and adoption (or private management of)  footpaths

around the site, with public access secured in perpetuity including non-car access for

cycles and mobility scooters to the established residential development off of Valley

Rise. This programme will be agreed by the Local Planning Authority in conjunction

with Herts County Council Rights of Way. The agreed programme will be

implemented in accordance with any agreed phasing programme and thereafter

maintained in perpetuity.

Reason: To deliver a sustainable scheme of public rights of way for the incumbent

population and the wider community.”

Condition 17

That a new condition 17  be added to read:

“Prior to the commencement of the development hereby approved further details

shall be submitted to and approved by the local planning authority, in consultation

with the highway authority, concerning the provision of an emergency vehicle access

along Burloes Lane following the cessation of its use for construction traffic. The

approved emergency access details shall be implemented prior to first occupation.

Reason: In the interests of highway safety.”

(2)     That, should, for any reason, the Section 106 agreement not be completed before the 30th Sept 2019 and the applicant does not agree to an extension of time to allow for this, officers be requested to refuse planning permission under delegated powers on the grounds of no satisfactory Section 106 agreement

(3)     That officers be requested to enquire whether Section 106 contributions for youth provision be allocated to projects in Royston and not in Hitchin.

Councillor Tony Hunter returned to the room

There was a 5 minute comfort break at 21:17.

The Chairman confirmed that the 8 registered speakers and two Member Advocates were present.

(1)        The Chairman advised that, in accordance with Council policy this meeting is being audio recorded. Members of the public and the press may use their devices to film/photograph, or do a sound recording of the meeting, but should not disturb the meeting.

(2)        Please could Members, officers and public speakers announce their names each time they speak and speak directly into the microphones to assist members of the public

(3)        To clarify matters for the registered speakers:

Members of the public have 5 minutes for each group of speakers i.e. 5 minutes for objectors and 5 minutes for supporters. This 5 minute time limit also applies to Member Advocates.

The bell will sound after 4½ minutes as a warning and again at 5 minutes, to signify that the speaker must cease.

(5)    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, 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 notified.

RESOLVED:That the Minutes of the Meeting of the Committee held on 18 July 2019 be approved as a true record of the proceedings and be signed by the Chairman.

Apologies for absence were received from Councillors: 

Daniel Allen, Val Bryant, Ian Moody and Mike Hughson.

Having given due notice the following Councillors advised that they would be substituting:

Councillor David Barnard for Councillor Ian Moody;

Councillor Kay Tart for Councillor Mike Hughson.