Agenda, decisions and minutes

To receive apologies for absence.

Apologies for absence were received from Councillor S Rutland-Barsby.

The Leader reminded all present that the meeting was being webcast.  She said the new website was now up and running and she commended Officers for this excellent achievement. 

The Leader said a presentation for all Members would follow the meeting, regarding the Hertford Theatre expansion project.

To approve as a correct record the Minutes of the meeting held on 3 September 2019.

Councillor G Williamson proposed, and Councillor E Buckmaster seconded, a motion that the minutes of the meeting held on 3 September 2019 be approved as a correct record and signed by the Leader.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED – that the Minutes of the meeting of the Executive held on 3 September 2019 be approved as a correct record and signed by the Leader.

To recommend to Council

that:

(A) In accordance with the Environmental Assessment of

Plans and Programmes Regulations 2004 it has been

determined that a Strategic Environmental Assessment

of the emerging Affordable Housing Supplementary

Planning Document (SPD) is not required as it is unlikely

to have significant environmental effects; and

(B) The draft Affordable Housing Supplementary Planning

Document (SPD), as set out in Essential Reference Paper

‘B’, be agreed and published for a period of public

consultation.

The Executive Member for Planning and Growth submitted a report seeking Members’ agreement that a Strategic Environmental Assessment (SEA) of the emerging Affordable Housing Supplementary Planning Document (SPD) was not required, and seeking Members’ agreement to publish the draft Affordable Housing Supplementary Planning Document (SPD) for public consultation.

The Leader explained the SPD would be taken into account in assessing viability of development. 

Councillor T Page commended Officers for the reports on the agenda.  With regard to affordable housing he raised a question on the National Planning Policy Framework regarding sites which were not major developments, as the explanation in the report could benefit from clarification to give a definition of numbers. 

Councillor J Goodeve said the consultation would enable comments in writing to be considered. 

Councillor M Pope asked whether the “recycling subsidy” should the property no longer qualify as an affordable unit could be clarified. 

Councillor L Haysey encouraged Councillor Pope to submit this comment in writing as a response to the consultation. 

Councillor J Goodeve proposed, and Councillor L Haysey seconded, a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED - to recommend to Council that (A) in accordance with the Environmental Assessment of Plans and Programmes Regulations 2004 it has been determined that a Strategic Environmental Assessment of the emerging Affordable Housing Supplementary Planning Document (SPD) is not required as it is unlikely to have significant environmental effects; and

(B) The draft Affordable Housing Supplementary Planning

Document (SPD), as set out in Essential Reference Paper ‘B’, be agreed and published for a period of public consultation.

To recommend to Council

that:

(A) The Land North and East of Ware Masterplanning

Framework for the strategic allocation known as WARE2

Land North and East of Ware, as detailed at Essential

Reference Paper ‘B’ to this report, be agreed as a

material consideration for Development Management

purposes.

The Leader submitted a report on the Masterplanning Framework for the Ware2 Land North and East of Ware site.  She commended the significant engagement work of the promoters, Ptarmigan, which she would hold up as the exemplars. 

Councillor J Frecknall commended the public engagement.  He said there was an opportunity to become the pinnacle for sustainable development and that this high level of consultation had been shown to be possible, going forwards.

Councillor M Pope said it was imperative that infrastructure be brought in at the earliest possible stage.

Councillor L Haysey proposed, and Councillor E Buckmaster seconded, a motion to support the recommendation detailed in the report.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED - to recommend to Council that (A) The Land North and East of Ware Masterplanning Framework for the strategic allocation known as WARE2 Land North and East of Ware, as detailed at Essential Reference Paper ‘B’ to this report, be agreed as a material consideration for Development Management purposes.

To recommend to Council

that:

(A) The responses of the consultation be noted and the

officer responses and proposed changes to the draft

revised Statement of Community Involvement be

supported; and

(B) The East Herts Statement of Community Involvement

2019, as detailed at Essential Reference Paper ‘B’ to this

report, be approved for adoption.

The Leader submitted a report outlining the results of the public consultation on the draft revised Statement of Community Involvement (SCI) and seeking Members’ agreement to adopt a revised document.  She said the document was useful as it set out comments received and also provided a sound foundation for consultation with residents.

Councillor L Haysey proposed, and Councillor G Cutting seconded, a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED - to recommend to Council that (A) the responses of the consultation be noted and the officer responses and proposed changes to the draft revised Statement of Community Involvement be supported; and

(B) The East Herts Statement of Community Involvement

2019, as detailed at Essential Reference Paper ‘B’ to this report, be approved for adoption.

To recommend to Council

that:

(A) The responses of the consultation be noted and the

officer responses and proposed changes to the Retail

Frontages, Design & Signage Supplementary Planning

Document (SPD) be supported;

(B) The Retail Frontages, Design & Signage Supplementary

Planning Document (SPD), as detailed at Essential

Reference Paper ‘B’ to this report, be approved for

adoption; and

(C) In accordance with the Environmental Assessment of

Plans and Programmes Regulations 2004 it has been

determined that a Strategic Environmental Assessment

of the emerging Retail Frontages, Design & Signage

Supplementary Planning Document (SPD) is not required

as it is unlikely to have significant environmental

effects.

The Leader submitted a report on East Herts District Plan, in respect of the retail frontages, design and signage SPD. 

Councillor J Goodeve said the report outlined the results of the public consultation on the draft Retail Frontages, Design & Signage Supplementary Planning Document (SPD) and sought Members’ agreement to adopt a revised document. The report also confirmed that the three statutory consultees had no comment on the Strategic Environmental Assessment (SEA) Screening report, and therefore an SEA of the Retail Frontages, Design & Signage Supplementary Planning Document (SPD) was not required.

Councillor L Haysey said it was not possible to apply the policy retrospectively, unfortunately, but it would apply to future businesses. 

Councillor Haysey proposed, and Councillor Goodeve seconded a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED - to recommend to Council that (A) the responses of the consultation be noted and the officer responses and proposed changes to the Retail Frontages, Design & Signage Supplementary Planning Document (SPD) be supported;

(B) The Retail Frontages, Design & Signage Supplementary Planning Document (SPD), as detailed at Essential Reference Paper ‘B’ to this report, be approved for adoption; and

(C) In accordance with the Environmental Assessment of Plans and Programmes Regulations 2004 it has been determined that a Strategic Environmental Assessment of the emerging Retail Frontages, Design & Signage Supplementary Planning Document (SPD) is not required as it is unlikely to have significant environmental

effects.

To recommend to

Council that:

(A) the responses to the public consultation be noted

and the Officer responses and proposed changes to

the Anstey Conservation Area Appraisal and

Management Plan be supported;

(B) the Head of Planning and Building Control, in

consultation with the Executive Member for

Planning and Growth, be authorised to make any

further minor and consequential changes to the

document which may be necessary; and

(C) the Anstey Conservation Area Appraisal and

Management Plan be adopted.

Councillor J Goodeve submitted a report to enable Members to consider the Anstey Conservation Area Appraisal and Management Plan following public consultation.  She said the document had been deferred from the meeting of 26 February 2019 in order to consider a petition.  Following further engagement with the Parish Council and other representatives, additional paragraphs had been included.  Councillor Goodeve thanked all concerned, including the local District Ward Member, Councillor P Boylan. 

Councillor Boylan thanked Councillors March and Pledger of Anstey Parish Council for taking the time to meet with him and with Officers to resolve the issues. 

Councillor Haysey commended the work done, as such plans were very important for controlling the quality of development in conservation areas.

Councillor J Goodeve proposed, and Councillor P Boylan seconded, a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED - to recommend to Council that (A) the responses to the public consultation be noted and the Officer responses and proposed changes to the Anstey Conservation Area Appraisal and Management Plan be supported;

(B) the Head of Planning and Building Control, in

consultation with the Executive Member for

Planning and Growth, be authorised to make any

further minor and consequential changes to the

document which may be necessary; and

(C) the Anstey Conservation Area Appraisal and Management Plan be adopted.

Councillor E Buckmaster submitted a report for noting on a contract procedure exemption in respect of the leisure centre site at Grange Paddocks.  He explained that due to time constraints due process had been conducted by obtaining five quotations and that there was a saving from procuring specialist services rather than being undertaken through the Pre-construction Service Agreement. 

Councillor E Buckmaster proposed, and Councillor L Haysey seconded a motion to support the recommendation.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – to note the contract procedure exemption.

(A) To recommend to Council that there be no changes to the

scheme design for East Herts local Council Tax Support scheme

for 2020/21.

Councillor G Williamson submitted a report to enable Members to consider the latest available information around the current local Council Tax Support Scheme at East Herts and whether any changes to the scheme should be considered for 2020/21. He explained that the report had been considered by the Performance, Audit and Governance Oversight Committee. 

Councillor G Williamson proposed, and Councillor J Goodeve seconded, a motion to support the recommendations as detailed in the report.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED - (A) To recommend to Council that there be no changes to the scheme design for East Herts local Council Tax Support scheme for 2020/21.

(A) Approve implementing the discretionary business rates’

grant scheme using the same eligibility as criteria as

agreed in February 2017 but with following adjustments: 

-         Rateable value eligibility is between 12,000 – 51,000

to match the national retail rate relief scheme

-         Up to 50% of one year’s business rate liability is

availableafter all other discounts and exemptions

are applied

-         National chains not eligible to apply

-         Scheme in place until the national retail relief

scheme expires (31 March 2021) or the balance of

£65,079.07 is allocated (whichever is soonest)

(B)that the balance of £65,079.07 comes from the £150,000

allocated from the New Homes Bonus Reserve by

Executive in February 2017.

Councillor J Goodeve submitted a report updating the Executive on the discretionary rates business grant scheme that was introduced in April 2017 and seeking agreement to continue the scheme until the full funding was allocated. 

Councillor J Goodeve explained the operation of the scheme. 

Councillor L Haysey said the scheme encouraged new businesses in the areas, and had been refined to provide more clarity. 

Councillor M Pope asked about the disparity between take up for the Council’s scheme and the Government scheme. 

Councillor L Haysey said the schemes were not identical, so comparison was not straightforward, but businesses should be encouraged to consider whether the scheme was of value to them. 

Councillor J Goodeve proposed, and Councillor E Buckmaster seconded, a motion to support the recommendations detailed.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – (A) to approve implementing the discretionary business rates’ grant scheme using the same eligibility criteria as agreed in February 2017 but with following adjustments: 

-  Rateable value eligibility is between 12,000 – 51,000 to match the national retail rate relief scheme;

-              Up to 50% of one year’s business rate liability is available after all other discounts and exemptions are applied;

-              National chains not eligible to apply;

-              Scheme in place until the national retail relief scheme expires (31 March 2021) or the balance of £65,079.07 is allocated (whichever is soonest);

(B)     that the balance of £65,079.07 comes from the £150,000 allocated from the New Homes Bonus Reserve by

Executive in February 2017.

That

(A) the projected revenue budget forecast underspend of

£1k in 2019/20 be noted;

(B) the capital budget for 2019/20 is £77.940m, of which

£61.258m is to be carried forward to future years be

noted; and

(C) the reported performance for the period April 2019 to

June 2019 be noted.

Councillor G Williamson submitted a report on the quarterly budget monitoring for the quarter to 1 June 2019.  He highlighted areas of the report, in particular the fact that the net revenue budget for 2019/20 was £10.268m as set out in table 1, as funded by Council Tax; the report also referred to the forecast expenditure at 30th June 2019, which predicted a year end underspend of £1k; the revised capital budget for 2019/20 was £77.940m, of which £61.258m was to be carried forward to future years.  He gave further details as set out in the report, including performance analysis and customer feedback.

Councillor G Williamson proposed, and Councillor J Goodeve seconded, a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED – that (A) the projected revenue budget forecast underspend of £1k in 2019/20 be noted;

(B) the capital budget for 2019/20 is £77.940m, of which £61.258m is to be carried forward to future years be noted; and

(C) the reported performance for the period April 2019 to June 2019 be noted.

To receive a report of the Committee Chairman.

Councillor M Pope submitted a report from the last meeting of the Performance, Audit and Governance Oversight Committee. 

Councillor L Haysey commented on the useful discussion the Committee had on the section 106 work.  She said monitoring section 106 funds and expenditure was extremely complex, and the Officer now responsible should be congratulated for her excellent work. Councillor M Pope supported this commendation. 

Councillor A Curtis asked whether the Executive would reiterate its commitment to ensuring that the good work of monitoring section 106 monies continued, to ensure the Council was doing its best for residents in light of the District Plan implementation.  Councillor L Haysey concurred. 

Councillor G Williamson proposed, and Councillor G Cutting seconded, a motion to support the recommendation detailed.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED – to note the report of the Chairman of the Committee.

To receive a report of the Chairman of the Committee’s Task and Finish Group on Parking.

Councillor H Drake submitted an interim report on recent work of the Overview and Scrutiny Committee Task and Finish Group on parking. 

Councillor L Haysey said parking was very complex, and people had different needs. 

Councillor A Curtis asked a question on whether in Great Amwell residents’ needs at the station would be considered as part of the ongoing work.  Councillor Drake confirmed that representations would be considered from all ward councillors. 

Councillor G Cutting proposed, and Councillor P Boylan seconded, a motion to support the recommendation as detailed.  After being put to the meeting and a vote taken, the motion was declared CARRIED. 

RESOLVED – to note the report of the Chairman of the Task and Finish Group on Parking.

That:

(A) Executive approve that the leisure operating contract, for

the operation of Hartham Leisure Centre, Grange Paddocks

Leisure Centre and Ward Freman Pool be awarded to the

recommended tenderer as the most economically

advantageous bid; for the period 1 January 2020 to 31

December 2034 (with the ability to extend for an additional

five years), following a full EU competitive dialogue process

in accordance with the Public Contract Regulations 2015

(PCR 2015);

(B) Executive approve that the operation of Leventhorpe Pool

& Gym and Fanshawe Pool & Gym for the period 1 January

2020 to 31 December 2024 is included in the contract;

(C) Executive approves delegation to the Chief Executive in

consultation with the Head of Strategic Finance & Property

and Head of Legal and Democratic Services to enter into a

contract with the recommended Tenderer and make any

minor amendments to clarify, specify and optimise the

contract that should be required as part of the competitive

dialogue.

Councillor E Buckmaster submitted a report to conclude the re-procurement of the leisure operating contract and agree the award for the operation of Hartham and Grange Paddocks leisure centres and Ward Freman pool & gym, for the period 1 January 2020 to 31 December 2034 (fifteen years), with the ability to extend for a further five years.  The report also sought agreement of the award for the operation of Leventhorpe Pool & Gym and Fanshawe Pool & Gym for the period 1 January 2020 to 31 December 2024 (five years).

Councillor Buckmaster welcomed members of the Ware Swimming Club who were present.  He said a milestone would be reached as the matter would go to the Development Management Committee in November and December.  The project would be financially sustainable.  He highlighted the benefits of the contract for residents in terms of health and wellbeing, which would be in a financially sustainable way. 

Councillor Buckmaster said it was important to note that the operation of Leventhorpe Pool and Gym and of Fanshaw Pool and Gym would be included in the contract for the period specified in the recommendations.  The contract could not be announced until after the award had been made but would be able to be viewed once that award had taken place, via the Council’s contracts register on its website.  He thanked officers for their excellent work. 

Councillor G Williamson agreed with what had been said, as this was an exciting project and through the provision of leisure services the Council would gain financially. 

Councillor L Haysey commended the work which had been done on these major projects for the leisure centres. 

Councillor A Curtis thanked all those involved and said he welcomed the news for Ware residents.

Councillor A Alder said she welcomed the recommendations in relation to Leventhorpe Swimming Pool. 

Councillor E Buckmaster proposed, and Councillor G Williamson seconded, a motion to support the recommendations detailed in the reports.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

RESOLVED – that (A) Executive approve that the leisure operating contract, for the operation of Hartham Leisure Centre, Grange Paddocks

Leisure Centre and Ward Freman Pool be awarded to the recommended tenderer as the most economically advantageous bid; for the period 1 January 2020 to 31December 2034 (with the ability to extend for an additional five years), following a full EU competitive dialogue process in accordance with the Public Contract Regulations 2015 (PCR 2015);

(B) Executive approve that the operation of Leventhorpe Pool & Gym and Fanshawe Pool & Gym for the period 1 January 2020 to 31 December 2024 is included in the contract;

(C) Executive approves delegation to the Chief Executive in consultation with the Head of Strategic Finance & Property and Head of Legal and Democratic Services to enter into a contract with the recommended Tenderer and make any minor amendments to clarify, specify and optimise the

contract that should be required as part of the competitive dialogue.