Agenda and minutes

To receive any announcements.

The Chairman (Councillor J Jones) welcomed Members, guests and the public to the meeting and reminded everyone that the meeting was being webcast.

He reminded Members of the recent sad news relating to former Councillor Bryan Smalley, who had passed away.  Bryan had represented Much Hadham ward on the District Council from 1976 until 1991 and had also been a County Councillor.  The funeral thanksgiving service was taking place on 17 May 2018, at 1.30 pm, at St Andrew’s church in Much Hadham.  As a mark of respect, Members stood and observed a minute’s silence.

On a happier note, the Chairman was pleased to welcome some special local residents who had received MBEs in this year’s Queen’s New Year Honours list.  He introduced Derek Clarke, Rebecca Foster and James Williams.

Derek Clarke had been honoured for services to young people in Hertfordshire.  He had joined The Broxbourne School as head of physics in 1969.  His hard work, dedication and outstanding commitment had been instrumental to introducing young people to outdoor pursuits, as well as helping them to achieve excellent, academic results.  In 1973, he had become head of the Outdoor Club, organising many youth hostelling and mountaineering trips abroad.  He had headed up the school’s Duke of Edinburgh Award Scheme, organising hundreds of Bronze and Gold expeditions.  Under his leadership, the school’s involvement in the Duke of Edinburgh Award Scheme had flourished with a very high uptake from students.  He had also organised numerous ‘Mountain Aid’ charity fundraising events and, as a talented violinist, took part in many musical events.  On his retirement from the Broxbourne School in 2005, he left behind a legacy with the Duke of Edinburgh Award Scheme that continued to enrich pupils’ school experiences.

Rebecca Foster was a champion for inclusive sport.  A course leader for physical education and a senior lecturer in Adapted PE at the University of Worcester, she had been recognised for services to inclusive sport and supporting young people to achieve their potential.  Rebecca had been a key player in the development of sporting opportunities for women and disabled people.  She had been a volunteer with UK Deaf Sport for over 11 years, which had led her to three consecutive Deaflympics as athletics coach and team manager.  At the university, she had set up a ‘Sign circle’ to increase the number of people able to communicate by sign language.  She had also developed a module within the Physical Education degree pathway titled ‘Teaching Special Education and Disability Physical Education in Schools’ and was responsible for ensuring modules ran across academic institutes, enhancing the diversity of choice for students.  Her work was among that which had led to the institution being shortlisted for the Times Higher Education University of the Year 2016.  Professor David Green, University of Worcester Vice Chancellor and Chief Executive, had said “Rebecca’s work to include people in education, sport and society is simply inspirational.”  She had also been recognised for her remarkable dedication towards her students, acting  ...  view the full minutes text for item 1.

To elect the Chairman of the Council for 2018-19, following which the Chairman will make the statutory declaration of acceptance of office.

It was moved by Councillor L Haysey and seconded by Councillor K Crofton that Councillor K Warnell be elected Chairman of the Council to hold office for the civic year 2018/19.

After being put to the meeting and a vote taken, Councillor K Warnell was elected Chairman of the Council for the civic year 2018/19.

RESOLVED - that Councillor K Warnell be elected Chairman of the Council and hold office for the civic year 2018/19.

The newly-elected Chairman made the statutory Declaration of Acceptance of Office, and took the Chair.

To appoint the Vice-Chairman for 2018-19, following which the Vice-Chairman will make the statutory declaration of acceptance of office.

It was moved by Councillor D Oldridge and seconded by Councillor M Allen that Councillor J Kaye be appointed Vice-Chairman of the Council to hold office for the civic year 2018/19.

After being put to the meeting and a vote taken, Councillor J Kaye was appointed Vice-Chairman of the Council for the civic year 2018/19.

RESOLVED - that Councillor J Kaye be appointed Vice-Chairman of the Council and hold office for the civic year 2018/19.

The Vice-Chairman made the statutory Declaration of Acceptance of Office and in thanking Members, looked forward to supporting the Chairman over the coming year.

To receive any announcements of the newly-elected Chairman

The Chairman (Councillor K Warnell) thanked Members for giving him the honour of representing the District Council over the coming year.  He thanked the Past Chairman, Councillor J Jones and presented him with his Past Chairman’s badge.  He also added his congratulations to the New Year’s Honours recipients.

He looked forward to using his time as Chairman to promote East Herts and its values.  He spoke of the diversity within the District and referred to a recent inter-faith meeting he had attended with Councillor J Kaye.  He hoped to organise a festival to celebrate cultural diversity which might include food, dance and displays to promote unity and cohesion. 

He referred to 2018 as the centenary of the Armistice and advised that a themed civic service “to end all wars” was being organised in conjunction with the Mayor of Bishop’s Stortford, Councillor G Cutting and would be held on 1 July 2018.

The Chairman advised that his main charities would be Mind and Isabel Hospice, but other charities would also benefit.  He referred to other events being planned, which included “Music in the Garden” on 29 July 2018, at Hopley’s garden centre in Much Hadham, a rock n’ roll night and a “Fawlty Towers” dinner.

Finally, the Chairman congratulated Councillor P Ruffles, who at 43 years, a few days and still counting, had become the longest-serving Member ever on the Council.

To approve as a correct record and authorise the Chairman to sign the Minutes of the Council meeting held on 1 March 2018.

The Chairman moved, and Councillor J Wyllie seconded, a motion that the Minutes of the previous meeting be approved as a correct record and signed by the Chairman.

After being put to the meeting, and a vote taken, this was CARRIED.

RESOLVED – that the Minutes of the Council meeting held on 1 March 2018, be approved as a correct record and signed by the Chairman.

To receive any Members' declarations of interest.

In respect of Minute 10 – Community Governance Review of Bishop’s Stortford, Councillors D Abbott, G Cutting, H Drake, Mrs D Hollebon, G Jones, G McAndrew, S Stainsby, N Symonds, T Page, K Warnell, C Woodward and J Wyllie each declared a non-pecuniary interest as they were members of Bishop’s Stortford Town Council.

In respect of Minute 13 – Ardeley Parish Conservation Area Appraisal and Management Plan, Councillor K Crofton declared a non-pecuniary interest as he was a member of Ardeley Parish Council.  On the same item, Councillor P Kenealy declared a non-pecuniary interest on the basis that he was a resident of Ardeley.

To receive any petitions.

Parish Councillor Robin Lumsden, Chairman of Thorley Parish Council, presented a petition signed by 960 people, which had been submitted calling for no change to the current boundary between Thorley village and Bishop’s Stortford.  He believed this represented the depths of local feeling and suggested that no evidence to support the changes had been submitted.  He contended that the people most impacted by the proposed changes, if agreed, did not want any changes.

Councillor G Williamson thanked the petitioner and advised that he would address the points made later in the meeting (see Minutes 8 and 10).

To receive any public questions.

The Chairman advised that eight questions had been submitted by the public and they would all be answered by the Executive Member for Finance and Support Services.

Question 1

Colin Arnott, Thorley, referenced the Executive’s recommendations to the Council and noted that these now proposed to make more limited changes to the Thorley Parish boundary than that requested by the Town Council.  However, with regard to the areas still recommended for transfer to Bishop’s Stortford, whilst seeing the logic of unifying St Michael’s Mead, the site south of Whittington Way was an entirely different issue.  He asked why a CGR of 53 hectares of agricultural land with no residents was required at this time or if ever.  The Town Council had suggested that, if and when this site was developed, future residents “are likely to feel of part of Bishop’s Stortford” yet offered no compelling evidence for this.  Indeed, the consultations with existing Thorley residents suggested the opposite.  Therefore, he also asked if a CGR of this area was appropriate at this time or whether it should be left to await the outcome of any potential development and the actual views of any future residents.

In reply, the Executive Member commented that, in carrying out a community governance review, the Council was required to have regard to the number of electors in the areas under review and any change in that number which was likely to occur in the next five years.  Electorate forecasts based on existing planning consents and projections in the East Herts District Plan suggested that by February 2023, there would be 300 dwellings on the site south of Whittington Way, which would be home to approximately 500 electors.

The current parish boundary ran through the site and therefore, when the site was developed, the boundary would no longer meet the Local Government Boundary Commission’s guidance which was that parish boundaries ‘should reflect the “no-man’s land” between communities […] or barriers such as rivers, roads or railways.’

The Executive, in reaching its recommendations to Council, had taken account of relevant information and the range of arguments presented by parties regarding the Review, including the views of the Overview and Scrutiny Committee.  It had considered that once developed, the area concerned would be sufficiently different in character to other parts of Thorley Parish and that future residents of this urban extension to the town of Bishop’s Stortford were likely to feel part of the Bishop’s Stortford community. 

Question 2

Roger Halford, Thorley, asked what compelling evidence had been submitted to Bishop’s Stortford Town Council that must have caused them to ask for a Community Governance Review (CGR) to make drastic change to the town boundary with Thorley Parish, probably leading to the demise of the parish.  Now that a considerably changed version of the request had been put forward through the Executive, had the Town Council’s original request been withdrawn and a new CGR proposed by the District Council.  Further, if a new CGR was put forward by  ...  view the full minutes text for item 8.

To receive a report from the Leader of the Council and to consider recommendations on the matters below:

RESOLVED – that the Minutes of the Executive meeting held on 24 April 2018 be received.

(see also Minutes 10 – 14)

Council considered a report on the Community Governance Review (CGR) of Bishop’s Stortford Town Council.  The Executive Member for Finance and Support Services presented the responses received during the initial consultation period for the CGR of Bishop’s Stortford Town Council, together with the recommendations of the Executive.  He referred to the criteria for making recommendations and the timetable for a further round of consultation on the recommendations agreed by Council.

Councillor G Williamson moved, and Councillor S Rutland-Barsby seconded a motion that the recommendations as printed in the report now submitted, be approved, except for recommendation (B)2 being split into (a) and (b) to separate the St Michael’s Mead and the land south of Whittington Way issues.

In response to Members’ questions and comments, it was confirmed that the consultation period would begin by the end of the next week in May and run until the last week in July 2018.

The Chairman agreed to a request that each recommendation be put individually for Council to determine.

After being put to the meeting, and a vote taken individually, the recommendations now detailed were declared CARRIED.

Council approved the recommendations now detailed.

RESOLVED – that (A) the responses received to the initial consultation on the Community  Governance Review of Bishop’s Stortford Town Council, together with the recommendations of the Executive in relation to the review, be received; and

(B)       the draft recommendations of the Community Governance Review be approved as the basis for a further round of public consultation as follows:

(1)                 that the detailed ward boundary changes within the existing area of Bishop’s Stortford Town Council, as proposed by the Town Council and shown in the maps included in Essential Reference  Paper B of the report submitted, be agreed;

(2)                 (a)       that the whole of the St Michael’s Mead development be incorporated within Bishop’s Stortford; and

(b)       the proposed area of further housing development south of Whittington Way be incorporated within Bishop’s Stortford;

(3)                 that Thorley Street and the areas east of London Road and the railway, including Pig Lane and Twyford Bury Lane remain part of Thorley parish;

(4)                 that the revised parish boundary between Bishop’s Stortford and Thorley be as shown in the plan at paragraph 7.35 of the report now submitted;

(5)                 that the Local Government Boundary Commission for England be recommended to amend the district ward boundaries accordingly;

(6)                 that the revised area of Thorley Parish Council be unwarded; and

(7)       that the revised Thorley Parish Council comprise of five parish councillors.

(see also Minute 9)

Council considered a report on the Community Governance Review (CGR) of Buntingford Town Council.  The Executive Member for Finance and Support Services presented the responses received during the initial consultation period for the CGR of Buntingford Town Council, together with the recommendations of the Executive.  He referred to the criteria for making recommendations and the timetable for a further round of consultation on the recommendations agreed by Council.

Councillor G Williamson moved, and Councillor L Haysey seconded a motion that the recommendations as printed in the report now submitted, be approved.

Councillor J Jones expressed his support for the recommendations.

After being put to the meeting, and a vote taken, the recommendations were declared CARRIED.

Council approved the recommendations now detailed.

RESOLVED – that (A) the responses received to the initial consultation on the Community Governance Review of Buntingford Town Council, together with the recommendations of the Executive in relation to the review, be received; and

(B)       the draft recommendations of the Community Governance Review be approved as the basis for a further round of public consultation as follows:

(1)                 that the area including Parkside and the new housing development north of Park Farm Industrial Estate, shown as Area ‘A’ on the map in Essential Reference Paper B of the report submitted and currently in Cottered Parish, be incorporated within the area of Buntingford Town Council; 

(2)                 that the Local Government Boundary Commission for England be recommended to amend the district ward and county division boundaries accordingly; and

(3)                 that the area occupied by Buntingford Business Park, shown as Area ‘B’ on the map in Essential Reference Paper B of the report submitted, remain part of Aspenden Parish and that no change be made to the parish boundary between Buntingford and Aspenden.

(see also Minute 9)

Council considered a report on the Community Governance Review (CGR) of Eastwick & Gilston Parish Council.  The Executive Member for Finance and Support Services presented the responses received during the initial consultation period for the CGR of Eastwick & Gilston Parish Council, together with the recommendations of the Executive.  He referred to the criteria for making recommendations and the timetable for a further round of consultation on the recommendations agreed by Council.

Councillor G Williamson moved, and Councillor E Buckmaster seconded a motion that the recommendations as printed in the report now submitted, be approved.

After being put to the meeting, and a vote taken, the recommendations were declared CARRIED.

Council approved the recommendations now detailed.

RESOLVED - that (A) the responses received to the initial consultation on the Community Governance Review of Eastwick & Gilston Parish Council, together with the recommendations of the Executive in relation to the review, be received; and

(B)       the draft recommendations of the Community Governance Review be approved as the basis for a further round of public consultation as follows:

That the number of parish councillors to be elected to Eastwick and Gilston Parish Council by electors in Gilston Parish be increased from three to four, thereby increasing the total size of the grouped parish council with effect from the May 2019 parish elections to seven councillors. 

(see also Minute 9)

Council considered the recommendations of the Executive in respect of the Ardeley Parish Conservation Area Appraisal and Management Plans. 

Councillor K Crofton referred to the local support for this matter.

The Leader moved, and Councillor M Allen seconded, the recommendations as now detailed.  After being put to the meeting, and a vote taken, the recommendations were declared CARRIED.

Council approved the recommendations now detailed.

RESOLVED – that (A) the responses to the public consultation be noted and the Officer responses and proposed changes to the Ardeley Parish Conservation Area Appraisal and Management Plans be supported;

(B)   authority be delegated to the Head of Planning and Building Control, in consultation with the Executive Member for Development Management and Council Support, to make any further minor and consequential changes to the  document which may be necessary; and

(C)   the Ardeley Parish Conservation Area Appraisal and Management Plans incorporating the three conservation areas of Ardeley, Moor Green and Wood End be adopted.

(see also Minute 9)

Council considered the recommendations of the Executive in respect of Old River Lane Resources. 

The Leader moved, and Councillor G Jones seconded, the recommendations as now detailed.  After being put to the meeting, and a vote taken, the recommendations were declared CARRIED.

Council approved the recommendations now detailed.

RESOLVED – that (A) up to £161,893 from the Priority Spend Reserve is allocated for recruiting a project manager on a 3 year fixed term contract (subject to the outcome of the Northgate End planning application) for the Old River Lane Project; and

(B)   up to £100,000 from the Priority Spend Reserve is allocated for any ancillary legal costs for Old River Lane.

(see also Minute 9)

To consider a report of the Constitution Review Group

Council considered a report of the Constitutional Review Group on a revised constitution.  Councillor B Deering referred to the length of time taken to complete this work and the detailed work undertaken on reviewing the constitution.  He thanked Officers for their support to the Group.

Councillor B Deering moved, and Councillor L Haysey seconded, a motion that the recommendations now detailed, be approved.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

Council approved the recommendations as now detailed.

RESOLVED – that (A) the revised Council Constitution be approved;

(B)     the Monitoring Officer be authorised to make any minor amendments, correcting typographical or drafting errors and ensure all cross-references within the Constitution are correct prior to publication;

(C)     Members of the Constitution Working Group be thanked for their contribution to the drawing up of the revised Constitution; and

(D)    the Monitoring Officer be authorised to make any consequential changes to the Constitution arising from any legislative changes or other decisions that may be taken during the year.

To consider a report of the Head of Legal and Democratic Services

The Head of Legal and Democratic Services submitted a report reviewing the Council’s decision-making structure.  Council noted that the Leader had given notice that an additional Executive Member had been appointed and the consequent impact on portfolio areas was detailed in Essential Reference Paper ‘B’ of the report submitted.

Council was also advised that the size of the Conservative Group was now 45 and that there were now four sole independent Members.  A revised list of group nominations to seats had been circulated at the updated Essential Reference Paper ‘D’.  This included the appointment of Chairmen to committees and it was noted that Vice-Chairmen would be appointed at each committee’s first meeting.

Councillor G Williamson moved, and Councillor D Andrews seconded, a motion that the recommendations now detailed, be approved.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

Council approved the proposals as now detailed.

RESOLVED – that (A) the following Scrutiny Committees, Regulatory Committees and Joint Committees be appointed, with the number of voting Members stated:

(B)       the allocation of seats on committees in (A) above, as detailed at Essential Reference Paper ‘C’ of the report submitted, be approved;

(C)       the membership and Chairmen of Scrutiny Committees, Regulatory Committees, joint Committees be as set out in Essential Reference Paper ‘D’ of the report submitted, with Members being appointed in accordance with the wishes of the political group to whom the seats on these bodies have been allocated;

(D)      the intention of the Leader of the Council to appoint 6 Members to the Executive (in addition to the Leader) with the portfolio responsibilities as detailed at Essential Reference Paper ‘B’ of the report submitted, be noted;

(E)       the programme of Council meetings, as detailed at paragraph 5.1 of the report submitted, be approved;

(F)       the Head of Legal and Democratic Services be authorised to make changes in the standing membership of committees and joint committees in (A) above, in accordance with the wishes of the political group to whom seats on these bodies have been allocated;

(G)      the action to be taken by the Head of Legal and Democratic Services, in consultation with the Leader, under delegated authority, concerning the appointment of representatives to outside bodies, be noted; and

(H)      the Monitoring Officer be authorised to make such amendments to the Council’s constitution as may be necessary to account for the decisions in (A) to (G) above.

To consider a report of the Head of Legal and Democratic Services

Council considered an annual report reviewing the activities of outside bodies to which the Council appointed representatives

Councillor J Wyllie moved, and Councillor Mrs D Hollebon seconded, a motion that the recommendation now detailed, be approved.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

Council approved the recommendation now detailed.

RESOLVED – that the reports of Members, as now submitted, be received.

To consider a report of the Monitoring Officer.

The Monitoring Officer submitted a report requesting an extension to the current Members’ Allowances Scheme until 25 July 2018.

Councillor I Devonshire moved, and Councillor P Moore seconded, a motion that the recommendation now detailed, be approved.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

Council approved the recommendation now detailed.

RESOLVED – that the deadline for consideration of the Members’ Allowance Scheme 2017/18 be extended until the next meeting of Council on 25 July 2018.

To consider a report of the Head of Legal and Democratic Services

Council was invited to consider a recommendation from the Human Resources Committee meeting of 18 April 2017 on the Pay Policy Statement 2018/19 (Minute 440 refers).  Council noted that a Pay Policy Statement was required to be produced annually under the Localism Act 2011. 

Councillor C Woodward moved, and Councillor B Deering seconded, a motion that the recommendation now detailed, be approved.  After being put to the meeting, and a vote taken, the motion was declared CARRIED.

Council approved the recommendation now detailed.

RESOLVED – that the Pay Policy Statement 2018/19 be approved.

Chairman: Councillor D Andrews

Councillor D Andrews moved, and Councillor G Cutting seconded, a motion that the Minutes now detailed, be received.  After being put to the meeting, and a vote taken, the Minutes were received.

RESOLVED – that the Minutes of the Licensing Committee meeting held on 15 November 2017, be received.

Chairman: Councillor M Allen

Councillor M Allen moved, and Councillor J Goodeve seconded, a motion that the Minutes now detailed, be received.  After being put to the meeting, and a vote taken, the Minutes were received.

RESOLVED – that the Minutes of the Overview and Scrutiny Committee meetings held on 12 December 2017 and 20 February 2018, be received.

Chairman: Councillor C Woodward

Councillor C Woodward moved, and Councillor S Bull seconded, a motion that the Minutes now detailed, be received.  After being put to the meeting, and a vote taken, the Minutes were received.

RESOLVED – that the Minutes of the Human Resources Committee meeting held on 10 January 2018, be received.

Chairman: Councillor M Pope

Councillor M Pope moved, and Councillor M Allen seconded, a motion that the Minutes now detailed, be received.  After being put to the meeting, and a vote taken, the Minutes were received.

RESOLVED – that the Minutes of the Performance, Audit and Governance Scrutiny Committee meeting held on 16 January 2018, be received.

Chairman: Councillor T Page

Councillor T Page moved, and Councillor J Jones seconded, a motion that the Minutes now detailed, be received.  After being put to the meeting, and a vote taken, the Minutes were received.

RESOLVED – that the Minutes of the Development Management Committee meetings held on 31 January, 27 March and 28 March 2018, be received.