Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on  18 October 2016 (circulated separately to Cabinet members).

The minutes of the meeting held on 18 October 2016 were agreed by the members present and signed by the Chairman.

The minutes of the meeting held on 18 October 2016 were agreed by the members present and signed by the Chairman.

To receive any apologies for absence.

None received

None received

To receive any declarations of interest

A member with a disclosable pecuniary interest or a personal interest in a matter who attends a meeting of the authority at which the matter is considered -

(i)            must disclose the interest at the start of the meeting or when the interest becomes apparent

and, if the interest is a disclosable pecuniary interest, or a personal interest which is also prejudicial

(ii)            may not participate in any discussion or vote on the matter (and must withdraw to the public seating area) unless they have been granted a dispensation.

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Members’ Register of Interests, or is not the subject of a pending notification, must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal and prejudicial interests are defined in Part 2 of the Code of Conduct for Members

[If a member is in any doubt as to whether they have an interest which should be declared they should seek the advice of the Monitoring Officer before the start of the meeting]

None received

None received

An opportunity for members of the public to make statements and ask questions in accordance with the rules as to Public Participation.

None received

None received

There were no referrals to Cabinet

None received

None received

That the Cabinet Forward Plan be noted, subject to the following amendments:

December 2016

Add New Build Update and Stationers Place Contract award

Add Budget Monitoring Q2

Defer Park Bye Laws to January

Defer Civic Centre Site Feasibility to January

Defer Review of Northgate CSCG contract to January

Remove Award of the Community Alarm Monitoring Contract report

January

Add Development Company Report

That the Cabinet Forward Plan be noted, subject to the following amendments:

December 2016

Add New Build Update and Stationers Place Contract award

Add Budget Monitoring Q2

Defer Park Bye Laws to January

Defer Civic Centre Site Feasibility to January

Defer Review of Northgate CSCG contract to January

Remove Award of the Community Alarm Monitoring Contract report

January

Add Development Company Report

This item was withdrawn from the agenda.

This item was withdrawn from the agenda.

1.     That the contents of the report be approved.

2.     That the additional workload arising from new responsibilities which impact on planning and development control be considered within the 2017/18 budget process be approved.

3.     That, in accordance with current policy, planning applications proposing Starter Homes in advance of formal government guidance being issued and enacted be resisted and for current policy to apply with regard to affordable homes. 

Decision

1.     That the contents of the report be approved.

2.     That the additional workload arising from new responsibilities which impact on planning and development control be considered within the 2017/18 budget process be approved.

3.     That, in accordance with current policy, planning applications proposing Starter Homes in advance of formal government guidance being issued and enacted be resisted and for current policy to apply with regard to affordable homes. 

Reason for Decision

To set out the implications for the Council and the Borough of the Housing and Planning Act 2016 and the Welfare Reform and Work Act 2016.

Financial

Housing and Planning Act

The impact on planning arises from the new and increased responsibilities that the Act brings in, specifically the creation and maintenance of the Brownfield Register and the technical requirements of assessing Permission in Principle.  There may also be an impact if there is an increased demand for Neighbourhood Plans which will require direct support.

There is a possible impact arising from the Act, and the associated Welfare Reform and Work Act, in reducing the amount of affordable accommodation that is available and increasing homelessness and possible bed and breakfast costs.

The sale of higher value council properties will require the HRA to pay an amount, as yet not known, to the Treasury each year.  It is estimated that this may be in the order of £5M per year which will require either actual sales to provide the funds or reductions in expenditure elsewhere in the HRA.

The administration of Pay to Stay may require top up funding within the Housing Revenue Account should the actual costs exceed the allowance from the government.

Welfare Reform and Work Act

The most significant impact arises from the 1% reduction in the rent of all Council homes that must apply each year for four years.  The impact of this compared to the previous rent policy is £30M over this period. This will be reflected in the Housing Revenue Account Business Plan but has already had the effect of restricting the new build programme beyond 2020.

The freezing of the Local Housing Allowance and other benefits, together with the reduction of the Benefit Cap, will directly lead to an increase in homelessness as tenants on Housing Benefit find their rents unaffordable.

Whilst all efforts will be made to cope with the additional workloads through existing resources it seems likely that some burden will fall to the Council.   

Risk Implications

The main risks identified are the potential increase in homelessness and reduction in the supply of genuinely affordable homes.

Health & Safety Implications

N/A

Equality Impact Assessments

The government has carried out the appropriate Equality Impact Assessments

Corporate Objectives

Ensuring economic growth.

Providing good quality affordable homes, in particular for those in most need.

A clean safe and enjoyable environment.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The report identifies a number of legislative changes which will have a significant impact on the Council and the borough as a whole.  The detail of many  ...  view the full minutes text for item CA/116/15

1)     That Cabinet approves the information provided on CIL Income and Expenditure at Appendix 1 of the Cabinet report and agrees to its publication as required under Regulation 62 of the CIL Regulations 2010 (as amended)

Resolved to Recommend:

2)     the Terms of Reference to the Infrastructure Advisory Group as set out in Appendix 3 of the Cabinet report, including that authority is delegated to the Chairman of the Infrastructure Advisory Group to approve spending of CIL receipts of up to £50,000 on projects not identified in the Infrastructure Business Plan.

3)     the allocations of CIL funds to those Infrastructure themes set out in Section 3 of the Cabinet report

4)     that funding is allocated to these themes for use in 2018/19 and 2019/20

5)     that submissions for CIL funds are encouraged from April 2017 using the CIL submission forms at Appendix 4.

6)     entry into the Memorandum of Understanding with Hertfordshire County Council as set out in Appendix 5 of the report to Cabinet

7)     that authority is delegated to the Assistant Director (Planning, Development and Regeneration) to:

(a)   finalise the wording of the CIL submission bid form and associated guidance notes; and

(b)   finalise guidance notes for Town and Parish Councils and Ward Councillors.

Decision

1)     That Cabinet approves the information provided on CIL Income and Expenditure at Appendix 1 of the Cabinet report and agrees to its publication as required under Regulation 62 of the CIL Regulations 2010 (as amended)

Resolved to Recommend:

2)     the Terms of Reference to the Infrastructure Advisory Group as set out in Appendix 3 of the Cabinet report, including that authority is delegated to the Chairman of the Infrastructure Advisory Group to approve spending of CIL receipts of up to £50,000 on projects not identified in the Infrastructure Business Plan.

3)     the allocations of CIL funds to those Infrastructure themes set out in Section 3 of the Cabinet report

4)     that funding is allocated to these themes for use in 2018/19 and 2019/20

5)     that submissions for CIL funds are encouraged from April 2017 using the CIL submission forms at Appendix 4.

6)     entry into the Memorandum of Understanding with Hertfordshire County Council as set out in Appendix 5 of the report to Cabinet

7)     that authority is delegated to the Assistant Director (Planning, Development and Regeneration) to:

(a)   finalise the wording of the CIL submission bid form and associated guidance notes; and

(b)   finalise guidance notes for Town and Parish Councils and Ward Councillors.

Reason for Decision

The report sets out proposals for the governance of the Community Infrastructure Levy (CIL) and seeks Council approval for them.

Implications

Financial

The cost of developing and implementing the Council’s CIL Policies and Procedures was borne by the Local Development Framework (LDF) budget. We are now in the process of collecting CIL and have set aside 5% of CIL receipts to cover the costs above and on-going administration (including Software costs and subscriptions) The costs are expected to be cost-neutral in the long term. Further information is set out in Appendix 1.

The Council is responsible for collecting and allocating significant sums of money to the delivery of infrastructure and needs an appropriate framework for the consideration of such matters.

Value for money

The Council will be responsible for allocating CIL money for spend, and thus will have a responsibility to ensure the efficient use of funds. Requests for CIL funding will be expected to demonstrate that the infrastructure project offers value for money with such matters being considered through the submission of projects.

Staff

The Council now employs two full time officers to deal with the daily administration and management of CIL and S106. These officers will be responsible for the initial consideration of CIL project submissions, the evolution of the CIL Charging Schedule, supporting policies and strategies together with the wider infrastructure planning function of the Council. Other Council staff will be involved in individual projects relating to the spending of CIL funds as the need arises. Where possible such matters have been incorporated into existing work practices (for example; Resident Services are working closely with Ward Councillors and Neighbourhood Action Groups over the allocation of Neighbourhood CIL)   

Land

The Council has an adopted Payment in Kind policy  ...  view the full minutes text for item CA/117/15

(1)   the Council to progress to formal designation of the Enterprise Zone on 1^st April 2017 subject to recommendation 3.

(2)   the Council enters into the Memorandum of Understanding (MOU), set out as Appendix 1 of the report, and delegates authority to the Corporate Director (Housing and Regeneration) to sign the MOU

(3)   a further report to be brought before the designation of the Enterprise Zone in April 2017 setting out an analysis of the final business plan and any other matters relating to the viability of the proposal

(4)   That authority be delegated to the Corporate Director (Housing and Regeneration) in consultation with the Corporate Director (Finance and Operations) and the Portfolio Holder for Finance and Resources to vary the terms of the MOU following completion subject to such variations being agreed with the other Enterprise Zone parties.

Decision

(1)    the Council to progress to formal designation of the Enterprise Zone on 1^st April 2017 subject to recommendation 3.

(2)    the Council enters into the Memorandum of Understanding (MOU), set out as Appendix 1 of the report, and delegates authority to the Corporate Director (Housing and Regeneration) to sign the MOU

(3)    a further report to be brought before the designation of the Enterprise Zone in April 2017 setting out an analysis of the final business plan and any other matters relating to the viability of the proposal

(4)    That authority be delegated to the Corporate Director (Housing and Regeneration) in consultation with the Corporate Director (Finance and Operations) and the Portfolio Holder for Finance and Resources to vary the terms of the MOU following completion subject to such variations being agreed with the other Enterprise Zone parties.

Reason for Decision

To inform Cabinet about the progress made on the Hertfordshire Enviro-Tech Enterprise Zone and to consider the requirement to agree the Memorandum of Understanding that will guide its eventual operation.

Implications

Financial

The immediate financial impact on the Council will largely be officer time in supporting the Enterprise Zone Board and contributing the operational sub-groups. This will be delivered within existing budgets.

If the Enterprise Zone is designated in April 2017 then all the Business rates growth will be retained within the zone and capable of use for infrastructure and other interventions to resolve transport deficiencies in and around Maylands in order to achieve economic growth. Once the infrastructure needs are met then there will be sharing of the retained income for use by the accountable bodies and Hertfordshire Local Enterprise Partnership, which will include Dacorum Borough Council.

Value for Money

Value for Money considerations are set out above.

Risk Implications

A risk assessment is attached as Appendix 2 to the report.

There is a risk that will need to be considered in the context of the St Albans Local Plan which, if stopped following the recent hearing on the meeting of its Duty to Cooperate, may well render the EZ unviable in terms of its ability to deliver the required level of resources for the infrastructure required in the Maylands and East of Hemel Hempstead area. If still an issue this matter will be considered in a further report to Cabinet before designation.

Health & Safety Implications

None applicable

Equalities Implications

No specific equalities impact assessment has been carried out at this point but will be factored into the business plan and actions of the EZ Board.

Corporate Objectives

Ensuring economic growth.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The Enterprise Zone (EZ) will commence on 1 April 2017 unless specific intervention is made by the local authorities, the LEP or the Secretary of State prior to that date.

The Memorandum of Understanding sets out the key objectives and commitments of the parties to work together in setting up and operating the EZ, but does not in itself designate the area which is approved by central government.  ...  view the full minutes text for item CA/118/15

This item was deferred to the meeting on 13 December 2016

This item was deferred to the meeting on 13 December 2016

Councillor Sutton thanked C Taylor and her team for organising the wonderful event in the town centre over the weekend which saw the Christmas lights switch on.