Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on 29 November 2016

The minutes of the meeting held on 29 November 2016 were agreed by the members present and signed by the Chairman.

The minutes of the meeting held on 29 November 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]

Councillors Marshall and Elliot declared a Personal Interest in Item 17 of the agenda, as they were members of Sportspace.

Councillors Marshall and Elliot declared a Personal Interest in Item 17 of the agenda, as they were members of Sportspace.

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

·        Councillor Guest

·        Lee Royal on behalf of West Hemel Action Group

·        Gruff Edwards on behalf of Dacorum Environmental Forum

Each made a statement regarding agenda item 14 ‘Dacorum Local Planning Framework Site Allocations Development Plan Document Proposed Modifications’. Minute CA/133/16.

·        Councillor Guest

·        Lee Royal on behalf of West Hemel Action Group

·        Gruff Edwards on behalf of Dacorum Environmental Forum

Each made a statement regarding agenda item 14 ‘Dacorum Local Planning Framework Site Allocations Development Plan Document Proposed Modifications’. Minute CA/133/16.

There were no referrals to Cabinet

None

None

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

·        January – Add ‘Senior Officer Pay Policy’

·        January – Add ‘Peer Review findings’

·        January – Move ‘HRA Business Plan Review’ to February.

·        February – Add ‘Appointment of Auditors 2017 & beyond’

·        April – Add ‘Grovehill Neighbourhood Plan’

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

·        January – Add ‘Senior Officer Pay Policy’

·        January – Add ‘Peer Review findings’

·        January – Move ‘HRA Business Plan Review’ to February.

·        February – Add ‘Appointment of Auditors 2017 & beyond’

·        April – Add ‘Grovehill Neighbourhood Plan’

1.             A refurbishment plan based on the alternative versionof Option 1 as outlined in section 4: The Proposed Way Forward be approved.   

2.           To commission and manage the refurbishment of Tring Swimming Pool and that authority be delegated to the Assistant Director (Performance, People & Innovation) in consultation with the Portfolio Holder for Resident and Corporate Services to procure and complete the contract for works.

Decision

1.            A refurbishment plan based on the alternative versionof Option 1 as outlined in section 4: The Proposed Way Forward be approved

2.           To commission and manage the refurbishment of Tring Swimming Pool and that authority be delegated to the Assistant Director (Performance, People & Innovation) in consultation with the Portfolio Holder for Resident and Corporate Services to procure and complete the contract for works.

Reason for Decision

For Cabinet to review and approve the recommendations for refurbishing Tring Swimming Pool. 

Community Impact Assessment

Community Impact Assessment carried out

Corporate Objectives

Clean, Safe and Enjoyable Environment – Swimming provision is central to delivering a borough that people can enjoy. This review will help ensure our approach continues to meet the needs of current and future residents.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The Council will need to ensure that it has documented agreement with Tring School prior to commencing the procurement process and complete the required access licences to carry out the work. 

The award of contact will need to follow a regulated procurement process and the build contract documented in an appropriate form of JCT contract.

S.151 Officer:

The costs of this project can be accommodated within the currently approved capital budget.

Advice

R Smyth noted that option 1 included the removal of the school changing rooms as lots of work was being done.

Councillor Williams added that there was currently no need to refurbish the school changing rooms.

Voting

None.

1.     That the budget monitoring position for each of the accounts below be noted;

Resolved to Recommend:

2.     Approval of the supplementary budgets set out below. Details for these supplementary budgets are set out in the body of the report to Cabinet and have a net nil impact on the General Fund Working Balance:

·     Increase the People and Performance Supplies and Services budget by £40k

·     Increase use of the Management of Change reserve by £40k

·     Increase the Community Partnerships Supplies and Services budget by £15k

·     Increase use of the Management of Change reserve by £15k

·     Increase the capital budget for Disabled Facilities Grants by £133k to reflect additional grant funding received

Decision

1.     That the budget monitoring position for each of the accounts below be noted;

Resolved to Recommend:

2.     Approval of the supplementary budgets set out below. Details for these supplementary budgets are set out in the body of the report to Cabinet and have a net nil impact on the General Fund Working Balance:

·     Increase the People and Performance Supplies and Services budget by £40k

·     Increase use of the Management of Change reserve by £40k

·     Increase the Community Partnerships Supplies and Services budget by £15k

·     Increase use of the Management of Change reserve by £15k

·     Increase the capital budget for Disabled Facilities Grants by £133k to reflect additional grant funding received

Reason for Decision

To provide details of the projected outturn for 2016/17 as at Quarter 2 for the:

•  General Fund

•  Housing Revenue Account

•  Capital Programme

Corporate Objectives

Delivering an efficient and modern council

Monitoring Officer/S.151 Officer Comments

Monitoring Officer  

 No further comments to add.

S.151 Officer

This is a Section 151 Officer report.

Advice

Councillor Elliot confirmed that he was confident that the council would finish within budget by the year end.

Councillor Griffiths was pleased to hear we would finish within budget.

Councillor Williams noted that budgets were tight and funding received had decreased, therefore making it more difficult to balance the budgets.

Voting

None.

1.     That the Collection Fund surplus estimate of £635,281.80 as at 31 March 2016 be approved

2.     That the calculation of the Council’s tax base for the year 2017/18 incorporating an estimated collection rate of 99.4% be approved

3.     That, in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the amount calculated by the Council as its tax base for the year 2017/18 shall be 56,415.4 and its constituent elements shall be:

Decision

1.     That the Collection Fund surplus estimate of £635,281.80 as at 31 March 2016 be approved

2.     That the calculation of the Council’s tax base for the year 2017/18 incorporating an estimated collection rate of 99.4% be approved

3.     That, in accordance with the Local Authorities (Calculation of Tax Base) Regulations 1992, the amount calculated by the Council as its tax base for the year 2017/18 shall be 56,415.4 and its constituent elements shall be:

Reason for Decision

1.     To agree the estimated Collection Fund surplus as at 31/03/2017

2.     To determine the Council Tax Base for 2017/18

Corporate Objectives

Not applicable

Monitoring Officer/S.151 Officer Comments

Deputy Monitoring Officer

No further comments to add

Section 151 Officer

This is a Section 151 officer report

Advice

Councillor Elliot introduced the report and explained that it was a statutory requirement. It reported the facts and helped inform the Parishes of their precepts.

Voting

None.

That the half-year report on targets and performance, in Sections 4-7 of the report to Cabinet be agreed.

Decision

That the half-year report on targets and performance, in Sections 4-7 of the report to Cabinet be agreed.

Reason for Decision

To provide Members with mid-year information on Treasury Management performance.

Community Impact Implications

There are no community impact implications

Corporate Objectives

Dacorum Delivers – Optimising investment income for General Fund and Housing Revenue budgets whilst managing investment risk is fundamental to achieving the corporate objectives.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

No comments to add to the report

S.151 Officer

This is a Section 151 Officer Report

Advice

Councillor Elliot explained that this was a statutory report which noted that the council’s return on investments were on budget.

J Deane added that the return on council investments was currently 0.6%.

Voting

None.

That the content of this report is noted

Decision

That the content of this report is noted

Reason for Decision

To provide the Quarter 2 update on the Strategic Risk Register

Corporate Objectives

Dacorum Delivers – Risk management is an essential part of ensuring that the Council meets all of its objectives

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

No comments to add to the report.

Deputy S.151 Officer

This is a Section 151 Officer report.

Advice

Councillor Elliot said that this report was for quarter 2. It had previously been to the Audit Committee on the 30^th of November 2016 and they scrutinised it very well. He noted that there were no concerns to be raised.

Voting

None.

1.     That the headline results from the forthcoming Authority Monitoring Report 2015/16 with regard to housing, employment and retailing be noted;

2.     That progress on the Local Planning Framework be noted; and

3.     That a new Local Development Scheme timetable (see Annex A) be agreed.

Decision

1.     That the headline results from the forthcoming Authority Monitoring Report 2015/16 with regard to housing, employment and retailing be noted;

2.     That progress on the Local Planning Framework be noted; and

3.     That a new Local Development Scheme timetable (see Annex A) be agreed.

Reason for Decision

To consider:

·        the Authority Monitoring Report for 2015/16;

·        progress on the Local Planning Framework; and

·        agreeing a new Local Development Scheme (LDS) timetable (see Annex A).

Corporate Objectives

The Authority Monitoring Report looks at the effectiveness of current planning policies – for example the achievement of the overall housing target and protection of green space/wildlife sites – and progress towards planning policy review (i.e. targets set out in the Local Development Scheme). It therefore provides a good summary of how the Council’s planning policies are supporting delivery of corporate objectives – especially those relating to affordable housing; safe and clean environment and regeneration.

As the policies within the Core Strategy and other planning documents are aimed at enabling growth, it also provides an indication of how the ‘Dacorum Delivers’ objective is being supported.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The Annual Monitoring Report is a requirement of the Town and Country Planning (Local Planning) (England) Regulations 2012 and is an important document to evidence the progress of the authority in meeting its key planning, housing and development objectives.    The report demonstrates that good progress is being made on key objectives, which is positive to note.

Deputy S.151 Officer

All costs incurred within 2015/16 have been recorded within the approved 2015/16 Statement of Accounts. All the costs incurred during 2016/17 will be met from within existing approved budgets. Any costs planned to be incurred during 2017/18 are being considered within the budget proposals submitted to allow approval of the budget in February 2017.

Advice

Councillor Sutton introduced the report and said that the purpose was to agree the new local development scheme timetable.

J Doe added that this was an annual report to Members and this one set out the statement for the rate of development for 2015/16.

Councillor Williams said it was good to see the council exceeding its housing target as this had not been done in previous years.

Voting

None.

Resolved to Recommend:

(a)   The updated Sustainable Development Advice Note and associated Sustainable Development Checklist to inform Development Control decisions be adopted; and

(b)   Authority be delegated to the Assistant Director, Planning, Development and Regeneration to make any necessary minor editorial changes to the Advice Note (Annex A of the report to Cabinet) and Checklist (Annex B of the report to Cabinet), prior to their final publication.

Decision

Resolved to Recommend:

(a)   The updated Sustainable Development Advice Note and associated Sustainable Development Checklist to inform Development Control decisions be adopted; and

(b)   Authority be delegated to the Assistant Director, Planning, Development and Regeneration to make any necessary minor editorial changes to the Advice Note (Annex A of the report to Cabinet) and Checklist (Annex B of the report to Cabinet), prior to their final publication.

Reason for Decision

To agree an updated advice note setting out how the Council apply its policies related to sustainable development in light of the recent government policy changes. 

Corporate Objectives

The Sustainable Development Advice Note (alongside updated Sustainable Development Checklist) supports the ‘Dacorum Delivers’ and ‘Clean and Safe Environment’ objectives.  It will improve efficiency and effectiveness of services through the provision of upfront and clear advice on the sustainable development. It also demonstrates that the Council is able to respond to changes in national policy in a prompt and effective manner. The note will continue to ensure that sustainability remain a focus for change within the borough.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

The updated Sustainable Development Advice Note will provide clarity to developers and ensure compliance with Core Strategy policies and is therefore recommended for approval.

Deputy S.151 Officer:

There are no direct financial implication so f this decision. Any resource implication in the future will need to be incorporated within the budget setting framework.

Advice

Councillor Sutton introduced the report and said its purpose was to agree an updated advice note setting out how the Council applied its policies related to sustainable development in light of the recent government policy changes. 

J Doe added that there were a number of changes included within the report. It set out the national situation and Dacorum’s response to it. The new advice note also set out examples of good practice.

Councillor Marshall asked if there would be any impact on staff as a result of this.

J Doe said no, if anything the process had been made simpler and the new checklist had simplified the process and the system being used.

Voting

None.

1)     The post hearing letter of 1^st November 2016 from the Site Allocations Planning Inspector (enclosed as Annex A to the Cabinet report) be noted;

2)     The schedule of Main Modifications, associated changes to the Policies Map (set out in Annex B) and accompanying Sustainability Appraisal Update Report (Annex C) for consultation be agreed;

3)     Authority be delegated to the Assistant Director – Planning, Development and Regeneration (in consultation with the Planning and Regeneration Portfolio Holder) to make any necessary changes to the location of the changes within the Schedules in Annex B to the Cabinet report and renumber accordingly;  agree any additional minor modifications required as a result of the above and to ensure the text of the plan is up-do-date; and

4)     Confirm arrangements for public consultation on the Main Modifications as set out in the report to Cabinet.

Decision

1)     The post hearing letter of 1^st November 2016 from the Site Allocations Planning Inspector (enclosed as Annex A to the Cabinet report) be noted;

2)     The schedule of Main Modifications, associated changes to the Policies Map (set out in Annex B) and accompanying Sustainability Appraisal Update Report (Annex C) for consultation be agreed;

3)     Authority be delegated to the Assistant Director – Planning, Development and Regeneration (in consultation with the Planning and Regeneration Portfolio Holder) to make any necessary changes to the location of the changes within the Schedules in Annex B to the Cabinet report and renumber accordingly;  agree any additional minor modifications required as a result of the above and to ensure the text of the plan is up-do-date; and

4)     Confirm arrangements for public consultation on the Main Modifications as set out in the report to Cabinet.

Reason for Decision

To agree a series of Main Modifications and associated map changes to the submitted Site Allocations DPD for consultation, in order to ensure the plan can be found ‘sound’ following examination

Equalities Implications

An Equality Impact Assessment has been carried out for the Core Strategy.  Equalities issues are also picked up as part of the Sustainability Appraisal Report that accompanies the Site Allocations document.

Corporate Objectives

The Site Allocations forms part of the Council’s Local Planning Framework, which as a whole helps support all 5 corporate objectives:

·        Safe and clean environment: e.g. contains policies relating to the design and layout of new development that promote security and safe access;

·        Community Capacity: e.g. provide a framework for local communities to prepare area-specific guidance such as Neighbourhood Plans, Town / Village Plans etc;

·        Affordable housing: e.g. sets the Borough’s overall housing target and the proportion of new homes that must be affordable;

·        Dacorum delivers:  e.g. provides a clear framework upon which planning decisions can be made; and

Regeneration: e.g. sets the planning framework for key regeneration projects, such as Hemel Hempstead town centre and the Maylands Business Park.

Monitoring Officer/S.151 Officer Comments

Monitoring Officer

The proposed main and minor modifications to Site Allocations are required to ensure that the plan can be found “sound” for adoption by the Secretary of State and are therefore recommended for further consultation.

Deputy Section 151 Officer

There are no direct financial implications of the recommended decisions. The costs of managing the process will be managed within existing approved budgets.

Advice

The Leader of the Council invited Councillor Guest, Gruff Edwards on behalf of Dacorum Environmental Forum and Lee Royal on behalf of West Hemel Action Groupto make their statements.

Councillor Guest made the following statement:

Leader, Cabinet, although I and my fellow Chaulden and Warners End councillors John Whitman and Graeme Elliot voted against the release of the Local Allocations, including LA3 from the Green Belt, the decision was made. It was disappointing, but it’s going to happen. The next battle is to get the infrastructure right to get the best deal for local residents, the environment and the  ...  view the full minutes text for item CA/133/15

Resolved to Recommend:

·        The Meeting Timetable for 2017/18 as set out in Annex A to the Cabinet report.

Decision

Resolved to Recommend:

·        The Meeting Timetable for 2017/18 as set out in Annex A to the Cabinet report.

Reason for Decision

To seek approval of the Meeting Timetable for 2017/18

Corporate Objectives

The various meetings of the Council, Cabinet and Committees support the achievement of the Council’s Corporate Objectives

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:

No comments to add to the report

Deputy S.151 Officer:

There are no direct financial implications of the recommendations.

Advice

None

Voting

None.

1.     Progress of the Council New Build Programme be noted

Resolved to Recommend:

2.     the approval of a supplementary estimate to fund a consultancy budget of £50,000 to develop plans to build new homes on 2 garage sites at Westerdale and Northend garage sites (as detailed in the report to Cabinet, subject to securing planning permission).

Decision

1.     Progress of the Council New Build Programme be noted

Resolved to Recommend:

2.     the approval of a supplementary estimate to fund a consultancy budget of £50,000 to develop plans to build new homes on 2 garage sites at Westerdale and Northend garage sites (as detailed in the report to Cabinet, subject to securing planning permission).

Reason for Decision

To provide a full update on the Council New Build Programme

Corporate Objectives

Delivering Affordable Housing

Monitoring Officer/S.151 Officer Comments

Monitoring Officer:  

No comments to add to the report.

Deputy S.151 Officer

The recommendations in this report require the approval of supplementary estimate of £50k to undertake the feasibility and associated work to progress the potential garage development scheme. This can be funded through the release of Section 106 funds already held by the Council.

Advice

E Brooks explained that the report was requested as a 6 monthly update. The report set out those developments already completed.

The purpose was to note progress of the Council New Build Programme and to recommend to Council,  the approval of a supplementary estimate to fund a consultancy budget of £50,000 to develop plans to build new homes on 2 garage sites at Westerdale and Northend garage sites (as detailed in the report, subject to securing planning permission).

Councillor Griffiths added that the Housing & Community Overview & Scrutiny had discussed the garage sites at the recent budget meeting and members supported the proposal.

Voting

None.

To consider passing a resolution in the following terms:

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the items in Part 2 of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that, if members of the public were present during those items, there would be disclosure to them of exempt information relating to the financial and business affairs of the Council and third party companies/organisations.

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3 & 5.

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the item in Part 2 of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that, if members of the public were present during this item, there would be disclosure to them of exempt information relating tothe financial and business affairs of the Council and third party

companies/organisations. (Minute CA/137/16, CA/138/16, CA/139/16)

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the item in Part 2 of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that, if members of the public were present during this item, there would be disclosure to them of exempt information relating tothe financial and business affairs of the Council and third party

companies/organisations. (Minute CA/137/16, CA/138/16, CA/139/16)

Local Government Act 1972, Schedule 12A, Part 1, paragraph 3

Full details are in the part 2 decision sheet.

Full details are in the part 2 minutes.

Full details are in the part 2 decision sheet.

Full details are in the part 2 minutes.

Full details are in the part 2 decision sheet.

Full details are in the part 2 minutes.