Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on  20 October 2015 (circulated separately to Cabinet members).

The minutes of the meeting held on 20 October 2015 were agreed by the members present and signed by the Chairman

The minutes of the meeting held on 20 October 2015 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

There was no public participation.

There are no referrals to Cabinet

None received

There were no referrals to Cabinet.

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

15 December Move Hemel Hempstead Town Centre Parking Access and Movement Strategy to January meeting.

26 January – Add The Forum Category C

9 February - Budget & Council Tax setting, amend author to James Deane

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

15 December Move Hemel Hempstead Town Centre Parking Access and Movement Strategy to January meeting.

26 January – Add The Forum Category C

9 February - Budget & Council Tax setting, amend author to James Deane

RESOLVED TO RECOMMEND

1.     That the supplementary budgets set out below be agreed. 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 Electoral Registration Budget by £42k

· Increase Other Government Grants Budget by £42k

· Decrease the budget for Conducting Elections by £30k

· Decrease use of the Elections Reserve by £30k

· Approve the recommended virement of underspends set out in Section 6 of the report to cabinet.

Decision

That Cabinet:

RESOLVED TO RECOMMEND

1.     That the supplementary budgets set out below be agreed. 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 Electoral Registration Budget by £42k

· Increase Other Government Grants Budget by £42k

· Decrease the budget for Conducting Elections by £30k

· Decrease use of the Elections Reserve by £30k

· Approve the recommended virement of underspends set out in Section 6 of the report to cabinet.

Reason for Decision

To provide details of the projected outturn for 2015/16 as at Quarter 2 for the:

•  General Fund

•  Housing Revenue Account

•  Capital Programme

Implications

Financial

Financial and Value for Money implications are included within the body of the report.

Risk Implications

Risk implications are included within the body of the report.

Equalities Implications

There are no equality implications

Health And Safety Implications

There are no health and safety implications

Corporate Objectives

Dacorum Delivers

Advice

The Portfolio Holder for Finance & Resources explained that this report incorporated performance for quarter 2 of 2015/16 and Cabinet were asked to agree the small adjustments listed in the recommendations. Overall the projected overspend had reduced from £785k to £274k, the challenge was to reduce this to zero over the next 6 months. In addition, the outcome of the unknown chancellor’s statement would also be a challenge.

Consultation

Consultation took place with:

·        Budget Managers

Voting

None.

That the new Dacorum Compact (2015 – 2019) be approved.

Decision

That the new Dacorum Compact (2015 – 2019) be approved.

Reason for Decision

To seek the agreement for the new Dacorum Compact (2015 – 2019).

Implications

Financial

There are no financial implications for the Dacorum Compact.

Value for Money

The Dacorum Compact will promote greater partnership working between sectors, improved relationships which can lead to enhanced service delivery and efficiencies.

Risk Implications

If the commitments in the new Dacorum Compact are not carried out it may be open to criticism from the Voluntary and Community Sector (VCS) but this has been mitigated by extensive consultation and involvement of both statutory and VCS to try to ensure the commitments are attainable and agreeable. Also section titled ‘Who to contact if things go wrong’ on page 11 includes peaceful resolution and signposting to Community Action Dacorum for further help.

·        By not having an up to date, current and agreed Dacorum Compact, it could lead to a breakdown in working relationships between Dacorum Borough Council and the VCS.  This is particularly important at this current time as the Council are embarking on commissioning services with the funding that was previously allocated through the Strategic Partner Programme. 

Community Impact Assessment

Community Impact Assessment carried out 28 October 2015

Health And Safety Implications

None.

Corporate Objectives

1.     Community Capacity: enabling self-help and volunteering to build communities.

2.     Dacorum Delivers: developing more effective ways of delivering services which meet customer expectations.

Advice

The Portfolio Holder for Residents & Corporate Services explained that the Dacorum Compact is a local agreement between the statutory sector and the VCS. It was initially agreed and published in 2002 and then refreshed in 2007/8. Dacorum has a long history of partnership working across the two sectors but with changes to the relationship such as commissioning, it is important to have an up to date Compact which reflects the current context.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services asked if this would be published on the council’s website.

In addition, the Portfolio Holder for Residents & Corporate Services requested that it be advertised on the front page of the website, on the moving scroll.

E Tweed confirmed it would be published on the council’s website and she would speak to Communications with regards to including it on the front page scroll.

Consultation

Consultation took place with:

·       DBC staff, CMT and managers of people

·       Strategic Partners and the wider Voluntary & Community Sector

·       All Council Members 

Voting

None.

RESOLVED TO RECOMMEND

1. That the updated HRA Business Plan be approved.

2. That the revised development programme budgets as set out in the Part II appendix to the  report to Cabinet be approved.

Decision

RESOLVED TO RECOMMEND

1. That the updated HRA Business Plan be approved.

2. That the revised development programme budgets as set out in the Part II appendix to the  report to Cabinet be approved.

Reason for Decision

To update Cabinet on the Annual Review of the Council’s Housing Revenue Account Business Plan.

Financial

Regular review of the Council’s HRA Business Plan is essential to ensure short, medium and long term viability of the plan.

Value for Money

All contracts and services are tendered in line with the Council’s procurement procedures to ensure VFM.  The Landlord Service also compares costs annually with other social landlords through ‘Housemark’ benchmarking data.

Risk Implications

Monitoring of the HRA Business Plan has been identified as a Key Risk of the Housing Service and is reported to the Council’s Housing & Communities Overview & Scrutiny Committee on a quarterly basis.

Community Impact Assessment

The Housing Revenue Account is a ‘ring fenced’ account for the income and expenditure solely related to the Council’s housing stock, tenants and leaseholders.

Health And Safety Implications

Health & Safety is identified as a Key Service Risk for Housing and therefore reported to the Council’s Housing & Community Overview & Scrutiny Committee on a quarterly basis.

Corporate Objectives

Affordable Housing.

Advice

The Portfolio Holder for Housing said the plan had been updated with the latest information and felt that this was a sensible way forward.

The Assistant Director for Housing noted that the document had been through Overview and Scrutiny and the Tenant and Leaseholder Committee. He added that even if there were no imminent changes it would still need a robust annual review. He was unsure how the policy would look after four years as the future had to include sales of certain properties of certain types and right to buy.

The Overview & Scrutiny Committee were unsure how there could be a business plan with so many unknowns and therefore felt that it may have to be looked at more frequently that an annual review.

He explained that a development document was included within the business plan, which set out that there would be no new build after 2020. There had been a proposal to include 30 properties per year for the last few years; however this had been pulled out due to financial reasons.

The Portfolio Holder for Housing added that the team had worked well to produce the business plan which had both positives and negatives.

The Leader of the Council felt that the plan was subject to a degree of guess work. He asked if the Tenant and Leaseholder committee expressed any feelings towards loss of stock or on rent reductions.

The Assistant Director for Housing replied that they felt it was too good to be true. They had never thought about rent levels as they are keen for the council to achieve its needs. They were happy to protect rent rates and increase new homes.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services

questioned the appendix to the report and the  ...  view the full minutes text for item CA/26/15

1.     That the new Young Persons’ Housing Strategy 2016 - 2020 as set out in Appendix 1 of the report to Cabinet for a six week consultation period be approved.

2.     That approval of the Young Persons’ Housing Strategy 2016 – 2020 following consultation be delegated to the Assistant Director (Housing) in consultation with the Portfolio Holder for Housing.

Decision

1.     That the new Young Persons’ Housing Strategy 2016 - 2020 as set out in Appendix 1 of the report to Cabinet for a six week consultation period be approved.

2.     That approval of the Young Persons’ Housing Strategy 2016 – 2020 following consultation be delegated to the Assistant Director (Housing) in consultation with the Portfolio Holder for Housing.

Reason for Decision

To seek Cabinet approval for the new Young Persons’ Housing Strategy 2016 - 2020 (Appendix 1) prior to commencing a formal six week consultation period  and to agree appropriate delegations to approve the strategy following consultation.

Implications

Financial

There are no financial commitments made in the strategy, and the majority of the strategy relates to focusing, targeting, and maximising benefits from existing resources.

The strategy commits to exploring options to use some of its Housing Revenue Account (HRA) assets in different ways.  These could have some financial implications in order to be achieved and therefore the strategy recognises that an options appraisal with financial information would be required before proceeding.

Customer profiling commitments in the strategy feed into a larger piece of work in the housing service plan for 2016/17 that has already been budgeted for.

Value for Money

·   Direct costs to the Council

This strategy sets out evidence that younger age groups are currently presenting a direct cost to the Council due to:

-    The likelihood of experiencing housing need or homelessness; and

-    Difficulties sustaining council tenancies and likelihood of having rent arrears.

Reorganising / refocusing some of the housing service’s resources to target factors associated with these costs would produce a savings benefit to the Council in terms of improved income collection rates and reduced homelessness.

This sits within a wider context of trying to use evidence to focus resources on preventable causes of costs, as part of a move to make the housing service more proactive, flexible, and sophisticated.

Wider economic costs

The Council recognises the importance of its young people to its future economic success. 

The current housing market in Dacorum presents specific challenges to younger people at the start of their adult lives and careers.  Young individuals and families in unsuitable housing, or without suitable support to maintain a tenancy successfully, may experience high levels of anxiety in relation to their housing and financial situation, which may have knock on effects on many areas of life, including employment prospects, children’s wellbeing, and household health.  These effects have costs for the wider economic performance of Dacorum. 

Value for money savings can therefore be achieved through recognition of the needs of this group and focusing resources effectively.

Risk Implications

There are both direct cost and wider economic risks to the Council if it does not respond to the evidence about younger people and their capacity to resolve their housing need and sustain tenancies within Dacorum.

There is a financial risk to ‘doing-nothing’ and this strategy identifies how the Council can make use of its resources to invest-to-save.

Equalities Implications

This strategy has been  ...  view the full minutes text for item CA/27/15

1.     That the employment/commercial element of the Woodhouse site to be developed as an extension of Maylands Business Centre be approved in principle and a detailed business case be developed for further approval.

2.     That the main contract to construct 14 new Council homes at Able House, Figtree Hill be awarded to Taylor French Developments Ltd

3.     That the progress on the New Build Programme be noted.

Decision

1.     That the employment/commercial element of the Woodhouse site to be developed as an extension of Maylands Business Centre be approved in principle and a detailed business case be developed for further approval.

2.     That the main contract to construct 14 new Council homes at Able House, Figtree Hill be awarded to Taylor French Developments Ltd

3.     That the progress on the New Build Programme be noted.

Reason for Decision

To provide an update on the Council’s New Build Programme.

To seek approval for the employment/commercial element of the Woodhouse site to be developed as an extension of Maylands Business Centre.

To seek approval to award the main contract to construct 14 new Council homes at Able House, Figtree Hill, Hemel Hempstead.

Implications

Financial

A detailed breakdown of the tendered costs for Able House is included in the appendix including relevant financial information within the project update.

Value for Money

This will be achieved through a successful procurement programme for Able House contract.

Risk Implications

Risk Assessment completed within the New Build Project Initiation Document (PID).

A risk assessment is completed for each site by the Employers Agent

Equalities Implications

Equality Impact Assessment completed within the New Build PID/Housing Strategy.

Health And Safety Implications

Each scheme will have in place a Principal Designer as required under the Construction Design and Management Regulations. Contractors are required to comply with the Council’s H&S policy along with Considerate Constructors requirements.

Corporate Objectives

Affordable Housing

Advice

The Group Manager for Strategic Housing explained that the report formed part of a regular update. She added that they were seeking approval in principle for the employment/commercial element of the Woodhouse site to be developed as an extension of Maylands Business Centre and a detailed business case be developed for further approval. A further report on the finances of this would be produced.

In addition to award the main contract to construct 14 new Council homes at Able House, Figtree Hill to Taylor French Developments Ltd of which details were included in the part 2 report.

The Portfolio Holder for Housing said it was a good idea to extend the Maylands Business centre.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services asked if the Woodhouse site extension was in addition to the Maylands Business Centre extension next door.

The Corporate Director for Housing and Regeneration confirmed this development was for small office space and the Maylands Business Centre extension was more factory based.

Consultation

Consultation took place with:

• Mark Gaynor, Director of Housing & Regeneration
• Elliott Brooks, Assistant Director - Housing
• Nicholas Brown, Group Manager (Commercial Assets & Property Development), Building Services
• Richard Baker, Group Manager, Financial Services
• Andrew Linden, Team Leader, Commissioning, Procurement & Compliance

Voting

None.

RESOLVED TO RECOMMEND

1.     That the Two Waters Strategic Framework, as attached at Appendix 1 of the report to Cabinet, be used as a material planning consideration in the determination of planning applications and guide future strategic planning in the area.

Decision

RESOLVED TO RECOMMEND

1.     That the Two Waters Strategic Framework, as attached at Appendix 1 of the report to Cabinet, be used as a material planning consideration in the determination of planning applications and guide future strategic planning in the area.

Reason for Decision

To recommend Council to agree the strategic framework for the Two Waters area of Hemel Hempstead to guide future planning policy and planning applications within the Two Waters area.

Implications

Financial

No implication is this report

Value for Money

The study will highlight areas within the plan that will allow for future growth and investment into the area

Risk Implications

None arising from this report

Equalities Implications

An Equality Impact Assessment has been carried out prior to this document coming to cabinet.

No adverse issues have been identified as part of this assessment

Health And Safety Implications

Not applicable in this report

Corporate Objectives

Delivery of housing particularly affordable housing and economic growth for the area.

Attracting investment into Dacorum and improving the quality and identity of the Two Waters area.

Advice

The Portfolio Holder for Planning & Regeneration introduced the report and noted that it had previously been to Cabinet, following the workshops. He felt that the framework provided a very interesting platform for future development.

He had recently attended a workshop on this which he found to be very refreshing to see the discussions and hear the ideas. This would be a good base for the future.

The Assistant Director for Planning, Development & Regeneration felt that this would be a good platform to go forward and further work would be carried out on transport and viability.

The Portfolio Holder for Residents & Corporate Services referred to the taller buildings section of the report and asked if the wording was robust enough to protect the council when considering planning applications for  tall buildings.

The Assistant Director for Planning, Development & Regeneration said there would be a rise in developments in certain locations and the developers could argue for reasons to develop there.

The Portfolio Holder for Residents & Corporate Services raised concern that by endorsing this framework, councillors were endorsing all future high rise storeys.

The Assistant Director for Planning, Development & Regeneration reassured councillors that they were being asked to acknowledge this section and not to endorse all future tall developments.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services noted that she had received many emails from concerned residents and she noted that many people could be reading the document with a limited understanding. She felt therefore that it would be beneficial to include in the document a phrase such as ‘to be sympathetic to the open Boxmoor Trust views’.

The Assistant Director for Planning, Development & Regeneration said that the Boxmoor Trust featured very strongly in the document and the document included reassurances, similar to those being requested.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services felt that scenarios differed depending on their locations, for example developments around the train station would be viewed differently to those  ...  view the full minutes text for item CA/29/15

1.     That the Conservation Strategy, as set out at Appendix 1 to the report which sets out the Borough Council’s corporate approach to Conservation matters in Dacorum be adopted.

2.     That authority is delegated to the Assistant Director (Planning, Development & Regeneration), in consultation with the Portfolio Holder for Planning and Regeneration, to approve the rolling Action Plan.

Decision

1.     That the Conservation Strategy, as set out at Appendix 1 to the report which sets out the Borough Council’s corporate approach to Conservation matters in Dacorum be adopted.

2.     That authority is delegated to the Assistant Director (Planning, Development & Regeneration), in consultation with the Portfolio Holder for Planning and Regeneration, to approve the rolling Action Plan.

Reason for Decision

To seek final approval of the Conservation Strategy for the Borough of Dacorum following public consultation.

Implications

Financial

The proposed Strategy makes use of established budgets to deliver the core Conservation service and provides a platform and direction from which to consider future actions which might require non-recurring expenditure.

Value for Money

The proposed Strategy provides a basis from which to prioritise expenditure; it provides a basis for seeking external funding, should opportunities arise; it takes a balanced approach to assessing matters of heritage value without committing the Council to excessive expenditure.

Risk Implications

To be completed as part of the forthcoming Action Plan to support the Conservation Strategy.

Equalities Implications

Not directly applicable for the Conservation Strategy. The detailed action plan to follow will require the completion of an Equalities Impact Assessment.

Health And Safety Implications

None arising from this report.

Corporate Objectives

Regeneration – the Strategy will be instrumental in helping to guide new developments where heritage considerations are important

Dacorum Delivers – the Strategy provides a corporate framework for best addressing Conservation and heritage issues across the organisation

Building Community Capacity – the successful implementation of the Strategy will be enhanced by the engagement of external organisations.

Safe and Clean Environment – the Strategy is aimed at making the best of the Borough’s rich built heritage.

Advice

The Portfolio Holder for Planning & Regeneration explained that this was work in progress.

The Assistant Director for Planning, Development & Regeneration added that this was a 5 year strategy which set out a broad spectrum of jobs to do in this field. There was also an action plan to agree the annual priorities. He concluded to note that the Consultation Strategy as included in the report as Appendix 1 had been through the necessary consultation process.

The Team Leader for Development Management noted the following two amendments to the strategy:

Page 8 of 17: Dudswell and Flaunden have swapped years within the timescale for the delivery of the remaining Conservation Area Character Appraisals.

Page 12 of 17: The words ‘Development Management DPD’ have been replaced by ‘new Local Plan for the Borough’.

The Chief Executive highlighted that the Foreword of the strategy was in her name but she felt it to be more appropriate for it to be on behalf of the Portfolio Holder.

The Portfolio Holder for Planning and Regeneration confirmed he was happy to do this.

The Portfolio Holder for Environmental, Sustainability & Regulatory Services asked what the current situation was with local listed building status and had there been a freeze.

The Team Leader for Development Management confirmed there had been no freeze. The strategy reflects how it  ...  view the full minutes text for item CA/30/15

RESOLVED TO RECOMMEND

That the amendment of the Council’s Constitution to adopt the new roles and responsibilities for individual Overview and Scrutiny Committees as set out in appendix B of the report to Cabinet be approved.

Decision

RESOLVED TO RECOMMEND

·      That the amendment of the Council’s Constitution to adopt the new roles and responsibilities for individual Overview and Scrutiny Committees as set out in appendix B of the report to Cabinet be approved.

Reason for Decision

To review the roles and responsibilities of individual Overview and Scrutiny Committees to improve the alignment of member and officer structures.

Implications

Financial

No financial implications arising from this report.

Value for Money

The alignment of roles and responsibilities of the Member and Officer structures would enable more efficient use of officer and member time and increase the focus of scrutiny.

Risk Implications

Good corporate governance encompasses risk management and making sure that the Council makes decisions with the full knowledge of the associated risks and opportunities.  The risk of not reviewing and updating our corporate governance arrangements have been addressed by this report.

Community Impact Assessment

A detailed Community Impact Assessment review has not been undertaken.  The purpose of the proposed amendments to the Council’s Constitution is to improve the focus of scrutiny undertaken by the Council’s Overview and Scrutiny Committees when scrutinising the delivery of the Council’s policies and services functions.

Health And Safety Implications

None arising from this report.

Corporate Objectives

Dacorum Delivers

Advice

The Leader of the council explained that the report had been through the Overview & Scrutiny Committee Chairs (OSC’s) and colleagues and had been supported. The aim was to link the OSC’s and the Portfolio Holders as much as possible. This was seen to be an improvement on the existing process.

Minor amendments to names and Portfolio titles were noted and would be made to the final published document.

Consultation

Consultation took place with:

·       Cabinet

·       Overview and Scrutiny Committee Chairs

·       Chief Officer Group

• Corporate Management Team

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.

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 that 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/111/15)

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

Decision

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 that 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/111/15)

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

Report to follow

Full details in Part 2 Decision Sheet

Full details in Part 2 Decision Sheet