Agenda, decisions and minutes

To confirm the minutes of the previous meeting

The minutes of the previous meeting were formally approved as an accurate record.

The minutes of the previous meeting were formally approved as an accurate record.

To receive any apologies for absence.

There were no apologies.

There were no apologies.

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]

There were no declarations of interest.

There were no declarations of interest.

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

There was no public participation.

There was no public participation

There were no referrals to Cabinet

There were no referrals to Cabinet.

There were no referrals to Cabinet.

The forward plan was noted, with the addition of the Parking Policy paper as deferred from this meeting to be added to 12^th September meeting.

The forward plan was noted, with the addition of the Parking Policy paper as deferred from this meeting to be added to 12th September meeting.

1.     Cabinet agreed to secure agreement for two temporary Planning Enforcement Officers, with a combined resource of 16 months.

2.     Cabinet RESOLVED TO RECOMMEND to Council to approve a draw down from      the Dacorum Development Reserve of up to £110,000.

Decision

1. To secure agreement for two temporary Planning Enforcement Officers, with a combined resource of 16 months. 2. To recommend to Full Council to approve a drawdown from the Dacorum Development Reserve of up to £110,000.

Corporate Priorities

A clean, safe and enjoyable environment

Building strong and vibrant communities

Ensuring economic growth and prosperity

Ensuring efficient, effective and modern service delivery

Statutory Officer Comments:

Monitoring Officer:

As set out in the legal implications section, the Council has a duty to investigate alleged breaches of planning control and take action where it is expedient to do so. The additional resource should help the Council to fulfil this duty within a reasonable period of time.

Deputy S151 Officer:

The additional Planning Enforcement resources requested is unbudgeted and would be supported by a drawdown from revenue reserves. Reserve resources are one-off in nature. There are sufficient resources within the Dacorum Development Reserve to support the resource request set out in this report.

Advice

Cllr Tindall introduced the report.  JDoe advised this had recently been considered by SPAE Overview & Scrutiny and welcomed any questions which both he and his colleague PStanley would be happy to address.

There were no questions.

Recommendation agreed

Cabinet approved the Hemel Hempstead Town Centre Vision.

Decision

That Cabinet approves the Hemel Hempstead Town Centre Vision.

Corporate Priorities

A clean, safe and enjoyable environment

Building strong and vibrant communities

Ensuring economic growth and prosperity

Ensuring efficient, effective and modern service delivery

Statutory Officer Comments:

Monitoring Officer:

There are no direct considerations arising from the report but the delivery of the Vision will have various legal implications which will need to be considered as each separate project progresses.

Deputy S151 Officer:

There are no direct financial implications arising from the report.  Any activity associated with the delivery of the Hemel Hempstead Town Centre Vision will be supported by the Place, Communities and Enterprise service.  Financial resourcing of this activity will be addressed as part of future reports, as required

Advice

Cllr Wilkie introduced the report and handed over to officers.

JDoe advised the report recently went through SPAE Overview & Scrutiny and invited his colleagues DSouthern and SWhelan to give a short presentation on the Town Centre Vision as part of the Hemel Place Strategy. 

Cllr Banks commented that she had recently visited Liverpool; they have a high street shopping centre set up close to the docks.  She noted that they have taken out, what she assumes was dock side warehouses, and have put in blocks of green space linking the docks to the town, observing that it was a very interesting connection between dock and town centre and expressed her opinion that a similar sort of link would be great if it could be incorporated locally. 

Cllr Symington thanked officers for the work and noted it is aspirational.  She asked; is this in any way limiting or is this a vision that we can do what we want with? 

JDoe advised it is not limiting, it is ambitious and visionary but grounded in the background evidence.  There will be more details to come in terms of delivery plans.  Will be a framework for dealing with sites as they come forward.

Recommendation agreed

Cabinet agreed to defer this item to 12^th September.

Decision

As set out in Cllr Tindall’s opening remarks at the start of this meeting; following consultation with the wider Cabinet and his Liberal Democrat colleagues, it is proposed that this item be deferred and moved on forward plan to meeting of 12^th September.  In the meantime he advised that he has asked for further financial profiling be carried out before this paper and its recommendations can be properly considered.

Cabinet agreed to defer this item to 12^th September.

Cabinet approved;

1.     Entering into the JCT D&B contract with Bugler Developments Ltd for the delivery of 32 homes at the Marchmont Fields development.

2.     Delegating authority to the Assistant Director (Legal & Democratic Services) to execute and complete all legal agreements ancillary to the JCT Design & Build Contract 2016 and/or reasonably required to complete the Project, including (but not limited to):

a. all professional appointments;

b. collateral warranties; and

c. Agreements under

S.38, & S.278, of the Highways Act 1980;

S.247, Part III of the Town and Country Planning Act 1990;

S.104 of the Water Industry Act 1991, and

S.50 of the New Roads and Street Works Act 1991.

Decision

That Cabinet:

1.    Approves entering into the JCT D&B contract with Bugler Developments Ltd for the delivery of 32 homes at the Marchmont Fields development.

2.    Delegates authority to the Assistant Director (Legal & Democratic Services) to execute and complete all legal agreements ancillary to the JCT Design & Build Contract 2016 and/or reasonably required to complete the Project, including (but not limited to):

a.    all professional appointments;

b.    collateral warranties; and

C.    Agreements under

S.38, & S.278, of the Highways Act 1980;

S.247, Part III of the Town and Country Planning Act 1990;

S.104 of the Water Industry Act 1991, and

S.50 of the New Roads and Street Works Act 1991.

Corporate Priorities

A clean, safe and enjoyable environment

Building strong and vibrant communities

Ensuring economic growth and prosperity

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

Ensuring efficient, effective and modern service delivery

Climate and ecological emergency

Statutory Officer Comments:

Monitoring Officer:

The Council holds the statutory powers of appropriation under Section 122 of the Local Government Act 1972 and section 203 of the Housing and Planning Act 2016. By Section 204 of the Housing and Planning Act 2016 the local authority is liable to pay compensation, in accordance with the statutory provisions, in respect of the interference of rights affected by the carrying out of building or maintenance works. The proposals contained in this report are consistent with the exercise of the above mentioned statutory powers of the Council. It is considered that the exercise by the Council of its statutory powers of appropriation in the circumstances referred to in this report is reasonable and proportionate

S151 Officer:

The award of contract has followed a competitive procurement process to secure value for money.

Advice

Cllr Dhyani introduced the report as published with the agenda and invited questions, there were none.

Recommendation agreed

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 Cabinet agree the exclusion of the Public;

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 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 & 4

Please refer to Part II (restricted) minutes.