Agenda, decisions and draft minutes

To confirm the minutes of the meeting held on  24 November 2015 (circulated separately to Cabinet members).

The minutes of the meeting held on 24 November 2015 were agreed by the members present and signed by the Chairman

The minutes of the meeting held on 24 November 2015 were agreed by the members present and signed by the Chairman

To receive any apologies for absence.

An apology was received on behalf of Councillor Harden.

An apology was received on behalf of Councillor Harden.

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:

That the Asset Management Strategy and the Corporate Plan be added to the February agenda.

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

That the Asset Management Strategy and the Corporate Plan be added to the February agenda.

The Assistant Director for Planning & Regeneration would confirm what date the ‘Hemel Hempstead Town Centre Parking Access and Movement Strategy’ would be reported to committee.

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

Decision

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

Reason for Decision

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

Implications

Financial

A summary of performance against the Council’s budgeted investment income is included in Section 5 of the report.

Value for Money

The Council is required to invest surplus funds to ensure that it maximises the benefit of cash flows.

Risk Implications

Failures in the banking sector have increased the risk of investment being lost. A prudent approach to investment is required to minimise the risk to the Council of investment losses. Currently all DBC investments are in prime UK banks or in UK Government bodies; such as the DMO and other local authorities.

Community Impact Assessment

There are no community impact implications

Health And Safety Implications

There are no health and safety 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.

Advice

The Portfolio Holder for Finance & Resources said the report is brought to Cabinet in accordance with CIPFA best practice guidelines, and provides Members with an update on the Council’s current treasury position.

In terms of investment, interest rates remain low which has proved beneficial for the borrowing rates available to the Council, but has limited the return on the Council’s investment. The current low rates are not expected to change materially until late 2016 at the earliest.

The market expectation is that the US Federal Reserve will start to increase rates shortly and usually the UK does follow this lead.

The prudential indicators within the report demonstrate that the Council’s borrowing is sustainable and compliant with regulatory guidelines.

Consultation

Consultation took place with:

·        Capita Asset Services

Voting

None.

1.     That the Collection Fund surplus estimate of £392,423.62 as at 31 March 2016 be approved

2.     That the calculation of the Council’s tax base for the year 2016/17 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 2016/17 shall be 55,282.0 and its constituent elements shall be:

Decision

1.     That the Collection Fund surplus estimate of £392,423.62 as at 31 March 2016 be approved

2.     That the calculation of the Council’s tax base for the year 2016/17 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 2016/17 shall be 55,282.0 and its constituent elements shall be:

Reason for Decision

1.     To agree the estimated Collection Fund surplus as at 31/03/2016

2.     To determine the Council Tax Base for 2016/17

Implications

Financial

Providing details of the Collection Fund surplus estimated as at 31 March 2016 assists the Council and other precepting authorities in the setting of their Council Tax for 2016/17.

The recommended Council Tax Base shows a 644.3 increase on the previous year which is due to additional Band D equivalent dwellings in the Borough.

Legal

Cabinet has delegated authority to set the Council Tax Base by virtue of Section 67 Local Government Finance Act 1992 (as amended) and the resolution of Council dated 19 January 2005.

Value for money

Not applicable

Risk Implications

Not applicable

Corporate Objectives
Not applicable

Advice

The Portfolio Holder for Finance & Resources said the Council is required to formally set its tax base for the purpose of approving the Council Tax for Budget 2016/17.

There has been growth in the base of over 1% since 15/16, equating to around 650 Band D properties, which is the prime reason for the surplus on the Collection Fund. This growth has also resulted in an additional £850k of New Homes Bonus for next year.

Consultation

Not applicable

Voting

None.

1.    RESOLVED TO RECOMMEND:

a)     the changes set out in Table 4 of the Report of Representations are made to the Pre-Submission Site Allocations DPD as a result of representations received; and

b)     the Site Allocations DPD incorporating Focused Change, together with other appropriate supporting documents is submitted to the Planning Inspectorate.

2.    That the issues arising from representations received to the Focused Changes to the Pre-Submission Site Allocations Development Plan Document (DPD) and the impact of new advice be noted.

3.    That authority is delegated to the Portfolio Holder for Planning and Regeneration to approve any further minor wording changes to the Site Allocations document prior to consideration by Full Council.

4.    That authority is delegated to the Assistant Director (Planning, Development and Regeneration) to:

(a)   Finalise the Report of Representations and other Submission documents; and

Agree any further minor changes arising during the course of the Examination.

Decision

1.    RESOLVED TO RECOMMEND COUNCIL:

a)     that the changes set out in Table 4 of the Report of Representations are made to the Pre-Submission Site Allocations DPD as a result of representations received; and

b)     that the Site Allocations DPD incorporating Focused Change, together with other appropriate supporting documents is submitted to the Planning Inspectorate.

2.    That the issues arising from representations received to the Focused Changes to the Pre-Submission Site Allocations Development Plan Document (DPD) and the impact of new advice be noted.

3.    That authority is delegated to the Portfolio Holder for Planning and Regeneration to approve any further minor wording changes to the Site Allocations document prior to consideration by Full Council.

4.    That authority is delegated to the Assistant Director (Planning, Development and Regeneration) to:

(a)   Finalise the Report of Representations and other Submission documents; and

(b)   Agree any further minor changes arising during the course of the Examination.

Reason for Decision

To consider the significant new issues raised through representations on the Focused Changes to the Pre-Submission Site Allocations DPD; and Agree the process for submitting the Site Allocations DPD to the Planning Inspectorate.

Implications

Financial

Budget provision for the next stages of the statutory process i.e. Submission and Examination are made in the 2015/16 and 2016/17 LDF budget. 

Having an up-to-date planning framework helps reduce the incidence of planning appeals (and hence costs associated with these).  It will be the most effective way of ensuring the optimum level of developer contributions to infrastructure and in mitigation of development impacts can be achieved.  This process will be further improved and simplified through the implementation of the Community Infrastructure Levy (CIL).

Value for money

Where possible, technical work that supports the Site Allocations has been jointly commissioned with adjoining authorities to ensure value for money.

Legal

Jameson and Hill have been retained to provide external legal support for the Site Allocations.  The same advisers acted for the Council through the Core Strategy Examination process and subsequent (unsuccessful) legal challenge to this document.   They will provide the Council with any advice required regarding the implication of new Government advice; assist with responding to key representations; advise on the production of any additional evidence and support Officers through the Examination process itself. 

Staff

It is critical that the Strategic Planning and Regeneration team is fully staffed to enable the agreed LPF timetable to be delivered.  A Programme Officer will need to be appointed by the Council to provide administrative support to the Inspector and act as a single, independent point of contact for all parties throughout the Examination process.

Land

The Site Allocations supports delivery of the Council’s adopted Core Strategy which will play an important role in decisions regarding future land uses within the Borough.  The Council has specific land ownership interest in two of the Local Allocations - LA1 (Marchmont Farm) and LA2 (Old Town).

Risk Implications

Key risks are identified in the Local Development Scheme and reviewed annually within the Annual Monitoring Report.  ...  view the full minutes text for item CA/120/15

1.     RESOLVED TO RECOMMEND:

·      The adoption of the new Local Development

     Scheme as set out in the report to Cabinet.

2.     That the headline results from the forthcoming Authority Monitoring Report 2014/15 with regard to housing, employment and retailing be noted;

3.     That progress on the Local Planning Framework be noted

Decision

1.     RESOLVED TO RECOMMEND COUNCIL:

·      The adoption of the new Local Development

     Scheme as set out in the report to Cabinet.

2.     That the headline results from the forthcoming Authority Monitoring Report 2014/15 with regard to housing, employment and retailing be noted;

3.     That progress on the Local Planning Framework be noted

Reason for Decision

To consider:

·        the Authority Monitoring Report for 2014/15;

·        progress on the Local Planning Framework; and

·        recommend publication of a revised Local Development Scheme to Council.

Implications

Financial

Funding is provided from the LDF reserve. A budget has been agreed for 2015/16.  The 2016/17 budget is currently being reviewed as part of the annual budget cycle.

Value for Money

Every effort has been made to secure external funding – most recently through the New Homes Bonus, to reduce the impact on the Council’s budget. Where possible, evidence base work is undertaken jointly with other authorities to ensure cost is optimised (through economies of scale). Collaborative working with landowner consultants will continue to help extend the resources available to the Council and avoid the duplication of site specific technical information.

Risk Implications

A risk assessment has been carried out as part of the PID / CORVU monitoring process.The Local Development Scheme also contains its own risk assessment. The key concern is that the (new) development plan must be sound, and delivers what is needed expeditiously. Risk is reduced by ensuring processes and the evidence base is robust. Sufficient financial resources are essential to achieve that: this includes maintaining a team of appropriately skilled and qualified staff. Certain elements of the plan-making process have explicit statutory requirements such as consultation, publication, examination and presentation of the adopted Development Plan Document. The Authority Monitoring Report reviews the risks inherent in preparing the Local Planning Framework. Monitoring of development is a source of information which, properly used, can assist risk reduction – i.e. it checks whether progress and control of development has been successful and can indicate where change (in policy or process) may be beneficial.

Community Impact Assessment

An Equality Impact Assessment has been carried out for the Core Strategy.  This is currently being converted and updated into a broader Community Impact Assessment.  An independent Sustainability Appraisal Report which accompanies the Core Strategy also considers equalities issues separately.  It concludes that the Core Strategy avoids any discrimination on the basis of disability, gender or ethnic minority.

Health And Safety Implications

None

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  ...  view the full minutes text for item CA/121/15

1.       That the draft of a new Statement of Community Involvement (SCI) for consultation as set out in the report to Cabinet be approved;

2.       That further technical information on consulting on planning applications is added to the SCI and that authority  is delegated to the Assistant Director (Planning, Development and Regeneration)

3.       That authority for the arrangements for targeted consultation is delegated to the Assistant Director (Planning, Development and Regeneration) on the basis as set out in the report to Cabinet.

Decision

1.       That the draft of a new Statement of Community Involvement (SCI) for consultation as set out in the report to Cabinet be approved;

2.       That further technical information on consulting on planning applications is added to the SCI and that authority  is delegated to the Assistant Director (Planning, Development and Regeneration)

3.       That authority for the arrangements for targeted consultation is delegated to the Assistant Director (Planning, Development and Regeneration) on the basis as set out in the report to Cabinet.

Reason for Decision

That Cabinet consider a draft of a new Statement of Community Involvement (SCI) and agree arrangements for seeking feedback on this.

Implications

Financial

There are no direct financial implications relating to the preparation  of a new SCI.  However, there are implications for the consultation arrangements set out within it: and the need to balance public expectations regarding the types of consultation techniques with the costs involved. 

Value for money

The SCI sets out the range of consultation techniques that will be used within the planning process and the need to ensure that these are fit for purpose and proportionate in terms of the scale and nature of the planning issue(s) involved.

Legal

The production on an SCI is a legal requirement.  Compliance with an up to date SCI assist the Council in defending objections and appeals against its planning decisions.  Conversely, failure to comply with the standards and processes set out within the SCI could result in legal action against the Council. 

Staff

No direct implications for staffing.  However, all staff and elected Members need to be aware of the content of the SCI and follow processes and procedures within it.

Land

No direct implications, although the planning documents and proposals that will be subject to consultation will have implications for the future use of land.

Risk Implications

Key challenges relating to consultation are set out within the SCI itself.  Key risks relate to non-compliance with the SCI – resulting in legal challenges - and the need to balance public aspirations regarding consultation and involvement in planning decisions, with the limited budgets available.

Equalities implications

Equalities issues are considered through the Sustainability Appraisal process that all planning policy documents are subject to.  The SCI itself also considers the most appropriate consultation techniques to reach different types of consultees. There may also be indirect implications for the SCI i.e. relating to the choice of venues for public consultation events and the need to ensure these are DDA complaint.

Health And Safety Implications

No direct implications.  There may be indirect implications relating to different types of consultation techniques and the choice of event venues.

Corporate Objectives

The SCI sets out how the Council will consult on its planning policy document and on planning applications. It therefore directly supports the ‘Community Capacity’ and ‘Dacorum Delivers,’ and indirectly supports all other objectives via the plans and developments that arise through the planning process.

Advice

The Strategic Planning & Regeneration Team Leader gave the following introduction to the report.

‘The  ...  view the full minutes text for item CA/122/15

RESOLVED TO RECOMMEND:

The Committee Meeting Timetable for 2016/17 as set out in Annex A to the Cabinet report.

Decision

RESOLVED TO RECOMMEND COUNCIL:

The Committee Meeting Timetable for 2016/17 as set out in Annex A to the Cabinet report.

Reason for Decision

To seek approval of the Meeting Timetable for 2016/17.

Risk Implications

Approval of the Meeting Timetable enables Members and Officers to manage forward decision making planning.

Community Impact Assessment

Not applicable

Health And Safety Implications

None

Corporate Objectives

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

Advice

None.

Consultation

Consultation took place with:

·        The Leader of the Council

·        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:

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/125/15)

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/125/15)

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

Full details in Part 2 minutes