Agenda, decisions and minutes

To confirm the minutes of the meeting held on 21^st March 2023

The minutes of the meeting held on 21 March 2023

The minutes of the meeting held on 22 March were agreed by Members present and signed by the Chair.

To receive any apologies for absence.

Apologies were noted from Cllr Elliot

There were apologies from Cllr Elliot

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 There was no public participationno 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 were no referrals to Cabinet.

There were no referrals to Cabinet

There were no referrals to Cabinet. 

There were no referrals to Cabinet. 

UK Shared Prosperity Fund and the release of CIL funding to be added to June Cabinet.

The forward plan was noted

Cllr Anderson requested the Herts prosperity fund and the release of CIL funds go to the June Cabinet.

Principal Contractor Appointment

That Cabinet:

1.     Agrees to award the main contract to construct 56 social rented homes and a stand-alone commercial building toARJ Construction Ltd.

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;

a.     collateral warranties; and

b.     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.

Land Appropriation

That Cabinet:

3.     Confirms that Paradise Depot is no longer required for its current purpose.

4.     Agrees to delegate authority to the Chief Housing Officer to apply for consent, pursuant to section 19 Housing Act 1985, to the Secretary of State for Levelling Up, Housing and Communities (or equivalent successor title) to appropriate the Site.

5.     Agrees to delegate authority to the Chief Housing Officer to take all necessary steps to appropriate the HRA Land from the Housing Revenue Account for planning purposes and the garages held within the General Fund within the Site for planning purposes, pursuant to Section 122 of the Local Government Act 1972 and Section 227 of the Town and Country Planning Act 1990.

6.     Agrees to delegate authority to the Chief Housing Officer to use the powers to over-ride third party rights under section 203 of the Housing and Planning Act 2016 according to the principles set out at paragraph 10.15 in this report.

Agrees to appropriate the Site at Paradise Depot for planning purposes for the construction of the new build 56 Council houses as set out in Part II of the report.

Decision

To be read in conjunction with Part II.

1.    To seek approval to award the main contract and appoint a Principal Contractor to construct 56 flats and a stand-alone commercial building at Paradise Depot.

2.    To provide delegated authority to the Council’s 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 appropriation powers have been set out in the body of the report.  The use of appropriation power needs to be justified by a clear ‘public interest’ case that overrides the individual rights of potential affected third party owners and occupiers of nearby properties.

The report explains the rationale for the public interest test and it is concluded the relevant tests are met.

The procurement of the contractor has followed an open market tender process which should ensure that the Council obtains value for money.

Deputy S151 Officer:

The appropriation of General Fund property and land to the HRA requires a technical adjustment to reduce the Capital Financing Requirement (CFR) of the General Fund and adjustment to increase the CFR of the HRA by the market value of the transfer.  The CFR is an indication of the Council’s underlying need to borrow as a result of capital investment, and hence this ensures the GF and HRA CFRs are correct. 

Advice

Cllr Griffiths introduced the report and was happy to take questions.

Cllr Williams mentioned there was a part 2 item and if anyone wished to discuss that they could move into part 2.

Cllr Griffiths mentioned that she felt this was great that this was moving forward. Dens moved out last summer and they are struggling for space and the quicker we can get them back in to this facility.

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.

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

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