Decisions

The following motion from Councillor Tindall was lost:

Proposed Public Space Protection Order

1.    This Council notes that the Cabinet is concerned about the level of anti-social behaviour and it is clear from the number of responses to public consultation (which ended 13^th October) that residents of Dacorum have been engaged both with the subject and the proposed remedy.

2.    The members of Dacorum Council, having debated the issue of anti-social behaviour and the proposed remedy, request that before the Cabinet makes its decision on the introduction of a Public Space Protection Order (PSPO) in Dacorum they :-

a.    have regard to the opinions and comments of council members expressed in the debate on 15^th November, and

b.    take note that :-

i.              the proposed PSPO addresses some behaviours which are already covered by existing criminal legislation and as such fall under the proper remit of the police,

ii.             the PSPO plans would need to be evaluated based upon actual implementation plans for enforcement, including who will do the enforcement and what training will be given and what powers would be used,

iii.            In addition to enforcement of the PSPO, the practicality of using fines or court summonses to individuals with no means and no fixed abode, and the times of day when enforcement will take place

iv.           a PSPO should not be used when there are alternative steps that could be taken to address the behaviours disapproved of, some of which are clearly the result of seven years of austerity

3.    The PSPO, when drafted, would need to identify the issues that it was aiming to restrict.  There is a general principle that where an Act criminalises an activity the scope of the activity must be clearly defined.  The proposals cannot therefore actually be judged on their proportionality and practicality until the draft PSPO is available.

4.    Therefore, this council requests that a further consultation process is carried out once the draft PSPO is publicly available and that the outcomes of that consultation and the proposal to adopt the draft PSPO is brought to full Council for approval or otherwise.

To consider passing a resolution in the following terms:

That, under section 100A(4) of the Local Government Act 1972, the public be excluded during the item in Part II 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 to the financial and business affairs of the Council or of any particular person,

(including the authority holding that information) and also contains legal advice which may be subject to a claim for legal privilege.

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

There were no changes to committee dates.

There were no changes to committee membership

There were no overview and scrutiny committee referrals.

That the following be approved:

8.1       CA/104/17       BROWNFIELD LAND REGISTER

1.    To approve the sites listed in Part 1 of the Brownfield Land Register (BLR) as drafted in Appendix 1 of the report to Cabinet and delegate authority to the Assistant Director (Planning, Development and Regeneration) to finalise the site specific information before publication noting that there will be no sites in Part 2 on first publication.

2.    Delegate authority to the Solicitor to the Council to amend the constitution to give effect to the following procedures and authorisations for administering the BLR:

(a)  “That the Assistant Director (Planning, Development and Regeneration) will be responsible for considering which sites go onto the BLR (Part 1 and 2)  for consultation, carrying out required consultation, and reporting the BLR to Cabinet and Council for final approval.

(b)  That applications for Technical Details Consent be dealt with in accordance with the existing scheme of delegation for all planning applications.”

8.2       CA/105/17       MEMBER EMPLOYEE CODE OF PRACTICE AND PLANNING CODE OF PRACTICE

1. to approve the Planning Code of Practice.

2.    to approve the Protocol for Member Officer Relations.

None.

None.

1.      By the Mayor:

There were no announcements from the Mayor.

2.      By the Chief Executive:

There were no announcements from the Chief Executive.

3.      By the Group Leaders:

Councillor Williams gave apologies on behalf of Councillors Bhinder, Griffiths, Guest, Imarni and S Hearn.

4.    By the  Leader and Members of the Cabinet:

(Full details are in the minutes under Announcements of the Leader and Cabinet).

There was no public participation.  

There were no declarations of interest.

The minutes of the meeting held on 27 September 2017 were agreed by the Members present and then signed by the Mayor.