Decisions

The following changes to committee dates were agreed:

• Move Member Development Steering Group from 4 December 2019 to 7January 2020.
• Move Health in Dacorum from 11 December 2019 to 29 January 2020.
• Move Development Management Committee from 12 December 2019 to 17 December 2019.
• Schedule an additional Cabinet meeting to be held on 7 April 2020 (if required).

None.

None.

That the following be approved:

15 October 2019

8.1 CA/096/19 Tring Conservation Area Review

Decision

1)    the Tring Conservation Area: Character Appraisal and Management Proposals be adopted as:

a)    Technical guidance for use in development management and to inform the Dacorum Borough Local Plan.

b)    A material planning consideration for use in the determination of planning applications.

Delegate authority to the Assistant Director, Planning, Development & Regeneration to undertake all steps required for the completion of the ‘Locally Listed Buildings’ section of the Appraisal, to be attached as an Appendix. This includes the assessment, consultation and adoption of this Appendix.

8.2 CA/097/19 HRA Business Plan

Decision

1)    The Housing Revenue Account Business Plan be approved

2)    revised development programme budgets as set out in Section 8.3 of the Cabinet report be approved

12 November 2019

8.3 CA/105/19 Budget Monitoring Q2 Report

Decision

2. The approval of the revised capital programme to move £3.1m slippage identified at Quarter 2 into financial year 2020/21 as detailed in Appendix C;

3. the approval of a supplementary revenue budget funded from reserves:

·         Supplementary budget of £30k in the Garage service, funded from the Invest to Save reserve, to fund a specialist project manager to lead on improvements to the garage letting process

4. the approval of supplementary capital budgets required to deliver several service changes as set out below:

·         A capital budget of £25k to fund payment kiosks in the Customer Services Unit.

·         Additional capital budget of £400k to deliver the Bunkers Farm project.

·         Supplementary budget of £161k in the HRA capital budget Strategic Acquisitions, to fund buy-back of a leasehold property.

8.4 CA/106/19 Council Tax Support Scheme 2020/21

Decision

To not revise or replace the current Council Tax Support scheme for 2020/21.

8.5 CA/109/19 Review of Commissioning and Procurement Standing Orders and Strategy

Decision

To agree the Commissioning & Procurement Strategy (appendix 1) and the revised Commissioning and Procurement Standing Orders (appendix 3).

8.6 CA/110/19 New Normal Technology Pilot Projects

Decision

The approval to release £93,495 from the Management of Change reserve to fund this work.

None.

Written question to the Leader of the Council from Councillor Uttley:

(1) The Climate Emergency was declared on 17th July and notwithstanding the need for planning, there has not, as yet been what could be called an “emergency” reaction.

At the last Full Council, Liberal Democrat Councillors queried the cabinet on climate emergency action taken by the Council and were offered a general confirmation that work was ongoing towards this. For the Council to show that it is taking the climate change emergency seriously, it is important that initial benchmarks and metrics are put in place, so that we can evidence our progress towards net zero.

(2) Therefore, in seeking to ensure that the Council and the public are as well informed as possible, both of:

A) the current position of Dacorum in relation to Climate Emergency metrics, and

B) the actions being taken by the Council as first steps to prevent the Climate Emergency

this written question tries to identify some important potential routes the Borough could take:

3) Carbon emissions data collected by the government for road transport, domestic, commercial, agricultural and industrial emissions show that for the Dacorum area, per capita carbon emissions as calculated in 2017 currently stand at 4.4 tons per annum. 

https://www.gov.uk/government/statistics/uk-local-authority-and-regional-carbon-dioxide-emissions-national-statistics-2005-to-2017

These metrics, although useful, take a long time to collect and as such do not allow for real time tracking of progress. They also do not include estimates for carbon emissions which relate to individual action, such as that embedded in our dietary and transport choices.

(4) However, this effort from central government could be usefully supplemented by DBC through setting our own metrics, which measure local progress in areas such as:

A- energy efficiency of council owned properties (improved insulation and use of LED lighting);?

B)- carbon emissions relating to the provision of heat and power to those properties, (switch to efficient equipment, from Gas to Electricity where environmentally economic to do so, and switch to renewable tariffs);

C)- Waste and recycling (improvements in proportion of waste recycled in the UK, and reductions in overall waste created) ; 

D)- trees (notional CO2 sequestered by trees in Dacorum, reflecting the net number of trees planted);

E)- habitat (notional CO2 sequestered by habitat improvements across Dacorum).

F)- Carbon emitted by council owned and contractor transport (switching to electric vans, buses and other commercial vehicles);

G)- Passenger figures for buses on local routes (to train station or town);

(5) we should define metrics (or use those already in place such as SAP for energy rating residential properties) which will allow DBC to take regular stock of and track our progress towards net zero in 2030, with the reasonable expectation that these local improvements would then be reflected in the high level government data for Dacorum.

(6) Therefore will the Leader of the Council explain:

a. What action is being taken to establish climate emergency metrics such as those listed above?

b. What structures have been set up to undertake the urgent tasks needed to respond to the emergency?

c. Whether the Cabinet will support the setting up of a cross-party task and finish group to set the metrics and performance measures.

d. Whether the Cabinet will agree that these metrics be used by the O&S committees to help the Council maintain momentum in moving towards net zero?

e. When will the appropriate O&S committees be given the opportunity to consider what steps the council has taken to respond to the emergency?

Councillor Williams said he took the presumption that the question appeared to suggest we hadn’t reacted quickly enough to the resolution it passed on 17^th July which he took issue with. He also felt that the Council didn’t wait until 17^th July to take action and felt it would be useful to list some of the steps they had already taken. He drew attention to how energy efficient the Forum and Maylands Business Centre were and how these buildings had been planned for and worked on for several years. We introduced flexible working and considered the environmental impact of people travelling to work. A sustainability regime for the Old Town Hall. Even minor things such as DBC lamppost bulbs being transferred to LED lighting. The Local Plan will incorporate the maximum level of sustainability measures that can be enforced with national guidance. The council house new build programme and making existing council houses more efficient. We are members of the Herts Warm Homes Scheme and Herts Sustainability Forum. Clean, Safe and Green have moved away from petrol powered equipment on to battery operated where possible. We have committed to planting 1000 trees by the end of next year. He has asked officers since July to look at our energy contracts and we are moving towards an entirely renewable green energy provision for our electricity and to provide carbon offset for some of our gas consumption. We buy our electricity 12 months in advance so the change of contracts would be from October.

He then said he would answer each question at a time:

6a) We are considering the use of SCATTER (Setting City Area Targets and Trajectories for Emissions Reductions) developed by Manchester University, the Tyndall Company and Nottingham and Manchester City Councils – as the means of establishing both the Council and Borough wide baseline position on CO2 emissions and the metrics to be used going forward.

6b)  At Officer level the work is being led and sponsored by Mark Gaynor, supported by Mark Brookes and Ben Hosier, and the Corporate Sustainability Working Group is being refashioned to focus on the Climate Emergency. An Action Plan will be put together early in the New Year. This is a priority for every service within the Council.  A Climate Change Officer will be appointed in the New Year to bring specific expertise in.

6c)  he said it wasn’t their intention to set up a cross-party task and finish group because they don’t feel it is necessary.

6d) the metrics established by the baseline work and the Action Plan will be made available to OSCs to ensure both involvement and scrutiny.

6e)  on completion of the Action Plan in the New Year.

The Mayor advised Councillor Uttley that she could ask three supplementary questions.

Councillor Uttley referred to the point about changing energy suppliers to green energy and asked if that was for council buildings only or for council properties as well. Councillor Williams advised it would only be for properties that we’re responsible for contracting energy for, such as sheltered accommodation and The Forum.

Written question to the Portfolio Holder for Housing from Councillor Tindall:

At a time when the Domestic Abuse Bill is awaiting the reconvening of Parliament to complete its passage to becoming an Act, and with all indications that the cancer of domestic abuse has not weakened in communities across the UK, I should be grateful if you would explain why funding of the Hemel Hempstead Refuge has been withdrawn which will mean it will close its doors to victims seeking help on 20th January 2020. 

Councillor Griffiths explained that this relates to a county wide refuge provision that was awarded by HCC to Safer Places. When the contract was awarded Hightown refused to allow Dacorums refuge building to be adopted as part of the contract, this left us without a Dacorum refuge. We engaged Hightown and agreed to ensure the building remained open, however it was stipulated by Hightown that they would only use the building for low level Dacorum cases. Unfortunately most of our cases are of a high level and we are therefore unable to access, meaning there is no refuge provision being provided in our area. Hightown have been engaging with us regularly and have been in discussions with HCC about alternative use of the building which would provide them with a greater income. Hightown wanted a commitment from DBC for the next two years that we would continue to fund the support worker. Due to low level of numbers assisted through the accommodation, DBC did not feel this was viable to extend. It is important to know that the HCC Safer Places contract are in the process of purchasing the property in the Dacorum area and DBC may move to out of area refuge placements. In line with the Domestic Abuse bill and the new duties are likely to be implemented under guidance, DBC will be in partnership with the Community Safety Team and will be undertaking a review of Domestic Abuse provision in the Borough.

4.1       By the Mayor:

The Mayor announced the sad passing of former Liberal Democrat Councillor Geoff Lawrence (1987 – 1995) and one minutes silence was held in remembrance.

The Mayor then read the following statement:

“Members will be aware that we are in the Pre-election period and I would therefore like to remind Members that this meeting should not be used to make statements regarding national political issues. If any discussion should overlap into any national political issues, they will be interrupted. I have considered the two motions and two questions on the agenda tonight and have deemed that these are acceptable as they relate to predominantly local issues”

 
4.2       By the Chief Executive:

None.

4.3       By the Group Leaders:

Councillor Williams confirmed that apologies had been received from Councillors Arslan, Bassadone, Johnson and Wyatt-Lowe.

Councillor Tindall confirmed that apologies had been received from Councillor Bowden.

4.4       Council Leader and Members of the Cabinet:

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

There was no public participation.

Councillor Taylor declared an interest in the Rail Services Motion (Agenda Item 5) as he worked for Network Rail.

The minutes of the meeting held on 18 September 2019 were agreed by the Members present and then signed by the Mayor.

The use of Camelot RFC as a Polling Station for the UK Parliamentary Election on 12 December 2019 was agreed.

The following motion was proposed by Councillor England, seconded by Councillor Tindall, and unanimously agreed with the following amendment from the Conservative Party:

Delete paragraph 2.i and renumber ii and iii as I and ii

Chalk Streams

Dacorum has internationally recognised rare natural chalk streams deserving protection and support, rarity to the point where even the World Wildlife Fund have suggested that they should be given special protection.  The existing Dacorum Core Strategy documents acknowledge the importance of this asset in supporting endangered species  and it is noted that the quality of these chalk streams is measured according to the amount of water present, balance of the water chemistry and the biodiversity of the water habitats supported by flow.  Therefore

1. This Council

a.  notes with concern the perilous state of the Gade and Bulbourne rivers in respect of vitality and water levels, and

b. expresses concern about the depletion of water resources by groundwater abstraction  and the harm being caused to the ecology and biodiversity of the local chalk streams.

2.  This Council

a. instructs officers to:

i. Write to the Dacorum Environmental Forum – Water Group to ask for their comments as to how the Rivers Gade, Ver and Bulbourne could be managed in the future so that they are maintained as healthy and vibrant chalk streams, these comments to be forwarded to the Environment Agency as part of the following letter to the EA,

ii. write to the Environment Agency (EA) to express the alarm of this Council as to the current poor environmental health of these important chalk streams and to ask the EA to explain to the Council how they intend to retain, protect and manage the rivers Gade, Ver and Bulbourne in the future, this explanation to also set out the EA’s requirements of Affinity Water and Thames Water to adapt the sourcing of water

iii. Consider the increased water resources that will need to be provided by Affinity Water and Thames Water for the anticipated local increase in housing development, and write to the Planning Inspectorate and the Environment Agency, making them aware of the issues and seeking their The following motion was proposed by Councillor England, seconded by Councillor Tindall, and unanimously agreed with the following amendment from the Conservative Party:

Delete paragraph 2.i and renumber ii and iii as I and ii

Chalk Streams

Dacorum has internationally recognised rare natural chalk streams deserving protection and support, rarity to the point where even the World Wildlife Fund have suggested that they should be given special protection.  The existing Dacorum Core Strategy documents acknowledge the importance of this asset in supporting endangered species  and it is noted that the quality of these chalk streams is measured according to the amount of water present, balance of the water chemistry and the biodiversity of the water habitats supported by flow.  Therefore

1. This Council

a.  notes with concern the perilous state of the Gade and Bulbourne rivers in respect of vitality and water levels, and

b. expresses concern about the depletion of water resources by groundwater abstraction  and the harm being caused to the ecology and biodiversity of the local chalk streams.

2.  This Council

a. instructs officers to:

i. Write to the Dacorum Environmental Forum – Water Group to ask for their comments as to how the Rivers Gade, Ver and Bulbourne could be managed in the future so that they are maintained as healthy and vibrant chalk streams, these comments to be forwarded to the Environment Agency as part of the following letter to the EA,

ii. write to the Environment Agency (EA) to express the alarm of this Council as to the current poor environmental health of these important chalk streams and to ask the EA to explain to the Council how they intend to retain, protect and manage the rivers Gade, Ver and Bulbourne in the future, this explanation to also set out the EA’s requirements of Affinity Water and Thames Water to adapt the sourcing of water

iii. Consider the increased water resources that will need to be provided by Affinity Water and Thames Water for the anticipated local increase in housing development, and write to the Planning Inspectorate and the Environment Agency, making them aware of the issues and seeking their advice with regard to the future development

3.  This Council, in furtherance of its objects, will

a. work with all relevant agencies to ensure that the decline in the quality of our chalk streams is halted and reversed, and

The following Motion was proposed by Councillor Stevens, seconded by Councillor Hobson and unanimously agreed with the following amendment from the Conservative Party:

Delete the two references to Virgin as they will no longer be running the service from the 8^th December

Rail Services Motion

“This Council regrets the recent very poor standard of rail services provide by LNWR. Southern and Virgin. Dacorum has four rail stations, namely Apsley, Hemel Hempstead, Berkhamsted and Tring, and Dacorum residents have suffered from appalling and lengthy delays, in particular when using the return journeys from London Euston.

This Council requests the Chief Executive to write to LNWR, Southern and Virgin

a. expressing our dissatisfaction with the present standard of service, and

b. demanding an explanation regarding recent failures in performance, and

c. seeking a commitment to an improved service for our commuting residents.”

The following update to the Councils Constitution was agreed:

That Council agree to delete paragraph 2.1.3 at page 55 of Part 3 of the Constitution which reads:

“A Member of the Cabinet is excluded from membership of any Regulatory Committee.”

And insert a new clause 2.1.3 to read :

“A Member of the Cabinet is permitted to be a  member of any Regulatory Committee but shall not attend any committee meeting which is hearing an appeal or review against a decision which is made by a service which falls within their Portfolio”

The following Motion was proposed by Councillor England and seconded by Councillor Barry:

1. This Council notes that Universal Credit, the single monthly benefit payment which replaces the six current working age benefits, has now been implemented across most of the country, but has yet to be rolled out to all benefits claimants in Dacorum.

2. This council further notes that within Dacorum the number of people affected is likely to be in the thousands and is concerned that the full implementation of Universal Credit in Dacorum is likely to prove seriously detrimental to the health and wellbeing of those thousands of local residents.

3. In recognition of this and of the fact that the move to full implementation of Universal Credit in other parts of the country has resulted in considerable financial hardship for many of those people moving onto this new system of benefit payments; council requests that before the full roll-out of Universal Credit across the Borough of Dacorum, measures are found to alleviate hardship caused by -

a. The five week wait for claimants to receive their benefits.

b. Payments going to one named member of a household.

c. The rent element of benefit being included in payments to Claimants

4. To support the measures taken to alleviate hardship, the council requests that an additional financial provision be included in the budget for 2020/2021 to provide for hardship payments and/or loans.

5.  In addition, Council requests that the Leaders of the Political Groups of the Council write to the Secretary of State for Work and Pensions to urge that amendments to Universal Credit be introduced that will -

a. End benefit sanctions as there is no evidence that sanctioning helps people into work.

b. Allow all new claimants to apply for Universal Credit in job centres supported by trained job centre staff rather than forcing new claimants to apply on-line.

c. Abandon the in-work conditionality for part-time or low paid workers.

d. Increase the overall level to which Universal Credit is funded.

A recorded vote was held:

18 for (Councillors Hollinghurst, Ransley, Townsend, Pringle, Link, McDowell, Claughton, Allen, Stevens, Taylor, Symington, Barry, Freedman, Woolner, England, Tindall, Hobson and Uttley)

28 against (Councillors Beauchamp, Williams, Sinha, Johnson, Peter, Barrett, Arslan, R Sutton, Bassadone, Timmis, Rogers, Durrant, Silwal, Adeleke, Guest, Wyatt-Lowe, Hearn, Riddick, Douris, Griffiths, Elliot, Anderson, Banks, G Sutton, Birnie, Chapman, Suqlain Mahmood and Sobaan Mahmood).

Therefore the Motion was lost.

None.

None.

 None.

Resolved:

That the following be approved:

10 December 2019

8.1 CA/121/19 Committee Timetable 2020/21

Decision

To approve the Meeting Timetable for 2020/21 as set out in Appendix A to the Cabinet report.

8.2 CA/122/19 Draft Corporate Plan

Decision

The adoption of the Corporate Plan 2020 to 2025.

14 January 2020

8.3 CA/007/20 Treasury Management 19/20 Mid-Year

Decision

The acceptance of the Cabinet report on mid- year treasury management performance and prudential indicators for 2019/20.

8.4 CA/010/20 Berkhamsted Sports Centre

Decision

That a sum of £65,000 for survey costs to help mitigate potential site risks and develop a more detailed scheme proposal for further approval be agreed.

8.5 CA/011/20 HRA Business Plan

Decision

1.    The approval of the updated Housing Revenue Account Business Plan

2.    The approval of the revised development programme budgets as set out in Section 8.3 of the Cabinet report

None.

Councillor Pringle asked the following question in writing to the Leader of the Council:

Protection of EU citizens’ rights in Dacorum 

In view of recent advice to the government, as outlined in House of Commons Library briefing paper No: 8772 (Annex 1 below) and the deadline for EU citizens to apply for settled status being just 18 months away (Annex 2 below), does the Leader agree that it is incumbent on all levels of government to take responsibility for assisting EU citizens who have built their lives in the UK?

Does the leader agree that DBC should be doing all we can to ensure those EU citizens resident in Dacorum can optimise their opportunities of successfully apply for settled status rights.

In particular:

1.    Will the Leader ensure that Dacorum Borough Council will take all reasonable and necessary steps to assist EU citizens resident here, particularly the vulnerable, with applications for settled status?

2.    In particular, will he pledge to introduce the following measures:

1.    Immediately provide easily accessible information and support to EU citizens on the DBC website. This would include a letter from the Leader to EU citizens outlining in plain language that EU citizens are welcome in Dacorum and the support that they can access in applying for settled status (such as the example set by the leader of Vale of White Horse District Council Annex 3) and links to government information.

3.            Set up an urgent review of services to consider how DBC can further offer support to EU citizens in Dacorum in terms of:

1.    Helping with process

2.    Providing additional resources necessary, such as computer terminals in libraries for those who do not have the app

3.    Fast tracking requests for evidence of residence in Dacorum to support Settled Status applications and training staff to proactively assist such applicants

4.    Training staff to generally support and advise residents making such applications

5.    Commit to providing the funding necessary to reach out to vulnerable groups, such as

1.    providing grants to outreach groups and

2.    ensuring all DBC staff who work with the elderly, the homeless and residents with other vulnerabilities are trained in proactively offering appropriate support and identifying and supporting those at risk of failing to apply for settled status

ANNEX 1

Extract 1 from Briefing Paper No:8772 House of Commons Library

Commons Library Briefing, 3 January 2020

“The Home Office is undertaking a range of outreach and communications activities targeted towards EUSS applicants. But it has been estimated that about 30% of EU citizens may struggle with the EUSS application process, whether due to a lack of awareness of the scheme or difficulties making an application or proving their eligibility. They are therefore particularly vulnerable to losing their status and entitlements in the UK. Groups identified include the elderly, people with limited English, children and young people in the care system, homeless people, people who arrive soon before the deadline and people in casual employment.8

Another major concern the 3 million have is that the government has rejected calls to issue physical proof of status documents to people who successfully apply to the EUSS. Instead, they receive a digital status”

ANNEX 2

Extract 2 from Briefing Paper No:8772 House of Commons Library

Commons Library Briefing, 3 January 2020

2.3 Deadline for applying to the EUSS

Clause 7 allows Ministers to make regulations specifying a deadline for applications to the EUSS. The WA states that the deadline cannot be less than six months after the end of the transition period (therefore, 30 June 2021, unless extended). The government has been criticised for not setting out in any detail its intended approach towards people who miss that deadline.

ANNEX 3

Sample letter from Leader of Vale of White Horse District Council

2.            Councillor Freedman asked the following question in writing to the Leader of the Council:

The government wants to make it compulsory for voters in England, Scotland and Wales to show photo identification before casting their ballots. They say the legislation will “tackle electoral fraud and protect our democracy.” 

Elections, including the December General election are carried out by the borough Councils Electoral services team. To quantify the problem that Boris Johnson seeks to solve, I would like more information about electoral fraud in our area.

In the December 2019 General Election in the Borough of Dacorum:

Qi. How many votes were disallowed because it was found the same voter registration had been used twice?

A.    None.

Qii. How many people were turned away from voting due to polling station staff being unconvinced the voter was not who they claimed to be?

A.    None. Full training is provided to polling station staff before each election and handbooks are supplied so they have the necessary guidance and legislation.  No Presiding Officers reported having to resort to these procedures.

Qiii. Of these, how many were turned away because they were unable to produce any ID, and how many because they produced inadequate ID?

A.    Under the current legislation and Electoral Commission Guidance, electors at the polling station are not required to produce any form of Identification.

Qiv. How many people were turned away from voting due to presenting at a polling office outside of their allocated station?

A.     This information is not recorded. Electors turning up at the wrong polling station would be directed to the correct polling station by the Presiding Officer.

Qv. How many postal votes were rejected due to multiple votes being received from the same voter?

A.    None.

Qvi. How many postal votes were rejected due to inability to verify the voters’ identity?

A.    197. These would include missing signatures, missing date of birth, mismatched signatures and mismatched date of birth.

Qvii. How many postal votes were rejected for any other reason?

A.    63. This would be for missing ballot papers or missing statements.

Qviii. How many votes were counted that have since been found to have been invalid votes?

A.    None. The total number of ballot papers rejected at the count was 207.

Qix. How many invalid (as opposed to intentionally spoiled) votes, either postal or via a polling station were received?

A.    All votes cast at the polling station would initially be deemed valid and then included in the count. Any incomplete postal votes would be considered invalid (not spoiled) and would not then have been forwarded to the count.

Qx. What was the total number of valid votes cast across the Borough?

A.    51,272

Qxi. What was the total (%) voter turnout across the Borough?

A.    69.53%

4.1       By the Mayor:

“In the lead up to Christmas I attended a number of carol services. On Christmas Day morning I attended two elderly persons care homes, Fire Stations and the Salvation Army.

Last week we had an excellent quiz night. Thank you to everyone that attended to support Sunnyside Rural Trust.

On Monday 27^th January at 6pm in the market place there is a Holocaust Memorial to remember all those who have been affected by genocide. Everyone is welcome. 

Tring Park presents KIPPS, the new half a sixpence musical in February. It is an exceptional performance and tickets are selling fast.

Finally, the civic dinner will be held on 27 March at Pendley Manor. Please support if you can.”

4.2       By the Chief Executive:

None.

4.3       By the Group Leaders:

Councillor Williams confirmed that apologies had been received from Councillors Bhinder, Imarni, Oguchi, and Independent Member Councillor Maddern.

Councillor Tindall confirmed that apologies had been received from Councillor Bowden.

4.4       Council 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.

There were no minutes available to be signed at this meeting.