Minutes Cabinet Monday, 13 May 2019 - of the Meeting of the on

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    Minutes
      of the
   Meeting of the
     Cabinet
        on
Monday, 13 May 2019
1.   Public Notice 1                                                       F_PRO

2.   Public Notice 3                                                       F_PRO

3.   Public Notice 4 & 5                                                   F_PRO

4.   Agenda                                                                F_PRO

5.   late Item - Agenda Item 7 Financial Outlook for the Period 2020/21-   F_PRO
     2023/24

6.   late Item - Agenda Item Developer Selection for Greater               F_PRO
     Brookfield, Cheshunt

7.   Minutes                                                               F_PRO
Minutes

To: All Members of the Cabinet,          From:    Legal, Democratic & Statutory Services
    Chief Executive, Chief Officers      Ask for: Deborah Jeffery
                                         Ext:     25563

CABINET
13 May 2019

ATTENDANCE

MEMBERS OF THE CABINET

D A Ashley, P Bibby, T L F Douris, T C Heritage, T W Hone, T R Hutchings, R M Roberts,
R Sangster, J D Williams, (Leader of the Council)

Other Members in Attendance

E H Buckmaster

Upon consideration of the agenda for the Cabinet meeting on 13 May 2019 as circulated,
copy annexed, conclusions were reached and are recorded below:

Note: No conflicts of interest were declared by any member of the Cabinet in relation to the
matters on which decisions were reached at this meeting.

PART I (‘OPEN’) BUSINESS

1.       MINUTES

1.1      The Minutes of the Cabinet meeting held on 15 April 2019 were confirmed as a
         correct record and signed by the Chairman.

2.       QUESTIONS FROM MEMBERS OF THE COUNCIL TO EXECUTIVE
         MEMBERS

2.1      There were no questions from Members of the Council to Executive Members.

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3.    PUBLIC PETITIONS

3.1   There were no public petitions.

4.    HIGHWAY LIAISON MEETING ARRANGEMENTS
      [Forward Plan Ref: A017/19]

      Decision

4.1   Cabinet agreed to Option 3 in paragraph 8.5 of the report as follows:

      Option 3 – Choice of either HLM or Highway Workshops - Chairperson to
      decide on best meeting format going forward considering frequency and
      attendance levels from previous HLMs (see table 1 of attached report).

      Reasons for the decision

4.2   Highway Liaison Meetings (HLMs) are intended to provide a strategic overview
      of the highway service pitched at providing information and updates on projects
      and issues at a district-wide level of interest, as opposed to very local site
      specific casework matters which would only be of genuine interest to a small
      proportion of the audience.

4.3   The aim now is to engage with a wider group of locally elected representatives,
      district/borough officers, as well as those of the County Council, to present
      items on highway matters/projects etc. and better reflect the more involved
      role of county Members in line with the objectives of the Hertfordshire Local
      programme.

4.4   In arriving at its decision, Cabinet considered the above, the results of the
      Survey, the options at item 8, the financial implications, the equality implications
      and the recommendations of the Highways & Environment Cabinet Panel.

      Any alternative options considered and rejected

4.5   Option 1 – Replace the existing HLMs with Highway Workshops.

4.6   Option 2 – Retain the existing HLM format

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5.       TO APPROVE PROPOSALS FOR THE PROVISION OF A NEW 60 PLACE
         SECONDARY SPECIAL SCHOOL AT THE WOODSIDE CENTRE, WELWYN
         GARDEN CITY, INCLUDING FINANCIAL CONSIDERATIONS
         [Forward Plan Ref: A022/19]

         Decision

5.1      Cabinet:

                (i) noted the need for an additional Special School to meet growing
                    needs of pupils with Complex Needs, as set out in Appendix A;

                (ii) agreed in light of the indicated need to take forward provision of a
                     new school through the Free Schools route, taking advantage of the
                     DfE’s approval to the county’s bid for a new free school;

                (iii) agreed that Under s122(1) Local Government Act 1972 the
                      Woodside Centre, Welwyn Garden City be appropriated from use as
                      a Central and Shared site to education purposes to allow for the
                      provision of a new secondary special school (free school) to allow
                      the County Council to progress a bid from DfE for capital and
                      revenue funding;

                (iv) agreed the provision of capital funding of up to £0.5m to cover s278
                     Highways Act 1980 costs and any site clearance work if required,
                     approval of the final sum to be delegated to the Director of
                     Resources, in consultation with the Executive Member for
                     Resources and Performance and the Executive Member for
                     Education, Libraries and Localism;

                (v) noted and agreed that, following a competition to establish who will
                    operate the school, the site will need to be transferred to the new
                    school under a 125 year peppercorn lease and delegated the
                    approval of the final terms of this lease to the Director of Resources
                    in consultation with the Executive Member for Resources and
                    Performance; and

                (vi) agreed the provision of Herts Action on Disability (HAD), Herts
                     Vision Loss (HVL) and the Herts Hearing Advisory Service (HHAS)
                     services located at the proposed premises should be taken into
                     account as the project proceeds.

         Reasons for the decision

5.2     In line with the County Council’s Special Educational Needs and Disabilities
        (SEND) Strategy, the need has been identified for an additional special school
        to meet the growing number of children with complex needs. A bid to the
        Department of Education (DfE) for a new free school within its special and AP
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Free School Wave 2 programme has been successful, with capital and
      revenue benefits.

5.3   A requirement for the approval by DfE of funding for a Free School is that the
      local authority provides a site, pays for any potential S278 works offsite (i.e.
      works to the highway) and, if the DfE decides to rebuild any premises, to clear
      the site. The site is also required to be provided on a long leasehold basis, on
      terms consistent with the model form of Academy Lease, at a peppercorn rent.
      In light of this approval to meet the identified need through the free school
      route is being sought.

5.4   The Woodside Centre is a current under-utilised Central & Shared site in
      Welwyn Garden City, formerly used as a school. This site has been identified
      by officers as being of a size capable of providing a new 60 place secondary
      special school and located close to the centre of the county where the need
      has been identified.

5.5   In reaching its decision, Cabinet considered the above, together with the
      financial implications; the equality implications; and the recommendations of
      the Education, Libraries & Localism Cabinet Panel and the Resources &
      Performance Cabinet Panel.

5.6   Cabinet’s decisions will ensure that the Council continues to meet its statutory
      duty to provide sufficient school places as close as possible to the demand for
      them.

      Any alternative options considered and rejected

      None.

6.    PROGRESS ON LIBRARY/FIRE CO-LOCATION PROGRAMME,
      INCLUDING WHETHER SAWBRIDGEWORTH SHOULD CONTINUE TO BE
      INCLUDED WITHIN THE PROGRAMME
      [Forward Plan Ref: A016/19]

      Decision

6.1   Cabinet agreed:

         (i) that the Council should not proceed with the proposed relocation of
             Sawbridgeworth Library with the on call Fire Station;

         (ii) that the Library Service should consider other opportunities to re-locate
              Sawbridgeworth Library, when it has the capacity to do so; and

         (iii) an additional £674,000 capital funding to complete Redbourn and
               Wheathampsted Library / Fire Co-location. The capital funding is to be
               provided from the Inspiring Libraries Transformation Funding.

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Reasons for the decision

6.2   In October 2014, the County Council secured £700,000 in funding from the
      Department for Communities and Local Government Fire and Rescue Service
      Transformation Programme, to support a programme to co-locate several
      Libraries with their local on call Fire Station. The responsibility for managing
      this funding has now moved to the Home Office.

6.3   The four locations identified at the initial feasibility stage were Buntingford,
      Redbourn, Sawbridgeworth and Wheathampstead. However, since the initial
      proposals there has been significant local resident opposition to both the
      Buntingford and the Sawbridgeworth proposals. The Buntingford proposal was
      withdrawn in 2016.

6.4   More detailed design work, planning conditions, statutory requirements as well
      as additional ground works required in the construction phase at Redbourn and
      Wheathampstead has led to the individual projects increasing in cost.
      However, completion of these sites will provide two community libraries and on
      call fire stations. The new libraries will be state of the art, designed to support
      the volunteers deliver services effectively. The on call fire stations will be
      refurbished and modernised.

6.5   Redbourn library is currently in critical need of re-provision, as it is housed in a
      temporary building well past its suitability to deliver library services. The co-
      location with the on call fire station will be achieved at significantly less cost
      than if the County Council had to re-provide Redbourn Library at its current
      site.

6.6   This programme will provide renewed services, in fully provided buildings,
      based in their local communities that are sustainable into the future. By co-
      locating the services the Council will be reducing revenue costs and enabling
      the services to work together to improve outcomes for their local communities.

6.7   In reaching its decision, Cabinet considered the above, together with the
      financial implications; the equalities implications; and the recommendations of
      the Education, Libraries & Localism Cabinet Panel.

      Any alternative options considered and rejected

      None.

7.    FINANCIAL OUTLOOK FOR THE PERIOD 2020/21-2023/24

      Decision

7.1   Cabinet:
            a)         noted the financial outlook as set out in the document
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attached to the Report;
              b)       noted the need to proceed ahead of usual timeline for the
                       budget preparation to ensure adequate time to consider
                       possible new areas for savings;
              c)       invited Cabinet Panel meetings in June and July 2019 to
                       consider the financial outlook, the initial high level options
                       suggested and to suggest other areas that the Council should
                       be considering in order to meet the financial challenges; and
              d)       noted that specific proposals for any new efficiencies or policy
                       choices will be brought forward for separate consideration as
                       part of the Integrated Plan process in Autumn 2019.

      Reasons for the decision

7.2   The Financial Outlook report outlines the significant financial challenges faced
      by the Council and also starts to indicate the high level areas that need to be
      looked at in order to tackle this challenge. The intention is for Cabinet Panels
      to use the financial outlook during their summer meetings and seek feedback
      from initial options on what other areas the Council needs to be considering.

      Any alternative options considered and rejected

      None.

8.    REVIEW OF THE CONSTITUTION

      Decision

8.1      1. Cabinet recommended to County Council that Annexes 6 and 7 of the
            Constitution be amended as set out in the revised Appendix A and
            circulated prior to the meeting, and Appendix B to the report.

         2. Cabinet noted that the remaining parts of the Constitution reviewed are
            to be the subject of a report to the Annual Meeting of Full Council on 21
            May 2019.

      Reasons for the decision

8.2   During the past twelve months a review of the Constitution has been
      undertaken in order to ensure that it is lawful, fit for purpose, takes into account
      current practice and is as user friendly as is consistent with a formal legal
      document.

8.3   In carrying out the review, the Chief Legal Officer has been assisted by a
      Member Advisory Group (“the MAG”) consisting of 3 Councillors: the Deputy
      Leader of the County Council, the Group Leader for Labour and the Group
      Leader for the Liberal Democrats.

8.4   The Constitution provides that changes to Annex 6 may only be made by the
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Full Council after consideration of a report from Cabinet. Annex 7 requires
       approval from Cabinet as it contains the Cabinet’s own procedure rules.

8.5    The remaining parts of the Constitution reviewed will be the subject of a report
       direct to Full Council at the Annual Meeting on 21 May 2019.

       Any alternative options considered and rejected

       None.

9.     WHETHER TO PUBLISH A STATUTORY NOTICE IN RESPECT OF THE
       PROPOSAL TO ENLARGE THE PREMISES OF CODICOTE PRIMARY
       SCHOOL TAKING INTO CONSIDERATION THE OUTCOME OF A PUBLIC
       CONSULTATION
       [Forward Plan Ref: A015/19]

       Discussion took place on this item in Part I.

10.    TO CONSIDER THE FUTURE OF WRIGHTS FARM, PIRTON
       [Forward Plan Ref: A021/19]

       Discussion took place on this item in Part I.

11.    DEVELOPER SELECTION FOR GREATER BROOKFIELD, CHESHUNT
       [Forward Plan Ref: A020/19]

       This item of business was deferred.

12.    CAPITAL CONTRIBUTION TO OFF-SITE HIGHWAY WORKS, KATHERINE
       WARINGTON SCHOOL, HARPENDEN

       Discussion took place on this item in Part I.

13.    PART II (‘CLOSED’) AGENDA
       EXCLUSION OF PRESS AND PUBLIC

13.1   Cabinet then decided to move into Part II (‘closed’ session’) and passed the
       decisions at paragraphs 13.2 below.

13.2   That under Section 100(A)(4) of the Local Government Act 1972, the press and
       public be excluded from the meeting for the following item of business on the
       grounds that it involves the likely disclosure of exempt information as defined in
       paragraphs 3 of Part 1 of Schedule 12A to the said Act and the public interest
       in maintaining the exemption outweighs the public interest in disclosing the
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information.

       That, pursuant to Section 100A(2) of the Local Government Act 1972, the
       press and public be excluded from the meeting for the item of business
       mentioned at 4 below as it contains confidential information as notified by the
       Department for Education.

13.3   Following discussion on the Part II Report on the items referred to at 9, 10 and
       12 above and Recommendations, Cabinet moved back into Part I (open
       session) and considered the Part I Recommendations and made the decisions
       at 14.1, 15.1, and 16.1 below.

14.    WHETHER TO PUBLISH A STATUTORY NOTICE IN RESPECT OF THE
       PROPOSAL TO ENLARGE THE PREMISES OF CODICOTE PRIMARY
       SCHOOL TAKING INTO CONSIDERATION THE OUTCOME OF A
       PUBLIC CONSULTATION
       [Forward Plan Ref: A015/19]

       Decision

14.1   Cabinet:

              (i)     authorised the Director of Children’s Services to publish statutory
                      notices to enlarge the premises at Codicote Church of England
                      Primary School, by the size and date below:

        School        Area        Date of    Expansion by        Increase in
        name                      expansion form of entry        admission
                                             (FE)                number
                                             1.0 f.e
        Codicote      Codicote    01.09.2020 (to 2 f.e.)         30

              (ii)    agreed to the capital costs of enlarging Codicote Church of
                      England Primary School as detailed in Part II of this report; with
                      the final budget for the scheme to be delegated to the Director of
                      Resources in consultation with the Executive Members for
                      Resources and Performance and Education, Libraries and
                      Localism; and

              (iii)   approved the application of S106 funds, as identified in Appendix
                      4, subject to the completion of relevant school expansion and
                      town planning statutory processes.

       Reasons for the decision

14.1   The Council’s public consultation proposals for the permanent expansion of
       Codicote Church of England Primary School in Codicote were held over a
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seven week period which began on 11 February 2019 and ended on 1 April
       2019. Overall, there were 35 responses received, of which 13 respondents
       agreed, 4 didn’t know and 18 disagreed with the proposal. The Governing body
       agreed with the proposal.

14.2   Funds are available to support the provision of new school places in relation to
       the pupil yield from new housing, via developers’ contributions under S106 of
       the Town and Country Planning Act 1990 as amended. Approval is sought to
       the application of funds currently held to the relevant scheme, subject to the
       completion of relevant school expansion and town planning statutory
       processes. The balance of funding will be met through further S106 funds
       sought from four housing developments in the villages in addition to basic need
       allocation.

14.3   There has been a need in past years to make additional places temporarily
       available to accommodate all pupils in the village, but this is no longer possible
       on site. There is proposed new housing growth in the village which, when
       combined with the existing unmet demand in the village, equates to a need to
       plan for an additional 1fe of capacity in Codicote. There is the opportunity to
       acquire additional land adjacent to the school to provide sufficient site capacity
       to enable the school to expand by 1fe to 2fe. Negotiations are currently
       underway to secure this land.

14.4   The need to enlarge the premises of Codicote Church of England School from
       September 2020 is mainly as a result of the proposed housing developments in
       the village. The school has insufficient capacity currently to meet the
       anticipated yield arising from the new homes. The timing of demand is therefore
       linked to both the granting of town planning consents and the developers build
       trajectory for the proposed housing applications in Codicote.

14.5   Cabinet considered the above in reaching its decision, together with the contents
       of the Part II Report; the results from the public consultation; the positive
       response from the governing body; the financial implications; the equalities
       implications; and the recommendations of the Education, Libraries & Localism
       Cabinet Panel.

       Any alternative options considered and rejected

       None.

15.    TO CONSIDER THE FUTURE OF WRIGHTS FARM, PIRTON
       [Forward Plan Ref: A021/19]

       Decision

15.1   Cabinet :-

               i)    Declared Wrights Farm (including the Freehold to the sub-station)
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to be surplus and disposed of subject to (ii) below and the
                     conclusion of appropriate planning enquiries and approvals and
                     other required processes.

               ii)   Delegated to the Director of Resources, in consultation with the
                     Executive Member for the Resources and Performance portfolio,
                     authority to approve the terms of the sale of Wrights Farm
                     including undertaking the pre-sale processes, and other related
                     actions as set out in the report.

       Reasons for the decision

15.1   Hertfordshire County Council (‘the Council’), holds the freehold title to Wrights
       Farm, Pirton. The farm was held as part of the Council’s Rural Estate and
       declared surplus to service needs in 2017.

15.2   The farm comprises a single detached farmhouse, timber barn, former piggery
       building, and a small number of ancillary barns and a stable block. The farm
       also contains the site of an electrical sub-station which is part of a local
       neighbour network and leased by Eastern Power Networks PLC.

15.3   Wrights Farm is located within a Rural Area Beyond the Green Belt. The
       majority of the farm is located within the rural area surrounding Hitchin
       (approximately 2.5 miles away) with the exception of the Farmhouse Plot which
       is located inside the Pirton Village Settlement Boundary, and lies to the south
       west of the farm (adjacent to the electrical sub-station). All of the buildings are
       in a poor state of repair and capital expenditure would be required to permit
       reoccupation.

15.4   Early discussions with North Hertfordshire District Council as Local Planning
       Authority have identified the potential for up to three new dwellings on the
       Farmhouse Plot (as replacements for the single detached farmhouse) and for
       conversion of the timber barn and old piggery building into a further two
       dwellings (as additions to the Farmhouse Plot), providing a total of five
       dwellings on the farm site.

15.5   The disposal will reflect the enhanced value of the site due to the outline
       planning consent and result in the realisation of a capital receipt for the
       Council.

15.6   Cabinet considered the above in reaching its decision, together with the contents
       of the Part II Report; the property implications; the financial implications; the
       equalities implications; and the recommendations of the Resources &
       Performance Cabinet Panel.

       Any alternative options considered and rejected

       None.

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16.    CAPITAL CONTRIBUTION TO OFF-SITE HIGHWAY WORKS, KATHERINE
       WARINGTON SCHOOL, HARPENDEN

       Decision

16.1   Cabinet:

                  i.   within the revised budget for the scheme, approved a Capital
                       Contribution of up to £4.555m towards off-site highways works;

                ii.    authorised the Director of Resources, in consultation with the
                       Executive Members for Education, Libraries & Localism and
                       Resources & Performance, to agree the terms of the Capital
                       Contribution as set out in i above and any subsequent approvals
                       required within the revised budget.

       Reasons for the decision

16.2   The Council has supported the Harpenden Secondary Education Trust (the
       Trust) in its bid to provide an additional secondary school in Harpenden and
       has acquired a site for it to be delivered by Central Government. The Council
       also authorised a capital cost contribution (the Capital Contribution) towards
       the scheme, for the laying out of playing fields and to support the provision of
       off-site highway works.

16.3   In September 2016, the Department for Education (DfE) announced capital
       funding for a new secondary school in Harpenden, following Cabinet’s
       authorisation of a Contribution towards the scheme to provide for the laying out
       of a full suite of playing fields and to support the provision of off-site highways
       works.

16.4   The DfE has appointed a contractor, Kier, to construct the new secondary
       school. The development of the school is being led by the DfE. Planning
       permission for the development was granted in March 2018 and construction
       has started on site.

16.5   The DfE has submitted details in respect of playing field construction to enable
       the Council to assess and agree the cost of that element of the contribution.
       The Director of Resources subsequently gave final approval to a £1.5m
       contribution towards setting out playing fields on 19 December 2018.

16.6   The DfE’s project development has now progressed to a point where it has
       submitted particulars in respect of off-site highways works, including cost
       information, to enable the Council to assess and agree that element of the
       Capital Contribution. Details of the cost submission and review were contained
       within the accompanying Part II report.

16.7   The DfE contends that it needs confirmation of a specific sum as a matter of
       urgency to enable it to continue to commission the highways works necessary
       for the school to open in September 2019. The DfE’s programme to deliver the
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school for September 2019 is challenging and an urgent decision is required to
       enable the highways works to continue.

16.8   The Katherine Warington School was incorporated into the scheme of
       coordination following confirmation that the Secretary of State had entered into
       a funding agreement with the Trust on 26 February 2019. Places have been
       allocated and families are relying on the school opening in September 2019 to
       provide a local offer for the Harpenden area. There will be insufficient places
       within the Harpenden area if the school is unable to open as planned.

16.9   Cabinet considered the above in reaching its decision, together with the contents
       of the Part II Report; the financial implications; and the equalities implications.

       Any alternative options considered and rejected

       None.

KATHRYN PETTITT
CHIEF LEGAL OFFICER                          CHAIRMAN

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