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Agenda and minutes

Venue: Committee Rooms A, B and C, Civic Offices, Elstree Way, Borehamwood

Contact: Jenny Smith 

Webcast: View the webcast

Items
No. Item

33.

Communications and Apologies

(a)       Communications (if any) relating to business on the agenda.

 

(b)          Apologies for absence.

 

Additional documents:

Minutes:

The Chair welcomed Members and Officers to the meeting and advised that, in accordance with normal procedure, the meeting was being webcast.

 

Apologies for absence were received from the Corporate Director.

 

 

34.

Declarations of Interest (If any)

Members are required to declare any disclosable pecuniary interests they or their spouse/partner have in any matter which is to be considered at this meeting.  Members must also declare any other pecuniary or non-pecuniary interests they have in any matter to be considered at this meeting. The responsibility for declaring an interest rests solely with the member concerned.

 

Members must clearly state to the meeting the existence and nature of any disclosable pecuniary interest, other pecuniary interest or non‑pecuniary interest and the agenda item(s) to which it/they apply.

 

Disclosable Pecuniary Interests are prescribed by the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 as follows;

 

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

 

 

 

Sponsorship

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by a member in carrying out duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

 

 

Contracts

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority— (a) under which goods or services are to be provided or works are to be executed; and (b) which has not been fully discharged.

 

 

Land

Any beneficial interest in land which is within the area of the relevant authority.

 

 

Licences

Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

 

Corporate tenancies

Any tenancy where (to the member’s knowledge) - (a) the landlord is the relevant authority; and (b) the tenant is a body in which the relevant person has a beneficial interest.

 

 

Securities

Any beneficial interest in securities of a body where - (a) that body (to the member’s knowledge) has a place of business or land in the area of the relevant authority; and (b) either (i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

In cases of disclosable pecuniary interest, Members must withdraw from the meeting room while the matter is being considered.

 

Additional documents:

Minutes:

No Members had an interest to declare in any of the items of business on the agenda.

 

35.

Speeches by Non-Executive Members

Non-executive members attending the meeting are reminded that a non-executive member may speak for a maximum of three minutes on any item on the agenda, with a maximum of five members per item (no more than two from any one Group).

 

Additional documents:

Minutes:

The Chair advised that the usual arrangements for speeches by non‑Executive Members applied at this meeting.

 

36.

Minutes pdf icon PDF 126 KB

To confirm and sign the minutes of the meeting of the Executive held on 12 September 2018.

 

No discussion shall take place upon the minutes, except upon their accuracy.

 

 

Additional documents:

Minutes:

The minutes of the meeting of the Executive held on 12 September 2018 were approved and signed as a true record.

 

37.

Recommendations from Scrutiny Committees

Additional documents:

37.1

Physical Access Security Review - Executive Response pdf icon PDF 270 KB

The Executive is asked to consider Officers’ recommendations and formulate a response to the recommendations arising out of the Operations Review Committee’s Review of Physical Access Security.

 

 

Additional documents:

Minutes:

Decision that:

 

1.     it be noted that the management of the Civic buildings, access to Officers, health and safety and security matters falls outside the remit of elected members and the Executive; and

 

2.     the observations of Officers in response to the recommendations of the Operations Review Committee, as outlined in section 3 of Report EX/18/59, be noted and relayed to the Operations Review Committee.

 

Reasons for the Decision

 

The Operations Review Committee had carried out a review of the physical access arrangements within the Council’s Civic Offices.  The review was the result of the Committee’s and Councillor colleagues’ concern about the difficulties they had experienced in accessing the Civic Offices and in contacting Council Officers whilst conducting Council business.  The rationale behind the recommendations was to assist Officers and Councillors to work together without reducing the safety and security of data and personnel.

 

In accordance with the Local Government and Public Involvement in Health Act 2007 and the Council’s Constitution, the Executive was required to respond to recommendations from scrutiny committees with an indication of what action if any the Executive proposed to take.  The decision in (2) above, as detailed in the report to the Executive, was largely supportive of the scrutiny committee recommendations and constituted that response. 

 

Alternative Options Considered and Rejected

 

An alternative option was to disregard the scrutiny committee recommendations in full since the matters in question fell outside the remit of the Executive and elected Members.  Whilst Members had no authority with regard to these arrangements, it was noted that Officers were generally supportive of the scrutiny recommendations. 

 

Key Points Arising from the Discussion

 

·       The Opposition Group Leader conveyed apologies for absence from the Review Panel Lead Member.  He reported the Lead Member’s grateful thanks to Officers for their diligence in considering the review recommendations and for their observations as outlined in section 3 of the Executive report.

 

·       Following a comment from the Community and Economic Development Portfolio Holder, the Chief Executive acknowledged that lessons could be learnt on what areas were appropriate for scrutiny by Members.  He reassured Members that they had access to the Council Offices first floor, including Democratic Services, and confirmed that all Members had access to the Members’ Room and had priority use of the room.

 

(Action:  Democratic Services Officers)

 

 

37.2

Fly Tipping Review - Executive Response pdf icon PDF 216 KB

The Executive is asked to consider Officers’ recommendations and formulate a response to the recommendations arising out of the Operations Review Committee’s Review of Fly Tipping.

 

Additional documents:

Minutes:

Decision that the responses to the recommendations of the Operations Review Committee, as outlined in Appendix A to Report EX/18/60, be agreed and that this be reported back to the Operations Review Committee accordingly.

 

Reasons for the Decision

 

The Operations Review Committee had identified fly tipping as a matter of local concern and recognised that the problem was becoming a nationwide issue that carried health and safety risks as well as being an environmental eyesore.  The scrutiny committee had sought clarity on how well the Council was combatting fly tipping.  The review’s main objective had been to identify methods of reducing and detecting fly tipping in view of the Council’s duty as a public body to ensure that all possible solutions were put in place.

 

In accordance with the Local Government and Public Involvement in Health Act 2007 and the Council’s Constitution, the Executive was required to respond to recommendations from scrutiny committees with an indication of what action the Executive proposed to take.

 

The reasons for each of the responses to the individual recommendations were detailed in the report’s appendix.  Whilst most of the recommendations were agreed, notably recommendations 1, 5, 6, 8 and 10, the remainder were either partially agreed (2 and 3) or not agreed (4, 7 and 9).

 

Alternative Options Considered and Rejected

 

An alternative option of ignoring the issue of fly tipping was not regarded as an acceptable way forward.  Hence, Officers and Members were committed to improving the Council’s current approach to the prevention of fly tipping.

 

The possibility of approving all the recommendations without qualification was not regarded as appropriate as some were outside the Council’s remit, were not feasible or required further future consideration.

 

Key Points Arising from the Discussion

 

·       Referring to scrutiny recommendation 3, a non-Executive Member pointed out that CCTV was the most effective deterrent to fly tipping and, in relation to possible increased investment, asked about the current criteria for placing cameras in susceptible areas.  The Community Safety and Performance Portfolio Holder stressed the value of mobile cameras.  He clarified that, following prosecution aided by a fixed camera, an offender would be aware of a camera’s location and be able to move the problem elsewhere whereas mobile cameras were able to catch offenders ‘in the act’.  He added that mobile cameras were not more expensive but critical appraisal would need to be undertaken that could justify placing people under surveillance as they pursued their day-to-day lives.

 

·       A Member of the Review Panel said that he welcomed the Executive’s approval of recommendation 6 in respect of the inclusion of a fly tipping budget within the Council’s annual budget as the problem involved swift action by the Council.

 

·       The Housing Portfolio Holder, who sat on the CCTV Partnership, suggested that, aside from the use of CCTV to tackle the problem, everyone should be encouraged to be vigilant and report any offences to the Environmental Health department.  She added that much of the fly tipping in Borehamwood occurred behind the shops and  ...  view the full minutes text for item 37.2

38.

Key Decisions

Additional documents:

38.1

Local Plan Review pdf icon PDF 467 KB

The agreement of the Executive is sought for the publication of a ‘Potential sites for housing and employment’ document, which will form an important part of the ongoing public and stakeholder engagement for the preparation of the new Hertsmere Local Plan.

 

Additional documents:

Minutes:

Decision that:

 

1.     the involvement of the Member Planning Panel in reviewing the work undertaken by Officers relating to strategic site options following the Issues and Options consultation in autumn 2017, as set out in the Member Planning Panel minutes of 4 September 2018, be noted;

 

2.     the publication of the Issues and Options Consultation Report relating to the above be noted; and

 

3.     the publication of the ‘Potential sites for housing and employment’ document, as set out in report Appendix 1, be agreed for public and stakeholder engagement, subject to any minor amendments to be agreed by the Head of Planning and Economic Development in consultation with the Portfolio Holder for Planning and Localism, as part of the Local Plan preparation work being undertaken under Regulation 18 of The Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended).

 

Reasons for the Decision

 

The Council was required by statute to undertake early engagement on the preparation of a Plan, prior to producing its Draft Plan for submission for public examination.  Appropriate engagement at an early stage of the plan preparation process was important in ensuring the public and key stakeholders had opportunities to make their views known and also in enabling the Council to demonstrate that it had consulted on and considered a range of options before submission for examination.

 

The regulations allowed local planning authorities considerable flexibility as to how they carried out the initial stages of plan production.  Nevertheless, engagement would need to be subject to the statutory minimum notification requirements and the commitments set out in the Council’s Statement of Community Involvement (SCI).  The most recent SCI had been adopted by the Council in November 2017.

 

Alternative Options Considered and Rejected

 

Alternative options were as follows:

 

·          Progress direct to formal Publication (Regulation 19) stage without any interim engagement stage.  However, due to outstanding work and information requirements, this stage could not realistically be reached until autumn 2019.  This would mean that there would be no visible progress on Local Plan preparation for almost two years.  Residents and other stakeholders would also not have the opportunity to comment on potential development sites, as advised at the Issues and Options stage, and the Council would find it harder to demonstrate that it had considered ‘reasonable alternatives’ in terms of sites and overall strategy when preparing its plan.

 

·          Wait until all required information was received to inform a full Draft Local Plan or a Preferred Options document before carrying out further engagement.  However, Officers were not expected to be in a position to recommend a ‘preferred’ development option until mid 2019 and to postpone engagement until this time would delay and extend the overall plan-making programme and make the Council more vulnerable to both speculative applications and Government intervention.

 

Key Points Arising from the Discussion

 

·        The Planning and Localism Portfolio Holder reminded Members of the process in the preparation of the new Hertsmere Local Plan of which the current request for Executive approval of the ‘Potential  ...  view the full minutes text for item 38.1

38.2

Radlett Neighbourhood Plan (Regulation 16 publication) pdf icon PDF 425 KB

The Executive is asked to approve the draft Radlett Neighbourhood Plan for consultation.

 

Additional documents:

Minutes:

Decision that:

 

1.       the draft Radlett Neighbourhood Plan, as set out in Appendix 1 of the report, be published for public consultation for a minimum of six weeks;

 

2.       the Head of Planning and Economic Development be authorised to appoint an independent examiner in consultation with Aldenham Parish Council; the Chief Executive be authorised to make the appointment in the absence of the Head of Planning and Economic Development;

 

 

3.       following public consultation, the draft Plan and representations received be submitted for independent examination; and

 

4.       following receipt of the Examiner’s report, Officers be requested to bring a report to a future meeting of the Executive and the Council considering the Examiner’s views and seeking agreement on whether or not to update the Radlett Neighbourhood Plan, as required by any modifications, and proceed to local referendum, the date to be agreed with the Council’s returning officer.

 

Reasons for the Decision

 

As the local planning authority for this neighbourhood plan, the Council was required to publish the plan on behalf of Aldenham Parish Council once submitted under Regulation 16 of Neighbourhood Planning (General) Regulations 2012. 

 

Alternative Options Considered and Rejected

 

There were no alternative options since consultation on and publication of the neighbourhood plan was a procedural requirement under Regulation 16 of the Neighbourhood Planning (General) Regulations 2012.

 

Key Points Arising from the Discussion

 

·       The Portfolio Holder for Planning and Localism referred Members to report paragraph 5.1 and advised that the Council planned to publish the draft Radlett Neighbourhood Plan for consultation for a six‑week period commencing 12 November 2018, following which it would be submitted for independent examination along with any representations received.

 

·        The Portfolio Holder for Leisure, Culture and Health expressed her delight for the residents of Radlett that this matter was proceeding.  She pointed out that the Plan would be the first in Hertsmere, setting a good example as well as lending weight to planning decisions.  In this regard, she asked whether the document would carry weight during the consultation period or whether this only applied after its adoption.  The Portfolio Holder for Planning and Localism confirmed that the document would carry weight for planning applications determined on or after 12 November 2018.  The Head of Planning and Economic Development provided further clarification of this issue at Members’ request.  The Head of Legal and Democratic Services summarised that the policy would fall away if not approved at a local referendum but that the planning decisions made prior to this would still be sound.

 

(Action:  Planning Policy Team Leader/Planning Assistant)

 

 

39.

Non-Key Decisions

Additional documents:

39.1

Procurement of Personal Safety Devices pdf icon PDF 89 KB

The Executive is asked to approve the procurement of personal safety devices for all lone workers and to agree to a dispensation of Contract Procedure Rules to allow the purchase of the particular devices recommended by the Health and Safety Officer.

 

Additional documents:

Minutes:

Decision that the procurement of personal safety devices for all lone workers be approved and a dispensation from the Councils Contract Procedure Rules be agreed to allow the purchase of the particular devices recommended by the Health and Safety Officer, as set out in section 5 of the report.

 

Reasons for the Decision

 

The decision would allow Officers to proceed with the purchase of further personal safety devices to ensure compatibility across the Council’s departments and to provide Officers with protection as speedily as possible.

 

Personal safety devices were currently used by Civil Enforcement Officers within Parking Services to protect them during the course of their work.  The service wished to continue with these devices as the provider selected had proved to be very reliable and satisfied the needs of the service.  The devices had also been tested by other departments.

 

Alternative Options Considered and Rejected

 

An alternative was to undertake a procurement exercise to purchase further personal safety devices.  However, this option was not supported as it might result in a lack of compatibility across departments and a delay in extending their use to other staff in vulnerable roles, such as housing officers. 

 

Key Points Arising from the Discussion

 

·       A non-Executive Member expressed his support for the report’s recommendation and suggested that similar provision be made for Councillors who might also be placed at times in vulnerable situations.  The Chair said that he understood a number of extra devices would be ordered for that purpose.

 

(Action:  HR Adviser)

 

 

40.

Date of Next Meeting

The next meeting of the Executive is scheduled to take place at 6pm on Wednesday, 14 November 2018 at the Civic Offices, Elstree Way, Borehamwood.

 

Additional documents:

Minutes:

Noted that the next meeting of the Executive was scheduled to be held on Wednesday, 14 November 2018 at 6.00pm.

 

41.

Exclusion of the Public

Recommendation that, under S100A(4) of the Local Government Act 1972, the 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 Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item                                Paragraphs in Schedule 12A

 

1.       KEY DECISIONS

 

1.1     None.

 

 

2.       NON-KEY DECISIONS

 

          2.1     Upgrade of Asset Management                                  3

                    Software

 

 

Additional documents:

Minutes:

 

RESOLVED that, under Section 100A(4) of the Local Government Act 1972, the 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 Part I, Schedule 12A to the said Act:-

 

Part II Agenda Item                                  Paragraphs in Schedule 12A

 

1.       KEY DECISIONS

 

1.1      None.                                                                                

 

 

2.       NON-KEY DECISIONS

 

2.1     Upgrade of Asset Management                           3

          Software                                    

 

42.

Upgrade of Asset Management Software

Report of Officers.

 

Minutes:

Decision that:

 

1.       the procurement and implementation of the IDOX Uniform Estates Management Module be approved;

 

2.       dispensation be granted from the Council’s Contract Procedure Rules for the purchase of the IDOX Uniform Estates Management Module since the Council has already purchased and implemented the core system; and

 

3.       one-off spend be approved for implementing the system, to be funded from the Asset Management budget underspend and/or any shortfall from the 2018/19 contingency budget.

 

Reasons for the Decision

 

The decision to identify an alternative estates management software solution for the Council was the combined result of a recommendation arising out of a Peer Review of Asset Management by the East of England Local Government Association; enhanced General Data Protection Regulation (GDPR) requirements; and a review of the Council’s business needs.

 

It was considered that the solution would help to achieve improvement in the recording, access and reporting of the Council’s property management and performance information and also enable integration with the corporate finance system.  In addition, the system would allow for access by other services including Planning, Legal and Parks and Open Spaces thus offering enhanced benefits across the Council.

         

Alternative Options Considered and Rejected

 

An alternative option was not to replace the existing system and forego the operational efficiencies and cashable savings. However, this option was not agreed as it would not provide the improved management and performance information required.

 

Another option was to replace the existing system with an alternative, stand alone, similar product.  However, Members considered that this option would fail to achieve the benefits of integration and consolidation with other existing IDOX modules and would also incur additional resources for implementation and ongoing support.  This option was therefore not supported.

 

(Action:  Property Services Manager)