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Agenda and minutes

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

Contact: Ms Rehill, Democratic Services 

Items
No. Item

137.

Membership

Substitutes are not permitted to this Committee, unless a Member of the Committee has been unable to attend meetings for a period of three months or longer.

Minutes:

There were none.

138.

Communications and apologies

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

 

(b) Apologies for absence.

Minutes:

Apologies received from Councillors Choudhury, Griffin and Hodgson-Jones.

139.

Declarations of interests (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:

 

a.     Employment, office, trade, profession or vocation

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

 

b.     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.

 

c.     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.

 

d.     Land

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

 

e.     Licences

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

 

f.      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.

 

g.     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.

Minutes:

There were none.

140.

Minutes of the previous meeting pdf icon PDF 59 KB

To confirm and sign the ATTACHED minutes of the meeting held on 18 June 2014.

 

In accordance with the Constitution no discussion shall take place upon the minutes, except upon their accuracy.

Minutes:

It was proposed by Councillor Morris and seconded by Councillor Harrison that Councillor Wayne take the Chair.

 

RESOLVED that the minutes of the meeting held on 18 June 2014 be approved and signed as a correct record.

141.

Financial Monitoring (regular item) pdf icon PDF 85 KB

 To consider the ATTACHED update.

Minutes:

The Head of Finance was in attendance for this item.

 

The key points of the report were presented. The Committee was advised that most departments had a positive surplus.

 

RESOLVED that the update be noted.

142.

Performance Monitoring Quarter 4 pdf icon PDF 190 KB

To consider the ATTACHED regular report deferred from the last Committee meeting.

Additional documents:

Minutes:

The Head of Partnerships and Community Engagement was in attendance for this item.

 

The key sections of the report were highlighted and a number of points discussed, including:

-        sickness levels had progressively reduced. This was the cumulative result of the various initiatives that were in place (eg health and wellbeing programme, changes to the trigger levels).

-        the target for number of young people taking part in sport development was being reviewed as it had been based upon historical data rather than on the programme of activity planned for the current year. The revised target would be more accurate and achievable.

 

RESOLVED that the report be noted.

143.

Section 106 Activity & Appeals: Jan-Jun 2014 (6-monthly item) pdf icon PDF 77 KB

To consider the ATTACHED report, which includes an explanation of the process for spending and recording the spending of S106 monies.

Additional documents:

Minutes:

The Portfolioholder, the Policy and Transport Manager and the Monitoring and Research Officer were in attendance for this item.

 

The report was presented and the following additional data was provided for the fourth column of Table 1:

-        TP/13/1336  – limited to £430 000

-        13/2187/FUL – no limit

-        TP/13/0072 - £255 000 limit

-        TP/13/1677 - £1 025 000 limit

-        TP/13/1373 - £507 200 limit.

 

A number of points were discussed, including:

-        planners were awaiting legal advice on whether it was acceptable to ask for a percentage of the market value without any ceiling rather than a set sum based on the Supplementary Planning Document requirement. Officers did not wish to insert clauses for disproportionate or unrelated clawback which could potentially be contrary to the statutory requirements set out in the Community Infrastructure Levy Regulations. Whilst the Committee accepted that developers would reason that they were taking the financial risk so should may no more than what they would have paid when granted approval, it could also be said that developers were passing some of the risk to the Council by not building the affordable homes and if the economy went into a downturn the Council would not get the money either.

-        rather than updating the document every year, the new Affordable Housing SPD contained baseline commuted payments for 2014.  In subsequent years, as and when new planning applications result in a potential commuted payment being sought, any percentage increase (or decrease) in local house sales data would result in that baseline figure in being amended accordingly.

 

RESOLVED that the report be noted.

144.

Appeals: Jan-Jun2014 (6-monthly item) pdf icon PDF 56 KB

To consider the ATTACHED report inc inspectors’ explanations digest of local case law.

Additional documents:

Minutes:

The Portfolioholder, the Policy and Transport Manager and the Monitoring and Research Officer were in attendance for this item.

 

The report was presented. There were no changes since the last report. The Committee noted the positive performance and were advised that the performance was much better than at other councils.

 

RESOLVED that the report be noted.

145.

Proposals for a Scrutiny Review on Section 106 agreements

Councillor Morris will present ideas on how to scrutinise Section 106 agreements.

Minutes:

The Portfolioholder and the Policy and Transport Manager were present for this item.

 

Councillor Morris presented a draft terms of reference for the proposed Scrutiny Review (attached as an appendix to these minutes). The work would encompass all S106, including Affordable Housing, and would also look at how systems operated in other councils.

 

Officers advised that much of the current system would be overtaken by the Community Infrastructure (CIL). The Committee believed it was useful to review past procedures as that would inform the Council’s future activities, but if the review found that CIL was more relevant than S106 it could instead just focus on the affordable housing aspects.

 

Councillor Morris invited Officers to submit feedback on the drafted terms of reference and would give due consideration to any comments that were forwarded to him.

 

Councillor Hodgson-Jones had proposed that Councillors Lyon and Sachdev assist Councillor Morris with this work. The Portfolioholder queried whether it should not be councillors with more experience of planning, given the nature of the subject matter and the importance of it to the Council.

 

RESOLVED that the terms of reference be approved and that Councillor Hodgson-Jones be asked to confirm the membership, in particular whether it would be useful to have more experienced councillors conducting the scrutiny.

146.

Reports from Scrutiny Committees

The Chairman of the Resources and Environment Scrutiny Committees will report on the work of their respective committees in the current municipal year to date.

Minutes:

Environment would be considering the Implementation of CIL (all scrutiny councillors had been invited to attend), the Portfolioholder update and the Empty Homes Strategy.

Resources would be considering the results of the Homeworking Pilot, Hertsmere Leisure contract performance and a Revenues & Benefits update.

147.

O&S Learning and Development

(a)         To note any forthcoming dates for overview and scrutiny learning and development opportunities; and

 

(b)         To receive feedback from Members and Officers in relation to any overview and scrutiny related learning and development events.

Minutes:

The Committee asked that details of a 3-day scrutiny conference in October 2014 by INLOGOV be circulated to all Scrutiny councillors.

148.

Overview and Scrutiny Budget

The 2014-15 balance stands at £8 850, nothing spent to date. There is £8,000 in reserve towards the £11,600 Hertfordshire University research for the Social Infrastructure Scrutiny Review.

Minutes:

Noted the budget update.

149.

Forward Planning Programme of the Executive & Committee's Work Programme pdf icon PDF 42 KB

To consider the ATTACHED Forward Planning Programme and identify possible issues for scrutiny.

To consider the Committee’s ATTACHED work programme and requirements for Officer and/or Portfolio Holder attendance.

Additional documents:

Minutes:

Add a briefing on the proposals for a Development Company to the September 2014 meeting.

150.

Any other business which the Chairman considers urgent

In accordance with S100B(4) of the Local Government Act 1972, amended by the Access to Information Act of 1985, no urgent business may be raised unless it has been approved by the Chair.  The item and reason for urgency must be announced at the start of the meeting.

Minutes:

There was none.

151.

Dates of future meetings

Future meetings of the Committee are scheduled to take place

at 7.30pm at the Civic Offices, Borehamwood, as follows:

 

·        Thursday 18 September 2014

·        Thursday 6 November 2014

·        Tuesday 16 December 2014.

Minutes:

The next meeting was scheduled for 18 September 2014.

Appendix: draft terms of reference S106 scrutiny review pdf icon PDF 30 KB