Agenda, decisions and minutes

To confirm as a correct record the Minutes of the meeting held on 14 October 2020 (previously circulated).

The Minutes of the meeting held on 14 October 2020 were approved as a correct record and noted by the Chairman.

Report of the Corporate Director (Public Protection, Planning and Governance) on the status of actions agreed at the last Cabinet meeting.

The status of actions agreed at the Cabinet meeting on 14 October 2020 in the report of the Corporate Director (Public Protection, Planning and Governance) was noted.

To consider the following items for decision in the current Forward Plan:-

The following items for decision in the current Forward Plan were considered:-

Report of the Chief Executive on the work undertaken by the council to respond to the Covid-19 pandemic.

(1)   Cabinet noted the continued work being undertaken and ongoing associated implications.

(2)   Cabinet agreed that future updates be provided through the Member information hub.

Report of the Chief Executive on the work undertaken by the council to respond to the

Covid-19 pandemic.

(1)   The Decision Taken

RESOLVED:

(1)   Cabinet noted the continued work being undertaken and ongoing associated implications.

(2)   Cabinet agreed that future updates be provided through the Member information hub.

(2)       Reasons for the Decision

As Members were aware, we had been receiving regular reports to Cabinet, Full Council on the work undertaken by the Council to respond to the COVID 19 pandemic.  The report sets out many of the good work that officers have continued to do under the challenging circumstances.

Since the report was published, the Prime Minister has announced a second national lockdown to commence from Thursday 5 November until Wednesday 2 December 2020.  Officers are working hard to keep as much service running as possible, this includes the separate food collection started yesterday, playgrounds and council reception will also remain open.  However, a number of our venues will need to be closed under the government guidance and this includes Campus West, Hatfield Swim Centre, Hatfield Leisure Centre, Panshanger Golf Course, the Hive (except the nursery), Mill green museum (except for the flour sale and cream tea).

Our teams are working hard with our contractors to ensure that repairs and maintenance could continue to be carried out in people’s homes in a COVID secure way and that works in our capital construction sites could still continue as far as possible.

Officers are also involved in the County-wide public health work, including track and trace and ensuring that businesses are operating in a COVID secure way.

The government have announced a new Local Restrictions Support Grant scheme, where business premises forced to close due to local or national restrictions are to receive grants worth up to £3,000 a month and we are working hard with Sopra Steria to implement this as quickly as possible.  There is also going to be a new discretionary grant to support businesses, however we are waiting further guidance from the government.

As the current pandemic situation is constantly changing and that the council needs to adopt a rapid response to deal with the situation.  Any future updates on COVID-19 will be provided through the Member information hub.

The Leader thanked Members and Officers for all the great work that they continue to do in these difficult times.

Report of the Chief Executive on the Hertfordshire Growth Board Integrated Governance Framework.

(1)   That it agreed to the establishment of the Growth Board and Growth Board Scrutiny Joint Committees (to hold their inaugural meetings in January/February 2021 and then HGB Scrutiny aligned to confirmation of securing Government funding in 2021) for the Hertfordshire Growth Board and that the Council becomes a member of both.

(2)   That the Council adopted the Growth Board Integrated Governance Framework into its own constitutional framework.

(3)   That it nominated a member and substitute member as its representative to the Scrutiny Committee. (Nominees must not be members of the Executive)

(4)   That it noted that the Leader is nominated as the Council’s representative on the Growth Board and that the Leader has delegated authority to nominate a substitute representative as required.

(5)   To appoint the Leader as the Council’s representative on the Joint Committee and that he be entitled to nominate a substitute from other members of the executive to attend meetings in his absence.

Report of the Chief Executive on the Hertfordshire Growth Board Integrated Governance Framework.

(1)       The Decision Taken

RESOLVED:

That Cabinet recommended to Council:

(1)     That it agreed to the establishment of the Growth Board and Growth Board Scrutiny Joint Committees (to hold their inaugural meetings in January/February 2021 and then HGB Scrutiny aligned to confirmation of securing Government funding in 2021) for the Hertfordshire Growth Board and that the Council becomes a member of both.

(2)     That the Council adopted the Growth Board Integrated Governance Framework into its own constitutional framework.

(3)     That it nominated a member and substitute member as its representative to the Scrutiny Committee. (Nominees must not be members of the Executive)

(4)     That it noted that the Leader is nominated as the Council’s representative on the Growth Board and that the Leader has delegated authority to nominate a substitute representative as required.

That Cabinet resolves:

(5)     To appoint the Leader as the Council’s representative on the Joint Committee and that he be entitled to nominate a substitute from other members of the executive to attend meetings in his absence.

(2)       Reasons for the Decision

Hertfordshire Growth Board (HGB) had been operating since late 2018 as a non-constituted partnership of the 11 Local authorities and Local Enterprise Partnership in Hertfordshire. 

The purpose of the Growth Board is taking a longer term place leadership approach to our place ambitions, growth pressures and economic performance, it had also promoted effective joint working.

All the authorities had jointly signed the Memorandum of Understanding (MOU) in 2019/20, we had signalled to the Treasury and MHCLG of our joint commitment to the Growth Board programmes across Hertfordshire and to pursuit of a Growth Deal for our area.  Bids for the Single Housing Infrastructure Funding would need to be submitted in 2020/2021 and will need to be supported by evidence of an appropriate governance model, to give it a legal identity and statutory weight.

Moving to establish a statutory joint committee would bring the work of the Growth Board within a legally prescribed process.

Subject to all partners agreeing to establish the joint committees, the first Growth Board joint committee could take place in early 2021. The implementation of the Growth Board Scrutiny Committee should be aligned confirmation of a successful bid, later in 2021.

Report of the Chief Executive on the localised Council Tax Support Scheme for 2021/22.

Cabinet recommended to Full Council that the localised council tax support scheme continued in 2021/22 to help people on low/no income to receive a reduction on their council tax.

Report of the Chief Executive on the localised Council Tax Support Scheme for 2021/22.

(1)       The Decision Taken

RESOLVED:

Cabinet recommend to Full Council that the localised council tax support scheme continued in 2021/22 to help people on low/no income to receive a reduction on their council tax.

(2)       Reasons for the Decision

The scheme fully protects pensioners, families with children under 5, as well as certain other vulnerable claimants.  For others, the assessed entitlement is calculated on 75% of the Council Tax bill.

Consultation has taken place with Hertfordshire County Council and the Hertfordshire Police and Crime Commissioner on our intention to continue with the same scheme.  Both bodies have responded in agreement.

The cost of the scheme is met through the collection fund, through a reduction of the Tax Base.  Based upon the latest information, the cost of the scheme for 2020/21 is likely to be £7.4M across all preceptors, an increase of £0.4M from 2019/20, largely because of the impact of the pandemic.  Because the cost is met through the collection fund, the impact upon the General Fund will be spread over the following 3 years.

The likely cost for 2021/22, which will impact the General Fund in 2022/23 and beyond, will be estimated as part of the budget setting process.

The likely adverse impact of Covid upon the Council’s share of the cost of the scheme for 2020/21 has been included within our estimated loss of Council Tax collections as part of our Covid financial impact paper discussed at the Cabinet meeting in August.

Report of the Chief Executive on the mid-year update on the Council’s treasury activities 2020/21.

Cabinet noted the current treasury position and Treasury Management Indicators.

Report of the Chief Executive on the mid-year update on the Council’s treasury activities 2020/21.

(1)       The Decision Taken

RESOLVED:

Cabinet noted the current treasury position and Treasury Management Indicators.

(2)       Reasons for the Decision

Within the Housing Revenue Account (HRA), overall borrowing was £233.4M at 30 September 2020. Repayment of existing debt continues to exceed any new borrowing needed to continue to finance our ambitious Affordable Housing Programme.  The level of any new HRA borrowing will depend upon the rhythm of the programme and the extent to which Right to Buy receipts are available.  It is not envisaged, however, that borrowing will rise back above the original £305M, so we currently have sufficient borrowing headroom.

Notwithstanding continued capital expenditure in both the HRA and General Fund, investment balances have remained at approximately £20M through the first half.  There is currently no borrowing within the General Fund, partly because there have been some delays to the capital programme.  That may change later in the financial year.

As noted in section 3.6, returns on the Council’s investments are currently minimal, but we have to maintain a certain level for liquidity purposes.

As noted in section 5, the Council remains within our maturity and overall borrowing limits.

The Council’s liquidity levels continue to be carefully monitored through 2020/21 as we assess the financial impact of the Covid pandemic.

Report of the Chief Executive on the forecast revenue outturn position as at 30 September (quarter 2) for the financial year 2020/21.

(1)   Cabinet noted the revenue forecast outturn position as at Quarter 2.

(2)   Cabinet approved the virement, detailed in section 3.2

(3)   Cabinet noted the position on debts set out in section 5 of the report.

Report of the Chief Executive on the forecast revenue outturn position as at 30 September (Quarter 2) for the financial year 2020/21.

As noted in the report, there was an adverse variance on the General Fund net cost of services of £3.3M.

All of this is related to the estimated shortfalls of income, or additional costs, as a result of the impact of Covid.  This has been partly offset by government funding of Covid losses of £2.0M, referred to under “Other Government Grants” in Appendix A1.  This leaves a net Covid impact for 2020/21 0f £1.3M.  £405,000 of this has been absorbed by the release of an earmarked reserve established for this purpose at the end of 2019/20.

Compared to the situation at the end of the first quarter, and the Covid financial impact assessment discussed at the Cabinet meeting in August, the estimated adverse impact of the pandemic for 2020/21 at the net cost of service level has risen by £0.5M, from £2.8M.  Above all, this is due to prolonged loss of income at Campus West, as we have been unable to reopen all facilities there.

We have also revised the estimated loss of parking income upwards, but, against that, it is now estimated that planning fees will come in above the original budget.

The increased estimated Covid impact at the net cost of services level has been offset by additional government support under the income guarantee scheme, for which an application for £553,000 has been lodged.  So the net Covid impact remains at £1.3M, as reported to August Cabinet.  Furthermore, an additional £300,000 of government support for WHBC has since been announced for 2020/21, but that announcement came too late to be incorporated into this analysis.  As noted at the Cabinet meeting in August, the impact upon the General Fund has also been mitigated by the use of a £405,000 Earmarked Reserve established at the end of 2019/20 for this purpose.

As highlighted in the Covid impact report discussed at the Cabinet meeting in August, estimated shortfalls of £2.0M Council Tax and business rates will impact upon the 2021/22 financial year and beyond, rather than the current year.

The remaining non-Covid variances are forecast to net out.  A favourable variance of garden waste income and planning fees being compensated for by an adverse variance on Local Plan costs.  An Earmarked Reserve does exist to cover Local Plan costs up to a point.

There are no substantial variances in the HRA, as rent collection is currently holding up.   The overall adverse variances noted in Section 4.1 have been absorbed by adjusting the Revenue Contribution to Capital.   The announcement that Right to Buy receipts could be held onto for somewhat longer has relieved some of the previously estimated Covid related pressure on the HRA, and recent projections indicate that there is no imminent need to remit such receipts to the government.

Debtors, particularly for our commercial estate, have, as expected, risen considerably over the 6 months to 30  ...  view the full minutes text for item 185.

Report of the Chief Executive on capital expenditure and associated capital funding as at the end of quarter 2.

(1)   Cabinet noted the capital forecast outturn position as at Quarter 2 as shown in Table 1.

(2)   Cabinet noted the forecast position as at 30 September 2020 for funding of the capital programme and reserve balances as reflected in Table 2.

Report of the Chief Executive on the forecast of capital expenditure and associated capital funding for 2020/21 as at the end of Quarter 2.

The majority of the variances, explained in detail in the report, are due to the re-phasing of projects.

Whilst the impact of Covid led to some unavoidable delays on certain projects earlier in the year, these are now again making good progress. The Council have not had to make any budgetary cuts to the capital programme to date as a result of Covid.

Progress on individual schemes is set out in the report.  Initially it was feared that Covid-related delays to Affordable Housing capital schemes within the HRA might result in having to return Right to Buy receipts to HM Treasury, but this no longer looks likely for 2020/21.

RESOLVED:

(1)   Cabinet noted the capital forecast outturn position as at Quarter 2 as shown in Table 1.

(2)   Cabinet noted the forecast position as at 30 September 2020 for funding of the capital programme and reserve balances as reflected in Table 2.

To consider recommendations from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020:-

The following recommendations from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 were considered:-

Recommendation from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 on the Article 4 Directions for new permitted development rights.

(1)   In order to protect strategic employment sites, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class ZA in Part 20 of Schedule 2 of the GDPO which permitted the demolition of commercial buildings and its replacement with a block of flats or single detached dwellinghouse.  This should be applied to the same strategic employment sites as the Article 4 Direction that has been agreed for the removal of permitted development rights for the change of use of offices to flats.

(2)   In order to protect heritage assets in Hatfield, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class A in Part 20 of Schedule 2 of the GPDO which permits self-contained flats to be constructed on top of existing blocks of flats.  This should be applied to the parts of Hatfield that were recently considered as part of a Hatfield Heritage Assessment.

(3)   That the proposed Article 4 Directions be recommended to Cabinet.

(4)   That the Head of Planning be granted delegated authority to prepare these Draft Schedules for public consultation.

(5)   That a report be presented to the Cabinet Planning and Parking Panel and Cabinet following public consultation to decide whether to confirm these Article 4 Directions.

Recommendation from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 on Article 4 Directions for New Permitted Development Rights.

The Government had recently announced a raft of new permitted development rights to encourage construction and speed-up development as part of the response to the coronavirus pandemic. 

Class ZA permitted demolition of commercial buildings and replacement them with block of flats or single detached dwellinghouse.

The Council had already confirmed Article 4 Direction for change of use of offices to flats due to notable loss of office space over last 5 to 10 years.

The Cabinet Planning and Parking Panel considered the right to demolish offices and rebuild housing would prejudice proper planning of the borough and Article 4 Direction would therefore be justified.

The Direction should be applied to strategic employment sites. For example Welwyn Garden City employment area, Beaconsfield and Great North Road, Hatfield Business Park and Sopers Road in Cuffley.

It was recommended that Article 4 Direction be consulted upon for six weeks and then wait one year for compensation rights to fall away.

Class A permitted self-contained flats to be built on top of existing blocks of flats.

The Council had recently prepared the Hatfield Heritage Assessment to understand the impact of taller buildings on character and setting of Hatfield House and Park, Hatfield Old Palace and St Etheldreda’s Church which are all Grade I listed.

The Cabinet Planning and Parking Panel considered the right to extend blocks of flats upwards could prejudice proper planning of the borough and Article 4 Direction would therefore be justified.

The Direction should be applied to the whole of Hatfield as identified in Assessment.

There was no scope for Article 4 Direction for Class A, AA, AB, AC and AD which allowed houses to be extended upwards to prevent Houses in Multiple Occupation, as the Direction already exists to prevent this from happening.

The Government had recently announced that all new homes created via permitted development rights must meet nationally described space standards and ensure adequate natural light.

RESOLVED:

(1)   In order to protect strategic employment sites, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class ZA in Part 20 of Schedule 2 of the GDPO which permitted the demolition of commercial buildings and its replacement with a block of flats or single detached dwellinghouse.  This should be applied to the same strategic employment sites as the Article 4 Direction that has been agreed for the removal of permitted development rights for the change of use of offices to flats.

(2)   In order to protect heritage assets in Hatfield, the Council should consult on an Article 4 Direction for the removal of permitted development rights for Class A in Part 20 of Schedule 2 of the GPDO which permits self-contained flats to be constructed on top of existing blocks of flats.  This should be applied to the parts of Hatfield that were recently considered  ...  view the full minutes text for item 187a

Recommendation from the meeting of the Cabinet Planning and Parking Panel on 29 October 2020 on an Article 4 Direction on Land at Digswell Park Road.

(Note:  This item has been withdrawn from the Agenda following unanimous approval at CPPP. The decision will now be taken using an Executive Member Decision Notice).

This item had been withdrawn from the Agenda following unanimous approval at Cabinet Planning and Parking Panel on 29 October 2020. The decision will now be taken using an Executive Member Decision Notice.

This item had been withdrawn from the Agenda following unanimous approval at Cabinet Planning and Parking Panel on 29 October 2020. The decision will now be taken using an Executive Member Decision Notice.

Report of the Chief Executive summarising the council’s key achievements and service improvements for Quarter 2 of 2020/21.

Cabinet noted the report and contents of the Achievements List.

Report of the Chief Executive summarising the council’s key achievements and service improvements for Quarter 2 of 2020/21.

Some of the achievements in Quarter 2 have been made much harder due to the significant impact of Covid-19 on the Council’s services in 2020, which had led to adaptations in how the Council’s work programmes and projects had been planned and delivered.

Some of the achievements that Cabinet were asked to note over Quarter 2 are:

•   July – The opening of the Splashlands facility in Stanborough Park with great public success, announcement of a new household food waste collection service to start in November, all new taxis operating in the Borough to be wheelchair accessible from October onwards and ten Leaders of Hertfordshire’s District and Borough Councils announcing their opposition to the County’s proposal for a new unitary authority.

•   August – Work on building 90 new sheltered apartments in Minster Close, Hatfield began, the Council’s participation in the countrywide ‘Play your part’ campaign to help prevent the spread of Coronavirus, and a further update on Splashlands included a new booking system to manage demand.

•   September – The Council received formal recognition from the Parc Review Group of our annual report on Civil Parking and Traffic Enforcement, proactive support for gas safety week which is now in its tenth year, a campaign to encourage residents to register to vote and awards to local businesses under the Small Businesses Grants Scheme.

Cabinet Members praised the work of Council Officers on their positive attitude and the ability to adapt to remote working in these challenging times.

RESOLVED:

Cabinet noted the report and contents of the Achievements List.

The Cabinet is asked to resolve:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for Items 14 and 15 on the grounds that it involves the likely disclosure of confidential or exempt information as defined in Section 100(A)(3) and Paragraph 3 (private financial or business information) of Part 1 of Schedule 12A of the said Act (as amended).

In resolving to exclude the public in respect of the exempt information, it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED:

That under Section 100(A)(2) and (4) of the Local Government Act 1972, the press and public be now excluded from the meeting for Agenda item 14 (Minute 190 refer) on the grounds that they involved the likely disclosure of confidential or exempt information as defined in Section 100A(3) and paragraph 3 (private financial or business information) of Part 1 of Schedule 12A of the said Act (as amended). 

In resolving to exclude the public in respect of the exempt information, it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

To consider the following item of an exempt nature:-

The following item of an exempt nature for decision was considered:-

Report of the Corporate Director (Housing and Communities) on the redevelopment of former garage sites at the Commons and Ludwick Way in Welwyn Garden City.

(1)   The Affordable Housing Procurement Board at their meeting in October unanimously agreed to recommend to Cabinet that the contract for the redevelopment of the former garage sites at the Commons and Ludwick Way was awarded to FSG Property Services Ltd.

(2)   Cabinet approved the appropriation of the two sites on 30 November 2020 from the General Fund to the Housing Revenue Account at the previously agreed value.

Exempt report of the Corporate Director (Housing and Communities) on the redevelopment of former garage sites at the Commons and Ludwick Way in Welwyn Garden City.

(1)       The Decision Taken

RESOLVED:

(unanimous)

(1)  The Affordable Housing Procurement Board at their meeting in October unanimously agreed to recommend to Cabinet that the contract for the redevelopment of the former garage sites at the Commons and Ludwick Way was awarded to FSG Property Services Ltd.

(2)  Cabinet approved the appropriation of the two sites on 30 November 2020 from the General Fund to the Housing Revenue Account at the previously agreed value.

(2)       Reasons for the Decision

The Affordable Housing Procurement Board had unanimously agreed to the procurement strategy and evaluation criteria to enable the redevelopment of former garage sites at the Commons and Ludwick Way in Welwyn Garden City.  Due to their proximity, the two sites would be packaged together.

Eleven bids were received in response to the tender and these were evaluated against the criteria of 55% price and 45% quality.  The qualifying bids and scores were set out in the report.

As these sites were in the general fund and the proposed housing development will be for the housing revenue account (HRA), Cabinet were asked to approve the appropriation of the two sites from the General Fund to the HRA, at the value as set out in the report.

Planning permission was received on 5 December 2019 (Ludwick Way) and 27 February 2020 (The Commons).  One of the planning conditions was that a sustainability assessment would be done for Ludwick Way.  This would be commissioned via the contractor.

Councillor Thomson was glad to see that the report had taken into account climate change implications.

For  the  reasons  set  out  in  this  decision  notice,  and  following  full  consultation  in which no formal objections were received, I agree the following:

1. To introduce the following proposals (see Appendix A, B and C):

a)     The Borough  of Welwyn Hatfield (Various Roads, Old  Hatfield,  Hatfield)  (Restriction of Waiting and Permit Parking Zones) Order 2020 – Appendix A

b)      The  Borough of Welwyn Hatfield (Arm  and  Sword  Lane,  Hatfield) (Restriction of Waiting  and Permit Parking Zones) Order 2020 – Appendix B

c)     The  Borough of Welwyn Hatfield (Batterdale  Car  Parks)  (Off-Street Parking Places) Order 2020 – Appendix C

(Note: This decision was taken by Executive Member Decision Notice).

Date this decision was taken – 14 October 2020

Date of publication of the decision – 15 October 2020

To approve the award of the contract to Borras Construction Limited at a higher value than was originally quoted.

(Note: This decision was taken by Executive Member Decision Notice).

Date this decision was taken – 22 October 2020

Date of publication of the decision – 22 October 2020

That the relevant Service Level Agreement with Hertfordshire Building Control Limited be extended to August 2022.  This extends the timetable for the original Service Level Agreements agreed by Cabinet in July 2016.

(Note: This decision was taken by Executive Member Decision Notice).

Date this decision was taken – 15 October 2020

Date of publication of the decision – 15 October 2020

To award a four-year contract (with a possible one-year extension) to F&G Cleaners Limited commencing on 1 December 2020 for window cleaning services.

(Note: This decision was taken by Executive Member Decision Notice).

Date this decision was taken – 15 October 2020

Date of publication of the decision – 15 October 2020