Agenda and draft minutes

To confirm as a correct record the Minutes of the meetings held on 5 February 2024 and 21 February 2024 (previously circulated).

The minutes of the meetings held on the 5^th and 21^st February 2024 were approved as a correct record.

To receive apologies for absence, if any.

Apologies for absence were received from Councillors Smith, S Goldwater, Thorpe, Ganney, Bond, and Pace.

The Mayor will receive petitions (limited to the first three petitions presented).

No petitions were received.

A period of thirty minutes will be made available for questions to be put by Members of the public to Members of the Cabinet on matters for which the Council has a responsibility or which affect the Borough.

No questions from the public were received.

To note declarations of Members’ disclosable pecuniary interests, non-disclosable pecuniary interests and non-pecuniary interests in respect of items on the Agenda.

The following councillors declared an interest as members of Hertfordshire County Council:

S Boulton

T Kingsbury

F Thomson

S Thusu

P Zukowskyj.

Councillor Kingsbury declared an disclosable pecuniary interest in agenda item 8a and explained he would leave the meeting for the discussion and not take part in the vote.

To receive any announcements from the Mayor, Leader of the Council, Member of the Cabinet or the Head of Paid Service.

Mayor:

“Thank you to those who attended my last charity event on Friday, the Mayor’s Gala Dinner. It was a great success and in total we raised £2,414 for two extremely worthy local charities, Hatfield Foodbank and the New Zion Christian Fellowship Foodbank. I hope that those who attended the Mayor's Gala charity on Friday enjoyed themselves as much as I did.

Recently we held the first ever One Welwyn Hatfield Community Awards ceremony on 28 February. The event was a major success and recognised all the achievements of individuals, sports clubs, community organisations and businesses in the borough. Thank you to those Members who attended; for the members that could not attend on that night, here are some of the highlights that we would like to share with you.”

At this point in the meeting, Full Council was shown a video highlighting the success of the community awards.

“As you are aware, tonight will be our last Council meeting of the mayoral year. I would like to sincerely thank you all for the help and the support that I have received as Mayor. I would also like to thank all of the councillors who are standing down for their services within the Council, and all the best to those who are up for election on 2nd May 2024.”

Executive Member for Environment:

“The 2024 grass cutting season began earlier this month. As many of you know, there have been issues with grass cutting over the previous years that I've been keen to rectify. During the last year, I have had several meetings with our contractors to discuss and help solve these issues. Effective communication is a cornerstone of this administration and I would like to thank Continental Landscapes Limited on their cooperative and clear communication they have displayed throughout this past year. We have worked together to help solve these issues regarding staff as well as machine maintenance. While I am confident we will see a significant improvement in our grass cutting services this year, I ask all councillors to provide me with feedback on the service in their ward during this season.

This winter’s street tree planting has been completed with over 300 trees being planted in urban areas across the borough. A significant planted project has been completed in Lyles Lane in Welwyn Garden City; this involves a tree, shrub and proposed planting adjacent to the public footway and cyclepath which replaces the large poplar trees which were removed due to concerns about the condition, as well as their proximity to railway lines. The new planting will enhance biodiversity as well as improve the landscaping in the area.

Our winter woodland work is coming to a close; these large scale woodland works are undertaken to improve the structure of the woodland. This work was carried out in Sherrardspark Woods, Mardley Heath and Northaw Great Wood, and I would like to thank all involved for their hard work.

Last Thursday the Council held a thank you event  ...  view the full minutes text for item 76.

For a period of up to thirty minutes, a Member of the Council who has given prior notice in accordance with Council Procedure Rule 15, may ask (a) the Mayor, (b) the Leader of the Council or (c) a Member of the Cabinet a question on any matter in relation to which the Council has powers or duties or which affects the Borough.

The questions received for this meeting are attached.  A Member asking a question may ask, without giving notice, one supplementary question of the Member to whom the first question was asked.  The supplementary question must arise directly out of the reply.

Question to the Executive Member for Environment

“In the recent budget statement, provision was given to allow free parking for carers. A question raised by myself at the budget scrutiny OSC was which carers would eligible for this - private companies or individual such as family members. At the time officers indicated that this was yet to be determined. Would the portfolio holder be able to now further elaborate on which groups would receive free carers parking?”

Answer

“I can confirm that the permits are granted to organisations registered with the Care Quality Commission.  They can apply for a permit for an individual vehicle on the basis that the person using that vehicle is conducting home medical visits within on-street resident permit schemes with a maximum parking duration of 2 hours.  The permits are renewed annually. I am very pleased to be able to remove the charge for this scheme and benefit some of the people in the borough who are supporting our most vulnerable residents.”

Supplementary Question

“With regards to companies that are CQC regulated, so that could be anywhere from a GP practice to a private company that provides their services, roughly how much do you think this will cost over the duration of say 1 year? I know that you have budgeted for it, but you may not use all of the budget so what's anticipated you'd use on the whole year?”

Answer:

“I don’t have that number in front of me right now but I’ll make sure I come back to you with that as soon as possible.”

Question to the Executive Member for Resources

“In last year’s election commitments were made by those now in the joint administration to enhance support for our high streets and local shops, including a comprehensive package aimed at increasing footfall and aiding local businesses. However, aside from one weekend of free parking and the introduction of free Sunday parking starting in April—more than offset by higher parking fees on Saturdays and especially weekdays—it's unclear what concrete actions the Council has taken to fulfil these promises. Additionally, there was an intention of developing an economic strategy. Could you provide an update on the status of both these linked initiatives?"

Answer

“It is disappointing that my fellow Councillor has not noticed or chosen to ignore the vast number of events and initiatives that the joint administration has overseen, bringing a renewed focus on economic development, which was sadly lacking under the previous administration.

In respect of the free parking days introduced by this administration, we have received excellent feedback from local traders and businesses, including some who have fed back directly to the Mayor. In Hatfield we've seen a bigger and better than ever Christmas lights switch on, supported a new Diwali event, held an Easter Fun Day, and two board games days with Arts and Crafts schools, carried out a children's cycling safety event and two farmers' market cooking demonstrations. In Welwyn Garden City, as well as supporting the BID,  ...  view the full minutes text for item 77.

To consider recommendations from the meetings of the Cabinet:

Full Council considered the following items following recommendations from the Cabinet

The report for FP2026 Council Tax Second Homes and Empty Homes Premiums can be found here at agenda item 7a:

Public reports pack 05032024 1830 Cabinet.pdf (welhat.gov.uk)

At this point in the meeting, Councillor Kingsbury left the Chamber.

Full Council received a report on the new discretionary powers which would be available to the Council to charge an empty homes premium after 12 months and give at least one years notice before the beginning of the financial year to which it relates to charge the premium on all second homes from 1^st April 2025.

It was moved and seconded by Councillors Jones and Chesterman that the recommendations in the report be approved.

A vote on this item was requested.

RESOLVED:

(For - 31

Against - 4

Abstain - 5)

Full Council agreed that:

1.     The current council tax 100% empty homes premium is applied after 12 months of a property being empty, instead of 24 months, and that this is effective from 1 April 2025. This will not be applied to the exempt categories of empty properties listed in the report.

2.     One year’s notice is provided to apply a 100% second homes premium, from 1 April 2025. This will not be applied to the exempt categories of empty properties listed in the report.

3.     Authority be delegated to Executive Director (Finance and Transformation) in consultation with the Executive Member for Resources to make any changes to the Empty Homes and Second Homes Premiums, following Regulations being laid.

Councillor Kingsbury returned to the Chamber.

The report for FP2044  Welwyn Conservation Area Appraisal and Management Plan can be found here at agenda item 7:

Public reports pack 18012024 1930 Cabinet Planning and Parking Panel.pdf (welhat.gov.uk)

Full Council received a report on the Welwyn Village Conservation Area Character Appraisal and Management Plan (CAAMP). The final version of the Conservation Area Character Appraisal and Management Plan was included in Appendix 1, a schedule of properties proposed for removal from the conservation area was included in Appendix 2, a summary of permitted development rights in conservation areas was included in Appendix 3, the CAAMP consultation report was included in Appendix 4 and a map of the proposed conservation area boundary changes was included in Appendix 5.

It was moved and seconded by Councillors Quinton and Grewal that the recommendations in the report be approved.

RESOLVED:

Full Council agreed the Welwyn Village Character Appraisal and Management Plan was adopted and the boundary of the Welwyn Village conservation area was revised as proposed, to remove areas where designation was no longer justified.  

To consider notices of motions submitted under Procedure Rule 16 in such order as the Mayor shall direct.  The motions received for this meeting are attached.

The following motion had been submitted by Councillor Thusu and was seconded by Councillor Cragg

"We call on the Council to acknowledge that the completion of a new Local Plan paves the way for numerous developments within the Borough. It is recognised that many of these new developments may incorporate a management company responsible for the maintenance of common areas. In some cases this could lead to potential financial burdens on residents through high or escalating fees where management companies have not been set up properly reflecting the interests of householders, a situation colloquially termed as 'fleecehold';

The growing concern over excessive and unfair leasehold charges has gained attention at both government and local levels, and it is understood that government are already addressing these concerns, underscoring the need for supportive measures to protect residents from unfair fees and charges. 

Some councils have initiated actions to utilise available powers to aid residents facing these issues, and so, demonstrating a positive stance in tackling this challenge;

This Council resolves to:

Commit to a comprehensive review of all potential avenues—within the planning system or through alternative measures where legally appropriate—to support and protect residents from the adverse impacts of excessive service charges.

Ensure that the primary focus of the review encompasses: The identification of mechanisms to mitigate service charge related issues in new developments, ensuring future residents are safeguarded where possible from excessive maintenance fees. 

The Investigation of what mechanisms could offer non-financial support to existing residents already affected by such agreements.  This approach aims to ensure that the Council’s efforts are well-informed and seeks to address the concerns of our community. 

This work will culminate in a detailed report with recommendations to CPPP within a six-month timeframe.”

The following amendment to the motion was submitted by Councillor Quinton and was seconded by Councillor Grewal.

“We call on the Council to acknowledge that the completion of a new Local Plan paves the way for much needed housing in new developments within the Borough. It is recognised that many of these new developments may incorporate a management company responsible for the maintenance of common areas. In some cases this could lead to potential financial burdens on residents through high or escalating fees where management companies have not been set up properly reflecting the interests of householders, a situation colloquially termed as 'fleecehold';

The growing concern over excessive and unfair charges made under long leaseholds has gained attention at both government and local levels, and the government have started to address some of these concerns, not least in the Leasehold and Freehold reform bill 2023-2024 which implements some measures to protect residents from unfair fees and charges.

This council acknowledges that it has very few powers to effect changes to these issues and that this must come from changes to national legislation or by new national legislation.

This Council therefore resolves to:

a)    Write to the RH Michael Gove as secretary of state for Levelling up, Housing and Communities  ...  view the full minutes text for item 80.

The report for FP2005 Street Trading Policy can be found here at agenda item 6:

Public reports pack 26022024 1930 Licensing Committee.pdf (welhat.gov.uk)

Full Council received a report on the Street Trading Policy following its consideration by the Licensing Committee on the 26^th February 2024. The report provided Full Council with the review of the street trading policy detailing the current practices and areas of responsibility.

It was moved and seconded by Councillor Broach and Panter.

RESOLVED:

(For – 38

Against – 0

Abstain – 0 )

Full Council agreed the Street Trading Policy for the next five years.

Report of the Executive Director (Finance and Transformation) on the review of the Council’s Constitution – Code of Conduct for Employees.  

Full Council received a report containing the new Code of Conduct for employees.  The changes were discussed at the Constitution Review Group on 22 February, and it was unanimously agreed to recommend to Full Council for approval.

It was moved and seconded by Councillor Broach and Zukowskyj.

RESOLVED:

(unanimously)

Full Council agreed the revised Code of Conduct for employees, as shown in Appendix A, be adopted in the Constitution.

Report of the Executive Director (Finance and Transformation) on the Pay Policy Statement 2024/25.

Full Council received the Council’s Pay Policy Statement for 2024/25 in place from April 2024. Section 38(1) of the Localism Act 2011 requires English local authorities to produce a Pay Policy Statement for each financial year

It was moved and seconded by Councillor Broach and Jones.

RESOLVED:

(unanimously)

Full Council approved the Pay Policy Statement for 2024/25

To consider any matters of urgency subject to the agreement of the Mayor in accordance with Procedure Rule 5.1(s).

There were no urgent matters to discuss.