Minutes Cabinet Monday, 13 May 2019 - of the Meeting of the on
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Public Document Pack
Minutes
of the
Meeting of the
Cabinet
on
Monday, 13 May 20191. 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_PROMinutes
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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13. 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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