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Full Council - 9 July 2013

Penn Chamber, Three Rivers House08th July 2013

To: ALL MEMBERS OF THE THREE RIVERS DISTRICT COUNCIL

You are hereby summoned to attend an ordinary meeting of the Council to be held in the Penn Chamber, Three Rivers House, Rickmansworth, on Tuesday 9 July 2013 at 7.30pm for the purpose of transacting the under-mentioned business:-

A G E N D A

1.      APOLOGIES FOR ABSENCE

2.      MINUTES

To confirm as a correct record the Minutes of the Council meeting held on 21 May 2013 (pages A1 to A16).
13 05 21 CL mins (doc)

3.      CHAIRMAN’S ANNOUNCEMENTS

4.      LEADER’S REPORT

5.      QUESTIONS FROM THE PUBLIC UNDER PROCEDURE RULE 16 

          (None received).

6.      PETITIONS UNDER PROCEDURE RULE 19

          (None received).

7.      DISCUSSION TOPIC UNDER PROCEDURE RULE 17

          (None received).

8.      MOTIONS UNDER PROCEDURE RULE 11

Councillor Matthew Bedford, seconded by Councillors Pam Hames, Alison Scarth and Ann Shaw to move under Notice duly given as follows:

TRDC agrees the following response to the Boundary Commission consultation regarding future ward boundaries:

The Council broadly supports the draft recommendations proposed by the Commission.

In particular, the Council supports the division of the District into four sub-areas that reflect the distinct community identities in the district; and the resulting recognition for parish boundaries.

Above all the Council wants to see wards that correspond as far as possible to the communities within each sub-area.  In some cases we believe that this is not achieved by the draft recommendations and we would therefore make some further comments in relation to the specific sub-areas as follows:

Abbots Langley

The Council reiterates its original proposal for ward boundaries in this part of the District, for the reasons set out previously.  The Council is strongly opposed to the division of Abbots Langley ward, as this covers a single well-defined community.  The Commission’s proposed boundary through Abbots Langley is weak and has no clear definition, appears completely arbitrary, and causes several streets (including the High Street) to be split between wards.  By contrast, the Council’s proposal respects the communities within the parish, enables the existing parish ward boundaries to be retained (these are a good reflection of existing communities), and reflects existing transport and community links.  The Council’s proposal follows the clear and well-understood division of Bedmond & Primrose Hill ward between its two respective communities, reflected by its existing division into two separate parish wards (Bedmond and Primrose Hill).

Noting that the Commission did not support the ward names originally proposed by the Council, we would now propose ‘Abbots Langley & Bedmond’, ‘Leavesden’ and ‘Langleybury & Primrose Hill’ to accurately reflect the communities comprising the council’s proposed wards.

Croxley Green

The Council is pleased that the Commission has supported the ward boundaries proposed.  However we do not support the proposed ward name Croxley Hall Wood.  The Council reiterates our reasons for choosing to call it Dickinsons ward in light of the many local links with the mill which is a major part of Croxley’s heritage.  We would request that the Commission reconsider this issue.

Rickmansworth, Chorleywood and Sarratt

The Council is pleased that the Commission has supported the ward boundaries proposed.  The Council reconfirms its support for the draft recommendations in this part of the District.  We believe the proposed wards are a good reflection of the communities within this area, balanced by the desire to create equal electorates and a pattern of 3-member wards.

Watford Rural

The council recognises that this part of the District is the most difficult to create boundaries that meet all the criteria, and stated in its previous submission that its original proposals for this area were less than ideal in order to allow for a pattern of 3-member wards.

Within the parish, there is a clear division between South Oxhey and the remainder of the parish.  As previously noted, the history of South Oxhey is very distinct from the rest of the parish (and indeed from the rest of Three Rivers) and it still forms a distinct community that as far as possible should not be divided.

The boundary between South Oxhey and the rest of the parish is very strong and well defined.  It runs through clear Green Belt and it divides the South Oxhey county division from Oxhey Park; and divides the SW Herts parliamentary constituency from Watford parliamentary constituency.  Avoiding crossing this boundary is clearly preferable in order to respect community ties and to enable effective and convenient government.

Respecting this division provides for 5 councillors in South Oxhey and 4 in the remainder of the parish.  Clearly this does not accommodate a pattern of 3-member wards.

We therefore ask the Commission to respect the unique situation in this part of the district and the very strong division between South Oxhey and the rest of the parish.  That would provide for one 3-member and one 2-member ward covering South Oxhey; together with one 3-member and one single–member ward covering Carpenders Park and Oxhey Hall.

A suitable division of South Oxhey would be along the line of Oxhey Drive, with the northern (2-member) ward named ‘Hayling’ and the southern (3-member) ward named ‘Ashridge & Northwick’. The wards in the remainder of the parish area would comprise a 3-member ward covering all of Carpenders Park together with those areas of Oxhey Hall ward east of Hartsbourne Brook (Silk Mill and Green Lane areas); plus a 1-member Oxhey Hall ward covering the whole of the Oxhey Hall estate including Hampermill Lane and Brookdene Avenue.  These wards would be named respectively ‘Carpenders Park & Silk Mill’ and ‘Oxhey Hall’.

9.      RECOMMENDATIONS OF THE EXECUTIVE COMMITTEE

To consider the recommendations of the Executive Committee at its meeting held on 24 June 2013.

EX06/13 - Consideration of Recommendations from the Sustainable Environment Policy and Scrutiny Committee – Draft Housing Strategy 2012 - 2015
EX07/13 - The Local Plan – Adoption of the Development Management Policies Local Development Document

10.    REPORTS AND QUESTIONS TO THE LEADER, CABINET AND CHAIRMEN OF THE POLICY AND SCRUTINY, AUDIT, PLANNING, LICENSING, SHARED SERVICES AND REGULATORY SERVICES COMMITTEES

LEADER OF THE COUNCIL

Councillor Ty Harris to ask the Leader of the Council

“Subject to the provisions of the Petitions Scheme governing responses to ordinary petitions, the Leader of the Council in consultation with Group Leaders shall determine which ordinary petitions shall be presented to a Committee or to Council. 

With regards to the Leisure and Community Safety Policy and Scrutiny Committee – 19th June 2013, Item 5 - Petition received by the Council from the residents of Burnley Close, South Oxhey;

Can the Leader answer, (i) why she did not consult with Group Leaders when under Rule 19 – (Petitions), of the Constitution the Leader of the Council is required to do so, and, (ii) will she confirm that she will abide by the Constitution in the future?”

Councillor David Sansom to ask the Leader of the Council

Were you aware that extra discretionary payments totalling £63,197 were being made to officers leaving the Council in 2012/13 and do you think this can be justified in a time of austerity?

Are there any discretionary payments of this type being made this financial year and if so what are the figures?

SUSTAINABLE ENVIRONMENT

Reports from the Cabinet Member for Environment (Cllr Martin Trevett), Cabinet Member for Sustainability (Cllr Sara Bedford) and the Chairman of the Sustainable Environment Policy and Scrutiny Committee (Cllr Alison Scarth) and questions.

LEISURE AND COMMUNITY SAFETY

Reports from the Cabinet Member for Leisure and Community (Cllr Keith Williams), Cabinet Member for Community Safety (Cllr Roger Seabourne) and the Chairman of the Leisure and Community Safety Policy and Scrutiny Committee (Cllr Steve Drury) and questions.

PUBLIC SERVICES AND HEALTH

Reports from the Cabinet Member for Public Services and Health (Cllr Phil Brading) and the Chairman of the Public Services and Health Policy and Scrutiny Committee (Cllr Stephen Giles-Medhurst) and questions.

RESOURCES

Reports from the Cabinet Member for Resources (Cllr Matthew Bedford) and the Chairman of the Resources Policy and Scrutiny Committee (Cllr Sarah Nelmes) and questions.

Councillor David Sansom to ask the Resources Portfolio Holder;

There are £63,197 discretionary payments in the Councils 2012/13 Statement of Accounts. This is above the £50,000 key decision threshold under section 13.03 of the Constitution and yet was not viewed as a key decision by officers.  

As the Constitution is very clear, (see 13.03 below) do you consider this an oversight or a fudge?

Constitution article 3.

13.03 Types of Decision

(a) Decisions reserved to full Council. Decisions relating to the functions listed in Article 4.02 will be made by the full Council and not delegated.

(b) Key decisions.

(i) A “key decision” means an executive decision which is likely:-

(a) to result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the budget for the service or function to which the decision relates; or

(b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards in the District.

It is for the authority to determine what is significant.  For Three Rivers the definition is:

It will result in the Council incurring expenditure or making saving to the value of £50,000 or more (to be reviewed annually).

(ii) A decision taker may only make a key decision in accordance with the requirements of the Executive Committee Procedure Rules set out in Part 4 of this Constitution.

SHARED SERVICES

Report from and questions to the Chairman of the Joint Shared Services Committee (Cllr Brian White).

AUDIT COMMITTEE

Report from and questions to the Chairman of the Audit Committee (Cllr Sarah Nelmes).

PLANNING COMMITTEE

Report from and questions to the Chairman of the Planning Committee (Cllr Chris Whately-Smith).

LICENSING

Report from and questions to the Chairman of the Licensing Committee (Cllr Pam Hames).

REGULATORY SERVICES

Report from and questions to the Chairman of the Regulatory Services Committee (Cllr Pam Hames).

To consider the recommendations of the Regulatory Services Committee at its meeting held on 5 June 2013.

RG07/13 Community Governance Review – Croxley Parish Council

11.    REPORTS OF MEETINGS

With the exception of the Executive, Regulatory, Licensing, and Audit Committees’ recommendations to Council, the following reports are submitted for information only:-

Audit Committee - 13 June 2013

Executive Committee - 24 June 2013

Joint Shared Services Committee (Three Rivers) - 3 June 2013

Leisure & Community Safety Policy and Scrutiny Committee - 19 June 2013

Leisure & Community Safety Policy and Scrutiny Committee - 19 June 2013 - Presentation

Licensing Committee - 5 June 2013

Planning Committee - 23 May 2013

Planning Committee - 20 June 2013

Public Services and Health Policy and Scrutiny Committee - 6 June 2013

Regulatory Services Committee - 5 June 2013

Regulatory Services Committee - 5 June 2013 - Appendix

Resources Policy & Scrutiny Committee - 13 June 2013

Sustainable Environment Policy and Scrutiny Committee - 4 June 2013

Director Community and Environmental Services
1 July 2013

Three Rivers House
Northway
Rickmansworth
Herts WD3 1RL

NOTE  AS  TO  PRAYERS: Pastor Todd Nightingale, Mill End Baptist Church,will read prayers at 7.25pm.  Members who are not already in their places are requested to refrain from entering the Chamber during the reading of prayers.  Sufficient time will be allowed for Members to do so after the close of prayers in order that the business of the meeting may begin at 7.30pm.