Full Council - 11 December 2018
Penn Chamber, Three Rivers House11th December 2018
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 11 December 2018 at 7.30pm for the purpose of transacting the under mentioned business:-
1. APOLOGIES FOR ABSENCE
To confirm as a correct record the Minutes of the Full Council meeting held on 23 October 2018 (pages 1 to 23).
2a. CROXLEY GREEN NEIGHBOURHOOD PLAN
In accordance with the Regulations and the District Council’s decision of 23 October 2018 the Croxley Green Neighbourhood Plan is ‘made’ and now forms part of the Development Plan for Three Rivers District Council.
3. RECOMMENDATION FROM THE POLICY AND RESOURCES COMMITTEE
To receive the recommendations from the Policy and Resources Committee meeting held on 5 November 2018 on:
PR32/18 ENVIRONMENTAL ENFORCEMENT
This report requested the Committee to:
- agree the Environmental Enforcement Policy for Three Rivers.
- increase the level of FPN for littering, graffiti and fly posting.
- agree the introduction of a civil Fixed Penalty Notice (FPN) for Littering from Vehicles
Members had the following questions:
- Why had there been eight FPNs for littering but none for fly posting or graffiti?
- Why had there been only 4 FPNs in 2017/18 but eight so far this year and what did RIPA mean?
- Could more be included in the policy on abandoned vehicles?
Officers responded as follows:
Catching someone fly posting or graffiti spraying was a lot harder than catching someone fly tipping. If caught fly posting for the first time Officers would try to educate the person but if they continued action would be taken via Planning Enforcement.
RIPA stood for Regulations of Investigatory Powers Act. If the Council wanted to have surveillance they would need to apply to the Magistrates court as they were not able to just put up cameras. The increase in the issuing FPNs for littering was due to the fly tipping incidents being in smaller bags and evidence of the perpetrator being found in them.
On vehicles for sale, the 500m referred to in the policy was Government legislation under the Clean Neighbourhoods and Environment Act 2005.
Once an abandoned vehicle had been claimed there was no further action the Council could take. If a vehicle was identified as being abandoned for a second time a further sticker would be placed on the vehicle and it would be investigated as a separate incident. The Police would only take action if the vehicle was parked dangerously.
- Agreement of the Environmental Enforcement Policy (Appendix A) to Full Council, noting that this will be updated to include the decisions made in 12.2, 12.3 and 12.4;
- 2) To increase the Littering FPN from £75 to £150 (reduced to £100 if paid within 7 days);
- 3) Amendment to the Council’s Constitution - Scheme of Delegation (para 11.18.6 of the report) to include authorisation of all Environmental Enforcement Officers to issue civil penalties for littering from vehicles under The Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018 (SI 2018/171) and that the Head of Community Services is designated to consider representations against FPNs; and
- To introduce an FPN of £150 for Littering from Vehicles (reduced to £100 if paid within 14 days).
PR34/18 CALENDER OF MEETINGS
The Committee considered the draft Calendar of Meetings for the Local Government Year 2020/21.
At the 4 September 2018 P&R Committee it was requested that Officers look to extend the Calendar of meetings to at least September 2020 and beyond if this was
Having looked at the current published school holidays for Hertfordshire these are only available until September
The calendar of meetings had been prepared up until the summer of 2021 but Officers will bring an update back to the Committee once the future Hertfordshire school holiday dates have been published by the County
Members noted that the Committee Team would be looking to send outlook appointments for the meetings to Members which they would be able to drop into other calendars that they used.
On being put to the Committee the motion was declared CARRIED by the Chairman the voting being unanimous.
That the attached Calendar of Meetings for 2020/21 be approved subject to details being provided on the future Hertfordshire school holiday dates for 2020/21.
PR35/18 ANIMAL ACTIVITIES LICENSING FEES AND CHARGES 2018/19
On 23 October 2018 Council agreed to make all necessary amendments to the Constitution including in the Scheme of Delegation to Officers to provide:
- a) That the conditions of licensing are adopted and included in the Constitution
- b) That the necessary changes are made to the Council’s Constitution to reflect the changes in the legislation
- c) That the Terms of Reference of Service Committees are updated as appropriate
- d) That where the Constitution refers to Animal Control Enforcement Officer this to be changed to Animal Welfare and Licensing Inspector and all documents amended accordingly.
- e) That Appeals from businesses disputing a star rating or a decision to vary, suspend or revoke a licence will be made to the director of Community and Environmental Services who will have delegated authority to determine such appeals in accordance with the Regulations and the Scheme of Delegation, which will be amended accordingly, and
- f) That the Chief Executive be given delegated authority, in consultation with the Chairman and the Spokesperson of the Regulatory Services committee, to finalise all the necessary amendments.
- That the licensing fees for animal related licences be determined for 2018/19 on consideration of the information and options contained in this report. The fees had been set following the DEFRA guidance and all the fees would be cost neutral.
Members were pleased that Officers had expedited the report as it was important to get the fees set.
A Member asked the Committee to consider allowing applicants 14 days instead of seven days from the date of inspection to pay the Part B fee. The Animal Welfare and Licensing Inspector stated that the Part B fee would only be paid once the applicant had passed the inspection. Applicants would only receive their licence once this fee had been paid. The reason for the seven days was to ensure the application was not open for a long time but Officers were flexible on this and were happy to amend to 14 days. There were no firm guidelines on how long an application can be open for although a business would not be able to operate without a licence.
Members thanked Officers for all their work and help on this.
On being put to the Committee the motion as set out in the report with the amendment to the 14 days to pay the Part B fee after the inspection declared CARRIED by the Chairman the voting being unanimous.
That the proposed fees and charges in relation to animal licensing be adopted with the amendment that applicants be given 14 days to pay the Part B fee.
PR38/18 BUDGET MONITORING (MONTH 6 – SEPTEMBER)
Budget monitoring report is a key tool in scrutinising the Council’s financial performance. It is designed to provide an overview to all relevant stakeholders. It is essential that the council monitors its budgets throughout the year to ensure that it is meeting its strategic objectives and that corrective action is taken where necessary.
This report seeks approval to a change in the Committee’s 2018 - 2021 medium-term revenue financial plan. The report shows the Council’s overall consolidated medium term financial plan for both revenue and capital.
A Member referred to the £1m variance for the Leavesden Country Park project in the capital programme and asked for a breakdown of the funding. The Chairman advised it was not a £1m variance, it was included as a Council variance as an accounting matter. The £1m funding was coming from the Heritage Lottery, Section 106 monies, Warner Bros and the Parish Council. The money was to be paid out by the Council but they were not providing it.
A Member asked if details could be provided as a percentage breakdown for each contribution.
Councillor Matthew Bedford moved, duly seconded, the recommendation. He advised that he had asked the question regarding the contributions when reading the report and had the information emailed by Officers.
On being put to the Committee the motion was declared CARRIED by the Chairman the voting being 8 For, 0 Against and 7 Abstentions.
That the following revenue and capital budget variations be approved and incorporated into the three-year medium-term financial plan:-
Revenue - (Favourable)/ Unfavourable
Capital - Increase / (Decrease)
4. INDEPENDENT REMUNERATION PANEL
To consider the recommendations from the Independent Remuneration Panel.
5. SPECIAL EXPENSES
This report reviews the Council’s general and special expenses.
6. COUNCIL TAX REDUCTION SCHEME 2019/20
This report seeks the Council’s approval for the Council Tax Reduction Scheme for 2019/20.
7. COUNCIL TAX BASE FINANCIAL YEAR 2019/20
This report details the Authority’s Council Tax Base for 2019/20 which must be approved between 1 December 2018 and 31 January 2019. This will be dependent on Item 6.
8. TO RECEIVE ANY PETITIONS UNDER PROCEDURE RULE 19
9. QUESTIONS FROM THE PUBLIC UNDER PROCEDURE RULE 15
10. CHAIRMAN’S ANNOUNCEMENTS
11. REPORTS AND QUESTIONS TO THE LEADER AND LEAD MEMBERS
- LEADER OF THE COUNCIL
- INFRASTRUCTURE, HOUSING AND ECONOMIC DEVELOPMENT
Reports from the Lead Member for Economic Development (Cllr Stephen Giles-Medhurst), Lead Member for Infrastructure and Planning Policy (Cllr Martin Trevett), Lead Member for Housing (Cllr Andrew Scarth).
Question to Councillor Stephen Giles-Medhurst, Lead Member for Economic Development, from Councillor Rupert Barnes
What effort does the Council devote to dealing with anti-social parking?”
Question to Councillor Stephen Giles-Medhurst, Lead Member for Economic Development, from Councillor Diana Barber
With reference to the Local Development Framework Core Strategy PSP1 Para (f) “Maintain and enhance the vitality of the town centre’. Will this Council agree to the suspension of parking charges in Rickmansworth from Friday 21 December to Monday 24 December inclusive, as a measure of support for local traders and to encourage local residents into the town for last minute Christmas shopping?
Question to Councillor Martin Trevett, Lead Member for Infrastructure and Planning Policy, from Councillor Ralph Sangster
Does the Lead Member for Infrastructure and Planning Policy consider the current CIL tariffs applicable to residential development sites in Three Rivers adequately reflects the cost of meeting the infrastructure challenge in the District.
Questions to Councillor Andrew Scarth, Lead Member for Housing, from Councillor Paula Hiscocks
Who is going to manage The Bury Homeless Units and the maintenance of the building?
When is the formal opening of the Homeless Units?
- LEISURE, ENVIRONMENT AND COMMUNITY
Reports from the Lead Member for Leisure (Cllr Chris Lloyd), Lead Member for Environmental Services (Cllr Alex Michaels), Lead Member for Community Safety and Partnerships (Cllr Roger Seabourne) and questions.
- RESOURCES AND SHARED SERVICES
Report from the Lead Member for Resources and Shared Services (Cllr Matthew Bedford) and questions.
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor Reena Ranger
For two consecutive Council meetings in a row, this Council has failed to conclude its business within the allocated time. In order to ensure democracy, allow discussion, scrutiny and debate, does this Council believe that it must either add an extra Council meeting to the calendar or extending the hours of Full Council meetings?
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor David Sansom
Why was the source of the £1,001,600 for the Leavesden Heritage Trail not itemised in the September budget papers?
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor Stephen King
Is the Council aware of the difficulties being experienced by drivers using The Parade, in Prestwick Road near the Phase Two site of the South Oxhey Initiative?
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor Diana Barber
As the Council has agreed and accepted the Thrive Homes Loan contract, can Councillors and residents be advised of where and how many new homes are being built as a result of this significant investment?
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor Paula Hiscocks
The £54,000 allocated to the toilet refurbishment in Three Rivers House has been partially spent on the lower level disabled toilet when will the other toilets be refurbished?
Question to Councillor Matthew Bedford, Lead Member for Resources and Shared Services, from Councillor Joan King
Does the Administration believe that the social housing being provided as part of the South Oxhey Initiative is sufficient to meet present local needs?
Question to Councillor Matthew Bedford, Lead Members for Resources and Shared Services, from Councillor Stephen Cox
Does the Lead Member agree with me that it is a shame that the Laundrette in Bridlington Road, South Oxhey has closed, thereby forcing residents, many with disabilities, to travel further afield to do their washing.
12. REPORTS AND QUESTIONS TO THE CHAIRMEN OF THE AUDIT, PLANNING, LICENSING AND REGULATORY SERVICES COMMITTEES (RULE 14)
- AUDIT COMMITTEE
Report from and questions to the Chairman of the Audit Committee (Cllr Keith Martin).
- PLANNING COMMITTEE
Report from and questions to the Chairman of the Planning Committee (Cllr Sarah Nelmes).
Report from and questions to the Chairman of the Licensing Committee (Cllr Steve Drury).
To receive the recommendation of the Licensing Committee from the meeting on 5 December 2018:
1) Recommend to adopt the amended Statement of Policy and
2) To confirm the continuation of a ‘No Casinos’ Policy within the adopted Statement of Policy.
- REGULATORY SERVICES
Report from and questions to the Chairman of the Regulatory Services Committee (Cllr Steve Drury).
Question to Councillor Steve Drury, Chairman of the Regulatory Services Committee, from Councillor Alison Wall
The recent TRDC update informs us that licensing officers have been given more powers to clamp down on illegal activity and take action against unsafe and unlicensed vehicles.
Our two Licensing Officers were recently checking hackney carriage and private hire vehicles and found there to be 19 breaches.
This is a significant and concerning number; will the officers be doing regular checks like this and if so how often please?
To receive the recommendation of the Regulatory Services Committee from the meeting held on 5 December 2018
- To formally adopt the new byelaws for Pleasure Grounds, Public Walks and Open Spaces on approval from the Secretary of State to come into operation in 2019 and
- That once the new byelaws for Pleasure Grounds, Public Walks and Open Spaces are adopted, the existing byelaws for Parks and Open Spaces (1981) be revoked.
13. MOTIONS UNDER PROCEDURE RULE 11
1. Councillor David Sansom, seconded by Councillor Alex Hayward, to move under Notice duly given as follows:
This Council notes that Councillors have been elected to take decisions for the benefit of local residents and that presently there are a growing number of areas where significant powers have been delegated.
This Council agrees that the decision making process and the decisions themselves should be open to public scrutiny. This can only be done by having public meetings with fully published agendas and public access. Accordingly working parties will no longer be used; all significant decisions will go to an appropriate public committee for deliberation and decision.
2. Councillors Matthew Bedford, Sara Bedford, Stephen Giles-Medhurst and Roger Seabourne to move under Notice duly given as follows:
Council notes that:
- The recent research document from the Local Enterprise Partnership regarding the potential effect of Brexit on Hertfordshire which states that 50,000-75,000 jobs in Hertfordshire could be at risk from Brexit.
- Every District of Hertfordshire will be hit by a either a hard or soft Brexit with reduced growth (GVA) of between -3.4 % and -2.4%.
- The Government’s own impact assessments show that the UK is likely to be worse off in every scenario after Brexit.
- There will be severe damage to our international relationships, reduced influence with other states, and the complete loss of say and control over the rules of the European Single Market and Customs Union, the largest market in the world
- There are a large number of non-UK EU nationals living in Three Rivers who are concerned about the impact of Brexit on their lives, and that their current rights are not being fully protected.
- The Government has totally mismanaged the Brexit negotiations and has also managed to alienate both supporters and opponents of Brexit
- Inflation caused by Brexit-related depreciation of the pound is disproportionally hitting our poorest residents, further squeezing their living standards, and this will increase after any form of Brexit.
- Believes that the people of the UK should have control of what is being agreed on their behalf and given an opportunity to vote on the final deal, including the option to remain in the EU.
- Formally adds its voice to those calling for a public ‘People’s Vote’ on the final Brexit deal.
- Asks the Chief Executive to write to all three of our MPs expressing these views and asking them to support a 'People’s Vote'.
3. Proposed by Councillors Sara Bedford, Sarah Nelmes and Keith Martin to move under Notice duly given as follows:
Council notes that:
- Universal credit is having a huge and detrimental effect on local individuals and families.
- The ‘five week wait’ is forcing many residents who were not previously in debt to borrow to make ends meet.
- The effect of Universal Credit has been far worse on already disadvantaged groups, including the chronically ill, disabled, single parents and those for whom English is an additional language.
- The Government has refused to release its impact assessment into the effects of Universal Credit on claimants’ lives, incomes and debt levels.
Council calls for the Government to cut the waiting time for Universal Credit to a maximum of two weeks, and halt the rollout of Universal Credit whilst improvements are made for disadvantaged claimants.
4. Proposed by Councillor Reena Ranger, seconded by Councillor Heather Kenison, to move under Notice duly given as follows:
This Council agrees to encourage those who hold events with an expected attendance of 150 people or more on council property or facilitated with any Council funding to offer a free stall to an organisation that registers people to the stem cell donor list.
3 December 2018