Agenda, decisions and minutes

Apologies of absence were received from Councillors Mike Danvers, John Strachan and Rod Truan.

Councillors’ declarations of interest (if any) in relation to any items on the agenda.

To approve the minutes of the meeting held on 15 October 2015.

RESOLVED that the minutes of the meeting held on 15 October 2015 are agreed as a correct record and signed by the Leader.

Any matters arising from the minutes of the previous meeting.

To receive any questions from members of the public in accordance with Rule 10 of the Council Procedure Rules.

To receive any questions from Councillors in accordance with Rule 11 of the Council Procedure Rules.

To consider any petitions that have been referred to the Cabinet under the Council’s Petition Scheme.

‘We, the undersigned, are very concerned as to the potential loss of further green spaces in Harlow as outlined in “Harlow 2031 – Have your say re the proposed Harlow Plan”, particularly those areas which are recreational and playing fields.  We are continually told that as a nation we need to be fitter and exercise more but under some of the proposals of the plan, we will lose further areas to use for exercise!

We would urge all Harlow District Councillors to protect and retain all playing fields and green spaces for future generations of Harlow’s residents, both young and old.

Local to us is one proposal put forward by the Council’s Officers to use the land south of Gilden Way [Development Location number 22 from the ‘Harlow 2031 – Have your say’ document] for possible housing.  These playing fields have already seen goalposts removed but the Officers do not appear to realise that the land is used by many of the signatories below for training, especially youth football, and is also a very popular area for local residents for dog walking and general recreational use.  With the development of land north of Gilden Way due to start shortly, further recreational land used by dog walkers will be lost.

We look to you as Councillors to instruct your Officers to remove any prospect as to the change of use from recreational purposes as regards the land south of Gilden Way.’

Following the presentation of the petition by the petition organiser, Mr David Giess and response from Councillors in line with the Council’s Constitution, it was noted that a full public consultation on the Harlow Local Plan would take place next year.

To note the Forward Plan, which lists all upcoming Cabinet decisions and provides notice of key decisions and those expected to be taken in private session.

RESOLVED that the Forward Plan is noted.

There have not been any decisions taken by Portfolio Holders under delegated powers since the last meeting of the Cabinet.

None.

RESOLVED that:

A     A politically balanced Cabinet Shareholder Sub-Committee is created as set out in paragraph 6 with its terms of reference as set out in Appendix 1 of the report submitted.

B    A LATC Board is created as set out in paragraph 8 of the report submitted.

C    A politically balanced Parent Group Company Board is created as set out in paragraph 9 of the report submitted.

D    Group Leaders to nominate their Councillor appointments, as set out in the report submitted, to the Shareholder Sub Committee and the LATC Board.

E     Group Leaders to nominate their Councillor appointments,  as set out in paragraph 9 of the report submitted, to the Parent Group Company Board.

F     Delegated authority is granted to the Chief Executive, in consultation with the Leader of the Council to take all steps necessary to create the Parent Company and the LATC within a main parent company group structure, and for the delivery of the relevant services, with regular reports on progress communicated to Councillors.

G    The main Parent Group Company be named HTS Group Limited with the LATC subsidiary named HTS (Property and Environment) Limited.

The Cabinet received a report that proposed governance arrangements for the Local Authority Trading Company.

Councillor Jon Clempner, Leader of the Council, noted that he would ask relevant Group Leaders to make their nominations to the Parent Board and LATC Board in the next few days. He also advised that Councillors would receive regular updates on the action taken by the Chief Executive under delegated authority on the LATC creation.

Proposed by Councillor Jon Clempner (seconded by Councillor Tony Durcan) Cabinet:

RESOLVED that:

A     A politically balanced Cabinet Shareholder Sub-Committee is created as set out in paragraph 6 with its terms of reference as set out in Appendix 1 of the report submitted.

B    A LATC Board is created as set out in paragraph 8 of the report submitted.

C    A politically balanced Parent Group Company Board is created as set out in paragraph 9 of the report submitted.

D    Group Leaders to nominate their Councillor appointments, as set out in the report submitted, to the Shareholder Sub Committee and the LATC Board.

E     Group Leaders to nominate their Councillor appointments, as set out in paragraph 9 of the report submitted, to the Parent Group Company Board.

F     Delegated authority is granted to the Chief Executive, in consultation with the Leader of the Council to take all steps necessary to create the Parent Company and the LATC within a main parent company group structure, and for the delivery of the relevant services, with regular reports on progress communicated to Councillors.

G    The main Parent Group Company be named HTS Group Limited with the LATC subsidiary named HTS (Property and Environment) Limited.

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position for the second quarter (July – September) of 2015/16, set out in sections three and four of Appendix A and Appendix B of the report submitted, as follows:

            (i)        A total projected underspend of £382,000 representing 0.55 per cent of the gross General Fund Budget.

          (ii)        A favourable variation on controllable budgets of £585,000, representing 0.85 per cent of the gross General Fund Budget.

B    RECOMMENDS to Full Council that the contributions to reserves set out in the Major Variations Table in Appendix A to the report submitted are made.

C    Acknowledges that :

            (i)        The Council performed on target or above target for 40 out of 47 (85 per cent) of performance indicators.

          (ii)        The Council’s annual Staff Survey showed further improvements on the already good previous years’ results, as shown in Appendix B of the report submitted.

The Cabinet received a report that reviewed performance against the Council’s approved General Fund Budget and Corporate Plan for Quarter Two 2015/16.

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) it was:

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position for the second quarter (July – September) of 2015/16, set out in sections three and four of Appendix A and Appendix B of the report submitted, as follows:

                        (i)        A total projected underspend of £382,000 representing 0.55 per cent of the gross General Fund Budget.

                       (ii)        A favourable variation on controllable budgets of £585,000, representing 0.85 per cent of the gross General Fund Budget.

B    RECOMMENDS to Full Council that the contributions to reserves set out in the Major Variations Table in Appendix A to the report submitted are made.

C    Acknowledges that :

                        (i)        The Council performed on target or above target for 40 out of 47 (85 per cent) of performance indicators.

                       (ii)        The Council’s annual Staff Survey showed further improvements on the already good previous years’ results, as shown in Appendix B of the report submitted.

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position set out in the report as at the end of the second quarter of 2015/16 as follows:

(i)    A favourable variation on operational/controllable budgets of £790,000 representing 1.38% of the gross Housing Revenue Account (HRA) budget.

(ii)  A total projected underspend of £2,861,000 representing 4.95% of the gross HRA budget.

B    Notes the forecast balances at 31 March 2016, of £7,006,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as identified in Appendix C of the report submitted).

The Cabinet received a report that reviewed the Council’s performance

against its approved Housing Revenue Account for Quarter Two 2015/16.

Proposed by Councillor Jon Clempner (seconded by Councillor Jean Clark) it was:

RESOLVED that Cabinet:

A     Acknowledges the projected outturn position set out in the report as at the end of the second quarter of 2015/16 as follows:

(i)    A favourable variation on operational/controllable budgets of £790,000 representing 1.38% of the gross Housing Revenue Account (HRA) budget.

(ii)  A total projected underspend of £2,861,000 representing 4.95% of the gross HRA budget.

B    Notes the forecast balances at 31 March 2016, of £7,006,000 in respect of the Housing Revenue Account and nil in respect of the Major Repairs Reserve (as identified in Appendix C of the report submitted).

RESOLVED that Cabinet:

A     Acknowledges the progress made in the delivery of the Council’s Housing and Non-Housing Capital Programmes for the second quarter of 2015/16 (as at 27 September 2015) as follows:

            (i)        Housing Capital Programme projected variation of £1,946,000 below the revised budget (representing -7.2%).

          (ii)        Non-Housing Capital Programme projected variation of £162,000 above the revised budget (representing 2.4%).

B    Acknowledges the performance in delivering the capital programmes, as summarised in Tables 2 and 5 of the report submitted (reference paragraphs 7 and 19).

C    RECOMMENDS to Full Council the following to the respective Capital Programmes:

            (i)        Approves carryovers to 2016/17 from the Housing Capital Programme of £1.9m (reference paragraph 6 of the report submitted).

          (ii)        Inclusion of a new business case in the Non-Housing Programme totalling £15,000 (reference paragraph 14 of the report submitted).

         (iii)        Approves carryovers to 2016/17 from the Non-Housing Capital Programme of £784,000 (reference paragraph 15 of the report submitted).

The Cabinet received a report that reviewed the Council’s performance against its approved Housing and Non-Housing Capital Programmes for Quarter Two 2015/16 and proposed carryovers for both and an additional business case for the Non-Housing Capital Programme.

Proposed by Councillor Jon Clempner (seconded by Councillor Tony Durcan) it was:

RESOLVED that Cabinet:

A     Acknowledges the progress made in the delivery of the Council’s Housing and Non-Housing Capital Programmes for the second quarter of 2015/16 (as at 27 September 2015) as follows:

                        (i)        Housing Capital Programme projected variation of £1,946,000 below the revised budget (representing -7.2%).

                       (ii)        Non-Housing Capital Programme projected variation of £162,000 above the revised budget (representing 2.4%).

B    Acknowledges the performance in delivering the capital programmes, as summarised in Tables 2 and 5 of the report submitted (reference paragraphs 7 and 19).

C    RECOMMENDS to Full Council the following to the respective Capital Programmes:

                        (i)        Approves carryovers to 2016/17 from the Housing Capital Programme of £1.9m (reference paragraph 6 of the report submitted).

                       (ii)        Inclusion of a new business case in the Non-Housing Programme totalling £15,000 (reference paragraph 14 of the report submitted).

                      (iii)        Approves carryovers to 2016/17 from the Non-Housing Capital Programme of £784,000 (reference paragraph 15 of the report submitted).

RESOLVED that the Mid-Year Review of the Treasury Management Strategy, attached as Appendix A of the report submitted, is noted and referred to Full Council for approval.

The Cabinet received a mid-year report on the Treasury Management Strategy, previously approved by Full Council.

Proposed by Councillor Jon Clempner (seconded by Councillor Mark Wilkinson) Cabinet:

RESOLVED that the Mid-Year Review of the Treasury Management Strategy, attached as Appendix A of the report submitted, is noted and referred to Full Council for approval.

RESOLVED that, with effect from 1 January 2016:

A     Henry Moore Primary School will remain as the designated polling place for the polling district of Church Langley East.

B     Pemberley Academy is designated as the polling place for the polling district of Little Parndon and Hare Street East.

C     Harlow Museum is designated as the polling place for the polling district of Mark Hall North.

The Cabinet received a report summarising a review into the polling places in Church Langley, Little Parndon and Hare Street and Mark Hall wards.

Proposed by Councillor Jean Clark (seconded by Councillor Tony Durcan) Cabinet:

RESOLVED that, with effect from 1 January 2016:

A     Henry Moore Primary School will remain as the designated polling place for the polling district of Church Langley East.

B    Pemberley Academy is designated as the polling place for the polling district of Little Parndon and Hare Street East.

C    Harlow Museum is designated as the polling place for the polling district of Mark Hall North.

RESOLVED that (subject to formal contract and the standstill period) authority is delegated to the Chief Operating Officer, in consultation withthe Portfolio Holder for Regeneration and Enterprise, to approve the award ofa contract for non-housing stock condition surveys.

The Cabinet received a report summarising the outcome of a tender for non-housing stock condition surveys.

Proposed by Councillor Tony Durcan (seconded by Councillor Emma Toal) Cabinet:

RESOLVED that (subject to formal contract and the standstill period) authority is delegated to the Chief Operating Officer, in consultation withthe Portfolio Holder for Regeneration and Enterprise, to approve the award ofa contract for non-housing stock condition surveys.

RESOLVED that

A     Cabinet RECOMMENDS to Full Council that the amendments to the London Road South Local Development Order (contained in appendices to the report submitted) are approved and the revised Order adopted.

B     Authority is delegated to the Head of Place, in consultation with the Portfolio Holder for Regeneration and Enterprise, to make any necessary minor amendments to the Local Development Orders, Statement of Reasons and supporting documentation prior to adoption.

The Cabinet received a report that proposed an amendment to the Local Development order for the Enterprise Zone, London Road South site.

Councillor Tony Durcan, Portfolio Holder for Regeneration and Enterprise, announced that, as the consultation period had now closed, the first part of Recommendation A as provided in the report submitted could be deleted.

Proposed by Councillor Tony Durcan (seconded by Councillor Jon Clempner) it was:

RESOLVED that:

A     Cabinet RECOMMENDS to Full Council that the amendments to the London Road South Local Development Order (contained in appendices to the report submitted) are approved and the revised Order adopted.

B    Authority is delegated to the Head of Place, in consultation with the Portfolio Holder for Regeneration and Enterprise, to make any necessary minor amendments to the Local Development Orders, Statement of Reasons and supporting documentation prior to adoption.

RESOLVED that the construction of an appropriate development management policy aimed at controlling, in so far as planning powers will allow, pay day loan shops in Harlow is pursued as part of the future Local Plan.

The Cabinet received a report from the Scrutiny Committee that advised of the outcome of its review of Pay Day Loan Businesses and made recommendations for how they might be controlled.

Proposed by Councillor Mark Wilkinson (seconded by Councillor Jean Clark) Cabinet:

RESOLVED that the construction of an appropriate development management policy aimed at controlling, in so far as planning powers will allow, pay day loan shops in Harlow is pursued as part of the future Local Plan.

RESOLVED that the Cabinet will ensure that the details of the 2015 Autumn Statement and in particular, but not exclusively, the impact on the HRA, Capital and Discretionary Fund are considered fully in the development of the Council’s financial plans for 2016/17 and future years once the Local Government Finance Settlement is announced later in December.

The Cabinet received a report from its Overview Working Group that advised of the outcome of its review of the Council’s Medium Term Financial Strategy and made recommendations for its preparation in 2016/17.

Proposed by Councillor Jon Clempner (seconded by Councillor Tony Durcan) it was:

RESOLVED that the Cabinet will ensure that the details of the 2015 Autumn Statement and in particular, but not exclusively, the impact on the HRA, Capital and Discretionary Fund are considered fully in the development of the Council’s financial plans for 2016/17 and future years once the Local Government Finance Settlement is announced later in December.

RESOLVED that it is RECOMMENDED to Council that:

A     The 2016/17 Local Council Tax Support Scheme is amended as follows:

(i)    The introduction of a minimum income floor for self-employed claimants of Local Council Tax Support.

(ii)  The award of backdated Local Council Tax Support is limited to one month.

B     The proposal to remove the Family Premium in calculating an award of Local Council Tax Support is deferred for a further 12 months.

The Cabinet received a report from its Overview Working Group that advised of the outcome of its review of the Council’s Local Council Tax Support Scheme (LCTSS) 2015/16 and made recommendations for the 2016/17 Scheme.

Councillor Jon Clempner, Leader of the Council, noted that the LCTSS for 2016/17 would require final approval by Full Council.

Proposed by Councillor Jon Clempner (seconded by Councillor Emma Toal) Cabinet:

RESOLVED that it is RECOMMENDED to Council that:

A     The 2016/17 Local Council Tax Support Scheme is amended as follows:

(i)    The introduction of a minimum income floor for self-employed claimants of Local Council Tax Support.

(ii)  The award of backdated Local Council Tax Support is limited to one month.

B    The proposal to remove the Family Premium in calculating an award of Local Council Tax Support is deferred for a further 12 months.

To note the following draft minutes of Cabinet appointed bodies. Minutes remain draft until approved by the relevant body.

RESOLVED that the minutes of the following meetings are noted.

To deal with any matters of an urgent nature.

None.