Agenda, decisions and minutes

Apologies for absence were received from Councillors Frances Mason and Mark Wilkinson.

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

Councillor Michael Hardware declared a non-pecuniary interest in items 10 and 12 as an Essex County Council appointee to the Harlow and Gilston Garden Town Board.

To approve the minutes of the meeting held on 10 September 2020.

RESOLVED that the minutes of the meeting held on 10 September 2020 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.

The questions, together with the answers, are appended to the minutes.

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.

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.

Councillor Ingall said that following discussions with the County Council and other leaders in Essex, a request had been made to the Secretary of State for Health and Social Care to raise Essex into the ‘High’ tier for Covid-19 restrictions, and that this request had been approved.

RESOLVED that:

A     Cabinet recommended to Full Council that, in principle, the Council agrees to use powers available to it under section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily purchase land within the District to support development where in conformity with the Harlow Local Development Plan (subject to its adoption) in order to achieve the planning benefits set out within the Plan.Noting that this in no way predetermines or circumvents the formal planning process.

B    Cabinet recommended to Full Council that, in principle, where Harlow District Council is landowner, or through the process of acquisition (including under CPO) would become landowner, the Council agrees to retain ownership but grant licence for infrastructure works on that land provided that:

             i)        The infrastructure is intended for a public purpose, benefit or public adoption;

            ii)        there are no legal restrictions preventing this from happening;

           iii)        it does not materially undermine another purpose for which the Council requires the land or there are compelling reasons to dispose of a freehold interest; and

           iv)        Where appropriate, the Council receives appropriate costs/compensation, indemnities and other arrangements considered necessary.

C    Subject to East Herts District Council resolving to follow the same course of action, Cabinet recommended to Council that, in principle, it also agrees to use the powers set out in recommendation A should that be necessary to compulsorily purchase land in the Burnt Mill and River Way areas of the District, to enable the construction of transport infrastructure to support development in the Harlow and Gilston Garden Town including the delivery of The Gilston Area allocation and The River Stort Crossings in the East Herts District Plan and the achievement of the wider strategic planning benefits referred to in the report including supporting the future Harlow Local Development Plan.

D    Cabinet and Council note that officers will prepare for any possible Compulsory Purchase Order(s) (CPO) including any associated Indemnities on behalf of the Council in accordance with the agreements under Recommendations A and C; and, where considered necessary to make a CPO, the Head of Governance, in consultation with other Heads of Service of the Council as may be necessary, will bring each matter back to Cabinet seeking authority to do so.

E     Cabinet delegate authority to the Head of Finance and Property and Deputy to the Chief Executive, in consultation with other Heads of Service as may be necessary, to negotiate and agree and legally complete lease or licence or other arrangements for the delivery of infrastructure works on its land on a case by case basis on behalf of the Council in accordance with the agreement under Recommendation B.

Cabinet received a report which sought a recommendation to Full Council to a agree a resolution in principle to use Compulsory Purchase Orders (CPOs) in order to support development in conformity with the Local Plan.

Proposed by Councillor Danny Purton (seconded by Councillor Mike Danvers) it was:

RESOLVED that:

A     Cabinet recommended to Full Council that, in principle, the Council agrees to use powers available to it under section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily purchase land within the District to support development where in conformity with the Harlow Local Development Plan (subject to its adoption) in order to achieve the planning benefits set out within the Plan.Noting that this in no way predetermines or circumvents the formal planning process.

B    Cabinet recommended to Full Council that, in principle, where Harlow District Council is landowner, or through the process of acquisition (including under CPO) would become landowner, the Council agrees to retain ownership but grant licence for infrastructure works on that land provided that:

                             i)        The infrastructure is intended for a public purpose, benefit or public adoption;

                            ii)        there are no legal restrictions preventing this from happening;

                           iii)        it does not materially undermine another purpose for which the Council requires the land or there are compelling reasons to dispose of a freehold interest; and

                           iv)        Where appropriate, the Council receives appropriate costs/compensation, indemnities and other arrangements considered necessary.

C    Subject to East Herts District Council resolving to follow the same course of action, Cabinet recommended to Council that, in principle, it also agrees to use the powers set out in recommendation A should that be necessary to compulsorily purchase land in the Burnt Mill and River Way areas of the District, to enable the construction of transport infrastructure to support development in the Harlow and Gilston Garden Town including the delivery of The Gilston Area allocation and The River Stort Crossings in the East Herts District Plan and the achievement of the wider strategic planning benefits referred to in the report including supporting the future Harlow Local Development Plan.

D    Cabinet and Council note that officers will prepare for any possible Compulsory Purchase Order(s) (CPO) including any associated Indemnities on behalf of the Council in accordance with the agreements under Recommendations A and C; and, where considered necessary to make a CPO, the Head of Governance, in consultation with other Heads of Service of the Council as may be necessary, will bring each matter back to Cabinet seeking authority to do so.

E     Cabinet delegate authority to the Head of Finance and Property and Deputy to the Chief Executive, in consultation with other Heads of Service as may be necessary, to negotiate and agree and legally complete lease or licence or other arrangements for the delivery of infrastructure works on its land on a case by case basis on behalf of the Council in accordance with the agreement under Recommendation B.

RESOLVED that Cabinet:

A     Agreed the responses to the consultation on the Planning for the Future White Paper as set out in Appendix A.

B    Granted delegated authority to the Head of Environment and Planning, in consultation with the Portfolio Holder for Environment, to make any amendments that may be required, following the Cabinet discussion, to the formal response and that this be forwarded to MHCLG.

Cabinet considered a report which set out the proposed response to the Government’s consultation on reforms to the planning system.

Proposed by Councillor Danny Purton (seconded by Councillor Tony Durcan) it was:

RESOLVED that Cabinet:

A     Agreed the responses to the consultation on the Planning for the Future White Paper as set out in Appendix A to the report.

B    Granted delegated authority to the Head of Environment and Planning, in consultation with the Portfolio Holder for Environment, to make any amendments that may be required, following the Cabinet discussion, to the formal response and that this be forwarded to MHCLG.

RESOLVED that:

A     The draft Harlow and Gilston Garden (HGGT) Town Sustainability Guidance and Checklist (attached as Appendix A to the report) be agreed for a six-week period of public consultation between October and December 2020.

B    It was noted that, following consultation and any subsequent revisions to the document, it is intended that the final HGGT Sustainability Guidance and Checklist will be endorsed as a material planning consideration for the preparation of masterplans, pre-application advice, assessing planning applications and any other development management purposes.

Cabinet received a report which recommended that the Harlow and Gilston Garden Town sustainability checklist was approved for the purposes of consultation.

Proposed by Councillor Danny Purton (seconded by Councillor Mark Ingall) it was:

RESOLVED that:

A     The draft Harlow and Gilston Garden (HGGT) Town Sustainability Guidance and Checklist (attached as Appendix A to the report) be agreed for a six-week period of public consultation between October and December 2020.

B    It was noted that, following consultation and any subsequent revisions to the document, it is intended that the final HGGT Sustainability Guidance and Checklist will be endorsed as a material planning consideration for the preparation of masterplans, pre-application advice, assessing planning applications and any other development management purposes.

RESOLVED that:

A     The Hackney Carriage tariff schedule, attached as Appendix A to the original report, be adopted.

Cabinet received a referral from the Licensing Committee on a review of Hackney Carriage Tariffs.

Proposed by Councillor Danny Purton (seconded by Councillor Mark Ingall) it was:

RESOLVED that:

A     The Hackney Carriage tariff schedule, attached as Appendix A to the original report, be adopted.

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.

Such other business which, in the opinion of the Chair, should be received as a matter of urgency by reason of special circumstances to be specified in the minutes.

None.