Agenda and minutes

Apologies for absence were received from Councillor Frances Mason and Phil Waite.

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

None.

To agree the minutes of the meeting held on 17 September 2020.

RESOLVED that the minutes of the meeting held on 17 September 2020 are agreed as a correct record and signed by the Chair.

The Chair said that due to Covid-19 restrictions her golf day had been cancelled. She had a given a virtual speech to an event commemorating Black History Month, and had also attended a Zoom retirement party for the Reverend Robert Findlay.

One of the Chair’s selected charities Petals had thanked the Council for lighting up the Civic Centre to commemorate Baby Loss Awareness Week. Mind had thanked the Playhouse for lighting up on Mental Health Day.

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

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

Proposed by Councillor Mark Ingall (seconded by Councillor Eugenie Harvey):

“This Council believes that the anticipated Government white paper on Local Government reorganisation is premature and ill-timed and agrees that:

             i)        The current district council system has delivered, and continues to deliver high quality services for local residents;

            ii)        Any combined authority or unitary arrangement will create a democratic deficit with less accountability to Harlow residents; and

           iii)        The focus on Covid-19 recovery, and the challenges currently faced by local authorities as a result, means that additional pressures of reorganisation from any Government proposal are ill-timed.

The Council therefore requests that the Leader of the Council writes to the Secretary of State expressing the Council’s view in the strongest terms.”

Proposed by Councillor Mark Ingall (seconded by Councillor Eugenie Harvey):

“This Council believes that the anticipated Government white paper on Local Government reorganisation is premature and ill-timed and agrees that:

     i)        The current district council system has delivered, and continues to deliver high quality services for local residents;

    ii)        Any combined authority or unitary arrangement will create a democratic deficit with less accountability to Harlow residents; and

   iii)        The focus on Covid-19 recovery, and the challenges currently faced by local authorities as a result, means that additional pressures of reorganisation from any Government proposal are ill-timed.

The Council therefore requests that the Leader of the Council writes to the Secretary of State expressing the Council’s view in the strongest terms.”

RESOLVED that the above motion was carried

Proposed by Councillor Chris Vince (seconded by Councillor Shannon Jezzard):

“Harlow Council opposes the requirement of Essex County Council to impose charges for the use of Sam's place, a cherished facility which provides play and socialising opportunities for disabled children and respite for parents.

This Council requests that the Portfolio Holder for Community and Wellbeing writes to Essex County Council asking them to reconsider their ‘people must start to get used to paying for social care’ approach and allow Harlow to continue delivering the Sam's place service without charge.”

This motion had been withdrawn from the agenda.

Proposed by Councillor Danny Purton (seconded by Councillor Eugenie Harvey):

“This Council welcomes the prestigious Green Flag Awards with Harlow Museum Walled Gardens and Harlow Mill joining Parndon Wood and Harlow Town Park as examples of the UK’s very best green spaces. The awards recognise and reward well-managed parks and green spaces, setting the benchmark standard for their management across the United Kingdom and around the world.

Whilst the Town Park is owned by the Council and maintained by Oofficers, HTS and volunteer teams, and Parndon Wood Nature Reserve is maintained by the Council and local organisation ECCO, Harlow Mill is maintained by the Canal and River Trust.

These awards are a testament to the work that Council Officers, HTS, ECCO and our brilliant volunteers carry out each and every week. The support our local volunteers provide is so valuable and in particularly we would like to thank the Museum Garden volunteers, the Green Team volunteers, Parndon Wood’s Wildspace Volunteers, the Harlow Conservation Volunteers, Town Park Volunteers and the Friends of Pets’ Corner who put in so much hard work to keep these spaces looking beautiful.

This Council requests that the Covid-19 Recovery Working Group investigates ways and means by which these wonderful spaces could be further utilised by residents and visitors to support the physical and mental health of the community during the Pandemic.”

Proposed by Councillor Danny Purton (seconded by Councillor Eugenie Harvey):

“This Council welcomes the prestigious Green Flag Awards with Harlow Museum Walled Gardens and Harlow Mill joining Parndon Wood and Harlow Town Park as examples of the UK’s very best green spaces. The awards recognise and reward well-managed parks and green spaces, setting the benchmark standard for their management across the United Kingdom and around the world.

Whilst the Town Park is owned by the Council and maintained by Officers, HTS and volunteer teams, and Parndon Wood Nature Reserve is maintained by the Council and local organisation ECCO, Harlow Mill is maintained by the Canal and River Trust.

These awards are a testament to the work that Council Officers, HTS, ECCO and our brilliant volunteers carry out each and every week. The support our local volunteers provide is so valuable and in particularly we would like to thank the Museum Garden volunteers, the Green Team volunteers, Parndon Wood’s Wildspace Volunteers, the Harlow Conservation Volunteers, Town Park Volunteers and the Friends of Pets’ Corner who put in so much hard work to keep these spaces looking beautiful.

This Council requests that the Covid-19 Recovery Working Group investigates ways and means by which these wonderful spaces could be further utilised by residents and visitors to support the physical and mental health of the community during the Pandemic.”

RESOLVED that the above motion was carried.

i)        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.

ii)        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:

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

·         There are no legal restrictions preventing this from happening;

·         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

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

iii)        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 i) 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.

iv)        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 i) and iii); 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.

Full Council received a referral from Cabinet to 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 Mark Ingall) it was:

RESOLVED that:

                i)          In principle, Full Council agreed 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.

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

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

·           There are no legal restrictions preventing this from happening;

·           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

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

              iii)          Subject to East Herts District Council resolving to follow the same course of action, Full Council, in principle, also agreed to use the powers set out in recommendation i) 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.

              iv)          Full Council noted 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 i) and iii); 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.

To note the following Cabinet and Committee minutes:

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.