Council and councillors

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet – 17^th March 2020. Consultation with Cabinet Members to enable a delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

Highways Capital Maintenance – Surface Dressing Programme 2020/21

PURPOSE OF THE DECISION

To approve the road surface dressing programme for 2020/21 which will be funded from the 2020/21 highway maintenance capital maintenance allocation.

DECISION DETAIL

Approve the road surface dressing programme, funded from the highways capital maintenance allocation for 2020/21.

REASON FOR THE DECISION

It is recommended that the road surface programme approved and be funded from the highway capital maintenance allocation for 2020/21.  This contributes to the Council’s statutory duty to highway maintenance and road safety. 

OTHER OPTIONS CONSIDERED AND REJECTED

N/A

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

None

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet – 17^th March 2020. Consultation with Cabinet Members to enable a delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

Policy for the adoption and management of closed Churchyards & Cemeteries.

PURPOSE OF THE DECISION

The Council is required to adopt and safely manage closed cemeteries and churchyards that have been subject to statutory closure orders and transfer requests in accordance with Section 215 of the Local Government Act 1972. This Report presents a policy of control, attached as appendix A, that affirms the future process by which this obligation will be executed.

DECISION DETAIL

To approve the adoption of the Closed Churchyards & Cemeteries Adoption & Management Policy.

REASON FOR THE DECISION

The council is required to appropriately address the management and adoption of closed cemeteries and churchyards in accordance with statutory and regulatory requirements. Prudently that is done in the context of a formal and adopted policy which is now presented for approval.

OTHER OPTIONS CONSIDERED AND REJECTED

Once the Council is served a Notice under Section 215 acceptance is required. This is not something that the Council is able to refuse

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

None

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet – 17^th March 2020. Consultation with Cabinet Members to enable a delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

Planning Enforcement Policy

PURPOSE OF THE DECISION

The report was prepared to update Members on the proposed changes to the Planning Enforcement policy which is 6 years old and dude for revision.

DECISION DETAIL

To approve and adopt the updated Planning Enforcement Policy

REASON FOR THE DECISION

It is recommended that the Cabinet adopts the updated Enforcement Policy to ensure that the Council is able to priorities the investigation of breaches of planning control in an efficient manner making best use of the teams resources.

OTHER OPTIONS CONSIDERED AND REJECTED

The alternative option would be to continue with the existing policy.  Given this is now six years’ old there is a need to make the planning enforcement policy meets current national guidance and legislation so the alternative option has been discounted.

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

None

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet 17^th March 2020. Consultation with Cabinet Members to enable a delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

Ketton Conservation Area

PURPOSE OF THE DECISION

To consider revisions to the Ketton Conservation Areas following its appraisal and consultation on proposed changes.

DECISION DETAIL

1.    That Cabinet considers and approves the Ketton Conservation Area Appraisal and proposed boundary changes including the designation of Geeston as a conservation are and incorporating the following boundary changes:

• To designate a new Conservation Area in Geeston, forming a smaller character zone of Ketton.
• To extend the conservation area to include the former railway station building, Station Road.
• To extend the conservation area to include ‘The Paddock’ and adjacent outbuilding on Hunts Lane and Nos. 1-3 Hunts Lane
• To extend the conservation area to include the field between No.6 and No.8 High Street.
• To extend the conservation area to include all of the outbuildings at Home Farm, off High Street.
• To extend the conservation area to include the avenue of Trees at Edmonds Drive, Aldgate.

·       To extend the conservation area to include all the property boundary associated with No.11 and No. 12 Aldgate

• To rationalise the boundary of the conservation area at The Dovecote, adjacent Manor Barn, High Street in accordance with existing property boundary to include the immediate land surrounding it which forms part of the setting of the building. 

2.       That Cabinet authorises the Deputy Director for Places, in consultation with the relevant Cabinet Member portfolio to approve minor amendments to the content of the appraisal (such as updates to policy) or minor changes to the conservation area maps.

REASON FOR THE DECISION

Officers consider that this is a comprehensive appraisal to update the Ketton Conservation Area.  It clearly defines its special interest and puts forward proposals for enhancement. It provides a thorough and robust evidence base that can be used to inform the development management process.

OTHER OPTIONS CONSIDERED AND REJECTED

An alternative option would be not to extend the conservation area and retain the boundary as existing. This would be contrary to the Planning (Listed Buildings and Conservation Areas) Act 1990 and would not fully recognise, preserve and enhance the areas of Denton which are of historic and architectural interest. It would constitute a missed opportunity to include areas which are of sufficient architectural quality to merit protection.  These alterations will ensure that the boundary is robust and justifies its status as an area of special historic and architectural importance.

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

Councillor G Brown declared that he may be biased and pre-determined in this item as the Ward Member for Ketton. He would therefore, not take part in the discussion and nor would he participate in any agreement.

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet – 17^th March 202.  Consultation with Cabinet Members to enable a      delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

Extension of Delegation of Business World Finance System

PURPOSE OF THE DECISION

In February 2016, Cabinet gave approval for the Director for Resources to delegate the provision, support and maintenance of the Resource Management System (‘Business World’) to Herefordshire Council for an initial 5-year period (the agreement expires December 2021).  In November 2017, the Council also asked Herefordshire to deliver its payroll service.  This was covered under a separate agreement.

This report asks for approval to extend the agreement for a further 10 years and to include payroll.  Whilst there is still time left on the existing agreement, moving to an alternative option would take up to 18 months and hence approval is being sought now.

DECISION DETAIL

That delegation be granted to the Director of Resources in consultation with the Portfolio Holder for Resources the decision to extend the delegation of the provision for support and maintenance of the Resource Management System (‘Business World’) including payroll services to Herefordshire County Council for 10 years and to formalise these arrangements through signing of a variation to the original agreement approved by Legal Services.

REASON FOR THE DECISION

The Council has an existing delegation agreement with Herefordshire Council which will expire on 31 March 2022.  The recommendation extends this delegation and will allow the Council to continue to enjoy the financial and non-financial benefits of services being delivered by another Council.

OTHER OPTIONS CONSIDERED AND REJECTED

Prior to making its original decision to delegate, the Council explored other options which remain valid today.  These options have been revisited and an assessment made that none is preferable to the option proposed. 

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

None

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A

DECISION TAKER (name and title)

Name: Helen Briggs

Title: Chief Executive Officer

DELEGATION GIVEN UNDER

            A specific express authorisation (at a meeting, include date and name of meeting):

            Cabinet – 17^th March 2020. Consultation with Cabinet Members to enable a delegated decision to be taken under the urgent delegation below

            Under general authorisation (in the constitution or other document stating        what section applies) Part 3 – Scheme of Delegation (section 11.10.5) ‘To take any urgent action necessary in the event of a civil emergency and deal with matters relating to civil protection/emergency planning arising from the Council’s powers and duties under the appropriate legislation’. 

THE EFFECT OF THE DECISION

Grant a permission or Licence

Affect the rights of an individual

Award a contract or incur expenditure which materially affects the council’s    financial position

Update purposes

ARE YOU FOLLOWING A PROCESS TO COME TO THE RESULTED ACTION OR ARE YOU MAKING A CHOICE BETWEEN TWO OR MORE ALTERNATIVES?

            Following a process – No further action required

            Choosing between alternatives

IS THE RECORD OF THE DECISION, INCLUDING THE DATE, DECISION AND REASONS ALREADY PUBLISHED IN ACCORDANCE WITH ANY OTHER STATUTORY REQUIREMENT?

            Yes (on the forward plan) – No further action required

            No

TITLE OF DECISION:

PROGRESS UPDATE ON ST GEORGE'S BARRACKS

PURPOSE OF THE DECISION

The purpose of this report is to provide Cabinet with a progress report on the St

George’s project.

DECISION DETAIL

That the progress update in respect of the St George’s Project be noted

REASON FOR THE DECISION

N/A – for noting.

OTHER OPTIONS CONSIDERED AND REJECTED

N/A – for noting.

LOCAL GOVERNMENT BODY DECLARATION OF CONFLICT OF INTEREST OF MEMBERS GIVEN IF AUTHORISATION WAS GIVEN AT A MEETING

None

SUMMARY OF EXEMPT OR CONFIDENTIAL INFORMATION NOT DISCLOSED

N/A