Agenda and minutes

The Chairman to seek Council agreement to suspend Standing Order, 9.3 (Show of Hands for Voting), 22.1 (Standing to Speak) and 22.2 (Chairman Standing).

It was unanimously agreed to suspend Standing Orders 9.3 (Show of Hands for Voting), 22.1 (Standing to Speak) and 22.2 (Chairman Standing).

To confirm the Minutes of the Council Meeting held on 26 November 2020.

The Minutes of the Meeting held on 26 November 2020 were confirmed with a request for clarification on the financial details on Appendix A (pages CL37-38) and signed as a correct record. 

To receive any apologies for absence from Members*.

*Note: Members are asked to email Committee services in advance of the meeting as soon as they become aware they will be absent.

None received.

To declare disposable pecuniary, and any other interests*.

*Note: Members are asked to email Committee Services in advance of the meeting as soon as they become aware they may have an interest to declare.

No declarations were made.

To receive any questions from members of the public submitted pursuant to Council Procedure Rule 12.

Note:  The text of any question under Council Procedure Rule 12 must be given to the Joint Chief Executive not later than Noon on Friday, 22 January 2021.

Questions had been received from Mr David Turver, details of which are set out in Appendix A attached to these minutes.

To receive any questions from Members submitted pursuant to Council Procedure Rule 14.

Note: The text of any question under the Council Procedure Rule 14.3 must be given to the Joint Chief Executive not later than 5.00pm on Monday, 25 January 2021.

The text of any question under Council Procedure Rule 14.4 must be submitted to the Joint Chief Executive before 10.00am on Thursday, 28 January 2021.

Questions had been received from councillor Crookes, details of which are set out in Appendix B attached to these Minutes.

None.

The Cabinet Member for Finance and Corporate Services, Councillor Radley reported:

Hart Community Safety is now feeling well established, links have been made with key partners across the District and they are working closely both across council services and those partner agencies to tackle individual issues and wider locational issues.

Community Safety have also been supporting Environmental Health in active COVID patrols, organised whilst we remain under tight restrictions and infection rates in our area continue to be a challenge. This has involved covering areas across the district to ensure that businesses are complying with rules for their own and their customers’ safety. Advice has been given and any serious concerns passed back to Environmental Health to consider enforcement action, if appropriate.

We are still receiving regular complaints regarding vehicle ASB both at the Blackbushe Business Village and up on the A33 around Riseley with cars racing, drifting and skidding. Patrols have been organised for this coming Sunday at Blackbushe Business Village with the Yateley Neighbourhood Policing Team to progress the serving of s.59 notices where possible. Work continues with the site owner regarding preventative measures.

•           Members requested that the budget would be available in a format that is easy to understand before the February Council meeting.

•           Members were informed that a written summary of the rules around Businesses Additional Restrictions Grant will be circulated to all members.

            The Cabinet Member for Community, Councillor Bailey, reported:

We are in the process of setting up a community pantry which we hope will be up and running by February half term funded from the Hampshire County Council winter grant with food supplied by FareShare and Harvest.  Residents have the chance to become a member and pay a small subscription and are able to access low cost nutritious food with no strings attached. I hope to be able to circulate more information once the final details have been confirmed.

As part of our Covid recovery projects please watch out for the Your Way Forward campaign – developed by the communities team and aimed at young people, encouraging them to talk and seek help where needed for mental health issues. We have involved young people in the campaign design so hopefully it will resonate with young people.

The team are actively working with VIVID to see if we can improve the accommodation we can offer to those who are homeless and this includes looking at Heathlands Court in Yateley – to see if it can be re-designed in some way. We aim that this piece of joint work will result in some better homes for our most vulnerable.

            The Cabinet Member for Regulatory, Councillor Kinnell – gave an update on complaint handling by Environmental Health and gave assurance that every complaint received by the Team has received a response. 

The Joint Chief Executives’ reported that during the current national lockdown council services are operating as effectively as possible. The regular updates are keeping Members informed on decisions and other matters of information relevant to the Council and the wider community.

Elections are still being planned for May.  Members were asked not to go out canvassing for the time being as during ‘lockdown’ canvassing was not an exempt activity. 

Government has indicated that the provision for virtual meetings would not continue after May. Hart plan to go for Hybrid meetings if Government law after that time is changed and allows for that, and is practical for Members to return to the Council Chamber in a safe environment. Members will be kept informed.

From next month (February) Hart will be moving to a YouTube platform for our live broadcasting and recording of Council meetings.  The recording will be held for a maximum of 3 months. And then deleted.  The current Hart Facebook live streaming will cease.

Modern.gov will be up and running by May and Members were requested to complete training for this simple but effective method of presenting committee agendas. 

The Minutes of the following Committees, which met on the dates shown, are submitted.

In accordance with Council Procedure Rule 14.1, Members are allowed to put questions at Council without Notice in respect of any matters in the Minutes to the Leader of the Council or any Chairman of the relevant meeting at the time those Minutes are received by Council.

Meeting                       Date                             Page Nos   For Decision

Overview & Scrutiny 17 November 2020    17-22                     

Overview & Scrutiny 15 December 202      23-28          

(Draft)

Cabinet                        3 December 2020      26-32          

Cabinet (Draft)            7 January 2021          33-37           Minute 88 – Council Tax Base 2021/22 (see item 11 below)

                                                                                                 Minute 94 – Corporate Vehicle for Property Holding Purposes (see item 14 below)

Staffing (draft)            17 December 2020    1-2

Planning                      9 December 2020      18-29

Planning (draft)          13 January 2021        30-34           20/01539/FUL – 28 Finns Business Park, Bowenhurst Lane, Crondall, GU10 5HP *

                                                                                                 Departure from the Local Plan – only if requested.**

*   Reason for Departure: 

The Planning Committee considered that although a DEPARTURE to the Hart District Council Local Plan (HLP32) and approved policy, the fact that there had previously been a dwelling on this site weighed heavily in favour of the development. The Committee considered  that despite the previous dwelling being demolished and rebuilt without planning permission there was no overall significant harm to the future of the Locally Important Employment Site (LIES). The Committee also considered that in light of the history of this site that the site was suitable as a residential site in terms of the surrounding  employment uses but also in terms of the location of the dwelling in the Countryside away from services and facilities.

**  The recommendation will be deemed to be accepted by Council and no debate allowed thereon at Council unless five Members give notice in writing that they wish the recommendation to be debated to the Joint Chief Executive two clear days before the meeting of Council (where Council is on a Thursday this means notice must be given by 5.00pm on the preceding Monday) and where such notice is given the Council shall receive a presentation on the application before the recommendation is debated.

Meeting          Date

Overview & Scrutiny

No questions asked.            17 November 2020

Overview & Scrutiny (draft)

No questions asked.            15 December 2020

Cabinet

No questions asked.            3 December 2020

Cabinet (draft)

No questions asked.

            7 January 2021

Minute 88 – Council Tax Base 2021/22 (see Minute 71 below)

Minute 94 – Corporate Vehicle for Property Holding Purposes (see Minute 74 below)

Staffing (draft)

No questions asked.            17 December 2020

Planning

No questions asked.            9 December 2020

Planning (draft)

No questions asked.

            13 January 2021

20/01539/FUL – 28 Finns Business Park, Bowenhurst Lane,

Crondall, Farnham  -  Departure from the Local Plan

The Departure to the Local Plan was deemed to be ACCEPTED.

Cabinet Minute 88 – Council Tax Base 2021/22.  To accept the Local Council Tax base for 2021/22.  (Attached)

RECOMMENDATION

That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 2012, the amount calculated by Hart district Council as its council tax base for the 2021/2022 year shall be set at 41,175.55.

Cabinet Minute 88 – Council Tax Base 2021/22. To accept the Local Council Tax base for 2021/2022

Members considered the Council Tax Base recommended by Cabinet of 7 January 2020.

DECISION

That in accordance with the Local Authorities (Calculation of Tax Base) Regulations 2012, the amount calculated by Hart District Council as its council tax base for the 2021/2022 year shall be set at 41,175.55.    

To receive any updates from Members who are representatives of the Council on an Outside Body.

There was no feedback for Outside Bodies.

The following items contain exempt information.? 

?

RECOMMENDATION?

?

Members must decide whether the public interest in maintaining an exemption outweighs the public interest in disclosing the information.?

?

It is suggested that, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to, on the grounds that they involve the likely disclosure of exempt information, as defined in paragraphs 1 and 2?of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.?

Council considered the following resolution:

“That under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting with respect to the following item (Cabinet Minute 94 – Corporate Vehicle for Property Holding Purposes) the grounds that the item involved the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Part 1 of Schedule 12A of the said Act.

Members considered the public interest test and, in all the circumstances of the case, considered that the public interest in maintaining the exemption  outweighed the public interest in disclosing the information.”

DECISION

That the public be excluded for the duration of Agenda Item since it was likely that if they were present with respect to Cabinet Minute 94 – Corporate Vehicle for Property Holding Purposes, it would result in the disclosure of exempt information as defined in paragraphs 1 and 3 of Part I of Schedule 12A to the Local Government Act 1972 (as amended) and it was considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information. 

Cabinet Minute 94 – Corporate Vehicle for Proerty Holding Purposes (exempt Cabinet report previously circulated to members).

RECOMMENDATION

1.            Approve the establishment of a Council owned housing limited by Shares to hold and deliver housing and meet the Council’s objectives for the housing company as set out in the report. (Section 5)

2.            Agree that on incorporation of the company, the appointments set out in Section 6 (The Governance structure) take place. Any future appointments are to be made by Cabinet.

3.            Accept the recommendation (Section 7) approving the holding vehicle procurement rules.

4.            Authorise the Joint Chief Executive in consultation with the Leader, and the Chairman of Overview and Scrutiny Committee and the Section 151 Officer to establish the housing company and complete the relevant paperwork and documents as required.

5.            Confirm that, subject to availability, the company be incorporated as ‘Hart Homes Limited’.

Cabinet Minute 94 – Corporate Vehicle for Property Holding Purposes

The matter related to the principle of the creation of a wholly owned company limited by shares to hold and maintain residential assets procured by the Council. (exempt Cabinet report previously circulated to Members).

DECISION

Council Agreed

A.        A Council owned housing company limited by Shares to hold and deliver housing be established.

B.        The Company to be incorporated on the following basis:

•           The Purposes of the Company is solely as a property maintenance and management company holding assets on behalf of the Council. It was to fulfil the following functions:  management, letting, legal, finance and external audit. The Company would not in itself procure assets.

•           The Council would be the sole shareholder of the Company

•           The Board of Directors would comprise Council Officers (a minimum of three individuals).

•           Cabinet is delegated the authority from Council to approve membership of the Board of Directors, subject to conflicts of interest checks by the Council’s S151 and the Monitoring Officer.

•           District Councillors would not be entitled to be members of the Board.

•           The Board of Directors would be in day-to-day operational control of the Company and answerable to the sole shareholder

•           The proposed company structure would be as set out in Appendix 3 of the exempt January 2021 report to Cabinet.

C.        The Joint Chief Executive in consultation with the Leader, the Chairman of Overview and Scrutiny Committee, and the Section 151 Officer be authorised to establish the housing company and complete the relevant paperwork and documents as required.

D.        Subject to availability, the company be incorporated as ‘Hart Homes Limited’.