To receive the report and to consider any recommendations to Council arising from the meetings held on 20th and 27th November and 4th and 18th December, 2003.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 20th and 27th November and 4th and 18th December, 2003.

In relation to Item 1.1 - Second Homes and Empty Property Council Tax Discounts, Councillor T.M. James welcomed the introduction of changes to the levels of Council Tax Discount on second homes and empty properties.

In relation to Item 1.2 - Review of the Constitution, The Leader proposed that the words "and Councillor Membership" be deleted from Recommendation (c) and the Appendix be amended accordingly.  He urged Members to view the ward composition of Local Area Forums as a guide but said they could attend whichever Forum they considered most appropriate depending on the items on the agenda.

In relation to Item 4.1(ii) - Index of Multiple Deprivation (IMD), Councillor Chappell, although glad that the South Wye area had lost its "deprivation" status expressed concern about the affect that would have on future investment in the area.  The Leader advised that he had drawn similar concerns to the attention of the Boundary Commission but whilst these had been recognised the Commission had not felt it appropriate that they should determine the outcome of the Review.

In relation to Item 6.1(i) - Replacement Swimming Pool for North Herefordshire, Councillor B. Hunt, said by raising a motion on provision of a swimming pool at Bromyard, he and Councillor Dauncey had fulfilled a manifesto commitment to the people of Bromyard.  He regretted that Bromyard was not chosen as a site for the new pool but understood why it was to be sited at Leominster.  Council acknowledged the contribution made by Leominster Town Council and the various Parish Councils who had helped with fund raising or made a commitment of funding.  Councillor R.V. Stockton advised that the scheme was very much on schedule with a target date for completion of June 2005.  The Leader said that the specifications relating to energy efficiency had been approved by user groups and other consultees.

In relation to Item 7.1(i) - Edgar Street Grid Masterplan, there was some concern that there was no mention of preserving the historical heart of the City.  Councillor G.V. Hyde, Cabinet Member (Economic Development, Markets and Property) assured Council that the preservation of the City's heritage was an integral part of the development.  He recognised that the provision of a supermarket remained a controversial issue within the Council but was a way of raising much needed funds and should be retained within the masterplan.

In relation to Item 9.1(i) - Development Control Functions, in response to an allegation that the Council was not following Government policy of delegation of development control functions to parish councils the Leader said that he was not aware of any mass delegations.  He knew of one local authority that had delegated small matters to parish councils but if any objections were received the matter was referred to the Planning Sub-Committee for determination. 

In relation to Item 9.2(i) - Legionnaire's Disease, the Leader advised that he had received a letter from the Chairman of the Primary Care Trust thanking the Council for its handling of the outbreak.  He had passed the letter to the relevant directorates so that staff would be made aware of the recognition their  efforts had received.

In relation to Item 10.1(ii) - Car Parking Strategy and Charges, in response to a number of comments and questions relating to the provision of free parking or deferred price increases, the Cabinet Member (Highways and Transportation) advised that the Environment Scrutiny Committee would be agreeing terms of reference for the parking strategy review group at its next meeting.  The Group would take account of all the points made.

In relation to Item 13.1(i) Response to the Consultation on the Government's Green Paper "Every Child Matters" - It was agreed that services could be integrated across Education, Social Care, Health, Youth Justice and the Youth Service.

In relation to Item 13.1(iv) - Council's Residential Care Homes Proposed Transfer to Shaw Homes - Councillor Mrs. L.O. Barnett, Cabinet Member (Social Care and Strategic Housing) apologised for not circulating a briefing note to all Members as promised.  She said there would be a further meeting with Shaw Homes and the briefing note would be available after that.

RESOLVED:  That the report of the meetings of Cabinet held on 20th and 27th November and 4th and 18th December be received;

That    (a)        the level of Council Tax discount on second homes be reduced to 10% and the 50% discount on long-term empty properties be removed; and

            (b)            that the Constitution be amended as follows:

(i)Part 4 of the Constitution by deleting Standing Order 4.3.7 which deals with the appointment of Chairmen of Local Area Forums;

(ii)Part 10 of the Constitution by deleting Standing Order 10.1.5 which sets out provision for formal membership of Local Area Forums, and amend Standing Order 10.1.6 which deals with the appointment of Chairmen;

(iii)Appendix 20 of the Constitution by substituting Appendix 1 to set out the ward composition of Local Area Forums;

(iv)Appendix 15 (Councillors’ Allowances Scheme) of the Constitution to delete Band 5, Chairman of Local Area Forums, £517 from the Scheme approved by the Council on 25 July 2003;

(v)Part 5 of the Constitution by adding “Regulatory Committee” to Standing Order 5.1.1 Appointment of Sub-Committees and Working Groups;

(vi)Standing Order 9.3.2.1 (Terms of Reference of the Regulatory Committee) of the Constitution by adding:

“To undertake responsibility for the Council’s functions in relation to all liquor licensing, gaming permits, public entertainment licences and cinema licences under the Licensing Act 2003 as amended from time to time.”

(vii)Standing Order 9.3 (Regulatory Committee) of the Constitution by adding:

“9.3.3 REGULATORY SUB-COMMITTEE

9.3.3.1 The Regulatory Sub-Committee will be responsible for determining individual applications for liquor licensing, gaming permits, public entertainment licences and cinema licences within Herefordshire.”

(viii)Standing Order 12.7.3 (County Secretary and Solicitor) of the Constitution by adding:

“12.7.3.6 The County Secretary and Solicitor will maintain a Scheme of Delegation to officers for regulatory matters and is authorised to revise that Scheme from time to time.”

and

(ix)the County Secretary and Solicitor be authorised to make any further consequential revisions to the Constitution as necessary.