The appeal is against the refusal by the Council, at its Planning Committee on 11th December 2019, to grant planning permission for a mixed used development including the erection for up to 625 homes (including affordable housing), up to 2.9 hectares of B1 employment land, a canal corridor, public open space (including a linear park), access, drainage and ground modelling works and other associated works. Planning reference 171532

The appeal is not concerned with the fact that the Planning Committee resolved to refuse the grant of planning permission contrary to officers recommendation. However, pursuing the defence of the reasons for refusal by the Council could be seen as unreasonable given there is no technical evidence to support the grounds for refusal. It should also be noted that the Council is having difficulty securing technical experts who would provide their evidence in support of the Council’s decision to refuse the planning application.

Regrettably, the legal advice of the Solicitor to the Council and Monitoring Officer is to withdraw the ‘reasons for refusal’ given by the Planning Committee on 11th December 2019 to both mitigate the reputational damage to the Council and to limit the significant costs that the Council could incur.

It is likely that the Inquiry will still take place however the Council will withdraw its reasons for refusal. The benefit of agreeing to withdraw the reasons for refusal now is that the Appellant’s costs incurred in the appeal should be significantly reduced, the inquiry should be shorter, some expert witnesses may not be required to attend and the Council’s costs incurred in instructing technical experts will be reduced

To approve the Carbon Management Plan 2020/21 - 2025/26.

To seek approval to accept £500k from the Department for Transport to deliver a one year extension to the current programme of walking and cycling promotions across the county in 2020/21.

The appeal is against the refusal by the Council, at its Planning Committee on 11th December 2019, to grant planning permission for a mixed used development including the erection for up to 625 homes (including affordable housing), up to 2.9 hectares of B1 employment land, a canal corridor, public open space (including a linear park), access, drainage and ground modelling works and other associated works. Planning reference 171532
The appeal is not concerned with the fact that the Planning Committee resolved to refuse the grant of planning permission contrary to officers recommendation. However, pursuing the defence of the reasons for refusal by the Council could be seen as unreasonable given there is no technical evidence to support the grounds for refusal. It should also be noted that the Council is having difficulty securing technical experts who would provide their evidence in support of the Council’s decision to refuse the planning application.
Regrettably, the legal advice of the Solicitor to the Council and Monitoring Officer is to withdraw the ‘reasons for refusal’ given by the Planning Committee on 11th December 2019 to both mitigate the reputational damage to the Council and to limit the significant costs that the Council could incur.
It is likely that the Inquiry will still take place however the Council will withdraw its reasons for refusal. The benefit of agreeing to withdraw the reasons for refusal now is that the Appellant’s costs incurred in the appeal should be significantly reduced, the inquiry should be shorter, some expert witnesses may not be required to attend and the Council’s costs incurred in instructing technical experts will be reduced

To prosecute the defendant for an offence under Environmental Protection Act 1990, section 34(1) and 78

HMO Licence Granted M/107746

To prosecute two defendants for offences under Environmental Protection Act 1990, section 33 & 34. Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Regulation 19. Consumer Protection From Unfair Trading Regulations 2008 and Fraud Act 2006, Regulation 6, 7, 10 & 11.

To serve two Food Hygiene Improvement Notices - U/003080 & U/003081.

To service a Food Hygiene Improvement Notice - U/003074

To serve a Food Hygiene Improvement Notice - U/003070

To serve two Food Hygiene Improvement Notices - U/003043 & U/003044.

To serve four Food Hygiene Improvement Notice - U/003045, U/003049, U/003050 & U/003052.

The 2018/19 Corporate Accommodation Capital Budget included £90k to
carry out basic alteration works at Leominster Multi Agency Office. During the design process additional requirements for joint occupation of both the MAO/Locality team such as improving heating and sound insulation were incorporated. Tenders have been received and the lowest tender would result in an estimated final cost, including contingency, of £180k. To overcome the short fall a spend of not more than £90k from the underspend of the 2018/19 property estate enhancement works budget is required.

To prosecute one defendant for illegally depositing waste and failing in duty of care under Section 33(1)(a) and 33(6) and 34(1) and 34(6) of the Environmental Protection Act 1990.

To prosecute two defendants for offences under the Environmental Protection Act 1990, section 33, 34, section 108 of the Environmental Act 1995 and section 1 of the Control of Pollution Act 1989.

To prosecute the defendant for offences under the Road Traffic Regulation Act 1984, Section 117

Approval is sought to renew the annual maintenance for Herefordshire Council’s Capita Schools Information System (SIMS) licences. The SIMS licences are held in perpetuity by the council and purchasing the annual maintenance allows the schools to continue to meet DfE statutory regulations in respect of managing their pupil data.
The Council holds perpetual rights to SIMS licences and renewing the support ensures that the system is adequately updated, maintained and ensures availability of any system upgrades. Support and maintenance for this product can only be obtained directly through Capita Business Services Ltd, the proprietor of the software.
Following consultation with Schools and a formal Request for Information from alternative software providers in 2018 it has been established that the system continues to meet the requirements of both the schools and Local Authority. Schools have requested that the annual maintenance is maintained thereby retaining SIMS as the software of choice for the management information system in local authority controlled schools. Market research shows that the product currently holds a market share of 82%, due to the reliability of the product and ability to meet with the ever-changing needs of schools’ requirements and alignment with legislation.
In addition SIMS software enables the Council to upload information relating to pupils and contacts from the schools SIMS system into the Council database enabling the accurate maintenance of information at both school and Council level.
A contract was awarded to Capita in 2012 for a period of 5 years, since then the contract has been renewed twice on a single year basis and the current arrangement expires in March 2020 and, thereafter reverting to the standard local authorities pricing at the rates shown below. I would like to seek an extension to the current arrangement and extend the contract on a 3 + 2 basis.

Recommendation: The SIMS maintenance contract is renewed on a rolling on an annual basis for a period of up to 3 +2 years (from April 2020).

To approve an implementation plan to become a sustainable food county.

Herefordshire Council is designated as the Lead Local Flood Authority (LLFA) for Herefordshire. This means we have a number of duties and responsibilities in relation to managing flood risk across the county.

A major flooding event occurred in Herefordshire during the weekend of 15-16 February 2020, with river levels on the River Wye and River Lugg exceeding the highest recorded levels on record. A major incident was declared by Herefordshire Council on Saturday 16 February. Severe weather warnings remain in place for the River Wye at Blackmarston, and the River Wye and River Lugg in Hampton Bishop, meaning that there is a danger to life. Water levels are expected to remain high for several days. We are still awaiting government announcements regarding support for people and businesses affected by flooding in February 2020.

Therefore the council is going to offer grants to the homes and business affected. We will adopt the eligibility and funding to households and businesses affected by the severe weather that Government provides under the Flood Recovery Framework. This would consist of a Community Recovery Grant, equivalent to £500 per eligible household, to help communities with their immediate recovery and a Business Recovery Grant, which will provide up to £2,500 per eligible small and medium-sized business.

HMO Licence Granted M/105378.

The Local Land Charges office is a statutory service responsible for the maintenance of the Local Land Charges Register and the completion of Local Land Charge searches.

Local Land Charges are imposed on the owners of land and can be originated by local authorities, Highways Agency, Historic England, Water Authorities etc. They affect the current owner and any subsequent owners.

Examples of local land charges originated by the LA are conditions imposed in a planning permission, Conservation Areas, Enforcement Notices, Tree Preservation Orders and Financial charges – e.g. works carried out by the council to make buildings safe.

In addition to the registerable charges, the Council also replies to a number of enquiries set out in a form agreed by the Law Society and the Conveyancing fraternity and this will reveal e.g. adoption of roads, nearby road/traffic schemes, pending planning matters etc.

The fees for local land charges have not been increased since 2017 as part of a three year circle of fee and income review. The charges are calculated on a cost recovery basis based on the length of time taken to complete all searches during a two week period. Taken into consideration is the need for charges to remain competitive and fair.

The charges are outlined below:

Current Proposed
Price £ Price £ % Increase
CON29R & LLC1 165.00 170.00 3.0%
CON29R 126.00 130.00 3.2%
LLC1 39.00 40.00 2.6%

The fees are based on a combined CON29R and LLC1 search; or can be separate if only one element is needed.

Examples of information which may be disclosed on the Con. 29R are outstanding notices relating to:
• Building works
• Environment
• Health and safety
• Housing
• Highways
• Public health

Alternatively they can be separated for lower fees (further information: link)

The new fees to come into place from 1st April 2020.

To set new fees for Land Charge based on:
CON29R & LLC1: £170
CON29R: £130
LLC1: £40
Each additional parcel of land £43

To consider a report on performance monitoring by NHS Herefordshire Clinical Commissioning Group and to determine any recommendations the committee wishes to make.

Tenant has taken a Licence to occupy alternative premises from the Council at Gardner Hall, College Campus

Surrender of lease at 33-35 Union Street Hereford

• The property is surplus to the council’s operational requirements

• The disposal was agreed by an open market tender opportunity conducted by a local agent.

• The new owner will take over maintenance obligations saving the Council money

• Employment and investment opportunities brought to the area

Freehold disposal of yard and buildings at Unit 5 Pontrilas Business Park (former Council Highway’s depot)

HMO Licence Granted M/106308.

To prosecute one defendant for a fly tipping offence under section 33 and an offence under section 34 of the duty of care of the Environmental Protection Act 1990.

That formal documentation in respect of unpaid debt from parking Penalty Charge Notices be served upon vehicle owners, and warrants are executed on those that continue to leave debt unpaid having previously been served documents having obtained authority from the Traffic Enforcement Centre (Northampton County Court).

To serve an enforcement notice in respect of unauthorised material change of use of land from agriculture to a mixed use for agriculture and the siting of seven caravans for residential purposes

Serve Enforcement Notice relating to unauthorised biomass plant

Serve Breach of Condition Notice

To prosecute two defendants for offences under Environmental Protection Act 1990, Section 33, 34, Section 108 of the Environmental Act 1995 and Section 1 of the Control of Pollution Act 1989.

To prosecute the defendant for offences under the Road Traffic Regulation Act 1984, Section 117.

The hire of all car parks in Ross on Wye be approved at the charge set out in the schedule of charges in order to allow event organiser to promote free parking on Saturday 3rd August 2020.

Approve grant of landlords consent to sublet buildings at Rotherwas Service Station

a) To spend professional fees as set out in the attached record of officer decision up to the value of £300,000.

b) To award a contract for a Quantity Surveyor (QS) up to the value of £30,000 which is funded via the professional fees.

c) To spend a maximum of £3000 from the contingency budget for the removal of the tree branches on the site.

That:
Subject to the consideration of the receipt of any objections arising from the formal Notice of Proposal a new Traffic Regulation Order (TRO) will be introduced under Part 1, Section 1 & 2 of the Road Traffic Regulation Act 1984 , the effect of which will be to introduce No Waiting at Any Time restrictions on the following stretches of road;
Junction of Mortimer Street and Wigmore Street
Mortimer Street (Southern Side)
- From its junction with Wigmore Street to a point 10m west of its junction with Wigmore Street
- From its junction with Wigmore Street to a point 10m east of its junction with Wigmore Street
Wigmore Street (Eastern Side)
- From its junction with Mortimer Street to a point 10m south of its junction with Mortimer Street
Wigmore Street (Western Side)
- From its junction with Mortimer Street to a point 10m south of its junction with Mortimer Street
Junction of Wigmore Street and Croft Street
Wigmore Street (Western Side)
- From its junction with Croft Street to a point 21m southwest of its junction with Croft Street
Wigmore Street (Eastern Side)
- From its junction with Croft Street to a point 12m north of its junction with Croft Street
Croft Street (Northern Side)
- From its junction with Wigmore Street to a point 10m east of its junction with Wigmore Street
Westernmost Junction of Churchill Avenue and Croft Street
Croft Street (Southern Side)
- From its junction with Churchill Avenue to a point 13m east of its junction with Churchill Avenue
- From its junction with Churchill Avenue to a point 10m west of its junction with Churchill Avenue
Churchill Avenue (Western Side)
- From its junction with Croft Street to a point 19m south of its junction with Croft Street
Churchill Avenue (Eastern Side)
- From its junction with Croft Street to a point 21m south of its junction with Croft Street
Easternmost Junction of Churchill Avenue, Croft Street and Mortimer Place
Croft Street (Northern Side)
- From its junction with Mortimer Place to a point 20m west of its junction with Mortimer Place
Croft Street (Southern Side)
- From its junction with Churchill Avenue to a point 24m northwest of its junction with Churchill Avenue
Croft Street (Eastern Side)
- From its junction with Mortimer Place to a point to its junction with Churchill Avenue. A distance of 5m
Mortimer Place (Eastern Side)
- From its junction with Croft Street to a point 10m north of its junction with Croft Street
Mortimer Place (Western Side)
- From its junction with Croft Street to a point 10m north of its junction with Croft Street
Churchill Avenue (Eastern Side)
- From a point 70m west of its junction with Hereford Road to a point 80m west of its junction with Hereford Road
Churchill Avenue (Western Side)
- From its junction with Croft Street to a point 10m south of its junction with Croft Street
Junction of Mortimer Street, Alderman’s Meadow and Mortimer Place

Mortimer Street (Northern Side)
- From its junction with Alderman’s Meadow to a point 16m west of its junction with Alderman’s Meadow
Mortimer Street (Southern Side)
- From its junction with Mortimer Place to a point 23m northwest of its junction with Mortimer place
Mortimer Street (Eastern Side)
- From its junction with Alderman’s Meadow to its junction with Mortimer Place. A distance of 8m
Alderman’s Meadow (North-western Side)
- From its junction with Mortimer Street to a point 9m north of its junction with Mortimer Street
Alderman’s Meadow (South-eastern Side)
- From its junction with Mortimer Street to a point 13m north of its junction with Mortimer Street
Mortimer Place (Western Side)
- From its junction with Mortimer Street to a point 14m south of its junction with Mortimer Street
Mortimer Place (Eastern Side)
- From its junction with Mortimer Street to a point 12m south of its junction with Mortimer Street
Junction of Churchill Avenue and George Street

Churchill Avenue (Southern Side)
- From its junction with George Street to a point 4m east of its junction with George Street
- From its junction with George Street to a point 8m west of its junction with George Street
George Street (Western Side)
- From its junction with Churchill Avenue to a point 10m south of its junction with Churchill Avenue
George Street (Eastern Side)
- From its junction with Churchill Avenue to ap point 10m south of its junction with Churchill Avenue
Junction of Elm Close and Hereford Road
Hereford Road (Western Side)
- From its junction with Elm Close to a point 10m north of its junction with Elm Close
- From its junction with Elm Close to a point 10m south of its junction with Elm Close.
Elm Close (Southern Side)
- From its junction with Hereford Road to a point 18m west of its junction with Hereford Road
Elm Close (Northern Side)
From its junction with Hereford Road to a point 17m west of its junction with Hereford Road

To approve the executive response to the recommendations from the spotlight review concerning peer on peer abuse in schools. The spotlight review considered the Herefordshire approach to peer on peer abuse and made twelve recommendations to the executive.

To increase charges to services provided for the purposes of waste collection across trade, bulky, garden and parish freighter;
And to set the introductory prices for optional or additional waste management services.

Trade waste prices
Collect & dispose 2019-20 2020-21
1100 £ 16.00 £16.99
660 £ 11.50 £11.99
360 £ 7.50 £7.89
240 £ 6.00 £6.30
Chamberlain £ 15.00 £15.59
Sacks (x50) £ 80.00 £82.50
Sacks (x25) N/A £43.75
Recycling 240 £ 3.25 £3.30
Recycling 1100 £ 7.50 £7.90
Recycling sacks (x50) £ 50.00
£55.00
Delivery £ 25.75 £25.80
Removal £ 51.20 £51.50

Trade waste prices for LA maintained schools/academy & charity shops
Collection only 2019-20 2020-21
1100 £ 10.20 £10.40
660 £ 7.20 £7.34
360 £ 6.15 £6.27
240 £ 4.80 £4.90
Chamberlain £ 9.50 £9.69
Sacks (x50) £ 48.75 £49.73
Sacks (x25) N/A £27.37
Recycling 240 £ 1.85 £1.89
Recycling sacks (x50) £ 36.00
£36.72

DOC
2019-20 2020-21
Administration fee for paper copy £ 11.00
£12.00

Garden waste sacks
2019-20 2020-21
Per roll of 5 sacks £ 3.90 £4.00

Parish Freighter
2019-20 2020-21
Per 2 hour slot £ 408.00 £414.00

Bulky waste collection
2019-20 2020-21
Per 3 items £ 25.00 £ 25.50
Per fridge or freezer £ 20.00 £ 20.50

Household waste container deliveries
NEW charges from 1 April 2020-21
Delivery/removal charge £ 15.50
360l bin additional cost £ 11.50

180l damaged replacement £ 18.00
240l damaged replacement £ 18.50
360l damaged replacement £ 30.00

To review progress against the Safeguarding and Family Support division improvement plan 2019 / 2020 produced in response to the Ofsted Inspection of Local Authority Children’s Services (ILACS) inspection judgement of June 2018 and the subsequent focused visits carried out in 2019.

To include an update on work with West Mercia Police regarding referrals to the Multi-agency safeguarding hub.

1. To undertake road repairs to the access road to the Household Recycling Centre, Waste Transfer Station and Waste Collection Depot at Bridge Street, Leominster.

2. To recharge all costs to our waste management contractors FCC Environment Ltd and Mercia Waste Management in accordance with the license to occupy and lease respectively.

To dispose of the redundant barns which formed part of Magnolia Farm, Canonbridge by informal tender using the existing contract with Fisher German.

That the council agrees to grant a new long leasehold to Ascalon for 441.4 sqm of land at Chapel Road, to run concurrently with their existing long leasehold of adjacent land. In addition 34.1 sqm of land will be released from their existing lease back into council’s control

The following contracts are awarded as a result of a competitive tendering process.

Contract 1 be awarded to Herefordshire Vennture to deliver a family mentoring service at fixed cost of £100,000 from 1 April 2020 to 31 March 2021.

Contract 2 be awarded to Home-Start Herefordshire to deliver the Befriending Service at a fixed cost of £66,000 from 1 April 2020 to 31 March 2021.