Decisions

Decisions

12/04/2021 - To reintroduce public access to the search facilities at Herefordshire Archive & Records Centre from the week beginning 12 April 2021 ref: 7838    Recommendations Approved

HARC and the museum sites have been closed in line with regulations enforcing the national lockdown in England.

Under the government’s proposed roadmap for moving out of Covid-19 restrictions, guidance for Step 2 activity for Reopening businesses and venues states that at this stage,

‘Public buildings, such as community halls and centres, and libraries, can reopen’.

The government has confirmed that proposed changes for step 2 can take place from 12 April and a link to the current guidance is below

https://www.gov.uk/government/publications/reopening-businesses-and-venues-in-england/reopening-businesses-and-venues#step-2---no-earlier-than-12-april

Confirmation has been received from the Department For Culture, Media and Sport that Archive search rooms can reopen from 12 April for public access with some initial restrictions. All sessions must be pre-booked, numbers on site should be managed, all items handled by the public should be quarantined for 72 hours after use and appropriate risk assessments should be in place.

Covid-19 secure certification for the delivery of the service in this manner is in place as is an appropriate system for test & trace.

Initially, from 12 April, HARC will operate on Tuesday, Wednesday and Thursday between 10.00 and 15.30. These hours will be reviewed with a view to extending them as the national relaxation of restrictions develops.

Decision Maker: Director of Economy and Place

Decision published: 12/04/2021

Effective from: 12/04/2021

Lead officer: Jon Chedgzoy


12/04/2021 - Update on executive responses to the Committee’s Waste Management Strategic Review and the review of the Climate and Ecological Emergency

To receive an update on the executive responses to the recommendations of the Committee’s Waste Management Strategic Review and the review of the Climate and Ecological Emergency.

Decision Maker: General scrutiny committee

Decision due date: 26/04/2021

Wards affected: (All Wards);

Lead officer: Ben Boswell, Richard Vaughan

Notice of decision: 12/04/2021

Anticipated restriction: Open


06/04/2021 - Decision to replace flat roof coverings at the Hope Centre, Bromyard ref: 7837    Recommendations Approved

S C Joseph Ltd have been identified as the bidder representing best value for money following a competitive tender via the SouthWest Portal and assessment process in accordance with Council procurement procedures. An open tender was published and two valid tenders were received for consideration. The work is to be awarded to S C Joseph Ltd with a tender value of £41,126.00.

The works will prevent further deterioration of the asset, improve insulation and reduce heat loss and enable business continuity and to facilitate the transfer of the freehold interest in the building to the Hope Family Centre.

Decision Maker: Director of Economy and Place

Decision published: 08/04/2021

Effective from: 06/04/2021

Lead officer: Chris Jenner


07/04/2021 - Update on Internal Audit Recommendations

To provide an update to the committee on progress against internal audit recommendations activities.

Decision Maker: Audit and governance committee

Decision due date: 04/05/2021

Wards affected: (All Wards);

Lead officer: Paul Harris

Notice of decision: 07/04/2021

Anticipated restriction: Open


07/04/2021 - 210437 - 22 LADY SOMERSET DRIVE, LEDBURY, HEREFORDSHIRE, HR8 2FF ref: 7833    Recommendations Approved

Decision Maker: Planning and regulatory committee

Made at meeting: 07/04/2021 - Planning and regulatory committee

Decision published: 07/04/2021

Effective from: 07/04/2021

Decision:

The application was approved in accordance with the Case Officer’s recommendation.


07/04/2021 - 202265 - LAND SOUTH WEST OF ORCHARD CLOSE, DILWYN, HEREFORDSHIRE, HR4 8HQ ref: 7832    Recommendations Approved

Decision Maker: Planning and regulatory committee

Made at meeting: 07/04/2021 - Planning and regulatory committee

Decision published: 07/04/2021

Effective from: 07/04/2021

Decision:

The application was refused in accordance with the Case Officer’s recommendation.

Wards affected: Weobley;


07/04/2021 - 204252 - HEREFORDSHIRE FOOTBALL ASSOCIATION, WIDEMARSH COMMON, HEREFORD, HEREFORDSHIRE, HR4 9NA ref: 7834    Recommendations Approved

Decision Maker: Planning and regulatory committee

Made at meeting: 07/04/2021 - Planning and regulatory committee

Decision published: 07/04/2021

Effective from: 07/04/2021

Decision:

The application was approved in accordance with the Case Officer’s recommendation with amended conditions.

Wards affected: Widemarsh;


07/04/2021 - 210086 - CHASEWOOD, 42 EASTFIELD ROAD, ROSS-ON-WYE, HEREFORDSHIRE, HR9 5JZ ref: 7835    Recommendations Approved

Decision Maker: Planning and regulatory committee

Made at meeting: 07/04/2021 - Planning and regulatory committee

Decision published: 07/04/2021

Effective from: 07/04/2021

Decision:

The application was approved in accordance with the Case Officer’s recommendation.

Wards affected: Ross East;


06/04/2021 - Fastershire Community Grant Scheme Approvals Q4 2020/21 ref: 7830    Recommendations Approved

This quarter has seen the first four projects come forward for funding from the Fastershire Community Grant which was launched in December 2020.
The four communities are very different in size, remoteness and viability. The table below details the key information relating to each project.

Community Participating Other Selected
premises benefitting Supplier Total Cost Required
with premises £’000 Funding
<30Mbps with <30Mbps £’000
Birley, Upper Hill
& Aulden 28 17 Full Fibre Ltd 196,610 192,637.08
Nash & Knill 24 7 Airband 149,533 137,533
Cinderford 87 497 Full Fibre Ltd 3,112,006 28,675
Northwick Park
& Draycott 78 110 Gigaclear 231,104 94,603
Total 217 631 3,689,253 453,448.08

Cinderford, being a small town, is the clear outlier and the exercise has done more to bring the viability of the area to the attention of suppliers than plug any major funding gap. However, it is unlikely that many similar schemes to Cinderford will come through the grant and the other three are more representative of the type of projects that will come through in the future.

Despite the disparity in cost vs benefit, each project passed the Value for Money test detailed in the Fastershire Broadband Strategy and was therefore approved.

These early projects have successfully proved the concept of the Fastershire Community Grant, enabling the project to facilitate superfast connectivity to 848 hitherto STD (Still To Do) premises, nearly 10% of the residual premises that are left without a contracted solution.

Decision Maker: Assistant director Corporate Support

Decision published: 07/04/2021

Effective from: 06/04/2021

Lead officer: Natalia Silver


07/04/2021 - Reinstatement of existing highways amenity licensing/pavement licensing (pavement café) activity in relation to the covid19 outbreak ref: 7831    Recommendations Approved

Government advice was that the hospitality venues must close from 31 December 2020 unless operating as a takeaway/delivery operation.

The council suspended highways amenity and pavement licences on 31 December 2021, see Covid HAL/PL suspension decision 31.12.20

Businesses that remained open under that capacity did so without seating areas.

Those businesses that have either a highways amenity licence or a pavement licence for external seating areas will be permitted to reintroduce those areas from 12 April 2021.

Decision Maker: Assistant Director for Technical Services

Decision published: 07/04/2021

Effective from: 07/04/2021

Lead officer: Kevin Price


07/04/2021 - Withdrawal of the Bromyard Depot Site from the DRP ref: 7822    Recommendations Approved (subject to call-in)

To withdraw the Bromyard Depot from the Development Regeneration Partnership (DRP) as the council has not been able to secure vacant possession of the entire development site, and therefore current scheme cannot be taken forward at this time.

Decision Maker: Cabinet member housing, regulatory services, and community safety

Decision published: 07/04/2021

Effective from: 14/04/2021

Decision:

 

That:

a)    The Bromyard Depot site is withdrawn from the Development Regeneration Partnership as the consented housing scheme is not deliverable at this time; and

b)      Keepmoat Housing Limited are reimbursed for the development costs incurred to date (£201,222), in accordance with the requirements of the Development Regeneration Partnership Overarching Agreement.  

 

 

Wards affected: Bromyard West;

Lead officer: Roger Allonby


26/03/2021 - Decision to prosecute an individual under section 117 of the Road Traffic Regulation Act 1984 for blue badge misuse in Union Street. Hereford. Central Ward. 26.03.21 ref: 7829    Recommendations Approved

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

Decision Maker: Chief executive

Decision published: 06/04/2021

Effective from: 26/03/2021

Lead officer: Richard Ball


26/03/2021 - Decision to issue a simple caution against an individual under section 117 of the Road Traffic Regulation Act 1984 for blue badge misuse. Central Ward. 26.03.21 ref: 7828    Recommendations Approved

To issue the defendant a simple caution for offences under the Road Traffic Regulation Act 1984, Section 117

Decision Maker: Chief executive

Decision published: 06/04/2021

Effective from: 26/03/2021

Lead officer: Richard Ball


06/04/2021 - Decision to appoint a consultant to undertake research and evaluation of the Marches Investment Fund Visitor Economy Project ref: 7825    Recommendations Approved

The Herefordshire visitor economy has been severely impacted by Covid 19 and the resulting lockdown. Tourism accommodation and attractions, cultural venues, hospitality businesses, non-essential retailers were instructed by government to close for circa 3 months during the start of their usual peak season period. Many of these businesses have then faced a second period of lockdown in November 2020 This has significantly threatened the viability of these businesses, and put at risk of redundancy the large numbers of people they employ.

In May the Marches LEP allocated £444,220 to Herefordshire to support Covid 19 economic recovery, subject to the development of a business case. Herefordshire Council in partnership with the Herefordshire Business Board established and submitted a business case focussed on supporting the soonest possible recovery of the visitor economy. Shropshire Council (as the accountable body) on behalf of the Marches LEP issued a funding offer letter to Herefordshire Council on the 17th June, and the Cabinet Member for Environment Economy and Skills took a decision to accept the grant and implement the project on the 20th June.

Recognising the need to engage with visitor economy businesses to co-ordinate delivery and to seek relevant expertise, a project steering group was formed in June 2020.

The business case for the Visitor Economy project identified the need for research and evaluation of the project that will benchmark and show the impact of the Visitor Economy project, in particular of the impact of the marketing and PR campaigns, to evidence return on investment and to inform future activity.

Decision Maker: Director of Economy and Place

Decision published: 06/04/2021

Effective from: 06/04/2021

Lead officer: Roger Allonby


06/04/2021 - Bereavement Services - Service review and Charges ref: 7804    Recommendations Approved (subject to call-in)

 

To consider and approve new service charges and changes to service times for Bereavement Services.

Decision Maker: Director of Economy and Place

Decision published: 06/04/2021

Effective from: 13/04/2021

Decision:

That:

a)    Charges are amended for Bereavement Services, as shown in appendix 1, to take effect on 1st May 2021 are approved; and

b)    The cremation service times are increased to reflect the need of the bereaved to have sufficient time to pay their respects, as shown in appendix 2 are approved; and

c)    Pre-purchasing of burial plots in Hereford, Kington and Wigmore Cemeteries is no longer offered.

 

Wards affected: (All Wards);

Lead officer: John Gibbon


21/03/2021 - To endorse and sign the new AONB MoUs for the period 2021-2024 ref: 7824    Recommendations Approved

To endorse and sign the new AONB MoUs for the period 2021-2024

Decision Maker: Assistant Director for Regulatory, Environment and Waste Services

Decision published: 05/04/2021

Effective from: 21/03/2021

Lead officer: Marc Willimont


05/04/2021 - S104 agreement and Deed of Grant of Easement for new foul drainage at the North Magazine, Hereford Enterprise Zone ref: 7823    Recommendations Approved

Detailed technical discussions have taken place between the EZ’s procured drainage engineers (One Ltd) and DCWW to agree a suitable drainage design to serve the North Magazine. Given the multiple potential connections, this needs to be a public sewer owned by DCWW.

A Section 104 (sewerage adoption) agreement and Grant of Deed of Easement is required with DCWW to enable them to adopt this proposed new sewer on the North Magazine. These legal agreements need to be in place before the installation can start.


Decision Maker: Director of Economy and Place

Decision published: 05/04/2021

Effective from: 05/04/2021

Lead officer: Neil Batt


31/03/2021 - Member Development Strategy ref: 7816    Recommendations Approved

 

To approve and adopt the Council’s Member Development Strategy.  Herefordshire Council is committed to providing high quality development to its elected members.  This strategy will underpin this commitment to ensure that every Herefordshire councillor has access to the learning and development they need to perform effectively in their role on the council and in supporting their electorate, now and in the future.

Decision Maker: Cabinet member finance and corporate services

Decision published: 31/03/2021

Effective from: 09/04/2021

Decision:

The Member Development Strategy (Appendix A), for 2021-2023 is agreed and formally adopted.

Wards affected: (All Wards);

Lead officer: John Coleman


31/03/2021 - Wildlife and Countryside Act 1981 Application for a Modification Order in the Parish of Little Birch ref: 7821    Recommendations Approved

Summarise why the decision is being taken and what matters are being taken into account. You can use bullet points. If there are relevant documents (eg a tender evaluation report) you can attach them but remember they will be published with this record so the usual care should be taken that they are suitable for publication.

If the decision impacts the council’s priorities summarise how. In particular if the decision affects the lives of looked after children or care leavers you should explain how.

Decision Maker: Acting Assistant Director for Highways and Transport

Decision published: 31/03/2021

Effective from: 31/03/2021

Lead officer: Mairead Lane


31/03/2021 - Decision to fund uninsured regulatory works at Bromyard Leisure Centre ref: 7820    Recommendations Approved

The Leisure Centre remains closed due to water damage. Both insured and uninsured re-instatement works are well underway however to ensure the Centre can be re-opened the uninsured elements of the regulatory electrical, emergency lighting and fire alarm installations need to be improved and made compliant.

Decision Maker: Director of Economy and Place

Decision published: 31/03/2021

Effective from: 31/03/2021

Lead officer: Chris Jenner


26/03/2021 - Increase in Pre-Application Fees and removal of discounted fees ref: 7819    Recommendations Approved

To ensure the service provides full cost recovery for the benefit of Herefordshire residents. The removal of the exemption category ensures the service is being funded by the applicant. In addition, the statutory planning application fees were raised by 20% in January 2018 whereas the council only increased pre-app fees by 10% in April 2019. Therefore this additional increase ensures consistency with the uplift in the national planning fees as well as achieve full cost recovery.

Decision Maker: Assistant Director for Regulatory, Environment and Waste Services

Decision published: 31/03/2021

Effective from: 26/03/2021

Lead officer: Marc Willimont


31/03/2021 - High Needs Budget 2021/22 ref: 7802    Recommendations Approved

 

To approve the Dedicated Schools Grant (DSG) high needs budget for 2021/22 and the implementation plan for the improvements to the high needs matrix as recommended by Schools Forum.

Decision Maker: Cabinet member children and families

Decision published: 31/03/2021

Effective from: 09/04/2021

Decision:

 

That:

 

  1. a balanced high needs budget for 2021/22 having regard to the views of Schools Forum be approved as follows;

 

(a)       Complex needs funding £2,285,745;

(b)       Independent special schools £1,650,000;

(c)       Special school top-up funding £3,549,650;

(d)       Special school commissioned places £1,643,000;

(e)       Post-16 top-up funding £1,500,000

(f)        High needs contingency £0;

(g)       Mainstream school top-up funding £2,147,525;

(h)       Nurture provision, from September 2021  £116,667;

(i)        SEN protection scheme for primary and secondary schools £435,000;

(j)        H3 Home, Hospital and Hub £432,500;

(k)       Autism and Language units top-up funding £362,432;

(l)        Pupil Referral Unit support fund £100,000;

(m)     Early years top-up funding £175,000;

(n)       Autism and Language Units commissioned places £336,000;

(o)       Pupil Referral Service top-up funding 65 pupils at £6,700 for the summer term and 40 pupils at £9,048 for autumn and spring terms i.e. total top-up funding £392,578

(p)       Pupil Referral Service commissioned places at 65 summer term and 50 autumn and spring £562,500;

(q)       SEN support services

(i)            Additional Needs Management £203,750;

(ii)          Complex Learning Communications £111,550;

(iii)         Equalities team –inclusion £263,937;

(iv)         Hearing Impaired Team £407,500;

(v)          Managed moves £5,000;

(vi)         Business support £73,000;

(vii)        DSG Services £125,900;

 

(r)        Charges and income

(i)            Excluded pupils (AWPU)/ Hospital  -£176,000;

(ii)          Local authority recoupment    -£200,000;

(iii)         Transfer from schools block   -£300,000;

(iv)         Transfer from Central services block -£75,000.

 

(s)         Teachers Pay and Pension Grant allocations £367,000

 

(t)          Beacon College top-up funding for 13 new pupils £101,400

 

(u)        funding for a maximum 20 places for Beacon College be provided at a cost of £200,000 as agreed with the Department for Education;

 

(v)         and the remaining £70,000 provisionally reserved for Beacon College place funding be allocated for out-county independent special school places

 

 

  1. the school financial contribution to the SEN threshold costs within the SEN protection scheme be limited to £150 x the number on roll as at the October 2020 census for the financial year 2021/22

 

  1. The implementation timetable for the new high needs matrix be approved as follows;

       The revised high needs matrix be adopted from April 2021

       All new Education Health Care (EHC) Plans will have funding allocated using the updated tariff levels, including those for children and young people attending specialist settings.

       All children and young people reaching ‘phase transfer’ points of Reception, Year 6 and Year 11 will be moved to the revised HNM with the appropriate tariff levels applied.

       All EHC Plans will be moved to the new funding matrix within five years.

       All non EHC Plan Top up Funding applications will be allocated funding using revised HNM.

  1. The new tariff values be applied to post-16 contracts for the new academic year with effect from 1st August 2021

 

  1. The new tariff values be approved as below from April 2021:

 

Assessment Points

Tariff

Funding as at April 2020

Including inflation increase in April 2021 and the 3% uplift recommended by Schools Forum 19 March

Percentage increase

 

 

£

£

%

0 -9

Local Offer

0

0

 

0%

10-14

A1

696

708

1.0%

15 - 19

A2

1,392

1,404

1.0%

20 - 24

B1

2,400

2,424

1.0%

25 - 29

B2

3,420

3,456

1.1%

30 - 34

C1

4,020

4,056

1.0%

35 - 39

C2

4,620

4,668

1.0%

40 - 44

C3

5,220

5,268

1.0%

45 - 49

C4

5,820

5,988

2.9%

50 - 54

D1

6,900

8,040

16.5%

55 - 59

D2

7,812

9,324

19.4%

60 - 64

D3

8,724

10,608

21.6%

65 - 69

D4

9,624

11,892

23.6%

70 - 74

E1

10,620

13,188

24.2%

74 - 79

E2

11,616

14,472

24.6%

80 - 84

E3

12,600

15,756

25.0%

85 - 89

E4

13,596

17,052

25.4%

90 - 94

F1

14,724

18,336

24.5%

95 - 99

F2

15,864

19,620

23.7%

100 - 104

F3

16,992

20,904

23.0%

105 - 109

F4

18,120

22,200

22.5%

 

  1. As presented to the Schools Forum on 19th March, the funding originally identified to provide for the Minimum Funding Guarantee for special schools (£100k) and to smooth the introduction of the new tariff funding proposals (£52k) is better allocated as follows;

 

a)           to avoid the minimum funding guarantee for special schools by adding 3% on the tariffs D-F as included in recommendation 5 above at a cost of £80,000;

b)          that additional funding of £11,000 be allocated for PRU top-ups to ensure that the PRU is fully funded for top-up D2 at £9,324 per pupil;

c)           That the new tariff C4 be confirmed at £ 5,988 which includes an additional £108 at a cost of £11,000 to reduce the funding differential between tariff C4 and tariff D1;

d)          that the remaining £50,000 of funding be added to the out county special school.

 

Wards affected: (All Wards);

Lead officer: Malcolm Green


31/03/2021 - Property services estates capital works programme ref: 7736    Implemented

 

To agree the property services estates capital works programme.

 

The proposed programme of works as set out in appendix A and B incorporates a series of planned project works that enables the council to deliver on its obligations to maintain buildings fit for purpose utilising the agreed £2.067m capital budget which was approved at council budget meeting of 12 February 2021. 

 

 

Decision Maker: Cabinet member commissioning, procurement and assets

Decision published: 31/03/2021

Effective from: 31/03/2021

Decision:

That:

a)    the estate capital programme as set out in appendix A and B be approved at a total cost of not more than £2.067m; and

b)    the assistant director for technical services be authorised to take all operational decisions necessary to implement the above recommendation and spend within the approved overall budget of £2.067m for the projects as listed in appendix A and B, provided that the sum of individual project expenditure do not exceed the overall budget.

 

 

Wards affected: (All Wards);

Lead officer: GianCarlo Paganuzzi


30/03/2021 - Corporate Risk Register

To consider the status of the council's Corporate Risk Register in order to monitor the effectiveness of risk management within the Performance Management Framework.

Decision Maker: Audit and governance committee

Decision due date: 04/05/2021

Wards affected: (All Wards);

Lead officer: Paul Harris

Notice of decision: 30/03/2021

Anticipated restriction: Open


30/03/2021 - Disposal of Plot N24 off Canary Way, Skylon View, Hereford Enterprise Zone, Rotherwas ref: 7818    Recommendations Approved

Compliance with approved council policy.

Help to further the establishment of NMITE in Hereford, and in particular the specialist facilities it needs to engage and work with local businesses.

Following the award of enterprise zone status in August 2011 approximately 45 hectares (110 acres) of council owned land was included, along with other privately owned land, in the designated EZ. The EZ status has resulted in the council and occupiers within the EZ benefiting from a number of government incentives such as significantly increased awareness and profile of the location and opportunity, business rates relief and retention, improved access to broadband etc. These factors have resulted in an increase in interest from local, national and international businesses in active and advanced negotiations with the council to acquire land within the EZ.

This area of land is located next to the Shell Store at the North Magazine. We anticipate a good deal of beneficial interaction between the Shell Store and the new NMITE facilities. The Shell Store will be a natural location for business start ups generated by students graduating from NMITE.

The sale of the land is on a freehold basis. The purchaser will not accept or proceed with the purchase on any other basis.

Granting an option for the 1.6 acres immediately adjoining the site will give NMITE the certainty they need to help realise their next stage ambitions which is to build another specialist facility, subject to funding being available. This option is specific to NMITE and not transferable, any extension will be at the discretion of the Council. The sale will be based on market value at the time the option is exercised.

All the EZ land is being actively marketed, and is being sold according to independent land valuations and the EZ Land Disposal Policy which was approved by cabinet member on 7 January 2016. The agreed purchase price meets the market valuation. Valuation document attached.

This sale has the full endorsement of the EZ executive board.

The purchaser and their proposal have been assessed by the Hereford Enterprise Zone Board and deemed to meet the Placement Strategy, the Board’s set of criteria which each oncoming organization must achieve in order to progress onto the Enterprise Zone.

The decision to sell this plot supports council policy to use capital receipts from sale of land within the Enterprise Zone to fund the capital expenditure on installing necessary infrastructure across the site. The latest council decision to incur this expenditure is available via this link: http://councillors.herefordshire.gov.uk/ieDecisionDetails.aspx?ID=6182


Decision Maker: Director of Economy and Place

Decision published: 30/03/2021

Effective from: 30/03/2021

Lead officer: Mark Pearce


31/03/2021 - Refreshed Local Outbreak Management Plan 30.03.21 ref: 7817    Recommendations Approved

The refresh of this document is required by Public Health regional convenors as soon as possible.
This plan was originally adopted on 30.06.2020 http://councillors.herefordshire.gov.uk/ieDecisionDetails.aspx?ID=6981
The council’s response to the pandemic has evolved and will continue to do so due to changes in circumstances. Nationally it was felt that all Local Authority Outbreak Management Plans needed to be reviewed due to a stronger focus on Enhanced contact tracing and variants of concern. The aim of the plan is to:
Reduce the spread of infection in Herefordshire, minimise the number of cases, protect our health and care system, and save lives;
Support settings experiencing a new localised outbreak or complex single cases to mitigate the consequences of and help to keep as many services and businesses going as possible in a way that is safe and releases our economy; and
Give the public confidence that we are able to respond appropriately to outbreaks of Covid-1 in order to minimise anxiety.

Decision Maker: Chief executive

Decision published: 30/03/2021

Effective from: 31/03/2021

Lead officer: Claire Ward