To receive any apologies for absence.

Apologies for absence were received from a Member in attendance, Councillor ACR Chappell.

To receive any declarations of interest by Members in respect of items on the Agenda.

GUIDANCE ON DECLARING PERSONAL AND PREJUDICIAL INTERESTS AT MEETINGS

The Council’s Members’ Code of Conduct requires Councillors to declare against an Agenda item(s) the nature of an interest and whether the interest is personal or prejudicial.  Councillors have to decide first whether or not they have a personal interest in the matter under discussion.  They will then have to decide whether that personal interest is also prejudicial.

A personal interest is an interest that affects the Councillor more than most other people in the area.  People in the area include those who live, work or have property in the area of the Council.  Councillors will also have a personal interest if their partner, relative or a close friend, or an organisation that they or the member works for, is affected more than other people in the area.  If they do have a personal interest, they must declare it but can stay and take part and vote in the meeting. 

Whether an interest is prejudicial is a matter of judgement for each Councillor.  What Councillors have to do is ask themselves whether a member of the public – if he or she knew all the facts – would think that the Councillor’s interest was so important that their decision would be affected by it.  If a Councillor has a prejudicial interest then they must declare what that interest is and leave the meeting room.

There were no declarations of interest made.

To approve and sign the minutes of the meeting held on 1 May 2008.  (To follow).

RESOLVED:   That the Minutes of the meeting held on 1 May 2008 be approved as a correct record and signed by the Chairman.

The Leader of the Council welcomed Councillor PD Price as the new Cabinet Member Educational Improvement and ICT.

To agree the final version of the Local Area Agreement for submission to Government Office.

Cabinet received the final report on the Development of the Local Area Agreement for submission to Government Office and were advised the report would be submitted to the Herefordshire Partnership for approval the following day.  Cabinet was reminded the Council was the accountable body and had a key leadership role in ensuring its successful delivery by partner organisations and was being driven forward by the Joint Management Team.  Cabinet was informed of updates and advised that the Primary Care Trust (PCT) was in the final stages of agreeing targets for the next three years.  The stopping smoking targets for 2008/09 were more challenging and the target for 2010/11 had increased by 1 to 818, which the PCT was confident would be achievable.  It was added that government had given new national guidelines that the PCT was working to achieve on alcohol harm related hospital admission rates.  Additionally work was being prepared on an action plan and the collation of consistent information.  It was stated that the target figures presented had been agreed by all partner organisations.

In response to a question on the absence of some data in the LAA improvement targets, Members were advised that a survey of place would be conducted during the which would set some future baseline information, additionally Government was considering technical specification on some indicators and how information would be calculated.

On a point of correction, the Cabinet Member for Economic Development and Community Services requested that the reference to the value of tourism (page 26 paragraph 4) be amended to state £395 million.

It was stated that the LAA indicators had been negotiated over many months and that during the process and in discussions with GOWM some indicators had been amended.  Due to the close working with GOWM it was expected that the indicators would be commended by the Government Office to the Minister for final sign off.

RESOLVED That: Herefordshire’s Local Area Agreement be agreed for submission to Government Office for ministerial sign off in June 2008.

To determine a response to the Phase Two Revision of the West Midlands Regional Spatial Strategy (RSS).  A full copy of the Phase Two Revision document is available in the Members room for Members attention.

Prior to formally introducing the items 5, 6 and 7 (all of which were linked in part), the Cabinet Member for Environment and Strategic Housing advised Cabinet that Dr David Nicholson, Forward Planning Manager had recently been appointed on secondment to the Edgar Street Grid (ESG) and he wished him well for the future.

Additionally, the Cabinet Member for Environment and Strategic Housing informed Cabinet that Herefordshire Council had been asked to act as a peer for another authority by the Improvement and Development Agency (IDeA) due to the following reasons; the advanced nature of the Core Strategy; the establishment of a Task Group with the Local Strategic partnership; the authority’s receipts of PAS training, and the linkages with the Growth Point initiative.  The request to act as a peer reflected well on the authority and the Cabinet Member gave particular thanks to Dr Nicholson and Andrew Ashcroft for their work on this.

The report outlined the Council’s proposed response to the West Midlands Regional Assembly consultation on the current review of the Regional Spatial Strategy (RSS) Phase Two, which looked ahead to 2026 and which focussed on housing, employment, role of centres, and waste.

The Cabinet was informed that Government had already stated that the amount of housing provision for the region outlined in the RSS Phase Two was insufficient to meet future demand and to deliver affordable housing needs, therefore a further study had been commissioned by Government to reassess the situation and to provide for additional housing figures.  The Cabinet was advised that report would be provided later in the year which would outline the study’s outcomes. 

The report for Cabinet’s consideration outlined the need to establish the Council’s position on the review proposals, which would provide a basis for the Core Strategy Option (for consideration under agenda item 6).  Members were advised that whilst the RSS Phase Two rates proposed were similar those indicated in the UDP, the levels and distribution of housing development proposed in the Phase Two development would have implications for the county.  The implications would be that Hereford City would have a significant uplift of over 50% on UDP rates with a downturn in provision for the rest of the County, which may have a direct impact on market town growth and provision for sustainable rural settlements.  Members were reminded that Hereford was one of 10 designated ‘settlements of significant development’ as well as being an area with Growth Point Status (one of 29 areas in England which were identified to deliver higher levels of housing growth). 

The proposed response (as outlined in recommendations 1, 2, 3 and 9) generally supported the Phase Two Revisions, but suggested the need to introduce an element of flexibility.  Additionally whilst as much growth as possible would be sought for Hereford (up to the RSS figure) it was essential to emphasise that appropriate infrastructure would be required to support this.  It was also stated that any residual figures from the Hereford allocation should  ...  view the full minutes text for item 5.

To seek approval for the publication of the Herefordshire Core Strategy Developing Options paper for consultation purposes together with the accompanying Sustainability Appraisal and Habitats Regulations Assessment reports.

The Cabinet’s approval was sought for the publication of the Herefordshire Core Strategy Developing Options paper for consultation purposes, together with the accompanying Sustainability Appraisal and Habitats Regulations Assessment reports.  The Cabinet Member for Environment and Strategic Housing stated that the series of options for how the County could develop up to 2026 assumed the new levels of growth contained in the revised RSS (as discussed in the previous agenda item).  It was emphasised that the options themselves were not for consideration by Cabinet at this stage.  Initial consultation had taken place during 2007 and it was stated that the plan would be locally distinctive and relevant to Herefordshire.  The Local Development Framework (LDF) would be developed in line with the emerging RSS review and links had been made to the Community Strategy through the work of the LDF task group.

A Members seminar had been held in February 2008 to outline the various options and further briefings had been held recently for all Members in Hereford City and the market towns.

The Cabinet Member outlined the four broad options which highlighted the theme of sustainable development; economy (Option A), society (Option B), and environment (Option C), together with Option D which was for a new settlement.  It was emphasised that consultation would be undertaken prior to consideration of a preferred option, which could be a mix of the options outlined.  It was further stated that the regional housing figures would need to be finalised prior to the consideration of the final option.  The methodology behind the adoption of the final option would need to be sound to ensure it met Government’s criteria.

The Cabinet Member additionally stated that a sustainability appraisal and habitat regulation assessment accompanied the report, both of which were required by national and European legislation. As part of the Habitat Regulation Assessment consideration would need to be given to cross border issueswhere there were Internationally important sites e.g. the river Wye (from source to mouth).

It was recommended that the consultation on the Core Strategy paper and the associated appraisals would commence on 16 June for period of eight weeks and the consultees would include parish councils.

In response to a question regarding the summary of workshop comments on within the sustainability appraisal document (appendix 1),  Dr Nicholson stated that the workshop comments provided a record of one of the steps in the process of developing the options.  The workshop’s function was not to ‘appraise options’ but to demonstrate the process within which communication and consultation occurred as the authority moved into a preferred option model, the document therefore provided information and evidence.  It was emphasised that the workshop was solely an officer group.

A Member in attendance advised Cabinet that a worthwhile seminar was recently held which outlined the principles and methods required within a consultation process.  The Cabinet Member for Corporate and Customer Services and Human Resources stated that it had been unfortunate that as the seminar had been arranged at short notice  ...  view the full minutes text for item 6.

To receive and agree for publication and further technical assessment, the emerging findings of an initial study of land with potential for housing development within Herefordshire.

The Cabinet Member Environment and Strategic Housing presented a report which advised of the ongoing Strategic Housing Land Availability Assessment, which was an important part of the emerging evidence based for the LDF (see previous agenda item).  It was emphasised that report’s purpose was not to consider prospective development but reflected the factual position of the assessment of potential as required by the national planning policy to demonstrate the requirements of regional housing provision.  It was stated that it may be required to dip into land that was eventually confirmed to be available in order to deliver the best sites for the chosen preferred option.

In referring to the maps circulated with the papers, the Cabinet Member advised that the Planning Committee raised concerns in respect of a number of protected open spaces and amenity areas which had been included as potential sites, these areas, outlined in the Unitary Development Plan, had been included in error and revised plans (which excluded these areas) were available to view at the meeting on the display boards.  Officers were reminded to ensure that the website was updated with regards to the maps.

Further technical work would be gathered to inform on site suitability.  The emerging work would be available to support the forthcoming Core Strategy consultation.

The Leader was advised that all Hereford City and Market Town members had been invited to attend the meeting.

In referring to the amendments to the maps, it was stated that the new maps would be made available on the web and a reference made to the fact that they had been amended to reflect the appropriate status of protected open spaces and amenity areas.

In response to a question about the input of utility services, the Forward Planning Manager advised Members that these services would be engaged as part of the next steps of consultation, following Cabinet’s approval.

RESOLVED that Cabinet approve:

(a)     The work carried out to date, as a basis for going forward;

(b)    The preparation of a more detailed survey report on the identified land;

(c)     Technical consultation on the study when signed off by the Cabinet Member Environment and Strategic Housing.

To adopt the Highways Network Management Plan 2008 to 2017 as Council policy.

Cabinet was informed that the Highway Network Management Plan was a statutory requirement and should not be confused with the Highway Maintenance Plan or the Local Transport Plan.  The plan considered how to manage the transport infrastructure and the roads concerned.  Cabinet was referred to page 78 of the agenda, bold paragraph, with regard to the duties of a local traffic authority.  It was added that the list of partners was not exhaustive and that partner organisations needed to work together to achieve appropriate efficiencies.  Cabinet referred to page 86 of the agenda and the list of principle partner organisations on the board.  Cabinet also examined the objectives outlined.  Cabinet also referred to page 96 of the agenda and the current strategies to tackle congestion in Hereford.  It was added that from surveys of the public indicate traffic congestion is the single most important issue to residents in Herefordshire. 

Another key issue raised was the accountability of the Highways Agency.  Cabinet was advised that officers were looking to develop and Intelligent Traffic System for Hereford building on the existing system for traffic light management.  It was estimated that the cost could be in the region of £500k however; this would depend on the number of elements included.  Any intelligence gained would be shared with the Highways Agency.  A Member in attendance referred to page 83 of the agenda and traffic congestion in Hereford city.  The Cabinet Member Highways and Transportation drew attention to page 82 of the agenda, Integrated Transport Policy and stated that all aspects of transport needed to be integrated in order to make a transport system that worked for all stakeholders.

When considering the engagement of stakeholders, the Welsh Assembly should be added.

In response to a statement that if an overarching objective of the transport plan was to provide sustainable means, investment in new road building should be discouraged, the Leader advised that such a Plan should assess and tackle the County’s needs whilst also being mindful of sustainability issues.  The Cabinet Member, Highways and Transportation emphasised that within an integrated transport system, all aspects of transport had a part in delivering solutions (as outlined in pages 81 and 82 of the agenda).

RESOLVED That: the Highway Network Management Plan be adopted as Council policy.

The purpose of this report is for Cabinet to consider and approve:

a.             The final outturn position for 2007/08.

b.             Joint Management Team’s proposals for carry forward of unspent budget into 2007/08.

c.             The creation of new reserves and provisions in the 2007/08 accounts.

The Cabinet Member Resources presented the Final Revenue and Capital Outturn 2007/08 report stating overall it represented a good outcome for the authority.  It was added that to date Herefordshire had submitted and received one of the largest claims under the Bellwin scheme for work undertaken during the summer 2007 floods.  Congratulations were expressed to the Benefits team for the amount of benefits subsidy claimed.  In reviewing the financial position the Cabinet Member stated Directors should be congratulated on their overall management of budgets at a difficult time.  Cabinet was referred to page 166 of the agenda to the list of specific reserves and advised that the use of the underspend to set up a specific reserve was requested to help with future accommodation changes.  It was added that it was anticipated that the financial year for 2008/09 would be challenging.  Reference was made to funding in the Environment Directorate and whether reserves were at a level which would support funding for highways.  Cabinet was advised that in previous years the directorate had had some underspend however this year the directorate faced significant challenges meaning the specific reserve could not be increased.  It was added that within Adult Social Care improvements had been as a result of service redesign to rectify the budget position.

The Cabinet’s approval was sought for the use of unspent budget as outlined on page 165, paragraphs 55 and 56 and to the approval of new specific reserves in the accounts as outlined on page 166 of the agenda and detailed in paragraph 59.

RESOLVED that Cabinet approve:

(a)        the final outturn for 2007/08;

(b)               the Joint Management Team’s recommendations for carry forward of unspent budget into 2008/09 (page 165, paras 55 and 56); and the movement to new reserves as outlined in the report (page 166, para 59); and

(c)        the movements to new reserves outlined in the report.

To approve the statutory Minimum Revenue Provision Statement (MRP).

The Cabinet Member Resources presented the report which sought the approval of the Minimum Revenue Provision Statement for 2008/09 in order to formally comply with the Local Authority (Capital Financing and Accounting) (England) (Amendment) Regulations. Cabinet was advised that whilst the new rules came into effect from the 2007/08 financial year, the Council was, in effect, already following these requirements and demonstrating good practice.

RESOLVED That the Minimum Revenue Provision Statement for 2008/09 be approved.

To comment on the proposed changes to the number and locations of polling stations in Herefordshire.

The Deputy Returning Officer presented the report of the Returning Officer on the proposed changes to the number and locations of polling stations in Herefordshire as a result of the requirement within the Electoral Administration Act 2006 (EEA 2006) that relevant authorities conduct a review of all polling districts and polling places, with reviews conducted every four years.  The Cabinet was informed that this was an apolitical report, and whilst approval in principle was sought from Cabinet, the Returning Officer would publish the final outcomes.

A consultation process had been undertaken between February and March 2008 which had included a number of consultees, the comments from which were attached as Appendix 1 of the report.  It was a statutory duty to ensure the provision of appropriate polling stations and Appendix 2 of the report set out the outline of the review proposals, rationale and the recommendations for each ward.

In discussion the issue  in finding staff to cover polling stations in very rural areas was considered.  All Council employees, at all levels, should be encouraged to support the democratic process.  In response, the Returning Officer stated that whilst local authorities were increasingly finding it difficult to staff polling stations, this authority should positively encourage staff to connect with the democratic process and develop a network of staff with the appropriate skills to support the electoral processes

Specific references were made to the following polling stations:

·     Page 184 - Llangarron: Cllr Hyde sought confirmation that no change was proposed; the Registration Services Officer confirmed this to be the case.

·     Page 185 - Pembridge and Lyonshall with Titley: The Leader confirmed that the Parish Council supported the submission.

·     Page 192 - Burghill, Holmer and Lyde Ward: Cllr Robertson spoke in opposition to the proposal which sought to transfer the polling station for the Pipe and Lyde polling district from Moreton on Lugg Village Hall to Holmer Church Parish Centre.  The Registration Services Officer confirmed that the status quo would be maintained pending the conversion of a church to a community facility, which should meet the appropriate standards. 

·     Pages 223/224 - Upton Ward: Councillor Stone requested that the proposal for the Eye, Moreton and Ashton Polling District to be served by Luston Methodist Chapel to be reconsidered.  He expressed the view that Crawley Hall, the current polling station has good access and parking, both of which were lacking at Luston Methodist Chapel.  Concerns were also expressed that the change may adversely affect the number of votes cast and so have a negative impact on local democracy in additional to a detrimental impact to the environment as the distance to travel was further.

• Page 219/220 - St Martins and Hinton Ward: Cllr Oliver proposed the possibility of using Saxon Gate a an alternative to Manor Rest Home as the Putson Baptist Church polling station be accommodating in excess of a possible 3000 votes.

Members were thanked for their comments, all of which would be referred to the Returning Officer for consideration.  ...  view the full minutes text for item 11.

To seek approval to allocate to Herefordshire Housing Limited, Right to Buy (RTB) shared receipts in the sum of £879,443 received from the Housing Association for the 2005/06 financial year to support the redevelopment of the defective concrete homes at Woodedge, Ross-on-Wye and Archenfield, Madley.

Not for publication this item discloses information relating to the financial or business affairs of any particular person (including the authority holding that information).

Cabinet considered a confidential report on the replacement of Defective Concrete Homes at Woodedge, Ross-on-Wye and Archenfield, Madley.

Not for publication this information relates to the financial or business affairs of any particular person (including the authority holding that information).