The Very Reverend Michael Tavinor, the Dean of Hereford, led the Council in prayer.

To receive apologies for absence.

Apologies were received from Councillors Mrs. E.M. Bew, P.E. Harling, Miss F. Short and A.L. Williams.

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

The following declarations of interest were made:

To approve and sign the Minutes of the meeting held on 4th November, 2005.

RESOLVED:  That the minutes of the meeting held on 4th November, 2005 be approved as a correct record and signed by the Chairman.

To receive the Chairman's announcements and petitions from members of the public.

The Chairman congratulated Councillor Mrs. E.A. Taylor on her recent election as Councillor for Tupsley Ward and welcomed her to her first meeting of the Council.

He also welcomed Mrs. Sonia Rees, the Director of Resources.

He announced the death of Mr. Graham Morgan, who had previously served as a Councillor on the Herefordshire Council and prior to that on the South Herefordshire District Council.

He confirmed the appointment of Mr. Clive Richards OBE as Chairman of the Edgar Street Grid Regeneration Company and Jonathan Bretherton as the Chief Executive. 

PETITION

The Chairman received a petition prior to the meeting from the Jason Jones Memorial Committee which is seeking to find land where they can supervise youngsters riding their bikes and also offer health and safety advice etc.  He passed the petition to Councillor R.V. Stockton, Cabinet Member (Community Services).

To receive questions from members of the public.

Under the Constitution a member of the public can ask a Cabinet Member or Chairman of a Committee any question relevant to a matter in relation to which the Council has powers or duties, or which affects the County, as long as a copy of the question is deposited  more than six clear working days before the meeting.  Eight questions had been received in time to be included in the agenda.  The questions and responses are set out below:

Question from Philip Taylor, Hereford

"Following the last full council meeting on 4th November 2005 I was so pleased to hear the leader of the council, Cllr Roger Phillips' reply to the question put to him by Cllr Marcelle Lloyd-Hayes.  She asked him whether there were any discussion being held regarding putting a supermarket on the Edgar Street Grid.  He replied, "No, not to my knowledge, not at all."

My question is, whether we, the public, can be reassured that Cllr Phillips' assertion at the last full council meeting on 4th November 2005, that he did not know of any discussions being held regarding putting a supermarket on the Edgar Street grid, will indeed mean that no supermarket will be build on the grid.  I am also opposed to the Tesco supermarket being transferred from the Bewell Street site.  As a 21 year old post graduate currently training Worcester University for my PGCE, I feel it would be better for Hereford not to have any additional supermarket there.  We need many more things for the youth of Hereford, not a supermarket."

Councillor R.J. Phillips, the Leader of the Council responded by saying that the Edgar Street Grid masterplan envisages the development for retail and mixed uses of the Livestock Market site and provision for an enhanced retail development which complements existing city centre uses.  The emerging Unitary Development Plan provides for what is described as a Class A1 retail use.  This Class embraces all forms of retail, including but not limited to food retail.  No specific proposals are yet available for the form that this retail provision will take.   The masterplan also lists additional uses for the Edgar Street Grid site, such as cultural and leisure facilities.  The final retail use of the Market site will be subject to planning permission which will include further consultation.

Question from Rob Hattersley, Hereford

"Have the Council done an assessment of the economic impact on the city centre of any increase in retail capacity on the Edgar Street grid and if not, do they intend to? Will the Council publicise the results of such an economic impact assessment, and provide time for public debate and scrutiny to allow city centre retailers and their customers a chance to add their voice to the debate? How important do the Council believe it is to prove that the diversity of Hereford city centre will be enhanced and not compromised by competition from big off-centre retailers, before giving those retail developments the go-ahead?"

The Leader replied that work  ...  view the full minutes text for item 59.

To receive any written questions.

Councillors may ask questions of Cabinet Members and Chairmen of Committee so long as a copy of the question is deposited at least 24 hours prior to the meeting.  A list of questions, set out in the order in which they had been received, was circulated at the beginning of the meeting.

Question asked by CouncillorJ Stone

"Will the Cabinet Member (Highways and Transportation) raise with the Highways Agency and the Chief Constable the serious impact of traffic diversion on villages like Luston when the A49 is closed due to accidents which happen with increasing frequency?"

Councillor D.B. Wilcox Cabinet Member (Highways and Transportation), agreed to do so, but reminded Council that there are often few options in choosing the diversion routes which are signed when incidents occur and, even then, some drivers seem to ignore them on occasions.  He advised that the Traffic Management Act 2004 had imposed new duties on the Council to facilitate traffic movement on both its own highway network and those of other highway authorities, such as the Highways Agency.  In developing a comprehensive Network Management Plan for the County, it is intended that a series of key diversion routes will be reaffirmed or revised, supported by detailed operating plans, to support the use of those routes during emergencies.  The Police will be included in consultations about these diversion routes.

In response to a further question Councillor Wilcox agreed that the accident record on the A49 was very bad.  He said that he had been involved in discussions with the Director of Environment and the Highways Agency.  A speed limit study was being undertaken between Hereford and Leominster and a safety review in Ashton was nearing completion which should lead to the introduction of a package of safety measures.  Although the Council could continue to pursue a solution, he was reluctant to commit any Council funding for something which was the responsibility of the Highways Agency.  He reminded Council that a reduction in the number of serious and fatal road accidents was a feature of both the Local Area Agreement and the Local Public Service Agreement.

Question asked by Councillor DJ Fleet

"In view of the Council's commitment to re-furbish High Town to a similar level of the recent refurbishment of Eign Gate, can I be informed what was the total cost for the Eign Gate refurbishment including all Design Fees, Hire charges for plant and  equipment, together with the Greyfriar's storage compound and other ancillary charges. Also costs for street furniture, lighting and trees etc."

Councillor Wilcox confirmed that the Eign Gate refurbishment project was the first stage of the wider refurbishment of the city centre.  The project costs to the end of January 2006 were £650,000 and within budget.  These costs included design fees and contractors costs. 

Individual parts of the refurbishment work, such as street lighting and trees, form part of the itemised contract for construction of the scheme and were commercially confidential. Contractors plant and equipment, together with temporary storage  ...  view the full minutes text for item 60.

Councillor Mrs. M.D. Lloyd-Hayes has submitted the following notice of motion:

I would like to propose that the recently vacated Denco car park site, adjacent to the Hereford Leisure Centre be the location for a skatepark facility to serve the many young people who have been working towards this objective for more than a decade.

The vacated Denco site is not in a residential area and planning permission for change of use to a Skatepark was granted in November 2005 . This is a unique opportunity for the local authority to actively support young people. No other suitable site has become available for years and the Leisure Centre will benefit from increased usage.

In collaboration with other partners, we believe this site would provide a much needed resource for young people, improving health, reducing anti-social behaviour and providing much needed pleasure.  We would welcome the investment of the Herefordshire Council for our younger generation.

The Chairman will rule on whether the matter is urgent.

Councillors Mrs M.D. Lloyd-Hayes had submitted the following notice of motion:

I would like to propose that the recently vacated Denco car park site, adjacent to the Hereford Leisure Centre be the location for a skatepark facility to serve the many young people who have been working towards this objective for more than a decade.

The vacated Denco site is not in a residential area and planning permission for change of use to a Skatepark was granted in November 2005 . This is a unique opportunity for the local authority to actively support young people. No other suitable site has become available for years and the Leisure Centre will benefit from increased usage.

In collaboration with other partners, we believe this site would provide a much needed resource for young people, improving health, reducing anti-social behaviour and providing much needed pleasure.  We would welcome the investment of the Herefordshire Council for our younger generation.

Although Urgency had been requested, under SO 4.22.2 the Chairman ruled that the matter was not urgent, as the Leader had provided an assurance that no irrevocable steps would be taken prior to a report being submitted to Cabinet.

Councillor Mrs. Lloyd-Hayes moved urgency and that motion was duly seconded.  However, the motion was defeated and the matter was referred to the relevant Cabinet Member for potential consideration by Cabinet.

To receive the report and to consider any recommendations to Council arising from the meetings held on 17th November and 15th December, 2005 and 12th and 26th January, 2006.

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 17th November and 15th December, 2005 and 12th and 26th January, 2006.

In relation to Item 1.1 - Review of the Constitution - In response to a query the Leader confirmed that Councillor Mayson, as Cabinet Member (Rural Regeneration and Strategy) would be responsible for all Markets within Herefordshire, including Hereford Livestock Market.  If this was not sufficiently clear in the redrafting then the necessary drafting amendments would be made under delegated powers.

In response to a request for the re-instatement of Programme Panels to allow  Members a voice when issues relating to their wards were being considered, the Leader advised that best practice indicated a developing role for Members in scrutiny committees rather than the re-introduction of Programme Panels.  This also reflected how other local authorities were operating.

In relation to Item 3.1 - Bargates Air Quality Management Area - In response to concerns about the timescale for improvements, the additional traffic likely to be generated from the additional homes to be built at Baron's Cross and the effect this would have on the health of local residents and on their property values, Councillor P.J. Edwards, Cabinet Member (Environment) advised that the proposals for improvements would be the subject of public consultation.  The timing would be closely related to other planned development and improvement in the area.  The junction at Bargates would be improved to increase the flow of traffic, reduce the impact of any additional traffic volume and improve air quality.  He said he understood the Local Members' frustration but stated there was no intention of putting an additional bypass in place around Leominster.  Local Members would be invited to participate in the consultation exercise.

In relation to Item 4.1(iii) - Hereford City Council Service Level Agreement with Herefordshire Council - In response to a query the Leader confirmed that an assessment had not yet been made of the impact any changes to the SLA would have on the services provided in the City.

In response to a number of questions about the provision of a skate park on the Denco car park site the Leader advised that there was still a considerable amount of work to be done before a final decision would be made.  Outstanding issues include responsibility for management of the site and responsibility for health and safety.  Several members called for a quick decision and further talks with interested parties.

In relation to Item 4.1(iv) - Police Restructuring in England and Wales - A number of concerns were raised about the impending restructuring: including the consultation which was considered inadequate, the cost and who would pay, the effect on service delivery and whether West Mercia Police Authority could be dissolved without the agreement of the constituent Councils.  The Leader confirmed that, with the consent of the other political groups, he would write to the Home Secretary expressing the Council's concerns about the proposed restructuring.  He  ...  view the full minutes text for item 62.

To receive the report and to consider any recommendations to Council arising from the meetings held on 25th November, 2005 and 20th January, 2006.

Councillor T.W. Hunt presented the report of the meetings of the Planning Committee held on 25th November, 2005 and 20th January, 2006.

In response to a concern about the number of planning applications being submitted retrospectively, Councillor Hunt advised that there were established procedures for dealing with retrospective applications and details would appear in the new Planning Chairman's newsletter.  Various views were expressed including lobbying central government for a change in the law, or for some form of penalty to be imposed on those who build without the necessary permissions.  Some concerns were raised over whether retrospective applications were treated more or less favourably than others.  Members were urged to exercise caution and ensure that all planning applications, including retrospective applications were considered on their planning merits, and that there should be no presumption, either in favour of, or against, retrospective applications.

RESOLVED:That the report of the meetings of the Planning Committee held on 25th November, 2005 and 20th January, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meetings held on 29th November, 2005 and 31st January, 2006.

Councillor R.I. Mathews presented the report of the meetings of the Regulatory Committee held on 29th November 2005, and 31st January, 2006.

RESOLVED:That the report of the meetings of the Regulatory Committee held on 29th November, 2005 and 31st January, 2006 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 2nd December, 2005.

In the absence of Mr Robert Rogers, Councillor J.W. Edwards presented the report of the meeting of the Standards Committee held on 2nd December, 2005.

RESOLVED:That the report of the meeting of the Standards Committee held on 2nd December, 2005 be received.

To receive the report and to consider any recommendations to Council arising from the meeting held on 26th January, 2006.

Councillor T.M. James presented the report of the meeting of the Strategic Monitoring Committee held on 26th January, 2006.

RESOLVED:That the report of the meeting of the Strategic Monitoring Committee held on 26th January, 2006 be received.

To formally note the result of the by-election for Tupsley Ward.

Council received formal notification of the results of the Tupsley By-Election held on 1st December, 2005.

The full result of the by-election was as follows:

Council noted that the four political group leaders had agreed to increase the membership of the Children's Services Scrutiny Committee by one to enable Councillor Mrs. Taylor to serve on that Committee pending the review of Committee membership at the annual meeting of Council in May.

To receive the report of the meeting of the West Mercia Police Authority held on 13th December, 2005.  Councillor B. Hunt has been nominated for the purpose of answering questions on the discharge of the functions of the Police Authority.

Councillor B Hunt presented the report of the West Mercia Police Authority held on 13th December, 2005.  He referred Members to the Newsletter he had circulated at the beginning of the meeting which included an update on the restructuring of the police service.  Councillor Hunt was asked if he could ask the Police to look at how incidents of malicious reporting were investigated and agreed to do so.

RESOLVED:That the report of the meeting of the West Mercia Police Authority held on 13th December, 2005 be received.