Agenda item

QUESTIONS TO THE CABINET MEMBERS AND CHAIRMEN UNDER STANDING ORDERS

To receive any written questions.

Minutes:

Councillors may ask questions of Cabinet Members and Chairmen of Committees so long as a copy of the question is deposited with the Head of Legal and Democratic Services 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.  Councillors may also, at the discretion of the Chairman, ask one additional question on the same topic.  The questions and summary of the answers are set out below.

 

Questions from Councillor ACR Chappell

 

“Will the Cabinet Member (Economic Development and Strategic Housing):

 

a)            make his findings public with regard to the Rotherwas Ribbon?

b)            invite interested parties to investigate other sites immediate to the Rotherwas Ribbon site?

c)            if English Heritage and other expert authorities agree that any new finds of the ‘Ribbon’ are worth preserving for tourism, will he tell me how many visits from the public would make a new tourist centre for the ‘Rotherwas Ribbon’ financially viable for rate payers money to be used for such a project?

d)           give me a categorical assurance that any greater vehicle movements along Holme Lacy Road/Hoarwithy Road/Ross Road as a result of the discovery of the ‘Ribbon’ will in no way increase congestion on this road, and if he cannot, will he build an alternative route to any new tourist attraction?”

 

Answers from Councillor A Blackshaw, Cabinet Member (Economic Development and Community Services)

 

a)      He had visited the site with representatives of the Herefordshire Tourism Sector and it was their conclusion that the site offered little potential as a major tourism attraction in itself.  He believed there might be some merit in producing interpretive material for display at Hereford Museum and for exploring the possibility of a local viewing point of the find.  An insert from the Visit Herefordshire is attached for information.  This article was written following a visit by a Director of Tourism West Midlands and a Director of Visit Herefordshire.

b)      In respect of the tourism potential of other sites immediate to the Rotherwas Ribbon site, interested parties are encouraged to provide their views on that matter.

c)      As already mentioned it is not believed that the remains provide the opportunity to develop a significant as a tourism attraction.  If however, there was a decision to try to provide a tourism centre for the Rotherwas Ribbon its financial viability would depend upon the charging regime that was put in place for the facility.  It is not envisaged that the attraction will be capable of attracting visitors who would be prepared to pay significant amounts to visit a facility.  On this basis it is anticipated that a financially viable tourism attraction might require as many as 1 million visitors per annum to make it stack up financially.

d)      A categorical assurance cannot be given that a visitor attraction would not generate greater vehicle movements.  It is anticipated that if a tourism attraction were to be developed it would generate some additional vehicle movements.  It would not be financially viable to build an alternative route to any new tourism attraction sited along the Rotherwas Access Road.

 

“Is the Cabinet Member (Highways and Transportation) aware that flooding took place on Friday/Saturday last, in Prospect Walk off Whittern Way, Tupsley, Widemarsh Street near Newtown Road and Hinton Road as a direct result of water rising out of drains?”

 

Answers from Councillor DB Wilcox, Cabinet Member (Highways and Transportation)

 

The Highways & Transportation Service are aware that flooding took place on Friday/Saturday last, in Prospect Walk off Whittern Way, Tupsley, Widemarsh Street near Newtown Road and Hinton Road and that this was a result of water rising out of drains. The Highways & Transportation Service are also aware of numerous other locations throughout the County where flooding has occurred as a result of the recent heavy rainfall. Herefordshire has seen a months worth of rainfall in one day, surcharged drainage systems, swollen brooks and surface water run-off has caused properties to flood, roads to be closed and necessitated the evacuation of entire communities.

 

“Can he assure me that all areas affected by flooding will be inspected for blocked drains and immediate action taken where necessary?”

 

The Highways & Transportation team have worked around the clock with their partners HJS and alongside many other services within Council, the emergency services and other agencies to respond to the flooding. Immediate action has taken place across the County. An indication of the scale of our response can be gauged from the following statistics; we deployed of some 19500 sandbags, 560 cones, 1325m of barriers 185 flood boards and 155 road closure boards, over 4 days. Highways & Transportation's work is continuing as the waters subside, roads become open and the true extent of the damage can be assessed.  The Highway repair costs associated with the last flood event, which took place only a matter of weeks ago, has been assessed at £200,000, the repair costs associated with this event are anticipated to be a multiple of this figure. The clearance of drainage will form part of these repairs. However the Council is not responsible for the public sewerage, the surcharge of which will have caused flooding at a number of the sites indicated by Cllr Chappell, and where appropriate we will request Welsh Water to respond.  Please be assured that we are doing all that is humanly possible not only in immediate response to the storms,  but in order to promote recovery from this flooding, that has impacted on the entire County.

 

Councillor Chappell thanked Herefordshire Jarvis Services, the Highways and Transportation Department and BBC Hereford and Worcester local radio for the help they had provided to residents.  He asked that the culverts near to the railway bridge and on Holme Lacy Road be cleared out when the water had lowered.

 

The Chairman reiterate the thanks to BBC Hereford and Worcester for the important information they had provided on the flooding and which roads were accessible. 

 

“Does the Leader agree with me that Hereford needs an outer relief road and further public transport packages?”

 

Answers from Councillor RJ Phillips Leader of the Council

 

The Council’s Local Transport Plan identifies the development of an Outer Distributor Road, including a river crossing, as a key component of our long-term transport strategy for the County and recognises it’s importance in ensuring that the City is able to fully meet it’s role as a sub-regional centre.  As set out in the LTP, the Outer Distributor Road should be accompanied by investment in improvements for public transport, such as Park and Ride.  This should also be complemented by improvements to encourage cycling and walking.  Together this forms the Council’s long term integrated transport strategy to tackle the City’s transport problems.

 

“Does he believe that the majority of people in the county want an orbital road around Hereford and does he accept that any future outer relief road is likely to link with the Rotherwas access road?”

 

The need for an Outer Distributor Road, including a river crossing, has been highlighted in the Council’s Local Transport Plan.  The scheme has also been highlighted at regional level as part of the forthcoming review of the West Midlands priorities for future major transport investment.

 

Questions from Councillor GFM Dawe

 

“What archaeological evaluations were carried out before the current investigation?  What are the dates of the briefs (in full) and the dates of the resulting evaluations received?”

 

Answers from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

 

Pre construction reports -

Brief for Archaeological Evaluation of Route (to update EIA report) (prepared by HC) - 10/01/2002. 

Proposals for Archaeological Assessment in response to that brief (Worcestershire County Archaeological Service)             2/5/2002. 

Report on Archaeological Evaluation of the Route of The Rotherwas Access Road, Herefordshire (Worcestershire        County Archaeological Service) - 21/6/2002

 

“Has a geophysical (non-invasive) survey been carried out to delimit the extent of the monument?”

 

Works prior to and during construction phase -

Brief for a Programme of Archaeological Work (HC Archaeology Service) 21/5/2004.

Report on the watching brief of Geotech Test Pits (Worcestershire County Archaeological Service) Dec 2004.

Report arising from this work has yet to be prepared as the watching brief is still continuing and results of issues such as carbon dating, artifact analysis etc are awaited.

 

“What techniques and specifications will be used to protect the archaeology in the event of road construction?: I require as much detail as possible on this, even if it is still ‘in negotiation’.”

 

Details will be provided in forthcoming Cabinet Report.

 

“Who is involved in designing the specification (the exact people, and organisations) and where has in situ conservation under a road demonstrably worked elsewhere for the preservation of a ‘fragile’ monument?”

 

Details will be provided in forthcoming Cabinet Report.

 

“What investigations exactly have English Heritage carried out since they announced that they would be thoroughly looking at the site three weeks ago?”

This is properly a question to be put to English Heritage.

 

“In the Hereford Times of 12.7.07 Charlotte Tamvakis of English Heritage was quoted as saying “we will ensure the local authority covers the remains [e.g. the Rotherwas Ribbon] to protect them from bad weather. If we have more rain it could be damaged”, and also, that ‘English Heritage … is recommending a temporary cover is used to protect it’. According to ADAS, a rainfall of 102 mm (4 inches) was recorded between 10 am last Thursday and 9 am Monday (more than double the July average). Allowing for ‘natural silting’ (Simon Sworn’s explanation for the lack of a temporary cover, in today’s Hereford Times) is inadequate as a way of ‘protecting’ the monument. It was covered in rivulets and streams over the weekend. Why was English Heritage’s recommendation not carried through as instructed? And why has the simple expedient of diverting some of the worst streams, using shovels, and without damaging the monument itself, not been carried out?”

 

It was not possible to cover temporarily or to dig a trench without risking damage. This is on the clear advice of our archaeologists. We left the site uncovered to allow people to see it during the last week.

 

“When is a temporary cover to be installed on the monument and water diversion to be carried out?”

 

As soon as site conditions allow.

 

“Can the Council release details of any analysis that has been undertaken of the relative economic benefits to the County as a result of the Rotherwas Access Road compared to the economic tourism potential of the Rotherwas Ribbon?”

 

Very detailed analysis of the economic benefits of the Rotherwas Access Road have been prepared and are available for public consideration.  In summary the road will protect the 2500 jobs currently located on the industrial estate and open up land to create at least a further 850 jobs.  Whilst no detailed analysis has been undertaken of the relative economic benefits to the County of the Rotherwas Ribbon, the site has been visited by representatives of the County’s tourism sector and it is not considered to provide the opportunity to develop a significant tourism attraction.  Whilst there may be some opportunity to explore a small viewing point the main opportunity would appear to be to provide some interpretive material at Hereford Museum.  The Council estimates that only a small number of jobs would be supported in the tourism sector as a result.

 

“What alternative options have been investigated todate other thant the proposal to cover the Ribbon with the road? Please make the full assessments available.”

 

Details will be provided in forthcoming Cabinet Report.

 

“Apart from English Heritage, what other archaeological bodies and Bronze Age experts been consulted?”

 

1. Team Leader (Herefordshire Shropshire and Warwickshire)

2. Inspector of Ancient Monuments (Herefordshire)

3. Regional Science Adviser

4. Geomorphology Specialist Adviser

5. Heritage Protection Officer

 

Others: representatives of editorial team for:

British Archaeology (Council for British Archaeology)

Current Archaeology

Invitations were issued to around 20 senior prehistorians, mostly University based.  Only three were able to attend in the time available, but enquiries and expressions of interest have been received from several others.

 

“Can their opinions be made public?”

 

Yes, with their consent.

 

“Is the Council prepared to halt the road construction completely for a 6 month period in order to all a full independent study of alternatives options to be undertaken?”

 

This is a decision for Cabinet and will be considered in the forthcoming report.

 

“Is the Council prepared to listen to and consult the people of Herefordshire ( 93.6% on the Hereford Times web poll) who have clearly stated their view that the road should be stopped?”

 

The Council always listens too and considers carefully the people of Herefordshire’s views.

 

“Would the Council confirm how many potential sites (e.g. either in terms of hectares, or business units) there are available in the County for industrial development.”

 

Latest estimates of available employment land in Herefordshire is 185.65 hectares of land available for employment use on 128 sites in a variety of ownerships.  This land is either allocated for employment use within the adopted local plans (146.94ha), benefits from unimplemented planning permissions (27.61ha) or is currently under construction (11.10ha).  Source for this information is the Annual Monitoring Report 2005-2006 of the Herefordshire Local Development Framework published in December 2006.

It should be noted that whilst 186.65ha is the estimate of land available many of these sites have development constraints e.g. inadequate access, unwillingness of landowner to develop, flooding, ground contamination etc.

 

“How many 4,000 year old archaeological finds of unique international significance there are?”

 

It is impossible to tell without excavating the entire county.

 

Questions from Councillor MD Lloyd-Hayes

 

Was a geophysical survey conducted on the route to the proposed Rotherwas Road and its surrounding area, prior to the letting of the construction contract?”

 

Answers from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

 

Yes, in accordance with best practice, geophysical surveys were carried out on a sample basis along the course of the proposed road route.  Among the constraints upon this limited survey work were overall cost, and the availability of access.  Details can be provided as to both the brief and the design for the archaeological field evaluation project.

 

“What was the exact date that Herefordshire Council became aware of the Rotherwas Ribbon/Serpent discovery?”

 

24 April 2007.

 

Questions from Councillor GA Powell

 

“I have been asked by members of the public for a paper petition for an open debate on the Rotherwas Ribbon.  Such petition to be made available at the Shire Hall or Town Hall.  Would the Cabinet Member therefore consider agreeing to this request?”

 

Answer from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

 

Anyone could start a petition and I would not presume to give the Councillor permission, as such.

 

Questions form Councillor DC Taylor

 

“I understand that Waste Watchers have requested that the Courts consider a judicial review of the planning permission that this Council granted to Estech in November 2006.  Could the Cabinet Member advise as to whether the Courts have agreed to the request from Waste Watchers and has a date been agreed for a hearing and if a date has been agreed could I be advised of that date?”

 

Answer from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

 

I can confirm that Hereford Waste Watchers have applied for a judicial review of the decision to grant planning permission to Estech.  The review was refused when it was considered on paper submissions only.  However, Hereford Waste Watchers applied to renew the application and this will take place in front of a single judge sitting in the High Court.  Legal Services have not yet been notified of a date for this hearing.

 

“Several members of the electorate in the Stoney Street ward have asked what the ultimate number of car parking spaces will be in the Edgar Street Grid once it has been completed.  Please could I be advised of this figure?”

 

Answer from Councillor A Blackshaw, Cabinet Member (Economic Development and Community Services)

 

Currently 1600 spaces are available.  It is anticipated that once the ESG is complete 2400 spaces will be available.

 

“In November 2006 the Cabinet Member (Highways and Transportation) was asked at the Council meeting if passing bays would be put in place on the Madley to Bridge Sollars road to ease traffic congestion.  In response to the question the Cabinet Member stated that passing bays would be put in place by the end of March 2007.  Could the Cabinet Member advise as to why the passing bays have not been provided and when will this work will be carried out, as it would facilitate the movement of traffic?”

 

Answer from Councillor DB Wilcox, Cabinet Member (Highways and Transportation)

Councillor Taylor appears to have summarised the answer I gave in November 2006 a little too much.  The final paragraph of my answer on that occasion actually stated “Subject to all the necessary permissions being granted and agreement being reached with the landowner, it was hoped to be able to commence the woks during the current financial year with a start date anticipated in March 2007”.

The scheme to provide passing bays on the Bridge Sollars Road was delayed following problems with land negotiations which have now been resolved and the scheme has been added to this year’s programme and is due to be completed this Autumn.

 

Councillor Taylor asked that the Cabinet Member keep an eye on the matter and keep Members informed of any possible changes.

 

Questions from Councillor MAF Hubbard

 

When was the first report from Prudential regarding the re-development of the Maylords Orchards shopping centre received by the Council and when were Members subsequently contacted to discuss the offer and whom did this involve?”

 

Answer from Council H Bramer, Cabinet Member (Resources)

 

Prudential Property Investment Managers Ltd made a formal approach to the Council to acquire the freehold interest from the Council, or to restructure the lease, in June 2005. The matter was discussed with the Cabinet Member in July.

 

Why, when the Cabinet received the report by Driver Jonas on Prudential's offer in May 2006, did officers not consider it was a priority issue for the Council, especially in the light of the planning application for change of use at the old B&Q site by two tenants of Maylords?”

 

The approach from Prudential was a normal Landlord and Tenant matter. There was and is no legal requirement for the Council to even consider an approach of this nature.

 

What negotiations have gone on between officers and the Prudential since Cabinet gave permission in December 2006 to enter into full dialogue with them?”

 

Both the Council and Prudential had and were going through staff changes. Nevertheless informal contact and discussions were ongoing.  While approval to negotiate had been approved, there was a large difference between the Prudential’s view of the value of the restructured lease and that of the Council and its external advisers.  However, at the last meeting between the Council and Prudential, it was agreed that Prudential would provide the Council with further scheme proposals.  These proposals are still awaited.

 

“What income has the Council received over the last three years from the leasing of Maylords, especially in the last twelve months when both the old New Look and Silver Screen premises have failed to attract new tenants?  Please break this information down into annual income for each year.”

 

The income received by the Council from the Maylords lease was:

o       2004/05 - £451,886

o       2005/06 - £397,769

o       2006/07 - £432,668

 

Question from Councillors SJ Robertson and RI Matthews

 

“We are very concerned about the poor state of footpaths and lack of drains maintenance, particularly in the rural areas.  This is a cross party concern and we would, therefore, ask what plans the Cabinet Member has to address these issues, especially as there was a £274,000 underspend in the Environment Directorate for 2006/2007?”

 

Answer from Councillor DB Wilcox, Cabinet Member (Highways and Transportation)

 

The importance of highway maintenance is recognised and the Council invests annually around £9 million of capital and revenue funding on maintaining the highway network of the County.  Whilst there was a small under-spend across the Environment Directorate as a whole during 2006/7, the Highways and Transportation revenue budgets were overspent by £751,000, as reported to Environment Scrutiny Committee on 19th June 2007.

Whilst Highway Maintenance is important, pressure on the Directorate’s revenue budgets for 2007/8 have resulted in a reduction in the Highway Maintenance budget for the current year of £909,000.  The reduction in the highway maintenance budget is partly mitigated by an increase in capital funding that the Council receives through the Local Transport Plan.  However, the Highways and Transportation Service will, necessarily, have to prioritise the work to be carried out within the available budget, particularly bearing in mind the impact on road conditions resulting from the recent severe weather conditions.

 


Questions from Councillor WLS Bowen

 

“What percentage of letters from the public are answered on time?”

 

Answers from Councillor JP French, Cabinet Member (Corporate and Customer Services and Human Resources)

 

The Council has set corporate standards for responses to correspondence.

These are 95% of all letters to be responded to within 10 working days,

100% within 15 working days.

As part of the implementation of the Customer Services Strategy, a framework for monitoring compliance to the standard across the Council is being developed to be implemented from 1 October 2007.

This will run in parallel with the introduction of the new complaints monitoring system via the customer relationship management software.

The target for acknowledgement of complaints is two working days with a full response within eight working days. 

Satisfaction rates with handling of complaints for Herefordshire Council stood at 36%, higher than any in our benchmarking group.

Additionally 200 staff, mainly those in direct contact with the public have participated in specialised customer services training over the last year which sets out a series of qualitative measures for staff in dealing with the public

 

“How many letters to the planning services, in particular, are answered on time?”

 

The majority of letters to the Planning Service are letters of representation to planning applications. All such letters are acknowledged within 3 days. Other letters consist of enquiries about proposed development and general correspondence. These are responded to in accordance with the Council's published standards. Detailed records are not kept of the performance of the Service in this area.

 

“How soon can the Council institute “Passiv Haus” standards of building throughout the county?”

 

Answers from Councillor JG Jarvis, Cabinet Member (Environment and Strategic Housing)

 

The Government is currently consulting on Building Regulations - Energy Efficiency requirements for new buildings: A forward look at what standards may be in 2010 and 2013

This consultation outlines the issues that will need to be addressed in the forthcoming review of the Building Regulations energy efficiency requirements (Part L) for new dwellings that will support the aims expressed in the Housing Green Paper - Homes for the Future: More Affordable, More Sustainable.

It gives an indication of the issues that will need to be considered in developing proposals for the significantly higher standards that will be necessary, and illustrations of the sorts of building specifications that might be adopted in order to meet them.

The paper highlights the importance of the next review of the Building Regulations, planned for 2010. Passiv Haus and other building standards are actively being pursued.

 

“Do you agree that this would be a major step forward in energy conservation and improved building methods and give us a much reduced carbon footprint?”

 

It is inevitable that improved standards of building efficiency will assist in reducing carbon footprint of new development. Equivalent effort should also be given to improving the thermal efficiency of existing buildings

 

“Is the Herefordshire Connects programme on time and within budget?  If not, please will you inform us as to the current and predicted positions?”

 

The Procurement phase of Herefordshire Connects was completed within the time-table the Council set.  That phase identified the preferred supplier.  The timetable for negotiation with the preferred supplier was less firm than the earlier phases but has broadly met the objectives in ensuring that the active part of the programme could begin before the “August holiday break”.

 

For commercial reasons the Council has to date only entered into an interim agreement with the intention of the Master Agreement being completed in September.  The costs of the programme are less than the original estimates and negotiations continue to secure further reductions.  The benefits of the programme have been subject to rigorous appraisal both internally and externally to ensure the financial stability of the programme.

 

The overall picture remains one of substantial return on investment but there are, as would be expected, differences in the profile of that return which do affect the assumptions made in the Medium Term Financial Strategy.  Following recent consideration by the relevant Cabinet Members it is clear that these are capable of being contained within the Medium Term Financial Strategy.  A full report will be made to Cabinet as soon as the Master Agreement is completed.

 

Questions from Councillor AM Toon

 

“It was reported this week in the Hereford Journal about discussions being held with the Church of England as potential sponsors of Wyebridge Sports College to become an Academy.  This would take the school out of the Local Authority Control.  Academies can be sponsored in many ways and the Manchester model of being jointly sponsored by local businesses has been part of a regeneration strategy.  I have been disappointed with the past record of the Education Dept engaging with the community and Councillors in keeping them informed on this type of project.  I would therefore ask the Cabinet member for Children’s Services:

 

a)   At what stage are the current discussions?

b)   Who else has the department spoken to explore options?

c)   Will this be a true Academy or a Voluntary Aided school under another guise?

d)   Will it remain with its same catchment?

e)   Will it have faith places and as such be eligible for more free and subsidised transport places at the local taxpayers expense and parents subjected to being scored on their Christianity on how many times a year the parents do bell ringing, give readings or help out at the church fete as is the current arrangement?

 

The article quoted a response from the Church of England stating that it was a ‘red herring’ to suggest the school would break the law.  In July 2006 I had to take matters into my own hands and referred 15 Voluntary Aided schools to DFES the majority of them Church of England and including both of the county’s Faith secondary schools for failure to comply with Government admissions Code of practice, even after these schools were given an additional 12 months to comply by the council.  One school I understand has still has not complied.  The previous cabinet member declined to refer the matter to the adjudicator even after the Local Admissions Forum had passed a recommendation to do so.

 

i)                    What confidence can the cabinet member give this assembly that it will not shirk its obligations to the public and will not again support the churches ambitions, against the parents and childrens rights when the matter of compliance with the law, good practice and inclusiveness are at stake?

ii)   If this council has been unable or unwilling to control the current behaviour of some of the voluntary aided schools what mechanisms will it put in place to ensure that an independent school will comply?

iii)                                  Will the cabinet member be prepared to hold a seminar on the matter for all members, for the matter to come to Children’s Services scrutiny committee and hold open public meetings for parents to engage in deciding the future of their children?”

 

Answer from Councillor JA Hyde, Cabinet Member (Children’s Services)

 

In response to the questions on the proposal to create an academy at Wyebridge Sports College, I answer as follows:

1.      Following the expression of interest jointly submitted by the Chair of Governors of Wyebridge Sports College, the Director of Education at Hereford Diocese, and the Director of Children’s Services, in January 2007 the DfES approved that the proposal enters a feasibility stage.  In this the sponsors have a leading role setting out their vision for the new school.  This is being prepared at the moment, and the sponsors have planned to consult the school and local community on this in September.  Following this a business case would need to be submitted to the DCSF.  The LA is contributing to the construction aspects of the business case.  We have been told that a capital sum of £20M will be available for the building and £1.9 for IT equipment.

2.      The Director of Children’s Services in December 2006 took the view that the rebuilding of Wyebridge is essential to the education of children in the area.  The academy solution was the only solution available for such expenditure and an academy supported by a local sponsor with whom we have had and still enjoy close working relationships was less threatening than working with unknown third parties.

3.      The DCSF, if they approve the proposals, will establish the new school as an academy.

4.      All parties signed the expression of interest document on the basis that the school would serve the area currently served by Wyebridge Sports College.

5.      All parties signed the expression of interest on the basis that there would be no change to the current admission arrangements and oversubscription policy no faith places would be offered.

On the question of legal compliance I can report that in the opinion of the officers all 24 aided schools in the County comply to the Admission Code of Practice.  The academy will be subject to the same scrutiny and obligations on all other maintained schools, and be party to the Local Admissions Forum. If members felt that they would benefit from learning more about admissions this can be arranged.  The agenda for Scrutiny Committee is out of my control, although I am happy to pass Cllr Toon’s request to Cllr Robertson if she feels that this is required.  I would be guided by the Local Admissions Forum on whether additional public meetings would be beneficial.