To receive any written questions from Councillors.

Question from Councillor A Seldon to the Cabinet Member Economic Development and Community Services

 

1          At the end of 2008 a review was commissioned into the management of Bromyard Downs. Consultations took place into early 2009 and a report was initially muted for March last Year.  To date, no report has been received. The management of Bromyard Downs arouses a great of passion among the residents of the area.  When will this report be published?

 

 

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

 

Answer to Question 1

           

Cabinet expect to receive a report by early Autumn at the latest; earlier consideration has not proved possible because of proceedings elsewhere and the subsequent need to consider the outcome of those proceedings.

 

Supplementary question

Would it not have been appropriate to inform the consultees of the delay together with the reasons and provide subsequent information on the progress?

 

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

Assurance was given that there would be communication with the consultees now that the outcomes of the proceedings had been resolved. 

 

Question from Councillor A Seldon to the Cabinet Member Environment and Strategic Housing

 

2          Section 215 of the Town and Country Planning Act 1990 gives a Local Planning Authority (LPA) powers to require landowners and property owners to clean up their buildings or land when the condition of that property or land is adversely affecting the amenity of the surrounding area. I have identified at least three areas in the Bromyard Ward where, using the Best Practice Guidance document from the ODPM (January 2005) I feel the use of S215 would be appropriate. Independent advice has also taken the same view.  However, I have encountered some reluctance to use these powers.

 

A         How many S215 notices have been served by this authority in the past three years?

 

B         Have any of these have been the subject of an appeal?

 

 

Answer from Councillor JG Jarvis Cabinet Member Environment and Strategic Housing

 

Answer to Question 2          

 

A         S215 Notices served

            06/07 - 0

            07/08 - 2

            08/09 - 0

            09/10 - 1

 

B         None were subject of appeal.

 

Whilst it appears that the formal notice route is used only rarely a large number of the issues raised in this area are resolved through negotiation.  There is no reluctance to use the powers.     

 

 

Question from Councillor PJ Watts to the Cabinet Member Resources

 

Question 3

 

Given that Herefordshire Council have dropped their legal claim after some two years regarding the wall between St Katherine's car park and the Feathers hotel, the Council have now accepted liability.

 

(a)    How much has been spent on legal fees by Herefordshire council?

 

(b)    How much revenue has been lost from the car parking spaces in front of  the wall which have been closed for public use during the last two years?

 

(c)     As the wall is in a conservation area will it be refurbished/rebuilt by the Council (like for like) and what will be the cost of the project?

 

(d)    Does this not set a precedent for the remaining walls surrounding this car park?

 

 

Answer from Councillor H Bramer, Cabinet Member Resources

 

Answer to question 3

 

a)         £9,125 legal costs to date.

 

b)         It is likely that little income has been lost by these 6 spaces being unavailable out of the 130 within the site, as there are few occasions that the car park is full to capacity.

 

c)         The wall will be replaced to retain as much of the overall appearance as before, however, some re-design is needed to improve the stability. The estimated cost is £20,000.

 

d)         Each case is treated on its individual merits and therefore it does not set a precedent.

 

No supplementary question was asked

 

 

Question from Councillor ACR Chappell to the Chairman of the Regulatory Committee

 

Question 4

 

In his answer to my question at the last meeting of Council, concerning taxi drivers with spent/unspent convictions in Herefordshire, I was informed by the Chairman of the Regulatory Committee, that any taxi driver with a conviction for sexual assault, or battery/actual bodily harm/grievous bodily harm was automatically suspended the moment notification is received by the Council.

 

A         Why then in April 2010 were there three drivers with unspent convictions for battery, three with unspent convictions for GBH, three with unspent convictions for Assault Occasioning Actual Bodily Harm?

 

B         Can the Chairman explain to Council how his committee came to the conclusion that these drivers were fit to deliver a service to the public?

 

C         A former Hereford taxi driver was reported recently in the local press of being convicted on 27 counts of rape, attempted rape, indecent assault and indecency with a child.  Can the Chairman tell me if prior to his arrest, this driver had any spent or unspent convictions?

 

D         What assurances can he give me, and more importantly, the public, that the Regulatory Committee review every application for a taxi driver licence with complete thoroughness?

 

 

Answer from the Chairman of the Regulatory Committee

 

Answer to question 4

 

A         When a taxi driver application is received it is accompanied by an Enhanced CRB.  If the CRB reveals relevant spent or unspent convictions (as defined in the licensing policy) then the application goes before the Regulatory Committee.  They make the decision whether or not to grant the licence, based on national guidance & best practice for such circumstances. 

 

For drivers who are already licensed, if information becomes available regarding an investigation into certain crimes (again as defined in the licensing policy) then the driver is immediately suspended.  Any drivers who have such relevant convictions are brought before the Committee to have their applications considered in accordance with the licensing policy, based on national guidance & best practice.

 

B         The Committee works to Department of Transport and Home Office Guidance as well as current legal best practice. It is advised by its Legal Adviser in respect of these. 

 

C         No; public release of such information relating to an individual would be in breach of legislative requirements.

 

D         Every application follows a robust process that includes the enhanced CRB check.  If relevant spent or unspent convictions are highlighted then that application will go before the Committee as outlined above.

 

 

Question from Councillor ACR Chappell to the Leader of the Council

 

Question 5

 

A         With rumours circulating that as the new Conservative/Liberal Democrat ‘Coalition’ at Westminster is expecting to create over 200 Life Peers that both the Leader of the Council and the Leader of the Liberal Democrats in Herefordshire will shortly be wearing ermine, is there likely to be a similar coalition in Herefordshire?

 

B         What contingency plans does the Leader of the Council have to ensure that Council/PCT services in Herefordshire are not affected by the ‘Coalition’s’ financial cuts to local services?

 

 

Answer from Councillor RJ Phillips, Leader of the Council

 

Answer to question 5

 

A

 

I am sure that members will share in the disappointment that Cllr Chappell was not himself elevated when the Labour government created new life peerages to secure their majority in the Lords; whilst I cannot speak for Cllr James, I have received no such approach!

 

Many members will share the view that constitutional reform, as proposed by the coalition government, is to be welcomed. My new political colleagues locally have not made any advances to me.

 

 

B

 

Although the detail of the national public spending cuts is still emerging the need for them is not a surprise, and it would be a poor administration that has not foreseen this and responded accordingly. We have been planning, together with our health partners, to meet the challenges of the future financial climate for many months now. As well as reviewing priorities to ensure we target our collective resources to best effect, we have developed a range of initiatives such as the shared services programme being pursued jointly by the council, NHS Herefordshire and Hereford Hospitals Trust, ensuring that structures and services are in the best position to be able to deliver the efficiencies and savings needed to retain and improve vital front line health and council services for the people of Herefordshire

 

 

Question from Councillor B Hunt to Cabinet Member Economic Development and Community Services

 

Question 6

 

Despite Bromyard and Winslow Town Council breaking time limits on last year’s consultation period and submitting a different version this month, I ask the Cabinet Member if he will stick to normal procedures by ;

 

A      Continuing to take any reasonable time necessary to amend the Downs constitution

 

B      Wait until the Commons Act 2006 and its implementation bulletins  [which fell when the election was announced ] re-emerges and its wording can be examined and incorporated into a revised Downs constitution to avoid expensive and time wasting  'calling back in' possibly within months of a first version being introduced in haste,

 

 

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

 

Answer to question 6

 

I will of course adhere to whatever procedures are appropriate in the circumstances, and will progress any review of downs management arrangements in the appropriate timely fashion, taking into account relevant legislative requirements in place at the time.

 

Supplementary question

Would the Cabinet Member underline again that a measured appropriate timetable will be in place to consider the issues?

 

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

Yes, any review of constitutional and managerial arrangements will be undertaken in a timely manner subject to legislation.

 

 

 

Question from Councillor GFM Dawe to the Cabinet Member Environment and Strategic Housing

 

7.         Regional Spatial Strategy

 

On 5th February 2010 I asked that if the Conservatives win the next election will Herefordshire abandon its 18,000 housing target set by the Regional Assembly.  I received the answer from Cllr Jarvis, "No, the County needs to sustain commitment to growth in order to be a ‘sustainable and cohesive community’[sic]”. 

 

Since the national election I understand that the Regional Spatial Strategy is indeed ‘one step away’ from being abolished.  The new MP for our neighbouring county has said she is determined that Worcestershire will re-think and reduce its allocated RSS housing after consulting with local people. Is Herefordshire Council going to do the same, or is it going to persist with its growth agenda?

 

 

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

 

Answer to question 7

 

As Cllr Dawe will recall, at its meeting on 13^th November, Council overwhelmingly resolved that:

 

This Council affirms that the sustainable future for our City and County depends on creating more and better paid jobs, significantly increasing the number of homes, particularly affordable, improving leisure and shopping and procuring the supporting infrastructure. This must include another bridge crossing over the Wye and relief roads for Hereford and Leominster.

 

Without wishing to repeat that debate the question of the overall quantum of growth (18,000 houses over the period 2006 to 2026) has been examined in detail at the Examination in Public into the Regional Spatial Strategy last year and, even if the Regional Spatial Strategy is downgraded or dispensed with, the evidence of housing need remains, as does the need for growth to ensure the future economic viability and wellbeing of the county and its residents.

 

Herefordshire welcomes any return to local control of how such growth is delivered to ensure we meet local need; however any comparison with Worcestershire does not bear scrutiny as their circumstances are distinct from our own. 

 

 

 

Supplementary question

 

If Herefordshire Council’s policy persists by expanding housing growth against national policy in the current period – should not this, in the light of the LDF, not be delayed until after the local election so that people can have a chance to vote on this policy?

 

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

The council met and agreed the housing growth figures.  The Regional Spatial Strategy is yet to be abolished.  Herefordshire is in desperate need for housing to help create employment and provide a future for the young people within the county.

 

 

Question from Councillor GFM Dawe to the Cabinet Member Environment and Strategic Housing

 

 

8.         Rotherwas Northern Magazine

 

A.        Is it true that the ammunition factory at Rotherwas is to be demolished?

 

B         If so, who was consulted and who advised that one of Hereford’s most interesting and culturally valuable sites, with huge tourist development potential, should be pulled down?

 

 

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

 

Answer to question 8

 

No; it is the case that some small buildings, pathways and blast walls have recently been demolished at Rotherwas, but more historically significant buildings have been retained.

 

Cabinet approved the development of Rotherwas as part of the Rotherwas Futures project. Demolitions have been agreed by the County Archaeologist’s team and take account of an independent specialist report that identified significant buildings. English Heritage is currently assessing the retained buildings.

 

Supplementary question

If the national economic situation persists should we not hang onto culturally valuable sites instead of getting rid of them for no purpose?

 

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

 

The limited demolition has not been for no purpose but to provide for development business opportunities.  A meeting was held on this matter on 30 April 2010 to which the local member was invited, but did not attend.

 

Question from Councillor MAF Hubbard to the Leader of the Council

 

Question 9

 

A         With the announcement of some of the biggest cuts in national spending in recent memory, with only a promise of more to come, combined with the Conservative manifesto commitment to abolish Regional Development Agencies, there must now be some considerable doubt as to the future funding of the ESG project. What guarantees can the leader give to those businesses on the line of the link road in my Ward who, after five years, still have no news about their futures?

 

B         What steps is the Leader taking to ameliorate against the inevitable planning blight that this project is now bringing to the city?

 

Answer from Councillor RJ Phillips, Leader of the Council

 

Answer to question 9

 

A         Neither of the coalition government parties included in their manifesto a commitment to the wholesale removal of Regional Development Agencies; however the coalition’s commitment to removal of those quango’s that do not demonstrate value for money or local accountability is welcomed. We await the report of the National Audit Office, due in the coming week, on the performance and value for money supplied by individual RDA’s and in particular how that relates to AWM.

  

Those businesses directly affected by the city’s link road plans are being helped, through dedicated officer support, to relocate to other sites, including new space at Three Elms business park. Discussions with businesses in phase 1 of the link road will continue and we will focus on the best new location to support the long-term plans of all businesses situated in the link road area.

 

B         We read that Peacocks are planning to open a new store in the former Woolworths site in Hereford. The fast-growing toyshop chain The Entertainer will be moving into the Chadds department store. Carphone Warehouse has also invested in bright new premises in the city.  I was delighted to read about Ruth Pearson, who has just opened her own maternity and baby boutique in Widemarsh Street. She believes Hereford has a great future as a shopping destination once the city’s redevelopment project is complete.

 

Soon there will be announcements from national brand leaders about their plans for a presence in Hereford.

 

Certainly we have been through one of the worst recessions for several decades. This has hit high streets the breadth of Britain and many towns in our region have been hit far harder than Hereford in terms of the ratio of empty to occupied shops – and they do not have the benefit of an exciting redevelopment project in their city centres which will bring in extra visitors and shoppers.

 

There is increasing interest from retailers in opening up shop in Hereford. We need to keep sending out the right signals about our city, signals that inspire retailers to invest with us. Now is the time to talk up Hereford, not talk Hereford down.

 

Supplementary question

 

There are rumours that Phases 2 and 3 are not currently funded.  Small independent local businesses in Phase 2 or 3 could have been waiting a decade for these phases to be completed.  Can any assurances be given about the immanency of these phases?

 

Answer from Councillor RJ Phillips, Leader of the Council

 

A dedicated officer has been appointed to provide communication and liaise with businesses directly; this support will continue.  It is recognised that different size businesses have varied needs.  The Livestock Market will continue.  Communication was an important element of the process in order that the business and public were made aware of changes.

 

 

Question from Councillor WLS Bowen to the Cabinet Member Resources

 

Question 10

 

            Are you aware that some Councils now publish information on all posts that carry a salary of over £50,000 per annum? Do you agree that, in the interest of openness and clarity, that Herefordshire Council should do the same?

 

Answer from Councillor H Bramer, Cabinet Member Resources

Answer to question 10

 

            The Accounts and Audit Regulations have been amended to introduce a new legal requirement to increase transparency and accountability in Local Government for reporting remuneration of senior employees. The new provision came into force on 31 March 2010 requiring local authorities to include remuneration information of senior employees in the notes to the 2009/10 statement of accounts, which will be published on our website when finalised. We will, of course be complying with the regulations.

 

Supplementary Question

When?

 

Answer from Councillor H Bramer, Cabinet Member Resources

During the financial year.

 

 Question from Councillor WLS Bowen to the Cabinet Member Corporate and Customer Services and Human Resources

Question 11

 

            Is it correct that Herefordshire will become part of the region that receives a solely digital TV signal in April, 2011? If so, what steps are being taken to advise, warn, assist and inform the citizens of Herefordshire and organisations working in Herefordshire as to the consequences of the changeover and any steps that can be taken to cope with this major change?

 

 

Answer from Councillor JP French, Cabinet Member Corporate and Customer Services and Human Resources

Answer to question 11

            I understand that Digital UK, the body responsible for the switch over and which has responsibility, as well as funding, for the promotion of it have announced that Herefordshire will, as part of the Central TV region, switch over to digital TV in 2011, at which point the whole region will get Freeview. Digital UK will be writing to everyone in the county and the region before the signal switches to digital to keep householders posted. The Ridge Hill transmitter, which serves Herefordshire, north Gloucestershire and south Shropshire, begins switchover 6 April 2011 and completes 20 April 2011. The communications unit will, of course, be happy to assist Digital UK to promote the switchover through Herefordshire Matters, which is delivered to every household

 

 

No supplementary question asked.

 

 

 

Question from Councillor AT Oliver to the Cabinet Member Corporate and Customer Services and Human Resources

 

Question 12

 

A         What was the total cost of salaries paid by the Council in the year to 31 March 2010 and what was the total number of employees at that date (non school and schools)?  Please break down the information between each of the Council’s Directorates.

 

B         How many employees were paid:

 

            (1)       £150,000 and over per annum

            (2)       £100,000 to £150,000

            (3)       £75,000 to £100,000

            (4)       £15,000 and under

 

Question 13

 

What is the total cost in legal fees to the Council, since 1 May 2007, of defending legal cases brought against the Council, and how many cases does this cover?

 

Question 14

 

Does the Council pay a separate fee to the Chief Executive for acting as Returning Officer?  If not, could the Council confirm the remuneration arrangements for this role?

 

Answer from Councillor JP French, Cabinet Member Corporate and Customer Services and Human Resources

 

Answer to Question 12 A

Total payroll costs are detailed below. Councillor Oliver will wish to note that a number of posts are either jointly or wholly funded by partnership arrangements or through securing of external funding and therefore the actual costs to the Council will be lower than shown.

 

	Payroll costs 2009-10
DirectorateDesc	School	Non	Total
ADULT SOCIAL CARE	£0.00	£8,543,887.06	£8,543,887.06
CHIEF EXECUTIVE	£0.00	£377,627.22	£377,627.22
CHILDREN & YOUNG PEOPLE	£78,675,761.46	£15,556,870.36	£94,232,631.82
CX-DEPUTY CHIEF EXEC	£0.00	£7,220,492.44	£7,220,492.44
DCE-ASST CHIEF EXEC-HR	£0.00	£1,483,523.02	£1,483,523.02
DCE-ASST CHIEF EXEC-LEGAL	£0.00	£2,039,238.67	£2,039,238.67
ENVIRONMENT & CULTURE	£0.00	£8,635,605.54	£8,635,605.54
INTERGRATED COMMISSIONING	£0.00	£772,603.69	£772,603.69
REGENERATION	£0.00	£8,425,762.38	£8,425,762.38
RESOURCES	£0.00	£6,752,660.72	£6,752,660.72
	£78,675,761.46	£59,808,271.10	£138,484,032.56

 

 

 

	Employee (including part time) nos @ 31.3.10
DirectorateDesc	School	Non	Total
ADULT SOCIAL CARE	0	400	400
CHIEF EXECUTIVE	0	6	6
CHILDREN & YOUNG PEOPLE	3,965	745	4,710
CX-DEPUTY CHIEF EXEC	0	258	258
DCE-ASST CHIEF EXEC-HR	0	67	67
DCE-ASST CHIEF EXEC-LEGAL	0	115	115
ENVIRONMENT & CULTURE	0	330	330
INTERGRATED COMMISSIONING	0	21	21
REGENERATION	0	327	327
RESOURCES	0	267	267
	3,965	2,536	6,501

 

 

 

Answer to Question 12 B

I would again refer Councillor Oliver to my answer to question 12A and reiterate that the figures below do not reflect the true cost to the council as some posts will be jointly or wholly funded from other sources. Additionally I would draw attention to the fact that a number of those in the lower salary range will be part time employees and therefore receiving a pro rata salary, or only have been employed for part of the financial year.

 

Range
From	To			School	Non	Total
£150,000	+			0	1	1
£100,000	£150,000			0	4	4
£75,000	£100,000			5	5	10
£0	£15,000			2,975	1,230	4,205
				2,980	1,240	4,220

 

Answer to Question 13

 

The legal team’s work is captured within its time recording system and can be analysed in a number of different ways.  For management purposes, that analysis currently focuses on the workloads and productivity of individuals and ensuring that all costs are properly allocated to the relevant department for budget purposes.  The time recording information is not currently analysed by case type as requested e.g. defendant litigation.  I am exploring with the Assistant Chief Executive – Legal and Democratic, whether analysis by case type can be made available.  I am confident that I will be able to provide further information and will do so as soon as possible.

 

Answer to Question 14

 

The Council pays no additional fee to the Returning Officer in respect of the general election.  The Ministry of Justice is responsible for funding the cost of general elections.  Any supplementary questions or further details should be addressed, in writing, to the Returning Officer.

 

 

Question from Councillor AT Oliver to the Cabinet Member Economic Development and Community Services

 

Question 15

 

A         Following the public consultation over the proposed refurbishment of the Butter Market is there an agreed timetable for the refurbishment to go ahead?

 

B         Does the Council have the resources to complete this project?  And can the Cabinet Member reassure the public that the building is safe and is not in need of any urgent structural repairs?

 

 

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

 

Answer to question 15

 

A         The Architectural competition is due to be completed by August 2010. The timetable for the refurbishment will be dependent on the nature of the winning design.

 

B         The council is actively exploring funding opportunities in relation to this project. 

 

Yes the building is safe and there is nothing in our condition reports to indicate that the public safety may be compromised by the structural condition of the building.

 

Supplementary question

 

Could the Cabinet Member confirm that he was confident of getting grants for the Butter Market refurbishment?

 

Answer from Councillor AJM Blackshaw Cabinet Member Economic Development and Community Services

 

All was currently in hand.  At least four different forms of funding opportunities would be explored.