To receive the reports and to consider any recommendations to Council arising from the meetings held on

(a)       9th and 23rd September and 14th and 21st October, 2004; and

(b)       4th November, 2004.  (Report to follow)

The Leader of the Council, Councillor R.J. Phillips, presented the report of the meetings of Cabinet held on 9th and 23rd September and 14th and 21st October, 2004.  He reminded Council that the report of the proceedings of the meeting held on 4th November, 2004 was exempt and would be considered as the final item at today's meeting

In relation to item 1.2 - Review of the Constitution -

Clarification of Head of Planning Services' powers of referral - The Leader moved a small amendment to the text at paragraph 5 on page 51 of the agenda to require the Head of Planning Services to consult the County Secretary and Solicitor before referring matters which he considered should be dealt with at a strategic county-wide level.  He confirmed that the County Secretary and Solicitor would now be consulted on all matters referred to the main Planning Committee.  It was also confirmed that the Head of Planning Services would not refer applications which have been considered by the relevant Area Planning Sub-Committee where that Area Planning Sub-Committee is minded to make a decision which is contrary to officer recommendation and which is likely to be the subject of a call-in for the Secretary of State.  It was noted that it was necessary in the procedure note to retain the paragraph: "[Subject to no further objections raising additional material planning considerations being received by the [insert date - end of the consultation period]]" because, occasionally, the report was considered prior to the end of the consultation period.

Members Planning Applications - The Leader confirmed that, following confirmation from the Standards Board for England, it was no longer necessary to move amendment number 3 to the Constitution set out at page 29 of the agenda which deals with Members' rights to appoint an agent to speak on their behalf at Planning Committees.

Children's Bill and Review of Cabinet and Scrutiny Portfolios generally - Councillor Phillips formally moved the appointment of Councillor D.W. Rule as lead Cabinet Member for Children's Services.

In relation to item 1.3 - Herefordshire Unitary Development Plan (UDP) Presentation to the Revised Deposit Draft - Councillor P.J. Edwards, Cabinet Member (Environment) confirmed that notice would be sent to all local Members of any proposed changes to the Revised Deposit Draft that affected their ward.  It was also confirmed that objectors would only be able to comment further on the three cases detailed in the report and not to the UDP generally.  It was noted that the Public Inquiry would begin in February 2005.

In relation to item 4.1(ii) - Recovery of Town and Parish Council Election Costs - It was noted that some polling stations had been recently inspected and would not need to be inspected again.

In relation to item 4.1(iii) - The Children's Bill - it was noted that Mrs. S. Fiennes had been appointed as interim Director responsible for Children's Services.

In relation to Item 4.2(vii) Budget 2005/06 and beyond - In response to a query the Leader confirmed that the Council, together with other local authorities, was continuing to lobby government over the use of out of date census information but so far the government had failed to respond positively. 

Addressing another query he acknowledged that the cost of the budget consultation exercise was a concern but advised that Herefordshire's costs compared favourably with the national average. 

Councillor T.M. James, suggested that people would have preferred the Council to put together a small number of packages on which to consult rather than asking for opinions on each individual service.  The Leader stated that all local authorities were undertaking a programme of consultation on their budgets.  He acknowledged that it was a difficult exercise to get right, but said that the exercise undertaken in Herefordshire was admired by other local authorities.  He said that it was necessary to employ outside canvassers rather than Council staff, to ensure independent feedback. 

In response to a query the Leader confirmed that the figures at the second bulleted paragraph and the final bulleted paragraph should read £2,500,000 (two and a half million) and £1,200,000 (one point two million) respectively. 

In relation to item 9.1(i) The Herefordshire Code of Practice for the Temporary Agricultural Use of Polytunnels - The Leader confirmed that the code now applied to the whole of the County and not just to Areas of Outstanding Natural Beauty.  In answer to a query about enforcement he stated that there was still the option to require planning permission in certain cases and that in some areas it might be possible for polytunnels to be erected for more than two years.

In relation to item 13.1(i) - Home Point Herefordshire Allocations Policy - In response to a query it was confirmed that people with mental health problems would be entitled to a higher rating under the new policy.

RESOLVED:  That the reports from the meetings of Cabinet held on 9th and 23rd September and 14th and 21st October, 2004 be received and the recommendations set out below be adopted:

That    (a)            the revised budget set out at Appendix 1 be approved;

            (b)       Councillor D.W. Rule, be appointed as lead Cabinet Member responsible for Children's Services;

            (c)       the detailed recommendations on changes to the Constitution set out at Appendix 2 be approved; and

            (d)       the changes to the Revised Deposit Draft as recommended by the UDP Working Group be approved and the Cabinet Member (Environment) be authorised to agree any potential changes to the UDP arising at Inquiry, prior to and subject to their approval by Council if recommended by the Inspector as modifications to the Plan.