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

(a)               25th May, 15th and 29th June and 13th July, 2006; and

(b)               20th July, 2006 (supplementary report to follow).

The Leader of the Council, Councillor R.J. Phillips, presented the reports of the meetings of Cabinet held on 25th May, 15th and 29th June and 13th and 20th July, 2006.

In relation to Item 1.2 - Herefordshire Unitary Development Plan (UDP): Inspector's Report, Statement of Decisions and Reasons, and Proposed Modifications the Leader proposed an amendment to the recommendation.  He proposed that the Council rejects the Inspector's recommendations 5.14/1 and  5.3/3 reference to land at Bullinghope and amends the relevant Modifications accordingly .  This would have the effect of including the Bullinghope site and text as it was in the revised Deposit Draft.  He stated that there were no proposals to reject the Inspector's recommendations in relation to housing land at Holmer, Hereford.

In moving the recommendation, he spoke of the need for additional housing within Hereford City by the end of 2011.  He also said it would be an opportunity to raise additional funding which may be required to fund the access road at Rotherwas which was vital to the economic development of the City. 

Councillor P.J. Edwards, Cabinet Member (Environment) seconded the proposal.

Councillors A.C.R. Chappell and Mrs. W.U. Attfield, expressed shock and concern at the proposal.  While recognising the need for improved access to the Rotherwas Industrial Estate, they felt that Bullingham Lane would be unable to cope with the amount of traffic likely to be generated by 300+ new houses.  In one direction the lane passed under a narrow railway bridge which would be impossible to widen and in the other direction it joined the Ross Road which was already renowned for its traffic problems.  Although some improvements were expected once the new road layout at the Asda store was completed, additional traffic from over 300 homes would cause serious congestion south of the river.  They reminded Council of the previous opposition to additional housing from local residents at Bullinghope and warned of further objections if the proposal was carried.  They urged Council to reject the proposal, saying that investigations should be carried out into other means of funding the Rotherwas Access Road.

Councillor W.J.S. Thomas, whose ward includes the proposed route for the Rotherwas Access Road, said that the building of the road was one of the most important things that the Council had to achieve.  He said that the businesses located at the Rotherwas Industrial Estate had suffered because of the inadequate access and this was having an effect on jobs.  Unless more jobs, and better quality jobs, were provided more and more young people would be leaving the county to live and work elsewhere.  He spoke of other improvements which were needed in and around the City, for the benefit not only of businesses and residents but also for visitors - flood alleviations measures particularly at the Holme Lacy causeway, a road to join the A49 and the A465 with the new section of the Roman Road, and another bridge over the River Wye as well as the provision of a park and ride scheme for the City.  He said the proposal had his total support.

Councillor T.M. James, the Leader of the Liberal Democrat group said he would support the amendment but would abstain from voting on the Unitary Development Plan itself because he was concerned that the proposed housing densities would lead to slum developments in the market towns.

A number of other Members also spoke in support of the proposal.

The Leader sympathised with the views expressed by the Councillors Mrs Attfield and Chappell, but stated that if Hereford was to develop into a modern, progressive and economically viable City it was vital that the road infrastructure in and around the City be improved. 

In accordance with Standing Order 4.15.4 a named vote was held and is attached at Appendix 1 to these minutes.  The voting in support of the proposal was as follows:

For - 43

Against - 4

Abstained - 5.

Further discussion took place on other aspects of the Unitary Development Plan.  In answer to a number of comments and queries the Cabinet Member (Environment) stated that studies showed that there would be a continuing need for additional housing both at Bullinghope and at Holmer.  He said that City Councillors were afforded every opportunity to make their views known to the Inspector.  He thanked Councillor T.W. Hunt, Chairman of the Planning Committee for his support in the Regional Planning Partnership.  He also welcomed the support of Councillor W.J.S. Thomas and Councillor James and endorsed the latter's comments on the need to look again at proposed housing densities.

He referred to the rejection of the Inspector's recommendations in respect of the Leominster Zone of Interest and the need to improve the road infrastructure around the town. 

It was noted that measures may be needed to ensure an acceptable level of air quality on the Holme Lacy Road, Hereford.

The Leader agreed, in consultation with officers, to amend the policy on housing density to ensure a degree of flexibility in areas where high densities may be considered inappropriate, particularly in respect of minimum density requirements in town centre locations.

In relation to Item 4.1(iii) - Accommodation Strategy Update -  in response to a query, the Leader said he was unaware of any plans for the Police to acquire buildings in Catherine Street, Hereford but would investigate this further.

In relation to the previous item and Item 4.1 (vi) - Draft Medium Term Financial Strategy - The Leader confirmed that the £27 million referred to in the draft strategy included the operational costs of running the Council including the Herefordshire Connects programme which would lead to savings for reinvestments in vital services such as Adult Social Care.  He welcomed views from any Members who thought they could propose a viable alternative.

In relation to Item 4.1(v) - Proposed Police Restructure - The Leader welcomed the news that the proposed merger would not take place and said that good sense had prevailed.

In relation to Items 5.1(i) Herefordshire Council - Children's Services - Annual Performance Assessment (APA) by Ofsted and Commission for Social Care Inspection (CSCI) Self Assessment Report and Item 5.2(i) Progress on Improvement following the Joint Area Review (JAR) in Herefordshire - Councillor D.W. Rule, Cabinet Member (Children and Young People) said that he would be happy to talk to individual members if they had any concerns about the service.  He said that the changing level of assessment had a knock-on effect on the number of referrals.

In relation to Item 7.2(i) - The Lyons Inquiry - The Leader agreed with Councillor T.M. James, the Leader of the Liberal Democrats that the Council should resist any changes to the way in which National Non-Domestic Rates were allocated, especially in the light of recent changes in the way central government allocates fund to local government.

In response to a query on availability of exempt or confidential papers to Members, Council noted that certain categories of exemption required members to demonstrate a "need to know".  Other exempt or confidential papers were routinely included in agenda for cabinet/committee meetings as the need arose and were available to non Cabinet/Committee members on request.  Exempt or confidential reports to Cabinet were highlighted in the Cabinet Bulletin in bold text and any papers containing exempt or confidential information continued to be printed on pale yellow paper, for easy identification.   Any Members who felt they were inappropriately refused access to confidential or exempt papers should refer the matter to the Head of Legal and Democratic Services.

Before the vote on acceptance of the report was cast, the Chief Executive advised that the recommendations reserved to Council were highlighted in bold in the Cabinet Reports for ease of reference.  He also explained that voting in favour of the Medium Term Financial Strategy would not commit the Council to individual budget decisions..  The Strategy would be used as the framework for debate on the budget strategy.  The Annual Budget decisions continued to be reserved to full Council.

Voting was by a show of hands and there was a clear majority in favour of adopting the report and recommendations.  No-one voted against.

RESOLVED:  That the reports from the meetings of Cabinet held on 25th May, 15th and 29th June and 13th and 20th July, 2006 be received and the recommendations set out below be adopted:

That    (a)            the Youth Justice Plan be approved;

(b)   that the Statement of Decisions and Reasons and the Proposed Modifications, as amended, and including rejection of the Inspector's recommendations reference 5.3/3 and 5.14/1, be approved;

(c)               Council agrees to amend the Constitution to provide for a Cabinet to be established of between three and nine members.  Those members to be appointed by the Leader of the Council.   The membership of Cabinet and the individual portfolios then to be notified to the Head of Legal and Democratic Services for inclusion as an Appendix to the Constitution;

(d)               Council agrees to the extension to the powers of the Strategic Monitoring Committee to allow it to commission work from any of the four Scrutiny Committees;

(e)               Council agrees that the Council meeting in March be reserved to approve the budget and the setting of the council tax and associated business together with statutory plans that need to be approved by Council and that cannot be delayed and consequentially Standing Order 4.25.10 “Questions will not be accepted at the March meeting of the Council that sets the budget and council tax except in relation to those items listed on the agenda” be introduced;

(f)                 Council approves the revised Financial Standing Orders, copies of which have been made available to the Constitutional Review Working Group and a further copy of which is available for inspection in the Members’ Room;

(g)               Council agrees to make the following amendments to the Constitution in respect of the role of the Audit Committee;

(i)                 the name of the Committee be amended to the Audit and Corporate Governance Committee;

(ii)               the Terms of Reference as recommended by CIPFA be approved;

(iii)             the Audit Committee approve the  Terms of Reference for Internal Audit, the Internal Audit Strategy and consider the resourcing of Internal Audit; and

(iv)             the Constitution be amended to permit the appointment of an independent Chairman of the Audit Committee, the appointment and term of office of an independent Chairman to be approved by the Council as a whole;

(h)              provision be made in the Constitution for the establishment of a Compensation (Enhanced Payments) Panel whose Terms of Reference would be to address the award of compensation to senior employees in circumstances where their contracts are terminated and that that Panel consist of the Cabinet Member (Resources); the Cabinet Member (Corporate and Customer Services and Human Resources) and the Chairman of the Audit Committee;

(i)                 Council approves the following detailed amendments to the Constitution to improve the arrangements for delegating powers in respect of Traffic Regulation Orders and Food Safety prosecutions:

(i)     Appendix 23 of the Constitution be amended to provide for the Director of Environment to make a decision to advertise any proposals for a Traffic Regulation Order (including traffic calming measures) and to proceed to make the same if no objections are forthcoming; and

(ii)   Part 12, 12.7.4 of the Constitution be amended by adding a specific reference enabling the Director of Environment to commence prosecutions under the provisions of the Food Safety Act, 1990 (As Amended) and the European Communities Act 1972 including any Regulations made pursuant to those acts or any re-enactment thereof; and

(j)                 the Head of Legal and Democratic Services be given delegated power to undertake the necessary drafting amendments to give support to the recommendations contained above.