That:

a)    Approval is given to draw down and spend the £1 million capital budget for play area investment in 2025/26 and 2026/27; and

b)    Delegated authority is given to the Corporate Director of Economy and Environment to take all operational decisions over the lifetime of the project, to deliver the investment set out in recommendation (a).

a)    approval is given to draw down the £2,055,000 additional budget allocated in the Capital Programme for flood risk mitigation across 2025/26 and 2026/27; and

b)    delegated authority is given to the Chief Operating Officer Resident Services, in consultation with the Cabinet Member for Local Engagement and Community Resilience, to take all operational decisions over the lifetime of the project, to deliver the investment set out in recommendation (a).

The purpose of this report is to set out how the £3.0 million investment in road safety schemes is proposed to be spent and to seek the necessary approvals to do so.

That:

a) approval is given to draw down the £3 million additional budget allocated in the capital investment budget for road safety schemes split between 2025/26 and 2026/27; and

b) Delegated authority is given to the Corporate Director of Economy and Environment to take all operational decisions to enable the design and delivery of appropriate schemes at A465 junction with B4348 Locks Garage, Allensmore, and B4203 junction with B4204 High House Crossroads, Upper Sapey, over the lifetime of the project, to deliver the investment set out in recommendation (a)

This report seeks approval to accept a number of confirmed and indicative funding awards, allocations and bids from National Grid, Department for Environment, Food and Rural Affairs (Defra), Welsh Government and Natural Resources Wales for the future management and duties of the Wye Valley National Landscape, formerly known as an Area of Outstanding Natural Beauty (AONB).

That:

a) The council accepts the National Grid Landscape Enhancement Initiative (LEI) project grants for 2025-2031 as detailed below, and to deliver the projects as set out in this report across Llangarron; Ross East; Ross West & Kerne Bridge Wards in the Wye Valley National Landscape:-

a. the ‘Magnificent Meadows, Tremendous Trees and Wonderful Wetlands’ award of £296,426

b. the ‘Marstow and Pencraig Landscape Connections’ award for £248,722

c. The ‘Whitchurch to Howle Hill Landscape Enhancements’ award for £246,769

b) The council accepts the anticipated funding offer(s) from DEFRA for 2025-26 and 2026-27 for a total of up to £1,663,710 as detailed below, to deliver the work programme agreed by the Joint Advisory Committee (JAC) as outlined in this report across the Herefordshire part and other counties in the Wye Valley National Landscape, ;

a. Wye Valley National Landscape Core funding of up to £303,710 (£151,855pa)

b. Access for All funding allocation of up to £240,000 (£120,000pa)

c. Additional Core Capital funding of up to £320,000 (£160,000pa).

d. Farming in Protected Landscape (FiPL) allocation of up to £800,000 (£400,000pa)

c) The council accepts the funding offer(s) from Welsh Government for the 2025-27 for a total of up to £988,000, as detailed below, to deliver the work programme agreed by the Joint Advisory Committee (JAC) as outlined in this report across the Monmouthshire part of Wye Valley National Landscape;

a. Core Revenue funding of £103,000 (£51,500pa)

b. Sustainable Development Fund (SDF) allocation of £190,000 (£95,000pa)

c. Sustainable Landscape Sustainable Places (SLSP) allocation of up to £234,000 (£117,000pa)

d. General Capital Funding of £156,000 (£78,000pa)

e. Ffermio Bro funding of up to £305,000 (£120,000 in 2025/6 & £185,000 in 2026/7).

d) The council accepts the funding offer from Natural Resources Wales for 2025-2027 for a total of £98,000 (£49,000pa) Strategic Allocated Funding (SAF) to deliver the projects as set out in this report across the Monmouthshire part of Wye Valley National Landscape.

e) The council accepts the funding bid to the Environment Agency for a total of £45,000 in 2025-2026 from the Water Environment Improvement Fund (WEIF) to complement delivery of the National Grid Landscape Enhancement Initiative (LEI) project as set out in this report.

f) The council continues to support the Wye Valley National Landscape through a Memorandum of Understanding with the other constituent local authorities, namely Forest of Dean District Council, Gloucestershire County Council and Monmouthshire County Council. OFFICIAL

g) The council delegates the review and preparation of the next Wye Valley National Landscape Management Plan to the Wye Valley National Landscape Team.

h) The council accepts any additional funding, or variations in the above funding, in seeking to further the purpose of the National Landscape designation in 2025-6 and 2026-7.

i) The Chief Operating Officer (Resident Services) is authorised to take all operational decisions necessary to implement the schemes.

a)    The response to the Environment and Sustainability Scrutiny Committee’s recommendations regarding Tree and Hedgerow Management shown as Appendix 1 as attached is approved.

That the Cabinet Member:

a)    Approves the drawdown and spend of the capital programme for the 3 years from 2025/26 to 2027/28 as set out in appendix A and B within a total budget of £6,019,602; and

b)    Approve the drawdown and spend of the capital programme and implementation of the care facility emergency programme of works as set out in Appendix C within a total budget of £604,000; and

c)    Authorises the Corporate Director – Economy & Environment to take all operational decisions to deliver the projects within the approved separate budgets of £6,623,602.

That:

a)    The Education Strategy 2024/29 is endorsed; and

b)    Delegated authority be given to the Corporate Director for Children and Young People to take all operational decisions, as set out within this report and appendix. 

To approve the 2025/26 and 2026/27 additional investment in the public realm existing assets and infrastructure following resolution of Council on 7 February 2025 to approve the 2025/26 Capital Investment Budget and Capital Strategy Update.

That:

a) approval is given to draw down the £5 million additional budget allocated in the capital investment budget for Highway Infrastructure Investment across 2025/26 and 2026/27 as set out in the report; and

b) Delegated authority is given to the Corporate Director of Economy and Environment to take all operational decisions over the lifetime of the project, to deliver the investment set out in recommendation (a)

The purpose of this report is to set out how the £5 million additional investment Resurfacing Herefordshire Highways is proposed to be spent and to seek the necessary approvals to do so.

That:

a) approval is given to draw down the £5 million additional budget allocated in the capital investment budget for Resurfacing Herefordshire Highways across 2025/26 in accordance with the Council’s Highway Asset Management Plan; and

b) delegated authority is given to the Corporate Director of Economy and Environment to take all operational decisions over the lifetime of the project, to deliver the investment set out in recommendation (a)

That:

a)    Herefordshire Council accepts the Department for Education grant for the delivery of the Holiday activities and food programme across Herefordshire to eligible children for 2025/26 and;

b)    The Head of Communities be authorised to take all operational decisions necessary to implement the programme in line with the grant conditions.

That:

a)    To explore the development of a Herefordshire Council owned housing development company, to meet some of the county’s critical housing need.

The Monitoring Officer (MO) informed the committee of an email she had received from Councillor Sinclair on 28 January 2025 highlighting his intention not to attend the hearing and his continued beliefs that the MO was working out of her jurisdiction as the events had nothing to do with Ledbury Town Council.

The MO introduced her report, the following principal points were noted.

• The Council received a complaint on the 25th of September 2024 where
  Councillor Ewan Sinclair, had failed to comply with the Code of Conduct of Ledbury Town Council.
• At initial assessment, the MO considered that formal investigation was needed to enable her to consider the complaint fully. The formal investigation was completed by the Senior Governance Lawyer.
• It was noted that the legal adviser, Mr Davies was in attendance as permitted by delegation in accordance with the Council's arrangements for dealing with code of conduct complaints, this delegation was appropriate since Councillor Sinclair had been highly critical of her judgement and decisions and wished to avoid any appearance of being conflicted.
• Councillor Sinclair's expressed views in the case had been noted
  including his expressed intention that he would not offer an apology.
• The MO was also mindful that this was the third occasion that Councillor Sinclair had been found to be in breach of the Code of Conduct since being co-opted to Ledbury Town Council in 2021.
• The MO agreed with the investigator’s findings, which included breaches of the Code of Conduct by Councillor Sinclair. She did not think the matter was suitable for resolution under her delegated authority other than referral to the Standards Panel and in reaching this decision she had consulted with two of the Council's Independent Persons, who agreed.

The Senior Governance Lawyer (SGL) introduced her findings report, the following principal points were noted.

In coming to her opinion, the SGL used the evidence that was presented in the form of; the written complaint, supporting statements / evidence, interviews, the Subject Member’s and Complainant’s responses, the jurisdictional test and if jurisdiction was permitted, she considered from her findings if there had been a breach of the Code of conduct.

• In relation to the incident on 17 September 2024, after careful consideration of the law and guidance, she found that Councillor Sinclair was not acting in his capacity as a councillor and concluded that the Council had no jurisdiction to consider this part of the complaint.
• With regards to the email from Councillor Sinclair to seventeen recipients on 19 September 2024 she found Councillor Sinclair to be in breach of the code of conduct in terms of paragraphs; 1.1 I treat other councillors and members of the public with respect; 4.1 I do not disclose information which I believe or ought responsibly to be aware of, is of a confidential nature; and 5.1 I do not bring my role or local authority into disrepute. 
• Concerning Councillor Sinclair’s email to the Police on 20 September 2024 she found Councillor Sinclair to be in breach of the code of conduct in terms of paragraphs; 6.1 and the general principles of the Code of Conduct: 6.1 I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else; General principle: I act with integrity and honesty; and General principle: I lead by example and act in a way that secures public confidence in the role of councillor. 
• The draft report had been sent to Mr Thomas and Councillor Sinclair on the 20th of November 2024 and comments were received from each as described at Appendix 18.
• The comments were reviewed as they must be in carrying out an investigation and are referred to where appropriate in the final report, which had been sent to Mr Thomas and to Councillor Sinclair on the 11th December and included the monitoring officers decision that the matter would be referred to the standards panel.
• In his absence it was explained that Councillor Sinclair vehemently refuted the Senior Governance Lawyer’s findings and believed the Monitoring Officer had no jurisdiction to consider the complaint as he maintained that it had nothing to do with Ledbury Town council and had made it clear that he would not make any apology in this case.

In response to the panel’s questions.

1. It was the SGL’s view that Councillor Sinclair had deliberately used his LTC email address in an attempt to use his positioning improperly to give the impression to the police that the matter was to do with Council business and should be viewed in such way.
2. The SGL was particularly concerned about the omissions to the Police, since the referral could have resulted in further action being taken against Mr Thomas by the Police, without their accurate understanding of what had happened.
3. The SGL confirmed that it was her opinion and view that there was no jurisdiction in investigating the events that took place on 17 September 2024, that there was no evidence that Councillor Sinclair was working in his capacity as a  Councillor, having merely met Councillor Tony Bradford and who just happened to be walking down the street together. The SGL reminded the panel that, that was her opinion, and it was for the panel’s determination. She also explained and drew the panel’s attention to the cases of Mullaney and Livingstone in which the courts had considered the meaning of acting in the capacity of a councillor.
4. It was highlighted that this case was in relation to a code of conduct complaint made against Cllr Sinclair and that Cllr Tony Bradford’s code of conduct was not in question.
5. Following Councillor Sinclair’s code of conduct breach in 2022, it was recommended that Councillor Sinclair undertake code of conduct training. It was not known if this had been completed.
6. With regard to his previous breach of the code of conduct in 2024, Councillor Sinclair had offered to apologise but this was not found satisfactory by Ledbury Town Council and the MO decided not to take it any further because it would not have been a good use of public funds.  

The complainant Mr Thomas was given the opportunity to speak.

• He found Councillor Sinclair's conduct to have been highly disrespectful and had no place in public life. He regarded his actions as being spiteful, arrogant, and pathetic. Where he should have shown empathy, instead in his email entitled “winding people up is fun” proves himself to be gleeful in his boastful account of the incident taken place on 17^th September 2024.
• It was questioned how a man of his calibre who deliberately sets out to cause distress to members of the public and enjoys doing so is seen as fit to serve as a member of Ledbury Town Council and that he should resign immediately and apologise. 

In response to the panel’s questions it was noted.

1. Mr Thomas agreed that a forced apology was worse than receiving no apology at all.

The chair asked those present whether they had any final comments. None were offered, the chair thanked those that attended, the meeting closed, and the panel convened in private to make their decision.

Application approved in accordance with the case officer’s recommendation.

Applications approved in accordance with the case officer’s recommendation.

That:

a)    The earmarked reserves and balances held by the council at 31 March 2024 are reviewed and confirmed as prudent to meet future financial commitments and risks; and

b)    The Earmarked Reserves and General Balances Policy Statement 2025/26 is approved and forecast balances to 31 March 2026 are noted

To recommend to Council the 2025/26 local Council Tax
Reduction (CTR) scheme

That:

a) The Council Tax Reduction Scheme for 2025/26, with the same parameters as the existing scheme, be recommended to Council for approval

To recommend to Council the proposed 2025/26 revenue budget, Medium Term Financial Strategy and the Treasury Management Strategy.

Recommendation(s) That Cabinet recommends to Council for approval:

a)    the council tax base of 72,816.74 Band D equivalents in 2025/26;

b)     an increase in core council tax for 2025/26 of 2.99%;

c)     an additional precept in respect of adult social care costs of 2% applied to council tax in 2025/26 resulting in a total council tax increase of 4.99%, increasing the band D charge from £1,875.76 to £1,969.36 for Herefordshire Council in 2025/26;

d)    the balanced 2025/26 revenue budget proposal totalling £231.5 million, subject to any amendments approved at the meeting, specifically the net spending limits for each directorate as at appendix C;

e)    delegates to the section 151 officer the power to make necessary changes to the budget arising from any variations in central government funding allocations via general reserves;

f)      the Medium Term Financial Strategy (MTFS) 2025/26 to 2028/29 at appendix A be approved;

g)    the Treasury Management Strategy at appendix D be approved;  

h)    the responses to scrutiny committee recommendations to follow in a supplementary paper to be approved; and

Additional recommendation (i) was also agreed at the meeting:

i)      the allocation of additional funding, above that assumed in this revenue budget and as confirmed in the Final Local Government Finance Settlement, firstly to make provision to support the development of the Local Plan and secondly, to be transferred to the Financial Resilience Reserve to mitigate the potential unfavourable outcome of the Fair Funding Review planned in 2025.

To recommend to Council for approval the revised capital investment budget and capital strategy for 2025/26 onwards

That:

Cabinet recommends the following to Council

a) To approve the revised capital programme for 2024/25 attached at appendix C;

b) Approve the capital strategy at appendix D; and

c) Approve the Flexible Use of Capital Receipts of up to £0.6million in 2024/25 and £0.6million in 2025/26, to support transformation to generate ongoing revenue savings and reduce service delivery costs in future years.