Disposal of Bicycle assets

• The Council currently owns 30 Gazelle, Raleigh and Bloom bicycles.
• These bikes were used for bike loans as part of the DfT Access Fund bid and after having delivered the required outputs are surplus to council requirements but could still benefit the community by being distributed as per this paper.
• Bikeright now deliver the Council’s cycling activities and plan to restart the bike loan scheme. Bikeright recommend that the fleet of Adventura Prima bikes are the most appropriate for the loan scheme.
• Many of the existing fleet of Gazelle, Raleigh and Bloom bikes have not being used for over 2 year and being left in storage long term has meant some are now rusty and in poor condition.

Due to the cost of fixing the bicycles we have in storage we therefore recommend;

• Offering c 30 bikes in Lots to all Herefordshire bike shops. This route has been agreed with the Procurement team and has worked well in the past.
• Donate any remaining bicycles to charities who refurbishes bicycles.
• The donations would be split equally between St Michaels Hospice and Envirobility who are the only two local charities who would accept the bicycles.
• Retain c 6 Adventura Prima bikes for short term bike loans (managed by Bikeright!)

Pool Bikes
• In addition we have 11 pool bikes. This decision would give the Sustainability and Climate Change Manager delegated authority to sell these bikes at a later date pending Council office plans.
• The introduction of the Beryl bike scheme in Hereford has negated the need for pool bikes. We currently offer staff wishing to attend meetings by bike a Beryl bundle of free minutes.

Panniers, D-locks and Thule trailers

• We have two used Thule trailers and c 30 panniers and c25 D Locks. We propose selling these in lots to the bike shops.

Donating the three Fietshangars in the Plough Lane car park to businesses or organisations requiring additional cycle storage

• Following the sales of the bikes we will have three redundant Council owned Fietshangars in the Plough Lane car park.
• We propose donating these to businesses or organisations that need additional cycle storage.

The HEZ is implementing an electricity network in the northern part of the Zone in a series of locations. One such is Plot N4a where a new substation and necessary cables have been installed .

Approval for works which included the new substation on Plot N4a was given by the Solicitor to the Council and Acting Deputy Chief Executive on 21 March 2021.

In order to progress the powering up of the new electrical apparatus we need to provide the necessary legal security to Western Power ( WPD ) . WPD policy is to acquire the freehold for the base of their substations for a nominal sum with rights of access to allow them to maintain and repair those assets. Now that the installation work has been completed, the land transfer and relevant easements need to be progressed.
The substation is based on Council land , as are the cables serving the substation , Rights will also be given along the private roads owned by the Council to link up to the public highway.

The FHRG is a forum for highways sector leaders to share knowledge and experiences and identify, develop and assess innovations with the potential to transform the sector through the application of academic research frameworks and methods.

Members comprise the leading highways authorities across the country, sharing best practice and participating in ground-breaking research. The work of the FHRG is endorsed through partnership with ADEPT, the leading professional organisation for directors of place in local authorities.

The annual membership fee provides unrestricted access to the research outputs of the FHRG and will also include an independent, annually conducted Value for Money (VfM) Assessment, as well as access to the anonymised VfM benchmark data.

The benchmarking exercise will compare our highways service against other local authorities, helping us to focus on the quick wins to bring about tangible service improvements. There are also many other FHRG resources that can help with service delivery and on deciding how to structure the model in the future.

Herefordshire Council have insourced the Traffic Management Team to enable the council to manage the network, decision link below.
Decision - Future Delivery of Public Rights of Way (PROW) & Traffic Regulation Orders (TRO) - Herefordshire Council

The Traffic Management team require consultant support to deliver the Traffic Regulation Orders, the contract enables the delivery.

To prosecute the defendant for an offence under the Road Traffic Regulation Act 1984, Section 117

To prosecute two defendants for failing to secure the attendance of one compulsory school age registered child from the dates of 7th October 2021 and 18th May 2022, contrary to Section 444(1) of the Education Act 1996 using the Single Justice Procedure.

• The Herefordshire Local Plan - Core Strategy was adopted in 2015. The National Planning Policy Framework (NPPF) requires that local authorities should review their local plan every five years to determine if an update is required. Herefordshire Council resolved in November 2020 that an update of the Local Plan would be required.
• Regulation 18 of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) requires that public consultation takes place at key stages during the preparation of a Local Plan.
• The new Local Plan will help shape growth and development across the county over the period from 2021 to 2041. The Plan will seek to ensure that we deliver the required homes, jobs, infrastructure and services to support growth in a way that is appropriate for the rural and historic character of the County.
• As part of the preparation of the new Local Plan for Herefordshire the existing place-based policies and proposals as well as the rural settlement hierarchy need to be reviewed, to determine their effectiveness, consistency with national planning policy and whether they would help to deliver key aspirations of the Herefordshire County Plan.
• The document includes suggested strategic options for Hereford, each of the Market Towns and the Rural Areas, including the identification of possible areas for significant development over the plan period.
• It is proposed to undertake the public consultation from 13 June to 29 July 2022. The Place Shaping papers will be available to download from the Herefordshire website and view via an online consultation platform. Printed copies will be made available on request. It is intended to send posters to every town and parish council to post on their noticeboards and local parish magazines. A presentation for parish councils will also take place during the consultation period. Email notifications will be sent to all consultees and individuals registered on the Local Plan consultation database.
• Information points, including Talk Community Hubs and Libraries will be used to spread information about the consultation.
• The Place Shaping consultation results will help form the preferred options for areas of housing and employment growth and development presented in the draft Plan.
• This is the third of a series of Local Plan consultations undertaken over the next few months as options for the Local Plan are developed.

Plot N24 was sold to NMITE in May 2021 in order to build their new specialist facilities to link students to businesses. As part of this sale it was agreed that the HEZ would arrange for a power supply to the site. Approval for works which included the new RMU on Plot N24 was given by the Director for Economy and Place on 1 March 2021.

As this is an RMU with a transformer for a single user then WPD do not require a land transfer but do need, as always , rights of access to allow them to maintain and repair the equipment before they energise that equipment and hence the site. Now that installation work has been completed, the relevant easements need to be progressed.
The Council will be providing rights of access to WPD on its land to the cables which run in a utility trench under the walkway at the back of the Shell Store. The Council will also be providing rights of access to WPD along the private roads it owns linking up the site to the public highway.

The Section 106 Contributions arise from the following Planning Permission:
• Planning Permission was approved for DCCW2007/2834/F. Proposed erection of up to 67 dwellings and delivery of Haywood Country Park was allowed on appeal 8th September 2008. The permission was subject to a section 106 agreement dated 7th August 2008.
• The section 106 agreement required the monies to be used towards outdoor space facilities a local area for play and open space off-site in lieu of such facilities within the Development. The Contribution was £34,500 which was index linked. £34,500 was received.
• From this contribution there has been no expenditure to date. The expiry date for the contribution, was 30th April 2022. However the following works were planned and completed and completed by the Country Park Supporters prior to 30th April 2022.
• A Deed of Modification dated 1st September 2010. Was signed by all parties in order to update the arrangements relating to the provision of affordable housing and affordable housing units as provided.

Background

• The project was proposed by the Country park Supporters outlining the Story Book Project in a letter dated 2 September 2021 (Appendix A).
• On the 23rd September 2021 The Country Park Supporters Group were provided with a link to the On Covid 19 Green Space Grant applications for potential match funding with the section 106 monies (Appendix B)
• The Planning Obligations Manager acknowledged the Story Book Project and the availability of £34,500.00 section 106 monies towards the project in a letter dated 1 December 2021 (Appendix C)

1. The tenant occupies the property under an expired lease, is entitled to a new lease under the provisions of the Landlord & Tenant Act 1954 and wishes to remain in occupation under a new lease.
2. Bereavement services have been consulted and have confirmed they have no requirement for the property and thus have no objection to the grant of a new lease
3. The terms agreed are for a 5 year lease at market rent.

1. The tenant occupies the property under an expired lease, is entitled to a new lease under the provisions of the Landlord & Tenant Act 1954 and wishes to remain in occupation under a new lease.
2. Bereavement services have been consulted and have confirmed they have no requirement for the property and thus have no objection to the grant of a new lease
3. The terms agreed are for a 5 year lease at market rent.

Following the decision by Cabinet on 23 July, 2020, the subsequent decision taken by the Council on the 4th August 2020, the works to repair all remaining sites were to be commissioned and delivered.

Consequently the Director Of Economy and Place took the decision on the 22 September 2020 that all remaining elements of the Fownhope work be delivered through the Public Realm Contract. The Whitney on Wye scheme be delivered as a Design and Build Commission. The various flood damaged sites be delivered through a framework commission.

The Fownhope works have been delivered, the framework of flood damaged sites is being delivered. The Whitney scheme went to tender However no returns have been received.

2 July 2021 the Director for Economy and Place took the decision to Whitney on Wye Scheme is delivered through the Public Realm Services Contract with the build element delivered through an open market contract which will follow once the design is complete.

A council compliant procurement exercise has been completed, this decision is to award the contract.
The tender price for the works is £187,100.94

Cabinet decision made 24th February 2022 to pass formal transfer of registered social care provider services to Hoople Care, as part of Hoople Ltd: HC Global Template (herefordshire.gov.uk), which included the Hillside Center.

This is to regularise the occupation of the Hillside Centre for Hoople Ltd.

Council will retain control of a small area for the assisted living demonstration
Centre and any other adult care ancillary uses.

Terms of the lease will be agreed on market terms.

A license will be put in place in the intervening period to allow occupation from the 1st June until the lease is completed.

A Compulsory Purchase Order (CPO) and Side Roads Order (SRO) were made on the 23 August 2013, to enable the delivery of the Link Road and following a public inquiry on 23 September 2014 both the CPO and SRO were confirmed by the Secretary of State for Communities and the Local Government and the Secretary of State for Transport respectively.

A decision was made on the 24th September and 30th September 2021 to agree professional support required in regards to negotiating and agreeing statutory compensation due under s52 Land Compensation Act 1973 up until the 31st December 2021, the links to these decisions are:

https://councillors.herefordshire.gov.uk/ieDecisionDetails.aspx?ID=8257

Decision - Payment for professional services costs in relation to the Edgar Street Grid Link Road and Urban Village / Hereford City Centre Transport Package land acquisition - Herefordshire Council

Other than Lambeth Smith Hampton the costs identified specifically relate to the one outstanding claim that relate to three property interests.

A further decision was made on 16th November 2021 to extend the standstill agreement to the 28 February 2022 in order to try and reach a settlement without the need to reference the claim to the Upper tier lands tribunal, the link to the decision is :
https://councillors.herefordshire.gov.uk/ieDecisionDetails.aspx?ID=8386

Ongoing professional support is required and this decision is to update the position and associated professional support costs to date and up to the submission of the statements of case.

To date the following payments have been made:

Professional Service Amount (£)
Lambeth Smith Hampton 138k
Forensic accountant 12k
Barber Wadlow 28k
Pinsent Masons 29k
Counsel Advice £7k
Planning advice £5.6k

Total £220k

All of the above have been procured in line with the council’s contract procedure rules. The total payments will be £264k

The council owns a property investment portfolio held to deliver optimum commercial returns through rental income that is used to support the council’s strategic objectives in line with the county plan 2020 – 2024.

The Council has appointed Bruton Knowles and JNA Property to achieve new lettings in respect of any vacant units.

The agents have openly marketed the units and following negotiations with prospective tenants make fully justified recommendations as to the terms of the agreements and the level of rent to be agreed that reflect the current market conditions.

1. The property is owned by the council as part of its property investment portfolio held to deliver optimum commercial returns through rental income which is used to support the council’s strategic objectives in line with the County Plan 2020 – 2024.
2. In 2021 the council appointed Messrs JNA Property Ltd, Chartered Surveyors (JNA) under a contract for the provision of estates professional services including the negotiation of new leases where properties were occupied under Tenancies at Will or Licences.
3. The contract was awarded in consultation with the procurement team and in line with the council’s procurement rules and accordingly JNA were instructed to negotiate the terms of a new lease with the existing occupier.
4. JNA have surveyed the properties, reviewed the level of market rents achievable in this location and made justified recommendations on the terms of the lease and the level of rent to be negotiated
5. Provisional agreement, subject to formal approval, has been reached with the current occupier for a new lease with the tenant responsible for all repairs and for a proportion of the costs of maintaining and providing services to the common parts of the industrial estate.

• The land at The Maltings is owned by the council and is designated as public open space by a restrictive covenant on the registered title

• In line with the council’s CAT policy the PC have submitted a reasoned case demonstrating their experience in maintaining other land in the vicinity, that they have the financial resource to do so and the social and community value they can deliver as a result of the transfer

• The following terms have been agreed-

• The transfer to proceed for a consideration of £1.00 on the basis that the case has been made for a successful and financially sustainable project delivering social and community value

• That the use will be restricted to public open space for the benefit of the local residents

• All management and maintenance liabilities will transfer to the PC

• That the PC will pay the Council legal and other costs in the matter

To enable the event organisers to hold their events on the Platinum Jubilee bank holiday weekend.