Agenda and draft minutes

Apologies for absence were received from Councillors David Coltman, Steve Drury and Ian Morris.

To confirm as a correct record the minutes of the Annual Council meeting held on 23 May 2023

The Minutes of the Annual Council meeting held on 23 May 2023 were confirmed as a correct record subject to the following amendment.

Councillor Narinder Sian replacing Councillor Chris Mitchell as the appointed Member on the Climate Change, Leisure and Community Committee

The Minutes of the Annual Council meeting held on 23 May 2023 were signed by the Chair.

The Chair announced that they had attended various events with details provided in the Members’ Information Bulletin. 

The Chair that they were looking to organise a footgolf competition and quiz night next year in aid in their two charities which are Watford Football Club Community Trust and Sustainable Three Rivers.  A trek to Mount Olympus in Greece was also to be organised.

None received.

Question 1 from the Public, Resident in Mill End

5a)       Does the council agree that the public’s safety is paramount? Please can you explain why on average only two PCN's have been issued per month since Christmas on Money Hill parade, which is undoubtedly the busiest shopping area in Rickmansworth?

            Written response:

            The primary purpose of parking penalty charges is to encourage compliance with parking restrictions which are aimed at encouraging sensible and legal parking, reducing traffic congestion on our roads and making our roads safer for all road users. Three Rivers DC have a Parking Enforcement provider who enforce these restrictions around the District.

It is clear from deployment data for Uxbridge Road and the immediate locality that Hertsmere BC continue to visit the area frequently. However, this is just one area of the District with parking restrictions and the Civil Enforcement Officers cannot continually be present in this locality. Hertsmere BC have confirmed their visits and the impact of ‘drive offs’ and business awareness of Civil Enforcement Officer visits.

Public safety is of utmost importance to this Council, but the volume of Penalty Charge Notices (PCNs) should not be used as a sole measure of a parking enforcement response.

Question 2 from the Public, Catherine Green, Mill End

5b)       The NPPF demands that there should be “exceptional circumstances” before Green Belt boundaries can be changed and says that inappropriate development is harmful to the Green Belt and should be approved only in “very special circumstances”.

Three Rivers has decided the development on the field above William Penn playing fields is one of those very special circumstances and I'm sure you will be making sure all the boxes are ticked to have the Green Belt boundary officially re-defined. In what way is this development more 'very special' than another development? 

Written response:

Firstly, just to clarify: the exceptional circumstances in the NPPF refer to the alteration of Green Belt boundaries through the plan making process, and this is what the Council needs to consider as part of its Local Plan preparation. Very special circumstances relate to sites that come forward as planning applications that fall within the Green Belt and is part of the decision making process for planning applications. This is a separate process to the preparation of the Local Plan and as such only the exceptional circumstances for altering Green Belt boundaries is relevant in this case.

The first step is to consider whether exceptional circumstances exist for alteration of Green Belt boundaries, and this is not site specific. The Council is required to consider other needs such as the need to address the lack of affordable housing, needs for older persons and the need to deliver much needed infrastructure all of this constitutes exceptional circumstances.

The Council has agreed an approach to reduce the impact on the Green Belt that will not meet government targets 11,466 over 18 years and which have not yet been changed). It is clear that as Brownfield land will  ...  view the full agenda text for item 33.

The Chair advised they would allow the two members of the public who had submitted questions to submit a supplementary question by email.

The written questions and written answers provided were included in the summons and could be viewed using the link below:

Agenda for Full Council on Tuesday, 11th July, 2023, 7.30 pm - Modern Council (threerivers.gov.uk)

Recommendations detailed within the report:

The report is being presented to Council following a meeting of the Independent Remuneration Panel on 20 June 2023 where the Panel were asked to consider whether to amend the Councils Scheme of Members Allowances for 2023/2024 by including a Special Responsibility Allowance (SRA) for the Group Leader of the Green Group for 2023/24 since they became a Group in May 2023.

Councillor Sarah Nelmes moved, seconded by Councillor Stephen Giles-Medhurst, the recommendation from the Panel as set out in the report.

On being put to the Council the motion was declared CARRIED by the Chair of Council, the voting being by general assent.

RESOLVED:

That the Green Group Leader receive an allowance of £1,640 in line with the other Opposition Group Leader allowance.

7a) Health & Safety Policy Statement 2023

Recommendation: that the Health & Safety Policy statement be agreed.

7b) Customer Experience Strategy

Recommendation: to approve the adoption of Customer Experience Strategy 2023-2026

7c) CIL Applications:

·         Mill End Community Centre

Recommendation to approve CIL funding for the following schemes detailed in Table 1 of this report and summarised in the table below:

Table 1.

And any changes to the scheme proposals or variation of the financial requirements by up to 25% of the agreed commitment to be delegated to the Associate Director to determine in consultation with the Lead Member.

7d)       Pedestrian Bridge, Aquadrome, Rickmansworth

The recommendation is that Members approve CIL funding for the following schemes detailed in Table 1 of this report and summarised in the table below for 2023/2024:

Any request for additional monies for this specific project is delegated to the Director of Finance, in consultation with the Lead Member, to determine having regard to the economic context and timescales for implementation, and who would consider an increase of up to 15% of the total CIL monies agreed.

7e)       Substitutes on Licensing Committee

Recommendation: to rescind the decision of full Council made on 23 May 2023 which permitted substitutes to sit on Licensing Committee.

7f) Summary of the Financial Year End Position 2022/23

Recommendation:

That the favourable revenue year end variance after carry forwards of £138,356 to be noted.

That the capital year end position as summarised in paragraph 2.6 and Appendix 3 be noted.

To approve to carry forward the unspent service budgets from 2022/23 to 2023/24 which total £490,772 to enable completion of projects as detailed at Appendix 2.

To approve the rephasing of capital projects from 2022/23 to 2023/24 which total £10,885,484 as detailed at Appendix 4.

To approve the creation of a new Commercial Risk earmarked reserve to manage financial risk associated with commercial ventures.

Agenda for Policy and Resources Committee on Monday, 12th June, 2023, 7.30 pm - Modern Council (threerivers.gov.uk)

7a) Health & Safety Policy Statement 2023

Councillor Sarah Nelmes, seconded by Councillor Stephen Giles-Medhurst moved the recommendation.

On being put to Council the motion was declared CARRIED by the Chair of Council having been agreed by general assent.

RESOLVED:

That the Health & Safety Policy statement be agreed.

7b) Customer Service Strategy

Councillor Sarah Nelmes, seconded by Councillor Stephen Giles-Medhurst moved the recommendation.

Councillor Oliver Cooper, seconded by Councillor Philip Hearn proposed an amendment to the recommendation that the third bullet of page 11 of the strategy, be replaced with “Providing a telephone option for those who do not have access or are unable to use the internet” with “Providing a telephone option with an aim of answering calls within 5 rings.”

The Monitoring Officer advised that the proposed amendment could not be moved or debated as it would be contrary to Rule 11(6) due to the likely cost exceeding£10k.

On being put to Council the substantive motion was declared CARRIED by the Chair of Council the voting being 26 For, 10 Against and 0 Abstentions.

RESOLVED:

Approved the adoption of Customer Experience Strategy 2023-2026

7c) CIL Application – Mill End Community Centre

Councillors Sarah Nelmes and Roger Seabourne declared non-prejudicial interests in this item as they were a member of the Mill End Community Centre.  They would not vote would remain in the room for the debate.

Councillor Stephen Giles-Medhurst moved, seconded by Councillor Chris Lloyd, the recommendations as set out in the report.

On being put to the Council the motion was declared CARRIED by the Chair of Council, the voting being by general assent.

(Councillors Sarah Nelmes and Roger Seabourne did not vote)

RESOLVED:

Approved CIL funding for the following schemes detailed in Table 1 of this report and summarised in the table below:

Table 1.

And any changes to the scheme proposals or variation of the financial requirements by up to 25% of the agreed commitment to be delegated to the Associate Director to determine in consultation with the Lead Member.

7d) Pedestrian Bridge, Aquadrome, Rickmansworth

Councillor Stephen Giles-Medhurst moved, seconded by Councillor Chris Lloyd, the recommendations as set out in the report.

On being put to Council the motion was declared CARRIED by the Chair of Council the voting being by general assent.

RESOLVED:

The recommendation is that Members approve CIL funding for the following schemes detailed in Table 1 of this report and summarised in the table below for 2023/2024:

Any request for additional monies for this specific project is delegated to the Director of Finance, in consultation with the Lead Member, to determine having regard to the economic context and timescales for implementation, and who would consider an increase of up to 15% of  ...  view the full minutes text for item 35.

To note that Councillor Sarah Nelmes will replace Councillor David Major on the Licensing and Regulatory Services Committee.

To note the resignation of Councillor Phil Williams on the Environmental Forum.

Noted that Councillor Sarah Nelmes will replace Councillor David Major on the Licensing and Regulatory Services Committee.

Noted the resignation of Councillor Phil Williams on the Environmental Forum.

Questions to the Leader of the Council, Councillor Sarah Nelmes, from Councillor Sara Bedford

9a.       How much did the mandatory planning training held in May cost in total?

            Written response:

            £2021.92

9b.       Do you believe that the mandatory planning training was effective, useful and value for money? What alternatives were considered?

Written response:

Yes, the training was considered to be effective and useful by providing all members with either a reminder or introduction to making planning decisions and the importance of not predetermining or giving the impression of having done so. We considered asking Officers to deliver the training but due to resourcing/capacity limitations, and that external trainers are able to provide more frank advice than Officers, it was concluded that external delivery would be preferred.

9c        Do you believe that it is appropriate to hold the same very basic planning training every year, when other councils require refreshers every two or four years?

Written response:

Yes, it is important that all members are given updated advice in respect of planning, including new matters (i.e., legislation/case law) that have happened over the course of the year to ensure that when they make decisions, they understand the right way to do so. It is also a good time to reflect upon decisions of the previous year if there is anything to be learned from those. If there were any major changes to how planning applications are to be considered during the course of the municipal year, Officers would provide an update. I would also consider that training with previous experienced planning committee members mixed with first timers helps spread knowledge and experience because of the discussions that take place in the training session.

9d        What is being done to ensure that errors with the elections and the election count do not recur?

Written response:

As is usual after an election, a session has been held with Election Agents and another with the elections team to look at what went well and what did not, in order to build any changes into the next elections.  Taking on board some feedback for improvement, overall the majority of feedback has been positive. Changes to be implemented will be communicated to the wider elections staff closer to the time of the next elections.

9e        How many communications were sent to Parish Council candidates during the time between their nomination and the deadline for return of expenses? What did each concern and on what date were they sent?

Written response:

Where a parish candidate was standing for a political party information was communicated via the district election agent; district election agents submitted election documents on behalf of the parish political party candidates, however, validity notices were posted directly to all parish candidates on 17 April.  The Independent candidate was contacted directly by phone and also sent EC information relating to spending and donations on 15 May by email.

9f         Why does the Council continue with the high Perspex screens originally brought in for Covid when most  ...  view the full agenda text for item 37.

Written questions provided to the Leader and Lead Member were taken as read along with the written responses provided.  To view the written questions and written responses (item 9 on the summons -please see the link below

Agenda for Full Council on Tuesday, 11th July, 2023, 7.30 pm - Modern Council (threerivers.gov.uk)

At the meeting the Leader and Lead Members were asked some supplementary questions on the written response provided with the responses provided at the meeting and after the meeting indicated below.

Councillor Sarah Nelmes, Leader of the Council, from Councillor Sara Bedford

9a        No supplementary question.

9b.       Supplementary question:

What other providers of training were considered? How was the choice made? A number of errors were made at the session I attended with the trainers getting confused on pre-determination and also brought up the 6 tests for conditions wrongly and did not cover costs.

Supplementary response provided after the meeting:

Following one of the previously leading providers of planning training closing business following the Covid Pandemic, there are very few providers of planning training with a specific focus on public sector or councillor training. Prior to 2021, training for Members had been given by Planning Officers. However, a combination of resourcing and capacity limitations, along with the benefit of external delivery bringing with it an increased breadth of experience, resulted in training being procured externally since 2021. This was procured via the Planning Advisory Service (PAS - part of the Local Government Association - LGA) although more recently the trainers were procured directly rather than through PAS. Given the limited availability for other external providers, and that PAS are part of the LGA, Officers did not consider other providers for this training.

There has been limited feedback given regarding the planning training, and whilst it is acknowledged that some comments in the training session may not have been clearly communicated, Officers were in attendance and had no concerns that the sessions were giving inaccurate or misleading advice that would prejudice Members ability to make decisions.

In respect of the breadth of the training, this is designed to give people with no knowledge about the planning system a basic introduction to ensure they are able to make well informed decisions. It is not possible (or appropriate) to cover all circumstances or elements of the planning system in a short introductory session. Officers request from Members details of further matters they require training on during the year but also expect Members to approach them should they have specific questions and queries.

9c        Supplementary question:

What updated information was supplied to Members, what decisions were examined from the previous year and is it not a concern that the training assumed that Members of the Planning Committee who sat on the Committee in April did not know what a material consideration was?

Supplementary response provided after the meeting:

The training is primarily aimed at Members with limited experience of the planning system, but Officers consider there is value in all Members  ...  view the full minutes text for item 37.

Report from the Leader of the Council, Councillor Sarah Nelmes

As my first report since the local elections, I first want to comment on the voter suppression that was the introduction of the need for photo ID to be produced at polling stations, nationally it is reported that 14000 were turned away by polling station staff and no doubt more were turned away by ‘greeters’ who were used in some areas or just stayed at home because they knew they would not be able to vote. 70 people in Three Rivers applied for a ballot paper but were not issued with one! 38 were turned away and did return, this is an afront to democracy, and expensive cost to tax payers, a large sledge hammer to crack a virtually non-existent nut, Jacob Rees Mogg has publicly admitted it was jerrymandering! It was a failed experiment that should be scrapped before the next General Election, an event that cannot come too soon!

At the time of writing this I am preparing to go to the LGA Conference. This will be the first anniversary of the ‘Debate not Hate’ campaign, a campaign on civil behaviour in public life. Debating and disagreeing with one another is a healthy part of democracy but abuse and intimidation crosses the line into dangerous territory. Seven in ten councillors reported experiencing some level of abuse or intimidation in the LGA 2022 councillor census. Let us all vow that none of that should ever happen in this chamber, we should be setting a good example, not a poor one.

Another thing that is of great concern is some outright lies being told to residents both by one of our MP and in some literature, especially on matters concerning the Local Plan. Spin is one thing, but outright lies are a step way too far, those lies will be called out, will be evidenced, and will be corrected.

After much perseverance I have secured a meeting with the Director of Defra concerning the Government proposals for waste reforms. As in many things District and Boroughs tend to know what is best for residents and for Districts and Boroughs to share best practice with each other is way better than having Westminster dictate a one size fits all approach.

Report from the Lead Member for Public Services, Councillor Paul Rainbow

General Public Services Report

Parking Schemes

Sandy Lodge Way and Harefield Road

Currently with Consultants who are reviewing the outcomes of the recent public consultations in preparation for next stage.

Croxley CG Permit Parking Zone Review

Responses from the recent public consultation around new P&D proposals are being  reviewed by Hertsmere BC (in their capacity as Highways Engineers) in preparation for the next stage.

Primrose Hill

Closing date for Stage 3 detailed design consultation is 5 July 2023, results to be reviewed following closure.  This is being led by consultants.

Rickmansworth West

Currently with Hertsmere BC in their capacity as Highways Engineers to finalise a Statutory Notice for consultation.  ...  view the full agenda text for item 38.

Noted the written reports from the Leader and Lead Members and oral updates provided as appropriate.  Some oral questions raised on the written reports were provided with oral responses at the meeting while on other oral questions it was agreed a written response be provided after the meeting.  Details of these are provided below.

A link to the reports is provided below under item 10 of the summons

Agenda for Full Council on Tuesday, 11th July, 2023, 7.30 pm - Modern Council (threerivers.gov.uk)

Councillor Sarah Nelmes, Leader of the Council

Noted report and no questions raised.

Councillor Paul Rainbow, Lead Member for Public Services

Noted the report.

Question from Councillor Philip Hearn

In October 2022 the IHED Committee agreed to go out for consultation on the LCWIP and that any further comments, as appropriate, would be integrated into the consultation.  Chorleywood Parish Council and Chorleywood Residents Association put a lot of effort into their response, including some alternative proposals and asked why these proposals did not appear in the consultation document.

Response provided after the meeting:

Whilst comments received were considered, and the Senior Transport Planner spoke with some Ward Councillors following the IHED Committee, it was not considered the consultation draft should be significantly amended.  The concerns about specific routes, specifically in Chorleywood, were noted but these were routes derived from a detailed evidence base and it was considered appropriate that the Plan should go out to consultation with these routes detailed so wider resident/public comments on the proposals could be considered.

Question from Councillor Oliver Cooper

Why is there inconsistency between the leaflet that was distributed by the Liberal Democrats at the Chorleywood Village Day on Saturday stating that the Three Rivers and Watford LCWIP was drafted by Herts County Council consultants and owned by the County Council when the first line of the LCWIP states it was developed with TRDC and Watford Borough Council

Response provided after the meeting:

The LCWIP is a document prepared by and on behalf of 3 authorities: Hertfordshire County Council, Watford Borough Council and Three Rivers DC. The original consultants were commissioned by HCC on behalf of all 3 authorities.

Question from Councillor Debbie Morris

Can you provide a date on when the parking consultant’s report will be provided with regard to Sandy Lodge Way.

Response provided after the meeting

This report is awaited from our consultants, it is expected by the end of July.

Question from Councillor Reena Ranger

What does the Lead Member feel a reduce parking standard in our local plan for new homes will do to help this District to make it an easier place to walk and cycle when anti-social parking or existing pressures are high.

Response provided after the meeting

Any reduction in parking standards is a tool which can be used to discourage car ownership and private car usage and conversely encourage further sustainable and active travel.  However, it is often necessary to consider this as one of a number of measures to encourage more  ...  view the full minutes text for item 38.

Report from the Chair of the Planning Committee, Councillor Sara Bedford

The Planning Committee has had two meetings, both with relatively light agendas. There are however several major applications due to be presented at the Planning Committee in the next couple of months. These include:

·         2 x applications at Land to South of Foxgrove Path/Heysham Drive in South Oxhey (Ref: 23/0701/FUL & 23/0699/AOD) – likely August/September*

·         An application for the alterations to the attenuation pond, access and earthworks at Killingdown Farm in Croxley Green (RE: 23/0319/FUL) – likely August *

·         An application for the proposed Lidl store at World of Water Aquatic Centre in Hunton Bridge (Ref: 22/1764/FUL) – likely August*

·         An application at Croxley House in Croxley Green for the proposed day nursery (Ref: 23/0483/FUL) - likely September *

·         A hybrid application at Land to the east of Langleybury Lane for a Film Hub (Ref: 22/1945/FUL) – likely October*

*These are indicative dates, and the Council is often dependent on the responses of statutory consultees, including Hertfordshire County Council as the Highway Authority and Lead Local Flood Authority (LLFA).  Amendments sought by applicants, often in response to objections, can also slow the process. I understand that residents dislike the uncertainty of a delayed application, but it is invariably unavoidable.  

I am keen to ensure that the members of the committee have the skills and knowledge to make robust, defendable decisions. I made a number of comments to officers regarding the mandatory training provided in May, which I felt did not cover many areas, or did not cover important areas in sufficient depth. I have attended the training offered online by PAS (the Planning Advisory Service, part of the Local Government Association) and found it very good, although still only an introduction.  

I am talking to our senior planners and to our planning solicitor to see what other training could and should be offered.

Noted the written report from the Chair of Planning Committee.

No questions were raised on the report.

Councillor Stephen Giles-Medhurst, seconded by Councillor Sarah Nelmes, to move under notice duly given as follows:

Motion 1

Council notes that the Member of Parliament for South West Herts (covering the majority of the Three Rivers Council area) has issued a leaflet at the end of May signed by him making a false claim about this Council.

The MP stated in this leaflet:

"The Liberal Democrat Council in Three Rivers have been pressing on with plans to build over 1,000 new dwellings across two of our green belt sites, which falls within the Chilterns’ Area of Outstanding Natural Beauty (AONB)".

This is false.

In fact, the Council has not proposed or supported any development on any site within the Chilterns’ Area of Outstanding Natural Beauty (AONB).

Without exception, every application for development on any site within the AONB has been rejected by Three Rivers Council (including both the current applications in respect of the Green Street site in Chorleywood).

The Council has not consulted about Green Street, Chorleywood or any other site in the AONB as a potential development site in its emerging Local Plan.

Council therefore expects the MP to withdraw the leaflet, issue a retraction and a public apology for misleading residents if he has not already done so as asked of him on 31 May.

Council instructs the Chief Executive to write again to the MP setting out the facts, seek assurances that he will not repeat misleading facts again and request a retraction and a public apology for misleading residents within 5 working days of this motion being passed if so a retraction has not already been received.

Council notes that its officers will, as have they have done so previously, rigorously defend any refusal of planning before the governments planning inspector and will do so re the Green Street, Chorleywood proposals.

Motion 2

Councillor Stephen Giles-Medhurst, seconded by Councillor Sara Bedford, to move under Notice duly given as follows:

Green Belt and Local Plan

Council notes various pronouncements made by Michael Gove as Secretary of State for Levelling Up & Communities and other prominent Conservative MPs that the standard methodology for calculating housing numbers is not going to be compulsory and that councils need not build on the Green Belt, although such changes have not yet been applied to legalisation councils are required to follow.

Council believes that our towns and villages are important to communities and that the green space within and around them is precious.

Council therefore requests that officers continue to work on:

1. Conducting further search for brownfield land, with publicity to landowners and the public.

2. Preparing a draft Local Plan with an evidence-based approach to safeguard undeveloped Green Belt land.

3. Ensure there is an evidence-based response to support the approach outlined in 2 above in any submission we are required to make to the planning inspectorate.

Motion 3

Councillor Reena Ranger, seconded by Councillor Ciaran Reed to move under Notice duly given as follows:

This Council  ...  view the full agenda text for item 40.

Motion 1

Councillor Stephen Giles-Medhurst moved, seconded by Councillor Sarah Nelmes under notice duly given the motion as follows:

Council notes that the Member of Parliament for South West Herts (covering the majority of the Three Rivers Council area) has issued a leaflet at the end of May signed by him making a false claim about this Council.

The MP stated in this leaflet:

"The Liberal Democrat Council in Three Rivers have been pressing on with plans to build over 1,000 new dwellings across two of our green belt sites, which falls within the Chilterns’ Area of Outstanding Natural Beauty (AONB)".

This is false.

In fact, the Council has not proposed or supported any development on any site within the Chilterns’ Area of Outstanding Natural Beauty (AONB).

Without exception, every application for development on any site within the AONB has been rejected by Three Rivers Council (including both the current applications in respect of the Green Street site in Chorleywood).

The Council has not consulted about Green Street, Chorleywood or any other site in the AONB as a potential development site in its emerging Local Plan.

Council therefore expects the MP to withdraw the leaflet, issue a retraction and a public apology for misleading residents if he has not already done so as asked of him on 31 May.

Council instructs the Chief Executive to write again to the MP setting out the facts, seek assurances that he will not repeat misleading facts again and request a retraction and a public apology for misleading residents within 5 working days of this motion being passed if so a retraction has not already been received.

Council notes that its officers will, as have they have done so previously, rigorously defend any refusal of planning before the governments planning inspector and will do so re the Green Street, Chorleywood proposals.

Councillor Oliver Cooper moved, seconded by Councillor Philip Hearn the following amendments to the motion:

•       Before the first original paragraph, add four paragraphs reading:

•       “Council notes its desire for better-informed public debate on the most important issues affecting local residents.

•       “Council notes a number of misleading communications, including a recent leaflet distributed by the district councillors for Chorleywood South & Maple Cross, which claimed that the Local Cycling & Walking Infrastructure Plan (LCWIP) was developed and proposed by “consultants for Hertfordshire County Council”.

•       “This is false, as the first line of the LCWIP states, “This document is the Local Cycling and Walking Infrastructure Plan for Watford Borough Council (WBC) and Three Rivers District Council (TRDC), developed with these two local authorities and in partnership with Hertfordshire County Council (HCC) as the Highway Authority.”

•       “TRDC’s leading role in proposing the plan has also been made clear in multiple statements issued by the Lead Member through official communications and in the officers’ report to IHED in October 2022.”

•       In the first original paragraph, before “Council”, add “In addition, this”.

•       In the fifth original paragraph, after “(AONB)”, add "and the  ...  view the full minutes text for item 40.