Agenda and minutes

RESOLVED that Councillor Raj Khiroya be elected Chair for the remainder of the 2023/24 Municipal Year.

Councillor Khiroya signed the Declaration of Acceptance of Office and was invested with the Chair’s Chains of Office.

COUNCILLOR KHIROYA IN THE CHAIR

RESOLVED that Councillor Tony Humphries be elected Vice-Chair for the remainder of the 2023/24 Municipal Year.

Councillor Humphries signed the Declaration of Acceptance of Office and was invested with the Vice-Chair’s Chains of Office.

Apologies for absence were received from Councillors Ruth Clark, David Coltman, Oliver Cooper, Stephen Cox, Steve Drury, Joan King and Ian Morris.

To confirm, as a correct record, the minutes of the Full Council meeting, held on 17 October 2023 and to be signed by the Chair.

RESOLVED that the minutes of the meeting of Full Council held on 17^th October 2023 are approved as being a correct record and are signed by the Chair.

Councillor Khiroya thanked former Councillor Phil Williams for his work as the previous Council Chair and thanked all councillors for giving him the opportunity to become Chair.

It was noted that no petitions had been received by the Council under Procedure Rule 18.

Question 1 from the Public, Pandora Vaughan-Melly

6a)       Why is Oxhey Fields (‘The Playing Fields/The Old Golf Course’) being considered as a site for cattle or other animals under the ‘ecology diversification’ heading? This idea was tabled at a 3RDC meeting covering the Greenspace Action Plan in November 2023 (Minutes not yet available).

In brief, this is land used to a great extent by dog walkers, both dog owners and those walking dogs for others (commercial walkers). To put livestock on this area, and to contain them - as was suggested at the meeting - through the use of barbed wire is unsafe for both the stock and the dogs being walked, which are almost all running freely off-lead, being the exercise that high-energy and large dogs require on a daily basis.

Because the amenity is in use by a great many dogs throughout the day, it is not safe to add livestock to the mix, and it would not be well-received by the many owners/walkers who make frequent use of the land which has been available to them for this purpose for many years. The proposed site is also next to a main road - the A4123 - and were the livestock to escape, either through panic or malicious or accidental release, then they and any other road users could suffer horrible injuries.

I have further objections to livestock on Oxhey Fields, not least the churning of a heavy clay subsoil, but hopefully it will be decided by 3RDC council that Oxhey Fields is an unsuitable site for livestock.

Written response:

There are no immediate plans to graze cattle or other livestock at this location and should this be actively considered for this location at a future date, local residents and other interested parties would be consulted.

Question 2 from the Public, Resident of Three Rivers

6b)       Why has this bridge been repaired first in 2023 and is now being completely replaced for over a 1.2 million pound?

Written response:

This matter is fully explained in the publicly available reports which can be found on the Council website at:

https://moderngov.threerivers.gov.uk/documents/s4089/CIL%20Spending%20Applications%20-%20Pedestrian%20Bridge%20Aquadrome%20Rickmansworth.pdf

and

https://moderngov.threerivers.gov.uk/documents/s4090/Enc.%201%20for%20CIL%20Spending%20Applications%20-%20Pedestrian%20Bridge%20Aquadrome%20Rickmansworth.pdf

Question 3 from the Public, Resident of Three Rivers

6c)       Is it known when Village Green Status (VGS) for Oxhey Fields will be implemented? Residents would like to know that development will never be permitted on this land, which would be protected by VGS, now and in the future.

Written response:

There is no definitive date. Hertfordshire County Council are the assessment and awarding authority in connection with Town & Village Green applications. In our most recent contact with HCC (7 November 2023), TRDC Officers were advised that the application is next in the list of pending applications and the investigating Officer should be in touch in the first half of next year.

The protections offered by the Town & Village Green status, reinforce existing restrictions and controls upon the land and those included within the local Planning Policy, such as the land forming part of the Green Belt.  ...  view the full agenda text for item 55.

The Council received and noted the three questions submitted by members of the public under Procedure Rule 15 and their written responses.

8a)      Budget monitoring report – 30 September 2023

Recommendation:

1.    That the revenue budget virements as set out in appendices 1 to 3 be approved and incorporated into the three-year medium-term financial plan.

2.    That the revenue budget supplementary estimates as set out in appendices 1 to 3 be approved and incorporated into the three-year medium-term financial plan.

3.    That the revenue variances to be managed as set out in appendices 1 to 3 be noted.

4.    That the capital variances as set out in appendices 1 to 3 be approved and incorporated into the three-year medium-term financial plan.

8b)      Climate Emergency and Sustainability Strategy and Action Plan Update, Climate Change, Leisure and Community Committee

Recommendation:

1.    Approve the revised Climate Emergency and Sustainability Strategy

2023-2027 (“the Strategy”);

2.    Recommend the Strategy to Council for adoption; and

3.    Note the updates arising from the Climate Change and Sustainability

                  Action Plan.

8c)      Adaptation and Resilience Risk Register

Recommendation:

1.    That Members approve the Adaptation and Resilience Risk Register and recommend to Council on 12th December 2023 for adoption.

2.    Note that the actions arising from the register will form part of service plans.

3.    The finance and budgetary risk register should add a direct reference to the adaptation and resilience risk register.

8d)      Equality, Diversity and Inclusion Policy 2023-26

Recommendation:

1.   That the Policy and Resources Committee recommend the policy to

      Council.

2.    That public access to the report be immediate.

3.    That public access to the decision be immediate.

8e)      Safeguarding Children and Adults Policy 2023

Recommendation:

1.    That Policy and Resources Committee adopts the new Safeguarding Children, Young People and Adults at Risk Policy 2023-2026 and recommends to Council on 12^th December 2023.

2.    That public access to the report be immediate.

3.    That public access to the decision be immediate.

8f)       Three Rivers Community Strategy 2023-28

Recommendation:

1.    That the Policy and Resources Committee recommend adoption of the Strategy to Council.

2.    Council adopts this strategy for Three Rivers District Council.

3.    That public access to the report be immediate.

4.    That public access to the decision be immediate.

Agenda for Policy and Resources Committee on Monday, 13th November, 2023, 7.30 pm - Modern Council

Council considered recommendations arising from resolutions passed by the Policy and Resources Committee at its meetings on 13^th November 2023 and 4^th December 2023.

The following recommendations were moved by Councillor Keith Martin, seconded by Councillor Sarah Nelmes and agreed by common assent:

Budget Monitoring Report

      i.        That the revenue budget virements, set out in appendices 1 to 3 be approved and incorporated into the three year medium term financial plan.

     ii.        That the revenue budget supplementary estimates as set out in appendices 1 to 3 be approved and incorporated into the three[1]year medium-term financial plan.

    iii.        That the revenue variances to be managed as set out in appendices 1 to 3 be noted.

   iv.        That the capital variances as set out in appendices 1 to 3 be approved and incorporated into the three-year medium-term financial plan.

Climate Emergency and Sustainability Strategy and Action Plan Update,

      i.        That the revised Climate Emergency and Sustainability Strategy 2023-2027 be adopted

     ii.        The updates arising from the Climate Change and Sustainability Action Plan are noted.

Adaptation and Resilience Risk Register Recommendation:

       i.        That the Adaptation and Resilience Risk Register be adopted.

      ii.        That it be noted that the actions arising from the register will form part of service plans.

     iii.        That it be noted that the finance and budgetary risk register should add a direct reference to the adaptation and resilience risk register.

Equality, Diversity and Inclusion Policy 2023-26

       i.          That the Equality, Diversity and Inclusion Policy 2023-26 is adopted.

Safeguarding Children and Adults Policy 2023

      i.        That the new Safeguarding Children, Young People and Adults at Risk Policy 2023-2026 is adopted.

Three Rivers Community Strategy 2023-28

    i.          That the Three Rivers Community Strategy 2023-28 is adopted.

Fees and Charges 2024

In respect of the recommendation arising from the Policy and Resources Committee meeting on 4^th December 2023 it was noted that this had been added to the agenda as a late item because the meeting had taken place after the agenda for council had been published and the recommendations were for implementation from the 1^st January 2024.  The recommendations were proposed by Councillor Keith Martin, seconded by Councillor Srah Nelmes, put to the vote and carried.

RESOLVED that the Fees and Charges set out in the Schedules appended to the report, and as amended by the Committee following the verbal update provided by the Director of Finance at the meeting, be approved as follows:

i.              That the Fees and Charges set out in the schedule at Appendix 1, as amended, to be effective from 1 January 2024

ii.             That the Fees and Charges set out in the schedule at Appendix 2, as amended, to be effective from 1 April 2024

iii.            That Section 106 monitoring fees are introduced from 1 January 2024 as per the schedule provided at the meeting

The vote in favour of the recommendations was as follows: For 21, Against 8, Abstain 0.

Note:  Councillor Rue Grewal left the room during the consideration  ...  view the full minutes text for item 56.

Council considered a report setting out the details of the Authority’s Council Tax base for 2024/25.

The Local Government Finance Act 1992 Section 31B(1) placed a legal requirement on the Council, in its capacity as the billing authority, to calculate a Council Base using a standard methodology for 2024/25 by 31st January 2024.  This base would then be used to calculate Council Tax levels as part of the annual budget setting process.

The recommendations were proposed by Councillor Keith Martin, seconded by Councillor Sarah Nelmes and carried by general assent.

RESOLVED that:

       i.          The calculation of the Council’s Tax Base for the year 2024/25 be approved.

      ii.          In accordance with the Local Authorities (Calculation of Tax Base)(England) Regulations 2012, the amount calculated by Three Rivers District Council as its council tax base for the year 2024/25 shall be:

That Council consider its response to the recommendations of the Independent Remuneration Panel, summarised below and set out in full in the Panel’s report:

1. That member allowances be increased by 5%
2. The relativity of the Special Responsibility Allowances to the Basic Allowance remain unchanged.
3. The Dependant Carers Allowance remains at £12.50 per hour.
4. Mileage rates remain at 52.2p per mile.
5. A benchmarking exercise on the cost of employing professional carers is completed prior to the 2024/25 decision making cycle to ensure that the Dependent Carers Allowance meet Living Wage requirements.
6. The IRP give consideration to the possibility of index linking members’ allowances in future years during their deliberations in 2024.
7. The IRP give consideration to the possibility of introducing a Co-optees allowance during their deliberations in 2024.
8. That the new rates for Members’ Allowances be implemented from 1 April 2024.

Council considered a report summarising the recommendations arising from the Independent Renumeration Panel’s (IRP) review of member expenses for 2024/25.  It was noted that a typographical error had been made in the Basic Allowance rate when collating the summary data in the original annex and the corrected data had subsequently been published in the supplementary agenda paper.

It was suggested that the Independent Renumeration Panel give consideration to ensuring that any future increases in member allowances were in-line with National Pay Policy and the National Joint Committee Local Government Settlement to ensure they were inline with staff salary uplifts.

The recommendations of the Independent Renumeration panel were proposed by Councillor Stephen Giles-Medhurst, seconded by Councillor Sarah Nelmes, and carried by general assent.

RESOLVED that:

    i.             That Member Allowances be increased by 5%

   ii.             The relativity of the Special Responsibility Allowances to the Basic Allowance remain unchanged.

  iii.             The Dependant Carers Allowance remains at £12.50 per hour.

  iv.             Mileage rates remain at 52.2p per mile.

   v.             A benchmarking exercise on the cost of employing professional carers is completed prior to the 2024/25 decision making cycle to ensure that the Dependent Carers Allowance meet Living Wage requirements.

  vi.             The IRP give consideration to the possibility of index linking members’ allowances in future years during their deliberations in 2024.

 vii.             The IRP give consideration to the possibility of introducing a Co-optees allowance during their deliberations in 2024.

viii.             That the new rates for Members’ Allowances be implemented from 1 April 2024.

Council considered a report detailing proposals to transfer the ownership of three garage sites from the Council to Three Rivers Homes Limited in order to facilitate the development of the sites to provide sixteen new affordable homes.

The recommendations were proposed by Councillor Sarah Nelmes, seconded by Councillor Stephen Giles-Medhurst, put to the vote and carried by General assent.

RESOLVED that:

       i.          The progress of the LHAF scheme in the District is noted.

      ii.          The transfer of the two garage sites at Pollards, Maple Cross and the single garage site at The Queens Drive, Mill End to Three Rivers Homes Limited is approved.

     iii.          Any minor variations or amendments to the proposed transfer as may be necessary are delegated to the Chief Executive and Director of Finance, in consultation with the Leader of the Council and the Lead Member for Resources.

    iv.          The intended use of the allocated capital programme funds to be invested into the LHAF scheme be noted.

To note that Councillor Andrea Fraser has replaced Councillor Ian Morris on the Planning Committee.

Council noted that Councillor Andrea Fraser had replaced Councillor Ian Morris on the Planning Committee.

Council noted the written reports provided by the Leader and Lead Members. 

It was reported that since the Local Plan Regulation 18 consultation had been launched there had been over 4000 views of the consultation web pages and 2078 active engagements with the site.  A total of 815 responses had been submitted through the online platform and written responses were being accepted until 22^nd December 2023.  The Lead Member thanked officers for their work on the consultation.  The outcomes of the consultation would be available in the New Year.

It was questioned whether a comprehensive District wide review of car parking schemes across the District should be carried out rather than the current seeming piecemeal approach and it was agreed that a written response would be provided.

It was confirmed that maintenance of the bike stands was the responsibility of Hertfordshire County Council. 

It was confirmed that the budget for the 2024/25 financial year would be taken to the Policy and Resources Committee on 29^th January 2024.  The possibility of providing a briefing for members beforehand would be discussed with officers.

The written responses to the questions submitted to Lead Members and the following  responses to supplementary questions were noted:

In response to a supplementary question from Councillor Reena Ranger, it was confirmed that it was not the business of Councillors to comment on Human Resources investigations.

In response to a supplementary question from Councillor Chris Lloyd, it was clarified that the Department for Levelling Up, Homes and Communities had confirmed that a Brown Field First approach to housing site allocations in the Local Plan must be taken.  If it wasn’t then there was a risk that Local Plans would be found to be unsound at Examination.

In response to a supplementary question from Councillor Paul Rainbow, it was confirmed that an update on the extension of the Metropolitan underground line into the Borough would be given at the next Public Services Committee meeting in January.  It was acknowledged that it was important that unless the Council had a planned scheme ready to go it was there was the possibility that any funding opportunities would be missed due to the tight deadlines being imposed by the Government.  It was stressed that the Council would only support an extension if it linked directly into Croxley station.

In response to a supplementary question from Councillor Sian, it was agreed that a written response would be provided setting out how much Community Infrastructure Levy funding had been received from the Killingdown Farm development..

In response to a supplementary question from Councillor Philip Hearn it was stressed that planning applications for any of the sites listed in the Regulation 18 Consultation document would be considered on their merits and site constraints would be taken into account in relation to planning policies in place at the time an application was submitted.

In response to a supplementary question from Councillor Stephen Giles-Medhurst it was confirmed that a response from Hertfordshire County Council on the  ...  view the full minutes text for item 61.

Council noted the report provided by the Chair of the Planning Committee.

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

Motion 1

Voter identification

 Council notes that:

 1. The Elections Act 2022 requires voters to present an approved

 form of Photo ID at a polling station in order to vote.2. There is

 little evidence that voter fraud is a systematic issue in UK

 elections, with only 4 convictions resulting from allegations of

 in-person voter fraud _ out of 58 million votes cast at the 2019

 General, Local, European and Mayoral Elections combined.3. In the

 2021 local elections just one caution for election fraud was issued

 by the police.

 Council agrees with the comments made by the Electoral Commission

 in September 2022 that the new rules could not _be delivered in a

 way which is fully secure, accessible and workable_, pointing out

 that 7.5% of voters do not hold an acceptable form of ID and over

 1000 voters were denied the opportunity to vote during Voter ID

 trials in the 2018 and 2019 local elections.

 Council is deeply concerned that the requirement to provide Photo

 ID presented a barrier for residents in Three Rivers to exercise

 their right to vote, and that these barriers

 disproportionally affect ethnic minority, low income, disabled,

 LGBT+, elderly and young voters.

 Council notes:

 1. The acceptable forms of ID listed by the Government are weighted

 towards more affluent and older voters who are more likely to

 possess passports, driving licences or older persons bus passes,

 whilst forms of photo ID most likely to be held by younger people

 have been excluded.

2. The Electoral Commission’s research showed

 that, of those that didn’t vote in May 2023, 1 in 25 gave Voter ID

 as a reason.

3. Whilst the number who came to a polling station in

 Three Rivers without identification is relatively low, it still

 represents a proportion of the electorate who were inconvenienced

 or disenfranchised by the Government-imposed requirements.4. The

 comments of Jacob Rees-Mogg to the National Conservatism

 Conference, admitting the attempt of the Conservative government to

 _gerrymander_ elections using voter ID. 

 Council therefore instructs the Chief Executive to write to the

 Cabinet Office to express the Council’s continued opposition to

 Voter ID and its damaging effects on democracy, and to demand that

 this section of the legislation is repealed immediately.

Councillor Chris Lloyd, seconded by Councillor Sara Bedford, to move under Notice duly given as follows:

Motion 2

Prostate Cancer UK 'Boys need bins' campaign

 Council notes Prostate Cancer UK_s campaign of _Boys need

 bins, which highlights the growing numbers of those who suffer

 with incontinence issues as a result of prostate treatment.

 Prostate Cancer UK cites that 1 in 8 men will get prostate cancer

 and that 1 in 3 men over 65 are estimated to have a urinary

 incontinence problem. Council believes that it is important to make

 life more comfortable and dignified for those who suffer such

 problems.

 Council supports the provision of sanitary bins in all toilets so

 that waste products can be disposed  ...  view the full agenda text for item 63.

Councillor Stephen Giles-Medhurst proposed that Council standing orders be suspended to enable two of the motions to be heard prior to item 13 Questions to the Leader, Lead Members and reports from Lead Members.  It was considered necessary to do this due to the length of the meeting agenda and the urgency of two of the motions.  The motion was seconded by Councillor Sarah Nelmes, put to the vote and carried.

The voting in favour of the motion to suspend standing orders was: For 19, Against 10, Abstain 1.

RESOLVED that Standing Orders be suspended to enable Motions to be considered out of order. Motions 1 and 8 were then heard prior to item 13.

Motion 1: Voter Identification

It was moved by Councillor, Sara Bedford and seconded by Councillor Stephen Giles-Medhurst that:

Council notes that:

1.    The Elections Act 2022 requires voters to present an approved form of Photo ID at a polling station in order to vote.

2.    There is little evidence that voter fraud is a systematic issue in UK elections, with only 4 convictions resulting from allegations of in-person voter fraud out of 58 million votes cast at the 2019 General, Local, European and Mayoral Elections combined.

3.    In the 2021 local elections just one caution for election fraud was issued by the police.

Council agrees with the comments made by the Electoral Commission in September 2022 that the new rules could not be delivered in a way which is fully secure, accessible and workable, pointing out that 7.5% of voters do not hold an acceptable form of ID and over 1000 voters were denied the opportunity to vote during Voter ID trials in the 2018 and 2019 local elections.

Council is deeply concerned that the requirement to provide Photo ID presented a barrier for residents in Three Rivers to exercise their right to vote, and that these barriers disproportionally affect ethnic minority, low income, disabled, LGBT+, elderly and young voters.

Council notes:

1.    The acceptable forms of ID listed by the Government are weighted towards more affluent and older voters who are more likely to possess passports, driving licences or older persons bus passes, whilst forms of photo ID most likely to be held by younger people have been excluded.

2.    The Electoral Commission’s research showed that, of those that didn’t vote in May 2023, 1 in 25 gave Voter ID as a reason.

3.    Whilst the number who came to a polling station in Three Rivers without identification is relatively low, it still represents a proportion of the electorate who were inconvenienced or disenfranchised by the Government-imposed requirements.

4.    The comments of Jacob Rees-Mogg to the National Conservatism Conference, admitting the attempt of the Conservative government to gerrymander elections using voter ID.

Council therefore instructs the Chief Executive to write to the Cabinet Office to express the Council’s continued opposition to Voter ID and its damaging effects on democracy, and to demand that this section of the legislation is repealed immediately.

Council noted that  ...  view the full minutes text for item 63.