THREE RIVERS DISTRICT COUNCIL
At a meeting of the Sustainable Environment Policy and Scrutiny Committee held in the Penn Chamber, Three Rivers House, Northway, Rickmansworth on Tuesday 12October 2010 from 7.30pm to 9.18pm.
Present:-Councillors Alison Scarth (Chairman), Peter Wakeling (Vice-Chairman), Malcolm Butwick, Steve Drury,David Major,Brian Norman, Les Mead, Amrit Medirattaand Ron Spellen.
Officers:-Peter Kerr-Principal Projects Manager
Nyack Semelo-Shaw-Head of Housing Services
ClaireMay-Principal Planning Officer
Chris Fagan-Committee Manager.
Also In attendance:- Councillors Sara Bedford,Ann Shaw OBE andMartin Trevett.
SE13/10MINUTES
The Minutes of the meeting of the Sustainable Environment Policy and Scrutiny Committee held on 29June 2010 were confirmed as a correct record and were signed by the Chairman.
SE14/10NOTICE OF OTHER BUSINESS
The Chairman stated that she had accepted the following two items for consideration as urgent business for the reasons stated:
New Housing Strategy 2011 – 2016 – so that the reasons for the postponement of the Daft Strategy document could be examined; and
Housing Monitoring Statistics 2009/10 – to permit the Committee to exercise its scrutiny function.
SE15/10DECLARATIONS OF INTEREST
None.
SE16/10REVISED LOCAL DEVELOPMENT SCHEME FOR THE LOCAL DEVELOPMENT FRAMEWORK
The Committee was advisedabout proposed changes to the project timetable for the Local Development Framework (LDF). The changes were set out in a revised Local Development Scheme (LDS)attached to the report. They resulted chiefly from the Government’s decision to revoke the Regional Spatial Strategy and allow Councils to revise Housing and Gypsy and Traveller targets. Further public consultation on these aspectswould have to take place and as a result a five-month delaywas expected in the production of the LDF documents.
In answer to Members’ questions the Principal Planning Officer confirmed that the additional cost estimates were based on the actual expenditures of other Councils which had been through the examination process. These cost estimates might require adjustment as the process went forward. She understood that the costs quoted related entirely to the examination and did not include staffing costs. Whether any additional staffing resources would be required was not yet known. It was hoped to submit the Site Allocations and Development Management Development Plan Documents at the same time to save costs of the examination. The revised timetable could be varied by up to three months if required by any further changes to the process or for other reasons.
ACTION AGREED:-
that the Committee recommends to the Executive Committee:
(1)that the Executive Committee approves the draft revised Local Development Scheme (LDS) (as set out in Appendices1 and 2 to the report) for submission to the Secretary of State via the Government Office (GO East);
(2)that any changes necessary before and after submission are delegated to the Director of Community and Environmental Services in consultation with the Portfolio Holder for the Environment; and
(3)that the re-phasing of budgets as set out in paragraph 5.2 of the report be considered as part of the budget monitoring process.
SE17/10SECTION 106 MONITORING AND REVIEW OF PROCESSES
The Committee received a report on the purpose of Section 106 monitoring and to seek formal approval for the charge and use of the associated fee. The Committee’s views were also sought for transmission to a Hertfordshire County Council Scrutiny Panel which was reviewing how well the County Council secured, managed and spent Section 106 contributions.
Members were informed that the Council, in common with a number of other councils, levied a charge for administering Section 106 agreements so as to recoup its staffing costs. However there was no formal resolution governing this arrangement and a resolution was needed to avoid the possibility of a challenge to the fee.
In answer to questions the Principal Projects Manager confirmed that fees in excess of £1,000 had been charged in respect of more complex developments such as that at Leavesden Film Studios. The Council kept records of all S106 agreements of which it was aware as these had limited time-periods for spending of the financial contributions, following which unallocated funds must be returned to developers unless a time extension was agreed. The County Council applied a priority ranking to the allocation of funds and could allocate S106 monies to strategic schemes considered appropriate or schemes which contributed to Local Transport Plan targets. These might not be located at or near the development sites which had attracted S106 contributions.
Members considered that a proposed standard charge of £1,000 was somewhat low in terms of charges made by other authorities and agreed that this should be a minimum charge, with negotiation of a higher charge for any applications which were more complex.
In discussion on the County Scrutiny Panel review Members expressed the following views:
- much of the income from S106 agreements for developments within Three Rivers did not find its way to District Council budgets as the contributions were in respect of County Council functions;
- the County Council did not have an outstandingly good record of stewardship of S106 monies and some refunds had been made to developers due to non-spending of contributions within negotiated timescales included in agreements, thereby reducing income;
- in allocating monies, the County Council did not take account of District Council Members’ views – for example, it insisted on using S106 contributions to provide bus shelters in Maple Cross, contrary to repeated opposition from District Members;
- Section 106 contributions were intended to mitigate the locally adverse effects of developments permitted by the Development Control Committee as the Local Planning Authority. These were supposed to be implemented within 1 km of the development site. However some monies had been allocated to ‘strategic’ areas such as the Croxley Rail Link, which could be many miles away from the area of the development which attracted the contribution. This effectively undermined the integrity of the Development Control Committee’s decision;
- S106 agreements were considered at meetings of the Development Control Committee and also at the Herts Highways Joint Member Panel, through which the annual consultation on allocations was channelled. It was understood that the Joint Member Panel was likely to be disbanded from 2012. The demise of the Joint Member Panel would effectively deny District Ward Members, Parish Council Members and members of the public the opportunity for input into the allocations process. How was thisinput to be safeguarded in the future?
- although it was acknowledged that some developments which were subject to S106 agreements were close to or straddled District Council boundaries, it was strongly felt that the S106 monies should be spent on measures which provided immediate benefit to local residents and visitors to each locality and local Members’ agreement should be obtained for any allocation of S106 monies.
ACTION AGREED:-
that the Committee recommends to the Executive Committee:
(1)that Option 2 is agreed, to provide for a minimum fee of £1,000 for Section 106 deed monitoring but subject to negotiation of a higher rate fee in cases of complex obligations. Also that this fee is used to supplement the income of the Land and Property Information Team who are currently responsible for monitoring the deeds; and
(2)that the Hertfordshire County Council Section 106 Agreements Topic Group reviewing county procedures for securing, managing and using Section 106 developer contributions be informed of the comments set out at paragraph 2.2 of the report and those in addition which are set out above.
- that this Council expects any moneys derived from S106 Agreements relating to developments within Three Rivers to be spent for the immediate benefit of local residents; and
- that this Council considers that the Highways Joint Member Panel provides an essential link between District and County Council Members and is unhappy about the possible disappearance of this link.
SE18/10DELIVERING SUSTAINABILITY INTO THE THREE RIVERS COMMUNITY 1 - THRIVE HOMES
The Committee considered the first of three reports setting out an action plan to ensure that, in line with governmental targets, Three Rivers attained a carbon dioxide emission reduction of 80% from 1990 levels, which would help to ensure that lifestyles were sustainable into the future. This report dealt with working in partnership with Thrive Homes, who were interested in mutual working and had certain funding sources available for sustainability initiatives. Thrive Homes were following the Council’s own sustainability planning and might be willing to provide additional content to the Council web site
A series of appropriate initiatives was appended to the report. However the Council currently lacked funding for the initiatives. It was suggested that some funding might be available from areas such as unspent balances in the Local Area Forum grants budget or possibly from CountyCouncillors’ locality grant budgets.
Members supported the adoption of the programme in principle and the active involvement of Thrive Homes, together with any other Registered Social Landlords who were willing to participate.
Members noted that a District-wide scheme would probably be costly to implement and run. A number of Members spoke against the proposal to seek to use Local Area Forum (LAF) grant budget as not appropriate for local people.ACountyCouncillor stated that the CountyMembers’ locality budget might be discontinued by the County Council. It was notedlikewise that there was no guarantee that LAF grant budgets would continue.
It was agreed that consideration of funding should be given following an assessment of the budgetary implications of the Government’s Comprehensive Spending Review.
It was observed that a shoppers’ bus ran on one day per week from CarpendersPark and South Oxhey to the Morrisons supermarket at Hatch End at the request of local residents. Members supported asking the firm to contribute towards the cost of the service as could other supermarkets in respect of similar bus services.
A Member asked whether Watford Rural Parish Council might be approached for a contribution towards the Hatch End service, while another Member stated that Croxley Green Parish Council funded a shoppers’ bus service to supermarkets in Watford which was well-supported. The Parish Council could supply further information upon request.
ACTION AGREED:-
that the Committee recommends to the Executive Committee:-
(1)that in partnership with Thrive Homes and any other Registered Social Landlords who are willing to participate,the programme set out in Appendix 1 to the report be implemented;
(2)that contributions be sought from supermarkets towards the cost of running shoppers’ bus services from within Three Rivers to those supermarkets;and
(3)that any decision on Council funding for the programme be deferred until the outcomes of the Government’s Comprehensive Spending Review and the grant settlement are known.
SE19/10DELIVERING SUSTAINABILITY INTO THE THREE RIVERS COMMUNITY2 - ENVIRONMENTAL ZONES
The Committee considered the second of three reports setting out an action plan to ensure that, in line with governmental targets, Three Rivers attained a carbon dioxide emission reduction of 80% from 1990 levels. This report dealt with setting up “Environmental Zones” in the community.
The Principal Projects Manager suggested that a pilot scheme might be run involving a Thrive Homes block of flats.
Members were in favour of the scheme in principle, but considered that its dependence upon individuals being prepared to play leading roles might mean that a scheme would be successful in one area but might not succeed in others. There needed to be clear benefits for individuals from participation in the scheme. ADistrict-wide scheme would have marked financial implications and they wishedthe Executive Committee to be advised of possible cost-levels. They were minded to support a pilot scheme undertaken in partnership with other organisations, notably Thrive, who could assist with publicity for the scheme.
ACTIONS AGREED:-
that the Committee recommends to the Executive Committee:
(1)that external organisations be approached to ascertain the extent of their interest in setting up a joint pilot environmental zones scheme; and
(2)that any decision on Council funding for the scheme be deferred until the outcomes of the Government’s Comprehensive Spending Review and the grant settlement are known.
SE20/10DELIVERING SUSTAINABILITY INTO THE THREE RIVERS COMMUNITY 3 - TOWARDS CARBON NEUTRALITY
The Committee considered the third of three reports setting out an action plan to ensure that, in line with governmental targets, Three Rivers attained a carbon dioxide emission reduction of 80% from 1990 levels, which wouldhelp to ensure that lifestyles are sustainable into the future byachieving carbon neutrality.
The Principal Projects Manager stated that officers had investigated a Member’s suggestion concerning the possibility of using the unspent balance of the Cocoon cavity wall insulation scheme funding to commence funding of solid wall insulation of properties without cavity walls and were proposing that this should be undertaken.
Members strongly supported the implementation across the Council’s services of the activities outlined in the draft programme.
A CountyCouncillor stated that the County Council had been pursuing this matter for over a year and asked whether the officers had contacted County Council officers. The Principal Projects Manager confirmed that further discussions would take place with relevant County Council officers.
ACTION AGREED:-
that the Committee recommends to the Executive Committee:-
(1)that the programme set out in Appendix 1 be implemented;
(2)that any decision on Council funding for the scheme be deferred until the outcomes of the Government’s Comprehensive Spending Review and the grant settlement are known; and
(3)that notice be served on the United Sustainable Energy Agency to switch the remaining subsidy from the Cocoon scheme to pump prime the solid wall insulation programme by the Herts and Essex Energy Partnership.
SE21/10HERTFORDSHIRE LOCAL TRANSPORT PLAN 3
The Committee’s comments were requested on the public consultation draft, to which a suggested response had been drafted which took account of this Council’s objectives as set out in the Strategic Plan and in service plans.
The Principal Projects Officer observed that lack of funding provision for transport infrastructure had led to a lack of specific projects within the Plan, other than previously-identified projects such as the Croxley Rail Link. However the suggested responses stressed a number of issues of importance to Three Rivers, including transport and safety needs, control of aircraft noise and an actively-managed programme of winter maintenance.
Members supported the proposed response. It was remarked that changes in aircraft flight paths had adversely affected a number of built-up areas within the District. Representations would be made about this to the Herts Structure Policy and Planning Panel and another body, the Chilterns Conservation Board also made representations on air traffic noise issues.
The Principal Projects Manager referred to a recent Travelsmart survey in Croxley Green carried out on behalf of SUSTRANS, aimed at encouraging people to switch to more sustainable modes of transport. The survey results would be published early in 2011.
ACTION AGREED:-
that the Committee recommends to the Executive Committeethat this Council’s response to the Hertfordshire Local Transport Plan (LTP 3) be as set out in paragraph 2.5 of the report.
SE22/10NEW HOUSING STRATEGY 2011 - 2016
The Committee received a progress report on the production of the new Housing Strategy with an Action Plan for 2011–2016 and setting out the proposal and timetable for its completion and adoption in 2011.
The Head of Housing Needs and Strategy reported that Government actions in respect of the intention to abolish the Tenants Services Authority and review the Homes and Communities Agency, the late completion of the Strategic Housing Market Assessment and the forthcoming Comprehensive Spending Review had caused delays in completing the new Housing Strategy before the completion of the period of the existing strategy in March 2011. The new Strategy would take account of the results of recent stakeholder consultations and of the outcome of the current private sector stock condition survey.
In response to a Member’s question on how the Council would deal with adverse consequences of the Government’s proposed changes to the Local Housing Allowance, the Head of Housing Needs and Strategy stated that the Citizens’ Advice Bureau would conduct a survey of tenants if the changes were implemented, from which information for a response to Government would be drawn. He recognised that the Council would be in competition with other authorities in seeking affordable housing within the private sector.
ACTION AGREED:-
(1)that the contents of the report were noted; and
(2)that Members receive the new draft Housing Strategy in March 2011 and the results of the further consultation undertaken.