Agenda, decisions and draft minutes

Apologies for absence were received from Cllrs J Fraser, J Mead and S-J Potter.

There were no declarations of interest.

Apologies for absence were received from Cllrs J Fraser, J Mead and S-J Potter.

There were no declarations of interest.

To approve as a correct record the Minutes of the meeting of the Overview and Scrutiny Committee held on 13 December 2018

Minutes attached

It was RESOLVED that the Minutes of the Overview and Scrutiny Committee held on 13 December 2018 are approved as a correct record and signed by the Chair.

It was RESOLVED that the Minutes of the Overview and Scrutiny Committee held on 13 December 2018 are approved as a correct record and signed by the Chair.

To consider the following Part I Decisions of the Executive taken on 23 January 2019

Notice of Decisions to follow

PLEASE BRING YOUR AGENDA AND REPORTS FOR THE EXECUTIVE MEETING HELD ON 23 JANUARY 2019.

Minutes of the Executive – 12 December 2018

The Committee noted the comments of the Executive.

Minutes of the Overview & Scrutiny Committee and Select Committees

The Committee noted the comments of the Executive.

Final Housing Revenue Account (HRA) and Rent Setting Report 2019/20

The Assistant Director (Finance and Estates) gave a presentation to the Committee on the key aspects of the Final Housing Revenue Account (HRA) and Rent Setting Report 2019/20.

In response to a question, the Assistant Director advised that the 2019/20 53 rent week issue could potentially result in a loss of about £110,000 to the Council as a result of Universal Credit regulations. Local authorities have been in discussion with the Department for Work and Pensions and Ministry of Housing, Communities in a coordinated effort to resolve the rent loss issue at a national level as this impacted on those Councils with housing stock. The Assistant Director also responded to questions regarding recharges for retrospective permissions and damages to properties.

Council Tax Base 2019/20

The Assistant Director (Finance and Estates) provided an update on Council Tax Base 2019/20.

Draft General Fund and Council Tax Setting 2019/20

The Assistant Director provided an update on the Draft General Fund and Council Tax Setting 2019/20.

Officers responded to questions regarding IT funding and recharge fees.

Draft Capital Strategy 2018/10 – 2023/24

The Assistant Director provided an update on the Draft Capital Strategy for the General Fund and Housing Revenue Account (HRA) for the period 2018/19 – 2023/24. Members sought clarification on funding arrangements for the bus station.

Potential Impact of the UK’s withdrawal from the European Union

The Assistant Director (Corporate Services & Transformation) updated the Executive on emerging national and regional issues in respect of preparations for a “no deal” exit from the European Union (Brexit).

It was RESOLVED:

1.         That Part 1 Decisions of the Executive are noted

2.         That the Assistant Director (Finance and Estates) provides an update to Members regarding the 2019/20 53 rent week issue

3.         That Assistant Director (Housing and Investment) provides a brief to Members clarifying the policy on the recharges for damages to properties

4.         That the Housing Management Advisory Board (HMAB) considers the policy for recharges on damages to properties

5.         That Assistant Director (Housing and Investment) provides a brief note to Members detailing the cases of retrospective permissions for building alterations

6.         That the Assistant Director (Corporate Services & Transformation) provides an IT services briefing for Members

7.         That Tenancy officers advise eligible residents to apply for Attendance Allowance

Minutes of the Executive – 12 December 2018

The Committee noted the comments of the Executive.

Minutes of the Overview & Scrutiny Committee and Select Committees

The Committee noted the comments of the Executive.

Final Housing Revenue Account (HRA) and Rent Setting Report 2019/20

The Assistant Director (Finance and Estates) gave a presentation to the Committee on the key aspects of the Final Housing Revenue Account (HRA) and Rent Setting Report 2019/20.

In response to a question, the Assistant Director advised that the 2019/20 53 rent week issue could potentially result in a loss of about £110,000 to the Council per year as a result of Universal Credit regulations. This may also be impacted by Housing Benefit regulations. Local authorities have been in discussion with the Department for Work and Pensions and Ministry of Housing, Communities in a coordinated effort to resolve the rent loss issue at a national level as this impacted on those Councils with housing. .

A question was asked regarding the charge for retrospective permissions granted. The Assistant Director stated that the charge was dependent upon the nature of work. The charge covered costs of inspections and corrective work. The charge had been introduced to act as a deterrent and to encourage residents to seek consent before carrying out building alterations.

The Assistant Director informed Members that funds had been set aside for work to fix damp and mould cases. More damp and mould cases were being resolved following restructuring of the Housing Investment team and the decision to carry out damp and mould repair work as part of the Major Refurbishment Contract. Members were informed that the Community Select Committee carried out a review on Damp and Mould in January 2017 and a revisit of the review was done in October 2018. It was acknowledged that the Council had departed from its previous position predominantly linking damp and mould to the lifestyle of residents.

The Committee highlighted cases in which the Council replaced doors and carpets that were in good conditions and passed on the costs of these repairs and alterations to the vacating tenants or estates of the deceased.

The Assistant Director clarified that the Council recovered costs for damages to property or unapproved alterations carried out by a vacating tenant. The rechargeable costs were assessed on a case by case basis and in some cases, the costs were written off. It was acknowledged that there were inconsistences in Council practice on this issue. The Assistant Director pointed out that this issue could be solved by more frequent tenancy audits and documentation (including photographs).

Council Tax Base 2019/20

The Assistant Director (Finance and Estates) provided an update on Council Tax Base 2019/20.

Draft General Fund and Council Tax Setting 2019/20

The Assistant Director provided an update on the Draft General Fund and Council Tax Setting 2019/20.

In response to a question about the disbursement of funds from the pilot, the Assistant Director pointed out that 75% of the business rates were retained in the County.  ...  view the full minutes text for item 3.

None.

Stevenage Local Plan

The Strategic Director provided an update on the decision by the Ministry of Housing, Communities and Local Government (MHCLG) to place a holding direction on the Stevenage Local Plan. It was made clear to the Ministry officials that if no positive decision was made to remove the Holding Direction on the Local Plan by 28 January 2019, the Council would have no choice other than to commence legal processes to challenge the continuation of the Holding Direction, which had been in effect since November 2017. The Council was now preparing to challenge the holding direction.

It was confirmed that the County Council have been supportive of Stevenage Borough Council on this topic. It was also confirmed that the local MP was not a party to the legal challenge, as the case is between the Council and the use of the holding direction by the Secretary of State. The Council was still hopeful of a resolution of the issue. The Council is expecting to incur legal costs related to the holding direction, but will be able to confirm if or when the court makes a decision regarding hearing this case. The full cost to the Council will depend on the MHCLG’s response.  Members were informed that a full hearing could take six to nine months.

It was RESOLVED:

1.         That the update is noted

2.         That Members be given guidance on how communicate about the issue so as not to prejudice the case

Stevenage Local Plan

The Strategic Director provided an update on the decision by the Ministry of Housing, Communities and Local Government (MHCLG) to place a holding direction on the Stevenage Local Plan. The Council had been in regular contact with officials from the Ministry. The last meeting was held in January 2019. It was made clear to the Ministry officials that if no positive decision was made to remove the Holding Direction on the Local Plan by 28 January 2019, the Council would have no choice other than to commence legal processes to challenge the continuation of the Holding Direction, which had been in effect since November 2017. The Council was now preparing to challenge the holding direction.

It was confirmed that the County Council was in support of the decision by Stevenage Borough Council. It was also confirmed that the local MP was not a party to the legal challenge as the case relates to the use of a Holding Direction by the Secretary of State. The Council was still hopeful of a resolution of the issue. The Council will incur legal costs related to the holding direction; however, this is dependent on whether the court decides to hear this case. The full cost to the Council will depend on the MHCLG’s response. Members were informed that a full hearing could take six to nine months and future updates would be provided in due course. A briefing note will be provided and sent to all Members regarding this issue.

It was RESOLVED:

1.         That the update is noted

2.         That Members be given guidance on how communicate about the issue so as not to prejudice the case

To consider the following motions –

1. That under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as described in paragraphs 1 – 7 of Part 1 of Schedule 12A of the Act as amended by Local Government (Access to Information) (Variation) Order 2006.

2. That Members consider the reasons for the following reports being taken in Part II and determine whether or not maintaining the exemption from disclosure of the information contained therein outweighs the public interest in disclosure.

It was RESOLVED:

1.         That, under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as described in Paragraphs 1 to 7 of Schedule 12A of the Act, as amended by SI 2006 No. 88.

2.         That having considered the reasons for the following items being in Part II, it be determined that maintaining the exemption from disclosure of the information contained therein outweighed the public interest in disclosure.

It was RESOLVED:

1.         That, under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as described in Paragraphs 1 to 7 of Schedule 12A of the Act, as amended by SI 2006 No. 88.

2.         That having considered the reasons for the following items being in Part II, it be determined that maintaining the exemption from disclosure of the information contained therein outweighed the public interest in disclosure.

To consider the following Part II decisions of the Executive taken on 23 January 2019

Notice of Decisions to follow

PLEASE BRING YOUR AGENDA AND REPORTS FOR THE EXECUTIVE MEETING HELD ON 23 JANUARY 2019

It was RESOLVED that the following Part II decisions of the Executive be noted:

•           Part II Minutes of the Executive – 21 November 2018

•           West of Stevenage Development

It was RESOLVED that the following Part II decisions of the Executive be noted:

•           Part II Minutes of the Executive – 21 November 2018

•           West of Stevenage Development

None.

None.

None.

To consider any Part II business accepted by the Chair as urgent

None.

None.