Agenda

AGENDA for a meeting of the RESOURCES AND PERFORMANCE CABINET PANEL in COMMITTEE ROOM B at County Hall, Hertford on THURSDAY, 12 MAY 2016 at 9.00AM ______

MEMBERS OF THE PANEL (11) (Quorum 3)

J Billing, M Cowan, C M Hayward (Chairman), D E Lloyd, P V Mason, M B J Mills-Bishop, L F Reefe, A Searing, R H Smith, A Stevenson (Vice-Chairman), P M Zukowskyj

Meetings of the Cabinet Panel are open to the public (this includes the press) and attendance is welcomed. However, there may be occasions when the public are excluded from the meeting for particular items of business. Any such items are taken at the end of the public part of the meeting and are listed under “Part II (‘closed’) agenda”.

Committee Room B is fitted with an audio system to assist those with hearing impairment. Anyone who wishes to use this should contact main (front) reception.

Members are reminded that all equalities implications and equalities impact assessments undertaken in relation to any matter on this agenda must be rigorously considered prior to any decision being reached on that matter.

PART I (PUBLIC) AGENDA

1. MINUTES

To confirm the minutes of the meeting held on 18 March 2016.

2. PUBLIC PETITIONS

The opportunity for any member of the public, being resident in or a registered local government elector of Hertfordshire to present a petition relating to a matter with which the Council is concerned, and is relevant to the remit of this Cabinet Panel, containing 100 or more signatures of residents or business ratepayers of Hertfordshire.

Notification of intent to present a petition must have been given to the Chief Legal Officer at least 20 clear days before the meeting where an item relating to the subject matter of the petition does not appear in the agenda, or at least 5 clear days where the item is the subject of a report already on the agenda. At the time of the publication of this agenda no notices of petitions have been received.

[Members of the public who are considering raising an issue of concern via a petition are advised to contact their local member of the Council. The Council's arrangements forAgenda the receipt Pack of 1 petitionsof 28 are set out in Annex 22 -

1 Petitions Scheme of the Constitution.]

If you have any queries about the procedure please contact Deborah Jeffery, Democratic Services Officer, by telephone on (01992 555563) or by e-mail to [email protected].

3. REVIEW OF REGISTRATION & CITIZENSHIP SERVICE FEES

Report of the Director of Resources

4. SCHOOL PREMISES SPACE STANDARDS POLICY REVISION

Joint Report of the Director of Resources and Director of Children’s Services

5. LAND AT CHAULDEN LANE, HEMEL HEMPSTEAD - TO CONSIDER THE FUTURE OF THE LAND

Report of the Director of Resources

6. OTHER PART I BUSINESS

Such Part I (public) business which, if the Chairman agrees, is of sufficient urgency to warrant consideration.

PART II (‘CLOSED’) AGENDA

EXCLUSION OF PRESS AND PUBLIC

The Chairman will move:-

“That under Section 100(A) (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item/s of business on the grounds that it/they involve/s the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the said Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”

PART II AGENDA

1. LAND AT CHAULDEN LANE, HEMEL HEMPSTEAD – TO CONSIDER THE FUTURE OF THE LAND

Report of the Director of Resources

If you require further information about this agenda please contact Deborah Jeffery, Democratic Services, on telephone no (01992) 555563 number or email [email protected].

Agenda documents are also availableAgenda on Pack the internet 2 of 28 at: http://www.hertsdirect.org/hccmeetings.

2 Agenda Item HERTFORDSHIRE COUNTY COUNCIL No.

RESOURCES & PERFORMANCE CABINET PANEL THURSDAY 12 MAY 2016 AT 9.00AM 3

REGISTRATION & CITIZENSHIP SERVICE DISCRETIONARY FEES AND CHARGES

Report of Chief Legal Officer

Author: Steve Charteris, Head of Democratic & Statutory Services (Tel: 01992 555806)

Executive Member: Chris Hayward

1. Purpose of the Report

1.1 To inform Panel of the proposed methodology for calculating discretionary fees for ceremonial and non-statutory appointment services delivered by Hertfordshire County Council Registration & Citizenship Service.

2. Summary

2.1 The report identifies ceremonial and appointment services where a discretionary fee is set by the County Council and presents the proposed calculation methodology for setting fees for services to the public who elect to use them.

3. Recommendations

3.1 Panel is requested to recommend to Cabinet that they agree the methodology detailed within the report for the setting of discretionary ceremonial and appointment fees by the Registration & Citizenship Service.

4. Background

4.1 Hertfordshire Registration & Citizenship Service delivers birth, death, marriage and civil partnership registrations, ceremonial services for civil marriages, civil partnerships (same sex partnerships), civil naming ceremonies, civil funerals and renewal of vows ceremonies, plus citizenship ceremonies, nationality checking service (NCS), settlement checking service (SCS) and change of name deeds service.

4.2 Registration services are delivered from the Hertfordshire Register Office in Hatfield and Registration Offices in Watford, Stevenage, St Albans, Hemel Hempstead, Hertford, Cheshunt and Bishop's Stortford. Citizenship services are delivered from the Citizenship Unit in Hatfield. Agenda Pack 3 of 28 1

4.3 The majority of fees charged by the Registration & Citizenship Service are statutory and laid down nationally by the General Register Office and Home Office. However, some fees are a matter for the Local Authority, in accordance with Regulation 12(6) of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 and Section 93 of the Local Government Act 2003 – Powers to charge for discretionary services.

4.4 The methodology for calculation of fees for ceremonial services and non-statutory appointment services has not been reviewed for some time. Traditionally, price increases have been based on income inflation rates and benchmarking with other local authorities and other providers such as independent celebrants and religious and non- religious belief organisations, whilst ensuring that taking one financial year with another, the income from charges does not exceed the costs of provision.

4.5 It is incumbent upon the local authority to be transparent in the charges levied and it is believed that this is best achieved through establishing clear methodology for the calculation of fees, which can be applied each year for the following year.

5. Legislation and Guidance

5.1 Regulation 12(6) of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 provides that “The Superintendent Registrar… shall be entitled to receive… a fee of an amount determined by the Authority as reasonably representing all the costs to it of providing a Registrar and Superintendent Registrar to attend at a solemnization”.

5.2 Specifically, the legislation states: (6) The superintendent registrar in whose presence persons are married on approved premises shall be entitled to receive from them a fee of an amount determined by the authority as reasonably representing all the costs to it of providing a registrar and superintendent registrar to attend at a solemnization.

5.3 (7) Where a civil partnership registrar for any area attends when two people sign the civil partnership schedule on approved premises, the authority for that area shall be entitled to receive from them a fee of an amount determined by it as reasonably representing all the costs to it of providing the civil partnership registrar to attend at the formation.

5.4 (8) An authority may set different fees under paragraphs (6) and (7) for different cases or circumstances.

5.5 Section 93 of the Local Government Act provides that the Authority has the power to charge for discretionary services:

Agenda Pack 4 of 28 2 5.6 (1) Subject to the following provisions, a best value authority may charge a person for providing a service to him if - (a )the authority is authorised, but not required, by an enactment to provide the service to him, and . (b) he has agreed to its provision. . (2)Subsection (1) does not apply if the authority - (a) has power apart from this section to charge for the provision of the service, or . (b) is expressly prohibited from charging for the provision of the service. (3) The power under subsection (1) is subject to a duty to secure that, taking one financial year with another, the income from charges under that subsection does not exceed the costs of provision. (4) The duty under subsection (3) shall apply separately in relation to each kind of service. (5) Within the framework set by subsections (3) and (4), a best value authority may set charges as it thinks fit and may, in particular -. (a) charge only some persons for providing a service; . (b) charge different persons different amounts for the provision of a service. (6 ) In carrying out functions under this section, a best value authority shall have regard to such guidance as the appropriate person may issue.

5.7 The Proper Officer's Guide to Registration Service Delivery (Version 3.5) published by HM Passport Office – General Register Office states:

5.8 1.15 Marriage legislation grants local authorities the power to set local fees for the approval of venues for the solemnization of marriages, the registration of civil partnerships and for the attendance of registration officers at ceremonies at those venues. Local authorities are empowered to set the level of fees for these which ‘reasonably represent the costs’ incurred in respect of considering the application and providing officers to attend marriages or civil partnerships.

5.9 1.16 Under the Wellbeing Powers of the Local Government Act 2003, local authorities are able to provide additional, discretionary services (not provided for in statute), and to charge fees to recover the cost of providing such services. It is for each local authority to satisfy itself that it has the powers to offer and charge for the delivery of any civil registration related discretionary services.

5.10 1.17 The Localism Act 2011 provides local authorities with a 'General Power of Competence'. This allows authorities to act as individuals can, and therefore allows them to charge for, and trade in services offered under the general power (in line with Section 93 and 95 of the Local Government Act 2003). Where there is a statutory duty to provide a service, local authorities cannot trade in these, but they are able to recover their costs in providing discretionary services.

Agenda Pack 5 of 28 3 5.11 1.18 Local authorities will wish to satisfy themselves that they have the powers to provide and charge for related registration services and ensure all charges levied are transparent and communicated to the customer.

6. Volume

6.1 The annual volume of appointment services and ceremonies provided by the Registration & Citizenship Service are as follows:

Service Volume Narrative (2014/15) Appointment based services Birth Registrations 11,535 Registration of births, including Birth Declarations, Re-registrations, Adoption Annotations and Corrections. Still Birth Registrations 45 Registration of still-births, including Declarations. Death Registrations 8,551 Registration of deaths, including Death Declarations, Registrations after Inquest and Corrections. Notices of Marriage 9,028 Legal Preliminaries to marriage, including Designated Register Office Notices (for people subject to immigration control). Notices of Civil Partnership 18 Legal Preliminaries to Civil Partnership, including Designated Register Office Notices (for people subject to immigration control). Ceremony Planning 2160 Appointments with customers to plan appointments personalised content of ceremonies and receive payment. Civil Partnership Conversion 69 Appointments to convert Civil Partnerships to Civil Marriage into Civil Marriages. Nationality Checking Service 2,002 Appointments to assist applicants to apply for naturalisation as British citizens. Settlement Checking Service 102 Appointments to assist applicants to apply for indefinite leave to remain in the country. Change of Name Deeds 125 Appointments to provide change of name deeds for people wishing to formally change their name. Copy Certificates issued from 8,025 Copies of birth, death, marriage and civil the Registration Certificate partnership certificates. Archive

Ceremonies Statutory Civil Marriage 310 Statutory Civil Marriage Ceremony at Ceremonies Hertfordshire Register Office (Hatfield). Registrar General’s License, 9 Special license marriages in hospitals, prisons Housebound / Detained and etc. Registered Building Civil Marriages Agenda Pack 6 of 28 4 Civil Marriages at Register / 1,422 Civil Marriage Ceremonies at the Hertfordshire Registration Offices Register Office and Registration Offices. Civil Marriages at Approved 1,637 Civil Marriage Ceremonies at licensed venues, Premises including hotels, golf clubs etc. Civil Partnership Registration 9 Civil Partnership Registrations, including & Ceremonies Ceremonies. Civil Naming Ceremonies at 17 Ceremonies to welcome children into families Register / Registration at Register / Registration Offices. Offices. Civil Naming Ceremonies at 11 Ceremonies to welcome children into families other venues at approved and non-approved premises. Renewal of Vows 9 Renewal of Marriage Vows Ceremonies at Ceremonies at Register / Register / Registration Offices. Registration offices Renewal of Vows 9 Renewal of Marriage Vows Ceremonies at Ceremonies at other venues approved and non-approved premises. Civil Funerals 203 Registrar to create and deliver a funeral tribute at crematoria, grave side or elsewhere. Private Citizenship 395 Citizenship Ceremonies for individuals wishing Ceremonies to have a private ceremony as opposed to the group ceremonies.

7. Income

Income Type Income 2014/15 Statutory Fees (Birth, Death, Marriage £694,981 Certificates, Legal Preliminaries to Civil Marriage and Partnerships etc.) Citizenship Ceremonies £171,810 Civil Marriages at Approved Venues £805,707 Civil Marriages at Register Offices £419,172 Copy Certificates from Registration £121,091 Archive Nationality & Settlement Checking £95,568 Services Civil Funerals £34,523 Renewal of Vows Ceremonies £9,984 Civil Naming Ceremonies £7,034 Change of Name Deed Service £6,662 Civil Partnership Ceremonies £5,375 Product Sales (Confetti, £3,165 Commemorative Certificates etc.) Advertising in Register Offices £4,100 Approved Premises Licensing £3,200 Approved Premises Renewal £34,992 Total Income £2,372,364

Agenda Pack 7 of 28 5 8. Fee Determination

8.1 Discretionary fees are currently set one year in advance as ceremonies are often booked in advance and this is consistent with the one year maximum timeframe for legal preliminaries to civil marriage and civil partnership. It is therefore proposed that fees are calculated in April each year for application from the following financial year. Thus fees set using this methodology, if approved, will apply from 1 April 2017.

8.2 The proposed calculation of fees is based on the following methodology:

Discretionary fee = Direct salary costs (including on costs) + mileage (if applicable) + management overheads + support staff overheads + departmental overheads. (Overheads applied as a percentage to direct costs).

9. Direct Staff Costs:

9.1 It is proposed that direct staff cost calculations are based on average time taken or sessional fees paid to deliver each specific service. Staff costs include salary on-costs and are based on gross salary rates for 2016/17 and a whole time equivalent working year of 1650 hours.

9.2 Registration Officers and Deputy Registration Officers fulfil statutory roles of (Deputy) Superintendent Registrar and (Deputy) Registrar of Births, Deaths and Marriages in accordance with registration law. Registration Officers are remunerated at H7 – H8 (SCP 26 - 32).

9.3 Registration Officers are remunerated by way of sessional fees for ceremony work which is in excess of their contracted hours. This is primarily weekends, bank holidays and for variable hours Deputy Registration Officers who conduct ceremonies on Fridays.

9.4 Pre and post administration work for registration ceremonial services are carried out by Senior Registration Officers (H8 SCP 29 – 32). It is estimated that there is 90 minutes preparation for each ceremony and 30 minutes post ceremony work.

9.5 Responsible Person is a role fulfilled by Support Officer staff at H3 – H4 (Average SCP 17) for Friday ceremonies at register offices.

9.6 Planning Meetings are arranged for ceremonies which are to be held at venues outside the register offices in order to plan the content and organisation of the ceremony.

9.7 Citizenship Officers fulfil the statutory role of Deputy Superintendent Registrar when conducting Citizenship Ceremonies.

9.8 Citizenship Officers are remunerated H7 (SCP 26 - 29).

Agenda Pack 8 of 28 6 9.9 Pre and post administration work for citizenship services are carried out by Citizenship Officers (H7 SCP 26 –29). It is estimated that there is 60 minutes administration work required for private citizenship ceremonies and between 20 and 30 minutes for appointment services.

9.10 Mileage is set on a reasonable assumption of an average 10 mile distance from the register office to the venue and return. Staff are required to attend the register office to collect registers and secure stock before attending the ceremony.

10. Management Overheads:

10.1 It is proposed that management overheads are calculated as the salary costs of operational management staff as a proportion of all other staff costs for the service. This equates to 13.03% based on 2015/16 expenditure.

11. Support Staff Overheads:

11.1 It is proposed that support staff overheads are calculated as the salary costs of support staff as a proportion of all other staff costs. This equates to 20.41% based on 2015/16 expenditure.

12. Departmental Overheads:

12.1 It is proposed that departmental overheads are applied as a percentage of direct costs based on actual departmental overheads expenditure in 2014/15. This equates to 52.72%.

Salaries & Salary Related 2,066,435 Direct Premises Related 178 Indirect Transport Related 20,048 Indirect Supplies & Services 117,625 Indirect Third Party Payments 28 Indirect Capital 5,302 Indirect Premises 120,184 Indirect Recharges 823,758 Indirect Salary related 2,243 Indirect Total Expenditure 3,155,801

Salary Cost (Direct) 2,066,435 Indirect costs 1,089,366 52.72% Total Expenditure 3,155,801

13. Financial Implications

13.1 The Registration & Citizenship Service had an income of £2,372,364 in 2014/15 and therefore recovered approximately 75% of gross Agenda Pack 9 of 28 7 expenditure through income generation. It should be noted that the service is only permitted to recover costs on certain services as detailed above.

13.2 The proposed methodology will ensure that discretionary fees are set ensuring appropriate cost recovery, transparency for customers and are in accordance with the legislation.

13.3 The proposed methodology will ensure that future changes in direct and indirect expenditure will be reflected in the fees set, thus maintaining the current high levels of expenditure recovery through income generation.

14. Equalities Implications

14.1 There are no identified equalities implications from the proposed implementation of this methodology for calculation of fees.

Agenda Pack 10 of 28 8 APPENDIX 1 Indicative Fee Schedule 2017/ 2018.

DIRECT COSTS OVERHEADS FEES VAT GROSS FEE

Management Support staff Departmental Proposed Proposed DISCRETIONARY FEES Planning Pre and Total - Direct Overheads Overheads Overheads Total incl Fee Fee (20% Gross Fee Officer Mileage meeting Post Admin staff costs (13.03%) (20.41%) (52.72%) Overheads 2016/17 2017/18 rate) 2017 Ceremonies in Hertfordshire Registration Offices (Monday - Thursday) Hourly rate 63.80 - - 44.56 108.36 14.11 22.12 57.13 201.72 £200.00 £200.00 - £200.00 Ceremonies in Hertfordshire Sessional Registration Officers (Friday) payment 141.66 - - 44.56 186.22 24.26 38.01 98.18 346.67 £350.00 £350.00 - £350.00 Ceremonies in Hertfordshire Registration Offices (Saturday and weekday out of office Sessional hours) payment 204.80 - - 44.56 249.36 32.48 50.90 131.46 464.21 £450.00 £465.00 - £465.00 Ceremonies in Hertfordshire Registration Offices Sessional (Sunday / Bank Holiday) payment 230.40 - - 44.56 274.96 35.81 56.13 144.96 511.86 £525.00 £515.00 - £515.00 Ceremonies in Approved Venues Sessional (Monday - Friday) payment 128.00 10.00 21.26 44.56 203.83 26.55 41.61 107.46 379.44 £460.00 £380.00 - £380.00 Ceremonies in Approved Venues Sessional (Saturday) payment 204.80 10.00 21.26 44.56 280.63 36.55 57.28 147.95 522.41 £510.00 £520.00 - £520.00 Ceremonies in Approved Venues Sessional (Sunday and Bank Holiday) payment 230.40 10.00 21.26 44.56 306.23 39.89 62.51 161.44 570.06 £535.00 £570.00 - £570.00 Bespoke Ceremonies in Approved Venues (Saturday and weekday out Sessional of office hours) payment 271.36 10.00 21.26 44.56 347.19 45.22 70.87 183.04 646.31 £642.00 £645.00 - £645.00 Bespoke Ceremonies in Approved Sessional Venues (Sunday and Bank Holiday) payment 307.20 10.00 21.26 44.56 383.03 49.89 78.19 201.93 713.03 £685.00 £710.00 - £710.00 Sessional Civil Funerals payment 121.60 - - - 121.60 15.84 - 64.11 201.55 £195.00 £195.00 - £195.00 Private Citizenship Ceremony Hourly rate 15.20 - - 20.26 35.45 4.62 - 18.69 58.76 £60.00 £60.00 - £60.00 Private Citizenship Ceremony (additional adult with same Home office number) Hourly rate - - - 20.26 20.26 2.64 - 10.68 33.57 £30.00 £35.00 - £35.00 Nationality Checking Service NCS Hourly rate 20.26 - - 10.13 30.38 3.96 6.20 16.02 56.56 £50.00 £54.17 £10.83 £65.00 Nationality Checking Service NCS (Minor) Hourly rate 5.07 - - 10.13 15.20 1.98 3.10 8.01 28.30 £29.17 £29.17 £5.83 £35.00 Settlement Checking Service SCS Hourly rate 30.39 - - 10.13 40.52 5.28 8.27 21.36 75.43 £75.00 £75.00 £15.00 £90.00 Settlement Checking Service SCS (Dependant - joint application) Hourly rate - - - 6.75 6.75 0.88 1.38 3.56 12.57 £12.50 £12.50 £2.50 £15.00 Change of Name Deeds Hourly rate 20.26 - - 10.13 30.39 3.96 6.20 16.02 56.57 £50.00 £54.17 £10.83 £65.00

Agenda Pack 11 of 28 9

HERTFORDSHIRE COUNTY COUNCIL Agenda Item No: RESOURCES & PERFORMANCE CABINET PANEL THURSDAY 12 MAY 2016 AT 9.00AM

SCHOOL PREMISES SPACE STANDARDS POLICY REVISION 4

Joint report of the Director of Resources and the Director of Children’s Services

Authors: Ainslie Drysdale - Strategic Asset Manager [Tel: 01992 556290] Pauline Davis – Head of School Planning [Tel: 01992 555865]

Executive Members: Chris Hayward, Resources & Performance David Williams, Enterprise, Education & Skills

1. Purpose

1.1 To update the Cabinet Panel on Government changes regarding School Premises Space Standards.

1.2 To propose that the County Council change its current policy to follow the new standards Building Bulletin 103 (BB103).

2. Summary

2.1 BB103 superseded previous national guidance contained in Building Bulletins 98 and 99 (BB98/99) in April 2014. The County Council has yet to formalise its policy to align with the new Building Bulletin.

2.2 Building Bulletins provide detailed non-statutory guidance on space standards for both internal and external spaces and there have been changes in the guidance for both, mainly reductions.

2.3 BB103 provides a range of area for both internal and external areas. The use of the upper end of the ranges would marginally reduce previous County Council standards (in most cases) and cost.

3. Recommendation

3.1 The Panel is asked to recommend to Cabinet a change in the current County Council policy concerning space standards to follow the higher end of the internal and external ranges, as set down in Building Bulletin 103 issued by the Department for Education.

Agenda Pack 12 of 28 1

4. Background

4.1 The Government has published new school space standards within Building Bulletin 103 (BB103). County Council standards are generally aligned with Building Bulletins which are issued, therefore, the current standards need to be changed.

4.2 Building Bulletins are used:

 for the development of: - existing schools; - new schools on existing County Council land;  to justify: - land area for acquisition for additional land at adjoining school; - land area for new school sites - contributions from developers - new site provision by developers - site allocations in local plans  to inform General Consent applications made under Section 77 of the School Standards and Framework Act 1998 for ‘change of use’ and/or disposal of school playing fields on school sites

 to secure funding from Community Infrastructure Levy (CIL).

4.3 The new standards provide a range of internal school build area and external site areas. Internal build areas are reduced by up to approximately 15% in secondary schools and up to 6% in primary schools. However, the majority of the reduction is in what is called the non-net areas1rather than net areas2.

4.4 BB103 reduces external site areas as well. It is more significant for secondary schools and affects some specific areas more than others, for example habitat and playground areas. As a benchmark:

 a 2fe primary school site at top range following BB103 is 2ha (County Council currently ask for 2.5 ha).  a 6fe secondary school site at the top of the range would be 0.3-0.4ha less than the previous Building Bulletin.

4.5 These new standards are manageable for new schools but may require the use of detached playing fields when adapting some existing primary schools. This has been our practice to date, where necessary and available.

1 Non-net area includes toilets and personal care, kitchen facilities, circulation, plant and internal walls. 2 Net area is the usable area and comprises basic teaching area;halls, dining and PE spaces; learning resource areas; staff and administration and storage.

Agenda Pack 13 of 28 2

4.6 Where agreements under section 106 of the Town and County Planning Act 1990 have already been entered into, the County Council will continue to use BB98/99.

4.7 The County Council needs to adopt a new policy which is aligned with the new Building Bulletin. Our previous standards were pitched at the mid-point of the range of the old Building Bulletins but which would be at or beyond the upper range of the new Bulletin. In order to minimise the impact on the quality of education and provide clear and consistent guidance to third parties, it is recommended that the upper end of the ranges of the new building bulletin be adopted.

5. Financial Implications

5.1 By adopting the new standards as described, the costs of expanding schools or developing new schools should be less than previously occasioned by the current County Council standards, given that site area requirements for both primary and secondary schools are reduced. However, it should be noted that construction costs appear to be rising.

6. Equalities Implications

6.1 When considering proposals placed before Members it is important that they are fully aware of, and have themselves rigorously considered the Equality Implications of the decision that they are making.

6.2 Rigorous consideration will ensure that proper appreciation of any potential impact of that decision on the County Council’s statutory obligations under the Public Sector Equality Duty. As a minimum this requires decision makers to read and carefully consider the content of any Equalities Impact Assessment (EQiA) produced by officers.

6.3 The Equality Act 2010 requires the County Council when exercising its functions to have due regard to the need to (a) eliminate discrimination, harassment, victimisation and other conduct prohibited under the Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it and (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Equality Act 2010 are age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion and belief, sex and sexual orientation

6.4. An Equality Impact Assessment has been undertaken and is attached as Appendix 1.

Agenda Pack 14 of 28 3

Appendix 1

Equality Impact Assessment (EqIA)

STEP 1: Responsibility and involvement

Title of proposal/ School premises project/strategy/ space standards procurement/policy Lead Officer Pauline Davis – Names of Ainslie Drysdale – Head of School those Strategic Assets Planning involved in Manager 01992 555865 completing 01992 556290 the EqIA:

Date completed: April 2016 Review date: May 2016

STEP 2: Objectives of proposal and scope of assessment – what do you want to achieve?

Proposal objectives: To align the County Councils policy in relation to  what you want to achieve school premises space standards with current  intended outcomes Government new school space standards. purpose and need

Stakeholders: Housing developers Who will be affected: Local planning authorities the public, partners, staff, service Schools users, local Member etc

STEP 3: Available data and monitoring information

Relevant equality information What the data tell us about equalities For example: Community profiles / service user demographics, data and monitoring information (local and national), similar or previous EqIAs, complaints, audits or inspections, local knowledge and consultations. January 2016 School Census data

County County Average Average (Primary (Secondary School Years R-6) Years 7-14) % Minority Ethnic 29.70% 26.6% Students % EAL (English as an alternative 23.40% 12.0% Language)

Agenda Pack 15 of 28 1

% SEN Statement 0.86% 1.1% (or EHCP)

% with SEN 11.82% 11.5% provision

% FSM (Free 8.75% 6.9% School Meals) % of Male Students 50.95% 50.0%

% of Female 49.05% 50.0% Students

STEP 4: Impact Assessment – Service Users, communities and partners (where relevant)

Protected Potential for differential What reasonable mitigations characteristic impact (positive or negative) can you propose? Age It is not anticipated that the The County Council will proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of their age. the protected characteristic are identified by the County Council then the Action Plan will be amended accordingly. Disability It is not anticipated at this The County Council will Including Learning stage that the proposal will continue to monitor the position Disability affect people and if any issues in respect of disproportionately because of the protected characteristic are the issues of disability but the identified by the County Council position will be monitored if then the Action Plan will be the Proposal proceeds. amended accordingly. Race It is not anticipated at this The County Council will stage that the proposal will continue to monitor the position affect people and if any issues in respect of disproportionately because of the protected characteristic are the issues of race but the identified by the County Council position will be monitored if then the Action Plan will be the proposal proceeds. amended accordingly. Gender It is not anticipated at this The County Council will reassignment stage that the proposal will continue to monitor the position affect people and if any issues in respect of disproportionately because of the protected characteristic are the issues of Gender identified by the County Council reassignment but the position then the Action Plan will be will be monitored if the amended accordingly. Proposal proceeds. Pregnancy and It is not anticipated that the The County Council will maternity proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of issues around Pregnancy and the protected characteristic are Maternity but the position will identified by the County Council be monitored if the Proposal then the Action Plan will be Agenda Pack 16 of 28 2

Protected Potential for differential What reasonable mitigations characteristic impact (positive or negative) can you propose? proceeds amended accordingly. Religion or belief It is not anticipated that the The County Council will proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of their religion/belief. the protected characteristic are identified by the County Council then the Action Plan will be amended accordingly. Sex It is not anticipated that the The County Council will proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of issues around Sex but the the protected characteristic are position will be monitored if identified by the County Council the Proposal proceeds then the Action Plan will be amended accordingly. Sexual orientation It is not anticipated that the The County Council will proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of issues around Sexual the protected characteristic are orientation but the position will identified by the County Council be monitored if the Proposal then the Action Plan will be proceeds amended accordingly. Marriage & civil It is not anticipated that the The County Council will partnership proposal will affect people continue to monitor the position disproportionately because of and if any issues in respect of issues around Marriage and the protected characteristic are Civil Partnership but the identified by the County Council position will be monitored if then the Action Plan will be the Proposal proceeds amended accordingly. Carers (by It is not anticipated that the The County Council will association with proposal will affect people continue to monitor the position any of the above) disproportionately because of and if any issues in respect of caring responsibilities but the the protected characteristic are position will be monitored if identified by the County Council the Proposal proceeds then the Action Plan will be amended accordingly. Carers and From April 2015, carers will be entitled to an assessment of their CARE ACT 2014 own needs in the same way as those they care for. If the focus of your EqIA relates to care and support, consider carers’ new rights and see the Care Act pages on Compass for more guidance

Opportunity to advance equality of opportunity and/or foster good relations

Should the standards be adopted it is anticipated that it will allow students to access provision secured and built in accordance with national guidelines.

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Protected Potential for differential What reasonable mitigations characteristic impact (positive or negative) can you propose?

Impact Assessment – Staff (where relevant) n/a

Protected Potential for differential impact What reasonable mitigation characteristic (positive or negative) can you propose? Age It is not anticipated that the The County Council will proposal will affect people continue to monitor the disproportionately because of position their age. Disability It is not anticipated that the The County Council will Including proposal will affect people continue to monitor the Learning disproportionately because of position Disability their age. Race It is not anticipated that the The County Council will proposal will affect people continue to monitor the disproportionately because of position their age. Gender It is not anticipated that the The County Council will reassignment proposal will affect people continue to monitor the disproportionately because of position their age. Pregnancy and It is not anticipated that the The County Council will maternity proposal will affect people continue to monitor the disproportionately because of position their age. Religion or belief It is not anticipated that the The County Council will proposal will affect people continue to monitor the disproportionately because of position their age. Sex It is not anticipated that the The County Council will proposal will affect people continue to monitor the disproportionately because of position their age. Sexual orientation It is not anticipated that the The County Council will proposal will affect people continue to monitor the disproportionately because of position their age. Marriage & civil It is not anticipated that the The County Council will partnership proposal will affect people continue to monitor the disproportionately because of position their age. Carers (by It is not anticipated that the The County Council will association with proposal will affect people continue to monitor the any of the above) disproportionately because of position It is not their age. anticipated that the proposal will Agenda Pack 18 of 28 4

Protected Potential for differential impact What reasonable mitigation characteristic (positive or negative) can you propose? affect people disproportionately because of their age. Opportunity to advance equality of opportunity and/or foster good relations

STEP 5: Gaps identified

Gaps identified Any further information identified will be considered as part of Do you need to collect the continued EqIA. more data/information or carry out consultation? (A ‘How to engage’ consultation guide is on Compass). How will you make sure your consultation is accessible to those affected?

STEP 6: Other impacts

Consider if your proposal has the potential (positive and negative) to impact on areas such as health and wellbeing, crime and disorder and community relations. There is more information in the guidance.

STEP 7: Conclusion of your analysis

Select one conclusion of your analysis Give details No equality impacts identified The County Council will continue to x  No change required to proposal. monitor the position and if any issues in respect of the protected characteristic are identified by the County Council then the Action Plan will be amended accordingly. Minimal equality impacts identified  Adverse impacts have been identified, but have been objectively justified (provided you do not unlawfully discriminate).  Ensure decision makers consider the cumulative effect of how a number of decisions impact on equality. Potential equality impacts identified  Take ‘mitigating action’ to remove barriers or better advance equality.  Complete the action plan in the next section.

Agenda Pack 19 of 28 5

Select one conclusion of your analysis Give details Major equality impacts identified  Stop and remove the policy  The adverse effects are not justified, cannot be mitigated or show unlawful discrimination.  Ensure decision makers understand the equality impact.

STEP 8: Action plan

Issue or opportunity identified relating to: Officer  Mitigation measures Action proposed Responsible  Further research  Consultation proposal and target date  Monitor and review Monitor and review Monitor the decision the county Ainslie council takes Drysdale/Pauline Davis May 2016

This EqIA has been reviewed and signed off by:

Head of Service or Business Manager: Pauline Davis Date: 13.4.2016

Equality Action Group Chair: Date:

Agenda Pack 20 of 28 6

Agenda Item HERTFORDSHIRE COUNTY COUNCIL No.

RESOURCES & PERFORMANCE CABINET PANEL THURSDAY 12 MAY 2016 AT 9.00AM 5

LAND AT CHAULDEN LANE, HEMEL HEMPSTEAD - TO CONSIDER THE FUTURE OF THE LAND

Report of the Director of Resources

Author: - Clare Halliday, Senior Estates Officer 01992 556 709

Executive Member:- Chris Hayward

Local Member:- Terry Douris, Hemel Hempstead (North West Division)

1. Purpose of report

1.1 To enable Cabinet to consider the future of the land at Chaulden Lane, Hemel Hempstead.

1.2 To seek Cabinet authorisation to enter into a conditional contract to dispose of the site once a satisfactory planning permission consent is obtained; finalisation of the terms of the contract to be delegated to the Director of Resources in consultation with the Executive Member for Resources and Performance.

2. Summary

2.1 The County Council holds the freehold title to the land at Chaulden Lane, Hemel Hempstead, comprising the remainder of the former Bourne Valley Secondary School site (“the Land”).

2.2 The Land is part of a much larger area of land which has been identified in Dacorum Borough Council’s (DBC) Core Strategy as an area for future residential development for up to 900 additional homes and a new 2 form of entry (f.e.) primary school. Provision of a new 2 f.e. primary school is one of the principles of development. This land area is referred to in DBC’s Core Strategy as Local Allocation 3 (LA3).

2.3 Approval is sought to allow the County Council to enter into a conditional contract with a third party to sell the Land once satisfactory planning permission for residential development and a 2 f.e. primary school is granted. The sale would be at open market value with a minimum land value protection. Agenda Pack 21 of 28 1

2.4 In order for the planning permission to be “satisfactory” it will need to include:

 Provision of a suitably located 2 f.e. primary school site (within LA3) along with necessary servicing and infrastructure.

 A planning obligation, requiring the transfer of the 2 f.e. primary school site to the County Council (gifted).

 A requirement that the landowners of LA3 make appropriate proportional financial contributions to the building of the primary school via a S106 planning obligation. (Note: The Land accounts for approximately 2.61% of the total LA3 site).

2.5 The result of the transaction would be a realisation of a capital receipt for the County Council and the securing of a strategically located 2 f.e. primary school site with resources towards the construction of the building.

2.6 This report should be read in conjunction with the accompanying Part II report.

3. Recommendation

3.1 The Resources and Performance Cabinet Panel is invited to recommend to Cabinet that: -

(i) the County Council enters into a conditional contract to dispose of the Land at Chaulden Lane, Hemel Hempstead, subject to satisfactory planning permission being obtained for the LA3 site which would include the provision of a two form of entry primary school site; the transfer of that site to the County Council and a contribution towards the construction of the primary school via a S106 planning obligation.

(ii) the finalisation of the terms of the contract documents be delegated to the Director of Resources in consultation with the Executive Member for Resources and Performance.

4. Background

4.1 The County Council owns the freehold interest in the Land, a rectangular tract of land at Chaulden Lane, Hemel Hempstead which has an area of 1.352 hectares (3.34 acres). See the land asset plan at Appendix 1.

Agenda Pack 22 of 28 2 4.2 The title number to Hertfordshire County Council’s land interest is HD484745.

4.3 The County Council disposed of the land to the east of the Land (the former Bourne Valley Secondary School site) to a residential developer in December 1986. The Land was not sold at that time as it was then and still is located in the green belt. However, through the emerging Site Allocations Plan, the intention is for the green belt boundary to be re-aligned, with the Land being removed from the green belt and forming part of LA3.

4.4 At the time of writing this report, the Land is let on a 2-year short term Farm Business Tenancy expiring contractually on 24 March 2016.

4.5 The land included in LA3 is in multiple ownerships. There are understood to be two major land owners in addition to the County Council. Appendix 2 shows the County Council’s holding within the proposed LA3 site.

5 Town Planning

5.1 The principle of development on the LA3 site for 900 dwellings was established in DBC’s Core Strategy (adopted September 2013).

5.2 The emerging Site Allocations Plan builds upon the Core Strategy and includes an indicative masterplan for the site (see Appendix 3) which sets out the main development principles, including a 2 f.e. primary school site.

5.3 The Site Allocations Plan was submitted in February 2016 to the Planning Inspectorate for public examination. DBC expect the plan to be adopted in late summer/autumn 2016.

5.4 Consultation on LA3 was carried out as part of preparation of DBC’s Core Strategy and through other consultation events, including those associated with the Pre-Submission Site Allocations in 2014.

5.5 The housing trajectory produced by DBC indicates that development of LA3 is to commence in 2021 and will be completed by 2031, the end of the current plan period.

5.6 Once the Site Allocations Plan is adopted, it is understood that the two major land owners will jointly submit a planning application to take into account all the requirements from the Core Strategy and Site Allocations Plan, including a 2 f.e. primary school.

5.7 A Highways Consultant was commissioned by the County Council to produce an assessment of junction capacity for the Land and school

Agenda Pack 23 of 28 3 provision assessment for the LA3 development. A report was provided in September 2013.

The assessment concluded that the proposed school was suitably located within the development. The proposed location would result in a large majority of the development site being within 800m of the primary school, as well as being in close proximity to serve parts of existing residential areas.

5.8 The current masterplan (shown at Appendix 3), shows two primary vehicle access points to the north east of LA3.

6 Property Implications

6.1 The County Council will be disposing of surplus land and gaining a capital receipt. In addition, as part of the transaction, the County Council will secure a strategically located 2 f.e. primary school site.

7 Financial Implications

7.1 The County Council has and will continue to seek independent property and valuation advice.

7.2 It is proposed that the contract will provide that once satisfactory planning permission is obtained (outline planning permission or detailed planning permission or outline planning permission with reserved matters free from legal challenge) the purchaser can trigger the valuation mechanism. The price for the Land is to be agreed or determined as open market value with the benefit of the planning permission (as defined by the Royal Institution of Chartered Surveyors).

7.3 This report should be read in conjunction with the accompanying Part II report which sets out existing and alternative use valuation detail.

8. Equality Act Implications

8.1 When considering proposals placed before Members it is important that they are fully aware of, and have themselves rigorously considered the equalities implications of the decision that they are taking.

8.2 Rigorous consideration will ensure that proper appreciation of any potential impact of that decision on the County Council’s statutory obligations under the Public Sector Equality Duty. As a minimum this requires decision makers to read and carefully consider the content of any Equalities Impact Assessment (EqIA) produced by officers.

Agenda Pack 24 of 28 4 8.3 The Equality Act 2010 requires the Council when exercising its functions to have due regard to the need to (a) eliminate discrimination, harassment, victimisation and other conduct prohibited under the Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it and (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics under the Equality Act 2010 are age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion and belief, sex and sexual orientation.

8.4 There are no equalities implications arising from this report.

9. Conclusions

9.1 It is recommended that the County Council approves the disposal of land at Chaulden Lane amounting to approximately 1.352 hectares (3.34 acres) once a satisfactory planning permission is obtained for a residential scheme with a 2 f.e primary school site at the West Hemel LA3 site.

9.2 Following approval, Heads of Terms will be finalised with the third party and a conditional sale contract entered into.

Agenda Pack 25 of 28 5 Agenda Pack 26 of 28 © Crown copyright and database rights 2016 Ordnance Survey 100019606 You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form

Third party land owners

Hertfordshire County Council

Potential Masterplan Area

B

Resources Hertfordshire County Council County Hall Hertford SG13 8DQ

PROJECT

LA3 Land at Hemel Hempstead

A DRAWING TITLE Land Ownership

DRAWN SL CHECKED Agenda Pack 27 of 28 DATE 24/03/2016 SCALE 1:10000 PLAN NO. REVISION HP2773 24:03:16 This map is based upon Ordnance Survey material with the permission of Ordnance Survey SITE BOUNDARY on behalf of the Controller of Her Majesty’s Stationery Office © Crown copyright. SCHEDULE OF RESIDENTIAL PARCELS Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. H1 1.60ha 3.95ac 52.69ha 130.19ac 0 100 200 H2 1.77ha 4.37ac H3 5.18ha 12.79ac metres RESIDENTIAL PARCELS H4 6.49ha 16.03ac H1-H10 REVISION A: 31.41ha 77.57ac H5 1.52ha 3.75ac Amendments land parcels and H6 2.49ha 6.15ac access network 2fe PRIMARY SCHOOL & H7 0.88ha 2.17ac HNA/16-06-2014 PS/COM H8 3.17ha 7.83ac COMMUNITY FACILITY REVISION B: H1 H9 2.00ha 4.94ac 2.40ha 5.93ac Site boundary and general layout H10 6.31ha 15.59ac amendments TOTAL 31.41ha 77.57ac HNA/19-06-2014 PRIMARY ROAD NETWORK REVISION C: Minor amendments following local authority discussions PRIMARY ACCESSES HNA/23-06-2014 H3 REVISION D: Minor amendments following H2 FOOTPATH/CYCLE ROUTES client instruction HNA/26-06-2014 a REVISION E: GREEN SPACE FRAMEWORK Amendment to site boundary HP/18-09-2015 H5 H7 A POTENTIAL ALLOTMENTS H4 POSSIBLE SURFACE WATER BALANCING

H6 STRUCTURAL TREE BELTS

SHRUBHILL COMMON REINFORCED TREE BELTS EXTENSION POTENTIAL LOCATION FOR SHRUBHILL TRAVELLERS SITE PS/COM COMMON H9

H8 © Vincent & Gorbing Limited PROJECT TITLE Land at Fields End HEMEL HEMPSTEAD A Hertfordshire

DRAWING TITLE Land use and access

SHOPS

GAS MAIN E SCALE DATE CHECKED MAY 2014

ASEMENT 1:5000@A3 DRAWN DATE H10 HNA

GREEN BUFFER TO PROJECT No. GREEN BELT BOUNDARY ACCESS/ EMERGENCY LINK 4107 6 0 0 E Agenda Pack 28 of 28 CHARTERED ARCHITECTS AND TOWN PLANNERS STERLING COURT NORTON ROAD STEVENAGE HERTS TELEPHONE: 01438 316331 FAX:01438 722035