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September 2020 HGB Public Document Pack

Published: 2 October 2020

1. Agenda

Members of the Board

Council Leaders
L Cocking, Broxbourne Borough Council
A Williams, Dacorum Borough Council
L Haysey, East Herts District Council
D Williams, Hertfordshire County Council
M Bright, Hertsmere Borough Council
M Stears-Handscomb, North Hertfordshire District Council
C White, St Albans City and District Council
S Taylor, Stevenage Borough Council
S Giles-Medhurst, Three Rivers District Council
P Taylor (Mayor), Watford Borough Council
T Kingsbury, WelwynHatfield Borough Council

Council Chief Executives
J Stack, Broxbourne Borough Council
S Marshall, Dacorum Borough Council
R Cassidy, East Herts District Council
O Mapley, Hertfordshire County Council
S Bijle, Hertsmere Borough Council
A Roche, North Hertfordshire District Council
A Foley, St Albans City and District Council
M Partridge, Stevenage Borough Council
J Wagstaff, Three Rivers District Council
D Nolan, Watford Borough Council
R Bridge, Welwyn Hatfield Borough Council

Hertfordshire Local Enterprise Partnership
M Bretton, Chairman
N Hayes, Chief Executive

Hertfordshire Growth Board
P Dell, Director – Hertfordshire Growth

1. Apologies
None

2. Minutes
To confirm the Minutes of the Board meeting held on 4 August 2020

3. Hertfordshire Growth Board (HBG) Programmes update
Programme updates from Political and Chief Executive leads:

  • Hertfordshire Southern East – West Growth Corridor Programme Board
  • Hertfordshire Northern East – West North Growth Corridor and NEC Joint Planning Update

4. Hertfordshire Growth Board – MHCLG Workstream: Update on Growth and Housing Deal discussions
Confidential item – not for future publication due to the confidential and developing nature of the strategic matters covered by the report and appendices

5. Hertfordshire Growth Board – Implementation of Growth Board Joint Committee
Report attached

6. Standing items
South West Herts Joint Plan
S Marshall, Dacorum Borough Council (verbal update)

7. Date of next meeting
The next planned meeting will be held on13th October 2020 16.30 to 18.30 via Teams Teleconferencing unless advised otherwise.

8. Any other business
If you require further information about this agenda, please contact Stephanie Tarrant, Democratic and Statutory Services, Hertfordshire County Council on Telephone 01992 555481, or email stephanie.tarrant@hertfordshire.gov.uk

 

Minutes - August 2020 HGB Meeting

Members of the Board

Council Leaders
L Cocking, Broxbourne Borough Council
A Williams, Dacorum Borough Council
L Haysey, East Herts District Council
D Williams, Hertfordshire County Council
M Bright, Hertsmere Borough Council
M Stears-Handscomb, North Hertfordshire District Council
C White, St Albans City and District Council
S Taylor, Stevenage Borough Council
S Giles-Medhurst, Three Rivers District Council
P Taylor (Mayor), Watford Borough Council
T Kingsbury, WelwynHatfield Borough Council

Council Chief Executives
J Stack, Broxbourne Borough Council
S Marshall, Dacorum Borough Council
R Cassidy, East Herts District Council
O Mapley, Hertfordshire County Council
S Bijle, Hertsmere Borough Council
A Roche, North Hertfordshire District Council
A Foley, St Albans City and District Council
M Partridge, Stevenage Borough Council
J Wagstaff, Three Rivers District Council
D Nolan, Watford Borough Council
R Bridge, Welwyn Hatfield Borough Council

Hertfordshire Local Enterprise Partnership
M Bretton, Chairman
N Hayes, Chief Executive

Hertfordshire Growth Board
P Dell, Director – Hertfordshire Growth

1. Apologies

The following substitutions were noted:

Karen Collett for Peter Taylor (Watford)
Jamie Day for Chris White (St Albans)
Scott Crudgington for Owen Mapley (HCC)
Norman Jennings for Neil Hayes (LEP)
Tom Pike for Matt Partridge (Stevenage)
Geoff Muggeridge for Jo Wagstaffe (Three Rivers)

The Chairman welcomed Anthony Roche to the Board, succeeding David Scholes as Chief Executive of North Herts District Council.

The Chairman also welcomed Stephen Giles-Medhurst to the Board. It was noted that Cllr Giles-Medhurst, as Deputy Leader of Three Rivers, would be permanently representing Three Rivers District Council on behalf of its Leader, Cllr Sarah Nelmes.

2. Minutes

The Minutes of the Board meeting held on 7 July 2020 were confirmed as a correct record.

Admin note: Due to the guests present, these were considered at the end of the meeting to allow for the efficient running of the meeting.

Admin note:Due to the fact that the meeting was held virtually, the minutes of the meeting will be signed by the Chairman at the next non-virtual meeting of the Committee

3. Feedback from MHCLG Deputy Director John McManus and Harry Roberts Head of Local Delivery on Hertfordshire Growth Deal discussion

3.1    
The Board welcomed John McManus, Deputy Director at the Ministry of Housing, Communities and Local Government, and Harry Roberts, Head of Local Delivery, to the Meeting. Other MHCLG and Homes England team members joined the meeting to observe the first item, Colin Lovegrove, Adam Serroukh and Sian Hughes.

3.2    
The Board were pleased to hear the positive feedback and supportive comments from Mr McManus and Mr Roberts regarding the work that Hertfordshire had been doing on its Growth Prospectus including during the Covid period and positive engagement of officers with officials in the last 6 months with regards to the work.

3.3  
It was highlighted to the Board that the direction of travel for central government was to revive the housing market post COVID and as such officers were encouraged to increase the focus of the structure of the bid to concentrate on short term rather than long term housing development and delivery.

3.4   
Further to discussion, advice was received that it was important to continue with the growth plan irrespective of any potential devolution plans or outcomes of the Spending Review, which were as yet unknown. Some assurance was received that the success of the Board’s plans would not be affected by any future decision regarding devolution.

3.5   
Further to a board member comment, it was acknowledged that consideration should be given to ensuring that a broad and sustainable range of housing (i.e. affordable, or to accommodate special needs) should be part of the development plans.

3.6    
It was further acknowledged that due to the broad range of affluence within the county, central government should widen their ‘levelling up’ agenda to reflect such local disparities rather than just a national north/south divide.

RESOLVED

3.7      
Members noted the feedback from MHCLG.

4. Hertfordshire Growth Board (HGB) Growth Board Programmes Update

4.1    
Board members received a verbal update on the programmes being undertaken by the Growth Board.

4.2    
The Board were pleased to learn that the Hertfordshire Growth Board microsite was now live and a series of webinars were now taking place to promote and increase understanding of the purpose and work of the Growth Board.

4.3      
The Board were advised that good progress had been made on the Southern East-West corridor  programme and a meeting on the 28 July 2020 had discussed the various projects being undertaken or being planned, including planning for 2050 targets.

RESOLVED

4.4    
Leaders noted the overall progress across the Growth Board programme and individual workstreams since the last meeting.

5. Hertfordshire Growth Board (HGB) Growth Board Programmes & Growth 

Board Governance

5.1     
Board members considered a report outlining considerations regarding the future governance arrangements of the Board, exploring the possibility of the Hertfordshire Growth Board becoming a Statutory Joint Committee.

5.2      
In response to member concerns, it was acknowledged that not all district councils had a scrutiny process and as such consideration would need to be made as to how those district councils would undertake this requirement. Officers would follow up with further advice to the September Growth Board meeting.

5.3     
Some Board members also expressed reservations about making any decisions regarding governance until the outcomes of the devolution and spending review were known, however, they acknowledged the need to move to a formal process in this area.

5.4     
In response to a Board Member query, it was confirmed that a representative from the Hertfordshire Local Enterprise Partnership would continue to be present on the Statutory Board.

5.5     
It was also agreed that consideration would be made to allow Leaders to appoint substitute members of the board if Leaders were unable to attend a meeting due to   sickness or absence.

RESOLVED

5.6 
Further to a vote using the MS Teams chat function Leaders and the LEP Chair unanimously agreed:

  • Moving the Growth Board to a statutory joint committee in Autumn 2020
  • The Hertfordshire Monitoring Officers Group being asked to prepare Terms of Reference, common committee reports and advise on the steps needed to implement the joint committee and future scrutiny arrangements.
  • All councils and the LEP taking the necessary decisions through their individual processes to be able to implement this change within the desired timescale.

6. Hertfordshire Growth Board (HGB) – MHCLG Workstream: Growth and Recovery Prospectus 2020 (working draft version 8) and Sequenced Delivery Plan

Not for future publication because of the confidentialand developing nature of the strategic matters this paper deals with.

7. Standing items

South West Herts Joint Plan

7.1    
It was noted that a further online engagement event was being planned for this stage of consultation, and there had been a lot of ‘hits’ to the website and subsequent feedback from interested parties.

8. Date of next meeting

8.1   
It was agreed that the date of the next meeting would be 8 September 2020 at 9.30am

9. Any other business

None recorded

 

Agenda Item 3

Hertfordshire Growth Board (HGB) – Growth Board Programmes Update
Report Author: Patsy Dell, Hertfordshire Growth Board (Tel: 07949 887794)

1. Purpose of report

1.1
This report provides a short update on the overall progress of the key Growth Board programmes. More detailed updates also appear in other reports on this agenda as follows:

Ministry of Housing, Communities and Local Government (MHCLG) Workstream – item 4 on this agenda;

2. Overall Growth Board Work Programme Update

2.1
By way of recap, the March HGB meeting agreed priority work for the next six – nine months (at that time the period of focus for negotiations with HM Government) to cover and including:

  • Meeting the commitments set out in the letter to the Secretary of State from January 2020 on behalf of all Leaders;
  • Responding to the invitation from MHCLG to work with them to develop a proposition to secure HM Government support (including our level of ambition, what can be achieved in the next five years (delivery and devolution new models);
  • An initial portfolio of prioritised corridor delivery projects known as ‘Wave 1’ including:
    • Where detailed Business Cases for infrastructure interventions could be developed in time for Spending Review (SR) 2020 (i.e. before summer recess);
    • Progress that can be made over the next 0 – 5, 6 – 10 years development and delivery window;
    • Projects which will contribute to accelerated outcomes and recovery: employment sites, jobs and housing delivery (with increased affordable housing availability).

2.2
Feedback from MHCLG at the August HGB meeting was positive and is dealt with in item 4 on this agenda. No change to the focus of HGB work at the corridor level is required at the present time.

3. Updates on Corridor Growth Delivery Programmes and workstreams

3.1
Both Growth Corridors have established Governance arrangement and are overseeing the development of the Wave 1 projects into fully fledged delivery programmes, working to a set of key deliverables and milestones linked to the timetabling agreed with MHCLG.

3.2
Project Management Office (PMO) supporting arrangements are now establishing a common suite of planning and reporting documents for use at the programme board and project team level. These are being tested and trialled within both East – West corridor boards to ensure that they provide a consistent, streamlined and fit for purpose level of accountability and milestone reporting from local project management levels through the corridor programme boards and into HGB.

3.3
Appendix 1 has an update from each of the corridor projects showing recent milestones and current status.

4. Update on Place Narrative, Branding and Communications workstream

4.1
The last Growth Board received a presentation on the progress with implementing the new HGB branding and visual identity work as well as the new micro-site. The HGB Micro site was launched in  July and is now live at www.hertfordshiregrowthboard.com .

4.2
Other communications activity in August included the second in  a series of three webinars on the work of the Growth Board and its partners, hosted by the Voice of Authority https://www.thevoiceofauthority.co.uk/webinar/ . The focus this time was on economic recovery. Again, we saw good interest and attendance and positive feedback on the work of the Growth Board.

5. Update on Growth Board Accelerated Housing Delivery Programme

5.1
The team is now working directly with the virtual MHCLG/Homes England team that are reviewing the Hertfordshire data as part of the Growth Deal discussions. This is covered more fully in the agenda report at item 4.

6. Next Steps

6.1
Priorities for the coming month are to move forward on the MHCLG engagement and progressing our case for a Growth and Housing Deal, the establishment of the Joint Committee and the corridor project work. Over the rest of the summer/early autumn it is expected that there will be further feedback from MHCLG and a process of check and challenge back to Hertfordshire on the details that are included within our deal proposals.

6.2
Communicating this progress and next steps beyond the Growth Board will also be important. Briefing MP’s, key stakeholders, and keeping other members and staff involved on the wider work in touch with what is happening will be progressed.

7. Recommendation

7.1
That Leaders note the overall progress across the Growth Board programme and individual workstreams since the last meeting.

Agenda Item 5

Hertfordshire Growth Board (HGB) Growth Board Joint Committee Establishment and Governance Framework
Report Author: Patsy Dell, Hertfordshire Growth Board (Tel: 07949 887794)

1. Purpose of report

1.1
This report deals with the proposed Governance Framework and matters of relevance in   moving the Growth Board to a Statutory Joint Committee with associated Scrutiny Function.

2. Background

2.1
The Hertfordshire Growth Board is currently operating to provide strategic co-ordination around growth and place leadership for the eleven councils and Local Enterprise Partnership in Hertfordshire. The Growth Board Governance is through an agreed Terms of Reference (TOR, latest version from March 2020) and a collaboration MOU (October 2019).

2.2
Hertfordshire Growth Board is in negotiation with HM Government to secure a Growth Deal which will require a formal governance model to provide accountability to government and good governance and transparency in the local management and use of any funds received under such an arrangement. In addition, the Growth Board model has served and is likely to continue to need to serve the aligned functions of:

  • Strategic direction, monitoring, delivery and co-ordination of current and future Growth Board strategy, programmes and implementation of any Growth Deal
  • Governance body that secures strategic collaboration and delivery across the councils and with the LEP on place, economic performance and infrastructure matters
  • Acts as the place leadership body for Hertfordshire that provides a single voice to Government, also identifies, promotes, lobbies for Hertfordshire’s interests and for funding
  • Oversight, accountability for and prioritisation of the Growth Board Growth fund

2.3
At a workshop in late June Leaders agreed that a statutory Joint Committee was their preferred governance model for the Growth Board in the event that Hertfordshire was successful in negotiating a Growth Deal with HM Government.

2.4
At the Growth Board meeting on 4 August it was agreed to progress more rapidly with evolving the Growth Board into a joint (s.101 type) committee and for that to happen this year. This recognises the advantages for Growth Board partners in signalling the strong local commitment to the Growth Board work, its delivery programmes and co-ordinating role now and in the future (going above the commitments set out in the existing MOU) including:

  • Early establishment of the formal governance structure for the Growth Deal and current Growth Board programmes will make it easier for that work to be kept separate from, and continue to make progress, whilst discussions about the implications of the forthcoming economic recovery and devolution white paper take place
  • Helps maintain government and investor confidence in the visible alignment of business, political and civic support to delivery commitments in Hertfordshire
  • Would aid openness and transparency in decision making for Leaders and councils whilst the Growth Deal negotiations move forward over the next 6 months
  • Provides a governance vehicle that would not compromise, advantage or disadvantage any future devolution position or option but would allow Hertfordshire to pursue a Growth Deal within the current window of opportunity

2.5
Giving the Growth Board formal joint committee status under s.101 would require it to be appointed and empowered under the following legislative provisions. The Local Authority partners would be responsible for the formal establishment of the joint committee: –

  • S.101(5) and S.102(1)(b) Local Government Act 1972
  • S.9EB Local Government Act 2000
  • Part 4 Local Authorities (Arrangements for Discharge of Functions) (England) Regulations (2012).

3. Establishing the Governance model for the Growth Board as a Statutory Joint Committee

3.1
The Hertfordshire Heads of Legal and Monitoring Officers group has supported the preparation of the Integrated Governance Framework which is attached at Appendix 1. This Framework sets out the proposed HGB Terms of Reference; HGB Standing Orders; HGB Scrutiny Committee TOR; and HGB Scrutiny Committee SO’s. The Framework document has also been considered by the Chief Executives Co-ordinating Group.

3.2
The same but tracked version of the document at Appendix 2 and the paper at Appendix 3 shows the comments received as far as possible. Recognising that there will still be comments and (hopefully limited) tidying up  work to do after the Growth Board it is recommended that the sign off of the final version of the document (the one that is then taken through all democratic processes across the Hertfordshire Councils) be delegated to the Growth Board Director and Chief Executives Co-ordinating Group to complete.

3.3
Also subject to the decision of the Growth Board on 8th September, a common committee report will be prepared and made available for all partners to use (appended to each councils standard report format) when taking this matter through cabinet and councils (and the equivalent arrangements at each authority and to update the LEP Board). This will be available from later in September, in time for the first meetings where this is needed.

3.4
As with the Growth Board Memorandum of Understanding that all partners committed to late last year, a Growth Board joint communications plan will be drawn up with pro-active media arrangements covering the first publication of papers dealing with this change and managing communications jointly on this issue until the final council decision is taken.

3.5
Summary table and specific procedural and other issues to highlight:

The new Growth Board Joint Committee
The Committee will have 11 Local Authority Members and 1 co-opted member (Hertfordshire LEP) initially. Leaders are recommended to continue with the current membership arrangement but review inviting other co-opted members to join later e.g. Health, Government agencies, voluntary sector, Higher and Further Education. This change could be from the start of 2021/2022.

The Growth Board meets roughly every 6 weeks at the moment, this cycle has enabled the business of the board to move forward with appropriate pace. Unless Leaders wish otherwise this cycle could continue in 2021, mirrored by the scrutiny function once established.

The Joint Committee meetings will need to have a quorum – a sufficient majority of members (say 7) is suggested for this. Meetings will also need to follow the Covid and post Covid legislative requirements to facilitate public attendance and participation.

The Governance Framework suggests that the Growth Board chair and vice chair are selected for a term which could be two years with a maximum of two terms or the chairing/vice-chairing could be undertaken in rotation by all the partners.

The governance model proposes that achievement of consensus is the preferred decision-making route. However, in the situation where (anticipated to be rare) Executive decisions cannot be agreed by consensus and require a formal vote, a simple majority voting system is recommended. It is also suggested that the chair has a casting vote. (N.b. other alternative voting models do exist should Leaders wish to consider those).

Under the legislation the 11 Local Authorities have the formal voting rights. However, in recognition of the special relationship that the Hertfordshire LEP has with the Growth Board work, in those circumstances the board has to have regard to the advice of the LEP in the voting process. This is specifically highlighted in the document.

It is also recommended that a dispute resolution function is included in the framework.

Timeline for Implementation of the Joint Committee
Subject to all councils achieving support for the joint committee by the start of, or early December at the latest. The December Growth Board could be rescheduled to take place in its new joint committee format on (subject to agreement) Thursday 17th December.

Accountable Body
Hertfordshire County Council is the accountable body for the Hertfordshire Growth Board Growth Fund.

Arrangements for the accounting of any future funding received as part of any Growth and Housing Deal can be considered later or continue with the current arrangement.

Scrutiny Committee
There are a range of scrutiny options, but the framework proposes a scrutiny committee of 11 members drawn from the local authority partners. Each council to be asked to nominate their representative (and substitute). The recommendation is that the chair of the scrutiny committee or equivalent at the parent council is asked to do this, but it will be for individual councils to decide how they deal with this.

The number of Scrutiny Committee meetings will be established to match the Growth Board meetings in 2021, providing a pre-scrutiny approach. The first Growth Board Scrutiny Committee should take place in early 2021.

If Leaders feel that this new scrutiny function will necessitate a special responsibility allowance, then that will need to be considered and the details of that determined separately.

Secretariat
The Growth Board secretariat is currently funded from the Growth Board Growth Fund and provided by Hertfordshire County Council Democratic Services. The changes to the Growth Board and establishment of the aligned Scrutiny Committee will also need ongoing support and additional funding. The Growth Board Director and Chief Executives Group will ensure appropriate arrangements are put in place for this secretariat function to continue to be carried out.

3.6
Once agreed by the Growth Board, the Integrated Governance Framework will need to be adopted in its final form by each of the authorities and the LEP this autumn. Given this, it is not practicable to make further changes to the document council by council at individual meetings without there then needing to be a further round of consultation with all partners on those changes. The common committee report will hopefully assist by setting out the drafting and consultation process that has taken place as well as the research into other similar governance arrangement that has informed the preparation of the new Integrated Governance Framework document.

7. Recommendations

7.1
That Leaders/LEP Chair agree:

  • To ask all of the Hertfordshire Councils to support the establishment of the Growth Board Statutory Joint Committee and Scrutiny Committee this autumn, in time for the December Growth Board (as rescheduled) to take place under the new arrangements;
  • The Growth Board Statutory Joint Committee and Scrutiny Committees are established using the Integrated Governance Framework attached at Appendix 1 (subject to c below);
  • The Growth Board Director in consultation with the Chief Executives Coordinating Group to complete the preparation of the final version of the Integrated Governance Framework (to the extent of correction of any minor typographical, grammatical or other inconsequential matters to finalise the document) by the end of September;
  • The Hertfordshire Monitoring Officers Group and the Growth Board Director in consultation with the Chief Executives Coordinating Group complete the preparation of the common committee report by the end of September.