Agenda and minutes

The Chair will agree with Members the arrangements for management of the meeting, including the order of business, confirmation of Agenda items, including late reports and apologies for absence.

The Mayor agreed to take the items in the order as set out on the agenda.

This is the time for Members to declare any interest they may have in any matter being considered at this meeting.  Advice is attached.

Councillors Richard Crawford and Ian Corbett declared a personal interest in Item 11 – Joint Waste Development Plan Document for the East London Waste Authority Boroughs (JWDPD) by virtue of being board members of the East London Waste Authority (ELWA).

Decisions of the Mayor in consultation with the Cabinet made on 17 November 2011.

The minutes of the Cabinet meeting held on 17 November 2011 were agreed as a correct record.

Report of the Divisional Director for Leisure, Adults Community Leisure and Democratic Services

The Mayor in consultation Cabinet was asked to consider a report seeking agreement to keep the Atherton Leisure centre partially open for a period, perhaps up to 6 months in the interests of local residents who use the centre while a public consultation exercise is undertaken on options for the future of the facility and to allow thereafter a decision to be made in that respect. The report also seeks approval to start a selection process for a development partner to deliver a new leisure centre on the current siteshould that be agreed as the way forward.  This will ensure that any temporary closure of the facility would be minimised.

Reason for Urgency

The decision for the Atherton Leisure centre to remain open beyond the end of 2011 needed to be taken urgently to allow time to implement the decision by the end of the year including concluding an agreement with the leisure operator to keep certain facilities in the centre open beyond that date.

Reason for Lateness

It had not been possible to provide all the information which is required for this report, which includes information from a number of different services within the Council and advice from external advisers before the date of publication of this report.

Exempt Information

Appendix C was not for publication by virtue of category 3 as it is legally privileged as it contained information to which a claim to legal professional privilege could be mentioned in legal proceedings. The public interest in maintaining this exemption outweighs the public interest in disclosing the information as it is not in the public interest that this legal advice be made publicly available as the public interest will be best served by the Council being able to retain legal professional privilege relating to this advice.

In line with the requirements of the revised Contract Standing Orders, set out in this report for the Mayor’s information and consideration are details of a proposed future procurement which is above the EU thresholds for works . The tender acceptance report will be submitted to Cabinet or Mayor Proceedings for approval.

Decision

The Mayor in consultation with Cabinet:

·  Agreed that the Atherton Leisure centre should remain open (with reduced facilities comprising gym and free weights area only) until at least the end of June 2012;

·  Agreed that officers should implement a public consultation programme on options for the future of the centre;

·  Agreed that the capital budget required for the Atherton Leisure centre be formally added to the council’s capital programme;

·  Agreed to the commencement of the first phase of a procurement process (pre-qualification questionnaire stage) to select a development partner for the potential delivery of a comprehensive redevelopment of the Atherton Leisure Centre site including a new leisure facility for the reasons set out in paragraph 2.6 of this report. To note that the Head of Procurement, in consultation with the Divisional Director Legal and HR, will agree the scope of the OJEU notice and the specification; and

·  Agreed  ...  view the full minutes text for item 4.

Report of the Director of Finance

The Mayor in consultation with Cabinet was asked to consider a report setting out the initial proposals for the Council’s Budget Framework and Council Tax levy for 2012/13 along with proposed arrangements for the 2012/13 Corporate Plan

The report is urgent in order to commence the budget framework consultation process in time for the 2012/13 Budget and Council Tax to be approved at Council in February 2012

The 2012/13 Grant Settlement will be announced week commencing 5th December 2011.  As such some figures used in this report are unconfirmed and others not yet available.

Decision

The Mayor in consultation with Cabinet agreed:

1.  To note the current 2011/12 Budget position as set out in section 2 of the report;

2.  the following key themes for the 2012/13 Budget and Medium Term Financial Strategy as set out in section 3 of the report;

3.  the continued investment in services that meet the needs and requirements of the residents of the borough;

4.  the continued generation of budget savings through greater levels of efficiency and cost effectiveness of service delivery, the optimisation of income and the withdrawal from services that no longer serve residents and customer needs;

5.  to maintain balances at a prudent level;

6.  to note the 2012/13 provisional Grant Settlement details as set out in section 4 of the report;

7.  the following initial proposals for the 2012/13 Budget Framework

8.  The General Fund Budget Requirement for 2012/13 to be set at £274.8m as set out in section 7 of the report;

9.  any provision for growth to be considered in February 2012 after the final grant settlement has been announced, notification from levying bodies received and the final budget savings agreed. Growth items as set out in section 7 and table 3 of the report;

10.to note the external cost pressures as set out in paragraph 7.2 and 7.4 of the report;

11.to no increase in the Newham element of Council Tax for 2012/13.  This will mean a Band D tax of £945.63 representing no change since 2008/0;

12.that balances not to fall below the minimum prudent level as determined by the Director of Finance.  No use of balances to support the 2012/13 Budget;

13.to a further Star Chamber savings programme of £15.321m in 2012/13 in addition to the savings already agreed for the Star Chamber 4 programme of £29.464m. Total savings for 2012/13 will total £44.785m as set out in section 8 of the report;

14.that the Dedicated Schools Budget (DSB) is set at the level of the Dedicated Schools Grant (DSG).  The provisional DSG figure will be released week commencing 5th December 2011;

15.the proposals for the Housing Revenue Account (HRA) Budget and rent increase be submitted to the Mayor in consultation with his Cabinet and Council in February 2012;

16.that during the coming weeks the intensity of the budget setting process will increase. An outline of the steps that will need to be taken in order to set  ...  view the full minutes text for item 5.

Report of the Executive Director Regeneration Planning and Property

The Mayor in consultation with Cabinet considered a report seeking approval for the submission to the Secretary of State of the 2010/11 Local Development Framework Annual Monitoring Report.

Decision

The Mayor in consultation with Cabinet agreed to:

1.  Note the content of the Local Development Framework Annual Monitoring Report 2010/11 (AMR);

2.  Delegate authority to the Executive Director, Regeneration Planning and Property to submit the AMR to the Secretary of State prior to December 31st 2011, and to publish on the Council’s website; and

3.  Note that following the bringing into force of the relevant provisions of the Localism Act in 2012, arrangements for monitoring the LDF will change, and will exclude the requirement to submit to the Secretary of State.

Reasons for the Decision

Submission of the AMR to the Secretary of State is a statutory requirement.

The report and decision have complied with Part 4.5, paragraph 16 of the Constitution.

The decision is not subject to the Call-In process and may be implemented immediately.

Report of the Divisional Director, Adults Transformation

The Mayor in consultation with Cabinet considered a report which described the next stage of transformation, which will be an options appraisal on the council’s integrated community equipment service. Dependent on the recommended option of that later phase Newham workers could be at employment risk.

The Transformation of Community Equipment Services (TCES) is an important element within health and social care policy as set out in the Putting People First (PPF) agenda.  PPF puts people at the heart of the decision making process and enables them to identify their needs and make choices about their support.

Community Equipment are products that help disabled, vulnerable and older people live as independently as possible in their own homes and help with efficient hospital discharge.

There is currently an in-house council service that provides all community equipment, this is part funded by NHS East London and the City. The demand for community equipment is increasing and the number of older people in Newham is set to grow dramatically. Community equipment is classified into two categories, small items and complex items. The proposal is to provide small every day items of community equipment through a retail model which will provide residents of Newham with greater choice over where they can get equipment from. Rather than the council providing this equipment directly, people will receive a prescription which can be redeemed at an accredited equipment provider. This will include a range of different providers, for example mobility centres, local pharmacies and not for profit organisations. Provision will be made for equipment to be delivered if customers are unable to collect it themselves.

The retail model is a recommended business model from the Department of Health and has already been implemented in 17 London boroughs with largely successful results to date. The model will make better use of Newham's resources by reducing council overheads and means a greater proportion of business is provided by the local market.

The Mayor approved of the proposals and instructed Officers to explore the options available to convert Phase 2 of the project into a small business.

Decision

The Mayor in consultation with Cabinet agreed to:

1.  the implementation of the transforming community equipment service retail model for the provision of simple items of community equipment. This is to be implemented from January 2012 through to July 2012; and

2.  note the progress in developing an options appraisal for the future service model for complex equipment.

Reasons for the Decision

There are four main reasons:

1.  There will be improved outcomes for Newham residents through a faster service to obtain simple aids to daily living, whilst maintaining swift hospital discharge.

2.  There will be improved outcomes for Newham residents by creating a retail market through which our customers will have better access to services and equipment knowledge.

3.  There will be choice and control for Newham residents whilst supporting Mayoral policy of resilience by supporting people to be more independent and use local community resources. 

4.  The proposal also addresses  ...  view the full minutes text for item 7.

Report of the Executive Director Regeneration Planning and Property

The Mayor in consultation with Cabinet considered a report seeking Cabinet approval to create and implement a Community Infrastructure Levy (CIL) in Newham.

The Planning Act 2008 and the Community Infrastructure Levy Regulations 2010 have introduced a new regime for funding physical, social and green infrastructure to support new development, as outlined in the borough’s Core Strategy.  Developers will be charged per square metre of new residential and commercial floorspace.

The introduction of a Community Infrastructure Levy is not a mandatory requirement for local authorities.  However, the new legisation effectively scales back the scope of Section 106 legal agreements, primarly to affordable housing (and central government are also considering bringing this within the CIL regulations) and on site mitigation measures.

Decision

The Mayor in consultation with Cabinet:

1.  Agreed that officers will undertake the necessary work to implement a CIL for the borough to ensure developers contribute to infrastructure made necessary by their development; and

2.  Note that officers will report the Preliminary and Draft Charging Schedules to Cabinet in accordance with the indicative timetable set out in paragraph 2.4 of the report for approval to undertake public consultation.

Reasons for the Decision

Cabinet approval is necessary to implement a CIL so that developers contribute to funding infrastructure delivery in the borough.

The only alternate option would be to not introduce a CIL.  This is not recommended as the CIL regulations scale back the scope of Section 106 Agreements so even if the Council does not implement a CIL we will not be able to continue receiving fruitful contributions from developers through Section 106 Agreements.  Also, the Mayor of London is introducing his CIL for Crossrail, it is expected to be charged from 1 April 2012 and the Council will have to do work to collect the Mayor’s CIL even if we do not have our own CIL in place.  The Council can reclaim any administrative costs arising from implementing and collecting a CIL.

The report and decision have complied with Part 4.5, paragraph 16 of the Constitution.

The decision is not subject to the Call-In process and may be implemented immediately.

Report of the Acting Divisional Director, Housing

Exempt Appendices A and B attached as Agenda Item 18.

The Mayor in consultation with Cabinet considered a report seeking Cabinet approval to initiate formal compulsory purchase action on a total of 2 privately owned empty properties (see appendix 1 & 2) as part of the empty property enforcement programme.

The programme has been running since 1997 with the aim of ensuring that empty homes and land are brought back into sustainable use.  Enforcement action is targeted where properties give rise to neighbourhood blight, nuisance, anti social behaviour and providing increased housing opportunities in existing residential areas of the borough.

Homes brought back into use through this programme can be counted towards the new homes bonus.

Compulsory Purchase Orders (CPOs) are used as a last resort to tackle abandoned properties and land. In the vast majority of cases the sustained threat of enforcement action forces owners to renew and reoccupy property without further intervention. However, where all other approaches fail it may be necessary to compulsorily acquire property.

Decision

The Mayor in consultation with Cabinet:-

1.  Agreed the making of 2 separate compulsory purchase orders under Section 17 of the Housing Act 1985 for the purpose of providing housing accommodation in respect of the buildings at the various addresses listed as Appendices 1 & 2 to this report;

2.  Authorise the Divisional Director of Legal and Democratic Services to take all necessary steps to:-

a. obtain confirmation of the orders;

b. obtain possession of the lands following confirmation;

c. complete the acquisition of the lands and effect immediate disposal in line with the Council's regeneration and other strategic objectives;

3.  Delegate to the Executive Director of Environment, in consultation with the Divisional Director of Legal and Democratic Services, authority to make offers to acquire by agreement any of the properties, and if successful to acquire any of those properties, listed in the Appendices to this report; and

4.  Agree that the Common Seal of the Council be affixed to the Orders, Maps, and elsewhere as necessary.

Reasons for the Decision

CPO action is used as a last resort enforcement tool to bring privately owned property and land back into use, remove eyesores and help reduce anti social behaviour associated with these sites and vacant homes.

This decision is subject to the call-in process as the decision was based on part exempt information.  The call-in period will expire at 5pm on 27 December 2011.

Report of the Divisional Director of Regeneration

Exempt Appendix 2 attached as Agenda Item 20

The Mayor in consultation with Cabinet considered a report seeking an in principle agreement to appropriate the Phase 2 Rathbone project land from private road purposes to planning purposes under section 122 Local Government Act 1972.

The Development Agreement for the Rathbone Market redevelopment in Canning Town was signed between the Council and English Cities Fund in December 2006.  Since that time work has progressed on the scheme with site assembly of Phase 1 complete and the scheme on-site.

The Council is pressing ahead with Phase 2 with a reserve matters planning application to be submitted in March 2012 which includes the Council taking 1,115 m2 of space for a Library and Community Hub.

The Council is contractually responsible for site assembly and has made progress with phase 2 through negotiation and has also commenced compulsory purchase proceedings.

Decision

The Mayor in consultation with Cabinet agreed:

1.  To give an in principle agreement to appropriate the Phase 2 Rathbone project land from private road usage for planning purposes under Section 122 Local Government Act 1972; and

2.  Delegate to the Executive Director of Regeneration Planning and Property, on consideration of a report which would include the reasons for using appropriation powers, to formally approve the appropriation of the land for planning purposes once the detailed planning application is approved.

Reasons for the Decision

To enable Phase 2 of the Rathbone Market development scheme to proceed.

This decision is subject to the call-in process as the decision was based on part exempt information.  The call-in period will expire at 5pm on 27 December 2011.

Report of the Divisional Director Development Services

The Mayor in consultation with Cabinet considered a report seeking a commendation from Cabinet to Full Council to adopt the Joint Waste Development Plan Document for the East London Waste Authority Boroughs.

Decision

The Mayor in consultation with Cabinet agreed to:

1.  Note that the Joint Waste Development Plan Document (JWDPD) for the four East London Waste Authority Boroughs has been found ‘sound’ subject to the inclusion of recommended changes to the submission draft by an independent planning inspector. These changes are listed in the main body of the report;

2.  Note that the Inspector’s report is binding and therefore no further material amendments can be made to the plan;

3.  Note that the date for proposed adoption will coincide with the last of the four boroughs’ Full Council meetings (or equivalent), and that this will be followed by a six week period for the Council to receive any notice of Judicial Review. After the six week period, the plan would be considered fully adopted;

4.  Delegate to the Executive Director of Regeneration, Planning and Property in consultation with the Lead Member, authority to make any further minor amendments to Joint Waste Development Plan prior to publication; and

5.  Recommend to Council that the Joint Waste Development Plan Document, at this stage comprising Appendix 1 and 2 to this report, should be adopted.

Reasons for the Decision

These actions are necessary in order to comply with the Planning and Compulsory Purchase Act 2004 and to enable the enactment of regulation 36 of the (Town and Country Planning (Local Development) (England) Regulations 2004) with regard to the adoption of Development Plan Documents.

The report and decision have complied with Part 4.5, paragraph 16 of the Constitution.

The decision is not subject to the Call-In process and may be implemented immediately.

Report of the Executive Director for Children and Young People Services

Exempt Appendix 1 attached as Agenda Item 19

The Mayor in consultation with Cabinet considered a report on the outcome of the Aiming High Continuation group based short breaks tender as requested at Mayoral proceedings on 6^th October 2011 and seeking to obtain approval to award contracts to the providers detailed within exempt Appendix A

Decision

The Mayor in consultation with Cabinet approved the awarding of contracts to the providers listed in Exempt Appendix A to provide group based short break provision in Newham under the following categories:

·  Residential & Overnight

·  School holidays and weekends

·  After School

Reasons for the Decision

All bids submitted for the Aiming High Continuation group based short breaks tender have been thoroughly evaluated.  The providers who submitted the highest scoring bids across quality, price and interview elements were recommended for contract awards.

Having completed a thorough and stringent procurement process we are confident that the recommended providers will provide quality short break provision for disabled children, young people and their families whilst providing value for money.

This decision is subject to the call-in process as the decision was based on part exempt information.  The call-in period will expire at 5pm 27 December 2011.

Report of the Divisional Director – Adult Services Transformation

The Mayor in consultation with Cabinet considered a report providing a background to the meals services including current costs and demand and a proposal to decommission the service in order to develop alternative approaches to meeting assessed needs.

Adult Services currently provide meals in the home and meals at the Resource Centre, Chargeable Lane (primarily for older people) via a contracted provider.  Until recently this service has been heavily subsidised by LBN.  Charges were increased in October in line with the Charging Policy.

Having reviewed needs, demand, cost and likely future demand, Adult Services proposes to decommission the current meals in the home service.  Instead it is proposed to provide people with information and support to choose alternatives that are available in the local community or to use their support in a different way so that they can be supported to prepare a meal.  Individuals would be responsible for the costs of their own meals and Adult Services will provide information and support where necessary according to individual need.

Adult Services also proposes to decommission the meals at the Resource Centre contract and instead offer a business opportunity to establish a self sustaining café at the Resource Centre that operates independently from the local authority.

Decision

The Mayor in consultation with Cabinet agreed to decommission and serve notice on the current contracts with Fresh CM, the meal provider, in line with contract provisions.

Reasons for the Decision

Whilst Newham has a statutory duty to assess an individual’s presenting needs for social care services it has no statutory duty or responsibility to provide a meals in the home services to individuals. 

Officers believe there are better ways of meeting individual’s needs that provide more choice and control to individuals, promoting independence and resilience.

The meals service no longer fits with the current model of personalisation within adult social care.

The current service no longer provides value for money to individuals or the local authority.

The proposals will free up money from a block contract to enable people to make individual choices in the future.

The consultation indicated that people are not happy with the current service at the new costs.

The report and decision have complied with Part 4.5, paragraph 16 of the Constitution.

The decision is not subject to the Call-In process and may be implemented immediately.

Executive Director, Adults, Community, Leisure and Democratic Services

The Mayor, at the Cabinet meeting held on 21 July 2011, received a report and agreed the Council’s representation on Outside Bodies for 2011 / 2012.  Further reports are submitted to during the year where additional appointments are necessary or where changes are required.

Decision

The Mayor agreed to nominate Councillor Alec Kellaway to the Newham Sixth Form College (NewVIc) Governing Body for a four year period December 2011 – December 2015.

Reasons for the Decision

To ensure appropriate representation on external bodies.

The report and decision have complied with Part 4.5, paragraph 16 of the Constitution.

The decision is not subject to the Call-In process and may be implemented immediately.

Report of the Acting Executive Director for Customer Services

Exempt Appendix 1 attached as Agenda Item 22

The London Borough of Newham is transforming the way it delivers customer services. As part of the Customer Access Strategy we are looking at everything we do to ensure that we deliver the most efficient, convenient and cost effective service for our residents. These changes will enable us to concentrate on focusing our resources on delivering the services our residents need most.

Unlike many other local authorities across the UK following the Comprehensive Spending Review, LBN will not be closing any libraries.  The Council is investing in the libraries to transform them into buildings where residents can educate themselves and their children, and make transactions with the Council through self-service provision, such as the payment of rent and Council Tax.

The improvements will result in the following:

·  Two large library facilities – one at Stratford and one at East Ham, where customers can use a range of facilities to transact with the Council, quickly and easily.

·  A network of 8 other libraries where customers will be able to carry out a wide range of simple council transactions using the self -service points or PCs available.

·  Bright, friendly, modern facilities which make the most of the space in each building.

·  Family friendly children’s spaces that allow free movement and better accommodation for events.

·  No reduction in library book stock.

·  The continuation of our free event programme.

·  An increase in computer provision of 20% across all buildings.

This transformation requires a programme of temporary closures to allow for refurbishment of existing buildings, of which Stratford Library is one. 

As part of this refurbishment, Stratford Library will be significantly improved. There will be no reduction in library stock and the children’s library will be retained on the ground floor to maintain easy access. The new layout will feature a flexible children’s area and a teenager’s section, as well as 13 additional computers providing access to the internet for both adults and young people (taking the total computers available to the public up to 42). The popular study area will also be expanded.

The new layout will offer a more flexible children’s space than previously by removing partitions that separated the children’s area from the wider library space.  The removal of the partitions around the current children's library space will increase visibility for staff, and therefore safety for customers and their children.

More community space will be open to the public, which can be used for children and families during the daytime, and adults in the evening.

The Mayor gave approval at Mayoral Proceedings on 7^th July 2011, for the works to be tendered.  This report seeks approval to award the contract to the successful tenderer.

Reason for Urgency

To maintain the delivery of the buildings refurbishment plan, which supports the realisation of Customer Services’ savings.

Reason for Lateness

The timetable for completion of the tender process did not complement the Council’s Forward Plan timetable. Implementation of the proposed refurbishment is an urgent requirement.

Decision

The Mayor in consultation with Cabinet agreed  ...  view the full minutes text for item 15.

Set out in the attached report is a list of those items scheduled for this meeting which have not been submitted and a list of those items scheduled to be considered at the next meeting.

The Mayor noted:

1.  the items originally scheduled for this meeting of Cabinet but which were not submitted, together with the reason for the delay and the rescheduled date; and

2.  those items listed on the Forward Plan scheduled to be considered at the next meeting of Cabinet.

In accordance with Section 100(A)(4) of the Local Government Act 1972, the Committee is asked to resolve that the press and public be excluded from the meeting for specific items of business on the grounds that they may involve the likely disclosure of exempt information as defined in the paragraph of Part I of Schedule 12A to the Act, as amended.

Agreed to exclude the press and the public from the remainder of the meeting during consideration of the following exempt information:

·  Exempt Appendices A and B for Agenda Item 9.

·  Exempt Appendix 1 for Agenda Item 12.

·  Exempt Appendix 2 for Agenda Item 10

·  Exempt Appendix C for Agenda Item 5

·  Exempt Appendix 1 for Agenda Item 15