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 meeting commenced at 5pm, with the Deputy Mayor noting that the meeting was inquorate, but advised that Councillor Unmesh Desai was expected.

Councillor Unmesh Desai arrived at 5:03pm, rendering the meeting quorate and the Deputy Mayor commenced with the business on the agenda.

The Deputy Mayor agreed to take the items in reverse to 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.

There were no declarations of interest.

Decisions of the Mayor in consultation with the Cabinet made on 22 September 2011.

The minutes of the Cabinet meeting held on 22 September 2011 were agreed as a correct record.

Report of the Director Highways Transport and Parking.

The Deputy Mayor in consultation with Cabinet was asked to consider a report seeking approval of the proposed highway inspection regime and to the principle of determining responses to highway defects by risk assessment, including endorsement of the proposed risk register of highway defects.

The current method of managing highway defects is through the traditional method of prescribed levels of defect severity, based on the old superseded Code of Practice. The new way of working would enhance service efficiencies and improve overall cost effectiveness of the highway maintenance service.

Managing highway defects through risk management is now the accepted good practice, as recommended by “Well Maintained Highways”, the Code of Practice for Highway Maintenance Management. Risk management is espoused by the Insurance Industry, in respect of third party highways liability claims and failure to meet these good practice guidelines could adversely affect the Council’s repudiation rates of these claims.

Following consideration of this report at Mayoral Proceedings on 17 February 2011, enquiries were made, not only with the Royal Borough of Kensington and Chelsea, in respect of their protocol for highway defects, but also with their prospective partners, the City of Westminster and the London Borough of Hammersmith and Fulham. These enquiries indicated that the proposed highway inspection regime and risk register fully conform to the requirements for good practice.

The Divisional Director Highways, Transport and Parking advised that the current regime was not robust; the roads in Newham were in a poor state due to a lack of investment and financial constraints. A proper protocol would address this issue and over time, give residents a better maintained asset.  In addition, the Divisional Director agreed to amend the proposals to address concerns relating to pedestrians from poor drainage on roads and pavements.

Following discussions, it was agreed that an annual report be presented to Cabinet showing the progress on saving money and dealing with litigation matters.

Decision

The Deputy Mayor in consultation with Cabinet agreed to:

1.  approve the safety inspection frequencies;

2.  approve the principle of risk assessment in determining the appropriate response to the discovery of hazardous highway safety defects;

3.  Endorse the list of defects to be recorded, together with associated investigatory levels;

4.  Endorse the principles of risk assessment;

5.  Endorse the risk register;

6.  authorise the Divisional Director Highways Transport & Parking to initiate the change in the highway inspection regime, to meet the requirements of the risk management protocol, with effect from 1 October 2011;

7.  authorise the Divisional Director Highways Transport & Parking to review, on an annual basis, in consultation with the Executive Member Infrastructure & Environment, the risk register of highway safety defects, taking account of all appropriate circumstances appertaining at the time; and

8.  an annual report be presented to Cabinet showing the progress on saving money and dealing  ...  view the full minutes text for item 4.

Report of the Divisional Director Highways Transport and Parking.

The Deputy Mayor in consultation with the Cabinet was asked to consider a report seeking approval to retain the pedestrian railings outside East Ham station, as a means of protecting the weak footways against errant vehicles mounting the footways.

Decision

The Deputy Mayor in consultation with Cabinet agreed to the:

1. retention of pedestrian railings across the East Ham Station bridge.

Reasons for the Decision

The footways over East Ham Station Bridge have failed the assessment under Accidental Wheel loading. The Railway Authority has requested the Council to provide protection to the footways to mitigate risk of accidental wheel loading, which could otherwise result in the failure of the bridge.

The existing pedestrian railings across the bridge were considered to be satisfactory by the Railway Authority as a compromise to the Type 2 metal parapet that is required by design to retain an errant vehicle.

During the High Street North highway renewal works the extent of these railing has been reduced further across footways on both sides. Consequently, this has increased the ability for vehicles to get on to the footways and measures will need to be taken to prevent this from occurring. The pedestrian railings provided are ornamental and less intrusive than the metal parapet Type 2. It is recommended that the pedestrian railings are retained for continued protection with bins strategically placed to prevent vehicles from driving onto the footways at these locations.

Alternative means of protection using planters would reduced footway widths and restrict movement of pedestrians.  Provision of bollards is not feasible due to insufficient depth for foundations.

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 Community Safety.

The Deputy Mayor in consultation with Cabinet was asked to consider a report providing details of the Safe and Secure scheme, and which sought approval to participate in the scheme.

‘Safe and Secure’ is a pan London Scheme that provides a framework for the Police, London Boroughs and other key partners to work in collaboration to move families at high risk as a result of their being associated with, or targeted by, persons involved in gang activity.

The Divisional Director Community Safety stated that 9 London boroughs were participating in the scheme, and the more boroughs involved, the more effective the scheme would become, with a view to the scheme operating at a national level.

Following discussions, it was agreed that a monitoring report would be presented to Cabinet and relevant Members detailing the in and outflow from the Borough.

Decision:

The Deputy Mayor in consultation with Cabinet agreed subject to monitoring being undertaken to:

1.  the Council implementing the Safe and Secure scheme within Newham;

2.  a review of its impact, cost and implementation to be undertaken after 1 year to establish whether the Council should continue to be involved in Safe and Secure; and

3.  agreed that a monitoring report would be presented to Cabinet and relevant Members detailing the in and outflow from the Borough.

Reasons for the Decision

An increase in serious youth violence has been identified as a priority for the Crime and Disorder Reduction Partnership. The Safe and Secure scheme provides a framework for partners to work more effectively across London boroughs to manage the risk of violence associated with a very small number of high risk cases where gang related violence is a factor. As such, adopting this scheme can support any overarching strategy agreed to address serious youth violence.

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 Director of Housing Services.

The Deputy Mayor in consultation with Cabinet was asked to consider a report providing projections detailing the financial benefits of implementing target rents for new tenants from January 2012.

Decision

The Deputy Mayor in consultation with Cabinet agreed to:

1.  implement target rents for all new tenants from January 2012, subject to a positive outcome to consultation with tenants;

2.  delegate authority to the Executive Director Environment in consultation with the Mayor and the Executive Member for Housing and Customer Services to implement target rents for all new tenants from January 2012, if a positive outcome to the tenant consultation is received;

3.  delegate authority to the Executive Director Environment where necessary; make additional exceptions to the implementation of target rents to those set out in the report. Such exceptions will be made on a case by case basis.

Reasons for the Decision

The proposals are designed to address the pressures placed upon the Council when self financing comes into being, in April 2012. The recommended measures will maximise the Council’s income within housing rents earlier than the government’s target of 2015/16. 

The Council is obliged to consult tenants of the proposed changes. Consultation will take place in October and November and a report detailing the findings will be presented to the Mayor and cabinet in December.

Circumstances where a target rent may not be implemented are detailed in the report. Delegated power is sought in order to address an unforeseen circumstance which may arise where an exception may be appropriate.

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 of Highways Transport & Parking.

The Deputy Mayor in consultation with Cabinet was asked to consider an update on the parking enforcement implications of the proposed Olympic Route Network (ORN) and Local Area Traffic Management and Parking (LATM&P’s) plans around the Olympic Park and ExCeL Exhibition Centre, and to seek approval to an enforcement strategy that meets the additional requirements of the Games time transport plans while also addressing the ongoing parking enforcement needs across the remainder of the Borough.

Cabinet noted that the Equalities Impact Assessment was expected from LOCOG in November 2011 and a report would be submitted to Cabinet.

Decision

The Deputy Mayor in consultation with Cabinet agreed to:

1.  note the enforcement requirements for the ORN and LATM&P plans for Olympic venues in the Borough and progress in agreeing the resulting enforcement needs with ODA and LOCOG including the level of resources and related costs.

2.  subject to all funding being met by TfL & LOCOG approve in principle that Newham will deliver the parking enforcement on the ORN and within the LATM&Ps event zones; and

3.  note that regular updates will be provided to the 2012 Mayor and Lead Members Board regarding the related service level agreements with TfL and LOCOG. A detailed report will be submitted to for approval at Cabinet on the 17 November.

Reasons for the Decision

Agreement in principle was sought from on an enforcement strategy that addresses the Council’s obligation to cooperate in the development and implementation of the Olympic Transport Plan under the auspices of the London Olympic Games and Paralympic Games Act 2006, while at the same time maintaining an appropriate enforcement regime across all areas of the Borough which are not subject to Resident Parking Zone, the ORN and Event Zone parking restrictions during Games time.

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.

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 Deputy 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.