Agenda and minutes

Cabinet considered a report from the Chief Executive concerning the Ninth London Local Authorities Bill.  Members noted that the in principle decision by the Association of London Government and the parliamentary standing orders required all participating authorities to pass a resolution in favour by a majority in full Council, both before and after the Bill had been deposited. 

Members, although noting that any proposals put forward required the agreement of the 32 London Boroughs, sought clarification as to how issues of concern, such as quadbikes, miniature motorbikes and the condition of shop frontages, could be included in future Bills.  The view was expressed that Members should have the opportunity to have an input into the Bills at an earlier stage.  The Chief Executive undertook to raise this issue with the ALG.

Cabinet, having noted the intention to promote a Ninth London Local Authorities Bill, the possible content of such a Bill, and that the cost of proceeding with the legislation would be in the order of up to £12,000 for each Borough and that this cost was likely to be spread over a number of financial years,

Resolved to RECOMMEND:

That the required Statutory Resolution be adopted.

Reason for Recommendation:  To address serious problems affecting a number of London Boroughs through appropriate new legal powers where there was no existing relevant legislation or there was ineffective statutory provision.

(See also Minute 619).

The Executive Director (Urban Living) introduced the report and advised that the London Local Authorities and Transport for London Act 2003 provided new enforcement powers in relation to a range of highway enforcement offences and parking and moving traffic contraventions.

In response to Members’ concerns about the operation of the Appeals Process, the Executive Director (Urban Living) indicated that he would provide Members with details of the process prior to the Council meeting on 21 October 2004.  He would also provide a response to Members’ concerns in relation to enforcement and resources.  The Portfolio Holder for Environment and Transport supported the statement of the Executive Director (Urban Living) that it was necessary to seek Council approval to the proposals as a matter of urgency. 

Cabinet, having requested a report to their next meeting on the detail of the powers to be delegated to the Executive Director (Urban Living) to address cross party concerns and noted the provisions of the Act,

Resolved to RECOMMEND: 

(1)  That a resolution setting an appointed day for the introduction of Section 4 and Section 16 of the Act be made;

(2)  that the advertisement of the resolution and the appointed day be authorised, the appointed day to be not less than 3 months from the date of the advertisement.

Reason for Recommendation:  To enable the provisions of the London Local Authorities and Transport for London Act 2003 to be implemented providing valuable enhancements to existing enforcement powers in relation to highways and moving traffic offences.

(See also Minute 626).

The Assistant to the Chief Executive introduced the report which sought approval to a comprehensive scheme to bring West House back into use and to resolve a number of issues relating to the Pinner War Memorial Fund and its landholding.  He drew Members’ attention to the revised recommendations that had been circulated on the third supplemental agenda.

The Assistant to the Chief Executive confirmed that he had spoken to the Pinner Association prior to the meeting, who were in agreement with the recommendations.  Members conveyed their thanks to officers for their work on what had been a difficult and convoluted process.

Cabinet, having authorised the Director of Professional Services to enter a contract on behalf of the Council for the refurbishment of West House, agreed to the transfer of £5,430 to the Pinner War Memorial Fund in compensation for the benefit the Council had received from its use of 3 properties, and agreed that a commuted sum be paid to Pinner War Memorial Fund together with any surplus received from use of the Fund’s land by the Pinner Bowls Club,

Resolved to RECOMMEND:

That as Trustee of the Pinner War Memorial Fund, that

(1) authority be given to transfer the sum of £125,000 from the Pinner War Memorial Fund to the West House and Heath Robinson Museum Trust without recoupment as approved by the Charity Commission;

(2) the Director of Professional Services be authorised to agree terms and enter into a lease of West House on behalf of the Fund to the West House and Heath Robinson Museum Trust;

(3) authority be given to transfer the land containing the Dickson Fold and West House bungalows from Pinner War Memorial Fund to the Council as Housing Authority (in consideration of the commuted sum referred to in paragraph 3.3 of the Chief Executive’s report) subject to the written consent of the 3 political group leaders;

(4)  the name of the Charity be changed from the Pinner War Memorial Fund to the Pinner Memorial Park Trust.

Reason for Recommendation:  To bring West House back into use by leasing it to the West House and Heath Robinson Museum Trust and to achieve a long?term resolution to the outstanding issues concerning the Charity and its landholdings.

(See also Minutes 611 and 624).   

The Cabinet, having waived Executive Procedure Rule 11,

RESOLVED:  That Councillor Navin Shah be appointed as Chair for the meeting as Councillor Foulds was only able to be present for the first item of business – ALMO Update.

To receive declarations of personal or prejudicial interests, in relation to item 3 – ALMO update, from all Members present.

RESOLVED: To note that the following interest was declared:

To agree that item 3, ALMO update, should be considered with the press and public excluded on the grounds that it is thought likely, in view of the nature of the business to be transacted, that there would be disclosure of confidential information in breach of an obligation of confidence or of exempt information as defined in the Local Government (Access to Information) Act 1985.

RESOLVED:  That the following item be considered, as a matter of urgency, as the information had only just become available, and with the press and public excluded for reasons set out below:-

Report of the Executive Director (Urban Living)

Members considered a confidential report from the Executive Director (Urban Living) in relation to the Arms Length Management Organisation (ALMO).

RESOLVED (unanimously):  That the position be noted and that a resolution indicating Cabinet’s inclination not to be proceed with the ALMO be considered in Part I of the agenda.

Reason for Decision:  In order to best meet the interests and needs of the Council’s tenants and to meet the Government’s targets for Decent Homes by 2010.

(See also Minutes 608 and 616).

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from all Members present.

RESOLVED: To note that the following interests were declared:

Of the Cabinet meeting held on 9 September 2004, having been circulated, to be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 9 September 2004, having been circulated, be taken as read and signed as a correct record.

To consider whether any of the items listed on the agenda should be considered with the press and public excluded.

Members noted that a public report on the ALMO Update was to be tabled, as a matter of urgency, following their discussion in Part II of the meeting, as the information had only just become available.  In addition, a note from the Budget Review Working Group, arising from their meeting the previous evening, required consideration in conjunction with the report of the Executive Director (Business Connections) in relation to Budget Consultation.

RESOLVED:  That all business be considered with the press and public present with the exception of the following item for the reason set out below:-

To receive petitions (if any) submitted by members of the public/Councillors.

(1)                 Councillor Phil O’Dell submitted a petition containing 67 signatures from the residents of Lorne Road, which requested residents’ parking.

RESOLVED:  That the petition be received and noted.

(2)                 Councillor David Ashton submitted a petition containing 130 signatures from the residents of Wychwood Avenue, Wildcroft Gardens and Howberry Road objecting to the extension of the Stanmore Controlled Parking Zone (CPZ). He read the terms of the petition to the meeting which were as follows:

“We the undersigned do not accept that there is any sound justification for any extension to the existing CPZ in Stanmore Town Centre (B Zone).  We feel that the extent of the present CPZ system is sufficient to meet current needs.  We oppose further extension of the current CPZ as this will not improve the traffic and parking where we live”.

 RESOLVED:  That the petition be received and noted.

(3)                 Councillor David Ashton submitted a petition containing 22 signatures from the Courtens Mews Residents Company, the terms of which were as follows:-

“We, the residents of Courtens Mews, oppose the introduction of parking controls in our road”.

RESOLVED:  That the petition be noted.

(4)                 Councillor David Ashton submitted a petition containing 316 signatures from the Golf Close Residents’ Association. He read the terms of the petition to the meeting which were as follows:

“We the undersigned do not accept that there is any sound justification for any extension to the existing CPZ in Stanmore Town Centre (B Zone).  We feel that the extent of the present CPZ system is sufficient to meet current needs.  We oppose further extension of the current CPZ as this will not improve the traffic and parking where we live”.

RESOLVED:  That the petition be received and noted.

(5)                 Councillor David Ashton submitted a petition containing 62 signatures from Woodlands Community Association. He read the terms of the petition to the meeting which were as follows:-

“We, the residents of Woodlands Estate, are proud of our homes and environment.  We request that Harrow Council ensure that every effort is made to eliminate crime from the Estate and keep it litter and graffiti free.  We will do our part, but we expect the Council to live up to its responsibilities.”

RESOLVED:  That the petition be received and noted.

(6)                 Mr Noel Gellman submitted a petition containing 24 signatures from the residents of Colman Court, Stanmore.  Mr Gellman read the terms of the petition to the meeting which were as follows:-

“We, the undersigned, do not accept that there is any sound justification for any extension to the existing CPZ in Stanmore Town Centre.  We feel that the extent of the present system is sufficient to meet current needs.  We oppose further extension of the current CPZ as this will not improve the traffic flow or safety in the area and will, in fact, lose some much needed parking space in the designated area.”

RESOLVED:  That the petition be received and noted.

To receive any public questions received in accordance with paragraph 15 of the Executive Procedure Rules.

(Note:  Paragraph 15 of the Executive Procedure Rules stipulates that questions will be asked in the order notice of them was received and that there be a time limit of 15 minutes.)

RESOLVED:  To note that the following public question had been received-

1.

An oral answer was provided to the question and, under the provisions of Executive Procedure Rule 15.4, the questioner asked a supplementary question which was additionally answered.

Report of the Executive Director (Urban Living)

Cabinet received an urgent tabled report from the Executive Director (Urban Living) in relation to the ALMO, which was to be made available to the Tenants’ Federation, the Shadow Board, press and public.

The Chair read the terms of the tabled resolution in relation to the ALMO that had been proposed in private session. 

The Portfolio Holder for Planning, Development, Housing and Best Value reported that further information on the cost of running the Arms Length Management Organisation (ALMO) had now been received.  He advised that the Government had introduced the prudential borrowing regime on 1 April 2004 and that there was now an option to use this as a source of funding rather than pursuing the ALMO.  By using prudential borrowing, it would be possible to start funding the necessary work almost immediately.

The Leaders of the Opposition Parties indicated that there appeared to be no other option but to abandon the ALMO but expressed concern that mistakes had been made.  They sought reassurance that neither tenants nor staff would be negatively affected by not pursuing the ALMO.  In response, the Portfolio Holder for Finance and Performance Management indicated that whilst mistakes had been made, the use of prudential borrowing to achieve the Decent Homes Standard by 2010 was the right solution.  He added that he hoped staff and the unions would be closely involved in the proposed work.

The Chair stated that prudential borrowing offered the Council enormous opportunities, and advised that the Council would be able to do more than would have been possible via the ALMO.  He added that there would be a report to Cabinet in November and that there would be consultation with stakeholders and partners.

RESOLVED (unanimously):  (1) That after serious consideration of a Part II report, the Cabinet resolves that at their next meeting in November they are seriously minded not to proceed with the establishment of an ALMO.

(2) the Cabinet requests feedback from officers on the comments and views expressed at further consultation to take place with the Office of the Deputy Prime Minister, the Tenants’ Federation and the Shadow ALMO Board and that this information be made available to Members of the Cabinet before an irrevocable decision is made at their November meeting;

(3) that officers present to the November meeting of Cabinet, a draft framework for consideration comprising:

(i)                   proposals for the effective management of the Housing Service with particular emphasis on delivering essential capital programmes to refurbish the housing stock at the earliest opportunity;

(ii)                 an action plan to bring the Council’s Housing Stock up to the Government’s Decent Homes Standard by 2010 as part of the wider Estates Renewal, Regeneration and Social inclusion priorities within Harrow; and

(iii)                 options for the effective and comprehensive involvement of tenants and residents in the management of the housing stock in the areas in which they live. 

Reason for Decision:  In order to best meet the interests and needs of the Council’s tenants and to meet the Government’s targets for  ...  view the full minutes text for item 616.

RESOLVED:  To note the contents of the Forward Plan for the period 1 October 2004 – 31 January 2005.

(if any).

RESOLVED:  To note that no reports had been received.

Report of the Chief Executive

(See also Recommendation I).

The Chief Executive introduced the report which advised of an in principle agreement on behalf of the London Local Authorities to promote a Ninth London Local Authorities Bill and to seek, for this purpose, a statutory resolution at Council on 21 October 2004. 

Cabinet, having expressed the view that Members should have earlier input into future Bills,  and recommended to Council that the required statutory resolution be adopted,

RESOLVED:  (1)  To note the intention to promote a Ninth London Local Authorities Bill and the possible content of such a Bill;

(2)  to note that the cost of proceeding with legislation would be of the order of up to £12,000 to each Borough, which cost was likely to be spread over a number of financial years.

Reason for Decision:  To address serious problems affecting a number of London Boroughs through appropriate new legal powers where there was no existing relevant legislation or there was ineffective statutory provision. 

Report of the Executive Director (Business Connections)

The Director of Financial and Business Strategy introduced the report which advised that, in accordance with the Constitution, the Cabinet was required to approve draft budget proposals by 1 November each year.

The Director of Financial and Business Strategy reported that technically the reprice reviewed the assumptions made in the MTBS.  The reprice did not include any new policy decisions.  She added that the impact of the change in assumptions resulted in a proposed Council Tax for Band D properties of £1,064, an increase of 2.92% on the current year.

In response to questions in relation to Education passporting, the capitalisation of IT expenditure and the apparent reduction in population figures, the Director of Financial and Business Strategy undertook to provide Members with a written response.

Members congratulated officers on the savings arising from the New Harrow Project and procurement.

RESOLVED:  That the Medium Term Budget Strategy Reprice for 2005-06 be approved.

Reason for Decision:  Under the Constitution, the Cabinet was required to approve draft budget proposals by 1 November each year.  The approval of the repriced MTBS for 2005?06 fulfilled this obligation and was a key stage in the budget process for 2005?06.

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report and drew Members’ attention to the recommendation from the Harrow Strategic Partnership Board which had been circulated on the supplemental agenda.

In response to a Member’s question, the Chair confirmed that those organisations in receipt of grants of approximately £1,000 would not have any additional costs arising from the requirement to use the Council’s logo.

Members noted that voluntary groups would now have the ability to choose which premises they hired and the view was expressed that it was more beneficial that such groups were given grants to rent property.

The Chair suggested, and Members agreed, that to address the comments of the Harrow Strategic Partnership Board in relation to sections 2 and 3 of the proposed strategic recommendations, that the word ‘all’ be deleted from the last bullet point of the Grants Conditions and the words ‘black and minority ethnic’ and ‘refugees and asylum seekers and address domestic violence issues’ be deleted from the last bullet point of section 3. 

RESOLVED:  That the Council’s proposed strategy, attached as an Appendix to the report of the Director of Financial and Business Strategy, for supporting the voluntary sector be approved.

Reason for Decision:  Cabinet authority was required before a new strategy could be implemented.  

Report of the Executive Director (Business Connections)

The Executive Director (Business Connections) introduced the report and advised that the proposed approach would enable a more informed approach to setting the Medium Term Budget Strategy.  He drew Members’ attention to the additional recommendations set out in the note from the Budget Review Working Group.

A Member clarified that the review questions to be considered by the cross party member group would be prepared by MORI. 

RESOLVED:  (1)  That the consultation with all residents in November on their priorities through (a) the Council website and (b) commissioning a market research company to undertake a postal consultation exercise based on a statistical valid sample of the Borough’s population, be approved;

(2)  to note that the questions would be determined by a cross party member group;

(3)  that consultation on the budget be carried out through a series of stakeholder meetings as set out in paragraph 2.2.7 to the report of the Executive Director (Business Connections);

(4)  that mandatory training for all Members of the Council on the budget process be arranged.

Reason for Decision:  To enable a process for budget consultation to be undertaken.

Report of the Director of Learning and Community Development

The Chief Executive introduced the report which explained the background to the Public Library Position Statement and indicated that the “Draft Public Library Position Statement and Standards Report 2004” had been prepared for approval.  It had been necessary to submit the document to the Department for Culture, Media and Sport (DCMS) by 30 September 2004 but she advised that DCMS had been made aware that any revisions to the draft made by Cabinet would be submitted in October.

The Chief Executive reported that the Education Consultative Forum and the Lifelong Learning Scrutiny Sub?Committee had considered the document and that a reference from the latter had been circulated on the third supplemental agenda. She drew Members’ attention to the Lifelong Learning Scrutiny Sub-Committee’s recommendation that Cabinet should consider developing a strategy to address the shortage of professionally qualified librarians and indicated that Members might wish to consider this issue in the budget process.

The Portfolio Holder for Education and Lifelong Learning indicated that there had been discussions in relation to the possibility of upgrading existing staff and graduate training but that it did depend on the willingness of staff.  He undertook to keep both Cabinet and Scrutiny informed of progress.

RESOLVED:  That the Public Library Position Statement and Standards Report be approved for submission to the Department for Culture, Media and Sport prior to the Portfolio Holder for Education and Lifelong Learning endorsing the document indicating the Council’s backing.

Reason for Decision:  To meet the requirements to submit a Public Library Position Statement and Standards Report to the Department for Culture, Media and Sport for an assessment which would be included within the Corporate Performance assessment process. 

Report of the Chief Executive

(See also Recommendation III).

The Assistant to the Chief Executive introduced the report which sought approval for a comprehensive scheme to bring West House back into use and to resolve a number of issues relating to the Pinner War Memorial Fund and its landholding.  He drew Members’ attention to the revised recommendations circulated on the third supplemental agenda.

Cabinet, having made recommendations to Council as trustee of the Pinner War Memorial Fund,

RESOLVED:  (1)  That the Director of Professional Services be authorised to enter into a contract on behalf of, and at nil cost to, the Council for the refurbishment of West House on terms to be agreed;

(2)  that the sum of £5,430 be transferred to the Pinner War Memorial Fund in compensation for the benefit the Council had received from its use of the Dickson Fold and West House bungalows and the Park Keeper’s house (50 West End Lane);

(3)  that the Council pay the Pinner War Memorial Fund a commuted sum, representing the advance receipt from any surplus the Council might receive from managing the Dickson Fold and West House bungalows and such a sum be agreed by the Director of Financial and Business Strategy, subject to the written consent of the 3 political group leaders;

(4)  that the Council pay the Pinner War Memorial Fund any surplus received from the use of the Fund’s land by the Pinner Bowls Club.

Reasonfor Decision:  To bring West House back into use by leasing it to the West House and Heath Robinson Museum Trust and to achieve a long?term resolution to the outstanding issues concerning the Charity and its landholding.

(See also Minute 611).

Report of the Executive Director (Urban Living)

The Director of Strategy (Urban Living) introduced the report and outlined the contents of the Harrow Key Worker Housing Strategy and related Action Plan.  She reported that Harrow had chosen to widen the definition of ‘key worker’ from that suggested by Central Government.

The Director of Strategy (Urban Living) reported that the new strategy would assist both new and existing homeowners and that more work over the next year would be required.  It was necessary to ensure that the correct type of homes were available. She added that a series of road shows had been carried out as well as numerous emails sent to organisations such as the Police and Northwick Park Hospital. 

RESOLVED:  To note and approve the contents of the Harrow Key Worker Housing Strategy 2004/2007 and related Action Plan in order to meet the Council’s strategic aims and targets and to address the issues highlighted.

Reason for Decision:  The Harrow Key Worker Housing Strategy provided a local framework for identifying the needs of, and devising affordable solutions for, key workers in Harrow. 

Director of Professional Services (Urban Living)

(See also Recommendation II).

The Executive Director (Urban Living) introduced the report which advised that the London Local Authorities and Transport for London Act 2003 provided new enforcement powers in relation to a range of highway enforcement offences and parking and moving traffic contraventions.  The report set out the main provisions in the Act, including the use of fixed penalty notices and detailed the steps to be taken to adopt the new powers provided in the Act. 

Members expressed concern in relation to the operation of the Appeals Process. Cabinet requested a report to their next meeting on the detail of the powers to be delegated to the Executive Director (Urban Living) to address the cross party concerns.

Cabinet, having made recommendations to Council that they make a resolution setting an appointed day for the introduction of Section 4 and Section 16 of the Act, and that they authorise advertisement of the resolution and the appointed day, the appointed day to be not less than 3 months from the date of the advertisement,

RESOLVED:  (1)  That the provisions of the Act be noted;

(2)  that a further report on the authority to be delegated to the Executive Director (Urban Living) to exercise the powers provided by Sections 8, 12, 14 and 17 of the Act, and in respect of sections 4 and 16 of the Act from the appointed day, be submitted to the next meeting of Cabinet.

Reason for Decision: To enable the provisions of the London Local Authorities and Transport for London Act 2003 to be implemented providing valuable enhancements to existing enforcement powers in relation to highways and moving traffic offences.

Report of the Executive Director (Urban Living)

The Director of Strategy (Urban Living) introduced the report and indicated that it had been possible to identify the work necessary within the current year.  Although there was a large amount of work to be done, she reported that the small team currently in place did not have all the necessary skills.  The Director of Strategy (Urban Living) advised that it was necessary to engage staff with particular skills but that she had, to date, been unsuccessful in recruiting interim staff.  It might therefore be necessary to employ consultants to enable continuing progress on this project.

RESOLVED:  (1) That four interim staff be appointed; and

(2) that the commencement of land use surveys and business mapping, to facilitate the production of  a Local Development Framework for Harrow, to the timescale set by the Government, be agreed.

Reason for Decision: The Local Development Framework required extensive research, needs analysis and community involvement prior to production of a holistic and spatial strategy with numerous linked Local Development Documents. It would not be possible to meet the Government deadline of March 2007 unless additional dedicated staff were appointed.

Report of the Director of Strategy (Urban Living)

The Executive Director (Urban Living) introduced the report and drew Members’ attention to the recommendation from the Wealdstone Regeneration Advisory Panel.  She indicated that it was necessary to carry out a feasibility study before submitting a full report to Cabinet.

RESOLVED:  That the position be noted and that a report be submitted to Cabinet in November 2004.

Reason for Decision:  Proposals would be made to the next meeting of Cabinet with recommendations on a way forward, having regard for the recommendations of the Wealdstone Regeneration Advisory Panel and Cabinet’s agreed aim of involving the community and stakeholders in shaping the regeneration of Wealdstone.

Report of the Chief Executive

The Executive Director (Business Connections) introduced the report which provided background information about the website and the current position.  He drew Members’ attention to the recommendations from the Publications Advisory Panel.

Members expressed concern at the suggestion that the external website and internal intranet not be maintained as separate entities.  In response, the Executive Director (Business Connections) advised that the aim would be to prevent the duplication of work.

The view was expressed that rather than establishing a working party, authority be delegated to the Executive Director to progress developments in relation to the website and that he liaise with the Portfolio Holder with the remit for Communications.  In response, the Portfolio Holder for Education and Lifelong Learning indicated that the Members of the Publications Advisory Panel had an important role to play in moving the project forward.

An amendment in the name of Councillor Dighé was moved and it was,

RESOLVED:  That the Publications Advisory Panel act as an overview body on the development of the website, with the lead on the project being taken by the Portfolio Holder with the remit for Communications, and make recommendations to Cabinet on the direction of the Harrow Council website.

Reason for Decision:  To improve communication and consultation with Harrow Council residents, businesses and visitors.

Report of the Director of Learning and Community Development

Members considered a confidential report from the Director of Learning and Community Development in relation to Arts Culture Harrow and the update report circulated on the second supplemental agenda. 

An amendment in the name of Councillor Stephenson was moved and it was

RESOLVED:  (1)  That the update report on ACH  be noted;

(2)  to note that ACH had just met the targets set for the end of September;

(3)  that Cabinet agrees that the SLA be signed, to the release of the additional £25,000 of grant, to future quarterly grant payments, and to the monitoring regime set out in paragraph 2.6 to the report of the Director of Learning and Community Development and, in addition, agrees to set targets for the end of December and the end of March and to maintain the existing monthly financial monitoring regime;

(4)  that this matter be kept under review and that the Cabinet reconsider this matter with a report to its January meeting.

Reason for Decision:  Earlier Cabinet reports set the targets for ACH and the timetable for this report.  

In accordance with the provisions of Executive Procedure Rule 22.2 (Part 4D of the Constitution) it was

RESOLVED:  (1)  At 9.58 pm to continue until 10.15 pm;

(2)  at 10.14 pm to continue until 10.20 pm.