Agenda and minutes

Cabinet - Thursday 9 November 2006 7.30 pm

Venue: Committee Rooms 1 & 2 Harrow Civic Centre

Contact: Alison Atherton, Senior Professional Democratic Services (Corporate)  Tel: 020 8424 1266 Email: alison.atherton@harrow.gov.uk

Items
No. Item

PART I - RECOMMENDATIONS

RECOMMENDATION I - Key Decision - Community Plan

Minutes:

The Director of People, Performance and Policy introduced the report, which drew attention to the consultation draft of the Community Plan for 2006-2020 and specifically to the obligations it proposed for the Council.  He advised that the Harrow Strategic Partnership Board would consider the draft Community Plan on 16 November 2006 prior to its submission to Council for approval in December.  He emphasised that the Plan was a partnership document and had been the subject of extensive consultation.

 

An officer outlined the sections of the report and advised that the final part, the three year rolling action plan was still being prepared and, once completed, would be updated on an annual basis.

 

Members welcomed the document and the Portfolio Holder for Finance and Business Matters indicated that Portfolio Holders would monitor scorecards on an ongoing basis.  He added that the Plan would be the ‘cornerstone’ document setting out what the Council was trying to achieve over the next few years.

 

Having agreed that the commitments that the draft Community Plan proposed for the Council were compatible with the Council’s vision, priorities and strategic fit it was

 

Resolved to RECOMMEND: 

 

That the Community Plan 2006 – 2020 be approved.

 

Reason for Recommendation:  The commitments of the Plan were compatible with the Council’s vision, priorities and strategic fit.

 

(See Minute 120).

PART II - MINUTES

107.

Declarations of Interest

To receive declarations of personal or prejudicial interests, arising from business to be transacted at this meeting, from:

 

(a)               all Members of the Committee, Sub Committee, Panel or Forum;

(b)               all other Members present in any part of the room or chamber.

Minutes:

RESOLVED: To note that no interests were declared by Members present in relation to the business to be transacted at the meeting.

108.

Minutes

Of the Cabinet meeting held on 4 October 2006 to be taken as read and signed as a correct record.

Minutes:

RESOLVED:  That the minutes of the Cabinet meeting held on 4 October 2006 be taken as read and signed as a correct record.

109.

Arrangement of Agenda

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

Minutes:

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:-

 

Item

 

Reason

22.     Key Decision – Emergency Accommodation in Harrow

The report contained exempt information under Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) in that it contained information in relation to the financial or business affairs of a particular person (including the authority holding that information).

110.

Petitions

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

 

1. Petition submitted to Council on 19 October 2006 – Threatened closure of Harrow Young Persons Centre (stands referred to the Executive for consideration)

Minutes:

(1)                 Cabinet received a petition signed by 1,062 staff and students that had been submitted to Council on 19 October and which stood referred to the Executive for consideration.  The Chairman read the terms of the petition which were as follows:

 

“Harrow Young Persons’ Centre is under threat of closure from the beginning of November 2006.

 

The Centre provides counselling, support and guidance for young people of 11?21 years living or studying in Harrow.

 

If the Centre closes, Harrow will be one of the only London Boroughs without a Young Persons’ Centre.

 

Please sign this petition and show your support in our effort to save this valuable and successful organisation.

 

I am against the closure of Harrow Young Persons’ Centre.”

 

Councillor Osborn reported that he had received further signatures in support of this petition.

 

RESOLVED:  That the petition be received and considered in relation to the draft budget that would be submitted to Cabinet for consideration on 14 December 2006.

 

(2)                 Councillor Marilyn Ashton presented a petition containing 86 signatures from the Kingsfield Estate Residents’ Action Group. The terms of the petition were as follows:-

 

“We, the undersigned, wish to petition the Council for traffic calming measures in the area of Headstone West.  The repeated loss of Appeals resulting in inappropriate development in the area has meant that there has been much more traffic on the local road network.  This is why we are now asking the Council to put in traffic calming measures.”

 

RESOLVED:  That the petition be received and noted.

111.

Public Questions

To receive any public questions received in accordance with paragraph 16 of the Executive Procedure Rules.

 

(Note:  Paragraph 16 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.)

Minutes:

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

 

1.

 

Questioner:

 

Mrs Ann Freeman

Asked of:

 

Councillor Chris Mote, Leader of the Council and Portfolio Holder for Strategic Overview and External Affairs

 

Question:

“I think that the spirit of the Harrow Compact-Harrow Code of Practice on Consultation-has not been upheld as it covers the Wiseworks Consultation.  "Openness and transparency", "Clearly laid out", "...accurate and ensure that any research has been conducted in an objective and unbiased manner", "Include an impact statement.. its outcome and impact on a specific community" (in this case the socially excluded),” it should be made clear in the process which matters that are open to change and those matters on which a firm decision has already been taken."

 

Re-provision is NOT taking place, consultation is not clear as no one knows what is to happen at The Bridge (although yesterday (SUN) was first word members had of cancellation of classes (should this not be a separate consultation?) objective impact research would have found that Wiseworks does much more than find employment, during public meetings conflicting information is being given about closure of Wiseworks Site and changes to Bridge.

 

Public Law basics says that public bodies must act fairly and lawfully, ask themselves the right questions and undertake sufficient enquiry when deciding something. I dislike the term "abuse of power", but it appears that we are, i.e Service users and carers (and employees who are saddened by these changes but unable to voice their opinion) are being herded into doing what is best for the those that have no compassion and understanding for those of us who live with mental illness.

 

Are you aware of these conflicts please?”

 

[Notes: (i) In accordance with Executive Procedure Rule 16.7, the Leader of the Council asked the Portfolio Holder for Adult Community Care Services and Issues facing People with Special Needs to answer the question on his behalf;

 

(ii) under the provisions of Executive Procedure Rule 16.4, the questioner asked a supplementary question which was additionally answered].

112.

Councillor Question Time

Fifteen minutes will be allowed for Members of the Council to question members of the Executive on issues relating to items on the agenda for the meeting and issues arising from the minutes of the previous meeting.

Minutes:

RESOLVED:  To note that the following Councillor questions had been received:

 

1.

 

Questioner:

 

Councillor Ms Nana Asante

Asked of:

 

Councillor Chris Mote, Leader of the Council and Portfolio Holder for Strategic Overview, External Affairs and Property

 

Question:

“How can you reconcile your aim of making Harrow a Council loved by its residents with riding roughshod over the wishes of local residents in Edgware as shown by your choice of William Ellis Playing Fields as a potential site for a school in an area with little green space without considering brown field sites in the borough?”

 

2.

 

Questioner:

 

Councillor Mrs Margaret Davine

Asked of:

 

Councillor Marilyn Ashton, Portfolio Holder for Planning, Development and Enterprise

 

Question:

“At the Cabinet meeting on the 4 October Councillor Ashton maintained that the proposal to build the proposed Hindu School on William Ellis Fields was an 'in principal' decision and that she would keep an open mind on the matter. In the light of the large number of residents who expressed their concerns at the public meeting on the 31 October, and the petition submitted to the last Council, could she please explain her current thinking on the proposal to build the Hindu School on the playing Fields.”

 

3.

 

Questioner:

 

Councillor Navin Shah

Asked of:

 

Councillor David Ashton, Deputy Leader and Portfolio Holder for Finance and Business Matters

 

Question:

“In spite of valid concerns and strong objections from the Council staff, are you still going to pursue the charging for Civic Centre car parking, if yes, what is the timetable and when are you going to let all concerned, including the members of this Council have full details?”

 

4.

 

Questioner:

 

Councillor Navin Shah

Asked of:

 

Councillor Chris Mote, Leader of the Council and Portfolio Holder for Strategic Overview, External Affairs and Property

 

Question:

“Your administration has been quick to propagate the dire state of the Council’s finances to gain political mileage with the people of Harrow.   If we were to believe this for the sake of argument, how would you justify, given your self publicised version of finances, the unnecessary plans and expenses in excess of tens of thousands of pounds to refurbish the Member’s toilet, ladies toilet, the Mayor’s office and possibly shutting down important first floor reception for the public?”

 

5.

 

Questioner:

 

Councillor Bill Stephenson

Asked of:

 

Councillor Chris Mote, Leader of the Council and Portfolio Holder for Strategic Overview, External Affairs and Property

 

Question:

“Would you not agree that backbenchers play a crucial role in the running of this Council representing as they do the interests of the residents in their wards, and that it is vital that local ward councillors be fully informed and consulted about issues and events as they arise in their wards, and further can he explain why the template 'Consultation with local ward councillors' which used to be on all Cabinet papers has been removed.”

 

[Notes:  (i) As Councillor Mrs Margaret Davine was unwell, the Chairman indicated that he would allow, on this occasion, Councillor Ms Nana Asante  ...  view the full minutes text for item 112.

113.

Forward Plan 1 November 2006 - 28 February 2007

Minutes:

RESOLVED:  To note the contents of the Forward Plan for the period 1 November 2006 – 28 February 2007.

114.

Reports from the Overview and Scrutiny Committee or Sub-Committees

(if any)

Minutes:

RESOLVED:  To note that no reports had been received.

115.

Appointments to Cabinet Advisory Panels and Consultative Forms

The Majority Group have proposed a number of membership changes to the Cabinet Advisory Panels and Consultative Forums and these have been included in the attached schedule for approval.

Minutes:

The Director of Corporate Governance reported that the Majority Group had proposed a number of changes to memberships of the Cabinet Advisory Panels and Consultative Forums. He advised that a report appearing elsewhere on the agenda proposed the disestablishment of the Housing Improvement Options Advisory Panel.

 

RESOLVED:  (1)  That the schedule attached at Appendix 1 to these minutes be approved and;

 

(2)  that Councillor Mrs Camilla Bath be appointed as Chairman of the Tenants' and Leaseholders' Consultative Forum. 

 

Reason for Decision:  To revise the memberships of a number of Cabinet bodies.

 

(See also Minute 125).

116.

Appointment of Cabinet Support Members

Following changes to the Portfolios at Council on 19 October 2006, Cabinet is requested to approve changes to the remits of the Cabinet Support Members.

Minutes:

Members noted that, following changes to the Portfolios at Council on 19 October 2006, a number of changes to the remit of the Cabinet Support Members were proposed.

 

RESOLVED:  That the remit of the Cabinet Support Members attached at Appendix 2 to these minutes be approved.

 

Reason for Decision:  To reflect the changes to the Portfolios made at Council on 19 October 2006.

117.

Membership of the Business Transformation Project Partnership Board (BTPPB)

The Board has requested that (1) a pool of reserves be appointed to their membership rather than named reserves for each elected Member; and

 

(2) Councillor Bill Stephenson be appointed as a member to the Board in place of Councillor O’Dell, and Councillor Ferry be appointed as a reserve in place of Councillor Stephenson.

Minutes:

RESOLVED:  That (1) a pool of Reserves be appointed to the membership of the Board rather than a named Reserve for each elected Member; and

 

(2)  Councillor Bill Stephenson be appointed as a Member to the Board in place of Councillor O’Dell, and Councillor Keith Ferry be appointed as the Reserve in the place of Councillor Bill Stephenson.

 

Reason for Decision:  To meet the request of the Board.

118.

Renaming of the Strategic Planning Advisory Panel and Town Centre Project Panel

Report of the Director of Planning Services

Minutes:

The Director of Corporate Governance introduced the report, which sought approval to the change in name of two of the Cabinet Advisory Panels and to the terms of reference of the proposed Town Centre and Major Projects Panel, including a minor amendment.

 

RESOLVED:  That (1) the Strategic Planning Advisory Panel be renamed the Local Development Framework Panel; and

 

(2)  the Town Centre Project Panel be renamed the Town Centre and Major Projects Panel and its terms of reference, attached at Appendix 3 to these minutes, be approved.

 

Reason for Decision:  (1) To reflect changes in legislation and to avoid confusion with the Strategic Planning Committee;

 

(2)  to provide a forum for considering major development projects outside as well as within the town centre. 

119.

The Council's Calendar of Meetings 2007/08

Report of the Director of Corporate Governance

Minutes:

The Director of Corporate Governance introduced the report, which sought approval to the Calendar of Meetings for the Authority for the Municipal Year 2007/08.  He drew attention to the proposed additional dates for the Strategic Planning Committee and the revised dates for the Town Centre and Major Projects Panel and Local Development Framework Panel which had been tabled, indicating that a revised date of 11 July 2007 for the latter now required further consideration due to Member availability.

 

Members commented that the meeting of the Education Consultative Forum proposed for 20 March 2008 would require rescheduling as it was Maundy Thursday and that the inclusion of Ascension day required consideration.

 

RESOLVED:  That the Calendar of Meetings for the Municipal Year 2007/08 attached to the report of the Director of Corporate Governance be approved, subject to the amendments outlined in the preamble above.

 

Reason for Decision:  The Calendar of Meetings was approved on an annual basis at approximately this time of year for the succeeding Municipal Year.  Advance approval facilitated the planning of forward commitments both by Members and officers.

120.

Key Decision - Community Plan

Report of the Director of People, Performance and Policy

Minutes:

(See also Recommendation I).

 

The Director of People, Performance and Policy introduced the report, and advised that following consideration by the Harrow Strategic Partnership Board, the final Community Plan would be subject to the approval of full Council.

 

The Chairman advised that there would be a public consultation meeting on the draft budget proposals on 21 December 2006.

 

Having recommended the draft Community Plan to Council for approval it was

 

RESOLVED:  That the commitments that the draft Community Plan proposed for the Council were compatible with the Council’s vision, priorities and strategic fit.

 

Reason for Decision:  To ensure that the ambitions which would fall to the Council to implement were consistent with the Council’s plans, priorities and resources. 

121.

Key Decision - London Insurance Mutual

Report of the Director of Financial and Business Strategy

Minutes:

The Director of Financial and Business Strategy introduced the report, which described the proposal to establish a “mutual” insurance company controlled by, and run for the benefit of, participating London authorities.  She advised that the Council did have the ability to extend the current insurance arrangements if the mutual was not able to commence in April 2007. She added that should there be a catastrophic incident, the mutual would not be exposed.

 

The Portfolio Holder for Finance and Business Matters indicated that the proposals offered a good opportunity for the Council to make meaningful savings.

 

RESOLVED:  That the Council (1) participate in the establishment of London Authorities Mutual Limited as a mutual insurance company for the reasons and on the basis set out in the report of the Director of Financial and Business Strategy;


(2)  
become a full member of the company and that the Group Manager (Audit & Risk) be authorised to take all necessary steps to achieve this;

 

(3)  purchase its corporate property, liability and motor insurance requirements for a minimum period of one year through the Mutual with effect from 1 April 2007 (in accordance with procurement regulations) but that in the event that the Mutual was unable to assume risk by that date the Group Manager (Audit & Risk) be authorised to arrange interim cover as indicated in the report of the Director of Financial and Business Strategy;

 

(4)  nominate the Director of Financial and Business Strategy to act as a director of the company and provide a suitable indemnity which applied to the discharge of the functions of that capacity;

 

(5)  appoint the Director of Financial and Business Strategy as the Harrow Council Member’s Representative and be empowered to represent the interests of Harrow Council at general meetings of the Mutual and to vote on behalf of Harrow Council;

 

(6)  participate in capitalising the company by way of a financial guarantee of no more than £1m and that the Group Manager (Audit & Risk) be authorised to take all necessary steps to achieve this;

 

(7)  delegate authority to the Portfolio Holder for Finance and Business Matters to make further decisions regarding the Council’s participation in the mutual as matters progress;

 

(8)  request a further report to Cabinet seeking final authority to enter into the pooling arrangements prior to 1 April 2007.

 

Reason for Decision:  To authorise officers to carry out the necessary actions to participate in the scheme.

122.

Key Decision - School Food Improvement Strategy

Report of the Director of Strategic Services

Minutes:

The Director of Children’s Services introduced the report, which proposed the strategic approach to be adopted by the Council to deliver elements of the Government’s plan to improve the standards, quality and sustainability of school food by 2009.  It was a phased strategy, which took into account available funding sources and the Council’s current financial position and one that would not incur revenue costs in the short term.

 

RESOLVED:  That (1) a project based at Rooks Heath High School to deliver a hot meal service to Roxeth Manor First, Roxeth Manor Middle and Earlsmead First and Middle Schools within the Ha2cando cluster be developed;

 

(2)  the existing working kitchen at Shaftesbury School be upgraded to provide a hot meals service to St Teresa’s Roman Catholic First and Middle School that was immediately adjacent and which currently only had a Free School Meal packed lunch service;

 

(3)  the plan to establish a third project, which would build upon the two proposals detailed in (1) and (2) above, be agreed.

 

Reason for Decision:  To meet the Government’s School Improvement Strategy targets, the Council needed to develop and implement a plan that would work towards providing all schools with the opportunity to access a hot meals service.  The proposals would form part of the phased approach.   

123.

Little Oxhey: Cemetery Development

Report of the Executive Director (Urban Living)

Minutes:

The Portfolio Holder for Urban Living – Community Safety and Public Realm introduced the report, which set out a proposed change in memorial practice and sought approval to amend the Cemetery Rules to enable the operation of the new cemetery being developed at Little Oxhey in 2007.

 

RESOLVED:  That (1) the change in Harrow’s Cemetery Rules to include the addition of specific rules regarding Little Oxhey Cemetery be approved;

 

(2)  the significant change in Harrow’s memorialisation policy to restrict memorials at the Little Oxhey development to flat lawn style memorials in accordance with covenants on the land to be in keeping with the existing standards in Brent Carpenders Park Cemetery be noted.

 

Reason for Decision:  To enable continued provision of a burial service at the new cemetery being developed at Little Oxhey, to facilitate the change in Cemetery Rules to take account of the operational difference in this cemetery and to control the occurrence of unsafe memorials at this site by requiring all memorials to be of a flat design.   

124.

Key Decision - Emergency Accommodation in Harrow

Report of the Head of Housing

Minutes:

The Executive Director (Urban Living) introduced the report, which set out a strategy to ensure the provision of emergency accommodation to meet the Council’s statutory housing duties towards homeless families.  He drew Members’ attention to the separate Part II information report which gave further details in relation to financial and contractual matters in relation to the proposals.

 

The Executive Director (Urban Living) proposed an amendment to recommendation 2 in order to provide greater clarity and it was

 

RESOLVED:  That (1) the disposal of Cedars Hall, Chicheley Road, Harrow Weald, as shown in the site plan (reference ES No. 1689) to Pathmeads housing association be approved, on terms to be agreed by the Executive Director (Urban Living) generally on the basis of the offer detailed in the accompanying Part II information report and subject to appropriate planning consents;

 

(2)  the application of funding from the Council’s Affordable Housing Fund, towards the development cost, if external sources of funding did not provide a more advantageous arrangement, be approved;

 

(3)  a 12 month extension of the existing lease and management agreement for Anmer Lodge on terms and conditions as set out in the accompanying Part II information report be approved, subject to approval of the extension of the temporary planning permission by Strategic Planning Committee;

 

(4)  the use of the new Roxeth Gate YMCA as emergency accommodation for single people through nomination arrangements to be agreed with the West London YMCA be endorsed;

 

(5)  subject to the consent of the Secretary of State under Section 27 of the Housing Act 1985, a 5 year extension of the existing management agreement for Vernon Lodge, on the terms and conditions as set out in the accompanying Part II information report be approved and that it be noted that a full options appraisal for its future use would be undertaken over the next 12 months.

 

Reason for Decision: To ensure the future provision of emergency accommodation in Harrow to meet the Council’s statutory obligations under the Housing Act 1996, Part 7 as amended by the Homelessness Act 2002.

 

(See also Minute 127).

125.

Housing Issues and Update

Report of the Head of Housing

 

(Note: This report includes the proposal to disestablish the Housing Improvement Options Advisory Panel – see also item 9)

Minutes:

The Executive Director (Urban Living) introduced the report, which provided an update on key issues for Housing Residents’ Services.  He proposed an amendment in relation to the introduction of a revised tenancy agreement and garage licence in that a further report be submitted to Cabinet in January 2007.

 

RESOLVED:  That (1) the proposed framework for charging and recovery of service charges to leaseholders, as presented to the Tenants' and Leaseholders' Consultative Forum on 27 July 2006 be noted and that it superseded the referral to Cabinet from the Forum on 13 March 2006;

 

(2)  it be noted that a new tenants and leaseholder compact had been agreed;

 

(3) the proposed engagement of an independent tenant adviser to progress opportunities for greater resident involvement in management of the service be noted,

 

(4)  the proposals for the introduction of a revised tenancy agreement and garage licence be noted, with a further report to be submitted to Cabinet in January 2007;

 

(5)  the proposal to defer implementation of introductory tenancies, pending further research and stakeholder consultation be noted;

 

(6)  the Housing Improvements Options Advisory Panel be disestablished.

 

Reason for Decision:  To progress key elements in the Housing, Residents’ Services, Service Plan and ensure appropriate resident representation in the development and monitoring of the Housing Service.

 

(See also Minute 115).

126.

Pinner Park Farm - Reference from the Development Control Committee

Report of the Director of Planning Services

Minutes:

Members considered a report, which outlined a reference from the former Development Control Committee on 5 October 2006, in relation to a planning application for the use of a part of the Pinner Park Farm site for storage, office parking and workshop in association with engineering operations. 

 

RESOLVED:  To note the referral from the former Development Control Committee and that a full report would be submitted to a future meeting of Cabinet.

 

Reason for Decision:  To enable the issues raised by the former Development Control Committee to be properly considered.

127.

Key Decision - Emergency Accommodation in Harrow

Report of the Head of Housing

Minutes:

Members considered a confidential report of the Head of Housing in relation to emergency accommodation in Harrow.  The Executive Director (Urban Living) drew Members’ attention to the revised Appendix 1, which had been tabled.

 

RESOLVED:  That the report be noted.

 

Reason for Decision:  To ensure the future provision of emergency accommodation in Harrow to meet the Council’s statutory obligations under the Housing Act 1996, Part 7 as amended by the Homelessness Act 2002.

 

(See also Minute 124).

Appendix 1 - Ctte membership list November 2006

Appendix 2 - Cabinet Assistants

Appendix 3 - Revised Terms of reference - Town Centre and Major Projects Panel