Agenda and minutes

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.

RESOLVED:  To note that the following interests were declared by Members present in relation to the business to be transacted at the meeting:

[Note:  Following Councillor Eric Silver’s declaration of interest, the Director of Corporate Governance sought clarification as to whether the interest was personal or prejudicial.  He indicated that if the Member’s interest were prejudicial he should not have remained in the room whilst the matter was considered and voted upon].

Of the Cabinet meeting held on 9 November 2006 to be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the Cabinet meeting held on 9 October 2006 be taken as read and signed as a correct record, subject to noting that the Councillor Question submitted by Councillor Bill Stephenson was answered by Councillor Paul Osborn.

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

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

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

(1)                 Councillor Paul Scott presented a petition containing 370 signatures opposing to the closure of Harrow Arts Centre.  He read the terms of the petition to the meeting, which were as follows:-

“We, the undersigned, are opposed to the closure of Harrow Arts Centre.  Closure of these premises will result in not only an absence of venue for any resident and visiting theatre companies, comedians, musical artistes and artistic enterprises which bring entertainment and education to the Borough but will also mean the cessation of classes that are designed for the benefit of the general public e.g. Yoga, tap-dancing, children’s activities and the wide variety of recreation it offers.“

RESOLVED:  To note that the petition be received and noted.

(2)                 Councillor Bill Stephenson presented a petition containing 29 signatures from the Kingsfield Estate Residents’ Action Group, opposing the proposed back garden development of a property on Kingsfield Road.  He read the terms of the petition to the meeting, which were as follows:-

“We, the undersigned, wish to protest against the application for proposed back garden development behind 87 Kingsfield Avenue.  It will be gross over development, incur loss of communal, green, council owned space and the new house will not fit in with the present houses in Allington Road.  The proposed crossover will be in a dangerous place for pedestrians and too near a blind corner.  Traffic and congestion, already problems, will be increased.”

RESOLVED:  That the petition be received and noted.

(3)                 Councillor Mrs Kinnear presented a petition containing 180 signatures from the Herga Road and Masons Avenue Community Association requesting a safer crossing in Masons Avenue, Wealdstone.  She read the terms of the petition to the meeting, which were as follows:-

“We the undersigned wish to make London Borough of Harrow aware that the crossing at traffic island P8/P9 on Masons Avenue is incorrectly positioned too close to the roundabout.  Motorists approaching from the Wealdstone direction are unable to see if anyone wishes to cross the busy road.  The pedestrian community need a safe place to cross for the Leisure Centre, Byron Park and H9/H10 bus stops.

We kindly request that LBH investigate this matter and identify an appropriate solution to provide a safer pedestrian crossing as soon as possible to avoid serious injury to residents and visitors to the borough.”

RESOLVED:  That the petition be received and noted.

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.)

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

1.

2.

3.

4.

5.

6.

7.

[Notes:  (i) The Chairman indicated that in relation to Wiseworks (questions 2?7), each questioner would be asked to submit their question, following which the Portfolio Holder for Adult Community Care Services and Issues facing People with Special Needs would provide a composite answer. Each  ...  view the full minutes text for item 132.

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.

RESOLVED:  To note the following Councillor Questions had been received:

1.

2.

3.

4.

5.

6.

[Notes:  (i)  In accordance with the Councillor Question Time rules, each questioner asked a supplemental question that was additionally answered.

(ii)  the Portfolio Holder for Finance and Business Matters indicated that he would follow up his oral answer to question 4 with a written response].

Report of the Director of People, Performance and Policy

The Director of People, Performance and Policy introduced the report to Cabinet in its role as Performance Board and drew attention to the key improvers and key challenges.  He also took the opportunity to thank Members, officers and partners for their assistance with the recent Audit Commission, Joint Area Review and Ofsted Inspections and indicated that the final reports were expected in March 2007 and would be reported to Cabinet. 

Each Portfolio Holder highlighted the key challenges and improvers within their remit.  

RESOLVED:  That (1) the Performance Report be noted;

(2)  Portfolio Holders work with officers to achieve improvement against key challenges and receive monthly updates.

Reason for Decision:  To enable Cabinet to be informed of performance against key measures and to identify and assign corrective action where necessary.

RESOLVED:  To note the contents of the Forward Plan for the period 1 December 2006 – 31 March 2007.

Report of the Executive Director (Urban Living)

Cabinet received the report, which provided a commentary against the Safer and Stronger Communities Scrutiny Sub?Committee report and recommendations and proposed an outline of how these might be progressed.

The Portfolio Holder for Urban Living – Community Safety and Public Realm indicated her gratitude to the Scrutiny Sub-Committee for their comprehensive report.  She advised that training on Section 17 appeared to be a key area of weakness and that, in order to raise its profile, it would be included as part of the Member Development Programme.  She added that an event would be held for Members on 6 February 2007 and officers advise all Members of Council accordingly.

RESOLVED:  That the recommendations of the Safer and Stronger Communities Scrutiny Sub?Committee, as set out on pages 39 and 40 and in Appendix B to the officer report, be approved.

Reason for Decision:  To support efforts to increase the profile of the requirements of Section 17 of the Crime and Disorder Act 1998 within the organisation.

Report of the Director of People, Performance and Policy

The Director of People, Performance and Policy introduced the report, which highlighted the key issues impacting on the proposed charging for car parks project and provided Cabinet with options.  The proposals had been subject to an extensive consultation exercise.

Cabinet noted that officers would keep car parking space at the civic centre under constant review and make whatever adjustments were needed to minimise congestion and waiting times for residents.

RESOLVED:  That a review of the Council Essential Car Use Scheme be commissioned and that the introduction of car park charges be reconsidered once the review had been completed.

Reason for Decision:  Consultation had pointed up some potential anomalies in car use arrangements and a comprehensive review would resolve these and ensure car park charging decisions were soundly based.

Report of the Director of Adult Community Care Services

The Portfolio Holder for Adult Community Services and Issues Facing People with Special Needs introduced the report, which set out the public response to the statutory consultation on the proposed merger of Anmer Lodge Day Centre and Milmans Resource Centre, proposed changes to Home Care charges, the proposed reprovision of services currently at Wiseworks and proposed a review of the Direct Payments Scheme.  He outlined each of the consultation exercises and the recommendations arising.

The Portfolio Holder for Lifelong Learning, Cultural Services and Issues facing Older People stated that the consultation processes had been time consuming but informative and she paid tribute to the carers, users and officers.  She added that modifications to the proposals had been made in response to the consultation exercises.

RESOLVED:  That (1) Anmer Lodge Day Care Centre in Stanmore and Milmans Resource Centre in Pinner be merged and that Milmans Day Centre be retained;

(2)  in relation to Home Care charges

(i)                   the level of subsidy be reduced to £3.10 for those assessed as being able to afford it, setting a new hourly rate of £15.00;

(ii)                 a new level of cap for the maximum assessed weekly charge be set at £250 (from the existing £85);

(iii)                that 100% of disposable income be taken into account when assessing the amount to charge;

(3)  in relation to Wiseworks,

(i)                   that the proposal to provide a centre-based service, merging services at Wiseworks and the Bridge Day Centre and to be based at the Bridge, be agreed, with up to a three month transition period to implement any necessary changes;

(ii)                 the alternative arrangements put forward by MIND in Harrow/Harrow User Group and Harrow Rethink be considered for future services should resources become available to expand the services beyond the core statutory functions of the local authority;

(iii)                officers seek to identify a location for Wiseworks to meet on a social basis so that they could continue to derive benefit from support and social interaction that would result;

(4)  a review of the Direct Payment Scheme be undertaken following implementation of proposals contained within the report of the Director of Adult Community Care Services and that the outcome of that review be reported back to Cabinet.

Reason for Decision:  Cabinet had agreed at its meeting on 3 August 2006 to a twelve week consultation exercise covering these services and for the results of this consultation exercise to be reported back so that Members could make a decision about the proposals concerning the future delivery of these services    

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report, which set out the monitoring of the Council’s revenue and capital budgets.  She advised that although the forecast was to remain in budget, it would not be possible to make a contribution to reserves.

The Portfolio Holder for Finance and Business Matters emphasised the Council’s difficult financial position in relation to the level of reserves and the importance of trying to ‘claw’ back the £900,000 savings.

RESOLVED:  That (1) the current revenue and capital monitoring position at the end of the second quarter for 2006/2007 be noted;

(2)  the virement of capital budgets, as set out in Appendix 8 to the report of the Director of Financial and Business Strategy, be approved.

Reason for Decision:  To monitor effectively the Council’s revenue and capital budgets.  The budget represented the financial resources approved to implement the Council’s corporate priorities.  Budget monitoring was particularly critical for 2006/2007 given the low level of reserves and the additional savings programme introduced at Cabinet on 3 August 2006.    

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report, which set out the draft Revenue Medium Term Budget Strategy (MTBS) for 2007?08 to 2009?10.  She advised that the Council would be receiving the minimum Government grant next year and that it would be necessary to identify considerable savings to deal with unavoidable issues alone. In terms of the Housing Revenue Account, a rent increase of 4.7% was proposed.

The Director of Financial and Business Strategy advised that there would a range of meetings with individual stakeholder groups in relation to the draft budget. She added that there would also be a special edition of Harrow People in January 2007, information placed on the Council’s website – harrow.gov.uk and that comments could also be submitted to the dedicated email address – budget@harrow.gov.uk.

The Portfolio Holder for Finance and Business Matters tabled a chart, which he used to explain Harrow’s position.  He reiterated that much of the financial difficulty experienced by the Council was due to the under funding by Central Government.  He emphasised that whilst the budget was a draft, it was unlikely to change given the financial position.    

RESOLVED:  That (1) the draft revenue budget of £155.074m for 2007?08 and the draft MTBS for consultation with stakeholders be approved;

(2)  in addition to the general consultation with stakeholders, officers be instructed to commence specific consultation on the following proposals, as detailed in the report of the Director of Financial and Business Strategy:-

(i)                   Access to Care Eligibility Criteria

(ii)                 Day Care Charging

(3)  officers be authorised to initiate and conduct such other consultations as might be required to support the proposals identified in the report of the Director of Financial and Business Strategy, and report the outcome to a future meeting of Cabinet so that decisions could be made on those proposals;

(4)  the target level of reserves and the strategy for reaching that level be noted;

(5)  the draft Housing Revenue Account (HRA) for 2007/08 to 2009/10 be approved and referred to the Tenants' and Leaseholders' Consultative Forum on 8 January 2007.

Reason for Decision:  To enable the publication of the draft budget.

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report, which set out the draft Capital Programme for 2007?08 to 2009?10.  She advised that the Capital Programme was being scaled back.

RESOLVED:  That the draft Capital Programme for 2007?08 to 2009?10 be approved.

Reason for Decision:  To enable the publication of the draft Capital Programme.

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report, which set out the estimated financial position on the Council Tax Collection Fund as at 31 March 2007.  The Portfolio Holder for Finance and Business Matters stated that the collection rate of 99.0% was untenable and would be reduced to 98%.

RESOLVED:  (1)  That an estimated deficit of £444,470 on the Collection Fund as at 31 March be approved;

(2)  to note that an amount of £349,840 would be transferred from the General Fund in 2007?08.

Reason for Decision:  There was a statutory obligation to make an estimate of the surplus or deficit on the Collection Fund by 15 January 2007.

Report of the Director of Financial and Business Strategy

The Director of Financial and Business Strategy introduced the report, which set out proposed changes to the terms of reference of the Grants Advisory Panel.

RESOLVED:  That the terms of reference attached at Appendix 1 to these minutes be approved.

Reason for Decision:  To clarify the role of the Panel.

Report of the Director of Adult Community Care Services

Cabinet considered a report of the Director of Adult Community Care Services, which advised of the outcome of the Annual Performance rating for Adult Social Services published by the Commission for Social Care Inspection (CSCI) on 30 November 2006.

RESOLVED:  That the contents of the report of the Director of Adult Community Care Services be noted.

Reason for Decision:  CSCI regulations required that the Annual Performance Rating was reported to the Cabinet.

Report of the Director of Strategic Services

An officer introduced the report, which advised that following a feasibility study and consultations into the possibility of amalgamating Cedars First and Middle Schools, the Governing Bodies of the schools had decided to seek the approval of Cabinet for statutory notices to be issued.  The plan would be to open as a combined two form entry school in September 2007.

RESOLVED:  That the Statutory Notices be published for the proposed amalgamation of Cedars First and Middle Schools.

Reason for Decision:  The Council’s Amalgamation Policy required the Governing Bodies of all separate first and middle schools to consider combining the two schools when specified circumstances arose.

Report of the Director of Strategic Services

An officer introduced the report, which set out the need and reasons for Cabinet to approve a retrospective waiver appointing Wintersgill Architectural Practice as the planning architects to lead on the Kenton Learning Centre Project.

RESOLVED:  That a retrospective waiver for the appointment of Wintersgill as the commissioned architects leading on the Kenton Learning Centre project be approved.

Reason for Decision:  Wintersgill had been commissioned by Glebe School to lead on the Kenton Learning Centre project.  The company was qualified and competent to carry out the task, however, the appointment process in selecting Wintersgill failed to adhere to the laid down Council procedures.  To date, Wintersgill had overseen the demolition phase of the old Kenton Learning Centre buildings, carried out tendering and selection process for the building work and had their recommendations for the contractor appointment approved in accordance with the Council procedures.  At this stage of the project, it would be neither practical nor cost effective to re?run the commissioning process for the project lead.

Report of the Director of Strategic Services

An officer introduced the report, which set out details on the Building Schools for the Future: One?School Pathfinder project, and the process for deciding for the Harrow high school that was selected to participate in the project.

The Portfolio Holder for People First - Children’s Services reported that the proposal had received unanimous support at the cross party Member meeting on 27 November 2006 and that the decision to select Whitmore High School for the project had been taken by the Leader on 30 November 2006.

RESOLVED:  That the proposal to move forward with the Building Schools for the Future:  One?School Pathfinder project be formally approved.

Reason for Decision:  The Department for Education and Skills had offered Harrow the opportunity to rebuild a high school by December 2009.

(See also Minute 128).

Report of the Executive Director (Urban Living)

The Portfolio Holder for Housing introduced the report, which recommended the adoption of standards for fire safety and amenities for Houses in Multiple Occupation that were subject to Licensing under the Housing Act 2004.  It also proposed minor amendments to the Statutory Fees for Licensing Houses in Multiple Occupation.

RESOLVED:  That (1) the standards for Fire Safety in respect of Houses in Multiple Occupation, attached at Appendix 1 to the officer report, be adopted;

(2)  the standards for Amenities in respect of Houses in Multiple Occupation, attached at Appendix 2 to the officer report, be adopted;

(3)  the Statutory Fees for Licensing Houses In Multiple Occupation be varied in accordance with the schedule detailed in Appendix 3 to the officer report.

(See also Minute 128).

Reason for Decision:  The proposed delegations were consistent with best practice in decision making and making Harrow safe, sound and supportive. 

Report of the Executive Director (Urban Living)

The Director of Planning Services introduced the report, which advised that it was a statutory requirement that the Council prepare and submit an annual report to the Secretary of State before 31 December 2006.  The report had to assess the implementation of the Local Development Scheme and the extent to which the Council’s planning policies were being implemented.  Following consideration of this matter by the Local Development Framework Panel on 30 November 2006, Members were requested to approve the submission of the Annual Monitoring Report.

RESOLVED:  That (1) the contents of the Annual Monitoring Report 2005?06, as attached at Appendix 1 to the report of the Executive Director (Urban Living), be noted; 

(2)  the Annual Monitoring Report 2005?06 be submitted to the Secretary of State through the Government Office for London before 31 December 2006.

Reason for Decision:  To approve the submission of the Annual Monitoring Report 2005?06 to the Secretary of State in accordance with Section 35 of the Planning and Compulsory Purchase Act 2004.

Report of the Director of Planning Services

The Director of Planning Services introduced the report and advised that it was a requirement that the Council’s Local Development Framework conformed to the London Plan.

The Portfolio Holder for Planning, Development and Enterprise reported that there had been a full discussion of the proposals at the Local Development Framework Panel and that it was difficult to determine what would be required in the future.  She expressed her concern that the Mayor for London appeared to place more emphasis/importance on other London Boroughs whilst the west of London was seemingly ignored.

RESOLVED:  That (1) Harrow’s response to the Draft Alterations to the London Plan, as circulated on the supplemental agenda, be approved;

(2)  the draft West London Response, as circulated on the supplemental agenda, be noted.

Reason for Decision:  To ensure that the Council’s views were made known to the Greater London Authority.

Report of the Director of Legal Services

The Portfolio Holder for Urban Living – Community Safety and Public Realm introduced the report, which set out her suggestion for a different course of action to the officer recommendation in a recent Portfolio Holder report and sought Cabinet’s views on the decision in relation to this matter.

RESOLVED:  That the officer recommendation detailed in the Portfolio Holder report (PHD 030/06) not be agreed and instead that the “set down” arrangements proposed by the Portfolio Holder for Urban Living – Community Safety and Public Realm be agreed as sufficient.

Reason for Decision:  To meet the requirements of the Council’s Constitution as set out in paragraph 2.3 of the Appendix to the Executive Procedure Rules (Part 4D of the Constitution) which stated that where the Portfolio Holder was considering taking a decision which differed from the recommendation, the matter must be referred to Cabinet for decision. 

Report of the Executive Director (Urban Living)

Members received a confidential report of the Director of Planning Services in relation to land at Gayton Road.

RESOLVED:  That it be agreed, in principle, to dispose of the land in the Gayton Road to Fairview Homes Limited in order to facilitate the provision of a library/performing arts/exhibition centre and replacement car park and that officers be authorised to negotiate terms.

Reason for Decision:  To enable officers to negotiate terms for the disposal of land in Gayton Road.

Report of the Executive Director (Urban Living)

Members received a confidential report of the Executive Director (Urban Living) in relation to the disposal of Greenhill Road Car Park.

RESOLVED:  That (1) the disposal of the eastern part of Greenhill Road Car Park to the adjoining land owner as a replacement car park be approved;

(2)  the disposal of the western part of Greenhill Road Car Park by auction, in conjunction with land from the adjoining land owner, be approved;

(3)  the Executive Director (Urban Living) be authorised to negotiate and conclude the disposal on the most favourable terms;

(4)  the amendment of the Off?Street Parking Places Order to delete Greenhill Road Car Park be authorised.

Reason for Decision:  To generate a capital receipt for the Council, giving value for money in line with the corporate objectives.

[Note:  Councillor Mrs Kinnear wished to be recorded as having voted against the above resolution].

Report of the Executive Director (Urban Living)

Members received a confidential report of the Executive Director (Urban Living) in relation to the disposal of Tenby Hall.

RESOLVED:  That Tenby Hall was surplus to requirements and that the Executive Director (Urban Living) be authorised to negotiate the best possible price by effecting a joint disposal with North West London Mental Health Trust, who owned the adjacent Tenby Clinic, on an equal share and cost basis.

Reason for Decision:  To enable a redundant and a semi-derelict property to be sold raising a capital receipt for the Council at best consideration.  The proposal was consistent with the Council’s new corporate priority of tackling waste and giving real value for money.

In accordance with the provisions of Executive Procedure Rule 24.2(ii)(6) (Part 4D of the Council’s Constitution) it was

RESOLVED:  At 9.59 pm to continue until 10.10 pm.