Agenda and minutes

Cabinet - Thursday 14 May 2009 7.30 pm

Venue: Committee Rooms 1 & 2 Harrow Civic Centre

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

Items
No. Item

PART I - RECOMMENDATIONS - NIL

PART II - MINUTES

616.

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 Cabinet; and

(b)               all other Members present.

Minutes:

 

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

617.

Minutes pdf icon PDF 58 KB

Of the Cabinet meeting held on 23 April 2009 to be taken as read and signed as a correct record.

Minutes:

 

RESOLVED:  That the minutes of the meeting held on 23 April 2009 be taken as read and signed as a correct record.

618.

Petitions

To receive any petitions submitted by members of the public or Councillors.

Minutes:

Councillor Margaret Davine presented a petition containing 36 signatures of residents of Collier Drive and surrounding roads requesting action to tackle congestion and improve the state of alleyways in the area. She read the terms of the petition to the meeting.

 

RESOLVED:  That the petition be received and referred to the Traffic and Road Safety Advisory Panel for consideration.

619.

Public Questions

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

 

Questions will be asked in the order notice of them was received and there be a time limit of 15 minutes.

Minutes:

 

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

 

1.

 

Questioner:

 

Brian Stoker

 

Asked of:

 

Councillor David Ashton, Leader of the Council and Portfolio Holder for Strategy, Partnership and Finance

 

Question:

“You are reviewing a paper this evening on the future of Cedars Hall in which you are being asked, inter alia, to confirm a Cabinet decision of 21 May 2008 to authorise disposal of Cedars Hall site for residential development.  Why is it necessary to confirm this decision, implying that other Cabinet decisions also need to be confirmed?”

 

Answer:

The decision taken by Cabinet in May 2008 agreed the granting of a lease to Weald Tenant’s and Resident’s Association for community use, subject to certain timescales and conditions and proposed an Option B should this opportunity not be fulfilled, that the land be sold for housing.

 

The report to be considered by Cabinet tonight proposes the granting of the lease to Kids Can Achieve but Cabinet is also being asked to approve, should the lease to Kids Can Achieve not be completed, the disposal of the site for housing development when, or if, economic conditions permit.

 

The Officers report being presented sets out all the material considerations clearly and transparently so that they are absolutely clear to all stakeholders.

 

Supplemental Question:

Why is it that the other half of that Cabinet decision, to sell for residential development is not also confirmed?  Namely, authorisation to invest up to £100,000 from the sale proceeds to improve local community facilities. The second part of the decision that you have agreed to sell for residential housing, (a) was sell it, and (b) was £100,000 for the community.

 

Supplemental Answer:

Well, the first thing is that we very much hope and expect that the Kids Can Achieve process will work, but we, as a Council, have to have a legal alternative to do something with the property.  If contrary to what we expect and hope, the KCA proposal does not work out, then I would expect that whatever commitment we made first time round, in terms of use of part of the funds from selling it if we had to, for residential development, would go the same way as before.

 

2.

 

Questioner:

 

Frances Pickersgill

Asked of:

 

Councillor David Ashton, Leader of the Council and Portfolio Holder for Strategy, Partnership and Finance

 

Question:

“In the paper concerning Cedars Hall that you are being asked to approve later this evening, the "timeline for the submission of the planning application is to be relaxed and KCA is to submit a planning application no later than 6 weeks following completion of the lease".

 

Since the paper acknowledges that the Council's inability to agree on the lessee being KCA has delayed the application, why is the timeline not the original 4 months as it was in the Cabinet decision of 21st May last year, rather than only 6 weeks?”

 

Answer:

Since the Cabinet Report of May 2008, the Council has been in constant negotiations with  ...  view the full minutes text for item 619.

620.

Councillor Questions

To receive any Councillor questions received in accordance with paragraph 17 of the Executive Procedure Rules.

 

Questions will be asked in the order notice of them was received and there be a time limit of 15 minutes.

Minutes:

 

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

 

1.

 

Questioner:

 

Councillor Paul Scott

Asked of:

 

Councillor David Ashton, Leader of the Council and Portfolio Holder for Strategy, Partnership and Finance

 

Question:

“Would you agree with me that the recommendations regarding Cedars Hall represent a means of bringing the hall back into the community use for which it was intended, are likely to command public support and will be within the Council's financial resources?”

 

Answer:

Very much so.  As I said before, and as Councillor Ferrari rightly said, this is a very positive move.  We are not quite there yet but it is a very positive move which we completely support.

 

Supplemental Question:

Would you also agree that given the widespread and well known opposition to housing on the site, some of which you have been reminded of this evening, the Council would do well to avoid falling back on the May 2008 decision?

 

Supplemental Answer:

We would hope that is not necessary but as a Council we have a responsibility and we have to have a route forward if we cannot go ahead with our desired option for any property. Therefore legally speaking, we have to have that as an option.

 

2.

 

Questioner:

 

Councillor Bill Stephenson

Asked of:

 

Councillor Susan Hall, Deputy Leader of the Council and Portfolio Holder for Environment Services and Community Safety

 

Question:

“Has the Council joined the Carbon Trading Councils scheme?”

 

Answer:

The Council has not subscribed to this scheme operated by the Local Government Information Unit.  Harrow Council has signed the Nottingham Declaration and is taking action to reduce the carbon footprint of the Council’s activities.  The Climate Change Strategy, which was taken through Cabinet, is at the consultation stage and will come back to Cabinet in due course.

 

Supplemental Question:

Is Councillor Hall aware that sooner or later we will have to join this scheme?  Is it not better to jump before you are pushed?

 

Supplemental Answer:

No, it is actually better to learn to walk before you do anything else and that is what we are doing.  We are doing a consultation at the moment.  We are moving in a steadfast way but to make sure that we put in sustainable differences as opposed to ticking boxes. We have got our scheme going and we are making sure that everything we do is sustainable.

 

3.

 

Questioner:

 

Councillor Bill Stephenson

Asked of:

 

Councillor Susan Hall, Deputy Leader of the Council and Portfolio Holder for Environment Services and Community Safety

 

Question:

“How many vehicles have been clamped on the Civic Centre site (i) for parking illegally in disabled bays, (ii) for parking illegally in general, for each of the last three financial years?”

 

Answer:

We vigorously encourage good parking behaviour through our security staff and stickers are often put on vehicles asking them to park in a more considerate way.

 

We do not keep a register of the vehicles that are clamped.  At the Civic Centre vehicles are only clamped for  ...  view the full minutes text for item 620.

621.

Forward Plan 1 May - 31 August 2009 pdf icon PDF 60 KB

Minutes:

The Chairman reported that two items on the Forward Plan, “Future Partnership Governance Arrangements for Adult Health and Social Care in Harrow”, and “IT Strategy and Delivery Model”, had been deferred to June.  The item “Procurement of Sports and Leisure Facilities Contract Management Partner” had been deferred to September.

 

RESOLVED:  To note the contents of the Forward Plan for the period 1 May – 31 August 2009.

622.

Progress on Scrutiny Projects pdf icon PDF 17 KB

For consideration

Minutes:

 

RESOLVED:  To receive and note the current progress of the scrutiny reports.

623.

Establishment of Cabinet Committees, Advisory Panels and Consultative Forums and appointment of Chairmen

Additional documents:

Minutes:

The Chairman reported that the nominations for Chairman and membership of Cabinet’s Committees, Advisory Panels and Consultative Forums were before Members for consideration and approval.  The appointment of Cabinet Assistants was also subject to approval.

 

RESOLVED:  That the appointments for the Municipal Year 2009/10 as detailed in Appendix 1 to these minutes be approved.

 

Reason for Decision:  To enable Cabinet bodies to be convened and Cabinet Assistants to be appointed.

624.

Timetable for the Preparation and Consideration of Statutory Plans and Strategies 2009/10 pdf icon PDF 42 KB

Report of the Director of Legal and Governance Services

Minutes:

The Leader of the Council introduced a report, which set out the requirements of the Council’s Constitution in terms of the development of its policy framework and sought approval to the timetable for consideration of four statutory plans and strategies.  He advised that the timetable for the Local Implementation Plan was subject to the Mayor of London publishing the transport plan and then Transport for London publishing guidance.  Dates for this plan were therefore not included in Appendix A to the report.

 

RESOLVED:  That the timetable for the preparation and consideration of the statutory plans and strategies as set out at Appendix 2 to these minutes be approved.

 

Reason for Decision:  To comply with the requirements of paragraph 3 of the Budget and Policy Framework Procedure Rules set out in Section 4C of the Council’s Constitution.

625.

Comprehensive Area Assessment and Audit Fee Letters 2009/10 pdf icon PDF 40 KB

Report of the Corporate Director of Finance and Assistant Chief Executive

Additional documents:

Minutes:

The Corporate Director of Finance introduced a report, which provided Cabinet with an opportunity to comment on the Comprehensive Area Assessment (CAA) and Audit programme and fees for 2009?10.  She advised that this year, two separate fee letters had been received, one from the Audit Commission and the other from the External Auditor.  She added that the fees were indicative and would be kept under review by both the Audit Commission and External Auditor.

 

The Corporate Director of Finance advised that the fees would be considered by the Governance, Audit and Risk Management Committee in June.  She invited Portfolio Holders to send her comments on the fees which she would then forward on as appropriate.

 

The Chairman commented that it was pleasing to see that the fees were reducing.

 

RESOLVED:  That the Comprehensive Area Assessment (CAA) and Audit programme and fees for 2009?10 be noted.

 

Reason for Decision:  To ensure that Cabinet was aware of the planned assessment and audit activity for 2009?10.

626.

Temporary to Permanent Housing Initiative

Report of the Divisional Director of Housing

Additional documents:

Minutes:

The Portfolio Holder for Adults and Housing introduced a report, which confirmed that the proposed West London Temporary to Permanent Housing initiative was no longer proceeding.  He advised that paragraph 2.1.5 of the report set out the reasons for not continuing with the scheme.

 

RESOLVED:  To note that the scheme was not proceeding for the reasons set out in the report of the Corporate Director of Adults and Housing.

 

Reason for Decision:  The scheme was no longer proceeding.

627.

Key Decision - Future Organisation of Priestmead First School and Priestmead Middle School pdf icon PDF 84 KB

Report of the Director of Schools and Children’s Development

Additional documents:

Minutes:

The Portfolio Holder for Schools and Children’s Development introduced a report, which set out the outcome of the statutory consultation about the future organisation of Priestmead First School and Priestmead Middle School, and the recommendations of the federated governing body that the two schools amalgamate in January 2010.

 

The Portfolio Holder for Schools and Children’s Development reported that 77% of the responses from parents and staff of both schools were in support of the proposals whilst 6% were opposed.  The Director of Schools and Children’s Development advised that the governing body had commended the work of the headteachers and the support they had given to the whole process.

 

RESOLVED:  That, having considered the outcome of the statutory consultation and the recommendation from the federated governing body, the publication of statutory notices to combine Priestmead First School and Priestmead Middle School be approved.

 

Reason for Decision:  To exercise the local authority’s statutory responsibility in relation to school organisation and to publish statutory notices to effect the change.

628.

Key Decision - Cedars Hall, Uxbridge Road, Harrow pdf icon PDF 97 KB

Report of the Corporate Director of Place Shaping

Minutes:

The Portfolio Holder for Major Projects and Property introduced a report, which updated Cabinet on the current position with Cedars Hall and sought approval of a number of recommendations.  The Leader of the Council stated that Members were keen to see the proposal progress and indicated that residents should contact him if any issues arose.

 

RESOLVED:  That the Corporate Director of Place Shaping, in conjunction with Portfolio Holder for Major Projects and Property, be authorised to:

 

a)                   permit a letting of Cedars Hall to Kids Can Achieve (KCA), subject to KCA receiving a quote for the refurbishment in line with their funding from Futurebuilders and KCA granting a sub lease to Weald Tenants and Residents Association (WTRA) at a peppercorn rent for the duration of their lease and other terms to be approved by the Corporate Director of Place Shaping;

 

b)                  relax the timeline for the submission of the planning application and KCA submit a planning application no later than 6 weeks following the completion of the lease;

 

c)                   agree alienation terms which permitted Futurebuilders (the proposed funders) only to assign, having first given the Council the option to take the property back on agreed terms, noting that assignment was to be with landlord’s consent which would be statutorily qualified not to be unreasonably withheld;

 

d)                  in the event of the Cedars Hall letting not proceeding, confirm the decision of Cabinet 21 May on 2008 and conclude the disposal of Cedars Hall site for residential development at best consideration, noting that the necessary marketing exercise would commence if and when suitable economic conditions prevailed.

 

Reason for Decision:  If the letting of Cedars Hall proceeded, the recommendation would allow KCA access to funding from Futurebuilders to bring the property back into community use, providing a base for WTRA.  If the option to accommodate WTRA in the new Cedars Youth Centre, to be redeveloped with the £4.1m grant, and KCA within the Council’s existing school property was deemed suitable, then the leasing of Cedars Hall would not need to proceed.  This would permit Cedars Hall to be disposed of for residential development generating a capital receipt in accordance with Option 2 in the May 2008 Cabinet Report.

629.

Key Decision - Sustainable Building Design Supplemental Planning Document - Adoption pdf icon PDF 68 KB

Report of the Corporate Director of Place Shaping

Additional documents:

Minutes:

The Portfolio Holder for Planning, Development and Enterprise introduced a report, which stated that the objective of the Sustainable Building Design Supplemental Planning Document (SPD) was to ensure that new development within Harrow was designed to be more efficient, cost less to run (heat and maintain) and more sustainable.  She drew attention to section 1 of the report which stated that the SPD also sought to encourage all residents to consider the actions they could take to reduce their own impacts on the environment.  Through improving the sustainability of homes and buildings, it was anticipated that this SPD would contribute towards the Council meeting its commitment to tackle climate change as well as generally improving the quality of life of its residents.  The Portfolio Holder drew attention to the recommendation from the Local Development Framework Panel.

 

The Corporate Director of Place Shaping stated that his department intended to provide sufficient and appropriate information to applicants to enable them to comply with the SPD requirements.

 

RESOLVED:  That the Sustainable Building Design SPD, attached at Appendix A to the report of the Corporate Director of Place Shaping, be adopted.

 

Reason for Decision:  The SPD would, upon adoption, become a material consideration in the determination of planning applications. 

Appendix 1 - Cabinet Panels Memberships - May 2009 pdf icon PDF 40 KB

Appendix 2 - Statutory Plan 2009-10 pdf icon PDF 33 KB