Agenda, decisions and minutes

The Leader of the Council received Cabinet’s approval to vary the order of the agenda and bring items 12, Whitchurch Playing Fields’, and 9, ‘School Organisation’ forward due to public interest.  He added that that both the public and Councillor questions relating to items 12 and 9 would be answered prior to the consideration of the substantive items.  Thereafter, the meeting would revert to the order of business set out on the agenda.

The Leader confirmed that public and Councillor questions which did not relate to any substantive items on the agenda would be answered following consideration of item 9.

The Leader stated that, before the next Cabinet meeting, he would reflect on the time that had previously been allowed for the asking and answering of public questions.  He reserved his right to limit the time to 15 minutes for future meetings of Cabinet.

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

(a)               all Members of the Cabinet;

(b)               all other Members present.

Agenda Item 8 – London 60+ Card Motion

Councillor Janet Mote declared an interest in this item in that she was the holder of a London 60+ Card.  She would remain in the room to listen to the debate on this item.

Agenda Item 9 – School Organisation

Councillor Paul Osborn declared a non-pecuniary interest in this item in that he was a governor of Norbury School and Roxbourne Infant and Junior School.

Councillor Barry Macleod-Cullinane declared a non-pecuniary interest in this item in that his sister was a teacher at Hatch End High School.

Councillor Husain Akhtar declared a personal interest in this item due to his interest in education matters and that he was Chair of Governors at Grange School.

Councillor Marilyn Ashton declared a non-pecuniary interest in this item, as she was a governor of Park High School.  She would remain in the room to listen to the debate on this item.

Councillor Christine Bednell declared an interest in this item in that she was a governor of Vaughan Primary School.

They would remain in the room to listen to the debate on this item.

Agenda Item 11 – Climate Change Strategy

Councillor Bill Stephenson declared a personal interest in this item in that his daughter had had insulation put into the loft to her home by the Council.  He would remain in the room whilst the matter was considered and voted upon.

Agenda item 12 – Whitchurch Playing Fields

During the course of the meeting, Councillors Camilla Bath and Lynda Seymour declared an interest in this item.  They would remain in the room to listen to the debate on this item.

That the minutes of the Cabinet meeting held on 11 October 2012 be taken as read and signed as a correct record.

RESOLVED:  That the minutes of the meeting held on 11 October 2012, be taken as read and signed as a correct record.

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

Petition regarding No 6 Hereford Gardens

Councillor Chris Mote presented a petition, signed by 24 people, with the following terms of reference outlined in brief below:

“We the undersigned residents of Hereford Gardens wish the Planning Department to take positive action regarding the ongoing “building/use” of No. 6 Hereford Gardens.”

The petition was accompanied by a letter setting out, in detail, the residents’ concerns with regard to the property in question.

RESOLVED: That the petition be received and referred to the Corporate Director of Environment and Enterprise and the Portfolio Holder for Planning and Regeneration.

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.

[The deadline for receipt of public questions is 3.00 pm, Monday 19 November 2012.  Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

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

1.

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

Questions will be asked in the order agreed with the relevant Group Leader by the deadline for submission and there be a time limit of 15 minutes.

[The deadline for receipt of Councillor questions is 3.00 pm, Monday 19 November 2012].

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

1.

2.

RESOLVED:  To note the contents of the Key Decision Schedule for November 2012 – January 2013.

For consideration

RESOLVED:  To receive and note the progress of scrutiny projects.

Report of the Corporate Director of Resources

Resolved to RECOMMEND:  (to Council) 

That the discounts and exemptions, as set out in the detailed proposals and summarised in table A, be changed with effect from 1 April 2013.

Reason for Decision:  Agreeing the proposed changes to Council Tax discounts/exemptions would result in Harrow generating an extra £1.1m in Council Tax revenue through the application of removal of discounts or exemptions, or the application of a premium on empty homes.  The proposals would mean that Harrow, and the major preceptors, would benefit from an increase in Council Tax revenue without Council Tax being increased.  This would maximise tax take and support the Council’s financial priorities.  Harrow’s share would be 80% with 20% going to the preceptors (GLA, Fire and Police Authorities).

Alternative Options considered and rejected:  As set out in the officer’s report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

[Call-in does not apply as the decision is reserved to Council.]

Cabinet received a report of the Corporate Director of resources, setting out proposals for Harrow to change its policy with regard to discounts and exemptions currently available to Council Tax payers following legislative changes set in the Local Government Finance Act 2012.

The Portfolio Holder for Finance outlined the proposals that would help raise revenue from 1 April 2013, as follows:

·                     second home discount of 10% to be amended to 0%;

·                     changing responsibility of liability for Council Tax on homes that had been re-possessed.  This would allow the Council to charge the mortgagee in possession rather than allow a Council Tax exemption;

·                     abolish exemptions for unoccupied dwellings;

·                     charging 50% premium on top of the Council Tax on long term empty properties.

The Portfolio Holder for Finance added that the revenue raised would be used to provide services for the needy.  He was also of the view that some of the proposals would help reduce crime and disorder.

The Portfolio Holder for Business Transformation and Communications welcomed the legislative changes and was briefed on the number of properties in Harrow that the measures would apply to, which he considered to be considerable.  He supported the proposals.

Resolved to RECOMMEND:  (to Council) 

That the discounts and exemptions, as set out in the detailed proposals and summarised in table A, be changed with effect from 1 April 2013.

Reason for Decision:  Agreeing the proposed changes to Council Tax discounts/exemptions would result in Harrow generating an extra £1.1m in Council Tax revenue through the application of removal of discounts or exemptions, or the application of a premium on empty homes.  The proposals would mean that Harrow, and the major preceptors, would benefit from an increase in Council Tax revenue without Council Tax being increased.  This would maximise tax take and support the Council’s financial priorities.  Harrow’s share would be 80% with 20% going to the preceptors (GLA, Fire and Police Authorities).

Alternative Options considered and rejected:  As set out in the officer’s report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

[Call-in does not apply as the decision is reserved to Council.]

Motion from Council held on 8 November 2012.

RESOLVED:  That the Motion be noted.

Reason for Decision:  To respond on the referral from Council.

Alternative Options considered and rejected: To approve the Motion.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

[Call-in does not apply to decisions that have been noted.]

RESOLVED:  That the Motion be noted.

Reason for Decision:  To respond on the referral from Council.

Alternative Options considered and rejected: To approve the Motion.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

[Call-in does not apply to decisions that have been noted.]

Report of the Corporate Director of Children and Families.

RESOLVED:  That

(1)               the latest school roll projections that indicate a higher and later peak in demand for additional primary school places be noted;

(2)               the implications for additional school places that would be required and the significant pressure on the Council to fulfill its statutory responsibilities to provide sufficient school places be noted;

(3)               the second phase of primary schools be moved to the statutory process for permanent expansion;

(4)               the decision about the final list of schools that should be moved to the statutory process for permanent expansion be delegated to the Corporate Director Children and Families, in consultation with the Portfolio Holder for Children, Schools and Families;

(5)               following the statutory consultations, Cabinet agrees to receive a report in April 2013 to decide the schools about which statutory expansion proposals will be published;

(6)               the approach to reviewing and achieving preferred models of school organisation be approved with a report back to Cabinet in April 2012.

Reason for Decision:  To enable the Local Authority to fulfill its statutory duties to provide sufficient school places in its area as part of its strategic role as champion for parents and families, for vulnerable pupils and of educational excellence.

Alternative Options considered and rejected: As set out in the officer report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

Portfolio Holder for Children, Schools and Families introduced the report, which set out the progress made to meet the increased demand for primary school places.  The report set out the approach to developing the second phase of the primary school expansion programme, school roll projections and a review of the approach to achieving the Council’s preferred model of primary school organisation.

The Divisional Director of Quality Assurance and Service Improvement outlined the key aspects of the ‘enabling’ report, including the evolving role of local authorities in light of government legislation where Councils were expected to commission rather than provide services.  The Divisional Director added that, in its new strategic role, it was important for Councils to consider how they would ensure sufficient high quality places, promote choice and excellence in education standards the proposal would provide.

The Divisional Director highlighted aspects of the report which described how the first phase of the school expansion programme had progressed, issues with school roll projections and the significant increases in primary school age children, use of the model provided by the Greater London Authority (GLA) to analyse roll projections, including the work carried out with the headteachers on capacity of school sites and guiding principles.  She was pleased to report that eight Harrow schools had been accepted into the Primary School Building Programme, which aimed to rebuild those schools in the worst condition nationally, and these schools would also be considered as schools for permanent expansion.

Cabinet’s attention was drawn to the strategic approach to school organisation and how this would work.  It was noted that there was no intention to change the School Amalgamation Policy and 18 community schools had amalgamated since the policy was agreed.  However, since the Amalgamation Policy was agreed, there had been significant changes to education legislation which offered other management and governance arrangements to support continued school improvement and achieve the education benefits of a combine school, including the funding formula.

In noting that the Education Consultative Forum would be also be consulted on school expansion, Cabinet

RESOLVED:  That

(1)               the latest school roll projections that indicate a higher and later peak in demand for additional primary school places be noted;

(2)               the implications for additional school places that would be required and the significant pressure on the Council to fulfill its statutory responsibilities to provide sufficient school places be noted;

(3)               the second phase of primary schools be moved to the statutory process for permanent expansion;

(4)               the decision about the final list of schools that should be moved to the statutory process for permanent expansion be delegated to the Corporate Director Children and Families, in consultation with the Portfolio Holder for Children, Schools and Families;

(5)               following the statutory consultations, Cabinet agrees to receive a report in April 2013 to decide the schools about which statutory expansion proposals will be published;

(6)               the approach to reviewing and achieving preferred models of school organisation be approved with a report back to Cabinet in April 2013.  ...  view the full minutes text for item 534.

Report of the Corporate Director of Community, Health and Wellbeing.

RESOLVED:  That the following budgets changes be approved/agreed, as appropriate:

(1)               re-alignment of the Housing Revenue Account (HRA) Capital Programme, as set out in Table 1, paragraph 4.1, of the report;

(2)               a supplementary estimate for revenue funding of works arising from the new health and safety inspection regime to be funded by reduced capital funding costs in the Housing Revenue Account (HRA) of £300k;

(3)               a supplementary estimate for salaries of £70k.

Reason for Decision:  To enable the 2012/13 Capital Programme to be delivered on time, for savings achieved through procurement to be fully utilised, and to increase the staffing budget to reflect a more accurate apportionment of activities between capital and revenue.

Alternative Options considered and rejected:  As set out in the officer report. To leave budgets as they were.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

Cabinet received a report of the Corporate Director of Community, Health and Wellbeing, which proposed a re-alignment of individual budget lines on the Housing Capital Programme since the receipt of additional information and following the setting of the budget in February 2012.  The report also sought approvals for supplementary estimates in the revenue budgets.

The Portfolio Holder for Housing provided a background to the report and explained why the budgets required re-aligning and the risks associated with leaving the budgets as they were.  He explained that the latter would make the entire 2012/13 Housing Capital Programme undeliverable and put the Council at risk as it would be unable to take advantage of the procurement savings achieved during the financial year.

The Portfolio Holder commented on aspects of the report, of which the notable points were:

·                     that the Council was on target to deliver a capital programme in excess of £9m, an increase from the total programme of £6m in 2011/12 and £5m in 2010/11;

·                     that for the first time in many years, the Council had a five year external decoration programme that would commence before the end of the current financial year;

·                     savings made in procuring works would be invested in other areas;

·                     some contacts were being delivered in a different way, for example, improvements to kitchens and bathrooms were being delivered in a single contract.  As part of this programme, tenants in sheltered accommodation had a choice between baths and level access showers which would help reduce the need for individual adaptations;

·                     gas and heating programmes would be combined, £80,000 would be allocated to a fencing programme and £60,000 set aside for garage works would be deferred following a request from the relevant working group.

Members were also made aware of the proposal to increase the allocation for the upgrade of the sheltered warden call scheme, and the proposal to reduce the capital budget for health and safety works which were revenue in nature.  Additionally, the proposal to capitalise salaries would allow additional resources to be invested in consulting tenants and leaseholders on major work programmes.

The Portfolio Holder commended the report to Cabinet.

RESOLVED:  That the following budgets changes be approved/agreed, as appropriate:

(1)               re-alignment of the Housing Revenue Account (HRA) Capital Programme, as set out in Table 1, paragraph 4.1, of the report;

(2)               a supplementary estimate for revenue funding of works arising from the new health and safety inspection regime to be funded by reduced capital funding costs in the Housing Revenue Account (HRA) of £300k;

(3)               a supplementary estimate for salaries of £70k.

Reason for Decision:  To enable the 2012/13 Capital Programme to be delivered on time, for savings achieved through procurement to be fully utilised, and to increase the staffing budget to reflect a more accurate apportionment of activities between capital and revenue.

Alternative Options considered and rejected:  As set out in the officer report. To leave budgets as they were.

Conflict of Interest relating to the matter declared by Cabinet Member  ...  view the full minutes text for item 535.

Report of the Corporate Director of Environment and Enterprise.

RESOLVED:  That

(1)               the progress review on the current Climate Change Action Plan be noted;

(2)               the progress made in reducing emission in 2011/12, as reported under CRC and GHG, be noted;

(3)               the progress of the RE:FIT programme be noted;

(4)               the Climate Local Declaration be signed;

(5)               the proposed draft of the revised Climate Change Action Plan be noted;

(6)               the proposed draft of the revised Delivering Warmer Homes (HECA) report be noted;

(7)               the revised proposals be subject to public consultation, with the results being reported back to Cabinet in March 2013.

Reason for Decision:  To ensure continued progress in delivery the Council’s Climate Change Strategy and the associated reduction in emissions.

Alternative Options considered and rejected: As set out in the officer report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

The Portfolio Holder for Environment and Community Safety introduced the report, reviewing the progress of the existing Climate Change Strategy and proposals for revisions.  He outlined the position in regard to the nine policy areas and set out the options for the future which would be significant as climate change issues would be integrated within the wider workings of the Council with a move away from its concentration within the singles Directorate.

The Portfolio Holder outlined some of the significant achievements, such as the Climate Local Commitment to demonstrate commitment to addressing climate change, and the RE:FIT Programme to retrofit energy efficiency measures in the Council’s corporate and school building work.  He added that public consultation was intended on the draft Delivering Warmer Homes and, as part if this, the Council would also engage with energy companies to determine the potential for working in partnership on the delivery of the Green Deal.  The new schemes would offer opportunities to reduce bills and enhance the health and wellbeing of Harrow’s population.  It was noted that additional reports would be submitted in the New Year.

RESOLVED:  That

(1)               the progress review on the current Climate Change Action Plan be noted;

(2)               the progress made in reducing emission in 2011/12, as reported under CRC and GHG, be noted;

(3)               the progress of the RE:FIT programme be noted;

(4)               the Climate Local Declaration be signed;

(5)               the proposed draft of the revised Climate Change Action Plan be noted;

(6)               the proposed draft of the revised Delivering Warmer Homes (HECA) report be noted;

(7)               the revised proposals be subject to public consultation, with the results being reported back to Cabinet in March 2013.

Reason for Decision:  To ensure continued progress in delivery the Council’s Climate Change Strategy and the associated reduction in emissions.

Alternative Options considered and rejected:  As set out in the officer report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

Report of the Corporate Director of Place Shaping.

RESOLVED:  That

(1)               having considered the proposed terms which have been negotiated, provisionally agreed and recommended by officers, Option 1 ,set out in the report, be agreed;

(2)               the Corporate Director of Place Shaping, in consultation with the Portfolio Holder for Property and Major Contracts, be authorised to conclude  contractual arrangements  on the basis of Option 1 and  the  heads of terms set out in the report.

Reason for Decision:  To attract inward investment to establish a modern sports and leisure facility, to include substantially improved playing pitches, for the benefit of local schools and residents and at no direct financial cost to the Council.

Alternative Options considered and rejected: As set out in the officer’s report. Option 2 was rejected.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  None.

Cabinet received a report of the Corporate Director of Place Shaping, which set out the outcome of negotiations with the Whitchurch Playing Fields Consortium in connection with contractual arrangements for the proposed development of a Sports and Leisure Complex at Whitchurch Playing Fields.

The Leader of the Council and Portfolio Holder for Property and Major Contracts welcomed the report and the proposals which would provide superb facilities for the residents of Harrow.  He drew Cabinet’s attention to the obligations and termination rights, associated with the proposed Service Level Agreement (SLA) between the Council and Whitchurch Playing Fields Consortium and the benefits that such an agreement would provide to schools and local organisations.  He invited the Corporate Director of Place Shaping to set out the history of the project.

The Corporate Director of Place Shaping informed Cabinet that the project had been initiated in November 2008 culminating in a series of reports to Cabinet and the choice of a preferred bidder, Whitchurch Playing Fields Consortium, in November 2011.  The Corporate Director added that the Consortium was expected to employ and deploy resources to take forward and engage with the public.

The Corporate Director added that, in June 2012, Cabinet received a detailed report providing an appropriate balance of the concerns raised by, including support received from, the wider community.  Cabinet was now being asked to determine key commercial matters relating to negotiations with the Whitchurch Playing Fields Consortium.  He added that the Council’s regulatory process was separate from its responsibility as a land owner and the same applied to its planning and licensing processes, and each could stop the project coming to fruition.

Cabinet was advised that it had authority to decide on the commercial terms and that the application for the site to be designated as a Village Green would be considered separately.  The Corporate Director informed Cabinet that a decision in favour would allow the Whitchurch Playing Fields Consortium to compile a planning application; however, it was likely that it would await the determination on the Village Green application prior to making progress on planning processes.  He added that the planning and licensing processes would also involve separate and independent consultation.

The Corporate Director outlined the three elements to the recommendation before Cabinet and explained that the lease for 99 years with effect from satisfactory completion of the development works and the SLA would only be completed once the facility had been built by the Whitchurch Playing Fields Consortium.  He added that the site would revert back to the Council should the proposal stop at any stage of the process.

The Portfolio Holders for Planning and Regeneration, Business Transformation and Communications, and Community and Cultural Services commended the report to Cabinet on the basis that the Council had an opportunity to open a great sports facility in Harrow and commended the recommendations.  They commented as follows:

·                     planning and licensing processes would be impartial and judicial.  The situation in relation to the Whitchurch Playing Fields might alter once  ...  view the full minutes text for item 537.