Agenda, decisions and minutes

Cabinet - Thursday 13 December 2012 7.30 pm

Venue: Committee Rooms 1 & 2, Harrow Civic Centre

Contact: Daksha Ghelani, Senior Democratic Services Officer  Tel: 020 8424 1881 E-mail:  daksha.ghelani@harrow.gov.uk

Items
No. Item

538.

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;

(b)               all other Members present.

Minutes:

RESOLVED:  To note that there were no declarations of interests made by Members.

539.

Minutes pdf icon PDF 209 KB

That the minutes of the Cabinet meeting held on 22 November 2012 be taken as read and signed as a correct record.

Minutes:

RESOLVED:  That the minutes of the meeting held on 22 November 2012, be taken as read and signed as a correct record.

540.

Petitions

To receive (a) a petition in favour of the rebuild of Vaughan Primary School; (b) any other petitions submitted by members of the public or Councillors.

Minutes:

Petition in favour of the rebuild of Vaughan Primary School

 

Shane Tucker, a local resident, presented a petition, signed by 185 people, with the following terms of reference:

 

“We, the undersigned, are in favour of the proposal to expand, rebuild and redevelop the Vaughan School site.

 

By increasing the school to a three-form entry, we will be supporting Harrow Council and the local community regarding the high demand on school places.

 

The school is successful and over subscribed and by expanding we will create more places for local families.

 

By redeveloping the site, we will have a modern fit for purpose accommodation, which allows for the children to be educated on a safe and secure site.

 

The condition of the existing school building is not fit for purpose with asbestos, heating and roofing issues jeopardising the day to day running of the school.”

 

RESOLVED:  That the petition be received and referred to the Corporate Directors of Environment and Enterprise and Children and Families and the Portfolio Holders for Planning and Regeneration and Children, Schools and Families.

541.

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.

 

[The deadline for receipt of public questions is 3.00 pm, 10 December 2012.  Questions should be sent to publicquestions@harrow.gov.uk  

No person may submit more than one question].

Minutes:

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

 

1.

 

Questioner:

 

Elizabeth Sadler
 

Asked of:

 

Councillor Margaret Davine, Deputy Leader and Portfolio Holder for Adult Social Care, Health and Wellbeing

 

Question:

 

Re: Strategic Review of Learning Disability Accommodation:

 

Are you aware that the proposed changes could have a detrimental effect on the lives of the residents of these homes?


Many adults with learning disabilities find change extremely difficult to deal with and many rely on their current carers having an intimate knowledge of their needs.


The residents living in Gordon Avenue and Woodlands Drive, for example, have lived together for many years, [25+ for Woodlands Drive], in a family setting and all have close links with the local community.  The residents in these two homes are mainly over 65yrs old & could be moved to elderly care homes - an unsuitable solution.

 

Answer:

 

 

Thank you Elizabeth for coming and asking your question.

 

I am aware that possible changes to this kind of                                                                                residential care can cause anxiety for the people concerned and that is why we identified, in our report to Cabinet, that we would take our time; we would talk to all the families, everyone that we thought would be concerned about it and that is what we have been doing.

 

As we go forward from the formal consultation, we will continue to work with people and their families to make sure we get the best solution we can for all.  I will work with officers to make sure they are working with the people that are concerned and their families through the transition phase.

 

On your point about how important friendships are.  I certainly understand that and there are all sorts of ways we can help people to continue with friendships whether they are living directly together with people or not and we will certainly make that a priority.

 

Supplemental Question:

 

I speak on behalf of Advocacy Voice.  We are aware of the process and we have been involved in the process.  I think we are concerned because the timescale is relatively quite short.

 

I appreciate what you are saying about keeping friendships alive and ways of doing that.  For example, there is one man who is very concerned about whether he would be able to go somewhere where he could take his shed because he spends all his days in his shed inventing things and it is things like that which can make all the difference to people’s care and it is difficult when they have been living together for so long.

 

Supplemental Answer:

I do understand those sorts of problems but, and you said it was such a short consultation.  The formal consultation is quite short but we are not bringing the outcomes of the review because it is a big review.  It started before the formal consultation and we have been working for a long time and I have been making clear to our officers that are working on this that they have to  ...  view the full minutes text for item 541.

542.

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 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, 10 December 2012].

Minutes:

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

 

1.

 

Questioner:

 

Councillor Susan Hall

Asked of:

 

Councillor Sachin Shah, Portfolio Holder for Finance

Question:

 

Can you explain why you claimed that the assumption that Council Tax will rise by 2%, which is mentioned 12 times in the Budget documentation, is an ‘unfounded rumour’?

 

Answer:

 

Thank you for your question.

 

What we have done is what we have always done.  That is, we put a default number in until we have made a decision.  We cannot make any decisions until we know our grant from the government.  This year it is almost a month later than in previous years.  This makes decision-making extremely difficult.

 

The government keeps moving the goalposts on a number of issues including their pace of deficit reductions, scope of local government and in shunting costs to local government.  While the Labour Government in the past has increased the grant to local government in cash terms, this government is cutting it – 28% over 4 years.

 

Given that the Council Tax and government grant are two major sources of income to the Council, it would be irresponsible of this administration to do anything other than wait and see what our government grant is.

 

Supplemental Question:

 

Last year’s budget was written when you did not know what the grant was going to be and there were comments within that budget that you knew that there would be a freeze on and there were allowances for it.

 

Given that so much work goes into a budget, surely you should be in some sort of position to know what the figures going forward will be and therefore in your considered view, do you consider that the Council Tax will go up, as is absolutely evidenced in the draft budget? 

 

Supplemental Answer:

We do not know our grant from the government and the government keeps changing it.  We do not know what they are going to do.   Until we know what they will give us, we cannot make any decisions. 

 

2.

 

Questioner:

 

Councillor Susan Hall

Asked of:

 

Councillor Sachin Shah, Portfolio Holder for Finance

Question:

 

If the assumed Council Tax increase is indeed an 'unfounded rumour', can you confirm which of the proposed cuts or investments in the Budget are the most likely to be affected if the Council Tax rate is adjusted up or down from 2%?

 

Answer:

 

This is the third time you have asked me the same question, so I congratulate you on finding many different ways of asking the same question.  I could just repeat my first answer but I am not going to.  Obviously it is not quite there with you at the moment, so I will do this slowly:

 

(1)               We start with a position where the government is cutting what they give us. 

 

(2)               Then we take the fact that we have additional demands on our services. 

 

(3)               Then we need to work out how to pay for it.  So when we  ...  view the full minutes text for item 542.

543.

Key Decision Schedule - December 2012 - February 2013 pdf icon PDF 112 KB

Minutes:

The Leader of the Councillor informed Cabinet that the report relating to ‘Draft Capital Programme 2013/14 to 2016/17’ had been deferred to January 2013 Cabinet meeting. 

 

RESOLVED:  To note the contents of the Key Decision Schedule for December 2012.

544.

Progress on Scrutiny Projects pdf icon PDF 61 KB

For consideration

Minutes:

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

545.

Standing Scrutiny Review of the Budget - Report on the self Financing of the HRA pdf icon PDF 43 KB

Reference from the Overview and Scrutiny Committee meeting held on 14 November 2012.

Additional documents:

Decision:

RESOLVED: That the Divisional Director of Housing Services submit a report to the next meeting of Cabinet responding to the findings of the Review Group.

 

Reason for Decision: To allow a response to be considered and submitted to the Review Group.

Minutes:

RESOLVED:  That the Divisional Director of Housing Services submit a report to the next meeting of Cabinet responding to the findings of the Review Group.

 

Reason for Decision:  To allow a response to be considered and submitted to the Review Group.

 

Alternative Options considered and rejected:  None.

 

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

RECOMMENDED ITEMS

546.

Key Decision - Localisation of Council Tax Benefit pdf icon PDF 650 KB

Report of the Corporate Director of Resources.

Additional documents:

Decision:

Resolved to RECOMMEND:  (to Council)  That

 

(1)               the new Harrow Localised Council Tax Support Scheme, at appendix H to the report, be agreed and adopted;

 

(2)               the parameter configuration set out in Scheme 1 for the two year period April 2013 to March 2015, which fully manages the funding gap, and recommended by officers, be agreed and adopted;

 

(3)               the Scheme remain in perpetuity after the two year period, with parameters uprated as per the Scheme rules, unless a policy decision is taken to replace or alter the Scheme at annual review;

 

(4)               the existing s13A policy on hardship agreed by Cabinet on the 3 August 2006 and now known as s13A(1)(c) be continued.

 

Reason for Decision:  The Council had carried out a wide consultation to ensure that residents within Harrow were given the opportunity to give their view and help shape the new Council Tax Support Scheme.  Feedback from the consultation had informed the recommendations to Cabinet and helped towards identifying the impacts of the changes.  

 

Statutorily the Scheme must be agreed by 31 January 2013 to enable the Council to make the required savings of approximately £3.8m for the year 2013/14 and £5.1m the following year 2014/15.   If this deadline was not met and a local scheme agreed, the Council would be required to deliver the default Council Tax Support Scheme.  This would not allow the authority to manage the funding gap between the reduced devolved grant given to the Council and the Council Tax Support expected expenditure.

 

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.

 

[Call-in does not apply to decisions reserved to Council]

Minutes:

The Portfolio Holder for Finance introduced the report, which set out the changes to Council Tax Benefits and Local Authorities new responsibilities for the development and adoption of a localised Council Tax Support Scheme by 31 January 2013 with implementation on 1 April 2013.  The report provided feedback from the consultation carried out with Harrow residents and stakeholders and showed how the feedback had informed the development of the new localised Council Tax Support Scheme.  The Portfolio Holder referred to the impact that government cuts would have on vulnerable people.

 

The Portfolio Holder referred how, at an early stage, it was recognised that the changes to Council Tax Benefits could have an impact on residents living in Harrow.  To understand these impacts and ensure residents were given the opportunity to shape, a partnership driven structure was developed to take the development of a new scheme forward.  As a result, a multi-agency Steering Group was formed.

 

The Portfolio Holder invited Jill Harrison, Chief Executive of Harrow Citizens’ Advice Bureau, who sat on the Steering Group to address Cabinet.

 

Jill Harrison congratulated the Council on the consultation process adopted which had been built on previous consultation exercises.  Ms Harrison was pleased with the positive working relationships that had been established from the outset between Council officers. Additionally, the Council’s financial position was clarified from the outset which had made the discussions at meetings of the Steering Group realistic.  Moreover, the Council Tax benefit scheme had been simplified and was therefore easier to understand.  She was pleased that the Council had gone the extra mile to identify ways to mitigate the impact of the proposals on the poorest members of the community.  Overall, the consultation process had been fair and reasonable.

 

The Portfolio Holder for Finance thanked Jill Harrison for her kind words and identified how the engagement process had worked, which had included road shows across the borough and the use of social media.  He explained that since the end of the consultation period, the government had announced the availability of a new grant which, for Harrow, was £380,000. However, the implementation of the localisation process would entail an outlay of £2m.

 

The Portfolio Holder referred to the various options discussed by the Steering Group, including the feedback received to the proposals for change. Of particular note were:

 

·                     people with disabilities were likely to be disproportionately affected by the Welfare Reform Act due to multiple impacts;

 

·                     people on welfare were less likely to have access to other forms of income and would have limited employment opportunities;

 

·                     carers would also be affected.

 

Cabinet was informed that following contributions from the Steering Group and a questionnaire as part of the consultation document had helped shape the Scheme.  There had been a mixed response to the consultation and the Portfolio Holder explained how the Steering Group had arrived at the questions which had formed part of the consultation document.  The response level had been high and following comments from the Steering Group,  ...  view the full minutes text for item 546.

RESOLVED ITEMS

547.

Key Decision - Housing Changes Review: Approval of Tenancy Strategy and Tenancy Policy, Consultation Drafts of Housing Strategy, Homelessness Strategy, Private Sector Housing Strategy and Allocation Scheme, and update on the draft Housing Business Plan and Asset Management Strategy pdf icon PDF 176 KB

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

Additional documents:

Decision:

RESOLVED:  That

 

(1)               the consultation responses and subsequent amendments to the Tenancy Strategy 2012 be noted;

 

(2)               the final Tenancy Strategy 2012, at appendix 1 to the report, be approved;

 

(3)               the consultation responses to the Tenancy Policy 2012 be noted;

 

(4)               the final Tenancy Policy 2012, at appendix 2 to the report, which will introduce 12 month probationary tenancies followed by fixed term 5 year flexible tenancies for all new Council tenants from the 1 April 2013, be approved;

 

(5)               the consultation drafts of the Housing Strategy, Homelessness Strategy and Private Sector Housing Strategy, at appendices 4, 5 and 6 to the report, be approved;

 

(6)               the consultation draft of the proposed amended Housing Allocation Scheme and transitional arrangements, attached at Appendix 7 to the report, be approved;

 

(7)               Harrow’s current Transfer and Lettings Scheme be amended now in order to place all homeless households placed in temporary accommodation in band C, regardless of whether they are in emergency B&B or hostel accommodation, or in longer term temporary accommodation;

 

(8)               it be noted that the progress and key issues on the draft Housing Business Plan and Asset Management Strategy would be finalised and presented to Cabinet in March 2013;

 

(9)               expenditure of up to £1.5M from the Affordable Housing Fund towards the development of intermediate housing on Council development sites in Harrow be approved;

 

(10)          the views of the Tenants’, Leaseholders’ and Residents Consultative Forum meeting held on 4 December 2012 be noted.

 

Reason for Decision:  To enable the completion of key housing policy and strategy documents and set out the Council’s Strategic Housing Vision in responding to the freedoms and flexibilities introduced by the Localism Act 2011.

 

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

 

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

Minutes:

The Portfolio Holder for Housing introduced the report, which sought approval of key strategies and policies included within the Housing Changes Review either for adoption or for formal consultation.

 

The Portfolio Holder added that the matter had been extensively discussed at the special meeting of the Tenants’, Leaseholders’ and Residents’ Consultative Forum (TLRCF) on 4 December 2012 where concern was expressed about the various proposals.  However, the TLRCF had supported the proposals, including the possibility that, as a result of the government’s welfare reform, some households might need to move out of Harrow and London to more affordable private rented housing elsewhere.  He congratulated officers for their extensive work in this area, and added that a further report would be submitted to the March 2013 meeting of Cabinet. 

 

The Corporate Director of Community, Health and Wellbeing outlined the overarching objectives of the Review, particularly the changes in the Housing Strategy that would enable the Council to target sectors of the community, ensure a flexible housing stock, bring empty homes into use and provide more social housing.

 

The proposals were also welcomed by the Portfolio Holder for Performance, Customer Services and Corporate Services as being fit for Harrow.

 

RESOLVED:  That

 

(1)               the consultation responses and subsequent amendments to the Tenancy Strategy 2012 be noted;

 

(2)               the final Tenancy Strategy 2012, at appendix 1 to the report, be approved;

 

(3)               the consultation responses to the Tenancy Policy 2012 be noted;

 

(4)               the final Tenancy Policy 2012, at appendix 2 to the report, which will introduce 12 month probationary tenancies followed by fixed term 5 year flexible tenancies for all new Council tenants from the 1 April 2013, be approved;

 

(5)               the consultation drafts of the Housing Strategy, Homelessness Strategy and Private Sector Housing Strategy, at appendices 4, 5 and 6 to the report, be approved;

 

(6)               the consultation draft of the proposed amended Housing Allocation Scheme and transitional arrangements, attached at Appendix 7 to the report, be approved;

 

(7)               Harrow’s current Transfer and Lettings Scheme be amended now in order to place all homeless households placed in temporary accommodation in band C, regardless of whether they are in emergency B&B or hostel accommodation, or in longer term temporary accommodation;

 

(8)               it be noted that the progress and key issues on the draft Housing Business Plan and Asset Management Strategy would be finalised and presented to Cabinet in March 2013;

 

(9)               expenditure of up to £1.5M from the Affordable Housing Fund towards the development of intermediate housing on Council development sites in Harrow be approved;

 

(10)          the views of the Tenants’, Leaseholders’ and Residents Consultative Forum meeting held on 4 December 2012 be noted.

 

Reason for Decision:  To enable the completion of key housing policy and strategy documents and set out the Council’s Strategic Housing Vision in responding to the freedoms and flexibilities introduced by the Localism Act 2011.

 

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

 

Conflict of Interest relating to the matter declared by Cabinet Member/Dispensation granted:  ...  view the full minutes text for item 547.

548.

Key Decision - Shared Public Health Team - Inter Authority Agreement Principles pdf icon PDF 136 KB

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

Decision:

RESOLVED:  That

 

(1)               the principles for the Inter Authority Agreement, as outlined in the report, be endorsed;

 

(2)               the Corporate Director of Community, Health and Wellbeing, in consultation with the Portfolio Holder for Adult Social Care, Health and Wellbeing, be authorised to:

 

(a)               agree the terms of and execute an Inter Authority Agreement which reflects the principles outlined in the officer report;

 

(b)               implement a Shared Public Health team in accordance with that Agreement.

 

Reason for Decision:  To allow the development of a resilient and cost effective public health service to provide improved support to both Councils at a reduced cost and improved capacity.

 

Alternative Options considered/rejected:  As set out in the officer report/Option 2.

 

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

Minutes:

The Portfolio Holder for Adults Social Care, Health and Wellbeing introduced the report, which set out the current position in respect of the establishment of a Shared Public Health team to support the London Boroughs of Harrow and Barnet.  The Portfolio Holder drew attention to the key principles, set out at appendix A to the report, and explained, in brief, how the project would come to fruition.

 

Cabinet was informed that the agreement between the boroughs would be for five years but that either party could give 12 months’ notice of an intention for it to be extended.  Additionally, the various costs, such as overhead costs, staff costs, underspend and overspend would be apportioned, and that the staff would be employed by Harrow Council.  Each borough would be responsible for the contract and the liability for these contracts but there would be extensive monitoring undertaken.

 

Cabinet noted that the key principles had been agreed and that it was intended to sign the contract in February 2013 once all the detail had been finalised.

 

The Corporate Director of Community, Health and Wellbeing reported that the proposed shared service would help contribute to the overall savings to be made by the Council.  He thanked officers and the various parties for their work in bringing this project to fuition.

 

RESOLVED:  That

 

(1)               the principles for the Inter Authority Agreement, as outlined in the report, be endorsed;

 

(2)               the Corporate Director of Community, Health and Wellbeing, in consultation with the Portfolio Holder for Adult Social Care, Health and Wellbeing, be authorised to:

 

(a)               agree the terms of and execute an Inter Authority Agreement which reflects the principles outlined in the officer report;

 

(b)               implement a Shared Public Health team in accordance with that Agreement.

 

Reason for Decision:  To allow the development of a resilient and cost effective public health service to provide improved support to both Councils at a reduced cost and improved capacity.

 

Alternative Options considered/rejected:  As set out in the officer report / Option 2.

 

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

549.

Key Decision - Tree Maintenance Access Agreement and Contract pdf icon PDF 140 KB

Report of the Corporate Director of Environment and Enterprise.

Additional documents:

Decision:

RESOLVED:  That authority be delegated to the Corporate Director of Environment and Enterprise, in liaison with the Portfolio Holders for Environment and Community Safety and Property and Major Contracts, to enter into an Access Agreement with Brent Council for Arboricultural Services and a call-off contract under the Framework Agreement referred to in 2.1 with Gristwood and Toms Ltd for a term of 3.5 years with a possible two year extension.

Reason for Decision:  The Council undertakes £400,000 of tree work per year to ensure the Borough’s tree stock was maintained in a safe condition and to maintain levels of street tree provision.  A cost effective well provisioned contractual arrangement was essential to enable the Council to fulfill its statutory obligations to maintain the Borough’s trees in a safe condition.

 

Alternative Options considered/rejected:  As set out in the officer report/Undertake an independent OJEU tender process and obtain individual Batch Quotations.

 

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

Minutes:

The Portfolio Holder for Environment and Community Safety introduced the report, which set out an overview of the competitive tendering process undertaken to seek a new contract for the provision of Tree Maintenance, Arboricultural Services, with a view to entering into an Access Agreement with Brent Council and Call-off contract for the provision of Tree Maintenance. Cabinet also considered a confidential appendix prior to reaching a decision.

 

The Portfolio Holder added that the Brent Framework Agreement represented the best re-procurement option and it was appropriate to access Brent Council’s Arboricultural Framework Agreement available to all members of the West London Alliance (WLA) to access at no charge and call-off contract.  He added that the proposal would also remove the need for a separate procurement process thereby saving the Council on costs and officer time by not needing to tender the requirement

 

RESOLVED:  That authority be delegated to the Corporate Director of Environment and Enterprise, in liaison with the Portfolio Holders for Environment and Community Safety and Property and Major Contracts, to enter into an Access Agreement with Brent Council for Arboricultural Services and a call-off contract under the Framework Agreement referred to in 2.1 with Gristwood and Toms Ltd for a term of 3.5 years with a possible 2-year extension.

 

Reason for Decision:  The Council undertakes £400,000 of tree work per year to ensure the Borough’s tree stock was maintained in a safe condition and to maintain levels of street tree provision.  A cost effective well provisioned contractual arrangement was essential to enable the Council to fulfill its statutory obligations to maintain the Borough’s trees in a safe condition.

 

Alternative Options considered/rejected:  As set out in the officer report/Undertake an independent OJEU tender process and obtain individual Batch Quotations.

 

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

550.

Key Decision - Consultation Draft Garden Land Development Supplementary Planning Document (SPD) pdf icon PDF 131 KB

Report of the Corporate Director of Environment and Enterprise.

Additional documents:

Decision:

RESOLVED:  That

 

(1)               the draft Garden Land Development Supplementary Planning Document (SPD), at Appendix A to the report, be approved for public consultation;

 

(2)               the views of the Local Development Framework Panel meeting held on 3 December 2012 be noted.

 

Reason for Decision:  To progress the preparation of a SPD, as the most effective way of supporting the implementation of Harrow’s new presumption against garden land development.

 

Alternative Options considered/rejected:  As set out in the officer report / Do nothing and issue an informal guidance note.

 

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

Minutes:

Cabinet received a report of the Corporate Director of Community and Environment on a consultation draft Garden Land Development Supplementary Planning Document (SPD) to support the presumption against garden land development set out in Policy CS1 B of Harrow’s Core Strategy (2012).

 

The Portfolio Holder for Planning and Regeneration referred to the Harrow’s Core Strategy, which gave a presumption against the development of garden land.  Additionally, several appeal decisions had given the impression that there was uncertainty about what garden land development was.  As a result, the proposed SPD before Cabinet and would help prevent incremental residential development on garden land.

 

The Portfolio Holder for Business Transformation and Communications welcomed the report, including the cross-party support received for the SPD.  He also congratulated the government for its involvement in this regard; however he was concerned that this matter contradicted the government’s policy on green space development.  He asked if the issue of green space development could be taken forward with cross-party support, together with the involvement of other London boroughs, so that there was a joined-up approach in regard to these two matters.

 

In response, the Portfolio Holder for Planning and Regeneration stated that he had not considered taking these matters forward and given that the consultation in relation to the increase in planning fees together with extending permitted development sites had fallen short of expectations, there would be little mileage in pursuing this new issue.

 

RESOLVED:  That

 

(1)               the draft Garden Land Development Supplementary Planning Document (SPD), at Appendix A to the report, be approved for public consultation;

 

(2)               the views of the Local Development Framework Panel meeting held on 3 December 2012 be noted.

 

Reason for Decision:  To progress the preparation of a SPD, as the most effective way of supporting the implementation of Harrow’s new presumption against garden land development.

 

Alternative Options considered/rejected:  As set out in the officer report / Do nothing and issue an informal guidance note.

 

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

551.

Authority's Monitoring Report pdf icon PDF 107 KB

Report of the Corporate Director of Environment and Enterprise.

 

Additional documents:

Decision:

RESOLVED:  That

 

(1)               the Authority’s Monitoring Report 2011/12, at Appendix 1 to the report, be approved for publication on the Council’s website;

 

(2)               the views of the Local Development Framework Panel meeting held on 3 December 2012 be noted.

 

Reason for Decision:  To enable compliance with the requirement under the Planning and Compulsory Purchase Act 2004 (as amended).

 

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.

Minutes:

The Portfolio Holder for Planning and Regeneration introduced the report, which presented the Authority’s Monitoring Report (AMR) for the period 1 April 2011 to 31 March 2012.  The AMR monitored the effectiveness of the implementation of local planning policies and production of Harrow’s new Local Plan.

 

The Portfolio Holder commended the report to Cabinet and drew attention to the support of the Local Development Framework Panel at its meeting on 3 December 2012.

 

RESOLVED:  That

 

(1)               the Authority’s Monitoring Report 2011/12, at Appendix 1 to the report, be approved for publication on the Council’s website;

 

(2)               the views of the Local Development Framework Panel meeting held on 3 December 2012 be noted.

 

Reason for Decision:  To enable compliance with the requirement under the Planning and Compulsory Purchase Act 2004 (as amended).

 

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.

552.

Strategic Performance Report (Q2) pdf icon PDF 93 KB

Report of the Assistant Chief Executive.

Additional documents:

Decision:

RESOLVED:  That the report be noted and the Portfolio Holders continue working with officers to achieve improvement against identified key challenges.

 

Reason for Decision:   To note performance against key measures and identify and assign corrective action where necessary.

 

Alternative Options considered and rejected:  None.

 

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

Minutes:

The Portfolio Holder for Performance, Customer Services and Corporate Services introduced the report, which summarised Council and service performance against key measures and drew attention to areas requiring action, including how these would be addressed.

 

The Portfolio Holder for Performance, Customer Services and Corporate Services drew attention to the financial position of the Council and how this would impact on the services provided.  The Portfolio Holder referred to the cuts that were being considered and the challenging times that lay ahead.

 

The Portfolio Holder was pleased to report that performance in many areas was good when set in the context that the Council was facing significant challenges.  He referred to the inward investment in relation to the development of the Kodak and Lyon Road sites, which would result in new developments in the Heart of Harrow.  In addition, the Council would benefit from modernisation through technology, which would help migration with back office functions as the IT systems were archaic.  Moreover, satisfaction levels following the reablement review were high and the number of people requiring ongoing social care had gone down.

 

The Portfolio Holder added that the Children and Families Directorate continued to face challenges but he was confident that the staff would continue with the good work to meet those challenges.

 

RESOLVED:  That the report be noted and the Portfolio Holders continue working with officers to achieve improvement against identified key challenges.

 

Reason for Decision:   To note performance against key measures and identify and assign corrective action where necessary.

 

Alternative Options considered and rejected:  None.

 

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

553.

Key Decision - Tender for the Council's Occupational Health Service Provider pdf icon PDF 92 KB

Joint report of the Corporate Director of Resources and Assistant Chief Executive.

Decision:

RESOLVED:  That the Assistant Chief Executive, in consultation with the relevant Portfolio Holders, be authorised to enter into a Partnering Framework Agreement with the successful tenderer, for a period of up to four years, two years with an extension of another two years subject to performance review, for the provision of an Occupational Health and Employee Assistance service.

 

Reason for Decision:  The Council’s current contract for the delivery of the Occupational Health Service was due to expire in January 2013.  In compliance with the Public Contracts Regulations 2006 the Council followed an open competitive tendering procedure and based on the results agreed to award the contract to the most economically advantageous tender. 

 

Alternative Options considered and rejected:  None.

 

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

Minutes:

The Portfolio Holder for Performance, Customer Services and Corporate Services introduced the report setting out the process undertaken for renewing the provision of an Occupational Health and an Employee Assistance Programme for Council employees with a recommendation to enter into a new contract.  Cabinet also considered a confidential appendix prior to reaching a decision on this matter.

 

The Portfolio Holder outlined the background to the report in the context of the announcement by the Royal Borough of Kensington and Chelsea that it would not be extending the contract with the provider as part of its framework agreement.  As a result, Harrow Council had to source a new provider and would be taking the opportunity to include identified service improvements as part of its service specification.

 

The Portfolio Holder added that the provision of an Occupational Health Service was a key aspect of protecting the health, safety and welfare of the Council’s employees and would help identify savings as part of its functions.

 

RESOLVED:  That the Assistant Chief Executive, in consultation with the relevant Portfolio Holders, be authorised to enter into a Partnering Framework Agreement with the successful tenderer, for a period of up to four years, two years with an extension of another two years subject to performance review, for the provision of an Occupational Health and Employee Assistance service.

 

Reason for Decision:  The Council’s current contract for the delivery of the Occupational Health Service was due to expire in January 2013.  In compliance with the Public Contracts Regulations 2006 the Council followed an open competitive tendering procedure and based on the results agreed to award the contract to the most economically advantageous tender. 

 

Alternative Options considered and rejected:  None.

 

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

554.

Half Year 2012/13 Treasury Management Activity pdf icon PDF 128 KB

Report of the Corporate Director of Resources.

Additional documents:

Decision:

RESOLVED:  That

 

(1)               the half year Treasury Management Activity for 2012/13 be noted;

 

(2)               the Governance, Audit and Risk Management Committee be recommended to consider and review the report.

 

Reason for Decision:  To promote effective financial management and comply with the Local Authorities (Capital Finance and Accounting) Regulations 2003 and other relevant guidance.  To note the Treasury Management activities and performance.

 

Alternative Options considered and rejected:  None.

 

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

Minutes:

The Portfolio Holder for Finance introduced the report, which set out a half year summary of Treasury Management activities for 2012/13.  The report made reference to the Counterparty limits and that these had been amended in October 2012. 

 

The Portfolio Holder was pleased to report that the Counterparty Policy had helped the Council to raise money and that an average interest rate of 2.1% as at October 2012 placed Harrow’s return  into the top 10% of UK local authorities, given that bank base rates were at an all time low.  More recently, the Council had approved increased flexibility to invest with the part nationalised banks, resulting in a significant contribution to the income earned this year.

 

RESOLVED:  That

 

(1)               the half year Treasury Management Activity for 2012/13 be noted;

 

(2)               the Governance, Audit and Risk Management Committee be recommended to consider and review the report.

 

Reason for Decision:  To promote effective financial management and comply with the Local Authorities (Capital Finance and Accounting) Regulations 2003 and other relevant guidance.  To note the Treasury Management activities and performance.

 

Alternative Options considered and rejected:  None.

 

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

555.

Equality Framework for Local Government pdf icon PDF 101 KB

Report of the Assistant Chief Executive.

Decision:

RESOLVED:  That

 

(1)               the new Equalities Framework for Local Government, as a tool to measure on a continuous basis, improvements and progress in equalities in addition to the specific measures set out in the Council’s Equality Objectives, be adopted;

 

(2)               external accreditation not be sought against the Framework.

 

Reason for Decision:  The use of the Framework as a tool focuses on continuous improvement rather than provide a snapshot assessment.

 

Alternative Options considered/rejected:  As set out in the report/Not to use the Framework at all.

 

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

Minutes:

Cabinet received a report of the Assistant Chief Executive, setting out the scope of the new Equalities Framework for Local Government and how it could best be used to support the Council’s continuing commitment to providing services that address the specific needs of all communities in Harrow.  The Framework was based around five themes:  Knowing your community; leadership, partnership and organisational commitment; community engagement and satisfaction; responsive services and customer care; and skilled and committed workforce.

 

The Portfolio Holder for Performance, Customer Services and Corporate Services explained why the external accreditation against the Framework should be delayed, as it would involve the gathering of substantial evidence and would only provide a snapshot of progress.  There was also a cost element involved.  The Portfolio Holder commended the Framework to Cabinet as a tool to measure the Council’s progress and continue improvement in equalities.

 

RESOLVED:  That

 

(1)               the new Equalities Framework for Local Government, as a tool to measure on a continuous basis, improvements and progress in equalities in addition to the specific measures set out in the Council’s Equality Objectives, be adopted;

 

(2)               external accreditation not be sought against the Framework.

 

Reason for Decision:  The use of the Framework as a tool focuses on continuous improvement rather than provide a snapshot assessment.

 

Alternative Options considered/rejected:  As set out in the report/Not to use the Framework at all.

 

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

556.

Key Decision - Revenue and Capital Monitoring for Quarter 2 as at 30 September 2012 pdf icon PDF 230 KB

Report of the Corporate Director of Resources.

Decision:

RESOLVED:  That

 

(1)               the revenue and capital forecast outturn position at the end of September  2012 be noted;

 

(2)               the following capital virements, detailed in paragraph 36 of the report and reproduced below, be approved:

 

Description

From

To

 

£000

£000

 

 

 

Adult Social Care Framework I project

 

250

Supported Housing (HIV)

250

 

 

 

 

St. Ann’s Road project

 

500

Strategic Sites

500

 

 

 

 

Total

750

750

 

Reason for Decision:  To note the forecast financial position and actions required to be taken.

 

Alternative Options considered and rejected:  None.

 

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

Minutes:

Cabinet received a report of the Corporate Director of resources setting out the Council’s Revenue and Capital monitoring position as at 30 September 2012.

 

The Portfolio Holder for Finance referred to the projected overspend but stated that the position was better than that reported for Quarter 1.  However, it was important that the overspend was managed and all potential overspends would be scrutinised.  To aid this, a spending protocol had been issued in November 2012 to restrain all non-essential spend thereby ensuring a measured approach to addressing the overspend.

 

The Portfolio Holder also highlighted the surplus on the Housing revenue Account (HRA) of £100,000 lower and a capital underspend of £14m.  He commended the one off virements to Cabinet.

 

RESOLVED:  That

 

(1)               the revenue and capital forecast outturn position at the end of September  2012 be noted;

 

(2)               the following capital virements, detailed in paragraph 36 of the report and reproduced below, be approved:

 

Description

From

To

 

£000

£000

 

 

 

Adult Social Care Framework I project

 

250

Supported Housing (HIV)

250

 

 

 

 

St. Ann’s Road project

 

500

Strategic Sites

500

 

 

 

 

Total

750

750

 

Reason for Decision:  To note the forecast financial position and actions required to be taken.

 

Alternative Options considered and rejected:  None.

 

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

557.

Key Decision - Collection Fund 2012/13 pdf icon PDF 88 KB

Report of the Corporate Director of Resources.

Decision:

RESOLVED:  That

 

(1)               the estimated surplus of £1,319,071 on the Collection Fund as at 31 March 2013 of which £1,045,960 was the Harrow share be noted;

 

(2)               £1,045,960 be transferred to the General Fund in 2013/14.

 

Reason for Decision: To adhere to the Council’s statutory obligation to make an estimate of the surplus or deficit on the Collection Fund by 15 January 2013, a major part of the annual budget review process.

 

Alternative Options considered and rejected:  None.

 

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

Minutes:

Cabinet received a report of the Corporate Director of Resources, which set out the estimated financial position on the Collection Fund as at 31 March 2013.

 

The Portfolio Holder for Finance reported that the Council had collected more Council Tax than anticipated resulting in a surplus which would help fund the service for the following year.

 

RESOLVED:  That

 

(1)               the estimated surplus of £1,319,071 on the Collection Fund as at 31 March 2013 of which £1,045,960 was the Harrow share be noted;

 

(2)               £1,045,960 be transferred to the General Fund in 2013/14.

 

Reason for Decision:  To adhere to the Council’s statutory obligation to make an estimate of the surplus or deficit on the Collection Fund by 15 January 2013, a major part of the annual budget review process.

 

Alternative Options considered and rejected:  None.

 

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

558.

Key Decision - Fees and Charges pdf icon PDF 544 KB

Report of the Corporate Director of Resources.

Additional documents:

Decision:

RESOLVED:  That

 

(1)               It be agreed that the Fees and Charges, set out in the officer report, be implemented, where appropriate, from January 2013;

 

(2)               the changes to cemetery fees be reviewed and the Portfolio Holder for Environment and Community Safety be delegated responsibility to amend the fees as necessary.

 

Reason for Decision: To allow fees and charges to be set in line with costs and inflationary pressures.

 

Alternative Options considered and rejected:  Alternative levels of fees.

 

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

Minutes:

The Portfolio Holder for Finance introduced the report, which set out the Council’s external fees and charges for the financial year 2013/14.  He added that the fees and charges could be changed in-year if Portfolio Holder consent was given.

 

The Portfolio Holder referred to the charging policy agreed in 2010 and the move towards a principle of full cost recovery.  A minimum 4% uplift in fees and charges was proposed.  He drew attention to the Commercialisation Project, which had helped to highlight the role that external income played within the Council and the taking of a strategic approach towards increasing overall income.  The training given to managers on budgets was an essential ingredient of the Project together with its application to a number of high-yield services, such as trade waste, pest control and car parks.

 

Members’ attention was drawn to cemetery fees where no increase was planned at this stage since there had been increases in previous years.  Additionally, some changes in fees were subject to consultation and, where appropriate, fees and charges could be implemented from January 2013.

 

In response to a question, the Portfolio Holder clarified that, besides cemetery fees, other areas such as parking fees would also be the subject of a review.

 

RESOLVED:  That

 

(1)               It be agreed that the Fees and Charges, set out in the officer report, be implemented, where appropriate, from January 2013;

 

(2)               the changes to cemetery fees be reviewed and the Portfolio Holder for Environment and Community Safety be delegated responsibility to amend the fees as necessary.

 

Reason for Decision:  To allow fees and charges to be set in line with costs and inflationary pressures.

 

Alternative Options considered and rejected:  Alternative levels of fees.

 

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

559.

Key Decision - Draft Revenue Budget 2013/14 to 2016/17 pdf icon PDF 166 KB

Joint report of the Corporate Director of Resources and Assistant Chief Executive.

Additional documents:

Decision:

RESOLVED:  That

 

(1)               the draft budget for 2013/14 and the Medium Term Financial Strategy be approved for consultation;

 

(2)               the remaining budget gaps of £5.2m in 2013/14, £3.3m in 2014/15, £16.9m in 2015/16 and £14.3m in 2016/17 and the plans to close the gap be noted;

 

(3)               the planned investment in services and efficiency programme be noted;

 

(4)               the statutory changes to school funding be noted and the proposed changes to the school funding formula at Appendix 4 to the report be approved;

 

(5)               the proposed level of contribution to the London Boroughs Grant Scheme of £263,831 for Harrow be agreed.

 

Reason for Decision:  To publish a draft budget for 2013/14.

 

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.

Minutes:

The Portfolio Holder for Finance introduced the draft revenue budget for 2013/14 and Medium Term Financial Strategy (MTFS) for 2013/14 to 2016/17 report to Cabinet and reported that the final budget would be presented to Cabinet in February 2013 prior to its submission to full Council.

 

The Portfolio Holder set out the context in which the report had been prepared, such as the government’s austerity measures, at a time when local authorities continue to take huge cuts from the government and the historically low grant received by Harrow, particularly when compared to its neighbouring borough Brent.  He added that there was a funding gap of £24m over the next two years due to demographic changes as shown in the recent census results.  These were as follows:

 

·                     an increase in the number of children, resulting in a school expansion programme;

 

·                     an increase in the number of elderly people in the borough which would impact on the budget;

 

·                     cuts in welfare by the government, which would place an additional strain on the Council’s budget;

 

·                     additional cuts from the government in the form of various grants, such as the Early Intervention and Children Centre grants;

 

·                     shunting of costs onto local authorities resulting from the cuts in government departments.

 

The Portfolio Holder outlined the challenging decisions facing the Council, which would inevitably impact on services provided.  The draft budget sought to realign expenditure to key outcomes and reflected the five key principles:  making savings in the Civic Centre; ensuring that the services residents cared about were protected from drastic cuts; protecting the vulnerable of Harrow; encouraging growth and investment in Harrow; and working with partners and listening to residents to make sure that the right decisions were made.

 

The Portfolio Holder outlined some of the actions that the Council was taking, as follows:

 

·                     making provision to invest in house building, employment programmes, more social workers, and a Harrow Help Scheme to help those affected by welfare reforms;

 

·                     some of the recommendations from the Harrow Youth Parliament would be implemented;

 

·                     a reduction in the number of senior managers from 30 to 20 was continuing and there would be a payment of a living minimum wage to staff;

 

·                     supporting partners, including the voluntary sector which had endorsed the five principles;

 

·                     supporting local businesses and district centres by delivering on regeneration investment;

 

·                     taking a commercial approach to service delivery to drive down costs, thereby protecting front line services by driving down costs associated with back office functions;

 

·                     keeping open the borough’s libraries but merging the Civic Centre and the Town Centre libraries;

 

·                     invest in the Xcite Project to support people to get back to work.

 

Cabinet was informed that the government’s welfare reforms would have a huge impact on all households and the homelessness figures were expected to increase.  Moreover, since the report was written, the government had lowered its projections on growth and a further cut in the government settlement for Harrow was expected.  All of these issues added to an uncertain future and he  ...  view the full minutes text for item 559.

560.

Harrow Partnership Board pdf icon PDF 71 KB

Information Report of the Assistant Chief Executive.

Additional documents:

Decision:

RESOLVED:  That the report be noted.

 

Reason for Decision:  To note the work of the Partnership.

 

[Call-in does not apply]

Minutes:

Cabinet received an information report of the Assistant Chief Executive setting out a summary of the issues considered by the Partnership Board at their meeting on 6 December 2012.

 

RESOLVED:  That the report be noted.

 

Reason for Decision:  To note the work of the Partnership.

 

Alternative Options considered and rejected:  None.

 

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.]

561.

Key Decision - Tree Maintenance Access Agreement and Contract

Appendix to the report of the Corporate Director of Environment and Enterprise.

Decision:

RESOLVED:  That the appendix be noted.

 

Reason for Decision:  To allow the appendix to be considered in conjunction with the main report at agenda item 10.

 

Alternative Options considered and rejected:  As set out under item 10.

 

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  As set out under item 10.

Minutes:

RESOLVED:  That the appendix be noted.

 

Reason for Decision:  To allow the appendix to be considered in conjunction with the main report at agenda item 10.

 

Alternative Options considered and rejected:  As set out under item 10.

 

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  As set out under item 10.

562.

Key Decision - Tender for the Council's Occupational Health Service Provider

Appendix to the joint Report of the Corporate Director of Resources and Assistant Chief Executive.

Decision:

RESOLVED:  That the appendix be noted.

 

Reason for Decision:  To allow the appendix to be considered in conjunction with the main report at agenda item 14.

 

Alternative Options considered and rejected:  As set out under item 14.

 

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  As set out under item 14.

Minutes:

RESOLVED:  That the appendix be noted.

 

Reason for Decision:  To allow the appendix to be considered in conjunction with the main report at agenda item 14.

 

Alternative Options considered and rejected:  As set out under item 14.

 

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation granted:  As set out under item 14.

Minute Appendix I - Cllr Question 10 pdf icon PDF 63 KB