Agenda and minutes

Cabinet - Tuesday 17 March 2015 4.00 pm

Venue: Ground Floor Meeting Room GO2A, 160 Tooley Street, London SE1 2QH

Contact: Paula Thornton or Virginia Wynn-Jones  Phone: 020 7525 4395/7055 Email:  paula.thornton@southwark.gov.uk;  virginia.wynn-jones@southwark.gov.uk

Items
No. Item

1.

Apologies

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    To receive any apologies for absence.

    Minutes:

    There were none.

2.

Notification of any items of Business which the Chair Deems Urgent

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    In special circumstances, an item of business may be added to an agenda within five clear working days of the meeting.

    Minutes:

    The chair gave notice that the following late items of business would be considered for reasons for urgency to be specified in the relevant minutes:

     

    Item 7: Deputation requests

     

    Item 21: Review of the Voluntary Redundancy Offer

3.

Notice of Intention to conduct business in a closed meeting, and any representations received

4.

Disclosure of Interests and Dispensations

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    Members to declare any interests and dispensations in respect of any item of business to be considered at this meeting.

    Minutes:

    Councillors Fiona Colley and Victoria Mills declared an interest in respect of item 14, determination of primary school expansions – permanent enlargement of Cherry Garden school, and Phoenix, Bellenden, Ivydale, Robert Browning and Keyworth primary schools as they had children of primary school age within the relevant catchment areas. These were not disclosable pecuniary interests.

     

    Councillor Victoria Mills declared a non-disclosable interest in respect of item 15 – Gateway 1 – Homecare procurement strategy, in respect of the ethical care charter, as her partner works for Unison.

5.

Public Question Time (15 Minutes)

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    To receive any questions from members of the public which have been submitted in advance of the meeting in accordance with the cabinet procedure rules.

    Minutes:

    The following question was submitted by Maggie Woods to Councillor Victoria Mills, cabinet member for children and schools. Ms Woods did not attend the meeting to ask the question. The leader asked that the response be circulated to Ms Woods.

     

    Question from Maggie Woods to Councillor Victoria Mills

     

    The recommended expansion of Keyworth Primary fails to acknowledge traffic issues in surrounding streets (especially Faunce Street). Existing problems will be further exacerbated by the expansion. The school’s travel plans consistently fail to resolve this and the current proposals increase the risks of harm to children. Why is this not being adequately addressed?

     

    Response

     

    As part of the expansion of the school a review has been undertaken of the existing entrances and the operation of the school.

     

    There will be four entrances to the school, Sharsted Street, Faunce Street, Doddington Grove and Gaza Street. It is proposed to restrict access to the new building in the Sharsted Street, so that it is only used for the After School Club. Parents will advised that they should not drive up Sharsted Street.  It has also been suggested that the entrance in Faunce Street should also be restricted so that it is no longer used as the entrance for drop offs and collection in the morning and evening peaks. This will be an improvement to the current arrangements and instead the entrances Gaza Street and Doddington Grove will be regarded as the main pupil entrances. Parents and carers will be actively encouraged, through the School Travel Plan, to not drive and instead use public transport or walk. Any drivers will also be asked to park away from the school site, to limit any impact on the local community.

     

    The following question was submitted by Geraldine Vomero to Councillor Mark Williams, cabinet member for regeneration, planning and transport. Ms Vomero did not attend the meeting to ask the question. The leader asked that the response be circulated to Ms Vomero.

     

    Question from Geraldine Vomero to Councillor Mark Williams

     

    Use of the land on the Kennington Enterprise Site would have allowed Keyworth to expand in such a way to allow the school to retain green and outdoor play space for pupils whilst also enabling future expansion opportunities. Where is the evidence that this land was considered and assessed?

     

    Response

     

    The Kennington Enterprise site is currently in employment use and is not available for consideration for development for education purposes in the time period required to implement a basic need scheme to add school places by September 2016.

     

    The site chosen for the expansion of the school is actually underused and provides the potential for a good quality school building to cater for the demand from local parents for school places. The scheme includes for new landscaping works to improve the overall school site.  

     

    The following question was submitted by Adrian Davidson to Councillor Mark Williams, cabinet member for regeneration, planning and transport. Mr Davidson did not attend the meeting to ask the question. The  ...  view the full minutes text for item 5.

6.

Minutes

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    To approve as a correct record the minutes of the open section of the meeting held on 10 February 2015.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the minutes of the meeting held on 10 February 2015 be approved as a correct record and signed by the chair.

7.

Deputation Requests

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    To consider any deputation requests.

    Supporting documents:

    Minutes:

    This item had not been circulated five clear days in advance of the meeting. The chair agreed to accept the item as urgent because the request was received in line with the constitutional deadline for the receipt of deputation

     

    Deputation request from local residents in Dulwich.

     

    The deputation spokesperson addressed the meeting to request that the council consider a holistic approach to transport developments in Dulwich. 

     

    The deputation stated that the consultation exercises for the cycling strategy, the quietway proposals and various planning applications were difficult to find out about and engage with, and suggested a number of methods of improving consultation exercises in the area.  They also requested that the council pause all proposed plans for transport and development in Dulwich and look at the projects strategically rather than individually.  

8.

Southwark and Lambeth Childcare Commission: Report and Recommendations

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    To receive the report and note the recommendations of the Southwark and Lambeth Childcare Commission.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the report and be received and recommendations of the Southwark and Lambeth Childcare Commission be noted.

     

    2.  That a further report will be brought back to the next cabinet meeting responding to the Commission’s report. 

9.

Age-friendly Southwark

10.

Electoral Review of Southwark

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    To note that the Local Government Boundary Commission for England will conduct a review of the electoral boundaries and composition of Southwark Council and to agree to establish an electoral review working group.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Decisions of the Cabinet:

     

    1.  That it be noted the Local Government Boundary Commission for England will conduct a review of the electoral boundaries and composition of Southwark Council.

     

    2.  That an electoral review working group be established with terms of reference as set out in paragraphs 23-28 of the report.

     

    3.  That Councillor Richard Livingstone be appointed as chair of the electoral review working group.

     

    Decisions of the Leader

     

    4.  That  a report is received from the working group by 29 May 2015.

     

    5.  That a report be brought to council assembly from the working group.

     

    6.  That the report of the working group be considered and a recommendation made to the Commission on behalf of the council.

11.

Domestic Abuse Strategy

12.

Aylesbury Regeneration Programme Update

    To note the update and progress report of the work carried out under the Aylesbury Development Partnership Agreement entered into in April 2014 by the council and its development partner.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the update progress report of the work carried out under the Aylesbury Development Partnership Agreement (DPA), entered into in April 2014 by the council and its development partner Notting Hill Housing Trust (NHHT), as set out below be noted:

     

    ·  The position of the planning applications submitted by NHHT; these comprise a detailed planning application for the First Development Site and an outline application for the remainder of the estate masterplan (Phases 2, 3 and 4).

     

    ·  The progress update on the rehousing of tenants and leaseholders on the First Development Site and on Phase 2.

     

    ·  That 57-76 Northchurch has been brought forward into Phase 2 of the regeneration programme, by individual decision by member (IDM) dated 17 February 2015.

     

    ·  The one year programme to purchase non-council owned residential properties in non-active phases as set out in paragraphs 26 – 31 of this report.

     

    ·  The update on the design of the key community facilities to be delivered early as part of the council’s commitment to supporting the community.

     

    ·  The additional funding that has been secured from the Affordable Homes Programme for the regeneration of the Aylesbury by NHHT.

     

    ·  The application for funding for the Aylesbury made by NHHT to the Government’s Estate Regeneration Programme.

     

    ·  That NHHT will now undertake demolition of the existing buildings on the First Development Site, on Plot 18 and in Phase 2, as provision is made for within the DPA.

     

    ·  The principle of the director of housing and community services serving phased demolition notices on blocks within Phase 4 of the Aylesbury regeneration as the development comes forward and in accordance with the programme agreed through the DPA with NHHT.

13.

Community Infrastructure Levy and Section 106 Planning Obligations and Community Infrastructure Levy Supplementary Planning Document

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    To recommend that council assembly consider the examiner’s report on the Southwark Community Infrastructure Levy (CIL). To also recommend that council assembly approve the Southwark CIL and bring into effect on 1 April 2015 and approve Southwark’s “Regulation 123 List”.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That council assembly be recommended:

     

    1.  To consider the Examiner’s Report on the Southwark Community Infrastructure Levy (Southwark CIL) (Appendix A of the report).

     

    2.  To approve the Southwark CIL (Appendix B of the report) and bring it into effect on 1 April 2015.

     

    3.  To approve Southwark’s “Regulation 123 List” (Appendix C of the report).

     

    4.  To note the Southwark CIL Infrastructure Plan (Appendix D of the report), the updated Equalities Analysis (Appendix E of the report) and Consultation Report (Appendix F of the report).

     

    Cabinet agreed:

     

    5.  That the Section 106 Planning Obligations and Community Infrastructure Levy Supplementary Planning Document (the SPD) (Appendix G) on 1 April 2015, be adopted subject to approval of the Southwark CIL by council assembly on 25 March 2015.

     

    6.  That the SPD Consultation Report (Appendix H), the updated SPD equalities analysis (Appendix I), the table of modifications (Appendix J), the draft adoption statement (Appendix K) and the Habitats Regulations Assessment carried out under the EU Habitats Directive (Appendix L of the report) be noted.

     

    7.  That a sustainability appraisal and environmental assessment are not required for the SPD and to the publication of the related screening assessment and statement of reasons (Appendix M) be agreed.

     

    8.  That the approval of any non-substantive amendments to the SPD be delegated to the director of planning in consultation with the cabinet member for regeneration, planning and transport.

     

    NOTE: In accordance with overview and scrutiny procedure rule 23.1(a) (budget and policy framework) these decisions are not subject to call-in.

14.

Determination of Primary School Expansions - Permanent Enlargement of Cherry Garden School, and Phoenix, Bellenden, Ivydale, Robert Browning, and Keyworth Primary Schools

    To note the outcome of the consultation on the proposed enlargements of Cherry Garden School, and Phoenix, Bellenden, Ivydale, Robert Browning and Keyworth Primary schools.

     

    To agree to the enlargement of Phoenix, Bellenden, Ivydale, Robert Browning, and Keyworth Primary Schools from 1 September 2016 and the enlargement and relocation of Cherry Garden school relocation on a new site from September 2017 onwards.

    Supporting documents:

    Minutes:

    In light of the non-pecuniary interest declared by Councillors Colley and Mills at the start of the meeting, they left the room while this item was discussed.

     

    RESOLVED:

     

    1.  That the outcome of the consultation on the proposed enlargements of Cherry Garden School, and Phoenix, Bellenden, Ivydale, Robert Browning, and Keyworth Primary Schools be noted.

     

    2.  That the enlargement of Phoenix, Bellenden, Ivydale, Robert Browning, and Keyworth Primary Schools, from 1 September 2016 onwards be agreed, and to the enlargement and relocation of Cherry Garden School relocation, on a new site in September 2017 onwards.

15.

Gateway 1 - Home Care Procurement Strategy

    To approve a procurement strategy to undertake a competitive tender to re-commission home care services to establish a series of demand led, geographically based contracts aligned to the development of neighbourhood working and local care networks.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the procurement strategy outlined in the report be approved, namely:

     

    a)  to undertake a competitive tender to re-commission home care services to establish a series of demand led, geographically based contracts aligned to the development of neighbourhood working and local care networks

    b)  that the contracts once awarded will be for a term of five years from 1July 2016, with provision to extend the contracts for a further two one year extensions.

     

    2.  That it be noted as set out in paragraph 71 of the report, that the initial market testing and development phase of the procurement will be used to determine the optimum configuration of the contracts that meet operational service requirements in relation to:

     

    a)  Service quality and continuity

    b)  Provision of robust back up service delivery arrangements

    c)  Provision of specialist support including culturally specific care needs

    d)  Partnership working arrangements across the series of contracts

    e)  Provision for the council to be able to commission care and support services to extra care housing from the contracts as required.

     

    3.  That decisions in respect of the optimum configuration of contracts be delegated to the strategic director of children’s and adults’ services.

     

    4.  That it be noted that the projected maximum estimated annual contract value for these contracts is £24 million (currently £18m), which will be met by existing social care budgets, and from NHS funding to the Local Authority, from the Better Care Fund and under agreements arising from integration, in line with the Care Act 2014.

     

    5.  That it be noted that in line with the existing contract terms a further gateway 3 report will be brought forward to exercise a further and final one year extension to 30 June 2016 to allow time for procurement of home care services to be completed.

16.

Gateway 2 - Reablement Service Contract Award Approval

    To note the limited response to the reablement tender and to agree to cease the procurement and not to award the contracts.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Decisions of the Cabinet

     

    1.  That the limited response to the reablement tender and the concerns set out in this report in relation to the outcome of the procurement be noted.

     

    2.  That it be agreed to cease the procurement and not to proceed to award the reablement contracts for the reasons set out in paragraphs 31-39 of the report.

     

    3.  The the strategic director of children and adult’s services be authorised to urgently explore the options for directly delivering a reablement service and bring back to cabinet recommendations for taking this forward.

     

    Decision of the Leader of the Council

     

    4.  That the strategic director of children’s and adults’ services be authorised to enter into single supplier negotiations with the current providers for contracts to cover up to twelve months from 1 July 2015 to 1 July 2016 at a projected combined cost of approximately £635,000; to ensure continuity of service and allow time to complete the appraisal and, subject to cabinet approval, implement a direct delivery reablement service. 

17.

Gateway 1 - Procurement Strategy Approval: Management of the Council's Leisure Facilities

    To approve the procurement strategy for the tender for the management of the council’s leisure services.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the procurement strategy outlined in the report to go out to tender for the management of the council’s leisure facilities from 21 June 2016 for a period of seven years with an option to extend for a period or periods of up to a further seven years be approved.

18.

Gateway 1 - Procurement Strategy: Parks Grounds Maintenance Contract

    To approve the strategy for the parks grounds maintenance contract.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the procurement strategy outlined in the report for the long term parks grounds maintenance contract commencing October 2016 at an estimated annual value of £2,795,000 for a period of seven years with an option to extend by a further seven years making a total contract value of £39,130,000 be approved.

     

    2.  That the use of the extension of the parks grounds maintenance contract to Quadron Services Limited (Quadron) for a period of 18 months for the reasons detailed in paragraphs 52 to 60 at a total cost of £4,192,500 be approved. This term will comprise the following:

     

    i)  a six month extension from 1 April 2015 to 30 September 2015 at a cost of £1,397,500 and

     

    ii)  a further 12 months from 1 October 2015 to 30 September 2016 via a single supplier negotiation at a cost of £2,795,000 by way of an exemption from contract standing orders as provided in CSO 4.4.3.

19.

Gateway to Peckham Project Update and Approval of the making of an application to the Secretary of State for a compulsory purchase order to acquire the property interests within the revised project boundary

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    To approve a compulsory purchase order and authorise a number of actions for the direction of regeneration.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the council makes a Compulsory Purchase Order (CPO) under section 226 (1) of the Town & Country Planning Act 1990 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of the land and new rights within the area and hatched edged black on the Ordnance Survey plan LBS_3175(Layout3) at Appendix One  for the purpose of securing the creation of a new public square and new or refurbished commercial space to the front of Peckham Rye Station part of proposal site 6 in the Peckham & Nunhead Area Action Plan (PNNAP).

     

    2.  The director of regeneration be authorised to:

     

    a)  take all necessary steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and the presentation of the council’s case at Public Inquiry should one be called;

     

    b)  acquire all interests in land within the CPO boundary either by agreement or compulsorily;

     

    c)  approve agreements with land owners setting out the terms for the withdrawal of objections to the CPO, including where appropriate seeking exclusion from the CPO;

     

    d)  amend the boundaries of the Area 1 edged and hatched black on the Ordnance Survey plan LBS_3175(Layout3) at Appendix One; or

     

    e)  either amend the boundaries of the Area 1 edged black on the Ordnance Survey plans to include Area 2 edged black on plan LBS_3175(Layout4) at Appendix One or seek a separate compulsory purchase order, if negotiations are not concluded between Network Rail (the freeholder) and Bywater Properties (the tenant), should it be required;

     

    f)  make arrangements for the presentation of the council's case for confirmation of the CPO at any public inquiry;

     

    g)  exercise the compulsory purchase powers authorised by the CPO by way of general vesting declaration and/or notice to treat.

     

    h)  to approve the acquisition of all interests, where possible, by negotiation pursuant to the CPO approving payments to interest holders in line with the statutory compensation provisions within the budget and limits per interest set out in the closed report.

     

    3.  That the following be noted:

     

    a)  The change in the delivery of the project

     

    b)  The results of the community engagement work undertaken as part of the co-design process

     

    c)  Other work completed as part of the project

     

    d)  The renewed funding agreement to be entered into with the GLA.

20.

Motions referred from Council Assembly

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    To consider motions on the following:

     

    ·  Traffic and transport including cycling and public transport

    ·  A fair deal for tenants and leaseholders

    ·  Campaign against the high stake gambling machines

    ·  Towns against tax dodging

    ·  Healthy and active communities

    ·  Tackling empty homes in Southwark

    ·  Local government devolution

    ·  HIV testing.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Traffic and transport including cycling and public transport

     

    That the motion referred from council assembly as a recommendation to cabinet, set out below, be agreed.

     

    1.  That a well resourced, well maintained and accessible transport system can improve the lives of our residents, expand economic growth, improve public health and make the borough a more pleasant place to live. Council assembly recognises the need for a robust transport policy that enables people to travel around the borough and access services as freely and easily as possible, while at the same time minimising the environmental impact of transport and making the borough a safer, cleaner, healthier and more attractive place to live.

     

    2.  That council assembly believes that transport policy should reflect an emphasis on public transport, including improving walking and cycling routes, increasing bus capacity and improving transport links for people living in outreach areas of the borough, who are currently poorly served by National Rail.

     

    3.  That council assembly recognises the key role played by the council in promoting and encouraging sustainable forms of transport, such as walking and cycling, to improve health and air quality, and to improve the public realm, including streets, parks and open spaces.

     

    4.  That council assembly welcomes the progress made by the council to reduce traffic and encourage more environmentally friendly forms of transport. In particular, council assembly welcomes the launch of the new cycling strategy for consultation, which aims to both improve cycling experiences and increase the number of people cycling in the borough.

     

    Economic growth

     

    5.  That council assembly recognises the potential for improvements in transport to unlock economic growth by increasing employment opportunities, opening up connectivity across the borough and improving links between Southwark and the rest of London.

     

    6.  That with a projected population increase of 19% over the next fifteen years, it is essential to ensure capacity and affordability of public transport in Southwark by maintaining and improving the existing transport network, to ensure that those who live and work in the borough are able to make journeys as freely and easily as possible.

     

    7.  That council assembly recognises that significant public transport improvements are needed in parts of the borough which are currently under-served and in need of additional investment.

     

    8.  That council assembly fully supports Labour’s campaign to extend the Bakerloo line south of Elephant and Castle and welcomes the cross party support for this campaign. Council Assembly welcomes that after more than 100 years since the extension was first proposed, a consultation is now being undertaken by TfL to consider options for the route.

     

    9.  That council assembly supports the expansion of the Bakerloo line to serve both Camberwell and the Old Kent Road and calls on Cabinet to continue pushing for a two-branch extension with Transport for London (TfL) and the Mayor of London and to push for a more ambitious timetable for the delivery of the Bakerloo line extension.

     

    10.  That council assembly calls on the cabinet to support small businesses  ...  view the full minutes text for item 20.

21.

Review of the Voluntary Redundancy Offer

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    To agree to the creation of an enhanced voluntary redundancy scheme to be introduced in April 2015

    Supporting documents:

    Minutes:

    This item had not been circulated five clear days in advance of the meeting. The chair agreed to accept the item as urgent because a voluntary redundancy scheme needs to be introduced as soon as possible in order to help support the implementation of budget plans for 2015/16 and beyond.

     

    RESOLVED:

     

    Decisions of the cabinet

     

    1.  That the summary benchmark information for London boroughs be noted. 

     

    2.  That the continued pressures on the council budget for 2015/16 and the likelihood of further pressures in future years impacting on council services and the work force in particular be noted.

     

    3.  That the creation of an enhanced voluntary redundancy scheme to be introduced in April 2015 be agreed.

     

    4.  That the head of paid service (chief executive) be delegated responsibility for the detailed preparation and publication of the scheme in consultation with the cabinet member for finance, strategy and performance

     

    5.  That it be noted that the chief executive as head of paid service will ensure appropriate consultation with trades unions is completed.

     

    Decision of the leader

     

    6.  That final approval of the voluntary redundancy scheme be delegated to the cabinet member for finance, strategy and performance.

Exclusion of Press and Public

That the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in category 3 of paragraph 10.4 of the access to informaiton procedure rules of the Southwark Constitution.

 

The following is a summary of the closed part of the meeting.

22.

Minutes

    To approve as a correct record the minutes of the closed section of the meeting held on 10 February 2015.

Minutes:

The minutes of the closed section of the meeting held on 10 February 2015 were approved as a correct record and signed by the chair.

23.

Gateway 2 - Reablement Service Contract Award Approval

Minutes:

The cabinet considered the closed information relating to this item. Please see item 16 for decision.

24.

Gateway 1 - Procurement Strategy Approval: Management of the Council's Leisure Facilities

Minutes:

The cabinet considered the closed information relating to this item. Please see item 17 for decision.

25.

Gateway 1 - Procurement Strategy: Parks Grounds Maintenance Contract

Minutes:

The cabinet considered the closed information relating to this item. Please see item 18 for decision.

26.

Gateway to Peckham Project Update and Approval of the making of an application to the Secretary of State for a compulsory purchase order to acquire the property interests within the revised project boundary

Minutes:

The cabinet considered the closed information relating to this item. Please see item 19 for decision.