Agenda and minutes

Cabinet
Tuesday 21 July 2015 4.30 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

2.

Notification of any items of Business which the Chair Deems Urgent

    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 item of business would be considered for reasons of urgency to be specified in the relevant minute:

     

    Item 7: Deputation requests

     

    Additionally, it was confirmed that cabinet would adjourn their consideration of Item 23: Senior Management Restructure to a cabinet meeting to be held on Tuesday 28 July 2015 at 4.00pm.

     

    It was also noted that Item 22: Policy and Resources Strategy 2016/17 to 2018/19 – scene setting report was now scheduled to be considered at the 15 September 2015 meeting of cabinet.

3.

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

4.

Disclosure of Interests and Dispensations

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

    Minutes:

    Councillors Victoria Mills and Fiona Colley as parents of school aged children in September 2016 requested that their interest be noted in respect of item 11, Primary and Secondary School Place Planning Strategy Update. This was not a disclosable pecuniary interest but to avoid the appearance of any bias this interest was declared. Additionally they confirmed that they would withdraw from the meeting while this item was being discussed.

5.

Public Question Time (15 Minutes)

    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 public questions were submitted as follows:

     

    Question from Toby Eckersley to Councillor Mark Williams

     

    The council's "advance payment" duties under S.52 Land Compensation Act 1973 being designed to provide rehousing resources to those facing compulsory purchase, at what stage does the council consider itself bound to accept an advance payment request, and would it ever delay an advance payment until after taking possession?

     

    Response

     

    Section 52 of the Land Compensation Act 1973 sets out arrangements for the advance payment of compensation to a homeowner where the council has taken possession of a property following a compulsory purchase order (CPO).  The purpose of this is to ensure that dispossessed homeowners are able to receive the majority of the compensation to which they are entitled on or soon after the Council taking possession of their property, even though the final amount of compensation payable remains unresolved.  This is required because it can take some time after possession of the property has been taken for the final level of compensation to be resolved, in some cases requiring determination by the courts.

     

    Upon receiving a valid request for advance payment, the council is required to make a payment of 90% of its assessed value of the property on the later of the date it takes possession of the property or 3 months from the request.  This is termed an “advance payment” as it is made in advance of resolving the final amount of compensation to which the homeowner is entitled; it is not a payment made in advance of the council taking possession of the property, and the council is not required to release any payment in until it has taken legal possession of the property.

     

    The council works very hard to negotiate with homeowners to purchase their properties by agreement and to avoid having to exercise its compulsory purchase powers, and with success:  Taking possession without the owner’s agreement affects only a very small minority of owners, less than 2% of properties on the Heygate Estate and less than 7% on the Aylesbury Estate, for example.  When this is unavoidable and to mitigate the financial impact on those affected, advance payments are typically made within days of valid claims being received and well before the three month statutory limit.

     

    Supplemental question

     

    Mr Eckersley asked a supplemental question relating to advance payments. It was agreed that Councillor Mark Williams and council officers would meet with Mr Eckersley to discuss the matter.

     

    Question from Beverley Robinson to Councillor Mark Williams

     

    Noting that "rehousing assistance" for leaseholders facing compulsory loss of home often requires compulsory re-direction of pre-existing savings, what steps are being taken to improve policies and procedures to mitigate the stress and unfairness perceived by leaseholders in regeneration areas, with particular regard to the financial assessment procedures?

     

    Response

     

    Through its rehousing assistance scheme, the council offers a range of rehousing options for leaseholders affected by estate regeneration programmes who are unable to purchase a new property locally on the open market.  This  ...  view the full minutes text for item 5.

6.

Minutes

7.

Deputation Requests

    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 requests were received in line with the constitutional deadline for the receipt of deputation requests.

     

    RESOLVED:

     

    1.  That the following deputation requests be heard.

     

    2.  That in consideration of the representations from residents of Highshore Road and the surrounding area the next meeting of the planning committee be requested to consider a report recommending the invocation of an Article 4 Direction for immediate implementation (protected shopping frontages).

     

    Local residents – Car Wash in Parkhouse Street, Camberwell

     

    The deputation spokesperson was unable to attend the meeting. It was noted that a written representation was circulated from the deputation to all cabinet members and relevant officers.

     

    Residents of Highshore Road and the surrounding area

     

    The deputation spokesperson addressed the meeting on behalf of residents of Highshore, Peckham and Nunhead  Rye Lane conservation area, neighbouring conservation areas and the protected shopping frontages of the borough. The deputation were concerned that recently relaxed planning laws would threaten local businesses and the well being of the community, restricting the council’s powers to manage change of use from shops and other use classes, to financial and professional services such as estate agents.

     

    The deputation strongly urged that cabinet members support the invocation of an Article 4 Direction, that would withdraw permitted development rights from estate agents and brand name chains with immediate effect, so that they must submit planning applications for change of use, to help ensure the long term protection of the local economy.

     

    Homeowners Council

     

    The deputation addressed cabinet on behalf of Homeowners Council, in respect of item 15, proposal to implement the extension of licensing powers under the Housing Act 2004. 

     

    The spokesperson requested that the council continue working with the Homeowners Council to review the proposal.  Concerns relating to consultation were raised by the deputation. Additionally, it was felt that the extension of licensing powers under the Housing Act 2004 would not add anything further to deal with anti-social behaviour, and the deputation asked that the decision be deferred for a 12 month period.

     

    Councillor Richard Livingstone in his response to the deputation documented the extensive consultation that had taken place in respect of these proposals.

8.

Southwark's Adoption Services

9.

Narrowing the Achievement Gap

10.

Response to Southwark and Lambeth Childcare Commission

    To agree the proposed actions in response to the recommendations of the Southwark and Lambeth Childcare Commission.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That in response to the recommendations of the Southwark and Lambeth Childcare Commission (set out in Appendix A), the proposed actions set out at paragraph 18, Table One of the report be agreed.

     

    2.  That a further report be brought back to cabinet in Autumn 2015 outlining a clear strategy and detailed programme of activities for implementing this response, and for securing a sufficient supply of good quality early education and childcare places across Southwark (as set out at paragraph 27 of the report).

     

    3.  That an award of a one-off grant of £110,000 to 1st Place Children and Parents Centre be agreed, to support the start up of a new nursery in line with the council’s commitment to open new community nursery provision.

     

    4.  That further proposals for new community nursery provision be invited from potential providers, with a budget of £200,000 established for this purpose.

11.

Primary and Secondary School Place Planning Strategy Update

    To note the updated forecasts of primary school reception places and demand for year 7 secondary school places in the borough.

     

    To agree to phase the expansion of Ivydale primary school to occur in two stages.

    Supporting documents:

    Minutes:

    Councillors Victoria Mills and Fiona Colley withdrew from the meeting while this item was being discussed.

     

    RESOLVED:

     

    1.  That the updated forecasts of primary school reception places be noted.

     

    2.  That formal consultation on the expansion of Rotherhithe Primary School from 2 forms of entry to 3 forms of entry be commenced.

     

    3.  That the expansion of Ivydale Primary School be phased to occur in two stages – for 90 to be admitted to reception in September 2016, and 120 in September 2017.

     

    4.  That the updated forecast of demand for year 7 secondary school places in the borough and the steps being taken by officers to assist and facilitate appropriate expansions of existing secondary schools in Southwark be noted.

     

    5.  That the engagement with the Education Funding Agency on site(s) for a north of the borough secondary school be noted.

     

    6.  That discussions taking place with both Southwark’s Diocesan Boards on potential for expansion of diocesan schools in the north of the borough be noted.

     

    7.  That the potential shortfall of places in planning area 1 (Borough, Bankside and Walworth) from 2018/19 onwards be noted, and that plans will be brought forward to address this within the year.

12.

Progress Update on the Council's Housing Investment Plans

13.

Key Principles and Protocol for Developing New Council Homes in Partnership with Residents

14.

Cash Incentive Scheme 2015-16

15.

Proposal to Implement the Extension of Licensing Powers Under the Housing Act 2004

16.

Standards for Houses in Multiple Occupation

17.

Quarterly Capital Monitoring Outturn Report for 2014/15 and Capital Programme Refresh for 2014/15-2023/24

    To note the outturn position for 2014/15 for the general fund capital programme including the overall position of the programme for the period 2014/15 to 2023/24 and the outturn position for 2014/15 for the housing investment programme, including the overall position of the programme for the period 2014/15 to 2021/22.

     

    To approve the virements and funded variations to the general fund and housing investment capital programme and approve the re-profiling of budgets in line with the forecast expenditure and resources in the new financial year 2015/16 and agree the process for identifying projects for which community infrastructure levy (CIL) may be used as all or partial funding.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the outturn position for 2014/15 for the general fund capital programme including the overall position of the programme for the period 2014/15 to 2023/24 as detailed in appendices A and D  of the report be noted.

     

    2.  That the outturn position for 2014/15 for the housing investment programme, including the overall position of the programme for the period 2014/15 to 2023/24, as detailed in Appendix B of the report be noted.

     

    3.  That the virements and funded variations to the general fund and housing investment capital programme as detailed in Appendix C of the report be approved.

     

    4.  That the re-profiling of budgets in line with the forecast expenditure and resources in the new financial year 2015/16 and future years in light of the 2014/15 outturn position for both the general fund and housing investment programmes as reflected in Appendices A, B and D be approved and it be noted that further re-profiling will be required during 2015/16 based on more up to date information available at that time.

     

    5.  That the process for identifying projects for which community infrastructure levy (CIL) may be used as all or partial funding as detailed in paragraphs 106-118 of the report be agreed.

18.

Revenue Outturn Report 2014/15, including Treasury Management

19.

Response to Recommendations on Commissioning and Procurement at Southwark Council (Overview and Scrutiny Committee)

20.

Appointments to Outside Bodies - Better Bankside Board

21.

Development Proposals for Eagle Wharf Site, London SE15

    To approve the proposals to grant a long leasehold interest in the Eagle Wharf site, Peckham SE15 to Mountview Academy of Theatre Arts.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Decisions of the Cabinet

     

    1.  That the proposals to grant a long leasehold interest in the Eagle Wharf site, Peckham, SE15 to Mountview Academy of Theatre Arts, together with associated development funding arrangements as set out in the closed report be approved.

     

    2.  That the draft head of terms and finance arrangements set out in the closed report be approved

     

    3.  That the powers to negotiate terms relating to the lease and financial arrangements be delegated to the director of regeneration.

     

    Decision of the Leader of the Council

     

    4.  That the final agreement of the lease and financial arrangements be delegated to the cabinet member for finance, performance and modernisation.

22.

Policy and Resources Strategy 2016/17 to 2018/19 - Scene Setting report

23.

Senior Management Restructure

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 information procedure rules of the Southwark Constitution.

 

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

24.

Minutes

25.

Development Proposals for Eagle Wharf Site, London SE15

Motion of Adjournment

RESOLVED:

 

That the meeting stand adjourned until Tuesday 28 July 2015 at 4.00pm in order to consider Item 23: Senior Management Restructure.