Agenda and minutes

Cabinet
Tuesday 31 October 2017 4.00 pm

Venue: Ground Floor Meeting Room G02A - 160 Tooley Street, London SE1 2QH

Contact: Paula Thornton  Phone: 020 7525 4395 Email:  paula.thornton@southwark.gov.uk

Items
No. Item

1.

Apologies

    To receive any apologies for absence.

    Minutes:

    Apologies for absence were received from Councillors Maisie Anderson and Ian Wingfield.

     

    Apologies for lateness were received from Councillors Peter John and Victoria Mills.

     

    (Councillor Stephanie Cryan chaired the beginning of the cabinet meeting until Councillor Peter John arrived).

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 of the following late items:

     

    Item 7:   Deputation requests

     

    Item 16:   Addendum report for New Southwark Plan: Proposed Submission Version.

     

    Reasons for urgency and lateness will be specified in the relevant minute.

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 dispensations in respect of any item of business to be considered at this meeting.

    Minutes:

    The following declarations were made:

     

    ·  Councillor Victoria Mills declared a disclosable pecuniary interest in respect of Items 19 and 25: Gateway 2: Contract Award Approval - Care at Home Contracts, as her partner works for UNISON.

     

    ·  Councillor Johnson Situ declared a non-pecuniary interest in item 18: A Review of Further Education and Skills Provision and Local Support Arrangements: A response to the overview and scrutiny committee, as he was a governor at Lewisham and Southwark College.

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. The deadline for the receipt of public questions is midnight Wednesday 25 October 2017.

    Minutes:

    1.  Public Question from Mark Bacon

     

    What is the council's expectations for extension of the London Bridge Quarter high-rise zone eastwards from Guys Hospital along St Thomas Street - and will planners ensure the historic character and welcoming nature of Bermondsey Street, with its maximum height of 5 storeys throughout, is respected and is not overshadowed?

     

    Response by the Cabinet Member for Regeneration and New Homes

     

    The New Southwark Plan sets out a vision for Bermondsey and London Bridge. This states that development should complement the distinct character of Bermondsey Street. Bermondsey Street is largely within the Bermondsey Street Conservation Area. As such, any redevelopment proposal within the conservation area or within the vicinity of the conservation area must conserve and enhance the significance of conservation areas taking into account their local character, appearance and positive characteristics published in Conservation Area Appraisals (as required in policy P17 – Conservation areas).

     

    Development proposal for tall buildings would be assessed against the borough-wide tall buildings policy (P14 – Tall buildings). The New Southwark Plan identifies two potential development sites on St Thomas Street. The design and accessibility guidance for both sites states that taller buildings should be located towards the west of the site and not detract from the primacy of the Shard. Comprehensive mixed-use redevelopment of the sites could include taller buildings subject to consideration of impacts.

     

    Supplemental question

     

    Mark Bacon asked whether the planning committee will reference the New Southwark Plan in planning applications.

     

    Councillor Mark Williams responded that any new planning applications have to be considered on their own merits and that developments must demonstrate significant benefits for the area. It was clear that landowners would need to work together in this regard and to comply with good design principles. The Southwark Plan would not be adopted until next year and the council would do all that it can to ensure that any development respects and provides real benefits for the area.

     

    2.  Public Question from Toby Eckersley

     

    What are the current government-imposed housing revenue account (HRA) and other borrowing limits and how much leeway is there for Southwark to increase borrowings under each relevant limit?

     

    Response by Cabinet Member for Finance, Modernisation and Performance

     

    The Local Government Act 2003 requires the Authority to have regard to the Chartered Institute of Public Finance and Accountancy’s Prudential Code for Capital Finance in Local Authorities 2011 when determining how much money it can afford to borrow. The objectives of the Prudential Code are to ensure, within a clear framework, that the capital investment plans of local authorities are affordable, prudent and sustainable, and that decisions are taken in accordance with good professional practice.

     

    The two primary restrictions on local government borrowing are the:

     

    ·  HRA Indebtedness Limit

    ·  Authorised Limit for External Debt

     

    Our headroom for borrowing, in accordance with the prudential code is set out below:

     

    ·  £184m Housing Revenue purposes

    ·  £637m for General Fund

     

    Please see below for further information on this headroom.

     

    HRA Indebtedness Limit

     

    The maximum limit for HRA indebtedness  ...  view the full minutes text for item 5.

6.

Minutes

7.

Deputation Requests

    To consider any deputation requests. The deadline for the receipt of deputation requests is midnight Wednesday 25 October 2017.

    Supporting documents:

    Minutes:

    The deputation requests had not been circulated five clear days in advance of the meeting. The chair agreed to accept these as urgent as the requests had been received in line with the constitutional deadline for the receipt of deputation requests. Two requests were received after the deadline, which the chair agreed to accept for reasons of urgency and lateness.

     

    RESOLVED:

     

    That the deputation requests be received.

     

    On behalf of dog owners in Southwark

     

    The deputation spokesperson addressed the meeting in respect of the introduction of public space protection orders (PSPOs) to tackle dog related anti-social behaviour. The deputation expressed their dissatisfaction with the process surrounding the recently proposed Public Space Protection Orders (PSPOs), the restrictions on dog owners and the approach taken to gaining new powers. The deputation outlined the impact of the consultation process and expressed their views on why they felt this process was flawed.

     

    Friends of Nunhead Cemetery

     

    The deputation wished to make the case for restrictions on dogs in Nunhead Cemetery over and above those recommended by officers in the report, relating to the introduction of Public Space Protection Orders (PSPOs). The deputation expressed the view that dogs should be permitted in the cemetery, but that they should be kept on leads in all areas and at all times. It was argued that having dog controls in cemeteries was the norm and a survey of London Boroughs demonstrated that most councils excluded dogs completely from the cemetery. The council’s consultation proposed a maximum of 4 dogs per walker and is believed that Southwark should keep to this number (73% agreed or strongly agreed).

     

    Home care workers

     

    Councillor Victoria Mills having declared a disclosable pecuniary interest, withdrew from the meeting while this deputation was being heard and discussed.

     

    Sue Plain addressed the cabinet on behalf of home care workers in respect of cross referencing the fairer futures procurement strategy and trade union recognition. Home care workers were disproportionately female and may experience elements of bad practice; they therefore required union support and assistance. It was in this context that concern was expressed about the recognition of trade unions. Individuals on their own often felt unable to complain and require union support to do so. Sue Plain suggested a number of amendments to elements of the home care report to reinforce trade union recognition.

     

    Councillor Victoria Mills returned to the meeting at the conclusion of this deputation.

     

    Leaseholders, Northchurch, Aylesbury Estate

     

    The leaseholders referred to various cabinet reports/decisions and the lack of reference within these to the compulsory purchase orders (CPOs) required. Additionally leaseholders had been informed at a meeting on 9 May 2017 that their properties were not required for CPO. Confirmation had been received from the planning department that the original plans had not changed regarding Northchurch. The deputation were therefore querying why a CPO was needed and, felt that the cabinet were misled on the 29 September 2017 and 9 May 2017. It was explained that there were still no new planning applications, so  ...  view the full minutes text for item 7.

8.

2017 Primary and Secondary School Place Planning Strategy Update

Motion of Adjournment

At 6.00pm it was moved, seconded and

 

RESOLVED: 

 

  That the meeting stand adjourned for five minutes.

 

The meeting reconvened at 6.05pm.

9.

Response to Southwark Schools Scrutiny in a Day

    To approve the response to the children’s and education scrutiny sub-committee report on “Southwark Schools Scrutiny in a Day.”

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the response to the education and children’s services scrutiny sub-committee report, Southwark schools scrutiny in a day, be approved.

     

    2.  That cabinet requests that the education and children’s services scrutiny sub-committee consider scrutinising the number and reasons for exclusions during and after Year 12 in Southwark and the governance around these decisions. This follows the unlawful use of exclusions by St Olave’s Grammar School in Kent for non-behavioural reasons.

10.

Gateway 1: Procurement strategy approval - Special Educational Needs and Disability (SEND) taxis for children, young people and vulnerable young people

11.

Introduction of Public Space Protection Orders (PSPOs) to tackle dog related anti-social behaviour (ASB)

12.

Safe as Houses ? Independent Social Research into Early Impacts of Universal Credit (UC) among Social Housing Tenants in Southwark

13.

Annual Workforce Report

    To note the annual workforce report and key issues arising.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That Appendix 1 be noted and it also be noted that this report:

     

    1.  Demonstrates that the council continues to reflect the diversity of the borough in the makeup of its workforce and the levels of change that have taken place have not impacted negatively on the diversity of the workforce.

     

    2.  Demonstrates that the council has protected frontline staff despite the level of savings that have been made due to reductions in central government funding.

     

    3.  Suggests a picture of a productive and well motivated staff with low levels of sickness, low levels of staff complaints and good rates of staff retention.

     

    4.  Suggests that the council is an attractive employer given the high numbers of applications that the council receives.

     

    5.  Highlights how we will continue to inform Southwark’s Workforce Strategy agreed by cabinet in November 2016 suggesting some areas requiring further consideration and action for example in encouraging staff to declare disabilities assisted by our (human resources) HR system upgrade, so that the council can monitor our commitment to employing and retaining staff with disabilities.

14.

New Commissioning Model and Common Outcomes Framework for the Voluntary and Community Sector

15.

Consideration of Options for Broadband in Rotherhithe and Improving Connectivity in the Borough as a Whole

16.

New Southwark Plan: Proposed Submission Version

17.

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

18.

A Review of Further Education and Skills Provision in the London Borough of Southwark - Response to Overview and Scrutiny Committee

19.

Gateway 2: Contract Award Approval - Care at Home Contracts

    To note the change in the agreed evaluation methodology and approve the award of the home care (care at home) contracts.

    Supporting documents:

    Minutes:

    Councillor Victoria Mills having declared a disclosable pecuniary interest, withdrew from the meeting while this item was being discussed.

     

    RESOLVED:

     

    1.  That the change in the agreed evaluation methodology to a cost/quality weighting of 70.30 as detailed in paragraph 6 of the report be noted.

     

    2.  That the award of the home care (Care at Home) contracts to the following providers for a period of five years commencing from 4 December 2017 for general home care (Lots 1-9) and from 1 March 2018 for extra care and night owls (Lot 10) with provision to extend all contracts set out at the council’s discretion for a further two years be approved. Details of the contracts are set out in the table below:

     

    Lot No

    Description of contract

    Name

    Estimated annual Contract Value

    Estimated  value  at five year term

    Estimated value if two year extensions exercised

    Total estimated contract Value

    1

    General Home Care

    London Care Ltd

    £2.82m

    £14.10m

    £5.64m

    £19.74m

    2

    General Home Care

    Sagecare Ltd

    £2.82m

    £14.10m

    £5.64m

    £19.74m

    3

    General Home Care

    Supreme Care Services Ltd 

    £2.13m

    £10.66m

    £4.26m

    £14.92m

    4

    General Home Care

    Medacs Health Care PLC

    £2.20m

    £11.02m

    £4.41m

    £15.43m

    5

    General Home Care

    London Care Ltd

    £2.73m

    £13.63m

    £5.45m

    £19.08m

    6

    General Home Care

    Sagecare Ltd

    £2.73m

    £13.63m

    £5.45m

    £19.08m

    7

    General Home Care

    Supreme Care Services Ltd 

    £2.30m

    £11.48m

    £4.59m

    £16.08m

    8

    General Home Care

    Medacs Health Care PLC

    £0.86m

    £4.29m

    £1.72m

    £6.01m

    9

    General Home Care

    Carewatch Care Services Ltd

    £0.88m

    £4.39m

    £1.76m

    £6.15m

    10

    Extra Care +Night Owls

    London Care Ltd

    £1.84m

    £9.21m

    £3.68m

    £12.89m

    Total

     

     

    £21.30m

    £106.51m

    £42.60m

    £149.12m

     

    3.  That, given the value that cabinet place on the benefits of trade union membership, officers are to write to all the successful bidders to explain those benefits and ask them to go beyond the current requirements of the contract by offering to recognise unions across the workforce engaged on the care at home contracts, rather than just those with TUPE protection.  Officers are also asked to provide regular updates about responses to this request to the lead member as part of the wider briefings received in relation to the mobilisation of the contract.

     

    4.  That the home care contracts continue to be monitored by cabinet.

     

    5.  That the strategic director of children’s and adults services write to Councillor Peter John and the chair of overview and scrutiny committee, setting out in writing his response in respect of queries raised on procurement.

     

    (Councillor Victoria Mills returned to the meeting at the conclusion of this item).

20.

Acquisition of Affordable Housing at Longville Road, SE11

21.

The Outcome of the Consultation Exercise on changes to Day Centre Provision at Queens Road and Riverside and the Development of a Disability Hub

22.

Aylesbury Estate: Community facilities at Plot 18 Delivery

    To note the current position in relation to the delivery of the new homes and range of community facilities at plot 18.

     

    To resolve to make a compulsory purchase order under section 226 (1) of the Town & Country Planning Act 1990.

    Supporting documents:

    Minutes:

    Council officers provided a verbal response to the issues raised by the deputation at the meeting and agreed to respond in writing as well.

     

    RESOLVED:

     

    1.  That the current position in relation to the delivery of new homes and a range of new community facilities at Plot 18 of the Aylesbury regeneration programme be noted as follows:

     

    ·  Outline consent for the redevelopment of the site was granted in August 2015

    ·  Cabinet approved the submission of a detailed scheme for Plot 18 for planning consent in October 2015

    ·  Detailed reserved matters planning consent was granted in December 2016

    ·  Cabinet approved the funding package for the delivery of Plot 18 in February 2017

    ·  An application has been submitted to amend the consented tenure mix for Plot 18 in line with the revised tenure mix reported to cabinet in May 2017

    ·  Vacant possession of 300-313 Missenden and the blue huts was achieved in March 2016 and demolition was completed in June 2017

    ·  The council has successfully acquired 2 resident leasehold properties within 57-76 Northchurch by agreement and successfully rehoused 13 households on a secure tenancy

    ·  Initial service diversion works have commenced and will be completed in 2018

    ·  The council is continuing to negotiate with all 3 remaining leaseholders within 57-76 Northchurch with the intention to acquire these remaining interests by agreement. 

     

    2.  That a Compulsory Purchase Order under Section 226 (1)(a) of the Town & Country Planning Act 1990 is made for all land and rights within the area of land identified within the plan at Appendix 2 of the report for the purposes of securing the delivery of new homes and community facilities on the site in line with the existing planning consent and thereby securing the regeneration of the Aylesbury Estate in line with the adopted Aylesbury Area Action Plan.

     

    3.  That it be noted that an update report on further progress towards obtaining vacant possession of the site will be brought to cabinet before a Compulsory Purchase Order is made.

23.

Aylesbury Estate: Approved premises facility (APF) delivery

Exclusion of the press and public

RESOLVED:

 

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 decisions taken in the closed part of the meeting.

24.

Minutes

Minutes:

RESOLVED:

 

That the minutes of the closed section of the meeting held on 19 September 2017 were approved as a correct record and signed by the chair.

25.

Gateway 2: Contract Award Approval - Care at Home Contracts

Minutes:

Councillor Victoria Mills having declared a disclosable pecuniary interest, withdrew from the meeting while this item was being discussed.

 

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

26.

Acquisition of Affordable Housing at Longville Road, SE11

Minutes:

The cabinet considered the closed information relating to this item. Please see item  20 for the decision.