Agenda and minutes

Cabinet
Tuesday 17 December 2019 4.00 pm

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

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

Link: YouTube Livestream link

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 of the following late items:

     

    ·  Item 7:

    Deputation requests

    ·  Item 22:

    Indicative Housing Revenue Account (HRA) Budget and Rent Setting 2020-21

    ·  Item 23:

    Policy and Resources Strategy 2020-21 to 2022-23

    ·  Item 24:

    Ledbury Towers Arup Structural Survey Report

     

     

3.

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

4.

Disclosure of Interests and Dispensations

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 a public question is midnight Wednesday 11 December 2019.

    Minutes:

    1.  Public Question from Tom Lloyd

     

    What is the strategy for dealing with the illegal parking every Sunday afternoon, and the noisy aftermath parties where the footballers consume alcohol, and disturb the peace and quiet for the residents in Bateman & Walters Houses? Please provide some new strategy with action points and timescales.

     

    Response by Councillor Evelyn Akoto, Cabinet Member for Community Safety and Public Health

     

    The council is continuing to monitor this location to deal with any parking infringements or anti-social behaviour that result from congregations that take place after football games on Sundays. Operations have taken place on the estate each Sunday since the 17 November and will continue to do so. 

     

    No penalty charge notices (PCNs) have been issued to Sunday footballers to date. The council’s enforcement policy involves a five minute observation period for vehicles which are parked in a permitted parking space. This approach is consistent across Southwark and is common policy across many London boroughs. Very few boroughs issue parking tickets instantly in all circumstances. In instances where the parking contravention is seriously detrimental to other users, such as parking in a disabled bay, a PCN will be issued immediately. The council’s parking enforcement protocols are on the council’s website:

    http://moderngov.southwark.gov.uk/ieDecisionDetails.aspx?ID=1857

     

    Given the issues raised, parking enforcement is not the only tool for dealing with this situation. For example on Sunday 17 November 2019 when the council sent enforcement officers to the Brandon estate, the footballers parking in the estate car park moved their vehicles to Otto Street but continued to congregate within the estate itself

     

    Regards to noise and anti-social behaviour being observed and reported, the council will work to tackle this issue and the noise service will carry out additional monitoring of the area in line with the Anti Social Behaviour Crime and Policing Act 2014. This will commence in the first week of January. 

     

    Neither the police nor the council have legal powers to ban the footballers from the area. The police do have powers of dispersal which they can implement in an area where there is likely to be anti-social behaviour, crime or disorder in a public place. This power has to be used proportionately and reasonably backed with appropriate evidence to support the use of such powers.  Also, the council has been working with colleagues in Lambeth Council and individuals in the football club themselves. A  meeting with one of the key community members who is involved in the organisation of the football games is scheduled for today (17 December 2019).

     

    Officers from parking enforcement, the noise and nuisance team in conjunction with the anti social behaviour unit would welcome working more closely with the community to reassure and resolve the issue.

6.

Minutes

7.

Deputation Requests

    To consider any deputation requests. The deadline for the receipt of a deputation request is midnight Wednesday 11 December 2019.

    Supporting documents:

    Minutes:

    The report had not been circulated five clear days in advance of the meeting. The chair agreed to accept this item as urgent as two of the requests had been received in line with the council’s constitutional deadline for the receipt of deputation requests.

     

    RESOLVED:

     

    1.  That the deputation requests from:

     

    ·  Ledbury Resident Project Group (RPG)

    ·  Kingswood Estate Tenants and Residents Association (TRA)

    ·  Brandon Estate Tenants and Residents Association.

     

    be heard.

     

    Ledbury Resident Project Group

     

    The Ledbury RPG raised their issues with the emerging information on the costs of refurbishment on Ledbury and the process of consultation of residents and decision making on options.

     

    Councillor Kieron Williams, cabinet member for housing management and modernisation, responded to the issues raised by the deputation and confirmed that he would be happy to meet with the deputation, along with relevant officers.

     

    Councillor Peter John arrived at 4.20pm.

     

    Kingswood Estate Tenants and Residents Association

     

    The Kingswood Estate TRA:

     

    ·  raised issues with the  proposed external wall insulation (EWI) cladding work on their blocks

    ·  asked that cabinet examine the report submitted by the contractor in respect of what the deputation feel were exaggerated levels of damp

    ·  requested that a due diligence be carried out on the material of the EWI with specific concerns about the health implications of this material on all residents

    ·  requested for an estate wide open ballot concerning EWI cladding and for residents to be given some say in the matter

    ·  requested that an alternative solution to the claimed damp issues should be considered and that consultation is carried out with residents. 

     

    Councillor Kieron Williams, cabinet member for housing management and modernisation, responded to advise that the ongoing consultation and conversation would continue with local residents following the survey by the independent expert agreed by the TRA.

     

    Councillor Peter John, leader of the council, recommended that the deputation bring back any outstanding concerns they have in March 2020.

     

    Councillor Rebecca Lury arrived at 4.30pm.

     

    Brandon Estate Tenants and Residents Association

     

    The Brandon Estate TRA raised queries on:

     

    ·  New Homes on Brandon Estate, which sites, dates, when 2020-2025 who are they for, council tenants on waiting list, social housing market rents. 

    ·  Hidden homes, report on the walkabout done December 2019, done on the Brandon Estate Services Charges for Major works for Phase 2 and 3. 

    ·  Confirmation of works, when will leaseholders be served Section 20 notices, costs. 

    ·  Services Charges for the year, why was there an increase, no explanation?

     

    Councillor Kieron Williams, cabinet member for housing management and modernisation, and Councillor Leo Pollak, cabinet member for social regeneration, great estates and new council homes, responded to the deputation's questions.  Councillor Evelyn Akoto, cabinet member for community safety and public health, confirmed that a meeting to discuss service charges and leases is planned in the new year for all leaseholders.

8.

School Standards Yearly Report

9.

Kingswood QHIP 2018-2019 External Wall Insulation Proposals - Report from Overview and Scrutiny Committee

    To consider recommendations from the overview and scrutiny committee and agree a report back to cabinet within eight weeks from the relevant cabinet member in response to these recommendations.

    Supporting documents:

    Minutes:

    Councillor Jane Salmon, vice-chair of overview and scrutiny committee, formally introduced the report.

     

    RESOLVED:

     

    1.  That officers be instructed to commission a detailed technical report carried out by an external, industry recognised, expert into the impact that external wall insulation will have on issues of damp and heat loss in properties on the Kingswood Estate, as well as the safety of the external wall insulation.

     

    2.  That the recommendations be considered and that the relevant cabinet member be requested to report back within eight weeks.

10.

Recommendations on Brandon Estate - Report from Overview and Scrutiny Committee

    To consider recommendations from the overview and scrutiny committee and agree a report back to cabinet within eight weeks from the relevant cabinet member in response to these recommendations.

    Supporting documents:

    Minutes:

    Councillor Jane Salmon, vice-chair of overview and scrutiny committee, formally introduced the report.

     

    RESOLVED:

     

    1.  That it be agreed that a core group of councillors, officers and residents meets regularly to review progress against the issues.  This group should undertake a holistic review to ensure that all the strands of work in hand meet residents’ needs.  The group should work transparently by publishing documents such as action plans with RAG rating and minutes of its meetings.

     

    2.  That a clear timetable is set out and delivered for full access to the Jack Hobbs Club by April 2020.

     

    3.  That the housing scrutiny commission’s review of district heating networks should include Brandon as one of its case studies.  This should include the question of how compensation for heating outages is paid – i.e. whether it can be credited to bank accounts instead of rent/service charge accounts.

     

    4.  That an investigation be undertaken into the amount of time it took to implement the new CCTV, and that a report arising from the investigation be provided to the overview and scrutiny committee.

     

    5.  That the relevant cabinet member be requested to report back within eight weeks.

11.

Leathermarket Grant Agreement

    To approve the overarching grant agreement with Leathermarket Community Benefit Society (CBS) to deliver 161 council homes and also approve the project grant agreement for the delivery of individual projects outlined in the overarching grant agreement.

    Supporting documents:

    Minutes:

    Councillor Leo Pollak presented the report to cabinet.

     

    RESOLVED:

     

    1.  That the overarching grant agreement with Leathermarket CBS to deliver 161 council homes be approved. 

     

    2.  That the project grant agreement for the delivery of individual projects outlined in the overarching grant agreement be approved.

     

    3.  That the approval of the grant following this report be delegated to the strategic director of housing and modernisation in consultation with the strategic director of finance and governance.

     

    4.  That it be noted that the council will own these properties and residents will be signed up on council tenancy agreements.

     

    5.  That it be noted that Leathermarket JMB will be ring-fencing the net rental income from the additional homes provided at Marklake Court and further schemes proposed for the first 10 years, which will bring additional benefits to the council and wider community, estimated at nearly £14m.

     

    6.  That it be noted that a separate agreement will be drawn up to agree the ring-fencing of this income, its use and including claw back mechanism by the council.

     

    7.  That it be noted that approximately £2m of this will be used to reduce the costs to the development programme.

     

    8.  That it be noted that the remaining £12m will be used to deliver an estimated additional 30-35 council homes. With the income accumulated from the new homes being used to start 10 of these homes by 2026/7.

     

    9.  That it be noted that the grant of £12,897,245 construction costs plus £2,904,245 professional fees and contingency will be given under the delegated approval to complete the work started on the Joseph Lancaster estate to deliver 40 council homes.

     

    10.  That it be noted that the council will receive £4,000,000 of Council Homes for Londoners Grant for the successful delivery of these homes at Joseph Lancaster.

     

    11.  That it be noted that an additional grant will be required to remediate the ground condition of the Joseph Lancaster site, following recent asbestos discovery. To date, no archaeological finds have been discovered that may adversely influence programme and/or costs.

12.

Gateway 3 Major Works Framework Extension

    To approve the variations to Lots 1, 2 and 3 of the major works framework.

    Supporting documents:

    Minutes:

    Councillor Kieron Williams presented the report to cabinet.

     

    RESOLVED:

     

    1.  That the variation of Lot 1 Major Works Framework to the six providers (as detailed in paragraph 4 of the report) to extend the term of the framework agreements for a period of 12 months from 16 February 2020, at an estimated cost of £50m, with no overall change to a total maximum contract value of £200m, be approved.

     

    2.  That the variation of Lot 2 Major Works Framework to the five providers (as detailed in paragraphs 4 and 5) to extend the term of the framework agreements for a period of 12 months from 16 February 2020, at an estimated cost of £75m, with no overall change to a total maximum contract value of £280m, be approved.

     

    3.  That the variation of Lot 3 Major Works Framework to the five providers (as detailed in paragraph 4) to extend the term of the framework agreements for a period of 12 months from 16 February 2020, at an estimated cost of £10m, with no overall change to a total maximum contract value of £40m be approved.

13.

Annual Workforce Report 2018-19

    To note the workforce report.

    Supporting documents:

    Minutes:

    Councillor Kieron Williams presented the report to cabinet.

     

    RESOLVED:

     

    1.  That the workforce report attached as appendix one of the report be noted, and that this report:

     

    a)  Demonstrates that the council continues to reflect the diversity of the borough in the overall makeup of its workforce;

     

    b)  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.

     

    c)  Suggests that the council is an attractive employer given the high numbers of applications that the council receives;

     

    d)  Highlights how we will continue to shape our workforce equality plan and continue to implement Workforce Strategy with areas requiring further consideration, for example career development and in-work progression with a particular focus on under-represented groups.

14.

Council Tax Base 2020-21

    To approve the schedule of discounts and exemptions and agree the council tax base for 2020-21.

    Supporting documents:

    Minutes:

    Councillor Vikki Mills presented the report to cabinet.

     

    RESOLVED:

     

    1.  That the schedule of discounts and exemptions in paragraph 12 of the report, which remains unchanged, with an exception for long-term empty dwellings effective from 1 April 2020 onwards, be agreed.

     

    2.  That it be agreed that the council tax base for 2020-21 is set at 106,284 (103,662 in 2019-20) band D equivalent dwellings.

     

    3.  That it be agreed that the assumed council tax collection level should remain at 97.20% for 2020-21 (97.20% in 2019-20), noting the risks outlined in paragraphs 23, 24 and 25.

     

    4.  That it be noted that the council tax base for 2020-21 for St. Mary Newington parish is set at 11,994 (12,129 in 2019-20) band D equivalent dwellings.

     

    5.  That it be noted that the council tax base for 2020-21 for St. Saviour’s parish is set at 1,346 (1,259 in 2019-20) band D equivalent dwellings.

     

    6.  That it be noted that that:

     

    ·  a minor change be made to the council tax reduction scheme for 2020-21, as set out in paragraphs 18 to 22 of the report.

     

    ·  any minor and consequential amendments to the CTRS written policy are to remain delegated to the Strategic Director of Finance and Governance, in consultation with the monitoring officer.

     

    7.  That it be noted that the NNDR1 return for 2020-21 showing the national non-domestic rates base will be approved by the Strategic Director of Finance and Governance in January 2020.

     

    8.  That the proposed extension of the current council tax section 13a policy[1] covering discretionary relief be noted (refer to paragraph 17 of the report):

     

    ·  to continue the council tax discretionary relief (0% to 100%) for young people leaving Southwark council's care aged 18 to 24 years, for the period 1 April 2020 to 31 March 2021 (a third year for this scheme).

     

    ·  to continue foster carers discretionary relief (0% to 100%), for the period 1 April 2020 to 31 March 2021. 



    [1] Southwark Council Tax Section 13a (1)(c) policy for 2020-21

15.

Tree Management Policy (2020-2025)

16.

The Southwark Nature Action Plan

17.

Garage compound Henslowe Road, East Dulwich London SE22 OAS

18.

Land at Balfour Street and Chatham Street, Walworth

19.

2 Sedgmoor Place, Camberwell

    To approve the appropriation of land to facilitate the carrying out of development proposals for the area.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That it be confirmed that the land shown edged red on the plan at Appendix A of the report that is currently held for housing purposes is no longer required for those purposes and that the appropriation of the land to planning purposes to facilitate the carrying out of the development proposals for the area in accordance with section 226 of the Town and Country Planning Act 1990 and section 122(1) of the Local Government Act 1972 be approved.

     

    2.  That it be confirmed that following completion of the appropriation at paragraph 1 the land shown edged red on the plan at Appendix A of the report will no longer be required for planning purposes and that the appropriation of the land to housing purposes in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972 be approved.

20.

Garage compound Bassano Street, East Dulwich London SE22 8RU

21.

Strategic Acquisition of Land Old Kent Road SE15

    Authorises pursuant to s120 of the Local Government Act 1972 and s9 of the Housing Act 1985, that the Council acquires the freehold interest in the property shown edged red on the plan at Appendix A

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That it be authorised pursuant to s120 of the Local Government Act 1972 and s9 of the Housing Act 1985, that the Council acquires the freehold interest in the property shown edged red on the plan at Appendix A of the report.

     

    2.  That the principal purchase terms set out in full in paragraph 4 of the closed version of this report and substantially in paragraph 19 of this report be authorised.

     

    3.  That authority be delegated to the Director of Regeneration to agree the detailed terms of the acquisition.

     

    In accordance with the provisions of section 17 of the access to information procedure rules (decisions for urgent implementation), the chair of overview and scrutiny committee has agreed that this item may be treated as a matter of urgency and is therefore not subject to call-in.

22.

Indicative Housing Revenue Account (HRA) Budget and Rent Setting 2020-21

23.

Policy and Resources Strategy 2020-21

    To note issues associated with the policy and resources strategy and agree recommendations.

    Supporting documents:

    Minutes:

    The report had not been circulated five clear days in advance of the meeting. The chair agreed to accept the report as urgent as the council is committed to publishing budget proposals at the earliest possible opportunity to ensure they are available to the public for comments and questions. Presenting this report to cabinet on 17 December 2019 gives the opportunity for debate prior to presentation of budget figures to cabinet on 21 January 2020. Under the council’s constitution, there is a requirement for the overview and scrutiny committee to review and challenge budget proposals and this is due to take place on 27/29 January 2020.

     

    RESOLVED:

     

    1.  That it be noted that the provisional local government finance settlement, due to be published by 5 December 2019, has been delayed (paragraphs 26-27 of the report).

     

    2.  That it be noted, and recognising the continued uncertainty for local government funding, that the intention is to prepare a balanced one year 2020-21 budget for approval by cabinet in advance of council assembly in February 2020 (paragraphs 32-33 of the report).

     

    3.  That it be noted that the budget proposals for 2020-21 contained within this report include:

     

    ·  Estimated general grant resources of £152.317m, an increase of £2.442m from 2019-20

    ·  Additional grant income of £13.571m, including increased social care grant of £7.332m

    ·  Estimated retained business rates growth of £26.0m (paragraph 59), an increase of £1.0m over 2019-20

    ·  Estimated council tax revenue of £113.327m, including growth in the tax base of £2.795m

    ·  A net brought forward deficit on the Collection Fund chargeable to the 2020-21 budget of £6.729m

    ·  Pay award and contractual inflation of £3.830m (excluding Children’s and Adult Services)

    ·  Retention of the contingency budget of £4m to mitigate underlying budget risks (paragraph 85 of the report).

     

    4.  That the current budget options proposed to help achieve a balanced 2020-21 budget (Appendices B to E of the report) be noted, including:

     

    ·  Efficiency savings of £5.672m;

    ·  Income generation of £2.376m;

    ·  Savings impacting on services of £0.420m;

    ·  Commitments and growth of £19.505m.

     

    5.  That it be noted that in order to ensure that the base budget is on a secure financial footing a number of commitments are proposed for 2020-21, including £7.332m for Children’s and Adult’s Services (paragraph 77 of the report).

     

    6.  That the updated budget gap for 2020-21 of £6.805m be noted, and that this budget gap would reduce by £2.267m if the council determined to increase council tax by 2% for the social care precept in line with government expectation.

     

    7.  That it be noted that the budget gap would reduce by a further £2.255m should the council decide to increase council tax by 1.99%, in line with the government threshold.

     

    8.  That the performance of the London Business Rates Pool arrangement in 2019-20 (paragraphs 61-66 of the report) be noted, and the unallocated London devolution Pool resources of £1.686m from 2018-19 and an estimated £4.8m for 2019-20.

     

    9.  That the allocation of £0.150m from the unallocated London Business Rates Devolution reserve to fund  ...  view the full minutes text for item 23.

24.

Ledbury Towers Arup Structural Survey Report

    To note the latest position with the Ledbury tower blocks, to agree that dispensation be sought from the GLA to allow all residents who took part in the vote on the options for the future of the Ledbury estate in 2018 to vote in any future ballot, and to agree that the existing right to return is extended until all the refurbished or new council homes on the site of the Ledbury tower blocks are let.

    Supporting documents:

    Minutes:

    The report had not been circulated five clear days in advance of the meeting. The chair agreed to accept the report as urgent as the Ledbury estate is an ongoing programme which requires a decision to be made in a timely fashion to enable further consultation with residents in good time to start any proposed works.

     

    RESOLVED:

     

    1.  That the latest position with the Ledbury tower blocks be noted, and that although this report refers to the option of replacing them with new council homes, the position of the council remains to refurbish the four towers unless residents vote otherwise.

     

    2.  That it be noted that the report on the revised costs of the refurbishment option has been received.

     

    3.  That dispensation be sought from the GLA to allow all residents who took part in the vote on the options for the future of the Ledbury estate in 2018 to vote in any future ballot that may follow from the reappraisal of options that is currently underway.

     

    4.  That the concerns of the Resident Project Group on rent levels for returning tenants in a new build option be noted. That it therefore be agreed that before future rents, service charges and any other council charges are agreed these will be considered by Cabinet in order to respond to these concerns.

     

    5.  That the existing right to return is extended until all the refurbished or new council homes on the site of the Ledbury tower blocks are let.

     

    6.  That it be noted that as agreed at the cabinet meeting on 29 October 2019, a response to the issues raised by the Ledbury Resident Project Group in their deputation has been circulated to all residents and former residents with a right to return through the Ledbury weekly newsletter.

25.

St. Thomas Street Social Regeneration Charter

26.

Walworth Community Development Support

27.

Elephant and Castle Underground Station and Bakerloo Line extension

    This item has been deferred until January 2020 cabinet meeting.

    Minutes:

    This item was deferred.

     

    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 Constitution.

     

    The following is a summary of the decisions taken in the closed part of the meeting.

28.

Minutes

Minutes:

The minutes of the closed section of the meeting held on 29 October 2019 were approved as a correct record and signed by the chair.

29.

Strategic Acquisition of Land Old Kent Road SE15

Minutes:

The cabinet considered the closed information relating to this item. Please see item 21 for the decision.