Agenda and minutes

Cabinet - Wednesday 7 July 2010 7.00 pm

Items
No. Item

1.

Apologies

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    To receive any apologies for absence.

    Minutes:

    There were no apologies for absence.

2.

Notification of any other 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 would be considered for reasons of urgency, to be specified in the relevant minute:

     

    Item 8 – Elephant and Castle – Provision of a New Leisure Facility

    Item 9 – Elephant and Castle – Regeneration Agreement and Disposal o Associated Land

3.

Disclosure of Interests and Dispensations

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

    Minutes:

    Councillor Peter John declared a personal prejudicial interest in item 6, Gateway 1 – Procurement Strategy Approval – Southwark and Lambeth Barristers Framework.

4.

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:

    There were no public questions.

5.

Minutes

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    To approve as a correct record the minutes of the open section of the meeting held on 15 June 2010.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the open minutes of the meeting held on 15 June 2010 be approved as a correct record and signed by the Chair.

6.

Gateway 1 - Procurement Strategy Approval - Southwark and Lambeth Barristers Framework

    To approve the procurement strategy for an inter borough barristers framework arrangement serving Southwark and Lambeth over a period of 4 years.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1  That the procurement strategy outlined in the report for an inter borough Barristers framework arrangement serving Southwark and Lambeth extending over a period of 4 years be approved.

     

    2  That the leader of the council delegate approval to the cabinet member for finance and resources or the strategic director of communities, law and governance, which ever is the most expedient, to award the framework contract for the reasons set out in paragraph 11 of the report.

     

    3  That approval be given to there being a reserve position for the development of a unilateral, ‘Southwark only’ framework in the unlikely event that the partnership with Lambeth Council does not proceed as envisaged.

7.

Canada Water Retail Option

    To approve the completion of a 250 year lease of retail units in phase B2 of the Canada Water development, located on the plan attached to the report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1  That approval be given to the completion of a 250 year lease of the retail units in phase B2 of the Canada Water development, located as shown on the plan attached to the report (plan 1) and authority be delegated to the chief executive to negotiate the option price and final form of lease provided that they represent best consideration.  If the final option price is more than 5% higher than the estimated price stated in the closed report then the decision on whether to proceed be delegated to the leader of the council.

     

    2  That it be noted that a further feasibility will be prepared in due course to consider the option to purchase the long lease of the retail units in phase A3 of the Canada Water Development and that an appropriate allowance will be put into the capital programme for financial year 2012/2013.

8.

Elephant and Castle - Provision of a New Leisure Facility

    To agree to adopt the current leisure centre site at Elephant and Castle as the preferred location for new leisure facilities.

    Supporting documents:

    Minutes:

    This item had not been circulated 5 clear days in advance of the meeting.  The chair agreed to accept the item for reasons of urgency as it was considered important that the cabinet consider options for the provision of leisure facilities at the Elephant and Castle on the same agenda as the Elephant and Castle regeneration agreement as some plots originally considered as potential sites for leisure facilities are within the boundary of the Heygate Estate. Any decision to reconsider those sites could therefore have had a bearing on the regeneration agreement report.

     

    The cabinet considered and agreed a recommendation from overview and scrutiny committee in respect of this item.  This is reflected in decision 3 below.

     

    RESOLVED:

     

    1  That the current leisure centre site at Elephant and Castle be adopted as the preferred location for new leisure facilities, and the broad configuration of land uses on the site as shown on the plan at Appendix A of the report i.e. residential at the east of the site and leisure at the west be supported. 

     

    2  That the principle that the receipt generated from the sale of the residential component at the front of the site is intended to be reinvested to deliver the leisure facility at the rear be agreed.

     

    3  That officers be instructed to agree a consultation plan with the cabinet member for regeneration and corporate strategy for a short consultation process to establish what leisure facilities local people want to see and this consultation include the provision of a swimming pool and views be sought on the type of pool and any other preferred facilities.

     

    4  That officers be instructed to report back to cabinet by November 2010 with the results of the consultation and proposals for a full project mandate for a new leisure facility at the Elephant and Castle.  The report should address potential funding streams, partners, interim arrangements for leisure provision, revenue/capital cost implications and explore delivery options.

9.

Elephant and Castle - Regeneration Agreement and Disposal of Associated Land

    To agree to the terms of the regeneration agreement with Lend Lease (Elephant and Castle) Ltd for the regeneration of the Elephant and Castle and approve the disposal of housing land at the Heygate Estate on terms outlined in the regeneration agreement.

    Supporting documents:

    Minutes:

    This item had not been circulated 5 clear days in advance of the meeting.  The chair agreed to accept the item for reasons of urgency as the agreed timetable between the council and Lend Lease expired at the end July 2010.  A decision at this meeting allowed sufficient time for the appropriate ‘call-in’ procedures including any reconsideration by cabinet if necessary and any further redrafting of the regeneration agreement. 

     

    The cabinet considered a recommendation from overview and scrutiny committee with regard to the cabinet assuring itself that the council can satisfy the District Auditor that it has achieved the best consideration for disposal of its land at the Heygate Estate and that the terms of disposal sufficiently met those of the developer’s best and final offer.  The cabinet took officer advice on these points.

     

    RESOLVED:

     

    1  That the terms of the regeneration agreement with Lend Lease (Elephant and Castle) Ltd for the regeneration of the Elephant & Castle as outlined in the report be agreed.

     

    2  That approval be given for the disposal of housing land at the Heygate Estate, shown edged in red on the plan at Appendix 1 (“the Land”), to Lend Lease on the terms outlined in the regeneration agreement by way of 999 year leases for premiums plus overage if applicable as set out in the closed report subject to:

     

    ·  The Council obtaining confirmation from the Secretary of State for the Department for Communities and Local Government (“CLG”) that specific consent to the transfer of housing Land will not be necessary; or,

     

    ·  Council assembly’s approval of an application to CLG for consent to the disposal of housing Land at less than best consideration and that consent being obtained; and,

     

    ·  Other conditions precedent being met.

     

    3  That council assembly be recommended to approve an application to CLG for consent to transfer the Land if such consent is necessary.

     

    4  That the minimum level of affordable housing to be delivered as part of the scheme be 25% as set out in the Minimum Development Requirements.

     

    5  That officers report back to a future meeting to seek further instruction on the compulsory purchase of the site, underwritten by Lend Lease, in the event that negotiations to bring forward the development of the shopping centre site are unsuccessful.

10.

Minutes

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    To approve as a correct record the minutes of the closed section of the meeting held on 15 June 2010.

     

    Supporting documents:

    Minutes:

    The closed minutes of the meeting held on 15 June 2010 were agreed as a correct record.

11.

Canada Water Retail Options

Minutes:

The cabinet considered the closed information relating to the Canada Water Retail Options report.  See item 7 for decision.

12.

Elephant and Castle - Regeneration Agreement and Disposal of Associated Land

Minutes:

The cabinet considered the closed information relating to the Elephant and Castle regeneration agreement and disposal of associated land.  See item 9 for decision.