Agenda and minutes
PDF 116 KBVenue: Ground Floor Meeting Room G02C - 160 Tooley Street, London SE1 2QH
Contact: Paula Thornton Phone: 020 7525 4395 Email: paula.thornton@southwark.gov.uk
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Apologies
To receive any apologies for absence. Minutes: Apologies for absence were received from Councillors Jasmine Ali and Victoria Mills. |
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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 item:
Item 7: Deputation requests
Reasons for urgency and lateness will be specified in the relevant minute. |
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Notice of Intention to conduct business in a closed meeting, and any representations received
To note the items specified which will be considered in a closed meeting. Supporting documents: Minutes: No representations were received in respect of the item listed as closed business for the meeting. |
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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: None were declared. |
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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 18 July 2018. Minutes: Public question from Caterina Sartori
I have submitted two formal complaints about the interruptions to hot water and heating supplies on the Aylesbury Estate. One of them had 200 signatories. Other than to intentionally frustrate and neglect residents why has nobody responded to these written complaints?
Response by Councillor Stephanie Cryan, cabinet member for housing management and modernisation
Although a verbal response has been done to the complaint to Ms Sartori, due to an administrative error a full response was not done to the complaints and this has now been taken to stage 2 and a full response will be provided by 13 August at latest. This will include an apology for not correctly responding to the complaints at stage 1 as well as for the issues with the communal system. An immediate apology is offered for not following procedures correctly and any inconvenience involved.
There have been issues on the estate, mostly with boiler and associated plant and a cost report and plan of action is being prepared to advise on the most cost effective remedy, which may include additional planned preventative maintenance and/or major repairs. Calculations are also being undertaken to see where compensation is required and details of this will be provided as part of the stage 2 complaints response.
Supplemental question
Ms Sartori advised that she was requested to submit her complaint via the tenants and residents association; Taplow did not currently have a tenants and residents association.
Councillor Stephanie Cryan responded by apologising further and confirming that it was not necessary for her complaint to go via a tenants and residents association and that there was a set process for complaints. She invited Ms Satori to contact her if she experienced any further difficulties in respect of this matter.
Public question from Victoria Briden
Why did you sell a 125 year lease when the building has a shorter service life, and why am I being charged upwards of £17,000 in major works for a building that is due for demolition due to a shorter service life?
Response by Councillor Stephanie Cryan, cabinet member for housing management and modernisation
The Right to Buy legislation requires us to sell a property on a 125 year lease (unless our own legal interest is shorter). The council has no option but to sell under the Right to Buy and the requirements are laid down in the Housing Act. Once we know about a proposal to demolish, we issue demolition notices, which stays and then stops the RTB for a period of time – but this was not an option in 2003 when the lease was acquired because the intention at that time was to refurbish not demolish. The older a property, the more work may be required in order to maintain the building so the major works costs could increase as a building deteriorates over time. We carried out refurbishment works in Taplow including fire safety works in 2010-11 – the actual service charge for this was £1,667.89. We ... view the full minutes text for item 5. |
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Minutes
To approve as a correct record the minutes of the open section of the meeting held on 26 June 2018. Supporting documents: Minutes: RESOLVED:
That the minutes of the meeting held on 26 June 2018 be approved as a correct record and signed by the chair. |
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Deputation Requests
To consider any deputation requests. The deadline for the receipt of deputation requests is midnight Wednesday 18 July 2018. 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 the request had been received in line with the constitutional deadline for the receipt of deputation requests.
RESOLVED:
That the deputation be received.
Aylesbury Estate residents
The deputation spokesperson addressed the meeting to highlight their concerns in respect of what they felt were the displacement of local residents and the impact on their personal and mental health arising from the uncertainty. The residents demanded refurbishment rather than demolition in order to retain the diverse community.
The deputation also identified practical problems (including a lack of hot water) experienced by the residents.
Councillor Johnson Situ thanked the deputation and expressed a commitment to meet with local residents (with ward members also present). |
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Borough Emergency Plan 2018-19
To agree the annual review of the generic borough emergency plan. Supporting documents: Minutes: RESOLVED:
That the annual review of the generic borough emergency plan be agreed. |
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Aylesbury Estate: First Development Site (FDS)
To note the current position in relation to the delivery of the first development site at phase 1b/1c of the Aylesbury regeneration programme and to approve appropriation of land to planning purposes to facilitate the carrying out of the development proposals for the area. Supporting documents: Minutes: RESOLVED:
1. That the current position in relation to the delivery of the First Development Site at Phase 1b/1c of the Aylesbury regeneration programme be noted:
· Demolition of the vacant buildings within the site underway and well advanced · Compulsory Purchase Order (CPO) inquiry concluded with just one statutory objector remaining and a Secretary of State decision is expected in due course · A detailed tender process for a principal contractor for the first package of development works on the FDS is now underway.
2. That the area of council-owned land hatched black on the plan at Appendix 1 of the report be confirmed as no longer required for the purposes for which it is currently held and 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 (as amended), subject to compliance with the advertisement requirements of section 122(2A) of the Local Government Act 1972 be approved.
3. That following completion of the appropriation at recommendation 2 above, the area of council-owned land hatched black on the plan at Appendix 1 of the report be confirmed as no longer required for planning purposes and 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 (as amended), subject to compliance with the advertisement requirements of section 122(2A) of the Local Government Act 1972 be approved.
4. That the relevant cabinet members and ward councillors have regular meetings with Aylesbury estate residents on an ongoing basis. |
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Aylesbury Estate: Community Facilities at Plot 18 Delivery
To note the update report and progress towards obtaining vacant possession of the site and overall progress on the delivery of the project, and to approve the appropriation of land to planning purposes to facilitate the carrying out of the development proposals for the area. Supporting documents: Minutes: RESOLVED:
1. That it be noted on 31 October 2017 that cabinet resolved to make a compulsory purchase order (CPO) under section 226 (1)(a) of the Town & Country Planning Act 1990 for all land and rights within the area of land identified within the plan at Appendix 1 of the report.
2. That the content of the update report on progress towards obtaining vacant possession of the site be noted and in particular that:
· The council has updated its leaseholder assistance policy enabling qualifying residential leaseholders to purchase under improved shared equity or equity loan terms · All remaining owners have received further revised financial offers for the acquisition of their properties since the cabinet resolution to the use of CPO powers · Officers have met all remaining leaseholders jointly about the proposed acquisition of their homes · While officers will continue to engage with all remaining property owners to attempt to buy back those properties by agreement, the council will now proceed to make a compulsory purchase order.
3. That the overall progress on the delivery of the project also be noted:
· Major enabling works contract comprising a package of site clearance and remediation and utilities diversions and connections has been let and is on site, reducing the risk for the main development works package · A detailed tender process for a principal contractor for the main development works on Plot 18 is due to be commenced later this month.
5. That following completion of the appropriation at recommendation 4 above, the area of council-owned land hatched black on the plan at Appendix 2 of the report be confirmed as no longer 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 (as amended), subject to compliance with the advertisement requirements of section 122(2A) of the Local Government Act 1972 be approved. |
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Aylesbury Estate: Approved Premises Facility (APF) delivery
To note the content of the update report and progress towards obtaining vacant possession of the site and the overall progress on the delivery of the project. Supporting documents: Minutes: RESOLVED:
1. That it be noted that on 31 October 2017 cabinet resolved to make a compulsory purchase order under section 226 (1)(a) of the Town & Country Planning Act 1990 for all land and rights within the area of land identified within the plan at Appendix 1 of the report.
2. That the content of this update report on progress towards obtaining vacant possession of the site be noted and in particular that:
· The council has updated its leaseholder assistance policy enabling qualifying residential leaseholders to purchase under improved shared equity or equity loan terms · The council has completed the acquisition of one leasehold property · Terms have been agreed for the acquisition of one further leasehold interest underway · Just two third party interests in the site, one leasehold and one freehold, remain to be acquired · All remaining owners have received further revised financial offers for the acquisition of their properties since the cabinet resolution to the use of compulsory purchase order (CPO) powers · While officers will continue to engage with all remaining property owners to attempt to buy back those properties by agreement, the council will now proceed to make a compulsory purchase order.
3. That the overall progress on the delivery of the project be noted:
· A detailed tender process for a principal contractor for the construction of the new approved premises facility (APF) has been completed and a preferred contractor has now been appointed · The main construction contract has now been entered into and practical completion of the new APF is programmed for Spring 2020. |
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Revenue Monitoring Report and Treasury Management 2017-18 Outturn Report
To note the general fund outturn position for 2017-18 and the key adverse variations and budget pressures underlying the outturn position.
To approve and note general fund budget movements. Supporting documents: Minutes: RESOLVED:
1. That the general fund outturn position for 2017-18 (Table 1 of the report) be noted.
2. That the key adverse variations and budget pressures underlying the outturn position be noted:
· The continuing pressures on children’s and adults’ social care leading to an overall adverse variance of £2.258m (paragraphs 23 to 27 of the report) · The dedicated schools grant (DSG) outturn position of a £4.111m deficit and the significant pressures on the high needs budgets (paragraphs 29 to 30 of the report) · the budget pressures on temporary accommodation (paragraphs 34 to 38 of the report) · the budget pressures on No Recourse to Public Funds (paragraph 39 of the report).
3. That the variations helping to relieve the outturn position be noted:
· The favourable budget variance on strategic finance (paragraphs 51 to 53 of the report) · The largely planned favourable position on finance and governance budgets (paragraphs 49 to 50 of the report) · utilisation of £4m contingency (paragraph 54 of the report) to offset adverse variances across the council · planned use of earmarked reserves of £3.700m to support the general fund budget.
4. That the following in respect of ring-fenced budgets be noted:
· housing revenue account outturn for 2017-18 (Table 2, paragraphs 55 to 65 of the report) · the dedicated schools outturn and utilisation of £5.360m reserves (paragraphs 29 to 30 of the report).
5. That the detailed utilisation of reserves in 2017-18 and closing reserve balances as set out in the report (paragraphs 66 to 71 of the report) be noted.
6. That the treasury management activity in 2017-18 (paragraphs 80 to 89 of the report) be noted.
7. That the general fund budget movements that exceed £250,000 as shown in Appendix A of the report be approved.
8. That cabinet general fund budget movements that are less than £250,000 as shown in Appendix A of the report be noted.
9. That the outturn position implications for the 2018-19 budgets and beyond set out in paragraphs 78 to 80 of the report) be noted. |
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Outturn Capital Monitoring for 2017-18 and Capital Programme Refresh for 2018-19 to 2026-27
To note that a ten-year capital strategy and capital programme will be presented to council assembly in quarter 1, 2019.
To approve the virements and variations to the general fund and housing investment capital programme and the inclusion in the programme of the capital bids. Supporting documents: Minutes: RESOLVED:
1. That it be noted that a refresh of the ten-year capital strategy and capital programme will be presented to council assembly in quarter 1 2019, following cabinet approval.
2. That the virements and variations to the general fund and housing investment capital programme as detailed in Appendix C of the report be approved.
3. That the inclusion in the programme of the capital bids set out in Appendix E of the report be approved.
4. That the outturn and resources for 2017-18 and future years for both the general fund and housing investment programmes as detailed in Appendices A, B and D of the report be noted.
5. That the resulting general fund capital programme for the period 2017-18 to 2026-27 as at year-end, as detailed in Appendices A and D of the report be noted.
6. That the substantial funding requirement of £264m for future years which needs to be identified for the general fund programme in order for this to be fully delivered, as summarised in Appendix A of the report be noted.
7. That the resulting housing investment programme for the period 2017-18 to 2026-27, as detailed in Appendix B of the report be noted.
8. That the significant funding requirement of £308m which needs to be identified for the housing investment programme to be fully delivered over the remaining term of the programme, as detailed in Appendix B of the report be noted. |
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Southwark Conversation - Additional Analyses and Dissemination
To consider and agree the key findings from the additional analyses of the Southwark Conversation. Supporting documents: Minutes: RESOLVED:
1. That the key findings from the additional analyses of the Southwark Conversation, as set out in the report at Appendices 1 and 2 of the report were considered and noted.
2. That the key findings of the Southwark Conversation be considered in the development of the social regeneration framework.
3. That the role of the Southwark Conversation in shaping the draft council plan be welcomed, and that officers use its findings to shape the council plan’s performance schedules and monitor its implementation.
4. That the Southwark Conversation findings be disseminated more widely and shared across the council and with partners to help inform further policy developments. |
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Gateway 0 - Strategic Options Assessment for 2019 + Highways Services Delivery Options and Contract Procurement Strategy
To approve the recommended strategic delivery option to bring essential services such as highway safety inspections and the routine and reactive gully emptying service under the direct control of the council. Supporting documents: Minutes: RESOLVED:
1. That it be noted that the current highways and professional services (HAPS) contract ends between March 2019 and March 2021 providing the council with an opportunity to review the way in which those services are delivered.
2. That the recommended strategic delivery option (paragraphs 24 and 25 of the report) to bring essential services such as highway safety inspections and the routine and reactive gully emptying service under the direct control of the council and to enhance the in-house design and project management team within the highway division be approved.
3. That it be noted that a gateway 1 report will be prepared for the purpose of obtaining approval of the procurement strategy for the remaining out-sourced works and services based on the cabinet’s decision. |
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Proposal to Establish Specialist SEND Education Provision for Children and Young People with Learning Disabilities, aged 16-25 at Bishops House
To begin preparatory work to facilitate in-borough 16+ provision for pupils with complex special educational needs and disability (SEND) and to note that Spa Special School will establish a specialist SEND education provision for children and young people with learning disabilities aged 16-24 at Bishops House. Supporting documents: Minutes: RESOLVED:
1. That further to priority 5 of the special educational needs and disabilities (SEND) capital strategy, preparatory work is to begin to facilitate in-borough 16+ provision for pupils with complex SEND.
2. That the establishment of a specialist SEND education provision by Spa School for children and young people with learning disabilities aged 16-25 at Bishops House be noted.
3. That the first tranche of the SEND capital fund allocation be made available to Spa School to make premises secure and fit for purpose for students to start in 2018-19. |
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Gateway 1 - Procurement Strategy approval - Local Community Offer (VCS Hubs)
To approve the procurement strategy to undertake a competitive tender for the provision of a local community offer (VCS – voluntary community sector hubs). Supporting documents: Minutes: RESOLVED:
That the procurement strategy outlined in the report to undertake a competitive tender for the provision of a local community offer (VCS - Voluntary Community Sector Hubs) with an estimated annual value of £1,500,000, for a period of 3 years from 2 December 2019, with the option to extend for a further two years, making an estimated cost of £7,500,000 over the total life of the contract inclusive of extensions be approved. |
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Amendment to Senior Management Arrangements
To agree the creation of a temporary post of strategic director of place and wellbeing for the period 1 September 2018 to 30 September 2020. Supporting documents: Minutes: Sue Plain, Southwark Unison addressed cabinet to request that before the proposals are implemented that officers consider and work through the ramifications for affected staff, in line with council’s policies and procedures. This reassurance was given.
RESOLVED:
1. That the creation of a temporary post of strategic director place and wellbeing for the period 1 September 2018 to 30 September 2020 be agreed. This post incorporates the council’s statutory director of public health role.
2. That it be recommended to council assembly that the allocation of responsibility of the statutory director of public health be designated to the strategic director place and wellbeing; and that part 21, “statutory officers list”, of the council’s constitution be amended accordingly.
3. That it be noted that all chief officer posts are contractually inter-changeable; therefore placement of function and post-holders is otherwise delegated to the head of paid service in accordance with the council’s policy and procedures. |
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Appointments to Outside Bodies 2018-19 - Board of Lewisham Southwark College Corporation
To approve a nomination to the Board of Lewisham Southwark College Corporation 2018-19. Supporting documents: Minutes: RESOLVED:
That the Councillor Kieron Williams, cabinet member for job, skills and innovation be nominated as Southwark Council’s representative on the Board of Lewisham Southwark College Corporation for the 2018-19 municipal year. |
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Disposal of Council's Freehold Interest in former car pound, Mandela Way, SE1
To seek approval to sell the freehold interest in land at Mandela Way to the long leaseholder owner of the site Firmdale Hotels for mainly residential development, subject to planning permission being obtained. Supporting documents: Minutes: RESOLVED:
That in accordance with the terms set out in the closed cabinet report:
1. The freehold interest in land at Mandela Way (as shown outlined in black in Appendix 1 of the report) be sold to the long leasehold owner of the site Firmdale Hotels for mainly residential development subject to planning permission being obtained.
2. The director of regeneration be authorised to negotiate the sale and development agreement with Firmdale Hotels and place a covenant on the site which binds successors in title to an affordable housing requirement. |
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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. |
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Minutes
Minutes: The minutes of the closed section of the meeting held on 26 June 2018 were approved as a correct record and signed by the chair. |
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Disposal of Council's Freehold Interest in former car pound, Mandela Way, SE1
Minutes: The cabinet considered the closed information relating to this item. Please see item 20 for the decision. |