Agenda and minutes

Cabinet - Tuesday 7 December 2021 11.00 am

Venue: Ground floor meeting rooms, 160 Tooley Street, London SE1 2QH

Contact: Paula Thornton and Virginia Wynn-Jones  Phone Email:  paula.thornton@southwark.gov.uk;  virginia.wynn-jones@southwark.gov.uk

Note: This meeting will be livestreamed to the Council's YouTube channel at - https://www.youtube.com/watch?v=TmAOriIThGk 

Items
No. Item

1.

Apologies

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    To receive any apologies for absence.

    Minutes:

    All members were present.

2.

Notification of any 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 of the following late items:

     

    Item 7:  Deputation requests

    Item 11:  Council Tax Base 2022-23

    Item 12:  Policy and Resources Strategy 2022-23 to 2024-25 update

     

    Reasons for urgency and lateness will specified in the relevant minutes.

3.

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

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    To note the items specified which will be considered in a closed meeting.

    Supporting documents:

    Minutes:

    There were none.

4.

Disclosure of Interests and Dispensations

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

    Minutes:

    There were none.

5.

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. The deadline for the receipt of public questions is midnight Wednesday 1 December 2021.

    Minutes:

    There were none.

6.

Minutes

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    To approve as a correct record the minutes of the open section of the meeting held on 19 October 2021.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the minutes of the meeting held on 19 October 2021 be approved as a correct record and signed by the chair.

7.

Deputation Requests

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    To consider any deputation requests. The deadline for the receipt of a deputation request was midnight Wednesday 1 December 2021.

    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 (the requests had been received in line with the council’s constitutional deadline for the receipt of deputation requests).

     

    RESOLVED:

     

    1.  That the following deputation requests be heard:

     

    ·  Southwark Group of Tenants Organisations (SGTO)

    ·  Traders and representatives at Elephant and Castle

    ·  Age Speaks.

     

    2.  A representative of each the above deputations addressed cabinet for five minutes and questions were asked of each deputation for a period of five minutes.

8.

Gateway 1 - Procurement Strategy Approval: All-Age Community Drug and Alcohol Early Intervention, Prevention, Recovery and Treatment System

    To approve a public contract regulations (PCR) 2015 competitive procurement process for a community illicit drug and alcohol early intervention, prevention, recovery and treatment system for residents of all age.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That a public contract regulations (PCR) 2015 competitive procurement process for a community illicit drug and alcohol early intervention, prevention, recovery and treatment system for residents of all ages, with a total maximum annual contract value of up to £3,957,084 for an initial period of 3 years from 1 December 2022, with the option to extend for a period or further periods of up to 9 years in increments with break clauses at the council’s sole discretion, making a total maximum contract value of up to £47,485,008 over a maximum 12 year term be approved.

     

    2.  That gateway (GW) 2 contract award decision be delegated to the strategic director of environment and leisure, in consultation with the cabinet member for health and wellbeing.

     

    3.  That the inclusion of the Rough Sleeping Drug and Alcohol Treatment Grant (RSDATG) project be noted, that is hosted within the adult integrated drug and alcohol treatment system (AIDATS) contract, as a requirement of contractual delivery until funding expires at a current future date to to be confirmed, which constitutes a funding award of £93,823, in addition to the funding detailed in recommendation one, for a period of four months between 1 December 2022 and 31 March 2023.

     

    4.  That the potential implications for the proposed contract in relation to ‘Section 31 local authority grant for additional drug treatment crime and harm reduction activity in 2021-22 funding, as outlined in paragraph 19 of the report be noted.

9.

Adoption of the Southwark Plan 2022

    To agree the Southwark Plan 2022 for adoption by council assembly.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the Southwark Plan 2022 at Appendix A of the report be agreed for adoption by council assembly.

     

    2.  That the rescission of the Southwark Plan 2007, the Core Strategy 2011, the Aylesbury Area Action Plan (2010), the Peckham and Nunhead Area Action Plan (2014) and the Canada Water Area Action Plan (2015) by council assembly upon adoption of the Southwark Plan 2022 by Council Assembly be agreed.

     

    3.  That the Inspector’s Report to the New Southwark Plan at Appendix B of the report and the Main Modifications (and appendices) at Appendix C of the report be noted.

     

    4.  That the consultation report on the main modifications provided at Appendix D of the report be noted.

     

    5.  That the the Integrated Impact Assessment (Appendix E of the report), Equalities Impact Assessment (Appendix F of the report) and Habitats Regulations Assessment (Appendix G of the report) which support the adoption of the plan be noted.

10.

Statement of Community Involvement and Development Consultation Charter

11.

Council Tax Base 2022-23

    To approve the schedule of discounts and exemptions and agree the council tax base for 2022-23.

    Supporting documents:

    Minutes:

    It was not possible to circulate this report five clear days in advance of the meeting. The chair agreed to accept this item as urgent because the decision on the council tax base calculation for 2022-23 must be made between 1 December 2021 and 31 January 2022. The figure is used for revenue budget setting purposes and has historically been reported to members at the December cabinet.

     

    RESOLVED:

     

    1.  That the council tax base for 2022-23 is set at 107,267 (105,678 in 2021-22) band D equivalent dwellings (Appendix A of the report) be agreed.

     

    2.  That the schedule of discounts and exemptions in paragraph 12 of the report be approved, which remains unchanged and will continue to be effective for 2022-23 from 1 April 2022. This is including the premium applicable for long-term empty dwellings (empty at least 10 years).

     

    3.  That it be agreed that the assumed council tax collection level for 2022-23 should remain at 97.20% (2021-22 97.20%) noting the risks outlined in paragraphs 23, 24 and 25 of the report.

     

    4.  That it be noted that the 2022-23 council tax base for St. Mary Newington parish is set at 12,262 (11,896 in 2021-22) band D equivalent dwellings.

     

    5.  That it be noted that the 2022-23 council tax base for St. Saviour’s parish is set at 1,229 (1,246 in 2021-22) band D equivalent dwellings.

     

    6.  That the following be noted:

     

    ·  no changes to the council tax reduction scheme for 2022-23, as set out in paragraphs 19 to 22 of the report

     

    ·  any minor and consequential amendments to the council tax reduction scheme (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 2022-23 showing the national non-domestic rates base will be approved by the strategic director of finance and governance in January 2022.

     

    8.  That the proposed continuation of the current council tax section 13a (1)(c) policy covering discretionary relief terms (refer to paragraph 17-18 of the report) be noted:

     

    ·  to continue 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 2022 to 31 March 2023

     

    ·  to continue foster carers discretionary relief (0% to 100%), for the period 1 April 2022 to 31 March 2023.

12.

Policy and Resources Strategy 2022-23 to 2024-25 update

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

    Supporting documents:

    Minutes:

    It was not possible to circulate this report five clear days in advance of the meeting. The chair agreed to consider this item urgently because the council was committed to publishing budget proposals at the earliest possible opportunity to ensure they were available to the public for comments and questions. Presenting the report to cabinet on 7 December 2021 gives the opportunity for debate prior to presentation of budget figures to cabinet on 18 January 2022. 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 January 2022.

     

    RESOLVED:

     

    1.  That the outcome of the Spending Review delivered on the 27 October and that the provisional local government finance settlement is due to be published in December 2021 be noted (paragraphs 20-22 of the report).

     

    2.  That the intention is to prepare a balanced one year 2022-23 budget for approval by cabinet in advance of council assembly in February 2022 be noted.

     

    3.  That the budget proposals for 2022-23 contained within the report be noted which include:

     

    ·  Estimated general grant resources of £162.806m, a headline increase of £10.288m on 2021-22 but with no detail yet on the new burdens this will cover, and significantly offset by reductions in other grant funding

    ·  Other grant income of £71.698m, a reduction of £5.524m on 2021-22 largely as a result of the winding-down of the New Homes Bonus scheme

    ·  Estimated retained business rates income of £17.042m, a decrease of £1.894m from 2021-22

    ·  Estimated council tax revenues of £128.548m, including a council tax increase of 2.99% (1% adult social care precept and 1.99% general increase)

    ·  A forecast deficit on the collection fund in 2021-22 of £3.079m after allowing for spreading adjustments – this will be offset by government funding set aside for this purpose

    ·  Pay provision and contractual inflation of £6.9m. 

     

    4.  That the draft updated Fairer Futures Budget Principles at Appendix G of the report be noted.

     

    5.  That it be noted that the Greater London Authority (GLA) is expected to increase its council tax precept and that given current circumstances, including Transport for London (TFL) finances, this increase could be significant.

     

    6.  That it be noted that the GLA council tax precept is due to be set on the 24 February, one day after council assembly sets the budget for Southwark, therefore a council tax setting committee will need to be convened.

     

    7.  That the current budget options proposed to help achieve a balanced 2021-23 budget (Appendices B to E of the report) be noted including:

    ·  Efficiency savings of £6.962m

    ·  Net income increase of £4.831m

    ·  Savings impacting on services of £3.815m

    ·  Commitments and growth of £17.677m.

     

    8.  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 2022-23, including £6m for temporary accommodation.

     

    9.  That the updated budget gap for 2022-23 of £6.029m be noted.

     

    10.  That the draft  ...  view the full minutes text for item 12.

13.

Housing Revenue Account - Indicative Rent Setting and Budget Report 2022-23

14.

Gateway 1 - Procurement Strategy for the Borough's Tree Works Programme

    To note the retention of the in-house tree maintenance team and proposals to combine it with the in-house client team, to form a single, cohesive and comprehensive in-house team to manage the Borough’s significant tree stock and to approve a competitive tender process to establish tree maintenance contract(s) to support in-house provision.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the retention of the in-house tree maintenance team and proposals to combine it with the in-house client team, to form a single, cohesive and comprehensive in-house team to manage the Borough’s significant tree stock be agreed.

     

    2.  That a competitive tender process to formalise current externalised works delivery by putting in place longer term tree maintenance contract(s) to support in-house provision be approved.  The procurement process will seek up to three providers for a period of four years from October 2022, with an option to extend for an additional period of up to two years, at an annual estimated value of £1.5m, with an estimated maximum total contract cost of up to £9m (with extensions), recognising that final costs will only be determined following the completion of the tender process.

     

    3.  That the establishment of an additional framework agreement for tree maintenance for a period of four years that will be open for use by all London boroughs from October 2022, subject to business need, as further detailed in paragraphs 62 and 63 of the report be approved. 

     

    4.  That tree planting arrangements (as outlined in paragraph 43 of the report) to deliver the tree planting programme whilst noting that other delivery methods that optimise the capital resource allocated will be explored including direct employment and working with community interest companies be approved, in conjunction with the formal processes for community engagement and stakeholder cooperation as set out in paragraph 105 of the report. 

15.

Homecare Annual Review Report 2021

16.

School Standards Report 2021

17.

Variation of Development Partnership Agreement

18.

Tustin Estate Low Rise Redevelopment Programme: Update and Phase 1 Compulsory Purchase Order (CPO)

    To note the current position in relation to the delivery of new homes at Phase 1 of the Tustin Estate investment programme.

    Supporting documents:

    Minutes:

    Tustin Community Association provided comments in respect of this item which were read out to the meeting.

     

    RESOLVED:

     

    1.  That the current position in relation to the delivery of new homes at Phase 1 of the Tustin Estate investment programme be noted:

    ·  Cabinet approved the funding package for the delivery of the Tustin Estate Low Rise Redevelopment Programme in July 2021

    ·  A design team led by DRMM have been appointed

    ·  A pre-construction services agreement with BY Group has been agreed

    ·  The council has successfully rehoused 6 households in Hillbeck Close on  secure tenancies 

    ·  Only one household remains in Ullswater

    ·  The council is continuing to negotiate with all 5 remaining leaseholders within Hillbeck Close with the intention to acquire these remaining interests by agreement. 

     

    2.  That it be resolved to make a Compulsory Purchase Order (CPO) under Section 226 (1)(a) of the Town & Country Planning Act 1990 (“the 1990 Act”) for all land and rights within the Phase 1 area of land identified within the plan at Appendix 1 of the report for the purposes of facilitating the redevelopment, development and improvement of the land and securing the delivery of new homes  on the site in line with the proposed planning consent (“the Scheme”) and thereby securing the regeneration of the Tustin Estate.

     

    3.  That the director of planning and growth, in consultation with the director of housing, be authorised on behalf of the council to :

    ·  Take all necessary steps to secure the making, confirmation and implementation of the CPO, including the publication and service of all notices and the presentation of the council’s case at public inquiry should one be called

    ·  Acquire for planning purposes all interests in land and new rights within the CPO area as may be necessary to facilitate the Scheme, either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of the land interests and/or for new rights over their land (as appropriate), the payment of compensation and dealing with any blight notices served in connection with the CPO

    ·  Approve agreements with land owners setting out the terms for the withdrawal of objections to the CPO, including where appropriate seeking the exclusion of land or new rights from the CPO or giving undertakings as to the enforcement of the terms of the CPO

    ·  Make any minor additions, deletions or amendments to the extent of the land to be included in the CPO as shown in Appendix 1 should the need arise, so as to include all interests in land and rights required to facilitate the construction, maintenance and use of the Scheme

    ·  Take all necessary actions in relation to any legal proceedings relating to the CPO, including defending or settling (as appropriate) any compensation claims referred to the Lands Chamber of the Upper Tribunal due to the making or implementation of the CPO, and to take all necessary steps in respect of any other legal proceedings that relate to the making, confirmation or implementation of the CPO

    ·  Appoint and/or  ...  view the full minutes text for item 18.

19.

Ledbury Estate Towers - Future redevelopment update

    To approve a variation to the housing investment programme for funding to enter into a works contract following approval of a contractor appointment and  for funding of on costs required to take the project to practical completion

     

    To note project progress since the July cabinet paper along with progress of related processes.

    Supporting documents:

    Minutes:

    Councillor Stephanie Cryan, cabinet member for council homes and homelessness read a statement from the Ledbury Residents Project Working group in respect of the report.

     

    RESOLVED:

     

    1.  That a variation to the housing investment programme for funding of £149.58 million to enter into a works contract following approval of a contractor appointment be approved.

     

    2.  That a variation to the housing investment programme for funding of £19.16 million of on costs required to take the project to practical completion be approved.

     

    3.  That the project progress since the July cabinet paper along with progress of related processes be noted.

     

    4.  That the ongoing engagement with the local community be noted and all residents, and in particular the Resident Project Group, be thanked for their contribution.

     

    5.  That the intention to deliver a greater number of council rent homes as part of sub-phase 2 of the redevelopment be noted.

     

    6.  That the delivery programme, financial implications and associated risks of the project be noted.

     

    7.  That approval and appointment of a contractor will be carried out via the council’s constitutional process of gateway 2 process in summer 2022 to enable commencement of works by September 2022 be noted. 

     

    8.  That the procurement update be noted.

20.

Proposal to establish 'Southwark Construction' to build the homes and develop the skills our borough needs

21.

Impact of the Building Safety Bill

    To note the impact of new and emerging legislation - most notably, the Fire Safety Act and the Building Safety Bill and agree related recommendations.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the impact of new and emerging legislation - most notably, the Fire Safety Act and the Building Safety Bill be noted.

     

    2.  That it be noted that the Building Safety Programme is underway, allowing the council to respond to the new and emerging legislation.

     

    3.  That the creation of a new assistant director role for building safety, at either grade 17 or grade 18, subject to evaluation be approved. This will allow for the necessary senior strategic leadership to take the programme forward, as set out in paragraph 90 of the report.

22.

Barnwell House, St Giles Road, Camberwell, London SE5 7RP - Disposal of Freehold Interest

    To agree terms to dispose of the council’s freehold interest in Barnwell House, St Giles Road, Camberwell, London SE5 7RP to Peabody.

    Minutes:

    This item was deferred.

23.

Youth New Deal Progress Update

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    To note the progress made in delivering the Youth New Deal.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the progress made in delivering the Youth New Deal be noted, in summary:

     

    a)  The setting up of cross departmental governance for the Youth New Deal programme delivery

    b)  The launch of a new Youth Parliament made up of 43 young people and their priority areas for the year: Mental health, Knife Crime, Black Lives Matters and Disability Inclusion

    c)  Delivery of “Summer of Play” a summer programme of activities attended by over 380 children and young people

    d)  The launch of a new Positive Futures for Young People’s Fund

    e)  The appointment of a provider to develop a new digital hub

    f)  The completion of a youth review of facilities in the Brandon Estate

    g)  The progress made on developing a Sure Start for Teenagers service

    h)  The expansion of The Nest, a mental health support service for young people

    i)  The progress made on pathways into employment and enterprise for young people

    j)  The collaboration with the arts and creative sector in order to broaden the scope of activities and opportunities available to young people.

    k)  Work undertaken to look into the feasibility of a new, state of the art youth facility in Southwark.

24.

Approval of Transport for London (TfL) funding grant submission for 2022-23

    To agree the content of the council’s proposed local implementation plan (LIP) submission to Transport for London (TfL) that identifies transport projects to be delivered using this funding in 2022-23 and that this be submitted to TfL.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Decision of the Cabinet

     

    1.  That the content of the council’s proposed Local Implementation Plan (LIP) submission to Transport for London (TfL) that identifies transport projects to be delivered using this funding in 2022-23 in Appendix A of the report and that this be submitted to TfL be agreed.

     

    Decisions of the Leader of the Council

     

    2.  That authority be delegated to the cabinet member for transport, parks and sport to amend the programme for 2022-23 should any variations to the proposed programme be required.

     

    3.  That authority be delegated to the cabinet member for environment, transport management and the climate emergency to determine the most appropriate use of the £100k discretionary funding allocated by TfL for 2022-23.

25.

Response to the environment scrutiny commission - air quality (part 2)

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    To consider the responses to the recommendations in respect of the scrutiny commission report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That an update on officers’ responses to environment scrutiny commission’s report ‘Air Quality scrutiny review report- part two’ dated April 2021 be received for information, further to the report considered at cabinet September 2021.

26.

Response to the Environment and Scrutiny Commission - Mental Health Inequalities of Black, Asian and Minority Ethnic Children and Young People

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    To consider the responses to the recommendations in respect of the scrutiny commission report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the response to the health and social care scrutiny commission - mental health inequalities of Black, Asian and Minority Ethnic children and young people, be noted.

     

    2.  That delivery of the recommendations be linked to priorities within the Southwark Joint Health and Wellbeing Strategy, which is currently being refreshed.

     

    3.  That progress against the recommendations be presented at a future cabinet meeting in 6 months.

27.

Response to the environment and scrutiny commission - environment and planning

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    To consider the responses to the recommendations in respect of the scrutiny commission report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the officer response to the eight recommendations made in the ‘Planning and Environment Review Report’ (July 2021) that was prepared by Southwark Council’s environment scrutiny commission and heard at the September 2021 cabinet meeting be noted. 

28.

Response to the housing and community engagement scrutiny commission: estate cleaning services and anti-social behaviour to Southwark Estates

29.

Response to the housing and community engagement scrutiny commission - review of community hubs

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    To consider the responses to the recommendations in respect of the scrutiny commission report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That the response to recommendations set out in the report of the housing and community engagement scrutiny commission (September 2021) be agreed.

30.

Motions from Council Assembly

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    To consider motions referred from council assembly.

    Supporting documents:

    Minutes:

    Councillor Kieron Williams, Leader of the Council confirmed a commitment by cabinet to ensure delivery and action to the points set out in the motions.

     

    RESOLVED:

     

    The Southwark Youth New Deal

     

    That the motion referred from council assembly as a recommendation to cabinet, set out below be agreed.

     

    1.  Council Assembly notes:

     

    a.  That under this Labour administration, Southwark is committed to working with young people to deliver the best possible services through a £15 million youth investment. This investment is geared towards improving all outcomes for young people including their health, wellbeing, social, education and employment opportunities. This includes three council managed youth centres and 29 organisations that deliver youth activities in great spaces across the borough, including the reopening and refurbishment of spaces like the Blue Youth Club.

     

    b.  The council has won an international award for its ethnographic engagement of young people in the design of its services.  Young people are currently working with urban creatives We Made That to film spaces on the Brandon which will bring about a youth-led transformation of relevant spaces.

     

    c.  The new Youth Parliament selection is underway – with every secondary school, special education school, pupil referral unit, college, and youth centre currently engaged in canvassing and voting so that the new Youth Parliament can sit in the autumn.

     

    d.  This Labour administration has revolutionised young people’s mental health services. Southwark is now a beacon of mental health support by delivering its commitment to support 100% of children and young people with mental health needs, through its launch of the free open access mental health drop in The Nest and the £2m investment in schools for mental health prevention.

     

    e.  The council has delivered on training and employment for its young residents whilst the government’s implementation of Kickstart made it difficult for employers to navigate, and challenging for young people to participate. Since July 2019, Southwark Works has supported 570 young people; helping 104 of them into secure and good quality jobs and apprenticeships, and 142 into other outcomes including training and work experience. A further 114 young people have been supported into well-paid internships.

     

    f.  Under this Labour administration, Southwark is committed to great outcomes for its young people, with no young person left behind. 199 young people who were previously not in education, training or employment have received training through the Southwark Construction Skills Centre, and a further 961 Southwark school children are engaged with the programme.

     

    g.  Southwark’s Special Educational Needs and Disability (SEND) Services include great education and post sixteen offers for our young people. We are exemplars, with other local authorities turning to Southwark for guidance on their SEND services. Our Youth Offending Service (YOS) is now a national exemplar, and was praised by Ofsted and HM Inspectorate of Probation for carrying out essential work supporting young people. This Labour administration has protected funding for YOS and will continue to do so in the face of Conservative cuts.

     

    2.  Council Assembly further notes:

     

    a.  ...  view the full minutes text for item 30.

Exclusion of Press and Public

That the press and public be excluded form 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.

31.

Ledbury Estate Towers - Future redevelopment update

Minutes:

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

32.

Barnwell House, St Giles Road, Camberwell, London SE5 7RP - Disposal of Freehold Interest

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    Minutes:

    This item was deferred.

33.

Variation of Development Partnership Agreement

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    Minutes:

    This item was deferred.