Resolved:

That the submitted report be noted.

Note: This is an Executive Function

Eligible for call in to the relevant Scrutiny Committee

Executive Councillor: as appropriate for the item.

Resolved:

That the minutes of the meeting of the London Southend Airport Monitoring Working Party held on 24^th October 2017, be noted.

Note: This is an Executive Function

Eligible for call in to Place Scrutiny Committee

Executive Councillor: Cox

The Cabinet considered the recommendations of the Public Transport and Buses Working Party held on 23^rd October 2017 concerning proposals to investigate the potential for introducing a wider park and ride scheme for the Borough.

Resolved:

That it be noted that an analysis of the pilot park and ride scheme would be undertaken and the results would be taken into account in the development of a parking strategy.

Note: This is an Executive Function

Eligible for call in to Place Scrutiny Committee

Executive Councillor: Cox

The Cabinet considered the recommendations of the Conservation Working Party held on 26^th September 2017 concerning proposals to investigate the potential designation of Hamlet Court Road (and associated streets) as a Conservation Area.

Resolved:

That the potential designation of Hamlet Court Road (and associated streets) as a Conservation Area be investigated by officers and a report be submitted to a future meeting of the Conservation Working Party.

Note: This is an Executive Function

Eligible for call in to Place Scrutiny Committee

Executive Councillor: Flewitt

The Cabinet considered a report of the Deputy Chief Executive (People) requesting consideration of the resolutions of Council (19^th October 2017) regarding the introduction of a compulsory licensing scheme and rent controls on private sector landlords.

Resolved:

1. That the proposal to introduce a compulsory licensing scheme be referred to the Policy & Resources Scrutiny Committee for consideration by way of pre-Cabinet Scrutiny.

2. That the Deputy Chief Executive (People) be requested to write to the Secretary of State for Communities and Local Government to ascertain the Government’s view on the introduction of rent controls on private sector landlords letting properties to tenants.

Reason for Decision:

To respond to the resolutions of Council.

Other Options:

None.

Note: This is an Executive Function

The decision in 1 above is referred direct to Policy & Resources Scrutiny Committee

The decision in 2 above is eligible for call in to Policy & Resources Scrutiny Committee

Executive Councillor: Flewitt

Resolved:

That the submitted report be noted.

Note: This is an Executive Function.

Eligible for call in to all three Scrutiny Committees.

Executive Councillor: as appropriate to the item.

The Cabinet Committee received a report of the Deputy Chief Executive (Place) that sought Members' approval to authorise the advertisement of the amendments and/or new waiting restrictions at the locations indicated in Appendix 1 to the report, in accordance with the statutory processes and, subject to there being no objections received following statutory advertisement, to arrange for the relevant orders to be sealed and implement the proposals. 

With reference to the proposals for Ambleside Drive, the Cabinet Committee noted that whilst waiting restrictions of up to 10 metres would be advertised at the various junctions, this may be reduced to a distance of only 5 metres where appropriate.

During the discussion regarding Delaware Road, the Cabinet Committee also considered a suggestion that the Highways team work with South Essex Homes in relation to providing some additional parking facilities on areas of the land in Delaware Road opposite Blythe Avenue and in Delaware Crescent, where indiscriminate parking already occurred.  Any proposals arising from this should be the most environmentally friendly solution.

Having considered the views of the Traffic & Parking Working Party it was:

Resolved:

1.  That the Deputy Chief Executive (Place) be authorised to publish the relevant statutory notice and undertake the necessary consultation for a traffic regulation order(s) for the following requests and, subject to there being no objections following statutory advertisement, to arrange for the order to be sealed and the proposals implemented:

- Ambleside Drive, Southend on Sea - Amend existing waiting restrictions;

- Delaware Road, Shoeburyness - Amend existing waiting restrictions; and

- Southchurch Boulevard, Southend on Sea - Provide School Keep Clear Marking outside Futures College.

2.  That the Deputy Chief Executive (Place) be authorised to publish the relevant statutory notice and undertake the necessary consultation for a traffic regulation order(s) for the introduction of a residents parking scheme in the area covering Pleasant Road (excluding the car park to Norman Harris House), Hartington Road, Hartington Place, Ash Walk and Seaway (southern section only) and, subject to there being no objections following statutory advertisement, to arrange for the order to be sealed and the proposals implemented. 

3.  That, in relation to resolution 2 above, officers of the highways team work with the relevant Ward Councillors to identify appropriate areas for shared use resident parking and pay and display parking bays such as the southern extremities of Hartington Road and Pleasant Road and where residents parking is not compromised.

4.  That officers be requested to approach South Essex Homes with regard to the introduction of appropriate environmentally friendly parking on the areas of open space/verge on the north side of Delaware Road opposite Blythe Avenue and in Delaware Crescent.

Reason for Decision

To mitigate for likelihood of traffic flows being impeded, to improve safety or increase parking availability.

Other Options

Each request needs to be considered on its individual merits and their impact on public safety, traffic flows or parking and wider impact on the surrounding network. Members may consider taking no further action if they feel it is appropriate.

Note:- This is an Executive Function

Eligible for call-in to Place Scrutiny Committee:

Executive Councillor: Councillor Cox

The Cabinet Committee received a report of the Deputy Chief Executive (Place) that appraised Members of the representations that had been received in response to the statutory consultation for proposed Traffic Regulation Orders in respect of various proposals within the Borough.

The reports sought the Cabinet Committee's approval on the way forward in respect of all of these proposals, after having considered the views of the Traffic & Parking Working Party the Traffic & Parking Working Party following consideration of all the representations that had been received in writing and at the meeting.  Large scale plans of the proposals were displayed at the meeting.

With reference to the proposed introduction of a shared taxi rank and pay and display parking in Lucy Road, the Cabinet Committee was informed that the taxi rank currently marked in Lucy Road had been removed in 2006 (Minute 1121 of the meeting of Licensing Sub Committee C held on 13^th February 2006 refers).  Any requests to re-introduce a taxi rank at this location would be a matter for the Licensing Committee to consider and determine. 

Resolved:-

1.  That the Deputy Chief Executive (Place) be authorised to arrange for the Southend-on-Sea Borough Council (Various Roads) (Stopping, Waiting, Loading and Unloading Prohibitions and Restrictions, Parking Places and Permit Parking Zones) (Consolidation) Order 2016 (Amendment No. 16) Order 2017 to be confirmed as advertised and for the proposals to be implemented.

2.  That the Deputy Chief Executive (Place), in consultation with the Chairman of the Licensing Committee, be requested to expedite the commencement of the statutory consultation process and necessary arrangements for the introduction of a taxi rank in Lucy Road on the northern kerbline from a point 19 metres east of its junction with Herbert Grove to a point 38 metres west of its junction with Seaway (southern section), the hours of operation of which to be 10.00 p.m. until 9.00 a.m.

3.  That, subject to the satisfactory outcome of the request to introduce a taxi rank in Lucy Road referred to in resolution 2 above, the Deputy Chief Executive (Place) be authorised to arrange for the Southend-on-Sea Borough Council (Various Roads) (Stopping, Waiting, Loading and Unloading Prohibitions and Restrictions, Parking Places and Permit Parking Zones) (Consolidation) Order 2016 (Amendment No. 18) Order 2017 to be confirmed with the following amendment and for the proposals to be implemented:

- The time the taxi rank shall be in operation to be reduced from 6.00 p.m. until 9.00 a.m. to 10.00 p.m. until 9.00 a.m.

4.  That, in the event that the taxi rank does not proceed following the statutory consultation, the Deputy Chief Executive (Place) be authorised to arrange for the Southend-on-Sea Borough Council (Various Roads) (Stopping, Waiting, Loading and Unloading Prohibitions and Restrictions, Parking Places and Permit Parking Zones) (Consolidation) Order 2016 (Amendment No. 18) Order 2017 to be confirmed without the introduction of the taxi rank.

Reasons for Decision

The proposals aim to improve the operation of the existing parking controls to contribute to highway safety and to reduce congestion.

Other Options

Each proposal needs to be considered on its individual merits and their impact on public safety, traffic flows or parking and wider impact on the surrounding network. Members may consider taking no further action if they feel it is appropriate.

Note:- This is an Executive Function

Eligible for call-in to the Place Scrutiny Committee

Executive Councillor: Councillor Cox

Resolved:-

That the Minutes of the Meeting held on Thursday 14^th September 2017 be received, confirmed as a correct record and signed.

The following interests were declared at the meeting:

(a)  Councillor Callaghan – Agenda Item No. 4 (Objections to Traffic Regulation Orders – Lucy Road) – Non-pecuniary interest: Taxi Driver.

There were no apologies for absence.

The Cabinet considered a report of the Deputy Chief Executive (People) setting out the potential operating models for the delivery of passenger transport services and sought approval to progress the preferred option to procurement stage to identify a preferred partner.

Resolved:

1. That the following key elements to enable procurement activities to commence around this passenger transport review, in parallel with completing the policy consultation with users, be approved:

(a) Procure a partner to develop a ‘For Profit’ JV partnership as the recommended operating model for providing all its passenger transport services;

(b) Use a full procurement procedure (either competitive dialogue or open procedure) to procure a partner to develop a ‘For Profit’ JV partnership as opposed to contracting directly with a local authority owned company under Regulation 12 (the old teckal arrangements);

(c) Implement the new service from 1^st August 2019 based on the time table set out in paragraph 6.2 of the submitted report;

(d) Grant a tender exemption to extend existing contracts, based on the understanding that market conditions and potential legislative changes have hindered the Council’s ability to procure a partner to develop other types of JV partnership.

2. That a further report be presented to Cabinet in January 2018 that will provide details of the confirmed procurement procedure to procure a partner to develop the JV partnership.

Reasons for Decision:

It is critical that the Council has an agreed, robust and transparent position on each of the matters presented in the report in order to shape the procurement approach and ensure that the ambitions for passenger transport are delivered through the partnership.  Not reaching a decision on any of these matters risks delaying the procurement process.

Other Options:

None

Note: This is an Executive Function

Eligible for call in to Policy and Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Chief Executive presenting a range of alternative delivery vehicles that the Council controls, the current governance arrangements and proposals on potential ways forward.

Resolved:

Reasons for decision:

To provide a common unified governance structure between the Council and Council Companies, Joint Ventures, and to ensure proper exercise of its role as trustee of its Charitable Trusts.

Other options:

To retain the current ad-hoc arrangements by which the Council exercises its shareholder role or to establish other arrangements.

Note: This is a Council Function

Eligible for call in to Policy & Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Chief Executive detailing the treasury management activity for both quarter two and the period from April to September 2017.

Recommended:

Reasons for Decision:

The CIPFA Code of Practice on Treasury Management recommends that Local Authorities should submit reports regularly.  The Treasury Management Policy Statement for 2017/18 sets out that reports would be submitted to Cabinet quarterly on the activities of the treasury management operation.

Other Options:

There are many options available for the operation of the Treasury Management function, with varying degrees of risk associated with them.  The Treasury Management Policy aims to effectively control risk to within a prudent level, whilst providing optimum performance consistent with that level of risk.

Note: This is a Council Function.

Eligible for call in to Policy and Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Chief Executive setting out the capital expenditure as at 30^th September 2017 and recommending in-year amendments to the approved Capital Programme for 2017/18 to 2020/21.

Recommended:

Reason for decision:

To approve proposed changes to the Capital Programme.

Other options:

The proposed Capital Programme is made up from a number of individual projects, any of which can be agreed or rejected independently of the other projects.

Note:-This is a Council Function

This item is eligible for call in to Policy and Resources Scrutiny Committee

Executive Councillor:- Lamb

Resolved:

That, under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the item of business set out below on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Resolved:-

That the Minutes of the Meetings held on Tuesday 19^th September and Tuesday 10^th October 2017 be confirmed as a correct record and signed.

The following Members declared interests as indicated:

(a) Councillor Flewitt – Agenda Item 8 (Alternative Delivery Models – Governance Arrangements) – Non-pecuniary interest – friends and family are tenants of South Essex Homes Ltd;

(b) Councillor Flewitt – Agenda Item 21 (Airport Business Park) – Non-pecuniary interest – lives in the vicinity of London Southend Airport;

(c) Councillor Holland – Agenda Item 13 (Transport Review – Policy) and Agenda Item 14 (Transport Review – Delivery Models) – Non-pecuniary interest – president of Southend Stroke Club which uses the Council’s passenger transport services;

(d) Councillor Salter – Agenda Item 4 (Reference from Council – Compulsory Licensing Scheme and Rent Controls) – Disclosable Pecuniary Interest – private landlord in the borough (withdrew).

The Cabinet considered a report of the Deputy Chief Executive (People) which presented the draft Success for All Children Group’s Annual Report for April 2016 – March 2017.

Resolved:

That the report be noted.

Reasons for Decision:

To note the Annual Report.

Other Options:

None.

Note: This is an Executive Function

Eligible for call in to People Scrutiny Committee

Executive Councillor: Courtenay

The Cabinet considered a report from the Deputy Chief Executive (People) presenting the Local Account of Adult Social Care services in 2016-17, including the priorities and plans for 2017-18.

Resolved:

That the Local Account of Adult Social Care services in 2016-17 be noted as the Council’s self-assessment for these services.

Reasons for Decision:

The publication of the Local Account of Adult Social Care Services for 2016-17 ensures the continuity of information for the public about the performance of this service.

Other Options:

None.

Note: This is an Executive Function.

Eligible for call in to People Scrutiny Committee

Executive Councillor: Salter

The Cabinet considered a report of the Deputy Chief Executive (Place) providing an update on the progress of the Airport Business Park Southend (ABPS) development, specifically in relation to the phase 2 Local Growth Fund (LGF) allocation.

Resolved:

That the progress of the development of the Airport Business Park Southend, be noted.

Reasons for Decision:

To note the positive progress made in delivering the ABPS project and the significant opportunity it presents to increase economic growth, employment and skills.

Other Options:

None.

Note: This is an Executive Function

Eligible for call in to Place Scrutiny Committee

Executive Councillors: Lamb, Holland and Moring.

The Cabinet considered a report of the Deputy Chief Executive (Place) presenting the updated annual report on the Council’s Low Carbon Energy and Sustainability Strategy 2015-2020.

Resolved:

That the Low Carbon Energy and Sustainability Strategy updated Annual Report, be approved.

Reasons for Decision:

To continue to position the Council as a leading local authority in the East of England with regard to the UK’s transition to the low carbon economy.  The Strategy continues to provide an excellent opportunity for the Council to make a real contribution in delivering local objectives around health and wellbeing, housing, fuel poverty, air quality, transport, education, economic development and community cohesion.

Other Options:

None.

Note: This is an Executive Function.

Eligible for call in to Place Scrutiny Committee

Executive Councillor: Holland

This item was withdrawn.

Note: This is an Executive Function.

Eligible for call in to People Scrutiny Committee

Executive Councillors: Salter

The Cabinet considered a report of the Chief Executive which provided an update on the Council’s approach to information governance and management and presented the Senior Information Risk Owner’s (SIRO) Annual Report 2016/17.

Resolved:

1. That the SIRO’s report on Information Governance for 2016/17, be noted.

2. That the introduction of the General Data Protection Regulation (GDPR) from 25^th May 2018 and the publication of the Data Protection Bill along with related implications of these measures for the Council, be noted.

3. That the action being taken to prepare for the GDPR and Data Protection Bill, be noted.

Reason for decision:

To comply with the requirement for the SIRO to provide an annual report and to note the actions being taken to prepare for the impending new legislation on data protection and information management.

Other options:

None.

Note: This is an Executive Function.

Eligible for call in to Policy & Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Chief Executive presenting the annual report on compliments and complaints received throughout the Council for 2016/17, incorporating separate sections on Adult Social Care Services, Children’s Social Care and a report from the Monitoring Officer on decisions by the Local Government & Social Care Ombudsman.

Resolved:

That the Council’s performance in respect of compliments, comments and complaints for 2016-17 be noted, including the summary of decisions by the Local Government & Social Care Ombudsman.

Reason for Decision

To inform Members of the comments, compliments and complaints received throughout the Council.

Other Options

None

This is an Executive Function

Referred directly to all three scrutiny committees

Executive Councillors – Courtenay, Cox, Lamb and Salter

The Cabinet considered a report of the Chief Executive proposing the adoption of the revised “Debt Collection and Recovery Policy.”

Resolved:

That the revised “Debt Collection and Recovery Policy” set out at appendix A to the submitted report, be approved.

Reasons for Decision:

To adopt the revised policy which will ensure consistent level of service and collection across a range of public services.

Other Options:

None.

Note: This is an Executive Function.

Eligible for call in to Policy & Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Deputy Chief Executive (People) presenting the annual report on the work of the Corporate Parenting Group (CPG) regarding the progress and outcomes of children who are looked after by the Council.

In referring to the report, the Chairman expressed his appreciation to the staff concerned for their contribution towards the achievement of the positive outcomes for children.

Resolved:

1. That the annual report set out at Appendix 1 to the submitted report, be noted.

2. That the overarching priorities set for 2017/18 set out at Appendix 2 to the report, be approved.

3. That the Corporate Parenting Strategy for Looked After Children 2017/18 set out at Appendix 3 to the report, be approved.

Reasons for Decision:

None.

Other Options:

None.

Note: This is an Executive Function

Eligible for call in to People Scrutiny Committee

Executive Councillor: Courtenay

The Cabinet considered a report from the Deputy Chief Executive (People) on the activities of the Southend Adoption Service between April and September 2017.

On consideration of the report, the Chairman referred to the excellent work undertaken by the Adoption Team and conveyed his thanks to the staff concerned.

Resolved:

That the submitted report be noted.

Reasons for Decision:

To note the activities of the Southend Adoption Service in the first six months of 2017/18.

Other Options:

None

Note: This is an Executive Function

Eligible for call in to People Scrutiny Committee

Executive Councillor: Courtenay

The Cabinet considered a report of the Chief Executive setting out the required changes to the current Business Rates Discretionary Relief Policy to reflect the new rate reductions announced by the Chancellor in the 2016 Autumn Statement and 2017 Spring Budget.

Resolved:

1. That the award of Public House Relief of up to £1,000 to qualifying businesses in occupation of Public Houses which have a rateable value of £100,000 or less in accordance with Discretionary Rate Relief powers for the financial year 1^st April 2017 to 31^st March 2018 only, subject to State Aid limits, be approved.

2. That it be noted that the businesses to qualify for the relief must be a ‘Public House’ as detailed in paragraph 4.4 of the submitted report.

3. That it be noted that where a ratepayer demonstrates their entitlement to the Public House Relief, the Revenues Manager has the authority to award the relief.

4. That the award of Local Newspaper Relief of up to £1,500 for office space occupied by local newspapers up to a maximum of one discount per local newspaper title and per hereditament, for the financial years 1^st April 2017 to 31^st March 2018 and 1^st April 2018 to 31^st March 2019, subject to State Aid limits, be approved.

5. That it be noted that where a ratepayer demonstrates their entitlement to the Local Newspaper Relief, the Revenues Manager has the authority to award the relief.

6. That the award of Supporting Small Business Relief (SSBR) to businesses who as a result of the change in their rateable value at the 2017 revaluation lost some or all of their small business relief, in accordance with guidance given by the Department for Communities and Local Government for the financial years 1^st April 2017 to 31^st March 2018 to 1^st April 2021 to 31^st March 2022, subject to State Aid limits, be approved.

7. That the scheme and amount of Discretionary Business Rate Relief, in accordance with Section 7 and Appendix G of the revised policy, subject to State Aid limits, be approved.

8. That it be noted that the Council, through the National Non-Domestic Rate return process, will seek full reimbursement of the cost of this relief from Central Government.

9. That the amended Business Rates Discretionary Relief Policy set out at Appendix A to the submitted report, be approved.

Reasons for Decision:

To grant relief to qualifying ratepayers and amend the current business rates discretionary relief policy to enable the granting of the new relief benefits in accordance with Central Government expectations.

Other Options:

The Council could choose not to grant the relief.  However, not awarding the relief would mean the funding being returned to Government.

Note: This is an Executive Function.

Eligible for call in to Policy and Resources Scrutiny Committee

Executive Councillor: Moring

The Cabinet considered a report of the Deputy Chief Executive (People) setting out proposed changes to policies which were recommended as part of the transport review.

Resolved:

1.  That the following proposed policies, as per the approach identified in paragraph 3.1 of the submitted report, be adopted:

(a) Home to School Transport for Pre and Post-16 Students with Special Educational Needs and Disabilities (SEND), effective from 1^st September 2018:

The Special Educational Needs Travel Assistance Policy (set out in Appendix A of the report) be implemented as set out in paragraphs 3.1.2 a) and 3.1.2 b) of the report. The provision of ‘travel assistance’ to be focussed on the promotion of independence and personalisation.  As pupils adopt more independent alternative modes of transport then routes will be optimised. 

(b) Adults with Learning Disabilities and Older Adults attending Day Centres and Activities, effective from 1^st April 2018:

The Adult Social Care travel assistance policy (set out in Appendix B to the report) be implemented as set out in paragraph 3.1.2 c) of the report. The focus on maximising independence will mean that travel assistance will only be provided by the Council once all alternative transport options have been considered. 

Where transport is provided by the Council, the contribution from the user be increased to the new charge of £4 per day for a return trip and £5 per day where multiple trips are applicable.

(c) Looked After Children, effective from 1^st April 2018:

The looked after children and young people travel assistance policy (set out in Appendix C to the report) be implemented as set out in paragraph 3.1.2 d) of the report.

(d) Dial-a-Ride, effective from 1^st April 2018:

The Dial-a-Ride policy (set out in Appendix D to the report) be implemented as set out in paragraph 3.1.2 e) of the report.

Reasons for Decision:

(a) Home to School (SEND) transport – to approve some changes to current policy to enable consistency and fairness in decisions regarding eligibility.

(b) Adults with Learning Disabilities and Older Adults attending Day Centres and Activities – To establish a policy that demonstrates how the Council will support individuals by providing travel assistance to access social care activities in a consistent and equitable way.

(c) Looked After Children – To establish policy to enable fairness in decisions about eligibility.

(d) Dial-a-Ride – To establish policy to enable fairness in decisions about eligibility.

Other Options:

None

Note: This is an Executive Function

Eligible for call in to Policy and Resources Scrutiny Committee

Executive Councillors: Salter, Moring and Courtenay.

The Cabinet considered a report of the Deputy Chief Executive (People) setting out the progress of the first year (financial year April 2016-March 2017) of the implementation plan of the strategy for children with Special Educational Needs and/or Disabilities.

Resolved:

1. That the progress and areas that require further improvement as indicated in the submitted report for the first year of “Working together to improve outcomes”, be noted.

2. That a full review of the provision for SEND area and refresh of the current strategy, with a view to presenting the updated version to Cabinet by the end of the current financial year, be approved.

Reasons for Decision:

To undertake a review of the SEND provision and refresh the strategy.

Other Options:

None.

Note: This is an Executive Function

Eligible for call in to People Scrutiny Committee

Executive Councillor: Courtenay