Meeting documents

Cabinet
Tuesday, 1st July, 2014 2.00 pm

Place:
Civic Suite, Civic Centre, Southend-on-Sea
 

Attendance Details

ItemDescriptionResolution
Part I
54 Apologies for absence.
 There were no apologies for absence.
55 Declarations of interest.
 The following declarations of interest were made:

(a) Councillor Longley - Provisional Capital Outturn Report 2013/14 - Vice-Chair of Board of Governors, Southend Adult Community College - non-pecuniary interest.

(b) Councillor Assenheim - Review of HRA Land - South Essex Homes Board Member - non-pecuniary interest.

(c) Councillor Terry - London Southend Airport Joint Area Action Plan - Clients of employer are working in the area - non-pecuniary interest.
56 Minutes of the Meeting held on Tuesday, 18th March, 2014
 Resolved:-

That the Minutes of the Meeting held on Tuesday 18th March 2014 be confirmed as a correct record and signed.
57 Pre-Cabinet Scrutiny Items
 The following item had previous been subject to pre-Cabinet Scrutiny:

- Community Infrastructure Levy
58 Petition - Removal of Taxi Rank on Campfield Road
Business for item 58
Resolved:-

That the existing taxi rank be retained and that the line markings be removed from the former taxi rank in Avon Way.

Reason for Decision

To respond to the petition.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor:- Terry.
*Referred to:- Place Scrutiny Committee
59 Monthly Performance Report (April 2014)
 Resolved:-

That the submitted report be noted.

Note:- This is an Executive Function.
Referred direct to all three Scrutiny Committees.
Executive Councillor:- As appropriate to the item.
*Referred to:- People Scrutiny Committee
*Referred to:- Place Scrutiny Committee
*Referred to:- Policy and Resources Scrutiny Committee
60 In-Depth Scrutiny Report - Impact of Welfare Changes
Business for item 60
Resolved:-

1. That the report and recommendations from the project, as set out in appendix 1 to the submitted report, be approved.

2. That it be noted that approval of any recommendations with budget implications will require consideration as part of future years' budget processes prior to implementation.

3. That the draft Action Plan, as set out in appendix 2 to the submitted report, be approved.

Reason for Decision

To enhance and further develop a partnership approach in order to mitigate the impacts of the overall welfare reform programme and provide localised support for people seeking work.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- I D Gilbert.
*Referred to:- Policy and Resources Scrutiny Committee
61 In-Depth Scrutiny Report - Southend Primary Schools' Falling Grammar School Entry Figures
Business for item 61
Resolved:-

1. That the report and recommendations from the in depth scrutiny project "Southend Primary Schools' Falling Grammar School Entry Figures", as set out in appendix 1 to the submitted report, be approved.

2. That it be noted that approval of any recommendations with budget implications will require consideration as part of future years' budget processes prior to implementation.

Reason for Decision

To increase the number of local primary school children entering grammar schools.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to People Scrutiny Committee
Executive Councillor:- A P Jones.
*Referred to:- People Scrutiny Committee
62 Draft Corporate Plan & Annual Report - 2014, incorporating priorities of the Joint
Administration
Business for item 62
Resolved:-

1. That the Council's draft Corporate Plan and Annual Report 2014, incorporating the priorities of the Joint Administration as set out in appendix 1 to the submitted report, be approved.

2. That the specific commitments set out in paragraphs 2.7 (d) - (h) of the Joint Administration Agreement attached at appendix 2 to the submitted report, be endorsed. These will be progressed within timescales appropriate to the matter in question and, in particular, consultation will take place on need and viability and a report will be brought forward on community facilities in central Southend as soon as possible.

3. That previous Council decisions in relation to Shoeburyness flood defences, Delaware and Priory care homes and the library service be made the subject of detailed review with terms of reference as follows:

(a) Shoeburyness Flood Defences

To review the current preferred option for coastal protection at Shoebury Common, as well as the previous options which were considered; and identify a coastal protection scheme that will be more acceptable to local residents and still provide the necessary standard of protection, safeguard the local environment and offer value for money.

The review will be completed as soon as possible and a report will be presented to Cabinet, after pre-Cabinet scrutiny at the Place Scrutiny Committee.

(b) Delaware & Priory Care Homes

The review will consider the decision to close Priory House and options for the redevelopment of Delaware House.

The review will:

- Consider all information relating to the original decision;

- Re-examine the financial information to consider whether the financial situation has substantially changed since the original decision was made in November 2013; and

- Consider whether all financially viable options have been considered taking into account the condition of Priory and Delaware House, the financial circumstances of the Council, future projected needs of the local population, availability of any new alternatives and the outcome of the consultation.

The review will make one of the following recommendations:

- The original decision made in November 2013 is endorsed and implementation should continue;

- The original decision made in November 2013 is not endorsed and implementation should stop with immediate effect; or

- The original decision made in November 2013 is not endorsed as it stands and the following alternative course of action is proposed.....

The review will be completed as soon as possible and a report will be presented to Cabinet, after pre-Cabinet scrutiny at the People Scrutiny Committee.

(c) Library Service

Whilst accepting many of the outcomes and recommendations made in the approved Library Strategy, it is the Joint Administration's intention to undertake a light touch review to reconsider the decisions that relate to the operation and management of the Library branch network. In particular this would look at the proposed staffing structure necessary to support the library branch network and the appropriate use of and by community groups and volunteers.

The review will be completed as soon as possible and a report will be presented to the September 2014 Cabinet.

Reason for Decision

To ensure the Corporate Plan and Annual Report reflects the needs of the organisation and the borough's communities.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to all three Scrutiny Committees.
Executive Councillor:- Woodley.
*Referred to:- People Scrutiny Committee
*Referred to:- Place Scrutiny Committee
*Referred to:- Policy and Resources Scrutiny Committee
63 Annual Treasury Management Report - 2013-14
Business for item 63
Recommended:-

1. That the Annual Treasury Management Report for 2013/14 and the outturn Prudential Indicators for the period from April 2013 to March 2014, be approved.

2. That it be noted that the financing of capital expenditure of £42.993m has been funded in accordance with the schedule set out in section 4 of the submitted report, with a reduced financing requirement of £3.127m.

3. That it be noted that Capital Financing and Treasury Management were carried out in accordance with statutory requirements, good practice and in compliance with the CIPFA (The Chartered Institute of Public Finance and Accountancy) Prudential Code during 2013/14.

4. That the revised Treasury Management Policy Statement for 2014/15, as set out in appendix B to the submitted report, be approved.

5. That, in respect of the return on investment and borrowing, the following be noted:

(a) That the loan and investment portfolios were actively managed to minimise cost and maximise interest earned, whilst maintaining a low level of risk.

(b) That £0.47m of interest was earned during the whole of 2013/14 at an average rate of 0.60%. This is 0.25% over the benchmark of the 7 day LIBID (London Interbank Bid Rate) and 0.10% over bank base rate.

(c) That an average of £53.8m of investments were managed in-house. These earned £0.27m of interest during the year at an average rate of 0.50%. This is 0.15% over the average 7 day LIBID and in line with bank base rate.

(d) That an average of £24.5m of investments were managed by our external fund manager. These earned £0.20m of interest during the year at an average rate of 0.82%. This is 0.47% over the average 7 day LIBID and 0.32% over bank base rate.

(e) That the level of borrowing from the Public Works Loan Board (PWLB) (excluding debt relating to services transferred from Essex County Council on 1st April 1998) increased from £246.8m to £250.8m (Housing Revenue Account (HRA): £84.5m, General Fund (GF): £166.3m) by the end of 2013/14.

Reason for Decision

To comply with the CIPFA Code of Practice for Treasury Management in the public sector and the CIPFA Prudential Code.

Other Options

None.

Note:- This is a Council Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
64 Provisional Capital Outturn 2013/14
Business for item 64
Recommended:-

1. That it be noted that the expenditure on the capital programme for 2013/14 totalled £42.993m against a budget of £46.120m, a delivery of 93.2%

2. That the relevant budget carry forwards and accelerated delivery requests totalling a net £2.746m, as set out in appendices 1 and 2 to the submitted report, be approved.

3. That the virements, re-profiles, amendments and new external funding for schemes, as set out in appendices 3, 4 and 5 to the submitted report, be noted.

4. That the relevant changes to the budget identified since the approved capital programme was set at Council on 27th February 2014, as set out in appendix 6 to the submitted report, be approved.

5. That it be noted that the above changes will result in an amended capital programme of £143.056m for the period 2014/15 to 2017/18 and later years, as set out in appendix 7 to the submitted report.

Reason for Decision

To inform Members of the activity in 2013/14.

Other Options

None.

Note:- This is a Council Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
65 Provisional Revenue Outturn Report 2013-14
Business for item 65
Recommended:-

1. That the provisional revenue outturn for the General Fund and HRA for 2013/14 be noted.

2. That the appropriation of revenue funds to and from earmarked reserves, as set out in paragraph 4.6 (General Fund) and paragraph 5.4 (HRA) of the submitted report, be approved.

Reason for Decision

To advise Members of the financial position of the Council and to put forward a proposal on the appropriation of funds to and from earmarked reserves.

Other Options

None.

Note:- This is a Council Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
66 Annual Report - Regulation of Investigatory Powers Act 2000 (RIPA)
Business for item 66
Resolved:-

1. That it be noted that the Council has used the surveillance powers available to it under RIPA once between 1st April 2013 and the 31st March 2014, but has not used any covert human intelligence sources during this period.

2. That the amended "Policy and Procedures for undertaking Directed Covert Surveillance and the use of Covert Human Intelligence Sources" as set out in appendix 1 to the submitted report, be endorsed.

3. That the conclusion of the Office of Surveillance Commissioners (‘the OSC') inspection that: "This inspection has been a conspicuously successful one from the Council's point of view. A thoroughly efficient and effective RIPA regime is in place and the Council is as well placed as any local authority to mount any necessary RIPA activity", be noted.

Reason for Decision

To comply with the Home Office Codes of Practice regarding the RIPA.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
67 Investigation of potential development sites on HRA Land
Business for item 67
Resolved:-

1. That further investigation and consultation on the feasibility of the identified sites, as set out in appendix 1 to the submitted report, be approved.

2. That the use of time-limited capital funds, including Right to Buy receipts, to bring forward the initial pilot sites in Shoeburyness in the short term be approved, with the balance of the funding to be met from within the existing HRA capital resources.

3. That Officers be requested to investigate and bring forward a longer term Capital Investment Strategy for the Council which considers the different development models and delivery vehicles open to the Council including for Council-led house building.

4. That any new properties be let on Assured Shorthold Tenancies and initially be leased onwards to South Essex Homes Limited outside of the HRA at 80% of market rents to maximise rental income.

Reason for Decision

To further investigate the feasibility of developing additional affordable housing on Council-owned HRA land.

Other Options

As set out in the submitted report.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Norman.
*Referred to:- Policy and Resources Scrutiny Committee
68 Partners in Adoption Annual Report
Business for item 68
Resolved:-

That the Partners in Adoption Annual Report be noted.

Reason for Decision

The consortium annual report outlines the activities of the consortium during the year and shows the level of activity undertaken by each agency in the period.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to People Scrutiny Committee.
Executive Councillor:- A P Jones.
*Referred to:- People Scrutiny Committee
69 Community Infrastructure Levy
Business for item 69
Resolved:-

1. That in accordance with the CIL Regulations 2010 (as amended), planning obligations under Section 106 (S.106) of the Town and Country Planning Act be continued after April 2015 to secure affordable housing and site specific mitigation measures.

2. That consultation be undertaken on the basis of the proposal to have a nominal £10/sqm rate for "All other uses" and three Residential Charging Zones (£20, £30, £60/sqm) as outlined in paragraphs 3.14, 3.15 and 4.1 of the submitted report and that the Preliminary Draft Charging Schedule (PDCS) be amended accordingly:

Development Type

Residential - Zone 1 (Market areas 1-5) (Proposed CIL rate: £20)

Residential - Zone 2 (Market area 6) (Proposed CIL rate: £30)

Residential - Zone 3 (Market areas 7 & 8) (Proposed CIL rate: £60)

3. That consultation be undertaken on the basis of the documents appended to the submitted report for the CIL consultation (subject to the amendment outlined in resolution 2 above).

4. That the programme for the CIL consultation be approved (as outlined in appendix 1 to the submitted report) in order to implement a Charging Schedule in 2015.

5. That the Corporate Director for Place, in consultation with the Portfolio Holder for Regulatory Services, be authorised to make minor amendments to the CIL consultation documents in response to any recommendations made by the Planning Advisory Service.

6. That the Corporate Director for Place, in consultation with the Portfolio Holder for Regulatory Services, be authorised to proceed to the Draft Charging Schedule (DCS) and submission stage if no material modifications are required following the 6 week consultation for the Preliminary Draft Charging Schedule.

Reason for Decision

To enable a mechanism to be in place as close as possible to April 2015 to collect contributions from developers through the Community Infrastructure Levy (CIL) to fund community infrastructure to support development.

Other Options

As set out in the submitted report.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor: Assenheim.
This matter had previously been subject to pre-Cabinet Scrutiny.
*Referred to:- Place Scrutiny Committee
70 Licensing Act 2003 - Review of Statement of Licensing Policy
Business for item 70
Resolved:-

That the draft revised Policy document be approved for consultation

Reason for Decision

To enable consultation on the policy document to commence.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor:- Assenheim.
*Referred to:- Place Scrutiny Committee
71 Highways and Transport Capital Programme
Business for item 71
Resolved:-

1. That the successful allocation of funds through various Government and others sources for the financial year 2014/15, be noted.

2. That the implementation of the allocated Integrated Transport and Highways Maintenance blocks, Council Capital and Local Sustainable Transport Fund, and other identified allocations for 2014-2015, as set out in appendices 1 and 2 to the submitted report, be approved.

3. That the Corporate Director for Place and the Head of Finance and Resources (financial elements), in consultation with the Portfolio Holder for Public Protection, Waste and Transport, be authorised to make any minor variations to the programme, or scheme or project costs.

Reason for Decision

To ensure the delivery of the capital programme.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor: Terry.
*Referred to:- Place Scrutiny Committee
72 Review of Sex Establishment Licence Fees
Business for item 72
Resolved:-

That the revised fees for sex establishments' licences of £1,350 for new licence applications and £1,000 for a renewal from 2014/15, be approved.

Reason for Decision

A revision of the sex establishment fees is necessary to ensure that the Council complies with the European Services Directive 2006/123/EC.

Other Options

None.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor:- Assenheim.
*Referred to:- Place Scrutiny Committee
73 Update on the delivery of London Southend Airport Joint Area Action Plan (JAAP)
Business for item 73
Resolved:-

1. That the report be noted

2. That the proposed schedule of main modifications, as set out in appendix 2 to the submitted report, together with the further changes circulated at the meeting, be approved and the JAAP be consulted on, in accordance with the timetable for adoption in the Local Development Scheme.

3. That the Corporate Director for Place, in consultation with the Portfolio Holder for Regulatory Services, be authorised to make further minor amendments to the proposed schedule of main modifications that may be required and to then commence consultation.

4. That following completion of the consultation and pending receipt of the Final Report of the Inspector, a further report be presented to Cabinet on 11th November along with a recommendation to adopt the JAAP as planning policy.

Reason for Decision

To commence post examination in public (EIP) consultation in line with Planning Regulations.

Other Options

Not to produce the JAAP in relation to detailed policies to direct and manage the future development of London Southend Airport and its Environs including Saxon Business Park. This would mean that the Council would need to rely solely on policies in their adopted Local Development Framework (LDF) Documents, that is the Core Strategy DPD and the emerging Development Management DPD (which will replace the remaining ‘saved' policies in the Borough Local Plan) to determine planning applications. It is considered that the JAAP, once adopted, will be a significantly advantageous tool to comprehensively direct and manage the future development of this priority area in a co-ordinate and strategic manner.

Note:- This is an Executive Function.
Referred direct to Place Scrutiny Committee.
Executive Councillor:- Assenheim.
*Referred to:- Place Scrutiny Committee
74 Minutes of the Meeting of Grants Strategy Working Party held on Thursday, 19th June, 2014
Business for item 74
Resolved:-

That proposals put forward for a Community Commissioning Prospectus 2015-18, be approved.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
75 Minutes of the Performance Related Pay Panel 14th May 2014
 Resolved:-

That the minutes of the Performance Related Pay Panel 14th May 2014 held on Wednesday 14th May 2014, be noted.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
76 Council Procedure Rule 46
 Resolved:-

That the submitted report, be noted.

Note:- This is an Executive Function.
Referred direct to People Scrutiny Committee and Policy & Resources Scrutiny Committee.
Executive Councillor: As appropriate to the item.
*Referred to:- People Scrutiny Committee
*Referred to:- Policy and Resources Scrutiny Committee
Part I Report(s) on minor matters and for information
77 Exclusion of the Public.
 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 would involve 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.
Part II
78 Council Procedure Rule 46 - Confidential Sheet
  • (Attachment: 45)Report
 Resolved:-

That the submitted report, be noted.

Note:- This is an Executive Function.
Referred direct to Policy & Resources Scrutiny Committee.
Executive Councillor:- Woodley.
*Referred to:- Policy and Resources Scrutiny Committee
14:00/14:40

Attendance Details

Present:
Councillor R A Woodley (Chairman)
Councillors M Assenheim, I D Gilbert, A P Jones, G E Longley, D A Norman, M W Terry
In attendance:
J K Williams, S Holland, S Leftley, A Lewis, J Chesterton, J Ruffle, A Atherton, T MacGregor, I Ambrose, F Abbott, A Keating and C Gamble

Also present: Councillors Chalk, Callaghan, Davies, Folkard, Jarvis, Lamb, Moyies and Salter

Business

ItemBusiness
58At the meeting of Council held on 17th April 2014, Councillor Chalk presented a petition, on behalf of residents requesting the Council to remove the taxi rank directly outside the Health Centre on Campfield Road.

(The petition had been referred to Cabinet in accordance with Council Procedure Rule 15.6).
60The Cabinet considered the final report on the in-depth scrutiny project "Impact of Welfare Changes".
61The Cabinet considered the final report on the in-depth scrutiny project "Southend Primary Schools' Falling Grammar School Entry Figures".
62The Cabinet considered a report of the Chief Executive & Town Clerk presenting the Council's Corporate Plan and Annual Report for 2014.
63The Cabinet considered a report of the Corporate Director for Corporate Services detailing the treasury activity for the period from April 2013 to March 2014 and reviewed performance against the Prudential Indicators for 2013/14.
64The Cabinet considered a report of the Corporate Director for Corporate Services outlining the capital programme outturn for 2013/14 and sought approval for the relevant budget carry forwards, accelerated delivery requests and in-year amendments to the current approved programme.
65The Cabinet considered a report of the Corporate Director for Corporate Services on the provisional revenue outturn for 2013/14.
66The Cabinet considered a report of the Corporate Director for Corporate Services on the use of the surveillance powers available to the Council under the Regulation of Investigatory Powers Act 2000 (RIPA) in respect of the period 1st April 2013 to the 31st March 2014. Members were requested to give consideration to the Council's "Policy and Procedures for undertaking Directed Covert Surveillance and the use of Covert Human Intelligence Sources".
67The Cabinet considered a report of the Corporate Director for People presenting a feasibility report on Council-owned Housing Revenue Account (HRA) land which has the potential to meet the Council's strategic aim of developing additional affordable housing.
68The Cabinet considered a report of the Corporate Director for People setting out the work of the Partners in Adoption Consortium for 2013/2014.

Members asked that their thanks be conveyed to the relevant officers in recognition of their hard work.
69The Cabinet considered a report of the Corporate Director for Place updating Members on the Community Infrastructure Levy (CIL) and outlining the CIL consultation exercise along with a programme for the adoption of a CIL Charging Schedule in 2015.

Members received the minutes of the meeting of the Local Development Framework Working Party held on 25th June 2014 at which consideration had been given to the CIL.

On consideration of the report, Members asked that their thanks and appreciation be conveyed to the relevant officers for their sterling work.
70The Cabinet considered a report of the Corporate Director for Place setting out a draft revised Licensing Policy Statement as the basis for formal consultation, together with a timetable for the review of the Policy.
71The Cabinet considered a report of the Corporate Director for Place outlining the highways and transport related Capital Programme for 2014/15, funded through the Local Transport Plan 3 (LTP3), Local Sustainable Transport Fund (LSTF), Council Capital and other related funding sources.
72The Cabinet considered a report of the Corporate Director for Place detailing the implications of the Westminster City Council sex shop licensing ruling and the impact upon the Council's (SBC) fees and charges.
73The Cabinet considered a report of the Corporate Director for Place on the progress made with the London Southend Airport & Environs Joint Area Action Plan (JAAP), along with the outcome of the Examination in Public (EIP) held by an independent Government appointed planning inspector. The report set out the process for progressing the JAAP to adoption in accordance with the Local Development Scheme timetable, which included a period of statutory consultation on the main modifications agreed at the EIP.

At the meeting the Cabinet received further modifications to the JAAP made by the planning inspector, which were before Members for consideration.
74The Cabinet considered the recommendation of the Grants Strategy Working Party on the Community Commissioning Prospectus 2015-18.

 

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