Part I
613
Apologies for absence.
There were no apologies for absence.
614
Declarations of interest.
The following declaration of interest was made:- Councillor Lamb - Provision of Primary Places 2015 (Agenda item 10) - Governor at Westleigh Junior School - Non-Pecuniary interest.
615
Minutes of the Meeting held on Tuesday, 6th November, 2012
Resolved:- That the Minutes of the Meeting held on Tuesday, 6th November 2012 be confirmed as a correct record and signed.
616
Minutes of the Meeting held on Tuesday, 4th December, 2012
Resolved:- That the Minutes of the Meeting held on Tuesday, 4th December 2012 be confirmed as a correct record and signed.
617
Pre-Cabinet Scrutiny Items
The following items had previously been considered by the respective Scrutiny Committee: Art on the Hoardings Southend-on-Sea Borough Council's Strategic Tenancy Strategy Possible New Affordable Housing Development Site - 159 Bournemouth Park Road/Byron Avenue Proposed Trust Links Project at Elm Road Allotment Site Saxon Lodge and Spencer House Provision of Primary School Places 2015 Family on Sea Consultation Annual Report of the Success for All Children Group A127 Kent Elms, A127 The Bell Corner and A127 Tesco Junction Improvements and Progress of South East LEP Local Transport Body CCTV Vehicle Annual Reassessment Hackney Carriage Unmet Demand Survey 2012 Proposed Policy on Residents Parking Schemes Seaway Car Park Elm Road Development Brief
618
Art on the Hoardings
Resolved:- 1. That the policy to encourage public art be approved and that a process be adopted which would involve Ward Councillors in approving and selecting temporary pieces of public art displayed on hoardings around development sites. 2. That Ward Councillors are presented with indicative art work which local arts groups may wish to install on the hoardings around sites. 3. That Planners will advise Developers that the Council actively encourages the involvement of local artists and arts groups to create suitable artistic work on hoardings around development sites. 4. That local arts organisations and local artists are encouraged to engage with community groups and local residents to create public art on hoardings. Reasons for Decision To enable local artists and arts organisations to enhance the local street scene and environment around building developments by creating art work on hoardings surrounding the developments around the town. Other Options None. Note:- This is an Executive Function. Eligible for call in to Community Services and Culture Scrutiny Committee. Executive Councillor:- Jarvis. This matter had previously been considered by Community Services and Culture Scrutiny Committee as a pre-Cabinet scrutiny item.
619
Southend-on-Sea Borough Council's Strategic Tenancy Strategy
Resolved:- That the Strategic Tenancy Strategy 2013-18, be approved (following final consultation with local social housing landlords and other key stakeholders). Reasons for Decision To fulfil Southend Borough Council's statutory commitments as outlined in the Localism Act 2011. Other Options The Council has a statutory duty to produce a Strategic Tenancy Strategy. Note:- This is an Executive Function. Eligible for call in to Community Services and Culture Scrutiny Committee. Executive Councillor:- Salter. This matter had previously been considered by Community Services and Culture Scrutiny Committee as a pre-Cabinet scrutiny item.
620
Possible New Affordable Housing Development Site - 159 Bournemouth Park Road/Byron Avenue
Resolved:- 1. That the site be developed, subject to full site investigation to determine whether this is a desirable and appropriate use of the land. 2. That full consultation be carried out with Ward Members and residents regarding the possible development of this site. 3. That the Council-led approach be confirmed as the preferred development option conditional on appropriate risk management being adhered to. Reasons for Decision To fulfil Southend Borough Council's commitments as a strategic local Housing Authority to meet the demand for affordable housing in the town. This can be achieved through sensible use of Council assets whilst minimising the impact on existing properties. Other Options. The option of leaving 159 Bournemouth Park Road as is and re-letting it with the existing sized garden was considered. However, this was rejected as the proposal would allow for the provision of an additional affordable home without a detrimental effect on the amenities of 159 Bournemouth Park Road or neighbouring residents. The development options include using a Registered Provider (RP)-led to develop the site or pursuing a Council-led build project. The RP option has been the primary route for affordable housing development in the recent past in Southend and represents a low risk approach. However, it is considered that the Council build option is a feasible and financially viable approach which would act as a small scale pilot for future Council-led residential build programmes. Note:- This is an Executive Function. Eligible for call in to Community Services and Culture Scrutiny Committee. Executive Councillor:- Salter. This matter had previously been considered by Community Services and Culture Scrutiny Committee as a pre-Cabinet scrutiny item.
621
Proposed Trust Links Project at Elm Road Allotment Site
Resolved:- 1. That, in principle, the lease of the Elm Road Allotment site to Trust Links for the creation of a project based on the Growing Together model for a period of 25 years, be approved. 2. That the Corporate Director of Adult and Community Services, in consultation with the Executive Councillor for Culture and Tourism, be authorised to agree the terms of the lease based on advice and assistance from Asset Management. Reasons for Decision 1. Leasing the Elm Road allotment site to Trust Links will enable a local charity to deliver new services to the residents of the town especially those in the Shoeburyness area. 2. Trust Links has a proven track record of delivering projects that supports people and builds communities. They currently run three main projects, Growing Together Westcliff, Breakthrough and The only Way is Green (TWIG) and support over 250 people a year and work with local schools. 3. The leasing of the site will reduce the Council's potential maintenance liability for the site. Other Options None. Note:- This is an Executive Function. Eligible for call in to Community Services and Culture Scrutiny Committee. Executive Councillor:- Jarvis. This matter had previously been considered by Community Services and Culture Scrutiny Committee as a pre-Cabinet scrutiny item.
622
Saxon Lodge and Spencer House
Resolved:- 1. That it be noted that the construction on the Shelford site has commenced with an anticipated completion date of February 2014. 2. That the Corporate Director Adult and Community Services, in consultation with the relevant Executive Councillor, be authorised to complete the procurement of the care contracts and to manage all of the associated human resources issues. Reasons for Decision Consultation on potential TUPE issues will need to take place with those staff who may be affected by the transfer of the undertaking to another employer. The care specification will need to set out clearly the numbers of staff transferring and their associated employment terms and conditions. Therefore, it was proposed that the Corporate Director, in consultation with the Executive Councillor, be granted delegated authority to conclude the procurement and deal with all the associated HR issues. Other Options. The Council has a statutory duty to ensure appropriate staffing and support is available to meet the needs of both the permanent residents and the respite care service users. Note:- This is an Executive Function. Eligible for call in to Community Services and Culture Scrutiny Committee. Executive Councillor:- Salter. This matter had previously been considered by Community Services and Culture Scrutiny Committee as a pre-Cabinet scrutiny item.
623
Provision of Primary Places 2015
Resolved:- 1. That St Mary's Church of England Primary School be expanded on the East Street site to provide an additional two forms of entry from September 2015 to September 2017. 2. That St Helen's Catholic Primary School is pursued as the primary plan to expand providing an additional one form of entry from September 2015. 3. That should houses in Windermere Road be purchased thereby resolving the deliverability issues at Sacred Heart, the option to expand at the school be reconsidered. 4. That subject to agreement of the Governing Body and the Diocese, a statutory joint consultation takes place with the Diocese of Brentwood about the significant enlargement of St Helen's Catholic Primary School. Reasons for Decision The overall aim is to achieve an additional 3 forms of entry by September 2015. The expansion of St. Mary's provides 2 FE with the further form of entry being provided at either St Helen's or Sacred Heart. Other Options. None. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay. This matter had previously been considered by Children and Lifelong Learning Scrutiny Committee as a pre-Cabinet scrutiny item.
624
Adoption Service Annual Report Statement of Purpose
Resolved:- That the submitted Annual Report and updated Statement of Purpose be approved, and that the annual adoption scorecard, be noted. Reasons for Decision The Adoption Statement of Purpose outlines the Adoption Service core services and the annual report outlines the activities undertaken by the Southend Adoption Service during 2012 and the outcomes and impact of the service. Other Options. It is a statutory requirement to present a report to the Executive twice yearly and the updated Statement of Purpose annually. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay.
625
Family on Sea Consultation
Resolved:- That the outcomes of the consultation, be noted. Reasons for Decision. To inform Members of the outcome of the consultation exercise. Other Options None. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay. This matter had previously been considered by Children and Lifelong Learning Scrutiny Committee as a pre-Cabinet scrutiny item.
626
Fostering Service Annual Report
Resolved:- That the Annual Report and Statement of Purpose, be approved. Reasons for Decision. The Fostering Statement of Purpose outlines the Fostering Service core services and the annual report outlines the activities undertaken by Southend Fostering Service during 2012 and the outcomes and impact of the service. Other Options. None. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay.
627
Report on Early Years and School Standards
Resolved:- That the submitted report be noted. Reasons for Decision. To receive the annual report on the academic progress of children and young people which is being monitored in accordance with 'Improving Learning Together'. Other Options. None. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay.
628
Schools Forum Constitution
Recommended:- That the amended Schools Forum Constitution attached as Appendix 1 of the submitted report, be approved. Reasons for Decision The Council is required to establish and maintain a Schools Forum to enable consultation and recommendations on the allocation of the Schools Budget. Other Options. None. Note:- This is a Council Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay.
629
Annual Report of the Success for All Children Group
Resolved:- That the achievements of the Success for All Children Group and the progress made in addressing the priorities for children, young people and families, be noted. Reasons for Decision. To report on the work of the Success for All Children Group. Other Options. None. Note:- This is an Executive Function. Eligible for call in to Children and Lifelong Learning Scrutiny Committee. Executive Councillor:- Courtenay. This matter had previously been considered by Children and Lifelong Learning Scrutiny Committee as a pre-Cabinet scrutiny item.
630
A127 Kent Elms, A127 The Bell Corner and A127 Tesco Junction Improvements and Progress of South East LEP Local Transport Body
Resolved:- 1. That it be noted that the A127 Kent Elms, A127 The Bell Corner and A127 Tesco Junction Improvements all feature in the top three for "short term" schemes in the South East Local Enterprise Partnership (SELEP) prioritisation exercise. 2. That approval be given to progress the key stages in the programme up to preferred option selection to meet the Department for Transport's time frame for the proposal for "Devolving Local Major Transport Schemes" and the requirements of the emerging SELEP Local Transport Body; 3. That the progress with the creation of a new Local Transport Body for the SELEP area, be noted. Reasons for Decision. 1. It traditionally takes a minimum of four years for schemes to be construction ready, therefore in order for the A127 Kent Elms, A127 The Bell Corner and A127 Tesco Junction Improvements to progress to be ready for construction in 2015 the consultation process needs to commence. 2. The outcome of the consultation and feasibility studies will support the schemes in the prioritisation review and contribute towards certainty of scheme costs and support benefit cost ratios supporting the business case. 3. The schemes will support the development of the Airport Business Parks, employment and housing growth. Other Options. 1. To be able to deliver the employment needs of the Borough and planned housing growth, the schemes will need to progress as identified in the submitted report. Alternative transport interventions involving less intensive infrastructure will not provide the necessary capacity to support the planned development in terms of the JAAP objectives. The option of not proceeding with the schemes would be in conflict with the JAAP Transport Strategy, which has been based on extensive transport modelling work and consultation. 2. There are currently no realistic alternatives to seeking funding other than from the Local Transport Body route. This is intended to support employment and housing growth and the Southend schemes are in a good position to seek a proportion of this fund. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Cox. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.
631
CCTV Vehicle Annual Reassessment
Resolved:- 1. That the contents of the submitted report, be noted and endorsed. 2. That the use of the CCTV Cars in the Borough in line with the priority policy framework (to include the contravention of parking regulations by car dealers) outlined in the submitted report to deal with dangerous and inconsiderate parking, be continued. 3. That the Parking Management Team, in conjunction with Ward Members, identify all problem locations/routes that need to be routinely patrolled by the CCTV cars and to publish these on the Council's website. Reasons for Decision The successes of the deployment of mobile CCTV enforcement in the Borough will be built upon, delivering further improvements in road safety, the environment and promote the expeditious movement of traffic on the Borough's highway network. Other Options. The "do nothing" option is not considered feasible as this approach is not likely to continue to deliver further improvements in terms of road safety, environmental improvement and expeditious traffic flow. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Cox. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.
632
Hackney Carriage Unmet Demand Survey 2012
Resolved:- That the outcome of the Hackney Carriage Unmet Demand Survey, be noted and that the Council maintains its current entry control policy and maintain a limit of 276 hackney carriages. Reasons for Decision. The Unmet Demand Survey 2012 has identified that there is no evidence of significant unmet demand for Hackney Carriages in Southend and therefore there would be no justification at this time to issue further hackney carriage vehicle licences. Other Options. The Unmet Demand Survey 2012 report provides other options for the authority to consider including agreeing to issue any number of additional plates as it sees fit, either in one allocation or a series of allocations or to remove the numerical restriction currently in place. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Cox. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.
633
Proposed Policy on Residents Parking Schemes
Resolved:- 1. That the proposed policy framework set out in the submitted report on the instigation of investigations and implementation of all future Parking Management Schemes (PMSs), be approved. 2) That the proposed consultation response thresholds for new PMS proposals, be approved. 3) That the new process and associated criteria for considering and prioritising requests for PMSs, be approved. 4) That the proposed consultation response threshold for reviewing existing parking management proposals, be approved. 5) That Officers be requested to consider alternative measures to address parking stress before considering PMSs. Reasons for Decision. To help ensure that only viable schemes are investigated for further action, the Council's resources are used effectively and that any scheme that is taken forward is supported by residents. Other Options. To Do nothing' and maintain the status quo is not a realistic option due to the difficulties experienced through the past implementation of PMSs as this will continue to provide an unclear mandate for decision making. Hence, decisions will be more difficult to make and will continue to result in much more intense post implementation queries and dissatisfaction. This situation is also costly and does not represent value for money. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Cox. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.
Part I Report(s) on minor matters and for information
634
Minutes of the Meeting of London Southend Airport Monitoring Working Party held on Thursday, 6th December 2012
Resolved:- That the Minutes of the Meeting held on Thursday, 6th December 2012 be received, subject to the deletion of the reference to Councillor Courtenay having declared an interest.
635
Council Procedure Rule 46
Resolved:- That the submitted report be noted. Note:- This is an Executive Function. Eligible for call in as appropriate to the item. Executive Councillor:- As appropriate to the item.
636
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 items of business set out below, on the grounds that they 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
637
Seaway Car Park
Resolved:- 1. That the principles of the Draft Heads of Terms set out at Appendix 1 of the submitted report, be approved subject to external certification for compliance with S.123 Local Government Act 1972. 2. That the Council proceed with the developer as a 'special purchaser' for the reasons as set out in Section 5 of the submitted report. 3. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services and the Group Leaders, be authorised to approve any significant variations to the Heads of Terms. 4. That the Council's powers of compulsory acquisition be applied, if necessary, to complete any land acquisition which is beneficial to the strategic delivery of the scheme. 5. That as part of the Heads of Terms, a fixed time for delivery of the proposal as well as an initial period within which the proposals need to be brought forward for consideration will be included. 6. That the Council's current annual revenue position of £277k must be retained and improved and an opportunity created to share in long-term income from the development. 7. That the leisure development would be delivered ahead of the occupancy of any residential accommodation provided. Reasons for Decision. As identified in the submitted report. Other Options. None. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillors:- Lamb and Moring. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.*Called in to:- Economic & Environmental Scrutiny Committee
638
Pier, North End Amusements
Resolved:- 1. That it be agreed to proceed on the basis of the Heads of Terms for the lease summarised at paragraph 3.8 of the submitted report and that the financial implications set out in paragraph 6.02 of the report, be endorsed. 2. That the Corporate Director Support Services, in consultation with the Executive Councillor for Corporate Support Services, be authorised to approve any amendments required to the Heads of Terms provided that the principles remain the same. Reasons for Decision As set out in the submitted report. Other Options. As set out in the submitted report. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Moring.*Called in to:- Economic & Environmental Scrutiny Committee
639
Elm Road Development Brief
(Attachment: 36) Report of Corporate Director Enterprise, Tourism and the Environment
(Attachment: 37) Appendix 1
(Attachment: 38) Appendix 2
(Attachment: 39) Appendix 3
Resolved:- That the proposed draft development brief be approved in order to progress the document through to a further round of public consultation. Reasons for Decision. As set out in the submitted report. Other Options. As set out in the submitted report. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor: J Garston. This matter had previously been considered by Economic and Environmental Scrutiny Committee as a pre-Cabinet scrutiny item.*Called in to:- Economic & Environmental Scrutiny Committee
640
City Deal
(Attachment: 40) Report of Corporate Director Enterprise, Tourism and the Environment
(Attachment: 41) Appendix 1
(Attachment: 42) Appendix 2
Resolved:- 1. That the submission to Government of an Expression of Interest for a Southend City Deal following Southend's shortlisting as one of 20 areas eligible to bid for a second wave of City Deals, be approved. 2. That the Corporate Director Enterprise, Tourism and the Environment, in consultation with the Leader of the Council and the Chief Executive, be authorised to make any minor amendments as a result of Government feedback to the Expression of Interest. Reasons for Decision. As set out in the submitted report. Other Options. As set out in the submitted report. Note:- This is an Executive Function. Eligible for call in to Economic and Environmental Scrutiny Committee. Executive Councillor:- Holdcroft.