Agenda, decisions and minutes

For Members to note any apologies for absence.

None.

There were no apologies for absence.

Members are invited to declare at this stage of the meeting, any relevant personal and prejudicial interests and discloseable pecuniary interests in any matter to be considered at this meeting.

None.

There were no interests declared by Members.

The minutes of the meeting held on 19 June 2017 are attached for Members’ consideration.

RESOLVED:

That the minutes of the previous meeting, held on 19 June 2017, be approved as an accurate record of the meeting.

It was RESOLVED that the minutes of the previous meeting held on 19 June 2017 be approved as an accurate record of the meeting.

RESOLVED:

There were no matters arising.

There were no matters arising.

The Cabinet received petitions from Mr Barry Wolahan, Mr Yasir Alam, and Mr Terry Connelly in relation to the On-Street Parking Management Review.

At this stage of the meeting the Chair, Councillor Muhammed Butt, outlined that a number of requests to speak had been received in relation to agenda number 18 of the original agenda pack (On-Street Parking Management Review). He proposed to amend the order of business accordingly so that the related substantive item followed on immediately after the petitioners had spoken. He also outlined some additional proposed changes to the agenda running order. 

It was RESOLVED that the order of business for the meeting be re-arranged accordingly, as reflected within this set of minutes.

Councillor Muhammed Butt, Leader of the Council, invited Mr Barry Woolahan to address Cabinet. Mr Woolahan spoke in favour of a petition which called on the Council to introduce a new CPZ on Parkside and Campbell Gordon Way as a mean of alleviating problems with parking overcrowding in the Gladstone Park area.

Councillor Muhammed Butt then invited Mr Yasir Alam to address Cabinet. Mr Alam spoke in favour of a petition which called on the Council to reduce the hours of operation of a CPZ in the NW2 Postcode area. It was heard that the proposal favoured the CPZ being in operation from 9am to 6.30pm Monday to Friday, as opposed to its current time of operation which was 9am to 9pm Monday to Friday.

Councillor Muhammed Butt also invited Mr Terry Connelly to address Members who spoke in favour of a petition which called on the Council to maintain the current operational times of a CPZ in place in zone GM which included Temple Road.

This report provides Cabinet with information on the outcome of the On-Street Parking Management Review which was initiated following Cabinet approval on 15 November 2016.

RESOLVED:

18.1 The responses to the online survey and requests for changes to parking management in the borough be noted;

18.2 The prioritisation methodology be noted and the 2017/18 – 2018/19 programme for reviewing on-street parking management be approved;

18.3 The financial implications within this report be noted and a budget provision of £0.34m to deliver the programme be agreed;

18.4 The programme for implementing changes to on-street parking arrangements in prioritised areas be approved, subject to public consultation and further approval by Highways Committee;

18.5 The online information, guidance and application process for parking changes be agreed to remain in place, and that these requests be considered when developing future programmes for Cabinet approval in January each year, with six monthly interim reports providing information on levels of demand and programme progress to Highways Committee;

18.6 The lead officers be authorised to write to the lead petitioners to inform them of the decisions in relation to their petition, as set out in Appendix Aof the Cabinet report; and

18.7 Lead Officers’ responses to other requests be noted and approved, and comments related to policy decisions in paragraphs 4.22, 4.24 and in Appendix A to the Cabinet report, be considered outside of the scope of this review.

Councillor Eleanor Southwood, Cabinet Member for Environment, began by thanking the three respective speakers. She introduced the report to Cabinet and explained that it followed formal consultation with residents which aimed to identify on-street parking pressures within the borough and proposals to address these. She outlined that the Council had analysed the responses to the consultation and developed a programme of new Controlled Parking Zones (CPZs) and CPZs reviews based on need and the prioritisation of actions needed to address parking pressures. She also noted that Cabinet would need to deliver a budget provision of £0.34m to deliver the programme.

Councillor Miller, thanked officers for taking the views of Councillors into account as part of the consultation. Councillor Hirani outlined the issues he felt existed around Willesden, and that he hoped that these would be addressed. Councillor Tatler noted that there were no CPZs in Fryent ward but that the actions taken within the report had been encouraging.

RESOLVED that:

6.1       The responses to the online survey and requests for changes to parking management in the borough be noted;

6.2       The prioritisation methodology be noted and the 2017/18 – 2018/19 programme for reviewing on-street parking management be approved;

6.3       The financial implications within this report be noted and a budget provision of £0.34m to deliver the programme be agreed;

6.4       The programme for implementing changes to on-street parking arrangements in prioritised areas be approved, subject to public consultation and further approval by Highways Committee;

6.5       The online information, guidance and application process for parking changes be agreed to remain in place, and that these requests be considered when developing future programmes for Cabinet approval in January each year, with six monthly interim reports providing information on levels of demand and programme progress to Highways Committee;

6.6       The lead officers be authorised to write to the lead petitioners to inform them of the decisions in relation to their petition, as set out in Appendix Aof the Cabinet report; and

6.7       Lead Officers’ responses to other requests be noted and approved, and comments related to policy decisions in paragraphs 4.22, 4.24 and in Appendix A to the Cabinet report, be considered outside of the scope of this review.

This report seeks approval of a proposed discretionary discount scheme to provide help to those businesses facing increases in their bills as a result of the revaluation of the rateable value which came into effect from 1 April 2017.  In view of the numbers of ratepayers who will be entitled to relief, this report also seeks to authorise the Chief Finance Officer to implement the scheme so that officers can award these discretionary reliefs which satisfy the set criteria detailed in the report.

RESOLVED:

17.1 The discretionary discount scheme (Revaluation Support) detailed in Appendix 1 of this report be approved pursuant to the Council’s powers under

section 47 of the Local Government Finance Act 1988;

17.2 The scheme be agreed for this financial year only, i.e., from 1 April 2017 to 31 March 2018. A further report will be presented to Cabinet in 2018 detailing the proposed schemes for 2018/19, 2019/20 and 2020/21 once actual scheme take up and cost is known for 2017/18 and whether or not funding allocations for each year can be moved from one year to another;

17.3 That the two schemes announced in the March budget (Support for Pubs and Supporting Small Businesses) and detailed in sections 4.0 – 5.3 of the Cabinet report be approved pursuant to the Council’s powers under section 47 of the Local Government Finance Act 1988; and

17.4 The Chief Finance Officer be authorised to implement the three schemes

as detailed in Appendix 1 and sections 4.0 – 5.3 of the Cabinet report so that the agreed discretionary discounts for business rates can be awarded in compliance with the scheme criteria.

Councillor Butt invited Dulcie Joseph, Chair of the Harlesden Businesses Association, to address Cabinet. Ms Joseph criticised the revaluation of business rates and how it had adversely affected businesses in Harlesden. She requested that Cabinet consider all shops on Craven Park for reduced business rates as part of a discretionary discount scheme. She thanked the Leader and senior officers for having visited Harlesden to discuss the issue.

Councillor Margaret McLennan, Deputy Leader of the Council, thanked Ms Joseph for her representation. She emphasised that the Council wanted to support all small businesses in the borough and that steps were being taken to achieve this. She referenced the recent introduction of Town Centre Managers and said that it was hoped this would assist in the support provided to businesses. She gave an overview of the report which detailed the Council’s discretionary discount scheme, designed to provide help to business who faced bill increases as a result of the rates revaluation. She encouraged any business who met the eligibility criteria to apply.

Councillor Tatler added that an increase in business rates had been caused by actions from central Government. She mentioned that Harlesden was an area with increased potential for businesses and that support to Harlesden would be included in the Regeneration, Growth, Employment and Skills portfolio. She also thanked Councillor Thomas (Harlesden Ward) for this attendance alongside Ms Joseph and for his continued work to improve the area.

RESOLVED that:

7.1       The discretionary discount scheme (Revaluation Support) detailed in Appendix 1 of this report be approved pursuant to the Council’s powers under section 47 of the Local Government Finance Act 1988;

7.2       The scheme be agreed for this financial year only, i.e., from 1 April 2017 to 31 March 2018. A further report will be presented to Cabinet in 2018 detailing the proposed schemes for 2018/19, 2019/20 and 2020/21 once actual scheme take up and cost is known for 2017/18 and whether or not funding allocations for each year can be moved from one year to another;

7.3       That the two schemes announced in the March budget (Support for Pubs and Supporting Small Businesses) and detailed in sections 4.0 – 5.3 of the Cabinet report be approved pursuant to the Council’s powers under section 47 of the Local Government Finance Act 1988; and

7.4       The Chief Finance Officer be authorised to implement the three schemes

as detailed in Appendix 1 and sections 4.0 – 5.3 of the Cabinet report so that the agreed discretionary discounts for business rates can be awarded in compliance with the scheme criteria.

At its meeting on 3 May 2017, the Resources and Public Ream Scrutiny Committee considered the attached task group report on Small and Medium-Sized Enterprises. The committee subsequently resolved that Cabinet be recommended to endorse the four recommendations set out in the Task Group report.

RESOLVED:

7.1 The contents of the task group’s report be noted;

7.2  The four recommendations made by the task group be approved; and

7.3 The development of an action plan across the council and partner organisations to take these forward be endorsed.

Councillor Butt invited Dulcie Joseph, Chair of the Harlesden Businesses Association, to address Cabinet. Ms Joseph criticised the revaluation of business rates and how it had adversely affected businesses in Harlesden. She requested that Cabinet consider all shops on Craven Park for reduced business rates as part of a discretionary discount scheme. She thanked the Leader and senior officers for having visited Harlesden to discuss the issue.

Councillor Margaret McLennan, Deputy Leader of the Council, thanked Ms Joseph for her representation. She emphasised that the Council wanted to support all small businesses in the borough and that steps were being taken to achieve this. She referenced the recent introduction of Town Centre Managers and said that it was hoped this would assist in the support provided to businesses. She gave an overview of the report which detailed the Council’s discretionary discount scheme, designed to provide help to business who faced bill increases as a result of the rates revaluation. She encouraged any business who met the eligibility criteria to apply.

Councillor Tatler added that an increase in business rates had been caused by actions from central Government. She mentioned that Harlesden was an area with increased potential for businesses and that support to Harlesden would be included in the Regeneration, Growth, Employment and Skills portfolio. She also thanked Councillor Thomas (Harlesden Ward) for this attendance alongside Ms Joseph and for his continued work to improve the area.

RESOLVED that:

7.1       The discretionary discount scheme (Revaluation Support) detailed in Appendix 1 of this report be approved pursuant to the Council’s powers under section 47 of the Local Government Finance Act 1988;

7.2       The scheme be agreed for this financial year only, i.e., from 1 April 2017 to 31 March 2018. A further report will be presented to Cabinet in 2018 detailing the proposed schemes for 2018/19, 2019/20 and 2020/21 once actual scheme take up and cost is known for 2017/18 and whether or not funding allocations for each year can be moved from one year to another;

7.3       That the two schemes announced in the March budget (Support for Pubs and Supporting Small Businesses) and detailed in sections 4.0 – 5.3 of the Cabinet report be approved pursuant to the Council’s powers under section 47 of the Local Government Finance Act 1988; and

7.4       The Chief Finance Officer be authorised to implement the three schemes

as detailed in Appendix 1 and sections 4.0 – 5.3 of the Cabinet report so that the agreed discretionary discounts for business rates can be awarded in compliance with the scheme criteria.

This report provides Cabinet with an update on the process for developing a detailed programme of fire safety works, following Council’s agreement of a £10million increase to the Council’s 2017/2018 Capital Programme, in order to meet the cost of enhancing the fire safety measures in the Council’s housing stock.

RESOLVED:

That the proposed process for developing a fully itemised and costed programme of fire safety work for Cabinet consideration and approval by October 2017 be noted.

Councillor Muhammed Butt, Leader of the Council, introduced the item which put forward the Council’s planned actions to develop the detailed work programme for enhanced fire measures in high-rise tower blocks, in accordance to additional funding being agreed at a meeting of Full Council on 10 July 2017.

Conrad Hall, the Council’s Chief Finance Officer, offered additional detail on the financial implications of the planned work. He emphasised that the Council position remained that the Government should fund the work but that there had not yet been a response to the Council’s request for additional funding. He explained that in the event that the Government rejected the request for funding, an alternative financial route would need to be taken by the Council. He stated that further consideration would need to be given to the proposals and that a detailed funding plan would be brought to Cabinet in October 2017 along with an in-depth programme of works.

RESOLVED that the proposed process for developing a fully itemised and costed programme of fire safety work for Cabinet consideration and approval by October 2017 be noted.

In June 2016, Cabinet approved the procurement of the care and support service in 4 extra care schemes. Unfortunately in July 2016 the incumbent provider gave notice to the Council as we were unable to come to an agreement on long term fees rates for this service. Interim arrangements were established but will expire at the end March 2018. Two opportunities have arisen from these circumstances: 1) to increase the length of contracts for care and support services in extra care in response to tenant and provider feedback; and 2) to bring all the care and support contracts into one tender, thereby achieving better value for money for the Council.

RESOLVED:

8.1 Approval to procure from the existing Accommodation Plus Services DPS, Lot 4.1 Care and Support Services be given, with an estimated combined value of £54.1 million and the issue of the invitation of tenders for the care and support service within 8 Extra Care Schemes (ECS’s) be approved, leading to an award of approximately three contracts with winning providers;

8.2 Approval for procurement via the DPS of contracts with a length of five years plus up to two years extension period for each contract be given; and

8.3 Approval be given to officers to evaluate the tenders referred to in 8.1 above on the basis of the evaluation criteria set out in section 7.6 of the Cabinet report.

Councillor Krupesh Hirani, Cabinet Member for Community Wellbeing, introduced the report which requested Cabinet approval in order to procure contracts to assist the delivery of the New Accommodation for Independent Living (NAIL) project. He outlined that eight extra care schemes were proposed, as detailed within the report, and that an invitation of tenders had been proposed for the award of three contracts in due course.

Councillor Southwood indicated that it would be important to build feasibility assessments into the procurement process. Councillor McLennan spoke in support of the proposals and said she would welcome a visit from the Secretary of State for Communities and Local Government, Sajid Javid MP, to see the Council’s innovation in this area.

RESOLVED that:

10.1    Approval to procure from the existing Accommodation Plus Services DPS, Lot 4.1 Care and Support Services be given, with an estimated combined value of £54.1 million and the issue of the invitation of tenders for the care and support service within 8 Extra Care Schemes (ECS’s) be approved, leading to an award of approximately three contracts with winning providers;

10.2    Approval for procurement via the DPS of contracts with a length of five years plus up to two years extension period for each contract be given; and

10.3    Approval be given to officers to evaluate the tenders referred to in 8.1 above on the basis of the evaluation criteria set out in section 7.6 of the Cabinet report.

This report provides Cabinet with an update to the School Place Planning Strategy 2014-18 that was approved by Cabinet in October 2014 and updated in November 2015.

RESOLVED:

9.1 The refresh of the Brent Pupil Place Planning Strategy be approved as outlined in Appendix 1;

9.2 The fact that demand for Reception places from September 2017 is expected to reduce over the next few years, before recovering to near 2017 levels, be noted. This reduced demand is underpinned by lower birth rates. As birth rates fluctuate and further housing developments are delivered, it is possible that projections may be revised upwards. It is likely that there will be growth and continued pressures in some areas of the Borough or in specific year groups;

9.3 The fact that the demand for secondary places is forecast to increase and outstrip supply by 2020 be noted. The equivalent of two additional secondary schools will be needed by the 2023/24 academic year. This capacity could be provided through a combination of new schools and expanded provision;

9.4 The fact that that the number of children and young people with Education. Health and Care (EHC) Plans is expected to increase be noted. Exclusions from schools are also on an upward trend and many of these pupils have complex needs; and

9.5 The strategy for meeting additional SEND places be noted.

Councillor Mili Patel, Cabinet Member for Children and Young People, introduced the report which requested that Cabinet approves a refresh of the Council’s School Place Planning Strategy. Members heard that the report reflected analysis from the Greater London Authority (GLA) which indicated that: demand for reception places from September 2017 was expected to reduce; demand for secondary places was expected to increase and outstrip supply by 2020; that the number of children and young people with Education, Health and Care Plans (EHC) were expected to increase; and that a strategy needed to be developed and agreed to meet additional SEND places.

Gail Tolley, the Council’s Strategic Director, Children and Young People, said that, as things stood, there were only three schools in the borough which were not good or outstanding, which meant the Council was in a strong position to address the placement issues outlined within the report. She explained that provisions for additional secondary school places were complex and that the Council would have to be proactive in its approach. She directed Members to the options, detailed under paragraph 5.0 of the report.

Councillor Farah stated that the pressing nature of this issue meant that it was very important that the Council got the message out quickly to relevant stakeholders about the need to work with the Council to develop a clear strategy on this. Councillor Butt added that partnership working to deliver the additional places would be vital over the next few years.

RESOLVED that:

11.1    The refresh of the Brent Pupil Place Planning Strategy be approved as outlined in Appendix 1;

11.2    The fact that demand for Reception places from September 2017 is expected to reduce over the next few years, before recovering to near 2017 levels, be noted. This reduced demand is underpinned by lower birth rates. As birth rates fluctuate and further housing developments are delivered, it is possible that projections may be revised upwards. It is likely that there will be growth and continued pressures in some areas of the Borough or in specific year groups;

11.3    The fact that the demand for secondary places is forecast to increase and outstrip supply by 2020 be noted. The equivalent of two additional secondary schools will be needed by the 2023/24 academic year. This capacity could be provided through a combination of new schools and expanded provision;

11.4    The fact that that the number of children and young people with Education. Health and Care (EHC) Plans is expected to increase be noted. Exclusions from schools are also on an upward trend and many of these pupils have complex needs; and

 11.5   The strategy for meeting additional SEND places be noted.

This report seeks an exemption from the procurement requirements of the Council’s Contract Standing Orders and approval to award contracts for the placement of children and young people in: Additionally Resourced Provision (ARP) provided by academies for the academic year 2017/18; and the Choice, Advice and Fair Access Interview (CAFAI) Service and related specialist English as an Additional Language (EAL) provisions provided by academies for the academic year 2017/18. 

RESOLVED:

10.1 An exemption from the procurement requirements of the Council’s Contract Standing Order No 96 be agreed in respect of contracts for the provision of:

a)    Additionally Resourced Provision (ARP) for the academic year 2017/18.

b)    The Choice, Advice and Fair Access Interview Service and specialist English as an Additional Language (EAL) provisions for the academic year 2017/18.

10.2 The award of the contracts referred to in Recommendation 10.1 for the academic year 2017/18 above be approved to the schools listed in Tables 1 and 2 of this report; and

10.3 The fact that the costs of the proposed contracts referred to in recommendation 10.2 would be fully met from the DSG be noted.

Councillor Mili Patel, Cabinet Member for Children and Young People, introduced the report and explained that Cabinet needed to agree to an exemption from the procurement requirements within the Council’s Contract Standing Orders in order to award contracts for the placement of children and young people in Additional Resourced Provisions; Choice, Advice, and Fair Access Interview Services (CAFAI) and English as an Additional Language (EAL) provisions for the 2017-2018 academic year. She explained that these services were to be provided by academies during the upcoming academic year. 

RESOLVED that:

12.1    An exemption from the procurement requirements of the Council’s Contract Standing Order No 96 be agreed in respect of contracts for the provision of:

a)    Additionally Resourced Provision (ARP) for the academic year 2017/18.

b)    The Choice, Advice and Fair Access Interview Service and specialist English as an Additional Language (EAL) provisions for the academic year 2017/18.

12.2    The award of the contracts referred to in Recommendation 10.1 for the academic year 2017/18 above be approved to the schools listed in Tables 1 and 2 of this report; and

12.3    The fact that the costs of the proposed contracts referred to in recommendation 10.2 would be fully met from the DSG be noted.

The Council is required to present its accounts, approved by the Chief Finance Officer, for audit by 30 June. Following the completion of the audit of the accounts the Audit Committee will receive a report on the audit from KPMG and be asked to approve the accounts for publication.  Although the presentation of the draft accounts to Cabinet is not part of the formal decision making process it enables members to gain an understanding of the financial statements and raise any issues at an early stage of the process.

RESOLVED that the draft accounts be noted.

Councillor Margaret McLennan, Deputy Leader of the Council, introduced the report which presented Cabinet with the Council’s draft Statement of Accounts in order to allow Cabinet members an opportunity to attain a more complete understanding of the process and so that identified issues could be raised at an early stage. Councillor McLennan thanked Conrad Hall, the Council’s Chief Finance Officer, and his team for their work in putting together the draft statement.

RESOLVED that the draft accounts be noted.

This report updates members on Treasury Management activity and confirms that the Council has complied with its Prudential Indicators for 2016/17. Cabinet is asked to consider the 2016/17 Treasury Management outturn report, and ask that it be forwarded to Council, in compliance with CIPFA’s Code of Practice on Treasury Management (the Code).

RESOLVED:

12.1 The 2016/17 Treasury Management outturn report be noted; and

12.2 The 2016/17 Treasury Management outturn report  be forwarded to Council, in compliance with CIPFA’s Code of Practice on Treasury Management (the Code).

Councillor Margaret McLennan, Deputy Leader of the Council, introduced the report which provided an update to Members on Treasury Management activity and confirmed that the Council had complied with its prudential indicators for 2016/2017. She directed Members to the full content of the report.

RESOLVED that:

14.1    The 2016/17 Treasury Management outturn report be noted; and

14.2    The 2016/17 Treasury Management outturn report be forwarded to Council, in compliance with CIPFA’s Code of Practice on Treasury Management (the Code).

This report presents a review of the council’s financial position to support reflection on Brent’s future financial strategy. The report introduces considerations that will need to be taken into account when considering the council’s approach to budgeting for 2019/20 and beyond. It sets out the changes to the local authority finance regime in its various components – business rates devolution, schools, integration with health services and finance and so on – and the strategic consequences of these for Brent, linked to the local factors that will influence decisions on those.

RESOLVED:

13.1. The July Finance Review report be noted;

13.2. The budget adjustments set out in Appendix A be agreed for service areas to enable spend to be contained within agreed budgets for 2017/18;

13.3. The Capital budgets be noted and authority be delegated to the Chief Finance Officer to re-profile 2016/17 carry-forward budgets as required;

13.4 The recent developments for Business Rates devolution from 2019/20 be noted and that further updates be brought to Cabinet as the legislative

position becomes clearer;

13.5. Cabinet delegated to the Chief Finance Officer, in consultation with the Leader of the Council, authority to enter into negotiations in respect of participating in a pilot business rates pool for London in 2018/19. Cabinet agreed that a report be presented in autumn 2017 to clarify the position regarding the pilot;

13.6 The position on the School funding reform proposals be noted;

13.7 The effects of further integration with NHS services be noted and the use of the Improved Better Care Fund to increase the Adult Social Care base budget be agreed;

13.8. The financial implications of the Homelessness Reduction Act be noted and the use of the new Flexible Homelessness Support Grant to increase the Community Wellbeing base budget be approved; and

13.9. That Cabinet’s intention, as previously announced and subject to  consultation and any other material changes to circumstances, to increase council tax by 3.99% in 2018/19 be confirmed, on the basis that this meant that no new savings proposals needed to be developed.

Councillor Margaret McLennan, Deputy Leader of the Council, introduced the report and reminded Cabinet that since 2010 the Council had delivered against a series of challenging financial targets, using a combination of effective financial management and cost control and more innovative approaches to investment and demand management. She noted that the effectiveness of this approach had been recognised by the Local Government Association (LGA) as Brent’s financial planning, management, and culture of financial accountability had been identified as key strengths in a recent LGA peer review. Councllor McLennan drew Members’ attention to some of the key sections of the report (paragraph 1.5 on page 262 to the Agenda pack):

·         Recommendations for cabinet to approve;

·         Overview of the financial and macro-economic climate following the general election;

·         Issues arising from review of the 2017/18 budgets as at May 2017;

·         Implications of business rates devolution;

·         Consequences of national school funding reforms in Brent;

·         Effects of further financial integration with NHS services;

·         Effects of the Homelessness Reduction Act and the Flexible Homelessness Support; and

·         Revised forecast saving targets for 2018/19 to 2021/22.

RESOLVED that:

15.1    The July Finance Review report be noted;

15.2    The budget adjustments set out in Appendix A be agreed for service areas to enable spend to be contained within agreed budgets for 2017/18;

15.3    The Capital budgets be noted and authority be delegated to the Chief Finance Officer to re-profile 2016/17 carry-forward budgets as required;

15.4    The recent developments for Business Rates devolution from 2019/20 be noted and that further updates be brought to Cabinet as the legislative position becomes clearer;

15.5    Cabinet delegated to the Chief Finance Officer, in consultation with the Leader of the Council, authority to enter into negotiations in respect of participating in a pilot business rates pool for London in 2018/19. Cabinet agreed that a report be presented in autumn 2017 to clarify the position regarding the pilot;

15.6    The position on the School funding reform proposals be noted;

15.7    The effects of further integration with NHS services be noted and the use of the Improved Better Care Fund to increase the Adult Social Care base budget be agreed;

15.8    The financial implications of the Homelessness Reduction Act be noted and the use of the new Flexible Homelessness Support Grant to increase the Community Wellbeing base budget be approved; and

15.9    That Cabinet’s intention, as previously announced and subject to  consultation and any other material changes to circumstances, to increase council tax by 3.99% in 2018/19 be confirmed, on the basis that this meant that no new savings proposals needed to be developed.

This report sets out the current forecasts of income and expenditure against the revenue budget for 2017/18 and other key financial data. 

RESOLVED that the overall financial position and the actions being taken to manage the issues arising be noted.

Councillor Margaret McLennan, Deputy Leader of the Council, introduced the report which set out the Council’s overall financial position with an outline of any variance on spend within the Council’s different directorates and the detail on the actions being taken by each service area to address any notable issues which had arisen. She noted that the Council continued to face difficult financial challenges in the face of reductions of the central government Revenue Support Grant (RSG) but the report provided assurance that the Council had acted to manage risks accordingly.

Councillor Miller commented on paragraph 3.25 and said it was important to address the key reasons why contracts were being re-let with no negotiated saving.

RESOLVED that the overall financial position and the actions being taken to manage the issues arising be noted.

This report informs Cabinet of the Council’s use and conduct of covert surveillance techniques when investigating serious criminal offences relying on the powers made available to local authorities in Part II of the Regulation of Investigatory Powers Act 2000 (RIPA).

RESOLVED:

15.1 The Council’s policy and procedures on RIPA be approved, as appended to this report, and the document be kept under review and updated by the Monitoring Officer as and when necessary; and

15.2 The oversight role of the Monitoring Officer and the Audit Advisory Committee be noted.

Councillor Muhammed Butt, Leader of the Council, introduced the report which informed Cabinet of the Council’s use and conduct of covert surveillance techniques when investigating serious criminal offences relying on the powers made available to local authorities in Part II of the Regulation of Investigatory Powers Act 2000 (RIPA). Councillor Butt referred to Brent Council’s RIPA Policy and Procedures presented in the appendix to the Cabinet report (pages 321-338 to the Agenda pack). He informed Cabinet that RIPA made surveillance authorised in accordance with the statutory framework and thereby protected the Council from legal claims and complaints and ensured that the evidence it relied upon in prosecutions was admissible. Councillor Butt clarified that covert surveillance techniques included static surveillance; mobile surveillance; and using hidden CCTV at a crime hotspot. Cabinet heard that in addition to the current legislation, the Council’s policies and procedures were informed by statutory codes of practice issued by the Home Office in December 2014. Namely, the Covert Surveillance etc. Code of Practice and Covert Human Intelligence Sources Code of Practice. Moreover, the Council’s use of its RIPA powers had been diminishing in recent years, with RIPA powers predominantly used to enforce trading standards controls such as test purchases of age restricted products.

RESOLVED that:

17.1    The Council’s policy and procedures on RIPA be approved, as appended to this report, and the document be kept under review and updated by the Monitoring Officer as and when necessary; and

17.2    The oversight role of the Monitoring Officer and the Audit Advisory Committee be noted.

This report requests approval to participate in collaborative procurement with the London Borough Legal Alliance ("LBLA”) for the establishment of a framework for provision of solicitors services. As the proposed procurement is to be led by the London Borough of Hackney, approval is also sought as required by Contract Standing Order 85 to using that borough’s Contract Standing Orders and Financial Regulations.

RESOLVED:

16.1 The Council’s participation in a collaborative procurement led by the London Borough of Hackney to establish a framework for solicitors’ services be approved;

16.2 The collaborative procurement exercise detailed in 16.1 above be agreed to be exempt from the normal requirements of Brent Council’s Contract Standing Orders and Financial Regulations for good operational and/or financial reasons in accordance with the Contract Standing Order 84(a) and 85(c); and

16.3 The pre-tender considerations set out in paragraph 3.8.1 of the Cabinet report be noted.

Councillor Muhammed Butt, Leader of the Council, introduced the paper which requested approval to participate in collaborative procurement with the London Borough Legal Alliance ("LBLA”) for the establishment of a framework for provision of solicitors’ services. As the proposed procurement was to be led by the London Borough of Hackney, approval was also sought as required by Contract Standing Order 85 to using that borough’s Contract Standing Orders and Financial Regulations. Councillor Butt informed Cabinet that the framework arrangement would be made up of the same two Lots as the current framework:

·        Lot 1 - Complex Regeneration, Development, Property and Planning; and

·        Lot 2 - General Legal Work.

RESOLVED that:

18.1    The Council’s participation in a collaborative procurement led by the London Borough of Hackney to establish a framework for solicitors’ services be approved;

18.2    The collaborative procurement exercise detailed in (i) above be agreed to be exempt from the normal requirements of Brent Council’s Contract Standing Orders and Financial Regulations for good operational and/or financial reasons in accordance with the Contract Standing Order 84(a) and 85(c); and

18.3    The pre-tender considerations set out in paragraph 3.8.1 of the Cabinet report be noted.

The report relates to Chippenham Gardens, which is a fundamental part of the South Kilburn Regeneration Programme. The Site comprises of 5-9 Chippenham Gardens, Kilburn Park Post Office and 4-26 Stuart Road (even numbers only) together defined as “Chippenham Gardens” (see appendix 1 – Existing Site Plan). This report provides Cabinet with an update on the Chippenham Gardens project and seeks to reaffirm and confirm the use of the Compulsory Purchase Order (CPO) powers in order to secure vacant possession in order to bring forward the site for redevelopment within a timely manner and to meet the decant programme.

RESOLVED:

19.1 The updated information referred to in the Cabinet report be noted;

19.2 The Council’s Statement of Case dated 16 December 2016 be noted and endorsed; and

19.3 All steps to make, confirm and implement the London Borough of Brent (South Kilburn Regeneration– Land North of Chippenham Gardens) Compulsory Purchase Order be reaffirmed and authorised.

Councillor Shama Tatler, Cabinet Member for Regeneration, Growth, Employment and Skills, introduced the report and informed Cabinet that it related to Chippenham Gardens, which was a fundamental part of the South Kilburn Regeneration Programme. She clarified that the site consisted of 5-9 Chippenham Gardens, Kilburn Park Post Office and 4-26 Stuart Road (even numbers only) together defined as ‘Chippenham Gardens’. Councillor Tatler said that the report provided Cabinet with an update on the project and sought to reaffirm and confirm the use of the Compulsory Purchase Order (CPO) powers in order to secure vacant possession in order to bring forward the site for redevelopment with a timely manner and to meet the decant programme. Councillor Tatler provided background information about the site (paragraphs 3.1 to 3.16 on pages 390-393 to the Agenda pack) and explained the alternative options that had been considered (paragraphs 3.17 to 3.27 on pages 393-395 to the Agenda pack).

RESOLVED that:

19.1    The updated information referred to in the Cabinet report be noted;

19.2    The Council’s Statement of Case dated 16 December 2016 be noted and endorsed; and

19.3    All steps to make, confirm and implement the London Borough of Brent (South Kilburn Regeneration– Land North of Chippenham Gardens) Compulsory Purchase Order be reaffirmed and authorised.

This report seeks Cabinet approval to a procurement strategy for the appointment of an architecturally led multidisciplinary design team for the comprehensive redevelopment of Neville House, 1-64 Winterelys and 113-128 Carlton House and Carlton Hall, being part of Phase 4 of the South Kilburn regeneration programme and together defined as the Existing Site.

RESOLVED:

20.1 The procurement of an architecturally led multidisciplinary design team be approved to develop up to and including a RIBA Stage 3 detailed planning application and specification, with the option of taking the design to RIBA Stage 4, for comprehensive redevelopment of Neville House, 1-64 Winterelys and 113-128 Carlton House and Carlton Hall by either:

·         Calling off an appropriate OJEU compliant framework; and evaluating those tenders in accordance with the relevant Framework; or alternatively

·         Inviting tenders using a restricted procedure under the Public Contracts Regulations 2015 on the basis of the pre-tender considerations set out in paragraph 5.4, of the Cabinet report and evaluating the tenders on the basis of the evaluation criteria set out in Appendix 2;

20.2 The Strategic Director of Regeneration and Environment, in consultation with the Lead Member Regeneration, Growth, Employment and Skills, be delegated the decision as to the procurement options detailed in paragraph 20.1 above for the reasons detailed in paragraph 3.8 of the Cabinet report; and

20.3 The intention to report back to Cabinet to seek approval to award the proposed contract, once a preferred design team has been identified be noted.

The report was presented by Councillor Shama Tatler, Cabinet Member for Regeneration, Growth, Employment and Skills, who informed Cabinet that the paper sought approval of a procurement strategy for the appointment of an architecturally led multidisciplinary design team for the comprehensive redevelopment of Neville House, 1-64 Winterelys and 113-128 Carlton House and Carlton Hall, which were part of Phase4 of the South Kilburn regeneration programme. Councillor Tatler referred to paragraphs 3.5 to 3.11 on pages 485 and 486 to the Cabinet Agenda which detailed officers’ intention to procure a design team to prepare a Royal Institute of British Architects (RIBA) 3 detailed planning application and specification, with the option of taking this to RIBA 4 stage (technical design). Councillor Tatler noted that this would allow for comprehensive development of the site so the delivery of new homes in South Kilburn could continue at a pace to meet the programme’s decant requirements and Masterplan timelines.

RESOLVED that:

20.1    The procurement of an architecturally led multidisciplinary design team be approved to develop up to and including a RIBA Stage 3 detailed planning application and specification, with the option of taking the design to RIBA Stage 4, for comprehensive redevelopment of Neville House, 1-64 Winterelys and 113-128 Carlton House and Carlton Hall by either:

·         Calling off an appropriate OJEU compliant framework; and evaluating those tenders in accordance with the relevant Framework; or alternatively

·         Inviting tenders using a restricted procedure under the Public Contracts Regulations 2015 on the basis of the pre-tender considerations set out in paragraph 5.4, of the Cabinet report and evaluating the tenders on the basis of the evaluation criteria set out in Appendix 2;

20.2    The Strategic Director of Regeneration and Environment, in consultation with the Lead Member Regeneration, Growth, Employment and Skills, be delegated the decision as to the procurement options detailed in (i) above for the reasons detailed in paragraph 3.8 of the Cabinet report; and

20.3    The intention to report back to Cabinet to seek approval to award the proposed contract, once a preferred design team has been identified be noted.

RESOLVED:

21.1 The issuing of an non-immediate Article 4 Direction removing permitted development rights for Office (B1(a)), Light Industrial (B1(b)) and Storage or Distribution Centre (B8) to Residential (C3) within Strategic Industrial Areas, Locally Significant Industrial Sites and the Alperton Growth Area be approved;

21.2 The issuing of an non-immediate Article 4 Direction removing permitted development rights for Office (B1(a)) within the Wembley Growth Area be approved; and

21.3 Consideration of the consultation responses and the decision on whether to confirm the Article 4 direction be delegated to the Director of Regeneration and Environment in association with the Lead Member for Regeneration, Growth, Employment and Skills.

Councillor Shama Tatler, Cabinet Member for Regeneration, Growth, Employment and Skills, introduced the report which set out the impact that the existing and proposed permitted development rights had had, or could have in the future. Councillor Tatler informed Cabinet the paper proposed the making of an Article 4 Direction for parts of the Borough which would remove the permitted development rights for Office (B1(a)), Light Industrial (B1(b) and Storage or Distribution Centre (B8) to Residential (C3) and would reinstate the need for an express grant of planning permission and as such in the areas in which the Article 4 would have applied, reinstated the primacy of the development plan in shaping the future development of the Borough. Cabinet heard that Article 4 would apply to the areas of Brent which were identified as Growth Areas, Strategic Employment Locations and Locally Significant Industrial Sites where the Council was still the local planning authority. Councillor Tatler added that the Old Oak and Park Royal Development Corporation (OPDC) had already adopted a non-immediate Article 4 direction to prevent change of use of offices and light industrial to residential in its Strategic Industrial Locations (including those in Brent where OPDC was planning authority).  She said that it was proposed that the Article 4 direction to come into force 12 months after consultation commenced and highlighted that a confirmation would be required after consideration of consultation responses.

RESOLVED that:

21.1    The issuing of an non-immediate Article 4 Direction removing permitted development rights for Office (B1(a)), Light Industrial (B1(b)) and Storage or Distribution Centre (B8) to Residential (C3) within Strategic Industrial Areas, Locally Significant Industrial Sites and the Alperton Growth Area be approved;

21.2    The issuing of an non-immediate Article 4 Direction removing permitted development rights for Office (B1(a)) within the Wembley Growth Area be approved; and

21.3    Consideration of the consultation responses and the decision on whether to confirm the Article 4 direction be delegated to the Director of Regeneration and Environment in association with the Lead Member for Regeneration, Growth, Employment and Skills.

The Statement of Community Involvement explains how the Council will involve local communities and other interested parties when it prepares its planning policies and determines planning applications. A draft Brent Statement of Community Involvement underwent consultation between 30th March and 4th May 2017.  This report sets out the results of the consultation feedback, officer responses and where necessary recommended changes to the document.  It seeks the agreement of Cabinet to adopt the amended Statement of Community Involvement.

RESOLVED:

22.1 The consultation representations received on the draft Statement of Community Involvement, officer responses and recommended amendments to the document as set out in Appendix 1 of the Cabinet report, be considered;

22.2 The adoption of the Statement of Community Involvement as set out in Appendix 2 of the Cabinet report be approved; and

22.3 The Interim Statement of Community Involvement issued in 2006 be revoked.

Councillor Shama Tatler, Cabinet Member for Regeneration, Growth, Employment and Skills, presented The Statement of Community Involvement which explained how the Council would involve local communities and other interested parties when it prepared its planning policies and determined planning applications. She reminded Cabinet that the existing Interim Statement had been adopted in 2006 and said that an update was necessary due to changes in legislation and a forthcoming review of the Local Plan. Councillor Tatler informed Members that a draft Statement had been subject to consultation between 30 March and 4 May 2017 and that the report presented to Cabinet set out the results of the consultation feedback, officer responses and recommended changes to the document. She drew Members’ attention to section 4 of the report (pages 521-524 to the Agenda pack) which presented a brief overview of responses. 

RESOLVED that:

22.1    The consultation representations received on the draft Statement of Community Involvement, officer responses and recommended amendments to the document as set out in Appendix 1 of the Cabinet report, be considered;

22.2    The adoption of the Statement of Community Involvement as set out in Appendix 2 of the Cabinet report be approved; and

22.3    The Interim Statement of Community Involvement issued in 2006 be revoked.

Brent entered into an eight year contract on 1 April 2013 to provide a range of highway services, including reactive maintenance works, through the London Highways Alliance Contract (LoHAC). The appointed contractor is Conway Aecom. Bringing the inspection regime in-house and paying for the services through the Schedule of Rates, rather than Lump Sum will provide officers with more control to choose where and when repairs are ordered and enables a more responsive approach to dealing with members’ reports and ordering multiple repairs within a specified area. The overall budget for this work will remain the same. This report outlines the negotiations to date and proposed way forward to deliver reactive highway maintenance. 

RESOLVED:

23.1 The ’in principle’ negotiated agreement for a variation of the existing Lump Sum as set out in section 4 of the Cabinet report be approved; and

23.2 Powers be delegated to the Strategic Director, Regeneration and Environment, in consultation with the Lead Member for Environment, to finalise negotiations, on agreement, on the terms for the Deed of Variation.

Councillor Eleanor Southwood, Cabinet Member for Environment, reminded Cabinet that Brent had entered into an eight-year contract on 1 April 2013 to provide a range of highway services, including reactive maintenance works, through the London Highways Alliance Contract (LoHAC). Councillor Southwood thanked the appointed contractor, Conway Aecom, for their work and noted that current arrangement had an inherent source of tension related to classification of defects and the subsequent covering of repair costs. In a nutshell, defects classes as High priority were included in the Lump Sum, while the cost for repairing Medium priority defects had to be covered by the Council, leading to disagreements over categorisation of defects. Councillor Southwood said that bringing the inspection regime in-house and paying for the services through the Schedule of Rates, rather than Lump Sum would provide officers with more control to choose where and when repairs were ordered and would enable a more responsive approach to dealing with members’ reports and ordering multiple repairs within a specified area. She noted that the overall budget for this work would remain the same, with officers exploring innovative ways of addressing potholes though Brent’s planned maintenance programme.

RESOLVED that:

23.1    The ’in principle’ negotiated agreement for a variation of the existing Lump Sum as set out in section 4 of the Cabinet report be approved; and

23.2    Powers be delegated to the Strategic Director, Regeneration and Environment, in consultation with the Lead Member for Environment, to finalise negotiations, on agreement, on the terms for the Deed of Variation.

This report seeks approval for funds of up to £17.8 million to accelerate the delivery of the public realm.  This is relation to two zones.  One between Wembley Park underground station and the northern edge of Fulton Road (Zone B).  The other will be for replacing the Wembley National Stadium ‘pedway’ with steps including public realm works from the foot of the pedway to the stadium (Zone C) to ensure delivery prior to Euro2020. 

RESOLVED:

24.1 A contribution of up to £17.8 million towards the delivery of the Olympic Way Zones B and C be approved;

24.2 Such a contribution would be contingent on Quintain:

a) Not pursuing development of site NW04 adjacent to the Civic Centre to the extent currently permitted in the parameters plans associated with outline planning permission 10/3032.

b) Working with the Council to deliver a development that better complements the role and setting of the Civic Centre, in particular creating a significant new square outside the Civic Centre Library.

c) Agreeing a business plan and heads of terms, between Quintain and the council, for the future sharing and reinvestment of net income  generated through assets on Olympic Way; and

24.3 A future report be bought to it in relation to designating Olympic Way as an “Area of Special Interest”.

Councillor Shama Tatler, Cabinet Member for Regeneration, Growth, Employment and Skills, introduced the item and spoke about the regeneration of Wembley and the need to support the ongoing transformation of the area into a thriving, attractive environment. Councillor Tatler informed Cabinet there was scope to use some of the strategic Community Infrastructure Levy (CIL) funds which had been raised as a consequence of development in the area, to invest in the public realm along Olympic Way. She said that enhancing the public realm was a key element in a step change of the positive experience the Council was aiming to achieve for residents and visitors, including an environment which would encourage people to dwell both before and after events. In addition, the arrangement would also ensure that the space outside the Civic Centre, currently subject to a planning permission which could be implemented, was used to contribute to the proposed educational quarter and provide more of a public square. Councillor Tatler said that this would be a joint project with Quintain and the Stadium and referred to a letter from Quintain (see Appendix 1 to the report on page 605 to the Agenda pack). She added that the report sought the approval for funds up to £17.8 million to accelerate the delivery of the public realm in two zones – B and C, with public realm works Zone A being entirely funded by Quintain (see page 594-602 to the Agenda pack).

Councillor Miller commented that the proposal was focused on a concentrated area, but it would have significant national impact. In relation to the rest of the Community Infrastructure Levy contribution, Councillor Tatler confirmed that options to spend it across the Borough would be considered.   

RESOLVED that:

24.1    A contribution of up to £17.8 million towards the delivery of the Olympic Way Zones B and C be approved;

24.2    Such a contribution would be contingent on Quintain:

a)     Not pursuing development of site NW04 adjacent to the Civic Centre to the extent currently permitted in the parameters plans associated with outline planning permission 10/3032.

b)     Working with the Council to deliver a development that better complements the role and setting of the Civic Centre, in particular creating a significant new square outside the Civic Centre Library.

c)     Agreeing a business plan and heads of terms, between Quintain and the council, for the future sharing and reinvestment of net income  generated through assets on Olympic Way; and

24.3    A future report be bought to it in relation to designating Olympic Way as an “Area of Special Interest”.

None.

None.

None.

None.

Any decisions taken urgently under this heading must comply with the provisions outlined in Standing Order 16 (a) of the Council’s Constitution.

None.

None.