Agenda and decisions

Apologies for absence were received from Councillors Kelcher, Miller, Mili Patel, Ketan Sheth, Krupa Sheth and Southwood.

To confirm as a correct record, the minutes of the Council meeting held on Monday 10 July 2023.

AGREED that the minutes of the Council meeting held on Monday 10 July 2023 be approved as a correct record.

Eligible for Call-In: No

Members are invited to declare at this stage of the meeting, the nature and existence of any relevant disclosable pecuniary or personal interests in the items on this agenda and to specify the item(s) to which they relate.

The following interests were declared at the meeting:

(a)    Agenda Item 8 Petitions – Protection of Brents Parks & Open Spaces:

·             Councillor Lorber declared a personal interest as a Director and Trustee of Barham Park Community Library given the reference to Barham Park within the motion.

·             Councillor Donnelly-Jackson declared a personal interest as a Trustee of Actionspace who were an art based Charity supporting emerging and established artists with learning disabilities that had used studio space provided through ACAVA (one of the tenant organisations in the Barham Park building).

(b)    Agenda Item 18.3: Motion – Rogue Landlords

·             Councillors Ahmed, Dixon, Ethapemi, Hirani, Johnson, Kansagra and J.Patel all declared a personal interest as landlords within the borough;

·             Councillors Ahmadi Moghaddam & Rubin declared a personal interest  as members of Brent Renters Union;

·             Councillor Donnelly-Jackson declared a personal interest given her previous involvement in the Action for Renters campaign.

To receive any announcements from the Mayor.

Announcements from the Mayor were noted in relation to:

·             100^th birthday celebration

·             Brent Health & Social Care Awards

·             Organ Donation Week

·             Paryushan Festival

·             Remembering victims of the earthquake in Morocco & flooding in Libya

·             Commemoration following the death of Fran Pearson (Independent Chair of Brent Adult Safeguarding Board and Safeguarding Children’s Partnership)

·             Commemoration following the death of former Councillor Ruth Moher – including personal tributes from Councillors M.Butt, Tatler, Kansagra, Mahmood, Mistry, Kabir, Lorber & Nerva followed by a minutes silence in her memory.

·             Petitions

Eligible for Call-In: No

To agree any appointments to Committees and Outside Bodies in accordance with Standing Order 30(g).

(Agenda republished on 18 September 2023 to include the list of appointments)

AGREED

(1)    To note that the Leader of the Council had appointed Councillor Tatler to cover the role of Deputy Leader and Cabinet Member for Finance, Resources & Reform during Councillor Mili Patel’s period of maternity leave.  This was in addition to Councillor Tatler’s existing remit as Cabinet Member for Regeneration, Planning & Growth.

(2)    The following changes in committee membership:

(a)    General Purposes Committee – Councillor Farah to replace Councillor Mili Patel as a full member with Councillor Tatler to be appointed as Vice-Chair.  Councillor Farah to be replaced by a vacancy as substitute member.

(b)    Health & Wellbeing Board – Councillor Tatler to replace Councillor Mili Patel as a full member.

(c)    Joint Borough IT Committee Brent, Lewisham & Southwark – To note that the Leader of the Council had appointed Councillor Tatler to replace Councillor Mili Patel as a full member and Brent’s lead as Chair.

(d)    Barham Park Trust Committee – To note that the Leader of the Council had appointed Councillor Knight to replace Councillor Mili Patel as a full member with an accompanying vacancy as substitute member.

(3)    The following change in appointments to Outside Bodies:

To hear any deputations requested by members of the public in accordance with Standing Order 32.

Members are asked to note that the following deputation is due to be received at the meeting:

Future of Barham Park (Deputation to be made by the Sudbury Matters Forum)

NOTED the deputation received from Satvinder Riyat (representing Sudbury Matters Forum as a local community group) regarding the future of Barham Park.  In thanking the Mayor for the opportunity to present her deputation, she began by outlining the history of Barham Park and its buildings and nature of their gift as a community asset by Titus Barham in 1937, on the basis of the Council acting as sole Trustee.  In noting the current governance arrangements, with the Council discharging its duties as Trustee through the Barham Park Trust Committee and the Council supporting the Trust in terms of the maintenance and upkeep of the Park and its facilities, the Sudbury Matters Forum (having recognised the limited awareness amongst residents of the Parks status) were keen to ensure that the local community had the opportunity to establish a mechanism and voice that could be used to assist in shaping and securing the future use and management of the Park and its buildings.  This was felt to be particularly important given the feasibility exercise currently being undertaken by the Trust, with Satvinder Riyat announcing that as a result the Forum were now in the process of establishing a “Friends of Barham Park” Group.

The aim of the Group was to ensure that local residents, as the beneficiaries of the Park following its gift as a community asset, were able to have a voice in its future.  Satvinder Riyat advised that the Friends Group was being established as an independent, inclusive and non-partisan body which all interested parties would be welcome to join (irrespective of their proximity to the Park) in order to ensure that it was as representative of the diverse communities across Brent as possible.  Members were advised that the key aim of the Group would be to preserve the historical and ecological value of the Park and its buildings ensuring that they remained sustainable for present and future generations to enjoy.  In concluding the deputation, members were advised of the key aims identified by the Group, which were as follows:

1.     To serve as the voice of the beneficiaries in collaboration with the Trustees to influence the future of the Park and its buildings

2.     To actively participate as volunteers in the maintenance, conservation and preservation of the Park for future residents.

3.     To engage with the Trustees in conducting a comprehensive survey of the Park, in order to detect the presence of any protected wildlife species.

4.     To capture and preserve the history of the Park, including the architectural importance of its buildings, its previous owner and occupants, which may have cultural significance for the borough’s diverse communities.

5.     To educate about the Park’s historic significance.

Whilst recognising the current nature of the challenges facing the Trust in supporting the upkeep and maintenance of the Park and its buildings Satvinder Riyat ended by highlighting that the Group were committed to working with the Barham Park Trust and Council officers in order to safeguard the Park as a much valued  ...  view the full decision text for item 6.

To receive questions submitted by the public to Cabinet Members, in accordance with Standing Order 33.

Members are asked to note that four public questions have been received, which have been attached along with their written response.

NOTED

1.          The written and supplementary verbal response provided by the Cabinet Member for Housing, Homelessness and Renters Security to a public question submitted by Martin Francis regarding compliance by the Council with the requirements, as a landlord, under the Building Safety Act, including the completion of structural and fire risk assessments on all buildings in scope.

2.          The written response provided by the Cabinet Member for Safer Communities and Public Protection to a public question submitted by John Cox on noise nuisance arising from HS2 works impacting on nearby residential properties, including those in Harley Road, NW10.  No supplementary question was received.

3.          The written response provided by the Cabinet Member for Environment, Infrastructure and Climate Action to a public question submitted by Charlotte Child (who joined the meeting online in order to present a supplementary question) regarding the need, given safety concerns highlighted by local residents, for the installation of a pedestrian crossing at the junction of Cavendish Road, Willesden Lane and The Avenue, NW6.  Whilst noting the initial response provided by the Leader of the Council at the meeting, the Mayor advised that given the Cabinet Member for Environment, Infrastructure and Climate Action had submitted her apologies for absence a written response would also be provided on the issue raised following the meeting.

4.     The written and supplementary verbal response provided by the Cabinet Member for Public Health & Adult Social Care to a public question submitted by Naishadh Patel (with Hitesh Patel attending the meeting in order to ask a supplementary question) regarding the selection and management of social care provision suppliers including local businesses.

Eligible for Call-In: No

For Members to consider any petitions with more than 200 signatures on which a debate has been requested, in accordance with the Council’s Petition Rules and Standing Order 66.

Members are asked to note that the following petition is due to be presented at the meeting:

Protecting Brent Parks and Open Spaces (Lead petitioner - Councillor Paul Lorber)

NOTED the presentation of a petition by Councillor Lorber containing 1170 signatures relating to the Protection of Brents Parks and Open Spaces.  In presenting the petition, Councillor Lorber highlighted his focus on Barham Park given concerns identified as to how it was felt proposals presented at the recent meeting of the Barham Park Trust Committee would set an unwelcome precedent not only in terms of the risk to the Council’s long established Core Strategy of protecting Brent parks and open spaces but also in relation to local Neighbourhood planning and the safeguarding of other parks and open spaces in Brent.

In outlining the historical context to the gift of Barham Park and its use as a much valued community asset, with the Council as sole Trustee, concerns were expressed at the management and maintenance of the Park and buildings by the Barham Park Trust along with the cost and outcome of the recent strategic property review and feasibility study presented to the Barham Park Trust Committee on 5 September 2023.  Referring to the design options identified for the Park building as part of the architectural feasibility study considered by the Trust Committee, concerns were highlighted at their potential impact on the existing charitable and community based organisations currently occupying the building as tenants (given the social value they generated) and suggested alternative use including a mixture of a hotel, Airbnb, offices, café and shop units.  Given approval of the recent planning application relating to development of the housing site located along the north-west corner ofBarham Park and the Trust’s recent agreement to progress negotiations on the possible variation of the restrictive covenant protecting against development on that site, Councillor Lorber felt the petition also served to highlight the level of concern expressed about the need to protect parks and open spaces across the borough from potential future development.

In concluding presentation of the petition, Councillor Lorber called on all members to recognise the strength of local feeling and prioritise the preservation and promotion of the borough’s parks and open spaces as valuable and vital assets for local communities across the borough.

In responding Councillor Tatler, as Cabinet Member for Regeneration, Planning & Growth, began by thanking all residents who had signed the petition for highlighting the value placed on Brents parks and green spaces.  In seeking to focus and address the issues highlighted within the main petition, rather than wider rhetoric expressed by the Opposition Groups, the opportunity was taken to reassure local residents of the Council’s commitment to protecting and enhancing the boroughs parks as evidenced not only through the significant level of investment already provided by the Administration but also the ongoing use and allocation of over £2m of the Community Infrastructure Levy and planning process to secure a number of new parks and open public spaces including areas such as, Staples Corner, Neasden, Church End, Wembley Park, South Kilburn and Grand Union in Alperton.  In highlighting what she regarded as the progressive nature of the Council’s planning  ...  view the full decision text for item 8.

To receive an annual report from the Leader of the Council, in accordance with Standing Order 38.

NOTED the annual report provided by the Leader of the Council on the work of the Council and state of the borough.

Eligible for Call-In: No

To receive a report from the Leader of the Council in accordance with Standing Order 31 providing an update on any key or significant issues arising from any matter within the responsibility of the Cabinet.

NOTED the report and update provided at the meeting by Councillor Muhammed Butt, as Leader of the Council, highlighting the work being undertaken across each Cabinet portfolio to manage the Council’s finances and provide ongoing support and services in order to meet the needs of residents across the borough.

Eligible for Call-In: No

For questions to be put to members of the Cabinet by Opposition and Non-Cabinet Members in accordance with Standing Order 35.

Five advance notice questions have been received under this item, which have been attached along with the written responses provided.

Members are asked to note that this session will also include an opportunity (within the time available) for other Non-Cabinet and Opposition members to ask questions of Cabinet Members.

NOTED

1.     The written and supplementary verbal response provided by the Cabinet Member for Children, Young People & Schools to a question submitted by Councillor Gbajumo regarding the examination results achieved by young people across Brent and wider steps being taken to maintain and support levels of educational attainment across the borough.

2.     The written and supplementary verbal response provided by the Cabinet Member for Public Health & Adult Social Care to a question submitted by Councillor Long expressing concerns regarding the impact of the recent decision by a private sector provider to seek a buyer for the GP practices they currently operated, including within Brent, both in terms of patients and the wider primary care sector across Brent and North West London.

3.     The written response provided by the Cabinet Member for Environment, Infrastructure & Climate Action to a question submitted by Councillor Dixon seeking details on the measures taken to address concerns relating to the introduction of the new Resident Parking Permit contract and transition to the new permit system.  As a result of the Cabinet Member for Environment, Infrastructure and Climate Action having submitted her apologies for absence at the meeting no direct supplementary question was asked but in recognising the work undertaken to address the concerns identified the opportunity was also taken to highlight the need to ensure that lessons learnt, particularly in relation to engagement with local residents, were recognised.

4.     The written and supplementary verbal response provided by the Cabinet Member for Housing, Homelessness and Renters Security to a question submitted by Councillor Maurice regarding the measures taken to deal with rough sleepers in Woodcock Park and what was felt to be a delay in appropriate action being taken to address the concerns identified by local residents and other stakeholders neighbouring the park.

5.     The written and supplementary verbal response provided by the Cabinet Member for Housing, Homelessness and Renters Security to a question submitted by Councillor Georgiou seeking clarification on the Council’s position regarding the use of Shared Ownership and its appropriateness in being classified as a genuinely Affordable Housing option in the development of housing schemes across Brent, particularly given the difference in approach between schemes such as Grand Union, Alperton and Watling Gardens.

Responses were also provided by the relevant Cabinet Members on the following additional questions raised during the open session of this part of the meeting:

·             Councillor Kennelly regarding the recent change in approach announced by the Metropolitan Police in no longer attending calls to a majority of mental health related incidents introduced under the Right Care Right Person scheme and the wider impact it was anticipated this would have in terms of health services and professionals across Brent along with the action being taken to address the concerns identified.

·             Councillor Hirani supporting the concerns raised in relation to the delay in identifying a solution to tackle the rough sleepers in Woodcock Park and seeking details on visits undertaken by the Leader and Cabinet Member(s) and engagement with local ward councillors on  ...  view the full decision text for item 11.

To receive reports from the Chairs of the Council’s Scrutiny Committees in accordance with Standing Order 36. The reports have been attached as follows:

12.1    Community & Wellbeing Scrutiny Committee

12.2    Resources & Public Realm Scrutiny Committee

(Agenda republished to include the update from the Resources & Public Realm Scrutiny Committee on 13 September 2023)

Members are asked to note that this session will include an opportunity (within the time available) for Non-Cabinet Members to ask questions of relevant Scrutiny Chair’s in relation to the remit of their Committees

NOTED the update reports provided by the Chair of the Community & Wellbeing and Resources & Public Realm Scrutiny Committees.

Eligible for Call-In: No

To receive a report from the Vice-Chair of the Audit & Standards Advisory Committee, in accordance with Standing Order 37.

NOTED the update report provided by the Vice Chair of the Audit & Standards Advisory Committee.

Eligible for Call-In: No

To enable Non Cabinet Members to raise an issue of relevance to Brent for debate on which notice has been provided in accordance with Standing Order 34 and to receive reports from Cabinet members, as required, on any issues previously raised.

Members are asked to note that the subject identified for debate at this meeting is as follows:

Provision of support to deal with cases of RAAC Reinforced Autoclaved Aerated Concrete in Brent Schools

Please note: The motion submitted as the basis for this debate has been attached.

(Agenda republished on 10 September 2023 to include a Labour Group amendment on the original motion submitted as the basis for the Non-Cabinet Member debate)

Following the approval of an amendment moved by the Labour Group in relation to the original motion submitted, the following motion (as amended) was AGREED as the outcome of the non-cabinet member debate:

“Provision of support to deal with cases of RAAC (Reinforced Autoclaved Aerated Concrete) in Brent Schools

This Council notes:

Reinforced Autoclaved Aerated Concrete (RAAC) is a lightweight form of concrete pioneered in Sweden whose use swept across Europe particularly in schools, colleges, and other building construction from the 1950’s until the mid-1990s.  Used in flat roofing, floors, and walls it offered a cheaper alternative to standard concrete, but its short lifespan means its use in permanent buildings has caused problems. The Secretary of State for Education has clarified, out of 22,500 schools in England, 156 have been confirmed to have RAAC and 52 of these have already got mitigations in place and are dealing with repairs.

To date, it has been identified that onlyone Brent school, although not maintained by the Council, has RAAC.  St. Gregory’s Catholic Science College discovered it had RAAC in its Maths block in November 2022. Safety measures were introduced, and work was completed by Tuesday 12^th September.  The Council was informed by the school’s CEO/Headteacher in January 2023 of the discovery of RAAC.  There is no current financial impact to the Council as the school affected is operated by an academy trust, therefore the local authority is not the responsible body.

Upon notification in January 2023, DfE have supported the school in arranging surveys and discussing the management of RAAC. Since the summer, a dedicated case officer has been assigned to the school from the DfE to manage the next steps of removing RAAC from the school with all costs to be reimbursed by the DfE as it rightfully should.

When Brent residents apply for rear building extensions, building control officers demand high quality materials be used. If this RAAC was known to have a recommended 30-year lifespan there must be question as to why it was approved in long term school and civic developments and what reviews were put in place by Building Control to undertake regular checks on its safety?

Parents, teachers and pupils across the country have been rightly concerned aboutthe news of RAAC and this has been reflected in how it has been reported.  The Secretary of State for Education Gillian Keegan MP is the tenth Conservative Secretary of State for Education since 2010 and showed no sympathy for parents’ concerns across the UK in her highly unprofessional behaviour when she was being interviewed by ITV news.

As a result, this Council recognises:

·             That the Conservative Government in the 1980s colluded in neglecting capital and infrastructure investment despite insatiable public demand for increased revenue spending on vital public services. This has been worsened by the effects of Austerity which decimated the country’s public services and de-funded buildings provided for our nation’s schoolchildren. People a century ago  ...  view the full decision text for item 14.

This report presents the Brent Youth Justice Plan 2023/24, which includes an overview of local youth justice progress, priorities and arrangements for monitoring performance.  Following its submission to the Youth Justice Board and consideration by Cabinet on 11 September 2023 Council is being asked to formally adopt the Plan.

Council RESOLVED following its referral by Cabinet on 11 September 2023 to approve formal sign off and adoption of the Brent Youth Justice Plan 2023/24.

Eligible for Call-In: No

To receive a report from the Corporate Director of Finance & Resources updating members on Treasury Management activity and confirming that the Council has complied with its Prudential Indicators for 2022 - 23.

Members are asked to note that this report was received and noted by the Audit & Standards Advisory Committee on 18 July 20223 and Cabinet on 11 September 2023 and has been forwarded to Council in compliance with CIPFAs Code of Practice on Treasury Management.

Council RESOLVED

(1)    To note and approve, following its consideration by Audit & Standards Advisory Committee on 18 July 2023 and Cabinet on 11 September 2023, the 2022 - 23 Treasury Management outturn report and the Minimum Revenue Provision (MRP) Strategies in Appendix 4 – 6 of the report, in compliance with CIPFA’s Code of Practice on Treasury Management (the Code).

(2)    To note that for 2022 - 23 the Council had complied with its Prudential Indicators which were approved by Full Council on 22 February 2022 as part of the Council’s Treasury Management Strategy Statement and Capital Strategy Statement.

Eligible for Call-In: No

To receive a report from the Corporate Director of Governance seeking approval for changes to the Constitution in relation to the Terms of Reference for the Health and Wellbeing Board and the arrangements for withdrawal of Motions under Standing Order 42.

Council RESOLVED

(1)    To approve the amendments to the Constitution as detailed within Appendix 1 of the report relating to the updated Terms of Reference for the Health & Wellbeing Board and update to Standing Order 41 on the process for withdrawal of Council Motions.

(2)    Following on from (1) above, to authorise the Corporate Director, Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

(3)    To note that, to the extent that the changes related to executive functions of the Council, they had been approved by the Leader.

Eligible for Call-In: No

To debate the motions submitted in accordance with Standing Order 41.

·             The motions submitted for debate have been attached.

·             Where a motion concerns an executive function, nothing passed can be actioned until approved by the Executive or an officer with the relevant delegated power.

(Agenda republished to include the motions submitted for debate on 13 September 2023 and Labour Group amendments submitted in respect of the Conservative and Liberal Democrats motions on 18 September 2023.)

(1)    Following the approval of an amendment moved by the Labour Group in relation to the original Motion submitted by the Conservative Group, the following Motion (as amended) was AGREED:

“Management of Road and Utilities Work across the borough

The coordination and management of the many road works, repairs and temporary traffic lights in our borough continues to be of importance to Brent Council to ensure cohesion for our residents travelling around the borough.

The Council have listened to concerns from residents who whilst appreciating that these works need to be carried are apprehensive about the potential disruption this can cause to them and continues to work with utility companies and meet with officials regularly to ensure disruption to residents during necessary major works is kept to a minimum.

The Council’s Network Management Team hold quarterly coordination meetings with utility companies in order to coordinate works and minimize disruption however there are times when emergency works are required and this can unfortunately clash with other works near the location.

Council is therefore asked to note that in relation to the following concerns:

·             Roadworks, though essential, cancause major traffic hold ups including in some cases gridlock, can lead to road rage and leads to an increase in pollution, and the Council continues to work with utility companies to prevent major disruption arising from these major works.

·             The lack of regular interaction between the various agencies who own services beneath our streets - There is regular interaction between the various agencies with quarterly coordination meetings between the Council and utility companies to discuss major works.

·             The coordination of roadworks - There is coordination to ensure that roadworks are carried out in such a manner so they do not interact to cause further disruption.The Council requires 10 days notice for major works and 3 days notice for minor works. The permitting software used will automatically identify clashes should two sets of works be programmed in close proximity to each other during the same time period.

·             Disruption to road users - There are measures put in place by the Council to ensure that roadworks are timed and coordinated so as to cause the minimum disruption to road users. However, there may be times where emergency and urgent works are required which may clash with other scheduled works.

Therefore, the Cabinet Member for Environment, Infrastructure and Climate Action is asked to ensure:

(1)    That, with the exception of emergencies e.g. burst water mains, when a utility company applies for permission to carry our road works, the Council continues its work with utility companies to coordinate their planned works programme to ensure minimal disruption for residents across the borough.

(2)    That the Network Management Team continues to hold quarterly coordination meetings with utility representatives to discuss major works and assist in avoiding clashes.

(3)    That companies continue to apply for permission to carry out works and in line with the regulations of their permit if granted must do so within a certain time frame  ...  view the full decision text for item 18.

At the discretion of the Mayor to consider any urgent business, in accordance with Standing Order 37(r).

No urgent items of business were raised at the meeting.

Eligible for Call-In: No