Agenda and minutes

Apologies for absence were received from Councillor Del Goddard (Cabinet Member for Business and Regeneration), Councillor Don McGowan (Cabinet Member for Adult Services, Care and Health), Ian Davis (Director – Environment), Ray James (Director of Health, Housing and Adult Social Care) and James Rolfe (Director of Finance, Resources and Customer Services).

There were no declarations of interest.

NOTED that the reports listed on the agenda had been circulated in accordance with the requirements of the Council’s Constitution and the Local Authorities (Executive Arrangements) (Access to Information and Meetings) (England) Regulations 2012.

These requirements state that agendas and reports should be circulated at least 5 clear days in advance of meetings.

NOTED that no requests for deputations (with or without petitions) had been received for presentation to this Cabinet meeting.

To confirm that the following items be referred to full Council:

1.              Report No.96 – Refurbishment of Palmers Green Library

2.              Report No.98 – Future Provision of Secondary Tuition Services

AGREED that the following items be referred to full Council:

1.     Report No.96 – Refurbishment of Palmers Green Library

2.     Report Nos.98 and 102 – Future Provision of Secondary Tuition Services

A report from the Director of Finance, Resources and Customer Services is attached. This sets out the Council’s revenue budget monitoring position based on information to the end of August 2013. (Key decision – reference number 3757)

(Report No.92)

(8.20 – 8.25 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.92) setting out the Council’s revenue budget monitoring position based on information to the end of August 2013.

NOTED

1.               The £0.699m overspend is the current revenue outturn projection as set out in the report. Finance will work with budget holders to eliminate the year end overspend by year end.

2.               That Table 2 in the report set out the forecast outturn table.

3.               The achievement of savings set out in section 8 and Appendix 1 of the report.

4.               The key risks which had been identified as set out in section 13 of the report. Members noted the uncontrollable demand-led Service pressures as detailed.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet agreed that departments reporting pressures should formulate and implement action plans to ensure that they remain within budget in 2013/14.

Reason: To ensure that Members were aware of the projected budgetary position for the Authority, including all major budget pressures and underspends which had contributed to the present monthly position and they were likely to affect the final outturn.

(Key decision – reference number 3757)

A report from the Chief Executive is attached. This notes the progress made towards delivering the identified key priority indicators for Enfield. (Key decision – reference number 3729)

(Report No.93)

(8.25 – 8.30 pm)

Councillor Achilleas Georgiou (Deputy Leader) introduced the report of the Chief Executive (No.93) providing the latest available performance data at the end of the first quarter of 2013/14.

NOTED

1.               The progress made towards delivering the identified key priority indicators for Enfield.

2.               That of the performance indicators, 46 (63.9%) were green; 15 (20.8%) were amber; and, 11 (15.35) were red.

3.               That progress had been made in a number of areas. Members’ attention was drawn to the indicators relating to: Number of households living in temporary accommodation; the Educational Attainment figures including those with regard to Looked After Children; the improvements made with regard to waste and recycling; and, the improvements to the Council’s website which had resulted in an increased number of transactions being made via the website. Members also praised the performance with regard to the payment of invoices and extended their appreciation to officers for the effective work being undertaken.

Alternative Options Considered: Not to report regularly on the Council’s performance. This would make it difficult to assess progress made on achieving the Council’s main priorities and to demonstrate the value for money being provided by Council services.

Reason: To update Cabinet on the progress made against all key priority performance indicators for the Council.

(Key decision – reference number 3729)

A report from the Director - Environment is attached. This outlines Enfield’s Local Implementation Plan (LIP) Proposals for 2014/15. (Key decision – reference number 3776)

(Report No.95)

(8.30 – 8.35 pm)

Councillor Chris Bond (Cabinet Member for Environment) introduced the report of the Director – Environment (No.95) outlining Enfield’s Local Implementation Plan (LIP) Proposals for 2014/15.

NOTED, Members’ attention was drawn to Appendix 1 of the report which set out the Council’s commitment to walking and cycling and noted the review of bus services in the Borough.

Alternative Options Considered: NOTED that section 5 of the report set out in detail the alternative options which had been considered in relation to constraints on proposals and consultation.

DECISION: The Cabinet agreed to approve

1.               The expenditure proposals for 2014/15 outlined in Tables 2 to 8 (Appendix 1 to the report) for submission to Transport for London and for these proposals to be implemented, subject to no alternations being made to the allocation or programmes by Transport for London.

2.               Delegation of authority to the Cabinet Member for Environment to make any changes necessary to the programme should there be any change to the allocation from TfL or for any other operational reason.

3.               The revised LIP interim targets for the period 2014/15 to 2016/17 set out in Appendix 2 to the report.

Reason: To enable Enfield’s Local Implementation Plan (LIP) funding proposals for 2014/15 to be submitted to Transport for London. This submission of the proposals to TfL was essential in order to obtain release of the allocated funds ready for expenditure in the financial year 2014/15. In addition, the recommendations seek approval to the update Delivery Plan and Interim Targets for the period up to 2016/17 that must also be submitted to TfL.

(Key decision – reference number 3776)

A report from the Director of Finance, Resources and Customer Services and Director of Regeneration, Leisure and Culture is attached. This seeks approval to refurbish the Palmers Green Library. (Key decision – reference number 3791)

Note: A colour copy of the plans appended to the report will be circulated to Cabinet Members under separate cover.

(Report No.96)

(8.35 – 8.40 pm)

Councillor Bambos Charalambous (Cabinet Member for Culture, Leisure, Youth and Localism) introduced the report of the Director of Finance, Resources and Customer Services and Director of Regeneration, Leisure and Culture (No.96) seeking approval of the capital investment within the Capital Programme required to the refurbishment of the existing Palmers Green Library.

NOTED

1.               The estimated project costs as set out in section 6 of the report. The addition of the scheme to the Capital Programme 2014-2015 budget would require Council approval as set out in the recommendation below.

2.               The project timetable as detailed in section 8 of the report.

3.               That consultation had and would continue to be undertaken by the Library and Museum Service, section 9 of the report referred. It was noted that the Library would need to close for the duration of the refurbishment works. The cost of providing additional temporary provision was too high. Users would be given access to other library facilities, including the mobile library which would be sited nearby at advertised times, as detailed in section 9 of the report.

4.               That a number of options for the extent of the refurbishment works to the Library had been considered fully and, Option 4 was the recommended option, as set out in the report, which was the most extensive and best possible option for the future library provision.

Alternative Options Considered: NOTED the alternative options which had been considered as detailed in section 10 of the report. A range of options for the nature and extent of the works had been considered.

RECOMMENDED TO COUNCIL the addition of this scheme to the Capital Programme 2014-2015 budget.

DECISION: The Cabinet agreed to

1.               Approve the overall financial proposals for expenditure and funding as set out in the report, including all Professional, Technical and associated costs (as detailed in paragraph 6 of the report).

2.               Delegate authority to the Cabinet Member for Finance and Property and the Director of Finance, Resources and Customer Services to accept a subsequent tender for construction works.

Reason: The reasons for the recommendations were set out in section 11 of the report.

(Key decision – reference number 3791)

A report from the Director of Health, Housing and Adult Social Care is attached. This seeks authorisation to make a Compulsory Purchase Order (CPO) in respect of 39 Aylands Road, Enfield, EN3 6PW, an empty residential property. (Key decision – reference number 3789)

(Report No.97)

(8.40 – 8.45 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing) introduced the report of the Director of Health, Housing and Adult Social Care (No.97) seeking authorisation to make a Compulsory Purchase Order (CPO) in respect of 39 Aylands Road, Enfield, EN3 6PW.

NOTED Enfield’s on-going commitment to bring empty homes back into use wherever possible. The property in question had been empty for 8 years following the death of the previous owner. The statement of reasons for seeking a compulsory purchase order, as set out in Appendix 1 to the report was noted. Attempts would be made to bring properties back into use through negotiations wherever possible.

Alternative Options Considered: NOTED the alternative options which had been considered as set out in section 4 of the report.

DECISION: The Cabinet agreed to authorise

1.               The making of a Compulsory Purchase Order (Order) in respect of 39 Aylands Road, Enfield, EN3 6PW, under Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 (as amended by the Planning and Compulsory Purchase Act 2004) as shown on the plan (appendix 1 to the report).

2.               The preparation of an Order, and supporting documentation and the taking of all necessary steps (including the conduct of a Public Inquiry if necessary) to obtain confirmation of the Order by the Secretary of State.

3.               (a)      the acquisition of the property (compulsorily) following confirmation of the Order, the payment of compensation and statutory interest and the instituting or defending of proceedings where necessary; or

(b)      the acquisition of the property by purchase by agreement, with terms for the acquisition to be delegated to the Assistant Director Community Housing Services (Housing) and the Assistant Director for Finance, Resources and Customer Services (Property); and

4.               The disposal of the property in accordance with the Property Procedure Rules.

Reason: The compulsory purchase of the above property, and its subsequent onward sale, would produce a quantitative and qualitative gain to the borough’s housing stock, would assist in the achievement of the Council’s housing strategies and would turn an existing eyesore into a much needed home. They would address the Council’s strategic supply, regeneration and sustainability objectives, together with the Government and Mayor of London’s expectations cited in the report.

(Key decision – reference number 3789)

A report from the Director of Schools and Children’s Services is attached. This details proposals for the re-provision of the Secondary Tuition Service also known as the Pupil Referral Unit from its current multi-site accommodation on to one site on 230 Bullsmoor Lane. (Report No.102 agenda Part Two also refers) (Key decision – reference number 3799)

(Report No.98)

(8.45 – 8.50 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Schools and Children’s Services (No.98) detailing proposals for the re-provision of the Secondary Tuition Service also known as the Pupil Referral Unit from its current multi-site accommodation on to one site on 230 Bullsmoor Lane.

NOTED

1.               That Report No.102 also referred as detailed in Minute No.24 below.

2.               The detailed proposals as set out in the report. This re-provision was part of the Council’s overall strategy for the provision of sufficient school places in the Borough.

3.               In relation to paragraph 3.2 of the report, Andrew Fraser (Director of Schools and Children’s Services) advised Members that the purchase of Orchardside Nursery, 230 Bullsmoor Lane, had been completed on 30 September 2013.

Alternative Options Considered: To continue to provide services from the current locations, to use the St. Mary’s site which had originally been purchased and latterly identified as being too small or to find an alternative site.

DECISION: The Cabinet agreed that approval be given to

1.               Agree the additional capital funding for the proposed works and associated technical services totalling £3.099m as detailed in paragraph 7.1 (financial implications) of the report and to include the revised total project value of £7.5m over three years in the Council’s capital programme.

2.               The Director of Schools and Children’s Services being authorised to approve expenditure for orders by operational decision for individual orders up to a maximum of £250,000 for works and technical services.

3.               The Director of Schools and Children’s Services being authorised to manage the project budget in a flexible way within the overall funding available to take account of variations between estimates and tender costs.

4.               The Director of Schools and Children’s Services being authorised to approve an appropriate procurement strategy by operational decision for works and technical services, subject to the financial restrictions in 2 and 3 above.

5.               The Director of Schools and Children’s Services being authorised to undertake the work for and approve submission of a Planning Application.

6.               Approve the disposal of the two assets detailed in paragraph 3.3 of the part 2 report (Report No.102, Minute No.24 below refers), subject to the approval of the Director of Finance, Resources and Customer Services and the Cabinet Member for Finance and Property.

RECOMMENDED TO COUNCIL to approve the additional capital requirement of £3.099 be added to the Council’s capital programme.

Reason: To enable works and technical services to be procured as soon as possible to address the accommodation shortcomings so that students could be offered a wider range of practically-based courses.

(Key decision – reference number 3799)

A report from the Director of Finance, Resources and Customer Services is attached. This seeks approval in principle to the sale of Council properties, subject to satisfactory further evaluation and consultation, in order to assist in funding capital spending. (Key decision – reference number 3783)

(Report No.99)

(8.50 – 8.55 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Finance, Resources and Customer Services (No.99) seeking approval in principle to the sale of various Council properties listed in the appendix to the report, which were considered in the Council’s overall best interests to sell, subject to satisfactory further evaluation and consultation, in order to assist in funding capital spending.

NOTED

1.               Councillor Stafford outlined the processes which were followed in establishing potential properties for disposal. Members’ were advised that the properties detailed in appendix one of the report would be subject to further consideration and approval to their disposal was only being sought in principle at this stage. Ward Councillors had been notified.  

Alternative Options Considered: Retention of property without regular review was clearly not in the Council’s business interests. If property was not disposed of, it would cause a reduction in capital spending or increased borrowing. However evaluation of individual cases might result in retention being the better option.

DECISION: The Cabinet agreed

1.               That approval be given in principle to the disposal of those properties listed in the Appendix to the report.

2.               To delegate the method of sale and the approval of provisionally agreed terms of sale to the Cabinet Member for Finance and Property in consultation with the Director of Finance, Resources and Customer Services.

Reason: Potential disposal of the properties was recommended as being in the Council’s best financial interests balanced against service and community needs.

(Key decision – reference number 3783)

A report from the Director of Health, Housing and Adult Social Care is attached. This seeks approval to purchase the leasehold interest in several small plots of land and for a resolution to seek a Compulsory Purchase Order (CPO) if direct negotiations are unsuccessful with the leaseholders. (Report No.103, agenda part two also refers) (Key decision – reference number 3781)

(Report No.100)

(8.55 – 9.00 pm)

Councillor Bambos Charalambous (Cabinet Member for Culture, Leisure, Youth and Localism) introduced the report of the Director of Health, Housing and Adult Social Care (No.100) seeking approval to purchase the leasehold interest in several small plots of land and for a resolution to seek a Compulsory Purchase Order (CPO) if direct negotiations were unsuccessful with the leaseholders, to facilitate the Joint Service Centre development at 645 Hertford Road.

NOTED

1.               That Report No.103 also referred as detailed in Minute No.25 below;

2.               The proposals set out in the report.

Alternative Options Considered: For the Council not to purchase the land through a CPO if the direct negotiations were unsuccessful. Without CPO powers the Council could not guarantee that the land could be acquired in order to enable the contractor to complete the scheme in accordance with planning. This might compromise the usability of the facility for the intended purpose.

DECISION: The Cabinet agreed to

1.               Note that negotiations were ongoing with the leaseholders regarding the purchase of the necessary leaseholder interests.

2.               Review and approve the draft Statement of Reasons which set out the justification for making the Compulsory Purchase Order (CPO) in relation to the bold boxes shown in Appendix 1 of the report and the draft Order.

3.               Approve in principle the making of the Joint Service Centre CPO 2013 under section 226(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (the “1990 Act”).

4.               Delegate authority to the Director of Finance, Resources and Customer Services to:

(a)  Continue the acquisition of the interests in the order land.

(b)  Make final amendments to the Statement of Reasons and the Draft Order.

(c)  Authorise the service of the Order on the Secretary of State and the interested parties if required.

Reason: To secure the acquisition of land required for the completion of the development on adjoining land in accordance with the planning permission and to provide privacy for the GP consulting rooms and prevent future development, which would impact on the Joint Service Centre. The Council was seeking to reach a settlement with the leaseholders through direct negotiation. The Council could not guarantee the delivery of the development in accordance with planning consent without the acquisition of this land.

(Key decision – reference number 3781)

A report from the Director of Regeneration, Leisure and Culture is attached. This concerns development opportunity areas that are located within the boundaries of the Meridian Water Masterplan. (Report No.104, agenda part two also refers) (Key decision – reference number 3797)

(Report No.101)

(9.00 – 9.05 pm)

Neil Rousell (Director of Regeneration, Leisure and Culture) in the absence of Councillor Del Goddard (Cabinet Member for Business and Regeneration) introduced the report (No.101) concerning development opportunity areas that were located within the boundaries of the Meridian Water Masterplan.

NOTED

1.               That Report No.104 also referred as detailed in Minute No.26 below;

2.               The potential for the Council to acquire some land that was identified as being in the early phases of potential development in the Masterplan, as set out in the report.

3.               An amendment sheet which was circulated at the meeting which proposed an additional recommendation as detailed in decision 3 below and additional property implications to be added as paragraph 8.3.3 of the report set out below:

“The acquisition of property must comply with the property procedure rules, which requires that all acquisitions are approved by the Assistant Director Property Services in consultation with the relevant Portfolio holder”.

4.               Councillor Robert Hayward had requested an opportunity to speak on this item and Councillor Doug Taylor (Leader of the Council) invited him to address the Cabinet. Councillor Hayward praised the development opportunities and proposed land acquisition. However, he took this opportunity to express his views on the type of family accommodation that should be provided within the development with a focus on the provision of houses with gardens rather than flats. Members should aim to provide housing that they would be content to live in themselves.

5.               In response Councillor Doug Taylor (Leader of the Council) noted the views expressed and acknowledged the desire to provide as much space as possible within the viability of any development. Councillor Ahmet Oykener (Cabinet Member for Housing) highlighted and praised the Council’s existing housing regeneration developments progressing in Highmead and Alma.

6.               Members noted that the acquisition of the land in question could, “in principle”, be regarded as a strategic land acquisition that would help to enable the development of key sites within the Masterplan area, as set out in paragraph 5.2 of the report.

Alternative Options Considered: NOTED the options which had been considered as set out in full in section 6 of the report.

DECISION: The Cabinet

1.               Noted that there was the potential for the Council to acquire some land at Meridian Water that could support its regeneration agenda.

2.               Agreed that the potential acquisition of land that could assist the regeneration of Meridian Water be approved “in principle”, subject to appropriate terms and conditions being agreed.

3.               Noted that a further Cabinet report would be submitted to finalise the purchase of the site.

Reason: To provide a greater level of certainty over the timescales associated with the development of three early start sites in Meridian Water and their relationship with significant rail and education infrastructure, and to increase developer and stakeholder confidence in the delivery of the Masterplan.

(Key decision – reference number 3797)

NOTED that no items had been received for consideration at this meeting.

NOTED the provisional list of items scheduled for future Cabinet meetings.

NOTED that the next Notice of Key Decisions List was due to be published on 29 October 2013, this would be effective from 1 December 2013.

AGREED that the minutes of the previous meeting of the Cabinet held on 18 September 2013 be confirmed and signed by the Chairman as a correct record.

To receive, for information, the minutes of meetings of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 22 August and 12 September 2013.

NOTED the minutes of meetings of the Enfield Residents’ Priority Fund Cabinet Sub-Committee held on 22 August and 12 September 2013.

To receive, for information, the minutes of a meeting of the Local Plan Cabinet Sub-Committee held on 11 September 2013.

NOTED the minutes of a meeting of the Local Plan Cabinet Sub-Committee meeting held on 11 September 2013.

NOTED that there were no written updates to be received.

NOTED, that the next meeting of the Cabinet was scheduled to take place on Wednesday 13 November 2013 at 8.15pm.

Councillor Andrew Stafford (Cabinet Member for Finance and Property) took this opportunity to advise Members that the London Borough of Enfield had been accredited for the London Living Wage.

RESOLVED in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the items of business listed on part 2 of the agenda on the grounds that they involve the likely disclosure of confidential information as defined in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

A report from the Director of Schools and Children’s Services is attached.  This should be read in conjunction with Report No.98, agenda part one refers. (Key decision -  reference number 3799)

(Report No.102)

(9.15 – 9.20 pm)

Andrew Fraser (Director of Schools and Children’s Services) introduced the report (No.102) giving details of the values and risks of the possible disposals of assets freed up by the scheme set out in the part one report.

NOTED

1.               That Report No.98 also referred as detailed in Minute No.11 above;

2.               The contents of the report in support of the part one report.

Alternative Options Considered: As detailed in Report No.98, Minute No.11 above refers.

Reason: As detailed in Report No.98, Minute No.11 above refers.

(Key decision – reference number 3799)

A report from the Director of Health, Housing and Adult Social Care is attached. This should be read in conjunction with Report No.100, agenda part one refers. (Key decision – reference number 3781)

(Report No.103)

(9.20 – 9.25 pm)

Councillor Bambos Charalambous (Cabinet Member for Culture, Leisure, Youth and Localism) introduced the report of the Director of Health, Housing and Adult Social Care (No.103).

NOTED

1.               That Report No.100 also referred as detailed in Minute No.13 above;

2.               The additional information provided in support of the part one report which was drawn to Members’ attention.

Alternative Options Considered: As detailed in Report No.100, Minute No.13 above refers.

Reason: As detailed in Report No.100, Minute No.13 above refers.

(Key decision – reference number 3781)

A report from the Director of Regeneration, Leisure and Culture is attached. This should be read in conjunction with Report No.101, agenda part one refers. A further report will be tabled at the meeting under restricted circulation. (Key decision – reference number 3797)

(Report No.104)

(9.25 – 9.35 pm)

Neil Rousell (Director of Regeneration, Leisure and Culture) introduced the report in the absence of Councillor Del Goddard (Cabinet Member for Business and Regeneration) (No.104) concerning the development opportunity areas that were located within the boundaries of the Meridian Water Masterplan.

NOTED

1.               That Report No.101 also referred as detailed in Minute No.14 above;

2.               An amendment sheet which was circulated at the meeting in respect of the part two report (No.104) which provided additional wording to recommendations 2.1 (a), 2.1 (d) and 2.2 as reflected in the decisions below and, updated financial implications in relation to the part 2 report which were noted by Members;

3.               That a super part two report was tabled at the meeting under restricted circulation and collected in again following consideration, Report No.104A.

4.               Neil Rousell (Director of Regeneration, Leisure and Culture) outlined the detail contained in both the part two and super part two reports for Members’ consideration highlighting the three sites in question together with the development and financial implications set out. The information being sought and the negotiations taking place were detailed. A further report would be considered by Cabinet at the appropriate time.

Alternative Options Considered: NOTED the alternative options which had been considered as set out in full in section 6 of the report.

DECISION: The Cabinet agreed

1.               To approve the purchase of the three sites as set out in recommendation 2.1 of the report and described within the report, subject to:

(a)  The vendor remediating all three sites at their own expense or sharing the expense with the Council within an agreed financial envelope and providing the Council with all necessary and related warranties;

(b)  The vendor providing vacant possession;

(c)  The agreement of appropriate terms, with any and all acquisitions being supported by external valuation advice as might be necessary;

(d)  Appropriate due diligence – detailed financial analyses had already been commissioned to ensure the project was financially viable, so that the finalisation of the deal was based on as robust information as possible.

2.               Subject to decision 1 above, the Director of Regeneration, Leisure and  Culture, acting in consultation with the Director of Finance, Resources and Customer Services, be authorised to take all necessary steps to complete the purchase of all three sites described in the report, as a package or individually, as might be appropriate subject to Cabinet approval.

3.               Should the negotiations between the Council and land-owner in question not result in agreement within a reasonable timescale, authorise preparatory work to support the making of either (i) one compulsory purchase order covering all three sites or (ii) individual compulsory purchase orders for each site, as might be appropriate in the circumstances, under Section 226(1) (a) of the Town and Country Planning Act 1990 (“the 1990 Act”) (as amended by the Planning and Compulsory Purchase Act 2004) and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land and new rights within the areas described  ...  view the full minutes text for item 26.