Agenda and minutes

Apologies for absence were received from Councillor Chris Bond (Cabinet Member for Environment and Community Safety) and Councillor Ozzie Uzoanya (Associate Cabinet Member – Non Voting).

Members of the Cabinet are invited to identify any disclosable pecuniary, other pecuniary or non pecuniary interests relevant to items on the agenda.

Asmat Hussain (Assistant Director – Legal and Governance Services) advised Members that she had granted a dispensation, as Monitoring Officer, to the Cabinet Members tonight in respect of Report No.114 – Proposal to Implement a Borough-wide Additional Licensing Scheme for Private Sector Landlords (Minute No.8 below refers).

The dispensation had been granted in accordance with the Council’s Constitution as members under the Code of Conduct had declared a disclosable pecuniary interest.

The dispensation had been granted to allow the Cabinet to ensure that it was quorate, and that the Cabinet could participate in this item and not impede on the transaction of the business tonight.

The Chairman will consider the admission of any reports (listed on the agenda but circulated late) which have not 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.

Note: The above requirements state that agendas and reports should be circulated at least 5 clear working days in advance of meetings.

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, with the following exceptions:

Report No. 112 – Revenue Monitoring Report 2014/15: September 2014 and 2015/16 Financial Update (Minute No.6 below refers)

Report No.114 – Proposal to Implement a Borough-wide additional licensing scheme for private sector landlords (Minute No.8 below refers)

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

AGREED that the above reports be considered at the Cabinet meeting.

To consider any requests for deputations which have been received for presentation to this Cabinet meeting.

Councillor Doug Taylor (Leader of the Council) advised Members that deputations were to be received at the meeting in respect of the following items:

1.     Report No.114 – Borough-wide Additional Licensing Scheme for Private Sector Landlords (Minute No. 8 below refers)

2.     Report No.115 – Bury Street West – Development Options for the Former Parks Depot Site, N9 9LA (Minute No.9 below refers)

The deputations were received in consideration of the above reports and the minutes below refer (Minute Nos. 8 and 9).

To agree that the following reports be referred to full Council:

1.     Report Nos. 115 and 116 – Bury Street West – Development Options for the Former Parks Depot Site, N9 9LA

AGREED that the following reports be referred to the Council:

1.     Report Nos. 115 and 116 – Bury Street West – Development Options for the Former Parks Depot Site, N9 9LA

A report from the Director of Finance, Resources and Customer Services will be circulated as soon as possible. This sets out the Council’s revenue budget monitoring position based on information to the end of September 2014. (Key decision – reference number 3950)

(Report No.112)

(8.20 – 8.25 pm)

TO FOLLOW

Councillor Andrew Stafford (Cabinet Member for Finance) introduced the report of the Director of Finance, Resources and Customer Services (No.112) setting out the Council’s revenue budget monitoring position based on information to the end of September 2014.

NOTED

1.               The new savings proposals for 2015-16 as detailed in Appendix D of the report.

2.               That Schools and Children’s Services were currently projecting a pressure of £1.842m as set out in section 5.5 and Appendix A5 of the report.

3.               The detailed achievement of savings and the savings monitor set out in section 8 and table 3 of the report.

4.               The level of savings required over the next four years as set out in the Council’s Medium Term Financial Plan. The budget position following the initial savings review as detailed in section 10.7 of the report. 2015/16 was currently showing a budget gap of £7.8m but this might change if new pressures or opportunities were identified including any changes to the illustrative Local Government Finance Settlement 2015/16 provided so far by the Government.

5.               That Appendix E to the report set out the Enfield 2017 savings agreed by the Cabinet at its meeting on 30 October 2014.

Alternative Options Considered: Not applicable to this report.

DECISION: The Cabinet agreed

1.               To note the £2.5m overspend revenue outturn projection.

2.               To note that specific work was in hand to identify mitigating actions for the projected overspends within Schools and Children’s Services and Finance, Resources and Customer Services.

3.               To note the progress made to date in the preparation of the 2015/16 budget.

4.               The new savings proposals for 2015-16 set out in Appendix D of the report.

Reason: To ensure that Members were aware of the projected budgetary position for the Authority for the current and future years including all major budget pressures and underspends which had contributed to the present monthly position and that were likely to affect the Council’s finances over the period of the Medium Term Financial Plan. The recommendations would allow the Authority to move forward with the development for the 2015-16 budget and Medium Term Financial Plan.

(Key decision – reference number 3950)

A report from the Director of Health, Housing and Adult Social Care is attached. This seeks approval of the strategic direction, priorities and objectives for adult mental health care in Enfield, as detailed in the Enfield Joint Adult Mental Health Strategy. (Key decision – reference number 3938)

(Report No.113)

(8.25 – 8.30 pm)

Councillor Don McGowan (Cabinet Member for Health and Adult Social Care) introduced the report of the Director of Health, Housing and Adult Social Care (No.113) presenting the Enfield Joint Adult Mental Health Strategy.

NOTED

1.               That improving the mental health and wellbeing of adults living in Enfield had been prioritised by Enfield Council and NHS Enfield Clinical Commissioning Group (CCG), as set out in the report. The priorities set out in the Enfield Joint Adult Mental Health Strategy 2014-2019 were highlighted.

2.               That on average one in four people would be affected by mental health issues.

3.               That the Strategy would bring together the services of the Council and the CCG and would provide greater opportunities for the development of effective joined up services.

4.               Councillor Orhan complemented Councillor McGowan and the officers involved for the presentation of an excellent report and strategy. Support was expressed for the strategy and the focus on early intervention measures.

Alternative Options Considered: NOTED that the Strategy sets out how (a) care pathways would be reshaped and (b) services and support would be improved for Mental Health Service Users and Carers in the future. It also supported the Council and NHS Enfield Clinical Commissioning Group to work in partnership. It proposed an approach to commissioning and developing services for mental health service users and carers that were consistent with current legislation and guidance, and was in line with existing Council and NHS Enfield Clinical Commissioning Group strategies.

DECISION: The Cabinet agreed to

1.               Approve the strategic direction, priorities and objectives for adult mental health care in Enfield, as detailed in the Joint Enfield Mental Health Strategy provided at appendix 1 of the report.

2.               Note that the Strategy was also being considered by the Enfield Clinical Commissioning Group Executive Team prior to submission by the Governing Body in October 2014.  

Reason: The Strategy was intended to meet the government’s key objectives for the delivery of mental health services and to improve mental health service locally. A Joint Strategy between the Clinical Commissioning Group recognised the inter-dependency of health and social care and the impact of wider determinants of good mental health.

(Key decision – reference number 3938)

A report from the Director of Health, Housing and Adult Social Care will be circulated as soon as possible. (Key decision – reference number U189/KD4026)

(Report No.114)

(8.30 – 8.35 pm)

TO FOLLOW

Councillor Doug Taylor (Leader of the Council) invited Mr Constantinos Regas to present his deputation to the Cabinet. Mr Regas was accompanied by Mr Graham Collier and Mr Ian Littlewood.

Asmat Hussain (Assistant Director of Legal and Governance Services) reminded Mr Regas that he had been permitted to attend Cabinet tonight with his deputation and to make representations to the Executive. However, this permission might be withdrawn if the Council’s legal advisers considered that any representations he made strayed into the merits of the current live judicial review claim, in relation to which the sub judice rule continues to apply.

Mr Regas advised Members that he was the claimant for a judicial review against the Council following the Cabinet’s previous decision on this matter taken in April 2014.

Mr Regas noted the dispensation that had been granted to Cabinet Members as detailed in Minute No.2 above. Mr Regas raised a number of questions for Members’ consideration. He noted Professor Mayhew’s further report on anti-social behaviour in Enfield appended to Report No.114 but felt that it did not support the case for Additional Licensing in Enfield.

Mr Regas quoted from extracts, paragraphs 55 and 65, from permission hearing judgement of Mr Justice Ouseley, 3 October 2014 – The Queen (on application of Regas) v London Borough of Enfield as follows:

“55. Although the legal section of the report set out the criteria, it is for those reasons arguable that the local authority had not applied its mind to the statutory requirements for an additional licensing scheme.

65. Having concluded that part of the claim is arguable, and recognising that it is important that an arguably unlawful scheme should not be visited upon the landlords’ HMOs in Enfield unless there was very good reason why the proceedings should not go ahead, I have decided, notwithstanding the want of promptness, but having regard to the absence of prejudice, to permit the challenge in relation to the additional licensing scheme to proceed”.

Mr Regas stated that the Cabinet’s previous decision was arguably unlawful. It was felt that the Council had all the powers necessary to address anti-social behaviour within the Borough. He expressed the view that the consultation undertaken had been inadequate.

Mr Regas also quoted from an extract from Enfield Council’s submission to the House of Commons Communities and Local Government Select Committee Inquiry into the Private Rented Sector in January 2013 in relation to the Housing Act 2004.

In conclusion Mr Regas stated that the Council was attempting to approve a scheme that had been “found wanting” by a High Court Judge. He felt that further discussion was required to address the issues without the introduction of an additional licensing scheme.

Councillor Taylor then provided an opportunity for Mr Collier or Mr Littlewood to address the Cabinet.

Mr Littlewood stated that he was a landlord in Enfield and other London Boroughs. He had always complied with legislation and had received no complaints against him. He felt that existing and  ...  view the full minutes text for item 8.

A report from the Director of Finance, Resources and Customer Services and Director of Health, Housing and Adult Social Care is attached. This seeks approval to the development options for this site. (Report No.116, agenda part two also refers) (Key decision – reference number 3959)

(Report No.115)

(8.35 – 8.40 pm)

Councillor Taylor invited Mr John Jewson to present his deputation to the Cabinet.

Mr John Jewson, Vice Chair of FERAA, stated that he was representing the local community with regard to the proposed redevelopment of the Bury Street West Depot site and wanted to bring a number of concerns to Members’ attention. His deputation included the following issues:

·       Whilst the need for housing in the area was recognised it needed to blend in with the surrounding area. He was opposed to the overdevelopment of the site and highlighted the need for homes of sufficient size that residents would be proud of.

·       The need for adequate parking provision for such a large development site was highlighted. It was already a busy area. 

·       The site was adjacent to Salisbury House, the Bowls Club and Bury Lodge Park. Edmonton School had also been expanded. There would be a need for effective traffic control in the area.

·       The local community would have preferred to have seen the development of private housing which would attract high prices in the area. This revenue could then be used by the Council to build low cost rental accommodation elsewhere.

·       A community hall would be welcomed.

·       The need for easy access for emergency vehicles was stated.

·       The increased pressure on local GP surgeries, schools and dentists was a matter of concern.

·       Safety concerns were highlighted with regard to the proposed additional bridge over Salmons Brook.

·       Reassurances were sought with regard to the future of the Bowls Club and the bungalow located at 294 Bury Street West.

·       It was stated that it had previously been anticipated that extra ground would be provided to the park for recreational equipment for older children.

·       Councillors were encouraged to visit the site before making any decisions.

Councillor Taylor thanked Mr Jewson for his deputation and invited Councillor Erin Celebi to present her deputation to the Cabinet.

Councillor Celebi supported the points raised by Mr Jewson and expressed her concerns over the proposed housing scheme. It was recognised that there was a housing shortage in the Borough. Councillor Celebi stated her view that 3/4/5 bedroom houses should be provided which could be used to release pressure on the provision of temporary accommodation in the Borough. It was suggested that the proposed scheme would be better suited to other sites in the Borough as it was out of character with the surrounding area. Concerns were reiterated over adequate parking facilities and the congestion in the area.

Councillor Celebi raised a number of further issues in her deputation including: Salisbury House was a listed building which needed to be protected and reassurances were sought on what measures the Council would be taking; pressures on the local infrastructure including GP surgeries and schools were highlighted; the future of the Bowls Club was questioned; the protection of wildlife around Salmons Brook was raised together with the safety concerns around the area; it was suggested that the site would be best suited to fewer properties of a larger size; Bury  ...  view the full minutes text for item 9.

To note that no issues have been received for consideration at this meeting.

There were no issues arising from the Overview and Scrutiny Committee for consideration at this meeting.

Attached for information is a provisional list of items scheduled for future Cabinet meetings.

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

To confirm the minutes of the meeting of the Cabinet held on Wednesday 22 October 2014.

AGREED that the minutes of the previous meeting of the Cabinet held on 22 October 2014 be confirmed and signed by the Chairman as a correct record.

To receive, for information, the minutes of a meeting of the Local Plan Cabinet Sub-Committee held on 15 October 2014.

NOTED the minutes of the Local Plan Cabinet Sub-Committee held on 15 October 2014.

There were no written updates to be received.

NOTED that there were no written updates to be received at this meeting.

To note that the next meeting of the Cabinet is scheduled to take place on Wednesday 10 December 2014 at 8.15pm.

NOTED that the next meeting of Cabinet was scheduled to take place on Wednesday 10 December 2014 at 8.15pm.

Councillor Taylor gave his apologies for lateness for this meeting.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding the press and public from the meeting for any items of business listed on part 2 of the agenda on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

(Members are asked to refer to the part 2 agenda)

RESOLVED in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the item of business listed on part 2 of the agenda on the grounds that it involves 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 for Information) (Variation) Order 2006).

A report from the Director of Finance, Resources and Customer Services and Director of Health, Housing and Adult Social Care is attached. This should be read in conjunction with Report No.115, agenda part one refers. (Key decision – reference number 3959)

(Report No.116)

(8.50 – 8.55 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing and Estate Regeneration) introduced the report of the Director of Finance, Resources and Customer Services and Director of Health, Housing and Adult Social Care (No.116).

NOTED

1.               That Report No.115 also referred as detailed in Minute No.9 above.

2.               That the principles and merits of the proposed scheme had been discussed in full as detailed in Minute No.9 above.

3.               That the capital funding was subject to the approval of full Council.

4.               That there was a typographical error in the report on the numbering of the recommendations. The decisions below set out the recommendations presented for agreement of the report.

5.               That decision 2 below was an “in principle” decision.

6.               The financial information set out within the report.

Alternative Options Considered: As set out in Report No.115, Minute No.9 above, and the details set out in section 5 of this report.

DECISION: The Cabinet agreed

1.               That subject to full Council approving the addition of the budget for the project in the capital programme in recommendation 2.1 of the part one report (No.115, detailed in Minute 9 above), to approve an initial budget of the sum detailed in recommendation 2.1 of this report (which was a part of the £33m project cost), and to authorise the project to proceed and that further expenditure of the remaining project budget would be subject to a further report to Cabinet.

2.               To approve in principle the acquisition of the property detailed in recommendation 2.3 of the report, if agreed with the owners, and to delegate to the Cabinet Member for Finance with the Director of Finance, Resources and Customer Services to negotiate and agree the Heads of Terms for the acquisition.

3.               To note that the initial budget would be used to appoint consultants to assist in preparing scheme designs, feasibility studies, other investigations, site preparation and public consultation to support the preparation and submission of a planning application and appropriate documents to assist in the procurement of a developer/contractor and for land assembly purposes if required.

4.               To note that the recommendations detailed in Report No.115 also referred (Minute No.9 above referred).

Reason: As set out in Report No.115, Minute No.9 above.

(Key decision – reference number 3959)