Agenda and minutes

There were no apologies for absence.

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

There were no declarations of interest in respect of any items listed on the agenda.

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

Report Nos. 13 and 14 – Acquisition of Land (Minute Nos. 11 and 18 below refer).

Councillor Alev Cazimoglu (Cabinet Member for Health and Adult Social Care) took this opportunity to raise an urgent item for Cabinet’s attention and endorsement. Councillor Cazimoglu made the following statement:

Statement to Cabinet from Cabinet Member for Health and Adult Social Care

As Cabinet Member for Health and Adult Social Care I wish to comment on the recent worrying media coverage about ongoing concerns at North Middlesex Hospital.

Following the publication of the CQC warning notice, The Leader and I wrote to the Secretary of State for Health – Jeremy Hunt to express our very significant concerns regarding the challenges that North Middlesex University Hospital NHS Trust are facing and seek his personal intervention to ensure that all support and resources are made available to bring an immediate and sustainable solution to this situation.

The North Middlesex A&E is one of the busiest Emergency Departments in London and serves a very deprived area with significant health needs in the local population. The Trust has been under considerable strain not least as a result of a lack of emergency department Consultants, resulting in performance and quality issues. North Middlesex University NHS Trust has been given until 26 August 2016 by CQC to make the improvements.

The Council has continually engaged with North Middlesex University NHS Trust, NHS commissioners, regulators and neighbouring trusts to encourage a whole system response that ensures the support required to the Hospital is provided. A Programme Oversight Group has been established by the NHS to take forward the required support to the Trust at which the London Borough of Enfield will be represented.

I have no doubt the issues with North Middlesex University NHS Trust are compounded by the financial underfunding of Enfield CCG, which has to find an additional £7 million in savings on top of £14 million already planned this year, which is in addition to an underlying £49 million structural deficit. This must be an impediment to supporting North Middlesex University NHS Trust and I will continue to raise this issue with the NHS.

Finally, we must not forget that when Chase Farm Hospital lost it’s A&E, local people were repeatedly assured that there would be a safer and better service available to them, like me they will be gravely concerned to hear such worrying reports about the service on the North Middlesex site.  On their behalf we will continue to do all we can to support the hard working front line staff at North Middlesex Hospital and to press the Secretary of State  ...  view the full minutes text for item 3.

To note that no requests for deputations have been received for presentation to this Cabinet meeting.

NOTED, that no requests for deputations had been received for presentation to this Cabinet meeting.

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

1.     Report Nos.13 and 14 – Acquisition of Land

AGREED, that subject to agreement by Cabinet this evening, the decisions arising from the following reports would be reported to full Council:

1.               Report Nos. 13 and 14 – Acquisition of Land: Purchase of Site on Gibbs Road, Montagu Industrial Estate, N18 3PU (Minute Nos. 13 and 14 below refer)

A report from the Director of Finance, Resources and Customer Services is attached. This outlines the progress made in exercising the new roles of the Associate Cabinet Members and provides updates through the work programme outcomes/summaries of activities up to March 2016. (Non key)

(Report No.8)

(8.20 – 8.25 pm)

Councillor Achilleas Georgiou (Deputy Leader of the Council) introduced the report of the Director of Finance, Resources and Customer Services (No.8) providing an update on the Associate Cabinet Members.

NOTED

1.               The progress which had been made in exercising the new roles of the Associate Cabinet Members and the updates provided through the work programme outcomes/summaries of activities up to March 2016.

2.               Councillor Vicki Pite (Associate Cabinet Member – Enfield North) echoed the comments made in Councillor Savva’s update; and, expressed her appreciation to officers for the helpful, supportive and creative assistance received by the Associate Cabinet Members in support of their cross-departmental and area based work.

3.               Councillor George Savva (Associate Cabinet Member – Enfield South East) reiterated his thanks to both officers and Members for their contributions in supporting the effective work and development of the Associate Cabinet Member roles, in particular Shaun Rogan (Head of Communities, Partnerships and External Relations). Councillor Savva highlighted their role in supporting the Friends of Parks Groups and their encouragement of volunteering by local residents.

4.               Councillor Bambos Charalambous (Associate Cabinet Member – Enfield West) highlighted their evolving and developing role, which varied within the geographical areas of the Borough that they each represented. Councillor Charalambous was now Chair of the “Festivals in Trent Park” Group and also outlined his role in supporting the Friends of Parks Groups. The support provided by Council officers was appreciated in helping to develop and expand the roles undertaken by the Associate Cabinet Members.

5.               Members of the Cabinet expressed their thanks and appreciation to the Associate Cabinet Members; they valued the support that they provided to the Cabinet particularly on major geographical issues such as Cycle Enfield and in supporting the Friends of Parks groups. 

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

Reason: To note the work programme updates presented by the three Associate Cabinet Members.

(Non key)

A report from the Director of Health, Housing and Adult Social Care is attached. This presents the new London Multi Agency Adult Safeguarding Policy and Procedures. (Non key)

(Report No.9)

(8.25 – 8.30 pm)

Councillor Alev Cazimoglu (Cabinet Member for Health and Social Care) introduced the report of the Director of Health, Housing and Adult Social Care (No.9) presenting the new London Multi-Agency Adult Safeguarding Policy and Procedures.

NOTED

1.               That in line with the Care Act 2014 and statutory guidance, the previous pan London policy and procedures to protect adults at risk had been updated. These had been developed across London to ensure a consistent approach to adult safeguarding.

2.               The statistics relating to adult safeguarding reports received by the Council and the actions required of the Enfield Safeguarding Adults Board in dealing with and investigating reports of abuse. The role of effective partnership working and, the support of individuals to prevent the risk of future harm being experienced were outlined to Members.

3.               Councillor Brett requested a breakdown of the different ethnic groups within the Borough reporting/experiencing instances of adult abuse. Ray James (Director of Health, Housing and Adult Social Care) would provide this information and, advised Members that an annual report from the Adults Safeguarding Board wold be presented to a future Cabinet meeting.

Alternative Options Considered: This policy and procedures helps to ensure consistency across London and compliance with changes to safeguarding as brought about by the Care Act 2014 and the Making Safeguarding Personal agenda.

DECISION: The Cabinet agreed to note and adopt the new London Multi Agency Adult Safeguarding Policy and Procedures.

Reason: To note the changes and agree adaptation of the policies and procedures, supporting this consistency in practice across London. This would further enhance the collaborative and partnership process to safeguarding adults at risk.

(Non key)

A report from the Director of Regeneration and Environment is attached. This proposes a strategy and mechanism for delivering a pilot programme of affordable, custom build homes and also self-build homes, on smaller scale Council owned sites in Enfield. (Key decision – reference number 4200)

(Report No.10)

(8.30 – 8.35 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing and Housing Regeneration) introduced the report of the Director of Regeneration and Environment (No.10) proposing a strategy and mechanism for delivering a pilot programme of affordable, custom build homes, and also self-build homes, on smaller scale Council owned sites in Enfield.

NOTED

1.               The potential benefits for Enfield residents in the provision of such affordable housing as set out in the report. Councillor Oykener highlighted the return to the Council and affordability of the housing as detailed in section 3 of the report and, drew Members’ attention to the example outlined in paragraph 3.16 of the report.

2.               The Table provided in section 3.35 of the report setting out an initial schedule of sites that were being considered for custom build development. Members questioned the location of the sites, the majority of which were in EN3. In response, it was noted that sites across the Borough were being considered and that it was a pilot programme at this stage. The sites were in the main redundant garages.

3.               The valuations of four garage sites as outlined in paragraph 4.3 of the report. Councillor Oykener explained the proposals and financial implications for the Council, as detailed in the report. The new properties would be provided as leasehold. Members noted that a number of the sites in question were currently in a poor state of repair.

4.               Councillor Orhan whilst fully supporting the proposals drew Members’ attention to the eligibility criteria set out in paragraph 6.3.2.1 and expressed the desire for the criteria to be further developed in the future to include those who were unable to access housing of any type through the normal mechanisms; there was scope for further innovative and creative developments in the future.

5.               In response to a question raised, it was noted that there was already an expressed level of interest in such housing highlighted through the local ownership and shared ownership schemes. Members were advised that traditional design build was being considered for such permanent housing; it was intended to have a simplistic external design with potential involvement of residents in the internal design as appropriate for each individual scheme. Members’ attention was drawn to paragraph 3.36 of the report setting out the proposals for custom build schemes and possible self-build opportunities for individuals.

6.               The work which was also being undertaken by Housing Gateway.

Alternative Options Considered: NOTED, the following options which had been considered as set out in full in section 4 of the report: Do nothing; Disposal of the sites at full market value; development of sites for new housing by the Council; flexible housing; and, bring the sites back into use as garages or parking areas.

DECISION: The Cabinet agreed to authorise

1.               The Council to adopt the strategy and mechanism for enabling custom build and self-build development as set out in this report, with reference to the draft Heads of Terms appended as Appendix 1 to the report.

2.               The Council to grant  ...  view the full minutes text for item 8.

A report from the Director of Regeneration and Environment is attached. This seeks approval to spend grant funding for the design, consultation and implementation of Cycle Enfield schemes. (Key decision – reference number 4270)

(Report No.11)

(8.35 – 8.40 pm)

Councillor Daniel Anderson (Cabinet Member for Environment) introduced the report of the Director – Regeneration and Environment (No.11) seeking financial approval to spend grant funding for the design, consultation and implementation of Cycle Enfield schemes detailed in appendix 1 of the report.

NOTED

1.               That this was a key year for the progress of the Cycle Enfield projects. Section 5.1 of the report set out the Council’s overall Mini Holland allocation for 2016/17 for each programme of investment, further details were provided in Appendix 1 of the report. Specific scheme approval would be required prior to implementing the individual elements of the programme. Councillor Anderson drew Members’ attention to the individual schemes, their anticipated timescales and proposals for going forward, there was a significant amount of work to do.

2.               In response to a question raised, the terms of the funding to be allocated to the Council by TfL, for each of the identified schemes, was outlined in detail to the Cabinet. In addition, the consultation to be undertaken on each of the schemes was highlighted. It was emphasised that this was external, not Council, funding.

3.               Officers outlined in detail the comprehensive consultation which had taken place to date and, the consultation planned for the future. The importance of engaging with local communities and in particular vulnerable and hard to reach groups was emphasised by Members. Councillor Brett highlighted the importance of inclusive consultation as far as possible. Councillor Brett would assist officers in suggested future consultation methods to maximise the effectiveness and inclusivity for all groups of residents within the Borough.

4.               The considerable work undertaken by officers with regard to Cycle Enfield. Councillor Savva encouraged Councillors to engage with and become more involved in their local communities where possible to encourage resident participation in such consultation events.

Alternative Options Considered: The Council could decline the Mini Holland funding. However, this would mean forgoing £30 million of investment in the borough and the associated economic, health and transport benefits.

DECISION: The Cabinet agreed to approve

1.               The expenditure of the £7,436,000 Mini Holland funding provided to date by TfL to progress the programme of works for 2016/17 set out in appendix 1 of the report.

2.               Delegation of authority to the Cabinet Member for Environment to:

(a)  Approve expenditure of any additional funding provided by TfL for 2016/17 in order to progress the programme set out in Appendix 1 of the report.

(b)  Amend the programme as necessary for operational reasons.

Reason: To spend the Mini Holland funding awarded by TfL to progress the delivery of the programme of works set out in Appendix 1 of the report. The overall aims of the programme were set out in section 7 of the report.

(Key decision – reference number 4270)

A report from the Director of Regeneration and Environment is attached. This seeks approval to register with and access a number of procurement frameworks. (Key decision – reference number 4254)

(Report No.12)

(8.40 – 8.45 pm)

Councillor Ahmet Oykener (Cabinet Member for Housing and Housing Regeneration) introduced the report of the Director – Regeneration and Environment (No.12) seeking approval to register with and access a number of procurement frameworks set up by other public sector partners and Local Authorities, both for construction work and professional consultancy services.

NOTED

1.               That to ensure maximum flexibility and value for money when procuring Council contracts, it was proposed that the Council enter into a number of other procurement frameworks to supplement the Council’s access to the wider market, as set out in full in the report.

2.               The financial implications as set out in section 6.1 of the report; joining the frameworks would not mean that the Council would spend more on procurement.

3.               Members expressed their support of the proposals.

Alternative Options Considered: NOTED the alternative options considered as set out in section 4 of the report and set out below:

(a)            Continue to procure exclusively via our own framework for any Works contracts

(b)            Tender each individual consultancy contract via the London Tenders Portal

(c)            Procure our own Consultancy Services framework.

Other frameworks had also been considered, however, they either had not been set up to allow access by Enfield Council or they did not offer the Council the scope of potential partners that the Council sought for this programme of works.

DECISION: The Cabinet agreed that

1.               Authority be delegated to the Director – Regeneration and Environment to complete the procedures and paperwork to enable Enfield Council to join the London Housing Consortium (LHC) Framework and subsequently procure construction works as appropriate, subject to final approval of individual scheme delegated authority reports by the Cabinet Member for Housing and Housing Regeneration.

2.               Approval also be given for the Cabinet Member for Housing and Housing Regeneration to join the Board of LHC as a representative of Enfield Council.

3.               Authority be delegated to the Director – Regeneration and Environment to complete the procedures and paperwork to enable Enfield Council to join the Brent Housing Partnership Framework and subsequently procure Consultancy Services contracts as appropriate, subject to final approval of individual scheme delegated authority reports by the Cabinet Member for Housing and Housing Regeneration.

4.               Authority be delegated to the Director – Regeneration and Environment to complete the procedures and paperwork to enable Enfield Council to join the Royal Borough of Kingston Framework and subsequently procure Consultancy Services contracts as appropriate, subject to final approval of individual scheme delegated authority reports by the Cabinet Member for Housing and Housing Regeneration.

Reason: The three frameworks were all OJEU (Official Journal of the European Union) compliant and provide a cost efficient method for the Council to continue to procure works and consultancy services in a transparent and legally compliant way. The Contractors and Consultants on these frameworks were generally well known to Enfield Council and had established track records in the delivery of the works and services that we require.

(Key decision – reference number 4254)

Councillor Doug Taylor (Leader of the Council) advised Members that the order of the agenda would be varied to allow consideration of both the part one and part two reports on “Acquisition of Land: Purchase of Site on Gibbs Road, Montagu Industrial Estate, N18 3PU” to be considered together. The press and public were excluded for the discussion as set out in Minute No.12 below.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 excluding 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 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 100(A) of the Local Government Act 1972 to exclude the press and public from the meeting for the item listed on part 2 of the agenda on the grounds that it involves the likely disclosure of exempt 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 will be circulated as soon as possible. (Report No.14, agenda part two also refers).

(Report No.13)

(8.45 – 8.50pm)

TO FOLLOW

Councillor Doug Taylor (Leader of the Council) read out the following statement prior to the consideration of the following report, the part two and super part two reports:

“Should the Cabinet agree in the super part 2 to take the decision to acquire the Gibbs Road property, subject to the Council undertaking its property, financial and legal due diligence, I am likely to use the Urgent Action procedures set out in our Constitution, Chapter 4.1 Rules of Procedure, section 30.

The financial implication of the purchase is to add to the 2016/17 Capital Programme; this engages Schedule 4 of the Functions and Responsibilities Regulations 2000 and is not for Cabinet to agree but Full Council.

The urgency action procedure enables me as the Leader to exercise the powers of the Council in any matter of immediate urgency and cannot await the next ordinary meeting of the Council.

I am likely to take the decision in consultation with the relevant Cabinet Members and will report the decision to the next Council meeting due to take place on the 13 July 2016.”

Councillor Alan Sitkin (Cabinet Member for Economic Regeneration and Business Development) introduced the report of the Director of Finance, Resources and Customer Services (No.13) seeking approval to purchase a vacant industrial site on Gibbs Road, Montagu Industrial Estate, N18 3PU which had come to the market.

NOTED

1.               That Report No.14 and 14A (super part 2) also referred as detailed in Minute No.14 below.

2.               The need for the Council to take advantage of such opportunities as they arose for the future benefit of the Council.

Alternative Options Considered: Not acquiring the property was considered a lost opportunity, given the Council’s current land holdings in the area.

(NOTE: The following decisions were taken at the conclusion of Members’ discussion of both the part one, part two and super part two reports as outlined in this Minute and in Minute No.14 below).

DECISION: The Cabinet agreed to approve the acquisition of the property which would be achieved through the purchase of a company specifically set up to hold the property on Gibbs Road, N18 3PU, or through direct purchase of the property by negotiation and delegate authority to the Director of Finance, Resources and Customer Services in consultation with the Cabinet Member for Finance and Efficiency to agree final Heads of Terms and exchange/complete the transaction if the Council’s offer was accepted by the vendor, subject to appropriate legal, finance and property due diligence being undertaken to the satisfaction of the Director of Finance, Resources and Customer Services in consultation with the Cabinet Member for Finance and Efficiency.

RECOMMENDED TO COUNCIL an addition to the Capital Programme to be funded from borrowing to enable the purchase of the site as detailed in the part 2 report, Minute No.14 below refers.

Reason: This was a rare opportunity in the Enfield property market. The site’s planning context and its constraints severely restrict the potential for other uses, in particular residential development. In  ...  view the full minutes text for item 13.

A report from the Director of Finance, Resources and Customer Services will be circulated as soon possible. (Report No.13, agenda part one also refers)

(Report No.14)

(9.00 – 9.05pm)

TO FOLLOW

(This document contains exempt 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 Schedule 12A to the Local Government Act 1972, as amended)

Councillor Alan Sitkin (Cabinet Member for Economic Regeneration and Business Development) introduced the report of the Director of Finance, Resources and Customer Services (No.14), in conjunction with the part one and super part two reports.

NOTED

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

2.               That a super part 2 report was circulated at the meeting (No.14A) under restricted circulation and collected in again following consideration by the Cabinet.

3.               Councillor Taylor invited questions from Cabinet Members on the proposals detailed in the reports which were responded to at the meeting by officers present. Questions included the potential decontamination costs; and, in response to issues raised, clarification was provided on aspects of both the financial and property implications as set out in the super part 2 report containing exempt information. Members noted and discussed the clarification provided at the meeting.

4.               Asmat Hussain (Assistant Director – Legal and Governance) advised Members of the required governance arrangements to be followed for this decision; the urgency procedures, and the approval required for the addition of the funding to the Council’s capital programme. It would be necessary for the Leader of the Council to use his powers to take an urgent decision on behalf of the Council, as set out in the statement in Minute No.13 above, to ensure that the required timescales for submitting a bid to purchase this site could be met. The decision could not await the next Council meeting which was scheduled to take place on 13 July 2016.

5.               In response to questions raised by Members, clarification was provided on the costs involved in submitting a bid; the way forward should the bid not be successful; the anticipated timescales for the outcome of the bid to purchase and the financial projections detailed in the report, including the anticipated rental income. Minimal costs had been incurred at this stage of the process.

6.               That paragraph 8.1.2 of the super part 2 report should be amended by the deletion of the final sentence of the paragraph.

7.               The potential future uses of the site were considered and discussed. Members noted the assessment of rental and likelihood of letting as set out in section 4.2 of the report. In response to questions raised, further advice was provided at the meeting on the assessments which had been undertaken to date.

8.               Councillor Taylor highlighted the processes which would follow Cabinet agreement this evening and his urgent action on behalf of the Council. If the Council’s bid was successful due diligence would be undertaken; Members were being asked to make an in principle decision to make a bid to purchase subject to a number of caveats that were set out in the reports. The deadline for the bid to be made was 16 June 2016, hence the need for urgent action to be taken. Members recognised the potential implications for the Council’s capital programme as addressed within the reports and noted the need to act as such opportunities presented  ...  view the full minutes text for item 14.

To note that there are no items to be considered at this meeting.

NOTED, that there were no items to be considered 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, in particular the reports due to be considered at the July meeting.

To confirm the minutes of the previous meeting of the Cabinet held on 18 May 2016.

AGREED, that the minutes of the previous meeting of the Cabinet held on 18 May 2016 be confirmed and signed by the Chair as a correct record.

To note that there are no written updates to be received at this meeting.

NOTED that

1.               There were no written updates to be received at this meeting.

2.               A recent meeting of the Enfield Strategic Partnership had taken place and an update would be provided to the next Cabinet meeting.

To note that

1.               The next meeting of the Cabinet is scheduled to take place on Thursday 7 July 2015 at 8.15pm.

2.               The September meeting of the Cabinet has been re-scheduled to take place on Tuesday 6 September at 8.15pm.

NOTED, that

1.               The next meeting of the Cabinet was scheduled to take place on Thursday 7 July 2015 at 8.15pm.

2.               The September meeting of the Cabinet had been re-scheduled to take place on Tuesday 6 September at 8.15pm.