Agenda and draft minutes

Cabinet - Wednesday, 16th September, 2020 7.15 pm

Venue: Virtual Meeting/Remote - Please use the links on the Agenda Front Sheet to join the virtual meeting

Contact: Jacqui Hurst Tel: 0208 379 4096. E-mail:  jacqui.hurst@enfield.gov.uk 

Items
No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

2.

DECLARATIONS OF INTEREST

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

Minutes:

There were no declarations of interest.

3.

DEPUTATIONS

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

Minutes:

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

4.

MINUTES pdf icon PDF 207 KB

To confirm the minutes of the previous Cabinet meeting held on 15 July 2020.

Minutes:

AGREED, that the minutes of the previous meeting of the Cabinet held on 15 July 2020 be confirmed and signed by the Chair as a correct record.

5.

ANNUAL SCRUTINY WORK PROGRAMMES 2020/21 pdf icon PDF 284 KB

A report from the Director of Law and Governance will be circulated as “to follow”. Members will also receive a verbal update at the Cabinet meeting, following consideration of the work programmes at a meeting of the Overview and Scrutiny Committee on 15 September 2020.

Minutes:

Councillor Ian Barnes (Deputy Leader of the Council) introduced the report of the Director of Law and Governance setting out the Overview and Scrutiny Work programmes for 2020/21.

 

NOTED

 

1.            The report and appendices set out the scrutiny work programmes for Overview and Scrutiny Committee and the seven scrutiny panels.

 

2.            Thanks to the Monitoring Officer and the Governance and Scrutiny Team for their work on putting these together. 

 

3.            In July 2020 the Council, as part of a general overview of the Council’s committee structure, agreed a revised scrutiny structure to enhance the scrutiny function.

 

4.            There are now seven standing scrutiny panels, each aligned to one of the Council’s priority areas.  These included panels focussing on Environment and Climate Action, Children and Young People and Regeneration and Economic Development.

 

5.            The work programmes were developed at special work planning sessions attended by the relevant cabinet member and executive director. 

 

6.            The Leader welcomed the report and looked forward to working with scrutiny over the year. 

 

Alternative Options Considered: None:  The Overview & Scrutiny Committee is required, under the Council’s Constitution, to present an annual scrutiny work programme to Council for adoption

 

DECISION: to note the Overview and Scrutiny Work Programme for 2020/21 as agreed by the Overview and Scrutiny Committee on 15 September 2020 and to note that it will be referred to Council for final approval. 

 

Reason: The Council’s Constitution requires that the scrutiny work programmes are adopted by Council on the recommendation of the Overview & Scrutiny Committee, following consultation with the Cabinet and the Executive Management Team (EMT).  (Non key)

6.

Revenue Monitoring 2020/21: Quarter 1 (June 2020) pdf icon PDF 1 MB

A report from the Executive Director – Resources is attached. (Key decision – reference number 5198)

 

Minutes:

Councillor Mary Maguire (Cabinet Member for Finance and Procurement) introduced the report of the Executive Director – Resources setting out the Council’s revenue budget monitoring position based on information to the end of June 2020.

 

NOTED

 

1.            That the report set out the position with, and without, the impact of Covid-19 which demonstrated that the Council had been progressing on the journey of establishing a robust and resilient financial position prior to the outset of the pandemic.

 

2.            Without Coronavirus, the financial position at this point in the year would have been much more positive, with a small overspend of £0.6m.  However, due to the virus, the Council now had a £10.6m overspend, with a total of £64.5m forecast for the whole year. 

 

3.            The situation was constantly under review and regular updates would be received. 

 

4.            The Government had provided £21.1m in extra funds, further support to help manage the loss of sales, fees and charges income and were allowing councils to run a collection fund deficit over 3 years, but this would not be enough to bridge the large funding gap.

 

5.            Money has had to be used from the Council reserves including the risk reserve.  Further details are contained in the report. 

 

6.            The dedicated schools grant had had a deficit of £4.5m last year, and it was forecasted that there would be a further deficit of £2.5m this year, totalling around £7m.

 

7.            The Housing Revenue Account (HRA) was forecasting a £0.6m overspend, but without the Coronavirus, the fund would have been neutral. 

 

8.            Paragraphs 27-78 provide information on the underlying pressures with the General Fund, paragraphs 79 to 114 provide an update on the Covid 19 financial impact, paragraph 21 details the Government response, paragraphs 112 to 115 describe the Council’s response to the pandemic and paragraph 23 to 111 discusses the option to run a collection fund deficit and its implications. 

 

9.            The Coronavirus situation looks to be worsening and the number of cases in the community rising, so the Council has to think about the possible consequences for finances in the future and to encourage people to stay home and protect lives.

 

10.         The Government was still indicating that they would only be carrying out a comprehensive spending review over one year, which was troubling as the Council cannot in this case effectively plan for the future. 

 

11.         The Council was under enormous financial challenge, the Coronavirus situation had been catastrophic, but because the Council’s finances had been well managed over the past two years, it was thought to be in a better situation than it could have been. 

 

12.         There have been significant additional pressures in the housing area, but work would continue developing a new model, the HRA business plan would be reviewed and savings would continue to be identified.

 

13.         The human cost of the Coronavirus has also been very significant with 1,500 premature deaths and large increases in the numbers of lonely and isolated people.  Made worse because  ...  view the full minutes text for item 6.

7.

Capital Programme Monitor First Quarter (June 2020) pdf icon PDF 346 KB

A report from the Executive Director – Resources is attached. (Key decision – reference number 5199)

 

Minutes:

Councillor Mary Maguire (Cabinet Member for Finance and Procurement) introduced the report of the Executive Director Resources informing Members on the current position (as at the end of June 2020) of the Council’s 10 year capital programme 2020/21 to 2029/30, considering the latest information available for all capital schemes including the funding arrangements.

 

NOTED

 

1.            That the report showed that the 2020/21 forecast year end expenditure for the approved programme was projected to be £336m: £188m General Fund, £119m HRA and £29m Enfield Companies.

 

2.            The report covers not just progress on spending agreed in February 2020 but also funding arrangements.

 

3.            The programme has been affected by the Coronavirus with slower spending than was predicted.  Budgets had been re-profiled by 32% (£142m) in total (37% (£107m) in the general fund and 22% (£35m) in the HRA).  The reasons are set out in table 2. 

 

4.            The Housing Gateway Company draws down funds as needed, but they are unable to buy as many properties this year as originally intended, because of the Coronavirus. 

 

5.            Thanks to officers for their work in this area.

 

6.            The ambitious programme was under review to assess the impact of the delays.

 

7.            Key risks had been highlighted around the estate regeneration plans as well as social value outcomes including provision of apprenticeships and cycling schemes. 

 

8.            The capital programme was now back on track and would include over £50m of fire safety works.  The Council was calling on the Government to fund these works. 

 

9.            Despite the Coronavirus situation, good progress on the Snells and Joyce redevelopment project had been made.  There has been a large amount of engagement with residents, although there may now be a slight delay in the plans to hold a ballot.  Improvements will also be taking place in the nearby high street, funded by the Good Growth Fund. 

 

Alternative Options Considered: Not relevant in the context of this report.

 

DECISION: The Cabinet agreed to note

 

1.            The inclusion of the following capital programmes and updated grant funding, in the Council’s 10 Year Capital Programme, which had been granted approved to spend, as follows:

 

·         Education (KD 5082) (School Condition Allocations Grant)

·         Alley Gating (KD 5103)

·         Corporate Condition Programme (KD 5004)

·         Corporate Property Investment Programme (KD 5006)

·         Flood Alleviation (KD 5103)

·         Highways and Street Scene (KD 5103)

·         Housing Adaptations and Assistance (Disabled Facilities Grant)

·         Montagu Industrial Estate (KD 4876)

·         Traffic and Transportation (Transport for London and Department for Transport Grants)

·         Vehicle Replacement Programme (KD 5057)

·         Housing Gateway Ltd (KD 5099)

·         Housing Revenue Account (KD 4969)

 

2.            That the above capital schemes were itemised in Table 3 of the report “Approved Requested Additions”, paragraph 39 of the report referred.

 

3.            That Appendix A of the report detailed the revised 10 year capital programme including all programmes with approval to spend. The total budget was £1,746m.

 

4.            That Appendix B to the report detailed the requested additions, that were subject to further approval.

 

5.            That Appendix C to the report detailed  ...  view the full minutes text for item 7.

8.

Approval of the private rented sector Housing Enforcement Policy pdf icon PDF 125 KB

A report from the Executive Director – Place is attached. (Key decision – reference number 5144)

Additional documents:

Minutes:

Councillor George Savva (Cabinet Member for Licensing and Regulatory Services) introduced the report of the Executive Director Place seeking the approval of the Enforcement Policy for enforcement in the private rented sector, which was supplemental to the Enfield Enforcement Policy approved in 2016.

 

NOTED

 

1.            The report details how the Council will regulate private rented sector housing standards in the borough and sets out a staged approach to non-compliance.

 

2.            Financial penalties were involved but these would not replace the option of prosecution if necessary.  Penalties would range from £500 to £30,000, depending on the seriousness of the offence. 

 

3.            The policy would give officers more robust powers to enforce standards, to ensure that tenants have a decent place to live.  It will also protect landlords.

 

4.            Thanks were offered to Doug Wilkinson, Sue McDaid, Tina Fasi and all the other officers who had worked so hard to bring this scheme about. 

 

5.            The policy supplements the Enfield Enforcement Policy approved in 2016 and would come into effect in September. 

 

6.            The Council would be working with landlords to provide informal advice and to help them to improve properties as necessary.

 

7.            The policy set out the enforcement options and the notices which will have to be issued.  It also included the means to find out if landlords and agents meet a fit and proper test. 

 

8.            The capital works programme was in place to improve the council housing stock to make sure council housing as well as temporary accommodation used by the Council also meets the standards.

 

9.            Energy consumption standards would be set at the Government standard which was a minimum of E, but there were plans for this to be raised to D in 2025 and C in 2030.  This would help address climate change, align with the Climate Action Plan and help reduce the costs for people living in these accommodations.

 

10.         The Council was waiting for Government approval of their selected licencing scheme. This was now with the Secretary of State and the Council were hopeful that it would be approved soon.  The Council had done everything they could to help get the scheme approved and had also received support from local MPs, for which they were grateful. 

 

Alternative Options Considered: NOTED, that there were no viable alternative options. To not have a specific Private Rented Sector Housing Enforcement Policy in place could potentially lead to an inconsistent approach in the exercising of the Council’s enforcement duties and approach to enforcement decisions which could leave the Council open to legal challenge.

 

DECISION: The Cabinet agreed to

 

1.            Approve the Private Rented Sector Housing Enforcement Policy at Appendix 1 to the report, which detailed the principles and processes to regulate and improve housing standards in the private rented sector in the borough.

 

2.            Delegate to the Executive Director Place and in consultation with the Cabinet Member for Licensing and Regulatory Services, to make any minor amendments to the Private Rented Sector Housing Enforcement Policy.  ...  view the full minutes text for item 8.

9.

Approval of the Implementation and setting fee levels for financial penalties under the Housing and Planning Act 2016 and other legislation pdf icon PDF 137 KB

A report from the Executive Director – Place is attached. (Key decision – reference number 5145)

 

Additional documents:

Minutes:

Councillor George Savva (Cabinet Member for Licensing and Regulatory Services) introduced the report of the Executive Director Place seeking delegated authority for the implementation and setting of the level of financial penalties to be imposed as set out in the report.

 

NOTED

 

1.            The introduction of financial penalties would provide an alternative option to prosecutions and were a significant tool to address poor housing conditions.

 

2.            The penalties were set out within a framework including a sliding scale of penalties.  These will be applied taking account of the seriousness of the case and the previous history of the offenders as well as other factors. 

 

3.            The framework would be reviewed after a year to check that it was working effectively.

 

4.            When putting the framework together officers had reviewed schemes run by other boroughs to ensure that the Enfield scheme was in keeping with them. 

 

Alternative Options Considered: NOTED, that the introduction of financial penalties would supplement and enhance the existing enforcement options currently available to the council. If financial penalties were not introduced, the council would continue to use criminal prosecution through the courts for contraventions of housing law by landlords and managing agents in the private rented sector. Prosecution could be resource intensive and time consuming with cases often taking many months to reach a court hearing. Financial penalties would provide more efficient and swifter sanctions for non-compliance but with criminal prosecution still reserved for more serious offences.

 

DECISION: The Cabinet agreed

 

1.         To approve the proposed framework for determining the financial penalty and the penalty charge framework as outlined in Appendix 1.  The framework had been developed in accordance with Section 249A and Schedule 13A of the HA 2004 (as amended), the Civil Penalties under the Housing and Planning Act 2016: Guidance for Local Housing Authorities, April 2018 (Statutory Guidance) and the ESSPRS Regulations 2020.

 

2.         The decision by an officer to issue a ‘Notice of Intent to serve a financial penalty’ would be reviewed by their line manager before it was sent. It was recommended that the Head of Service in the Private Rented Sector Property Licensing and Enforcement Service or the Head of Regulatory Services be delegated the authority (and officers delegated by them) to consider any representations made by recipients of ‘Notices of Intent’ and determine the amount of financial penalty to impose (‘Final Notice’) in accordance with the framework in Appendix 1.  This would assist with consistent decision making.

 

Reason: NOTED the following reasons for the recommendations:

·         With approximately 34% of Enfield’s homes now privately rented, the regulation of the private rented sector required effective enforcement to ensure compliance. Financial penalties can be used as an alternative to prosecutions, but the ability to prosecute is still retained for the more serious offences.   Therefore, financial penalties are an additional enforcement tool and will deliver swifter action against rogue landlords.

·         The Statutory Guidance expects local authorities to develop and document its own policy on determining when to prosecute and when to issue  ...  view the full minutes text for item 9.

10.

Outline Programme for Transport for London Local Implementation Plan funding in 2021/22 pdf icon PDF 226 KB

A report from the Executive Director – Place is attached. (Key decision – reference number 5172)

 

Minutes:

Councillor Guney Dogan (Cabinet Member for Environment and Sustainability) introduced the report of the Executive Director Place setting out the outline programme for utilising funding from Transport for London (TfL) to deliver the Mayor’s Transport Strategy outcomes within Enfield.

 

NOTED

 

1.            This report set out an outline programme for Transport for London Local Implementation Plan funding 2021/22

 

2.            The Council intends to build on existing work encouraging active, safe and sustainable travel.    

 

3.            This was an annual process.  Previous allocations for Enfield were around £2.6m, although, because of the impact of the Coronavirus on Transport for London finances, this might change.

 

4.            The allocation of funding to borough’s supports the delivery of local schemes with significant positive benefits.  For Enfield in 2019/20 this included 4.5k of cycle routes, cycle training places and road safety improvements.

 

5.            The programme will be submitted in October with the funding allocations usually confirmed by December 2020.  Projects would be implemented in 2021/22.  

 

Alternative Options Considered: None, the Council was required to submit a programme of work with supporting schemes in order to access any Local Implementation Plan Funding which might be allocated to Enfield for 2021/22. Therefore, a compliant submission was being proposed.

 

DECISION: The Cabinet agreed

 

1.            The outline programme for utilising funding from Transport for London to deliver the Mayor’s Transport Strategy outcomes within Enfield and for this programme to be implemented, subject to the completion of all necessary statutory procedures.

 

2.            Delegate authority to the Cabinet Member for Environment and Sustainability to agree details of the programme in consultation with the Director of Environment and Operational Services.

 

Reason: The proposals were seeking the necessary approvals that would enable Enfield’s Local Implementation Plan (LIP) funding proposals for 2021/22 to be submitted to Transport for London (TfL) (as detailed in paragraph 5 of the report).

(Key decision – reference number 5172)

11.

Appointment of a Main Contractor Framework to Carry out HIF works at Meridian Water pdf icon PDF 1 MB

A report from the Executive Director – Place is attached. Note: Restricted appendix containing exempt information also refers. (Key decision – reference number 5181)

 

(This item 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).

 

 

 

Additional documents:

Minutes:

Councillor Nesil Caliskan (Leader of the Council) introduced the report of the Executive Director Place seeking approval for the entry by Council into a framework agreement with selected contractors in relation to the delivery of a programme of strategic infrastructure works at Meridian Water.

 

NOTED

 

1.            In July 2018 the Cabinet had approved the scope of the Housing Infrastructure Fund scheme and a planning strategy for delivery.  In August 2019 the Council had been successful in obtaining £156m from Central Government for this work.

 

2.            The Council was now seeking approval to enter into a framework agreement with selected contractors to deliver the projects. 

 

3.            The Council would be forward funding the works which would then be reimbursed from the Housing Infrastructure Fund. Through the framework, the Council would also be able to call off contractors for other projects, not just those funded through the infrastructure fund. 

 

4.            Delegated authority would be subject to further assurances that decisions will be taken in consultation with Cabinet members. 

 

5.            The projects included flood alleviation schemes, bridges and roads which would open up opportunities for further housing development across the site.

 

6.            The money had to be claimed by March 2024. 

 

7.            The scheme would include green infrastructure, cycle lanes and bus connections, encouraging active travel.  There was commitment to improving accessibility for local residents.  Eight hectares of biodiverse park land was envisaged and thirty percent of development would be made up of quality green space.

 

8.            This was good news for the Edmonton area.

 

9.            Contractors would be on site in 2021.

 

Alternative Options Considered: NOTED, the alternative options that had been considered: Do nothing – this would leave the Council without the strategic infrastructure and prevent phase delivery at Meridian Water delaying provision of much needed affordable homes. Re-tender – the Council had received three valid tender responses, which had demonstrated a good understanding of the Council’s requirements and value for money (paragraph 90 of the report referred).

 

DECISION: The Cabinet agreed to

 

1.            Approve the entry by the Council into a Contractor Framework Agreement with Bidder A, Bidder B and Bidder C (detailed in the confidential appendix to the report, containing exempt information) in relation to the delivery of a programme of strategic infrastructure works at Meridian Water.

 

2.            Approve the entry by the Council into a pre-construction services agreement (PCSA) (for the first phase or the whole package of works) in accordance with the call-off provisions of the framework and in consultation with all members of the Cabinet. The maximum contract value of the (first) PCSA was set out in the confidential appendix to the report.

 

3.            Subject to satisfactory performance by that contractor of its obligations under the PCSA and availability of funding from the MHCLG delegate authority to award the NEC4 contract under the framework to Programme Director – Meridian Water in consultation with the Lead Member for Meridian Water, Acting Executive Director Resources and Director of Law and Governance. The estimated contract value was  ...  view the full minutes text for item 11.

12.

Meridian Water Residential Delivery Programme pdf icon PDF 2 MB

A report from the Executive Director – Place is attached. Note: Part 2 report containing exempt information also refers. (Key decision – reference number 5174)

Minutes:

Councillor Nesil Caliskan (Leader of the Council) introduced the report of the Executive Director Place updating Cabinet on the progress made to deliver new homes and sustainable neighbourhoods at Meridian Water.

 

NOTED

 

1.            That a part two report containing exempt information also referred as detailed in Minute No.16 below.

 

2.            Since the Council assumed the role of the master developer in 2018, great progress has been made and contracts have been negotiated to build around 1,200 homes. 

 

3.            In October 2019 an agreement was signed with the Vistry Group to build Meridian Water Phase 1 - 950 homes (50% affordable and 50% Council owned) as well as public open spaces and a skills academy.  This was on track for completion as planned.

 

4.            The skills academy will provide employment and training for local people in skills related to the built environment.  This would lead to sustainable well-paid employment opportunities.  The Council is working closely with Vistry so that the skills academy can continue its work beyond Meridian Phase One.

 

5.            In March 2020, Vistry was selected to for a partnership to build a further 250 homes which would be 100% council owned.  This report sets out the detailed delivery plan for phase 2. It would mean that the Council could retain the ability to control and shape the building proposals. 

 

6.            Meridian Water Phase 3 involves two plots which could be used to provide student or coliving housing.  Despite the current issues with student housing it was still felt to be worthwhile to pursue the coliving options. 

 

7.            Three options have been put forward for Meridian Water Phase 4.  These are set out in the report as Option 1,2a and 2b. In Option 1 the Council would act as the master developer, but the phase would be delivered by a third party who could deliver homes for rent or sale at their discretion. 

 

8.            In Option 2a the Council would enter into a forward sale agreement with a build to rent investor and with a registered provider. In Option 2b the Council would enter into a forward funding agreement instead of this. Both options would deliver market and affordable homes for rent at a range of prices. 

 

9.            The report recommends that the Phase 4 scheme is directly delivered by the Council.  This would reduce the overall council debt and generate receipts for the Council.  Further details on page 330 of the agenda pack. 

 

10.         The private sector rental market was not working for residents this scheme would provide alternatives. 

 

11.         Despite the Coronavirus situation, the overall schemes are on track.  There have been no major delays.  Risks are being managed by procuring the development partner in advance.  Professional expertise will be bought in where needed to manage the projects.

 

12.         Welcome for the proposals which would provide much needed family homes for local people. 

 

13.         Thanks to the officers for all the work they had put in to develop these proposals.

 

14.         The first phase of the scheme would  ...  view the full minutes text for item 12.

13.

CABINET AGENDA PLANNING - FUTURE ITEMS pdf icon PDF 150 KB

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

Minutes:

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

14.

DATE OF NEXT MEETING

To note that the next Cabinet meeting is scheduled to take place on Wednesday 14 October 2020.

Minutes:

NOTED, that the next Cabinet meeting was scheduled to take place on Wednesday 14 October 2020 at 7.15pm.

15.

EXCLUSION OF THE PRESS AND PUBLIC

To consider passing a resolution under Section 100(A) of the Local Government Act 1972 excluding the press and public from the virtual meeting for the items of business listed as part 2 on 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)

Minutes:

RESOLVED in accordance with Section 100(A) of the Local Government Act 1972 to exclude the press and public from the virtual meeting for the item of business listed as part two on 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 to Information) (Variation) Order 2006).

 

16.

MERIDIAN WATER RESIDENTIAL PROGRAMME REPORT

To receive a report from the Executive Director – Place. (The part one report above also refers). (Key decision – reference number 5174)

 

(This item 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).

 

Additional documents:

Minutes:

Councillor Nesil Caliskan (Leader of the Council) introduced the report of the Executive Director Place providing supplementary confidential information to the part one report and the Phase 2 detailed delivery plan.

 

NOTED

 

1.            That the part one report also referred as detailed in Minute No.12 above.

 

Alternative Options Considered: NOTED, the options that had been considered as set out in paragraph 66 of the report.

 

DECISION: The Cabinet agreed

 

1.    To authorise the expenditure of an additional sum (as detailed in the report) above that authorised in Cabinet Reports KD4421 and KD4439  to place an order with Cadent Gas to relocate gas infrastructure to enable development of Meridian One and the future development of Phase 4 and which amounts can be accommodated from within the budget approved by Council in November 2019 (KD4469). That Cabinet further delegates authority to the Programme Director – Meridian Water to approve and enter into such agreements as are necessary (including any consequential variation to the Meridian One Development Agreement) to formalise such instruction. 

 

2.    To approve the acquisition by the Council of the land which currently houses the PRS site, and the disposal by the Council of land required for the new PRS facility, as per the previously authorised recommendations in KD4945 for a net acquisition price as set out in the report, on the basis of the expected PRS relocation costs set out in this report which have increased from the figures previously reported. 

 

Reason: NOTED, the reasons for the recommendations as set out in paragraphs 8 and 9 of the report.

(Key decision – reference number 5174)