MR L. RAHMAN (MAYOR) IN THE CHAIR

MAYOR’S WELCOME AND OPENING STATEMENT

The Mayor:

·                    Welcomed those present in the public gallery to the second meeting of the Cabinet, since his election as Mayor of Tower Hamlets, and thanked them for braving the inclement weather to be so.

·                    Made an opening statement as follows:-

During the meeting he and his Cabinet would lay the groundwork for the Council’s response to unprecedented cuts made by the Coalition Government. This was not a task they relished, and he hoped that Councillors and residents alike shared his anger that the “Con-Dems” were forcing Councils across the country to do so much of their dirty work.

He was pleased to report however, that discussions were progressing as well as possible given the context. As Mayor he had pledged to protect frontline services, and he and his Cabinet, together with Officers of the Council, were working hard to achieve this. He expressed the hope that by rebalancing the Budget situation inherited from the previous Administration and by reorganising the Council, focusing in particular on the role of managers and backroom staff, that he and his Cabinet could soften the blow for the Council’s lowest paid workers and protect services for the Community that they and he served.

He informed those present that Mr Collins, Chief Executive, had recently issued a letter to the Trades Unions under Section 188 of the Trade Unions and Labour Relations Act, which gave formal notice of the restructuring [of the Council and its workforce] to come. He knew Mr Collins had done this with some sadness; but also realised that this was the situation the Council and his Administration now found themselves in, thanks to the overzealous and ideologically motivated spending cuts the Coalition Government had pushed on to them. He reported that initial discussions with the Chief Executive and the Trades Unions had gone well, and he would be meeting with them himself as soon as was practical.

He gave an assurance, as Mayor, that the Council and his Administration were doing everything possible to avoid compulsory redundancies. Also he had asked Officers to review the terms and conditions of the Council’s employees with a view to ensuring the achievement of best value, but gave an assurance that there would be no impact on employees until April or May 2011.

In conclusion, he expressed his personal anger at the cuts, which he felt threatened to tear the heart out of the Community. He asked all Councillors in Tower Hamlets to work with him, as Mayor, to pull together a Budget that would serves all their residents. To facilitate this he announced that he would be making Budget papers available to them as soon as they were formalised; and also encouraging them to take a full and robust part in the associated debate. Aware also that two of the major political parties had decided not to work with him, as Mayor, nor for the Community, he once again called on them to end the petty bickering and turn back to what was really important: the lives and futures of the hundreds of thousands of people who relied on the Council its Councillors to provide vital services, and especially to protect them in these exceptionally difficult times. 

ANNOUNCEMENT

Mr Dalvi, Corporate Director Development and Renewal, at the request of the Mayor, informed the Cabinet that the report on regeneration of Blackwall Reach including Robin Hood Gardens, detailed on the order of business at agenda item 6.2 “Blackwall Reach Partner Selection” (CAB 056/101), had been withdrawn at his request, and subsequently outlined the rationale for this:

·                    The evaluation process was not complete and therefore he was unable to submit a report containing all the necessary information for Cabinet to make an informed decision on the proposals.

·                    Since the election of Mayor Rahman in October 2010 there had not been an opportunity for the new Mayor and his Cabinet to consider the proposals in depth.

He concluded that a report on this matter would be submitted for consideration at a future meeting of the Cabinet.

ADJOURNMENT

At this juncture the Mayor informed those present that before he and his Cabinet proceeded to consideration of the substantive business set out in the agenda, there would be an opportunity for the public to put questions to himself, the Deputy Mayor, and other Members comprising the Cabinet who were present. Accordingly the Mayor Moved the following motion for the consideration of members of the Cabinet, and it was: -

Resolved

That the Cabinet adjourn for a short period of up to 15 minutes, at 5.40pm, and that the meeting reconvene thereafter.

The meeting adjourned at 5.40pm

The meeting reconvened at 5.42pm

Question & Answer Session

A member of the public sought and was given clarification as to the publication and availability of agenda item 10.2 “Budget 2011/12 - 2013/14” (CAB 064/101), marked “to follow” on the order of business in the main agenda pack, and which had been circulated in a supplemental agenda on Friday 26^th November 2010.

Mr Collins, Chief Executive, also commented that the principal report regarding initial consideration of the Authority’s Budget for 2011/12 - 2013/14 would be submitted to the meeting of the Cabinet due to be held on 12 January 2011. The report would be published and available by close of business on 24 December 2010.

To receive any apologies for absence.

Apologies for absence were received on behalf of:

·                    Councillor Rabina Khan, Cabinet Member for Housing.

·                    Ms I Freeman, Assistant Chief Executive (Legal Services) for whom Ms J. Bell, Head of Legal Services Environment, Legal Services, was deputising.

·                    Ms H. Taylor, Corporate Director Adults Health and Wellbeing for whom Mr J. Roog, Service Head Older People, Adults Health and Wellbeing, was deputising.

·                    Mr A. Dalvi, Corporate Director Development and Renewal, present at the start of the proceedings would be leaving prior to their end, and at this juncture Ms J. Odunoye, Service Head Strategy Innovation and Sustainability, Development and Renewal would be deputising.

Noted.

Apologies for absence were received on behalf of:

·                    Councillor Rabina Khan, Cabinet Member for Housing.

·                    Ms I Freeman, Assistant Chief Executive (Legal Services) for whom Ms J. Bell, Head of Legal Services Environment, Legal Services, was deputising.

·                    Ms H. Taylor, Corporate Director Adults Health and Wellbeing for whom Mr J. Roog, Service Head Older People, Adults Health and Wellbeing, was deputising.

·                    Mr A. Dalvi, Corporate Director Development and Renewal, present at the start of the proceedings would be leaving prior to their end, and at this juncture Ms J. Odunoye, Service Head Strategy Innovation and Sustainability, Development and Renewal would be deputising.

Noted.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

Councillor Rania Khan declared a personal interest in Agenda item 6.3 “Options for the disposal of two long-term void properties and Council properties previously in shortlife use” (CAB 057/101). The declaration of interest was made on the basis that the report contained recommendations relating to properties located in Bromley-by-Bow Ward, and Councillor Rania Khan was one of the Ward Councillors for Bromley-by-Bow Ward.

Mayor L. Rahman declared a personal interest in Agenda item 7.1 “Proposed Mulberry & Bigland Green Centre” (CAB 060/101). The declaration of interest was made on the basis that the report contained recommendations relating to Mulberry Secondary Girls School, and Mayor Rahman’s daughter attended Mulberry Secondary Girls School.

Noted.

Action by:

ASSISTANT CHIEF EXECUTIVE – LEGAL SERVICES (I. FREEMAN)

Executive Team Leader, Democratic Services, Chief Executive’s (A. Taylor)

Councillor Rania Khan declared a personal interest in Agenda item 6.3 “Options for the disposal of two long-term void properties and Council properties previously in shortlife use” (CAB 057/101). The declaration of interest was made on the basis that the report contained recommendations relating to properties located in Bromley-by-Bow Ward, and Councillor Rania Khan was one of the Ward Councillors for Bromley-by-Bow Ward.

Mayor L. Rahman declared a personal interest in Agenda item 7.1 “Proposed Mulberry & Bigland Green Centre” (CAB 060/101). The declaration of interest was made on the basis that the report contained recommendations relating to Mulberry Secondary Girls School, and Mayor Rahman’s daughter attended Mulberry Secondary Girls School.

Noted.

To confirm as a correct record of the proceedings the unrestricted minutes of the ordinary meeting of the Cabinet held on 11^th November 2010.

The Mayor moved and it was:-

Resolved

That the unrestricted minutes of the ordinary meeting of the Cabinet held on 11^th November 2010 be approved and signed by the Mayor as a correct record of the proceedings.

Action by:

ASSISTANT CHIEF EXECUTIVE – LEGAL SERVICES (I. FREEMAN)

Executive Team Leader, Democratic Services, Chief Executive’s (A. Taylor)

The Mayor moved and it was:-

Resolved

That the unrestricted minutes of the ordinary meeting of the Cabinet held on 11^th November 2010 be approved and signed by the Mayor as a correct record of the proceedings.

To receive any deputations or petitions.

Nil items.

The clerk advised that the Assistant Chief Executive (Legal Services) had received no requests for deputations or petitions in respect of the business contained in the agenda.

To receive any advice of key issues or questions in relation to the unrestricted business of the Cabinet, arising from the meeting of the Overview and Scrutiny Committee held on 30^th November 2010.

Sheet of questions and comments arising from the Overview and Scrutiny Committee held on 30^th November 2010 Tabled by the Chair of the Overview and Scrutiny Committee.

Resolved

That the questions and comments of the Overview and Scrutiny Committee be noted, and that these be given consideration during the Cabinet deliberation of the items of business to which the questions/ comments related.

Action by:

ASSISTANT CHIEF EXECUTIVE – LEGAL SERVICES (I. FREEMAN)

Executive Team Leader, Democratic Services, Chief Executive’s (A. Taylor)

The Chair informed members of the Cabinet that Councillor Jackson, Chair of the Overview and Scrutiny Committee, had Tabled a sheet of questions/ comments arising from the deliberations of the Overview and Scrutiny Committee, held on 30^th November 2010, in respect of the unrestricted business contained in the agenda for consideration, a copy of which would be interleaved with the minutes.

Councillor Jackson, Chair of the Overview and Scrutiny Committee, addressed members of the Cabinet:

·                    Local Implementation Plan 2

o                   Highlighting the key elements of the Overview and Scrutiny Committee’s consideration of the report “Local Implementation Plan 2” to inform Cabinet consideration of the same report:

Ø            Concern regarding the upgrade of Whitechapel Station to ensure it is fully accessible and consideration that the Authority, in particular the Mayor and Cabinet, should lobby Transport for London and the Mayor of London to progress this faster than currently planned. This in the context of the Olympic Games 2012, and that It was currently anticipated that the Station would be fully accessible two years after the opening of the new Royal London Hospital which will cater for patients from across the United Kingdom.

Ø            Concern regarding the cut back on operation times of the Thames Clipper planned by Transport for London and the consequent impact on a vital and easy access way for many residents to reach central London; and again consideration that the the Mayor and Cabinet, should raise this with Transport for London.

·                    Performance and Budget Scrutiny

o                   Formally thanking Councillor A. Choudhury, Cabinet Member for Resources, and Mr Naylor, Corporate Director Resources, for attending the Overview and Scrutiny Committee to present this report and answer questions arising.

·                     Highlighting the key elements of the Overview and Scrutiny Committee’s consideration of the report “Performance and Corporate Budget Monitoring Quarter Two” to inform Cabinet consideration of the same report:

Ø                      Overspend in Older People Commissioning.

Ø                      Shortfall of income from estate parking and leaseholder service charges

Ø                      Cost impact arising from the Leaseholder Audit.

o                    Welcoming the commitment, given by the Cabinet Member for Resources, that an Equality Impact Assessment would be undertaken in relation to all savings proposals; and commenting that the inclusion of these in the Authority’s Budget was now expected.

o                    Seeking clarification as soon as possible regarding the services to which the Mayor and Cabinet would be giving highest priority when considering the Authority’s Budget for next year.

·                    Car Free Development Schemes and Parking Permits

o                   Relaying the concern of the Overview and Scrutiny Committee regarding the continued lack of clarity as to the number of properties and residents that were affected by the Authority’s administrative error in issuing on-street car parking permits to residents of car free developments and subsequent attempt to address this by withdrawing them.  Requesting clarity as soon as possible and development of a consistent borough-wide policy. Also, because of the level of associated enquiries to Ward Councillors, requesting an all Member Seminar to clarify the position.

·                    Scrutiny Review  ...  view the full minutes text for item 5.1

(Under provisions of Article 6 Para 6.02 V of the Constitution).

The period for “Call In” of provisional decisions made by the Cabinet on 11^th November 2010, provided for in the Council’s Constitution, expires at 5pm on Tuesday 23^rd November 2010, and therefore falls after the statutory deadline for publication of the agenda for the Cabinet meeting to be held on 1^st December 2010.

Should any provisional decisions of November Cabinet be “Called In” for further consideration by the Overview and Scrutiny Committee at its meeting to be held on 30^th November 2010 the Mayor, Cabinet, appropriate Councillors and Officers will be informed. Should the Overview and Scrutiny Committee, upon consideration, refer the report back to the Cabinet for further consideration Members will receive a copy of each report and the decision/ recommendations of the Overview and Scrutiny Committee at the Cabinet meeting.

Nil items.

The Clerk advised that no requests had been received by the Assistant Chief Executive (Legal Services) to “call in” for further consideration, by the Overview and Scrutiny Committee, any provisional decisions taken by the Cabinet, at its meeting held on 11^th November 2010.

Note: Appendix 1 and 2 to the report have been circulated on a compact disc in conjunction with this agenda to the Mayor and members of the Cabinet and made available in the two Group rooms, Council Website and put on deposit at the Town Hall Mulberry Place. Should members of the Authority or members of the public wish to have a full copy of this appendix they should contact Mr M. Bell Strategic Planning Manager, Strategic Planning, Development and Renewal on the following number 0207 364 5375 or by email michael.bell@towerhamlets.gov.uk.

Resolved:

In respect of the Local Development Framework: Annual Monitoring Report (AMR) 2009/10: -

1.         That the contents of this report and the Draft AMR for the period April 2009-March 2010, attached as Appendix 1 to the report (CAB 055/101), be noted;

2.         That it be noted that the Draft AMR for the period April 2009-March 2010 will be submitted to the Secretary of State and Mayor of London before 31 December 2010;

3.         That the Corporate Director Development and Renewal be authorised to make minor amendments [to the AMR] prior to submission to the Secretary of State and Mayor of London relating to factual matters.

In respect of the Local Development Scheme (LDS) 2010: -

4.         That the updated LDS set out in Appendix 2 to the report (CAB 055/101) be approved for submission to the Secretary of State and Mayor of London;

5.         That it be agreed that the updated LDS shall have formal effect four weeks after submission to the Secretary of State, provided that the Secretary of State does not propose to issue a call-in direction; and

6.         That the Corporate Director Development and Renewal be authorised to make factual changes or minor changes to the approved scheme [LDS] if so directed by the Secretary of State.

Action by:

CORPORATE DIRECTOR DEVELOPMENT AND RENEWAL (A. DALVI)

Service Head Planning and Building Control, Development and Renewal (O. Whalley)

Deputy Service Head Planning and Building Control, Development and Renewal (D. Williams)

Strategic Planning Manager, Strategic Planning, Development and Renewal (M. Bell)

Mr Bell, Strategic Planning Manager, Strategic Planning, Development and Renewal, at the request of the Mayor, in introducing the report:

·                    Summarised the key points contained therein, highlighting in particular:-

o                   That the Annual Monitoring Report measured the Authority’s performance against its planning policies in the year to end of March 2010. There had been a good overall improvement and direction of travel was good. In particular approximately 1700 affordable homes had been completed and work had been undertaken to strengthen town centres and quality of place.

o                   The Local Development Scheme dealt with a programme to develop other development plan documents within the Local Development Framework. Two amendments were proposed:-

Ø                 To extend the timetable for production of these documents to allow for comprehensive consultation.

Ø                 Officers, having reviewed the main areas of development pressure in the Poplar areas and existing mechanisms to manage this development no longer considered it necessary to progress a planning guidance document for the area, the Poplar Area Action Plan, although this would be kept under review.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

The Mayor Moved the recommendations as set out in the report; and it was:-

Resolved:

In respect of the Local Development Framework: Annual Monitoring Report (AMR) 2009/10: -

1.         That the contents of this report and the Draft AMR for the period April 2009-March 2010, attached as Appendix 1 to the report (CAB 055/101), be noted;

2.         That it be noted that the Draft AMR for the period April 2009-March 2010 will be submitted to the Secretary of State and Mayor of London before 31 December 2010;

3.         That the Corporate Director Development and Renewal be authorised to make minor amendments [to the AMR] prior to submission to the Secretary of State and Mayor of London relating to factual matters.

In respect of the Local Development Scheme (LDS) 2010: -

4.         That the updated LDS set out in Appendix 2 to the report (CAB 055/101) be approved for submission to the Secretary of State and Mayor of London;

5.         That it be agreed that the updated LDS shall have formal effect four weeks after submission to the Secretary of State, provided that the Secretary of State does not propose to issue a call-in direction; and

6.         That the Corporate Director Development and Renewal be authorised to make factual changes or minor changes to the approved scheme [LDS] if so directed by the Secretary of State.

Reasons for Decisions

These are detailed in paragraphs 3.1 to 3.2 of the report (CAB 055/101)

Alternative Options Considered

These are detailed in paragraphs 4.1 to 4.2 of the report (CAB 055/101)

Report withdrawn.

Action by:

CORPORATE DIRECTOR DEVELOPMENT AND RENEWAL (A. DALVI)

Service Head Regeneration, Development and Renewal (C. Worby)

Housing Regeneration Manager, Major Project Development, Development and Renewal (N. McGowan)

The Clerk informed members of the Cabinet that the report had been withdrawn by the Corporate Director Development and Renewal, as outlined in his announcement at the start of the proceedings.

Councillor Rania Khan declared a personal interest in Agenda item 6.3 “Options for the disposal of two long-term void properties and Council properties previously in shortlife use” (CAB 057/101). The declaration of interest was made on the basis that the report contained recommendations relating to properties located in Bromley-by-Bow Ward, and Councillor Rania Khan was one of the Ward Councillors for Bromley-by-Bow Ward.

Resolved:

1.         That the five properties in Swaton Road E3 (numbers 148, 156, 162, 170 and 195) be disposed of on the open market; and also that the Corporate Director Development and Renewal, after consultation with the Mayor, be authorised to make decisions on the details of the disposal;

2.         That it be noted that a further report will be brought to Cabinet on the disposal options for the properties in Bruce Road, as outlined in section 6 of the report (CAB 057/101);

3.         Tha the properties at 19 Parfett Street and 102 Tredegar Road be declared surplus to the Council’s operational requirements;

4.         That 19 Parfett Street and 102 Tredegar Road be disposed of on the open market; and also that the Corporate Director Development and Renewal, after consultation with the Mayor, be authorised to make decisions on the details of the disposal;

5.         That the resources generated from the open market sales, referred to in resolutions 1 and 4. above, be used for further affordable housing or regeneration schemes within the borough; and that it also be noted that the details [of the usage of such funding for such schemes] will be considered as part of the Authority’s budget process; and

6.         That the execution of the necessary documents to implement resolutions 1 to 5. above be authorised.

Action by:

CORPORATE DIRECTOR DEVELOPMENT AND RENEWAL (A. DALVI)

Service Head - Strategy, Innovation and Sustainability, Development and Renewal (J. Odunoye)

Housing Partnerships Manager, Strategy, Innovation and Sustainability, Development and Renewal (J. Kiwanuka)

Development Officer, Housing Strategy and Development, Development and Renewal (J. Dowle)

Councillor Rania Khan declared a personal interest in Agenda item 6.3 “Options for the disposal of two long-term void properties and Council properties previously in shortlife use” (CAB 057/101). The declaration of interest was made on the basis that the report contained recommendations relating to properties located in Bromley-by-Bow Ward, and Councillor Rania Khan was one of the Ward Councillors for Bromley-by-Bow Ward.

Ms Odunoye, Service Head Strategy, Innovation and Sustainability Development and Renewal, at the request of the Mayor, in introducing the report:

·                    Summarised the key points contained therein, highlighting in particular:-

o                    That there was currently Cabinet authority to dispose of 5 shortlife properties in Swaton Road E3 to Registered Social Landlords in exchange for nomination rights, however this was not possible at the current time due in part to the high cost of refurbishment but more particularly to the current lack of available grant funding from the Homes and Communities Agency to support the works. The Corporate Director Development and Renewal was therefore requesting authority to dispose of the properties on the open market after consultation with the Mayor.

o                    A similar authority was being sought in relation to two properties in Tredegar Road and Parfett Road E3, that had been empty for a long period, given the cost to the Council of refurbishment together with loss of rental income and potential costs arising to ensure their security.

o                    It was currently estimated that sale of the 7 properties could generate £1.9 million in capital receipts which was wholly recyclable for the purposes of re-investment in affordable social housing.

o                    There was a risk that sale of the properties would not be possible in the current economic climate.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

A discussion followed, during which the proposals in the report were broadly welcomed, and which focused on the following points:-

·                    Clarification/ assurance was sought and given regarding the future of a property and its tenants in Bruce Road, which had recently had a fire. A report regarding the future of 10 shortlife properties in Bruce Road E3 would be submitted for Cabinet consideration at a future meeting. Ms Odunoye, Service Head Strategy Innovation and Sustainability, undertook to provide clarification in writing regarding the burned property.

·                    Clarification/ assurance was sought and given regarding the inclusion of the Arrow Road E3 scheme amongst the smaller schemes within the Local Investment Plan, which set out priorities for investment in social housing, given that the RSL was Poplar HARCA. Also whether the capital receipts, anticipated in respect of the open market disposals proposed in the report, could be used in other ways. The Arrow Road scheme was just 1 example of how the capital receipts could be used.

·                    Clarification/ assurance was sought  ...  view the full minutes text for item 6.3

Resolved:

1.           That the draft LIP 2 document, attached at Appendix 1 to the report (CAB 058/101), be agreed for submission to Transport for London; and

2.           That there may be a three month public consultation exercise in respect of the draft LIP 2 document.

Action by:

CORPORATE DIRECTOR COMMUNITIES, LOCALITIES AND CULTURE

(S. HALSEY)

Service Head Public Realm, Communities Localities and Culture (J. Blake)

Section Head Transportation and Highways, Communities Localities and Culture (M. Cooper)

Project Manager Public Transport, Transportation and Highways, Communities Localities and Culture (T. Davis)

Mr Halsey, Corporate Director Communities Localities and Culture, at the request of the Mayor in introducing the report:

·                    Briefly summarised the key points contained therein.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

The Mayor Moved the recommendations as set out in the report; and it was:-

Resolved:

1.           That the draft LIP 2 document, attached at Appendix 1 to the report (CAB 058/101), be agreed for submission to Transport for London; and

2.           That there may be a three month public consultation exercise in respect of the draft LIP 2 document.

Reasons for Decisions

These are detailed in paragraph 3.1 of the report (CAB 058/101)

Alternative Options Considered

These are detailed in paragraph 4.1 of the report (CAB 058/101)

Resolved:

That the draft response to the Thames Tideway Tunnel consultation, attached at Appendix 1 to the report (CAB 059/101), be approved; and also that officers [Corporate Director Communities, Localities and Culture] be instructed to submit the response [to Thames Water].

Action by:

CORPORATE DIRECTOR COMMUNITIES, LOCALITIES AND CULTURE

(S. HALSEY)

Service Head Environmental Control, Environmental Protection, Communities Localities and Culture (B. Jones)

Head of Environmental Health, Environmental Protection,Communities Localities and Culture (D. Farrell)

Mr Farrell, Head of Environmental Health, Environmental Protection,Communities Localities and Culture, at the request of the Chair in introducing the report:

·                    Briefly summarised the key points contained therein highlighting in particular that:

o                    The Thames Tideway Tunnel was a strategic London-wide project to deal with the overflow of sewage into the Thames from Hammersmith downriver and directly affected a number of boroughs.

o                    The report set out the Authority’s recommended response to the current round of public consultation on the project:

o                    Supporting the project in principle, as the solution to the problem.

o                    Endeavouring to influence the detail of the project to ensure it was effective, had no unnecessary impact on Tower Hamlets and best practice was employed in the construction and use of the tunnel.

o                    It was important to note that Thames Water had indicated that the project might be revised, to address concerns expressed by other boroughs and such a revised scheme would be the subject of further public consultation at which point Tower Hamlets would need to make its position clear.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

The Mayor Moved the recommendations as set out in the report; and it was:-

Resolved:

That the draft response to the Thames Tideway Tunnel consultation, attached at Appendix 1 to the report (CAB 059/101), be approved; and also that officers [Corporate Director Communities, Localities and Culture] be instructed to submit the response [to Thames Water].

Reasons for Decisions

These are detailed in paragraph 3.1 of the report (CAB 059/101)

Alternative Options Considered

These are detailed in paragraph 4.1 of the report (CAB 059/101)

Mayor L. Rahman declared a personal interest in Agenda item 7.1 “Proposed Mulberry & Bigland Green Centre” (CAB 060/101). The declaration of interest was made on the basis that the report contained recommendations relating to Mulberry Secondary Girls School, and Mayor Rahman’s daughter attended Mulberry Secondary Girls School.

Resolved:

1.                  That the proposed collaboration agreement to be entered into by the governing bodies of Mulberry School for Girls, Bigland Green Primary School and the Authority, as set out in paragraph 6.4 of the report (CAB 060/101), be approved;

2.                  That the proposed terms of the lease, outlined in paragraphs 6.9 – 6.12 of the report (CAB 060/101), including a service level agreement detailing the services to be provided in lieu of rent, be approved;

3.                  That the arrangements for the leaseback of part of the Mulberry and Bigland Green Centre for use as children’s centre provision be approved;

4.                  That the Acting Corporate Director, Children, Schools and Families, the Corporate Director Development and Renewal and the Assistant Chief Executive (Legal Services) be authorised to execute all necessary documents including the collaboration agreement, the lease, service level agreement and, when the centre is completed, the leaseback of part of the Mulberry and Bigland Green Centre for the children’s centre provision on the terms proposed.

Action by:

ACTING CORPORATE DIRECTOR, CHILDREN SCHOOLS AND FAMILIES (I. CATTERMOLE)

Interim Service Head Resources, Children Schools and Families (K. Bingham)

Head of Building Development, Children Schools and Families, (P. Watson)

Mayor L. Rahman declared a personal interest in Agenda item 7.1 “Proposed Mulberry & Bigland Green Centre” (CAB 060/101). The declaration of interest was made on the basis that the report contained recommendations relating to Mulberry Secondary Girls School, and Mayor Rahman’s daughter attended Mulberry Secondary Girls School.

Ms Cattermole, Acting Corporate Director Children, Schools and Families, at the request of the Mayor, in introducing the report:

·                    Summarised the key points contained therein, highlighting in particular that:

o                   This was an innovative scheme based on close partnership working between Mulberry School for Girls and Bigland Green Primary School, which occupied adjoining sites in Shadwell, which was very good news for the local Community.

o                   The proposal comprised provision of a new building, the Mulberry and Bigland Green Centre, which would encompass new facilities for a Children’s Centre, family learning activities and specialist curriculum space in the form of a theatre, principally for Mulberry School which was a specialist arts school.

o                   The land for the building fell almost entirely within the site of Bigland Green Primary School. However the principal source of the capital costs would be provided by the accumulated surplus balance of Mulberry School for Girls, although there would also be a contribution to the capital funding from the Authority’s Sure Start Programme.

o                   Both schools were completely over-subscribed and there was considerable demand for education and training which could not be provided within the schools. Both schools had developed a close working relationship over time to deliver wider services to the local community, the extension of which would be facilitated by the new Centre.

o                   For development of the Centre to proceed on a secure basis, it was proposed that the land for the building should be leased to the Richard Street Education Trust, with the annual rental value for the lease to be satisfied through the delivery of services set out in a service level agreement, initially between the school governing bodies and the Authority but later with the Trust. The SLA would be closely monitored by the Authority to ensure delivery of this value.

o                   Both schools had an equal interest in the Trust, with 3 governors from each school comprising the trustees. They also had an equal interest in the outcomes of the business plan.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

Councillor Oliur Rahman, Cabinet Member for Children’s Services:

·                    Welcomed the proposals, which he considered to be fantastic news and a reflection of the commitment of the Mayor and his Administration to improve the Council’s offer to young people in the borough. He also expressed the hope that further schemes improving facilities for young people would be seen under the leadership of Mayor Rahman.

·                    Formally thanked Ms Cattermole,  ...  view the full minutes text for item 7.1

Nil items.

Nil items.

The Clerk advised that there were no business to be considered under this section of the agenda.

Resolved:

That the Acting Corporate Director Children, Schools and Families be authorised to award the contracts for services to BUPA Healthcare and Allied Healthcare on behalf of the Authority as below:

Action by:

ACTING CORPORATE DIRECTOR, CHILDREN SCHOOLS AND FAMILIES (I. CATTERMOLE)

Interim Service Head Resources, Children Schools and Families (K. Bingham)

External Funding and Commissioning Manager, Strategy Partnerships and Performance, Children Schools and Families (K. Badgery)

Commissioning and Contracts Manager, Strategy Partnerships and Performance, Children Schools and Families (A. Smith)

Ms Cattermole, Acting Corporate Director Children, Schools and Families, at the request of the Mayor, in introducing the report:

·                    Summarised the key points contained therein, highlighting in particular:

o                   The proposals, regarding the award of contracts by the Authority for the delivery of healthcare and personal care for disabled children, were good news for this particularly vulnerable element of the Community and their families:

Ø                  It would be possible to tailor service provision to individual need, and enable more reliable and consistent delivery by a small team of workers familiar to and with those receiving care.

Ø                  Wider opportunities would be available to the children, promoting independence and participation in a full range of activities.

Ø                  Parents and families, acknowledged to suffer high levels of stress in relation to the provision of care packages, would be supported and empowered to identify solutions and secure interventions, with improved outcomes for the children.

o                   Extensive consultation had been undertaken with children, young people, and their families, who were receiving personal care. The primary concern must be for the needs of these young people to be met and therefore to listen to them regarding what service provision they considered that they needed. The comments of existing users had been reflected in the proposals. The tender evaluation panel had the added advantage of including the parent of a disabled child.

o                   There was a statutory duty placed on the Authority to provide personal care services to disabled children.

o                   Families wishing to continue to receive care from existing providers would be given the opportunity to do so.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

A discussion followed, during which the proposals in the report were broadly welcomed, and which focused on the following points:-

·                    Clarification/ assurance was sought and given in relation to the use of Third Sector service providers for the provision of care to disabled children.

·                    Clarification/ assurance was sought and given that the company recommended for award of contract in relation to delivery of healthcare and personal care for disabled children would provide the best service for those children. Clarification/ assurance sought and given regarding the mechanisms for monitoring standards of service provision.

·                    Clarification/ assurance was sought and given that local people would be employed by service providers for the provision of care to disabled children.

·                    Councillor Oliur Rahman, Cabinet Member for Children’s Services, commented that he had discussed the proposed award of contract in detail with the Acting Corporate Director Children Schools and Families, and gave an assurance that he would be monitoring provision closely to ensure this group of children received the service they were entitled to. He also highlighted that the introduction of this contract would yield savings of approximately £700,000 over 3 years.

The Mayor in Moving  ...  view the full minutes text for item 9.1

Resolved:

1.         That the report of the Scrutiny Working Group on Reducing Childhood Obesity, as set out in Appendix 1 of the report (CAB 062/101), be noted; and

2.         That the response to the recommendations from the Scrutiny Working Group, as set out in Appendix 2 to the report (CAB 062/101), be agreed; also noting that continuing consideration is to be given to the emerging policy changes and public sector funding decisions of the new Coalition Government that have been made since the agreement of these recommendations by the Overview and Scrutiny Committee in July 2010.

Action by:

CHIEF EXECUTIVE (K. COLLINS)

Acting Joint Service Head Scrutiny & Equalities, Chief Executive's (H. Ali)

Scrutiny Policy Manager, Scrutiny & Equalities, Chief Executive's (A. Hoque)

Scrutiny Policy Officer, Scrutiny & Equalities, Chief Executive's (K. McDonald)

Please note that the order of business was varied by resolution of the Mayor and Cabinet earlier in the proceedings in order to allow this item to be considered following Agenda item 5.1 “Chair’s advice of Key Issues or Questions in relation to Unrestricted Business to be considered”, however for ease of reference the deliberations of the Mayor and Cabinet, and subsequent decisions taken, are set out below in the order detailed in the agenda.

Ms Cattermole, Acting Corporate Director Children, Schools and Families, at the request of the Mayor, in introducing the report and in particular the Action Plan in response to the recommendations of the Scrutiny Working Group on Reducing Childhood Obesity, attached at Appendix B to the report, summarised the key points contained therein, highlighting in particular:

·                    Childhood Obesity was a matter of great concern to the Authority and its health partners, with all wanting to take action to tackle it quickly and effectively, particularly with reference to shifting young people and their families to healthier eating patterns. Children, Schools and Families Directorate had therefore been working closely with the Scrutiny Review Group.

·                    The recommended extension of existing free school meal provision to a universal provision for all pupils in Tower Hamlets would require a specific decision by the Mayor and Cabinet. However, given the extremely challenging financial situation currently facing the Council such a step would need very serious consideration.

·                    The recommended closed gate policy at lunchtime would be a matter for the governing body of each school to consider and determine. Post 16 schools would find it particularly difficult to encourage their young people to remain in school for the lunch period. However the Authority was working with schools to encourage young people to make more healthy choices.

·                    The Building Schools for the Future Programme, comprising approximately £300 million capital investment in the Authority’s School Estate, included an element to enhance social space for students which encompassed kitchen and dining areas.

·                    Although delighted with the commendation of the quality of school meals provided in Tower Hamlets schools, by the Scrutiny Review Group, she gave an assurance that the quality of free school meals was exactly the same.

·                    Children, Schools and Families Directorate would be happy to take forward the recommendations of the Scrutiny Review Group across the Council and with its health partners, if it was able to do so.

Mr Collins, Chief Executive, commented that the Secretary of State for Health had the previous day indicated that local authorities were seen by the Coalition Government to be central in delivering on health, as he felt they should be. Officers would be discussing with the Mayor and his Cabinet how this responsibility could be taken forward once there was more clarity as to the resources that needed to come with it.

Councillor Oliur Rahman, Cabinet Member for Children’s Services:

·                    Commented that the report of the Scrutiny Review Group contained some important recommendations, however Scrutiny Lead Members and their Scrutiny Review Groups in making recommendations  ...  view the full minutes text for item 9.2

Resolved:

1.         That the Quarter 2 2010/11 performance be noted, including areas where further work is needed to ensure the Authority delivers improved outcomes;

2.         That the Council’s financial position as outlined in paragraphs 5 and 6 and appendices 5, 6 and 8 of the report (CAB 063/101) be noted; and

3.         That the actions being taken to address the reported overspends be noted.

Action by:

CORPORATE DIRECTOR RESOURCES (C. NAYLOR)

Service Head Corporate Finance, Resources (A. Finch)

Service Head, Strategy and Performance, Chief Executive’s (L. Russell)

Mr Naylor, Corporate Director Resources, at the request of the Mayor, in introducing the report:

·                    Summarised the key points contained therein, informing Cabinet that the report detailed service and financial performance for the second quarter of 2010/11, the period ending 30 September 2010, and highlighting in particular:

o                   Financial Performance:

Ø                  At the end of September 2010 a projected overspend of just over £1 million was reported. Although large amounts in absolute terms this was within financial tolerance approximating to 0.3% of the Authority’s Gross Revenue Budget.

Ø                 Budget monitoring at the end of October 2010 had now been undertaken and the projected overspend was under £1 million and continuing to fall, indicating that the active management within the Authority’s Budget process was achieving the desired outcome.

Ø                 It was important to consider that, following the announcement of the Chancellor of the Exchequer in June 2010 approximately £7 million had been removed from the Authority’s “in year” Revenue Budget, but despite this its finances were being managed to deliver an outturn within the new Budget envelope.

Ø                 The report had received robust scrutiny from the Overview and Scrutiny Committee the previous evening.

o                   Service Performance:

Ø                 Performance monitoring in relation to Strategic Plan activities, Strategic Performance indicators and milestones for the ‘You Decide!’ participatory budgets introduced for Local Area Partnerships (LAP’s) had been undertaken and it was pleasing to report that the Authority was on track to achieve or exceed 69% of strategic measures by financial year end. This was the best performance since monitoring started in 2008/09 and very significant in the context of the resources removed from the “in year” Budget.

·                    Addressed the matters raised by the Overview and Scrutiny Committee, held on 30^th November 2010, in relation to the report; as set out in the tabled sheet of questions and comments presented by the Chair of the Overview and Scrutiny Committee earlier in the proceedings:

A brief discussion followed which focused on the following point:-

·                    A Labour Group Member, speaking with the consent of the Mayor and Cabinet, sought and was given assurance in relation to progress made to date in implementing decisions made by the pre-Mayoral Cabinet in July 2010 to achieve substantial savings, required as a consequence of the Conservative-Liberal Democrat Government’s cuts in resources for public services. Mr Naylor, Corporate Director Resources, concurred that a breakdown of achievement of savings agreed in July had not been reported here, and would be included in the next quarterly report. However he gave an assurance that the projections to financial year end were for a Budget reflective of the savings agreed in July 2010; he also gave an assurance that actions required to achieve the savings had been undertaken by Officers, and were having the desired outcome.

The Mayor Moved the following motionfor the consideration of members of the Cabinet that:

·                    In relation to recommendation 2.1 contained in the report, that Quarter 2 performance in 2010/11 be noted including areas where further work  ...  view the full minutes text for item 10.1

Reasons for Special Circumstances and Urgency Agreed.

Resolved

1.         That the outcome of the Spending Review for local government and the expected impact on the London Borough of Tower Hamlets be noted; and that it also be noted that the detailed allocation of grants to the Authority will be announced by the Government shortly;

2.         That £8m be set aside from contingencies and reserves, as set out at paragraph 6.15 of the report (CAB 064/101), in order to progress measures to implement savings for 2011/12; and

3.         That it be noted that a report will be submitted for Cabinet consideration, at its meeting to be held on 12 January 2011, recommending Cabinet to set a draft budget for 2011/12- 2013/14.

Action by:

CORPORATE DIRECTOR RESOURCES (C. NAYLOR)

Service Head, Corporate Finance, Resources (A. Finch)

Reasons for Special Circumstances and Urgency

The Mayor informed members of the Cabinet that the special circumstances and reasons for urgency associated with the proposals were detailed on the front page of the report. He subsequently Moved and it was Resolved that the special circumstances and reasons for urgency as set out on the front page of the report, and also set out below for ease of reference, be agreed:

“This report provides information to the Cabinet on the outcome of the Government’s Comprehensive Spending Review (“CSR”) and sets out proposals to facilitate delivery of the resulting savings targets in 2011/12, having regard also to medium term financial planning.  The report makes clear that, as expected, local government was particularly affected by the CSR, with significant cuts over the three years 2011/12 to 2013/14.  The cuts proposed for local government are more heavily weighted to 2011/2012, the first year of the cycle, than was expected.  The Government also appears to have abolished or redirected a number of specific grants, in relation to which the position is not yet clear.  In order to make the necessary savings the Council will be required to dismiss staff by reason of redundancy.  The numbers will be such as to necessitate consultation with unions and a notice has been given to this effect pursuant to section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.  This report was held for as long as possible before being finalised and released in case of a clarifying announcement by the Government on the distribution of Council funding for 2011/12.  No such announcement has yet been made.  As a consequence of prudent delay in bringing forward the report, it was not possible for the report to be published with the agenda.  It is, however, essential that Cabinet consider this report on 1 December 2010, to enable work to progress to deliver savings for the 2011/2012 budget.  This work will in turn be required to enable the statutory consultation with unions to proceed.”

Councillor Choudhury, Cabinet Member for Resources, at the request of the Mayor, in introducing the report:

·                    Commented that:

o                   There had been a collective expression of disgust and anger regarding the “Con-Dem” cuts, which took a sledge hammer to Local Government and targeted the most impoverished parts of the country, such as the east end of London, Birmingham, Liverpool and Manchester all with large populations of poor and vulnerable people, without any regard for the consequences. Tower Hamlets was acknowledged to have high levels of poverty, and the cuts would cause chaos in the Community.

o                   The Mayor and Cabinet must however address the situation faced by the Council and work through the problems presented by the Government cuts. The scale of the problem was great, with a 25% reduction in Government funding having been planned for, but the now apparent reality was a 28% reduction, amounting to approximately £78 million. Additionally the front loading of this saving requirement, with approximately £40  ...  view the full minutes text for item 10.2

To consider any other unrestricted business that the Chair considers to be urgent.

Nil items.

The Clerk advised that there were no business to be considered under this section of the agenda.

Nil items.

Nil items.

The Clerk advised that there were no business to be considered under this section of the agenda.

In view of the contents of the remaining items on the agenda, the Committee is recommended to adopt the following motion:

“That, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the Press and Public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government, Act 1972”.

EXEMPT/CONFIDENTIAL SECTION (PINK)

Resolved:

That pursuant to regulation 21(1)(b) of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, the press and public be excluded from the remainder of the meeting:

(a)       As it was likely, in view of the nature of the business to be transacted in Section Two of the agenda, that if members of the public were present during consideration of this business there would be disclosure of exempt information.

·                    Exempt information is defined in section 100I and, by reference, Schedule 12A of the Local Government Act 1972 (“the 1972 Act”).  To be exempt, information must fall within one of the categories listed in paragraphs 1 to 7 of Schedule 12A, must not fall within one of the excluded categories in paragraphs 8 and 9 and the public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

o                   Agenda item 17.1. “Proposed Mulberry & Bigland Green Centre - Exempt Confidential Appendix to Unrestricted Report” contained information relating to the financial or business affairs of any particular person (including the authority holding that information). In particular information relating to the financial affairs of the Council.

(b)               As although there is a public interest favouring public access to local authority meetings, in this case the Cabinet concluded that given the information contained in:

o                   Agenda item 17.1. “Proposed Mulberry & Bigland Green Centre - Exempt Confidential Appendix to Unrestricted Report” relating to the financial or business affairs of any particular person (including the authority holding that information). In particular information relating to the financial affairs of the Council.

that the public interest in maintaining the exemption on the information outweighed the public interest in disclosing it.

SUMMARY OF EXEMPT PROCEEDINGS

The Mayor Moved and it was: -

Resolved:

That pursuant to regulation 21(1)(b) of the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000, the press and public be excluded from the remainder of the meeting:

(a)       As it was likely, in view of the nature of the business to be transacted in Section Two of the agenda, that if members of the public were present during consideration of this business there would be disclosure of exempt information.

·                    Exempt information is defined in section 100I and, by reference, Schedule 12A of the Local Government Act 1972 (“the 1972 Act”).  To be exempt, information must fall within one of the categories listed in paragraphs 1 to 7 of Schedule 12A, must not fall within one of the excluded categories in paragraphs 8 and 9 and the public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

o                   Agenda item 17.1. “Proposed Mulberry & Bigland Green Centre - Exempt Confidential Appendix to Unrestricted Report” contained information relating to the financial or business affairs of any particular person (including the authority holding that information). In particular information relating to the financial affairs of the Council.

(b)               As although there is a public interest favouring public access to local authority meetings, in this case the Cabinet concluded that given the information contained in:

o                   Agenda item 17.1. “Proposed Mulberry & Bigland Green Centre - Exempt Confidential Appendix to Unrestricted Report” relating to the financial or business affairs of any particular person (including the authority holding that information). In particular information relating to the financial affairs of the Council.

that the public interest in maintaining the exemption on the information outweighed the public interest in disclosing it.

SUMMARY OF EXEMPT PROCEEDINGS

Nil items.

Nil items.

Nil items.

To receive any advice of key issues or questions in relation to the exempt/ confidential business of the Cabinet, arising from the meeting of the Overview and Scrutiny Committee held on 30^th November 2010.

Nil items.

Nil items.

(Under provisions of Article 6 Para 6.02 V of the Constitution).

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Contents of the appendix noted.

Contents of the appendix noted.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.

To consider any other exempt/ confidential business that the Chair considers to be urgent.

Nil items.

Nil items.

Nil items.

Nil items.

Nil items.