Apologies for absence were received on behalf of James Thomas (Corporate Director Children and Culture) for whom Judith St. John (Director of Commissioning and Culture) deputised, and from Andreas Christophorou

(Director of Communications and Marketing).

Members are reminded to consider the categories of interest, identified in the Code of Conduct for Members to determine; whether they have an interest in any agenda item and any action they should take. For further details, see the attached note from the Monitoring Officer.

Members are also reminded to declare the nature of the interest at the earliest opportunity and the agenda item it relates to. Please note that ultimately it is the Members’ responsibility to identify any interests and also update their register of interests form as required by the Code.

If in doubt as to the nature of an interest, you are advised to seek advice prior to the meeting by contacting the Monitoring Officer or Democratic Services.

There were no Declarations of Disclosable Pecuniary Interests.

Following the meeting, Councillor Peter Golds informed the Monitoring Officer that, further to Item 6.8 - George Green School: Procurement of works and services, he wished it to be recorded that he was a Trustee of the Island Sports Trust which has a connection with George Green’s School.

The unrestricted minutes of the Cabinet meeting held on 22 September 2021 are presented for approval.

RESOLVED:

1.    To approve the unrestricted minutes of the Cabinet meeting held on Wednesday 22 September 2021 and that they be signed by the Chair as a correct record of proceedings.

The Mayor announced:

·         The Council had started to consider the implications of the recently announced national budget

·         He would be making announcements in the next few days regarding the next steps of the Liveable Streets Programme.

·         A number of events were planned over the coming weeks to mark the impact of the Covid 19 pandemic.

·         That Tahmid Hussen was elected as the new Young Mayor of the Borough and his five deputies will be Hafizur Rahman, Mohsen Ali, Ablah Chazhiyattiri Peedikayil, Intisar Al-Alam, and Rhianna Fowell.

Chair of Overview and Scrutiny Committee (OSC) to report on any issues  raised by the OSC in relation to unrestricted business to be considered.

Pre-Decision Scrutiny Questions and officer responses were tabled on the following Agenda Items:

• 6.2 Tower Hamlets Black, Asian and Minority Ethnic Inequalities Commission Action Plan
• 6.3 Local Infrastructure Fund (LIF) Virements to the Approved Capital Programme 2021-22 to 2023-24
• 6.6 Development of William Brinson Centre– Appropriation and use of Section 203 Powers (Rights of Light)
• 6.8 George Green School: Procurement of works and services
• 6.9 Vacant School Sites proposals
• 6.11 Canon Barnett Playground.

These were considered during discussion of the relevant Agenda Items.

In addition, Councillor Mohammed Pappu, Chair of the Overview and Scrutiny Committee, provided an update on the work of the Committee. In particular he reported that at their meeting the previous Monday, they looked at the Liveable Streets programme and the Licensing Act Cumulative Impact Assessment. The Children's Scrutiny Sub Committee would be monitoring the Council's response to the recent SEND inspection findings. He also mentioned how the Committee had concerns with a lack of scrutiny support from some council services and that he would be formally raising those concerns with the statutory scrutiny officer and the Chief Executive.

The Mayor thanked Councillor Pappu for his presentation.

(Under provisions of Section 30, Rule 59 of the Constitution).

Nil items.

DECISION

To note the actions taken by officers over the course of the last 18 months in the provision of economic support.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

Reasons for Decision

To provide a detailed overview of our key activities in the local economy over the past year and a half.

Alternative Options

None.

Councillor Motin Uz-Zaman, Deputy Mayor and Cabinet Member for Work, Economic Growth and Faith introduced the report that set out what the Council had delivered to support the local economy over the course of the past 18 months since the onset of the Coronavirus pandemic. He highlighted some of the key achievements included in the report, including:

·         Over 900 local people had been supported into work or better employment.

·         Over £200m distributed in grants and rate relief to more than 5,000 local businesses.

·         A 3-month rent relief programme, worth £98,210.

·         598 businesses benefitted from free, online, expert-led seminars.

·         200 small and micro businesses supported through Pivot Programmes.

·         The Council’s creative freelancer project supported 60 small businesses.

The Mayor noted that the Council’s Covid Recovery fund would provide additional benefits to the local economy beyond those captured in the report.

Officers announced that additional funding had been received from the Central London Forward partnership of around £700,000 and plans were being drawn up for how this could be used to help get more residents into work. 

The Mayor welcomed the report and emphasised the dramatic impact the Covid pandemic had had on the local economy. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED

1.    To note the actions taken by officers over the course of the last 18 months in the provision of economic support.

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To agree the council’s commitments to the anti-racist pledge and note that the actions will be reviewed and updated through on-going appraisal of progress (Appendix 2 to the report).

2.    To agree the actions set out in the Black, Asian and Minority Ethnic Inequalities Commission Action Plan and note that the actions will be reviewed and updated through on-going appraisal of progress (Appendix 2 to the report).

3.    To agree to create a £1m reserve to provide the funding needed to deliver the programme set out in the action plan. This will be in addition to the use of £595,000 from existing budgets, bringing the total for delivering the attached action plan to £1,582,691.

4.    To agree to delegate authority to the Corporate Director – Resources to approve funding requests for individual projects from the newly created reserve, following consultation with the Director Strategy, Improvement and Transformation.

Action by:

CHIEF EXECUTIVE (W. TUCKLEY)

(Director strategy, improvement and transformation (S. Godman)

(Head of Corporate Strategy and Policy (A. Hoque)

Reasons for Decision

This report sets out an ambitious action plan to address the findings and

recommendations of the Black, Asian and Minority Ethnic Inequalities

Commission. It follows conversations with our partners and builds on our

commitment to tackle inequalities faced by our Black, Asian and Minority

Ethnic residents. It includes investment of £1,582,691 to deliver the action

plan.

Alternative Options

Cabinet could choose not to agree the action plan, but this is not

recommended. The actions address specific areas of need and inequalities

faced by our Black, Asian and Minority Ethnic residents, and are supported

by a robust evidence base.

Councillor Asma Begum, Deputy Mayor and Cabinet Member for Children, Youth Services, Education and Equalities introduced the report that presented the cabinet’s initial action plan in response to the 23 recommendations made in the Tower Hamlets Black, Asian and Minority Ethnic Inequalities Commission.

Councillor Begum noted that the report presented a marker for future transformative work and for relentlessly challenging race inequality. Accordingly, the ambitious action plan would be supported by funding of £1.5million.

Councillor Candida Ronald, Cabinet Member for Resources and the Voluntary Sector explained how the Council would be transforming its organisational culture in response to the Commission’s recommendations. The council will invest funding to ensure race inequality is discussed and addressed at all levels of the organisation and with partners

Councillor Rachel Blake, Deputy Mayor and Cabinet Member for Adults, Health and Wellbeing explained how the Council would be addressing some of the 9 health-related recommendations from the Commission’s report including the role of the Council’s partners and the Health and Wellbeing Board

Councillor Motin Uz-Zaman, Deputy Mayor and Cabinet Member for Work, Economic Growth and Faith highlighted work planned and already underway to deliver the employment recommendations. The Council will invest funding to increase employment rates amongst Black, Asian and Minority Ethnic residents and to increase in number of Black, Asian and Minority Ethnic staff in senior roles in organisations in Tower Hamlets.

Pam Bhamra, one of the Commissioners, provided her initial thoughts on the proposed action plan. She felt the proposals reflected that the council and its partners would be leading the way on race equality and felt the commitment of funding demonstrated that voices of the Commission and contributors had been heard.

Kevin Bartle, Corporate Director of Resources, highlighted paragraph 6.1 of the covering report which clarified that spending: “will be authorised by the S151 Officer following value for money assessments of the individual non-recurrent project funding requests, which will include consideration of the use of existing resources (including internal staffing resource) within the partnership and the availability of alternative funding sources”. Accordingly, Mr Bartle recommended that the Cabinet agree an additional resolution to delegate authority to allocate funding from the reserve to the Corporate Director Resources, following consultation with the Director Strategy, Improvement and Transformation. The Mayor welcomed this additional recommendation.

The Mayor welcomed the report and noted the pre-decision scrutiny questions and officer responses.  The Mayor then proposed the amended recommendations to Cabinet and they were agreed without dissent. It was:

RESOLVED

1.    To agree the council’s commitments to the anti-racist pledge and note that the actions will be reviewed and updated through on-going appraisal of progress (Appendix 2 to the report).

2.    To agree the actions set out in the Black, Asian and Minority Ethnic Inequalities Commission Action Plan and note that the actions will be reviewed and updated through on-going appraisal of progress (Appendix 2 to the report).

3.    To agree to create a £1m reserve to provide the funding needed to deliver the programme set out in the action  ...  view the full minutes text for item 6.2

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To approve the proposed allocations/schemes valued at £11.612m for delivery in LIF Programme 3 as set out in Table 2, Section 3.14 /Appendix 1 of the report.

2.    To delegate the decision on the allocation of the £0.500m Small Works pot shown in Table 2, Section 3.14 of the report to the Director of Planning and Building Control through the LIF Working Group.

3.    To delegate the decision on the approval of contingency funds shown in Table 2, section 3.14 of the report to the Director of Planning and Building Control through the LIF Working Group.

4.    To note the ring-fenced budget of £5.207m in the Capital Programme LIF pot for projects in the Capital Programme that will deliver LIF priorities, noting that project level approvals will come to Cabinet separately in future meetings.

5.    To approve the budget virement from LIF Programme 1 of £6.013m to LIF Programme 3.

6.    To note that the approved budget for LII is unchanged.

7.    To approve the changes to the LIF consultation cycle from a 2 year cycle to a 3 year cycle as detailed in Section 3.17 – 3.22 of the report.

8.    To note the Equalities Impact Assessment / specific equalities considerations as set out in Paragraphs 4.1 – 4.4 of the report.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

Reasons for Decision

The Council is obliged by the Community Infrastructure Levy (CIL) Regulations to consult with the local communities on their priorities for the expenditure of the Local Infrastructure Fund (the borough term for Neighbourhood CIL). Therefore, the decision made by the Mayor in Cabinet on the 6th December 2016 committed the Council to an annual public consultation process in order to gather local people’s priorities for infrastructure and nominate projects for local improvements for the Council to deliver using its existing delivery mechanisms.

As a result of the annual consultation process, new projects come forward every year which are added to the existing LIF programme. This year’s new additions (LIF Programme 3) spend funding collected in 2020/21 and are listed in Table 2, Section 3.14 / Appendix 1, noting that this also includes the reallocation of funds from LIF Programme 1. The next round of the LIF public consultation is expected to commence in November 2021, for funds received in the year 2021/22, therefore approval for LIF Programme 3 project allocations is required before going out to consult again for new nominations.

Alternative Options

The Council is required to approve the annual LIF project allocations as per commitment through the 6th December 2016 Cabinet Report in order to enable the timely delivery of projects and priorities nominated by local people.

The alternative option would be to not approve funding for the delivery of infrastructure projects and programmes. This would undermine the Council’s ability to provide the necessary level and quality of infrastructure to support both existing residents and to  ...  view the full decision text for item 6.3

Councillor Asma Islam, Cabinet Member for Environment and Planning introduced the report which sought approval for the virements of budgets to the Local Infrastructure Initiatives (LII) Programme in the 21/22 - 23/24 approved Capital Programme funded by the Local Infrastructure Fund (LIF).

The Mayor welcomed the report and noted the pre-decision scrutiny questions and officer responses and moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To approve the proposed allocations/schemes valued at £11.612m for delivery in LIF Programme 3 as set out in Table 2, Section 3.14 /Appendix 1 of the report.

2.    To delegate the decision on the allocation of the £0.500m Small Works pot shown in Table 2, Section 3.14 of the report to the Director of Planning and Building Control through the LIF Working Group.

3.    To delegate the decision on the approval of contingency funds shown in Table 2, section 3.14 of the report to the Director of Planning and Building Control through the LIF Working Group.

4.    To note the ring-fenced budget of £5.207m in the Capital Programme LIF pot for projects in the Capital Programme that will deliver LIF priorities, noting that project level approvals will come to Cabinet separately in future meetings.

5.    To approve the budget virement from LIF Programme 1 of £6.013m to LIF Programme 3.

6.    To note that the approved budget for LII is unchanged.

7.    To approve the changes to the LIF consultation cycle from a 2 year cycle to a 3 year cycle as detailed in Section 3.17 – 3.22 of the report.

8.    To note the Equalities Impact Assessment / specific equalities considerations as set out in Paragraphs 4.1 – 4.4 of the report.

DECISION

1.    To consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Bethnal Green.

2.    To consider and agree the reviewed CIA Policy Statement, which has been reviewed in light of the consultation. The Policy Statement can be found in Appendix One to the report, however Cabinet should note paragraph 9.10 of the Policy, which states:

“If there are no representations, the licensing authority must grant the application in terms that are consistent with the operating schedule submitted in line with their delegated authority.”

3.    That the proposed CIAs, as part of the Statement of Licensing Policy, will take effect from 18th November 2021 for three years unless, within that time, they are reviewed and the Council is of the opinion that they are no longer necessary.

4.    To support these recommendations to full Council for adoption.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Public Realm (D. Jones)

(Head of Licensing and Environmental Health (D. Tolley)

Reasons for Decision

The Council is statutorily required to review its CIAs every 3 years.

Alternative Options

Cabinet does have the option not to recommend the renewal of the CIAs. Cabinet further has the option of suggesting amendments to the scope of the CIAs. For the reasons set out in this report, neither option is recommended.

Councillor Asma Islam, Cabinet Member for Environment and Planning introduced the report which, further to the Council’s statutory responsibilities under the Licensing Act 2003, presented the results of a review of The Council’s two Cumulative Impact Assessments in Brick Lane and Bethnal Green. Councillor Islam explained how the results of the consultation had fed into the review and asked Cabinet to note that, as part of the Council’s Policy Framework, approval of the recommendations would be forwarded to full Council.

At the invitation of the Mayor, Philip Kolvin QC addressed the Cabinet. Mr Kolvin, who was representing UK Hospitality, made several points, including:

·         The proposed CIP is a barrier to investment and employment.

·         The required evidence base to demonstrate cumulative impact in the proposed areas does not exist. Many businesses have closed and many more will close due to the Covid pandemic. Other authorities have moved or suspended their cumulative impact policies for this reason. The Council should make a post COVID assessment and forecast.

·         The Council’s pre-pandemic data failed to demonstrate cumulative impact.  The critique of the Council’s data analysis in UK Hospitality’s submission had not been addressed. Evidence of complaints etc are insignificant and do not demonstrate cumulative impact. UK Hospitality suggests lifting and pausing the policies for an evaluation period.

·         The Council, police and residents already have sufficient safeguards to promote standards of licensed premises in the areas and revoke licenses of premises that fail to promote the licensing objectives. A CIP presents an additional, artificial barrier for the sector at a time it is struggling to recover from the pandemic.

·         There is a growing international body of literature on alternative methods of promoting a modern, sustainable, post-Covid night time economy. Proposals include no evidence that this alternative approach had been considered.

Councillor Peter Golds, Leader of the Conservative Group, indicated he supported the cumulative impact policies, which in the past had worked extremely well both for residents and businesses, to protect and promote the vibrant night-time economy in the affected areas.

The Mayor and Councillor Islam responded to the points made by Mr Kolvin. They indicated that they understood and had sympathy with the position the hospitality industry in this matter, but they felt that the assessment of public representations and of all evidence led them to support the proposals.

At the request of the Mayor, David Tolley, Head of Environmental Health and Trading Standards addressed the meeting and indicated that he felt the officer report reflected all the comments received.

The Mayor thanked Mr Kolvin and Councillor Golds for their contributions. He noted and welcomed the comments from Overview and Scrutiny Committee (circulated as an agenda supplement) which he felt were broadly supportive of the recommendations proposed in the report.  He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To consider the evidence and statutory consultation returns and retain both CIAs in Brick Lane and Bethnal Green.

2.    To consider and agree the reviewed CIA  ...  view the full minutes text for item 6.4

DECISION

1.    To note the scope and progress made by the Homelessness Transformation Programme to date.

2.    To approve the council’s revised Homelessness Accommodation Placement policy to take into account the provisions of the Homelessness Reduction Act (2017) and how the council, as a local housing authority, will allocate accommodation in the private rented sector to prevent and relieve homelessness.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Housing (K. Swift)

Reasons for Decision

The Homelessness Accommodation Placement Policy clearly sets out the council’s approach as to how officers will use available housing stock to discharge the council’s homelessness responsibilities. The policy will ensure that the council follows current legislation and provides a reference point for housing options staff to make their decisions.

Alternative Options

Do nothing - if the council fails to revise its Homelessness Accommodation Placement Policy to guide officers, residents and stakeholders, the council leaves itself open to legal challenge. It could also risk a lack of clarity for officers in applying best practice within their decision making.

Councillor Danny Hassell, Cabinet Member for Housing introduced the report which provided and update on the progress that has been made in the delivery of the council’s Homelessness Transformation Programme and sought approval for a revised Homelessness Accommodation Placement policy which reflected the legislation brought into place following the Homelessness Reduction Act (2017). Councillor Hassell outlined some of the key benefits the revised Homelessness Accommodation Placement policy would deliver both in terms of the customer experience and the council’s processes and resource allocation.

The Mayor welcomed the report, which he indicated represented a reasonable and thoughtful approach to a challenging policy area. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To note the scope and progress made by the Homelessness Transformation Programme to date.

2.    To approve the council’s revised Homelessness Accommodation Placement policy to take into account the provisions of the Homelessness Reduction Act (2017) and how the council, as a local housing authority, will allocate accommodation in the private rented sector to prevent and relieve homelessness.

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To delegate authority to the Corporate Director of Place to appropriate the Land for planning purposes in accordance with section 122 Local Government Act 1972 and subsequent use of the Council’s powers under s203-s206 of the Housing & Planning Act 2016 to override rights to light of neighbouring properties that would be infringed by the William Brinson Centre redevelopment.

2.    To delegate authority to the Corporate Director of Place to agree the settlement of rights of light claims with an affected party, together with any associated fees.

3.    To authorise the Divisional Director, Legal to enter into any legal agreements considered necessary or desirable for the Council to put in effect the recommendations in the report.

4.    To note that the cost of the proposed settlement of rights of light compensation payments and associated fees will be met from the capital budget for the William Brinson Centre scheme.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Housing (K. Swift)

Reasons for Decision

The Council has instructed a Rights of Light consultant Delva Patman Redler (DPR) to carry out a detailed analysis to identify surrounding properties which would suffer an adverse impact to the level of light currently maintained. The report identifies of the 54 neighbouring properties assessed, a total of 37 are likely to experience potentially actionable rights of light infringements.

DPR has also assessed the level of light infringement to each individual property that is affected and provided details of the potential settlement budget for the release of these rights. Full details of the affected parties, settlement budgets as well as negotiations are set in the exempt appendices 2 and 3. Due to the high risk of an injunction to prevent the scheme being delivered and the associated settlement costs, the Council needs to consider appropriate use of its powers to mitigate these risks.

Alternative Options

Do nothing option: if the Council decides not to appropriate the Land then there is the potential that affected private property owners could bring injunction proceedings which could stop the construction of the project or significantly delay its delivery. As a result, this would put at risk the Council’s approved budget to deliver this scheme and impact the Council’s affordable homes target, whilst jeopardising the 62 affordable units proposed as part of this approved scheme. In addition, the Land will remain vacant as a disused asset and the Council will continue to incur associated security and maintenance costs.

The carrying out of the development is dependent upon adhering to a programme. That programme cannot be met unless those entitled to rights of light agree to infringements or the infringements are authorised by s203. The Council needs to maintain its programme to lawfully implement the development before 18 December 2022 and subsequently complete the development. If the proposed development were not to come forward due to an inability to implement the planning permission prior to its implementation deadline, then it is unlikely that  ...  view the full decision text for item 6.6

Councillor Danny Hassell, Cabinet Member for Housing introduced the report which sought cabinet agreement to authorise the Corporate Director of Place to appropriate for planning purposes the Council’s property known as Land at William Brinson Centre for the purpose of facilitating the construction new buildings comprising commercial units affordable housing units.

Rupert Brandon, Head of Housing Supply, provided some background on the use of section 203 powers in relations to land development. The cabinet discussed the complexities of the legislation including the requirements to consider each application on its merits and how the council can, if requested, exercise s203 powers on behalf of private developers.

The Mayor welcomed the report and noted the exempt appendices and the pre-decision scrutiny questions and officer responses. He noted there had been some emotive reactions from residents with regards to the proposed development, but indicated he felt the benefits of the scheme would outweigh the deficiencies. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To delegate authority to the Corporate Director of Place to appropriate the Land for planning purposes in accordance with section 122 Local Government Act 1972 and subsequent use of the Council’s powers under s203-s206 of the Housing & Planning Act 2016 to override rights to light of neighbouring properties that would be infringed by the William Brinson Centre redevelopment.

2.    To delegate authority to the Corporate Director of Place to agree the settlement of rights of light claims with an affected party, together with any associated fees.

3.    To authorise the Divisional Director, Legal to enter into any legal agreements considered necessary or desirable for the Council to put in effect the recommendations in the report.

4.    To note that the cost of the proposed settlement of rights of light compensation payments and associated fees will be met from the capital budget for the William Brinson Centre scheme.

DECISION

1.    To approve for adoption the updated CAMPs [as set out in Appendix 1 to the report] for the following five conservation areas, so that they can be considered as a material planning consideration in the assessment of planning decisions: 

§  Ford Square and Sidney Square

§  Myrdle Street

§  London Hospital

§  Whitechapel High Street

§  Whitechapel Market

2.    To authorise the Corporate Director for Place to make any necessary factual or graphic design changes prior to publishing the final CAMPs. 

3.    To authorise the Corporate Director for Place to enact the proposed boundary changes to the five conservation areas as set out in Appendix 2 to the report.

4.    To note the representation schedule, as set out in Appendix 3 to the report, which presents the representations received during the consultation and the responses to these. 

5.    To note the Equalities Impact Assessment as set out in Appendix 4 to the report.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Planning and Building Control (J. Peters)

(Place Shaping Team Leader (M. Ritchie)

Reasons for Decisions

Whitechapel has undergone substantial physical change in recent years and is under pressure to undergo further substantial change.  The council relies on CAMPs to help preserve and enhance the character and appearance of its conservation areas in the face of this ongoing change.  The current CAMPs for conservation areas in and around Whitechapel are now more than ten years old and need updating to ensure that they are effective tools to assist with the management of the historic environment, which is a valued resource.

Updated CAMPs have been prepared in accordance with best practice guidance and using detailed research.  Changes to the boundaries of the five conservation area have also been proposed.  The draft CAMPs and boundary changes have been the subject of a six-week public consultation, which reached out to all relevant and interested stakeholders.  Detailed comments on the draft documents and boundary changes have been received and given careful consideration.  Where appropriate the documents and proposed boundary changes have been amended accordingly.  The updated CAMPs and amended boundaries will be an effective tool to help the council manage change while preserving and enhancing the character and appearance of the historic environment in and around Whitechapel.

Alternative Options

Cabinet may choose to not adopt the updated CAMPs and instead rely on the Local Plan and existing CAMPs to inform future planning decisions affecting the five conservation areas.  This option is not recommended as the Local Plan does not provide a sufficiently detailed appraisal of the historic environment in and around Whitechapel and the existing CAMPs are now more than ten years old and do not accurately reflect the changes that have taken place during this time or the nature of the changes that are anticipated to take place in the future.  Should there be any concerns about an individual CAMP, Cabinet may choose to only adopt some of them.    

Cabinet may also choose not to agree to the proposed boundary  ...  view the full decision text for item 6.7

Councillor Asma Islam, Cabinet Member for Environment and Planning introduced the report which, proposed updated Character Appraisals and Management Plans for five conservation areas in and around Whitechapel. Councillor Asma Islam explained that the documents provide a detailed description of the architectural and historic character of the conservation areas and set out management guidelines on how their character should be preserved and enhanced in the context of appropriate ongoing change.

The Mayor welcomed the report and noted there were a number of conservation areas in the borough, some of which might require similar amendments and tweaks to be agreed in reports of this nature. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED

1.    To approve for adoption the updated CAMPs [as set out in Appendix 1 to the report] for the following five conservation areas, so that they can be considered as a material planning consideration in the assessment of planning decisions: 

§  Ford Square and Sidney Square

§  Myrdle Street

§  London Hospital

§  Whitechapel High Street

§  Whitechapel Market

2.    To authorise the Corporate Director for Place to make any necessary factual or graphic design changes prior to publishing the final CAMPs. 

3.    To authorise the Corporate Director for Place to enact the proposed boundary changes to the five conservation areas as set out in Appendix 2 to the report.

4.    To note the representation schedule, as set out in Appendix 3 to the report, which presents the representations received during the consultation and the responses to these. 

5.    To note the Equalities Impact Assessment as set out in Appendix 4 to the report.

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To authorise the procurement of an architect and multi-disciplinary design team to take the design and construction through to completion and the inclusion of this contract on the Contracts Forward Plan.

2.    To authorise the procurement of an Employer’s Agent to take the construction through to completion.

3.    To authorise the procurement of a construction contractor to undertake the construction work.

4.    To note the budget approval of £51.400m for the development of George Green School and the funding sources identified and allocated for this purpose.

5.    To authorise the Corporate Director place to award the contracts referred to above in consultation with the Corporate Director of Resources, subject to approval through the capital governance process and tenders being within the approved capital estimate.

6.    To authorise the Corporate Director Place to enter into any agreements relating to and facilitating the above arrangements such as collateral warranties, novation agreements in order to protect the Council’s interests.

7.    To note the Equalities Impact Assessment as set out in Paragraph 4.1 of the report.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Head of Capital Delivery (J. Abraham)

Reasons for Decision

The council’s Financial Regulations and Procurement Rules require Cabinet approval for the appointment of services over £0.250m and works over £5.000m. The appointment of the architect and multi-disciplinary design team to develop the design to planning submission stage is expected to cost in excess of £0.250m and the works contract will significantly exceed £5.000m.

Alternative Options

The Q4 Contracts Forward Plan is due to be presented to Cabinet early next year. Without an earlier approval, the procurement of a design team to submit a planning application by April 2022 will be delayed and it will not be possible to deliver a replacement scheme by the target date of September 2024.

Councillor Asma Begum, Deputy Mayor and Cabinet Member for Children, Youth Services, Education and Equalities introduced the report that sought cabinet’s approval to progress the proposals for the redevelopment of George Green School. Councillor Begum advised that approval is sought to enable a multi-disciplinary team, including an architect to develop design proposals and provide such services as required. She advised that the delivery of the new school is hoped to be achieved via a phased approach without the need for an offsite decant.

Councillor Peter Golds, Leader of the Conservative Group, indicated he supported the proposal for the development without the need for an offsite decant, but suggested contingency provision be identified in case this cannot be achieved to avoid any disruption to education.

The cabinet discussed how the architectural design of the new school could reflect the unique aspects of the site and surrounding area.

The Mayor welcomed the report, which he felt represented an exciting opportunity for the local area and noted the pre-decision scrutiny questions and officer responses. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To authorise the procurement of an architect and multi-disciplinary design team to take the design and construction through to completion and the inclusion of this contract on the Contracts Forward Plan.

2.    To authorise the procurement of an Employer’s Agent to take the construction through to completion.

3.    To authorise the procurement of a construction contractor to undertake the construction work.

4.    To note the budget approval of £51.400m for the development of George Green School and the funding sources identified and allocated for this purpose.

5.    To authorise the Corporate Director place to award the contracts referred to above in consultation with the Corporate Director of Resources, subject to approval through the capital governance process and tenders being within the approved capital estimate.

6.    To authorise the Corporate Director Place to enter into any agreements relating to and facilitating the above arrangements such as collateral warranties, novation agreements in order to protect the Council’s interests.

7.    To note the Equalities Impact Assessment as set out in Paragraph 4.1 of the report.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Head of Capital Delivery (J. Abraham)

Reasons for Decision

The council’s Financial Regulations and Procurement Rules require Cabinet approval for the appointment of services over £0.250m and works over £5.000m. The appointment of the architect and multi-disciplinary design team to develop the design to planning submission stage is expected to cost in excess of £0.250m and the works contract will significantly exceed £5.000m.

Alternative Options

The Q4 Contracts Forward Plan is due to be presented to Cabinet early next year. Without an earlier approval, the procurement of a design team to submit a planning application by April 2022 will be delayed and it will not be possible to deliver a replacement scheme by the target date of September 2024.

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To formally declare Shapla School, Cherry Trees School and the building on Guardian Angels School site surplus to requirements.

2.    To delegate authority to the Corporate Director of Place to enter into Meanwhile Use agreements pending disposal

3.    To agree that future reports will be presented to Cabinet regarding the terms of disposal where appropriate.

4.    To note that disposal of schools would be subject to DfE approval under Section 77 of the SSFA98, ‘disposal/change of use of playing field land’.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

Reasons for Decision

Under the Council constitution, we are required to;

·            declare sites surplus to requirement prior to disposal

·            achieve best consideration in disposing of sites. Delegated authority will support expeditious action in this regard. 

Receipts from the disposals will support the improvement of other parts of the Council’s education estate

Meanwhile occupancy will protect the sites from dereliction and offset maintenance and security costs pending approval from the DfE for disposal.

Alternative Options

Use by another school - One of the reasons for the closure of these school sites has been the lack of demand in the particular locations.  With the change in the Borough profile, the demand for school places has changed meaning there was surplus spaces in some area while demand predicted to increase in others.  The likelihood of requiring these sites in these exact locations is slim.

Councillor Mufeedah Bustin, Cabinet Member for Social Inclusion – (Job Share post as part of Social Inclusion and Public Realm portfolio) introduced the report that proposed four former school sites to be declared surplus to requirements and for delegated authority to be approved for meanwhile occupation and potential disposal on the open market.

The Mayor welcomed the report, noted the pre-decision scrutiny questions and officer responses and the exempt appendix. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To formally declare Shapla School, Cherry Trees School and the building on Guardian Angels School site surplus to requirements.

2.    To delegate authority to the Corporate Director of Place to enter into Meanwhile Use agreements pending disposal

3.    To agree that future reports will be presented to Cabinet regarding the terms of disposal where appropriate.

4.    To note that disposal of schools would be subject to DfE approval under Section 77 of the SSFA98, ‘disposal/change of use of playing field land’.

DECISION

1.    To Note the terms for the proposed lease with the Diocese and delegate authority to the Corporate Director of Place to obtain any necessary consents required to the letting to the Diocese.

2.    To Delegate authority to the Corporate Director of Place to enter and complete the lease.

3.    Should the lease not complete for any reason, to delegate authority to the Corporate Director of Place to be able to declare the site as surplus to requirements and marketed.

4.    Subject to receiving further legal advice, to delegate authority to the Corporate Director of Place to approve the removal of the restrictive covenant running across the School site if appropriate.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

(Head of Asset Management (S. Shapiro)

Reasons for Decision

Under the Council constitution, we are required to seek authority for entering a tenancy over a £100k threshold. This transaction falls within this category as rent is over £121k per annum over 21 years.

Alternative Options

Use by another school -   There are other non-private schools that access this sport hall, but they may not have the financial capacity to pay the rent we have secured on this site.

Seek a private leisure provider - The sports hall is accessible via St Matthias School.   Whilst the hall may be rented to a non-school user, access and other matters may need to be reviewed so fully independent and to reduce any child protection concerns.  Additionally, local primary schools use the sports hall, if this arrangement was required for the private leisure provider, the rental income is likely to be impacted.   Use by of the site by a non -neighbour would require creating an additional access route to the building which is currently accessed via the school site.

Disposal - Whilst disposal on the open market is always an option, it is understood that Sports Lottery Funds may have been used to build this facility and disposal may contravene the terms of the funding.

Councillor Mufeedah Bustin, Cabinet Member for Social Inclusion – (Job Share post as part of Social Inclusion and Public Realm portfolio) introduced the report that sought agreement for the council to enter into a rental agreement with The London Diocesan Board for Schools for the letting of a sports hall. Councillor Bustin advised that, as part of the negotiations, some use of the hall for local primary schools had been secured.

The Mayor welcomed the report and noted the exempt appendix. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To Note the terms for the proposed lease with the Diocese and delegate authority to the Corporate Director of Place to obtain any necessary consents required to the letting to the Diocese.

2.    To Delegate authority to the Corporate Director of Place to enter and complete the lease.

3.    Should the lease not complete for any reason, to delegate authority to the Corporate Director of Place to be able to declare the site as surplus to requirements and marketed.

4.    Subject to receiving further legal advice, to delegate authority to the Corporate Director of Place to approve the removal of the restrictive covenant running across the School site if appropriate.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

(Head of Asset Management (S. Shapiro)

Reasons for Decision

Under the Council constitution, we are required to seek authority for entering a tenancy over a £100k threshold. This transaction falls within this category as rent is over £121k per annum over 21 years.

Alternative Options

Use by another school -   There are other non-private schools that access this sport hall, but they may not have the financial capacity to pay the rent we have secured on this site.

Seek a private leisure provider - The sports hall is accessible via St Matthias School.   Whilst the hall may be rented to a non-school user, access and other matters may need to be reviewed so fully independent and to reduce any child protection concerns.  Additionally, local primary schools use the sports hall, if this arrangement was required for the private leisure provider, the rental income is likely to be impacted.   Use by of the site by a non -neighbour would require creating an additional access route to the building which is currently accessed via the school site.

Disposal - Whilst disposal on the open market is always an option, it is understood that Sports Lottery Funds may have been used to build this facility and disposal may contravene the terms of the funding.

The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To authorise a S.77 application to be made by LBTH regarding the disposal of the current playground.

2.    To approve the freehold disposal of the section of playground (shown as light blue on the plan) to Alliance Property Asia Incorporated for £8.8m plus acquisition of the section of land coloured green on the plan in the appendix to the report.

3.    To authorise the Divisional Director, Legal to enter into any legal agreements considered necessary or desirable for the council to put into effect the recommendations in the report.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Integrated Growth and Development (V. Clark)

(Head of Asset Management (S. Shapiro)

Reasons for Decision

The land to be disposed of (light blue on accompanying plan) is currently designated as a school playing field and will be included as part of a land swap with Alliance in exchange for £8.8m plus the green land on the accompanying plan.

It is considered that this will not cause detriment to the school as the land swap and associated receipt provide opportunity to make improvements to the accommodation and facilities for the school community, including a new block, classroom refurbishments and a play area less exposed to traffic pollution.

At the same time, this transaction is conditional upon receiving consent from the Department of Education from submitting a Section 77 Application under School Standards and Framework Act, 1998 and Schedule 1 of the Academies Act 2010 which is required when disposing of playing fields.

The Council has advised that it will consult with the public and that this is expected to take place towards the end of 2021 for a 6-week period. The DfE guidance indicated consultation is required, unless the DfE advise otherwise. The Council can submit the Section 77 application prior to any consultation.

Due to the value of the land, it is beyond Delegated Threshold levels of officers and Cabinet approval is therefore required.

Alternative options

The land swap has been proposed by Alliance is in order to facilitate a major new office development by consolidating and rationalising their development site.

Alliance have recognised the value which this swap creates for them in offering £8.8m consideration plus an equivalent sized land parcel for school playground use.

The reconfiguration of the site and the financial receipt will also support other improvements to the school including a new nursery block, refurbishments to other classrooms, and the reorientation of the playground reducing children’s exposure to traffic pollution.

The alternative option would be not to progress the land swap. This would maintain the established layout for the school but would require redesign of the office scheme and would also mean foregoing the capital receipt and associated improvements. 

Councillor Mufeedah Bustin, Cabinet Member for Social Inclusion – (Job Share post as part of Social Inclusion and Public Realm portfolio) introduced the report that sought cabinet agreement for a land swap in the vicinity of Canon Barnett School to facilitate a major new office development. Councillor Bustin explained that the proposed development would provide employment opportunities for the borough.

The Mayor welcomed the report and noted the pre-decision scrutiny questions and officer responses. The Mayor left the meeting very briefly during the consideration of this item, during which time, Councillor Asma Begum chaired the meeting. The Mayor returned before the conclusion of the item and indicated that, as he had not been present throughout, would not be voting on it. He moved the recommendations as set out and they were agreed without dissent. It was:

RESOLVED:

1.    To authorise a S.77 application to be made by LBTH regarding the disposal of the current playground.

2.    To approve the freehold disposal of the section of playground (shown as light blue on the plan) to Alliance Property Asia Incorporated for £8.8m plus acquisition of the section of land coloured green on the plan in the appendix to the report.

3.    To authorise the Divisional Director, Legal to enter into any legal agreements considered necessary or desirable for the council to put into effect the recommendations in the report.

Nil items.

Should the Mayor in Cabinet consider it necessary, it is recommended that the following motion be adopted to allow consideration of any exempt/restricted documents.

“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)

Nil items.

Nil items.

Nil items.

Chair of Overview and Scrutiny Committee (OSC) to report on any issues  raised by the OSC in relation to exempt/confidential business to be considered.

Nil items.

(Under provisions of Section 30, Rule 59 of the Constitution).

Nil items.

Nil items.