Agenda and minutes

Councillor Scott Seaman-Digby.

On Item 5, statutory proposals to amalgamate Harefield Infants and Junior Schools, Councillor Henry Higgins declared a personal and non prejudicial interest as a School Governor of the two schools.

The minutes of the meeting held on the 16^th July 2009 were agreed as a correct record.

Confirmed subject to Item 19 being deferred to the next meeting.

RESOLVED:

That Cabinet agree:

1. To reject Statutory Proposals to amalgamate Harefield Infant and Junior Schools at this time. (The proposals would involve closing Harefield Infant School, and lowering the age-rage and enlarging the premises of Harefield Junior School, with effect from April 1st 2010).

2. That amalgamation be reconsidered at a later date should more suitable circumstances arise.

Reasons for decision

The proposals under consideration to amalgamate the schools followed on from a decision taken by Cabinet in March 2009 that the council adopts a policy of amalgamating infant and junior schools where appropriate opportunities arise, but on a case by case basis.

Statutory consultation with key stakeholders was conducted from July 1st 2009 to August 11th 2009 and attracted several points of objection. Whilst Cabinet felt that all points of objection could be addressed, it was also appropriate to be sensitive to the views of local stakeholders. Cabinet therefore on balance decided against amalgamation, but that should circumstances change, the proposals could be brought forward again at a later date.

If the Cabinet did not make a decision within 2 months of the consultation period then the proposals would have need to be referred to the Office of the Schools Adjudicator for a decision.

Alternative options considered and rejected

Cabinet could have approved the proposals outright, modified the proposed implementation date or approved the proposals subject to meeting a specific condition (e.g. planning permission)

Officer to Action:

Terry Brennan, Education & Children’s Services

RESOLVED:

That Cabinet agrees:

1. To instruct officers to carry out a tenant and leaseholder test of opinion on dissolving Hillingdon Homes and bringing the council housing services back in-house.

2. To instruct officers to report back to Cabinet for a final decision on the future of Hillingdon Homes as soon as possible once the test of opinion has been completed.

Reasons for decision

The Council’s Arms Length Management Company (ALMO), Hillingdon Homes, was set up in April 2003 following a positive outcome to a tenant and leaseholder test of opinion.  This enabled the council and residents to receive around £60m towards the cost of achieving the decent homes standard.  Hillingdon Homes has been successful in the delivery of that goal, two years ahead of the Government target. In addition, services have continuously improved and tenant and leaseholder satisfaction have increased.  However, now these targets have been achieved, Cabinet agreed that the future of the ALMO needs to be reviewed along with how best to continue to improve the services provided to tenants and leaseholders. 

Cabinet considered it to be in the council’s and customers’ best interests (subject to the required consultation process with tenants and leaseholders) to take the service back into the council. Cabinet felt it would enable savings to be made by eliminating the cost of governance of the ALMO and further improvements to services by closer alignment to the delivery of services and improvement programmes within the council.

Alternative options considered and rejected

To continue with the provision of council housing services through Hillingdon Homes without reviewing it.                                      

Officer to Action:

Neil Stubbings, Adult Social Care, Health & Housing

RESOLVED:

That Cabinet:

1. Approves the Local Implementation Plan funding submission for 2010-2011 to Transport for London as attached in the Appendix to the report.

2. Authorises the Director of Planning and Community Services in conjunction with the Cabinet Member for Planning and Transportation to approve the final details of Local Implementation Plan schemes.

Reasons for decision

The Local Implementation Plan (LIP) funding submission is an essential process for procuring external funding for transportation projects and initiatives to benefit the Borough.  Cabinet approval was given to submit the LIP funding bid in compliance with Transport for London’s (TfL) requirements.  This year, TfL required the submission to be made by the 21 September 2009, however it had agreed a discretionary time extension for Hillingdon until the Cabinet had made its decision.

Alternative options considered and rejected

Cabinet could have decided not to submit a funding submission to TfL and areas for improvements to road safety, the highway network, accessibility and public transport would not have been achieved, with a significant impact on the residents and businesses in the Borough. Cabinet could have revised the bids within TfL’s total allocations for the Corridors, Neighbourhood and Smarter Travel allocations respectively.

Officers to Action:

Bob Castelijn / Jales Tippell, Planning & Community Services

RESOLVED:

That the Cabinet:

1. Notes the comments received during the consultation period.

2. Approves the amendments made to the draft Supplementary Planning Document for the former National Air Traffic Services site, Porters Way, West Drayton.

3. Adopts the Supplementary Planning Document (SPD) for the purposes of development management, along with the accompanying documents, the Sustainability Appraisal and the Summary of responses to the consultation on the draft SPD.

4. Grants delegated authority to the Director of Planning and Community Services to approve any minor amendments or corrections of a factual nature, to the Supplementary Planning Document before it is formally published.

Reasons for decision

The purpose of the Supplementary Planning Document (SPD) was to provide planning guidance for the future use and development of the former National Air Traffic Services (NATS) site, at Porters Way, West Drayton, along with the adjoining site owned by Council. The former NATS site had been acquired by Inland Homes, who intend to redevelop it. The Porters Way Supplementary Planning Document (SPD) 2005, which covered the site, is considered to be out of date, given the number of legislative and policy changes since 2005, and needs to be updated. Cabinet approval was therefore given for the adoption of the Supplementary Planning Document (SPD) for the site that has been revised following public consultation on the draft document.

Alternative options considered and rejected

Cabinet could have decided not to adopt the SPD. This would have restricted the Council’s ability to influence redevelopment of the site and may have affected the ability to achieve wider planning, community and sustainability goals.

Officers to action:

Stephen Timms / Jales Tippell, Planning & Community Services

RESOLVED:

That Cabinet:

1. Approves for consultation purposes the proposed revisions to the Accessible Hillingdon Supplementary Planning Document, and the associated Sustainability Appraisal, as contained in Appendices 1 and 2 of this report.

2. Instructs officers to undertake a six week consultation period with stakeholders in accordance with the Council’s Statement of Community Involvement and to bring a report on the consultation response to a future Cabinet meeting.

Reasons for decision

The original Hillingdon Design and Accessibility Statement (HDAS) document ‘Accessible Hillingdon’, was compiled between July 2004 and 2005.  Since its adoption in July 2006, there had been considerable developments in good practice regarding accessibility issues. A revised document was written and reported to Cabinet in September 2008, however with the appointment of a new Access Officer, the document had been revised, to include more illustrations and a simplified text to make it easier to use. 

Cabinet approved the document and also the accompanying Sustainability Appraisal, which provided an indication of the current accessibility of the Borough’s buildings and a rigorous examination of the legislative, policy and data collection context for the document.

Alternative options considered and rejected

None

Officers to action:

Charmian Baker/Ali Kashmiri, Planning & Community Services

RESOLVED:

That Cabinet:

1. Accepts the offer of a funding contribution from BAA in accordance with the provisions of Section 93 of the Local Government Act 2003 and Section 139 of the Local Government Act 1972.

2. Agrees that the offer be accepted on the basis that it is without prejudice to the Council’s continued opposition to the third runway and contention that the Government support for it is unlawful.

Reasons for decision

Cabinet was aware that historically, airport planning proposals often impose large costs on the Council as they commonly involve developments that are major, complex, and require specialist knowledge. Often, work associated with proposals takes place over a number of years and requires multi agency working.

The Government’s decision on the third runway in January this year still stood until quashed by the Courts and Officers would have to undertake certain statutory obligations that would be an inevitable consequence of this decision. This would include the having a third runway option within the core strategy and fulfilling statutory responsibilities and representing the interests of residents in relation to any development consent order procedure initiated by BAA for the third runway under the Planning Act 2008.

Cabinet therefore agreed that BAA’s funding contribution be extended for a further year.  Cabinet made it clear that any work associated with the legal challenge would be excluded from any funding contribution. Most importantly, Cabinet agreed that any funding contribution accepted, would be without prejudice to the Council’s opposition to the third runway and contention that the Government support for it is unlawful.

Alternative options considered and rejected

The Cabinet could have refused the gift from BAA. This would not have been in the best interests of the local communities or the Council. Cabinet could have requested changes to the proposed gift from BAA however it would have been unlikely to increase any offer.  However, Cabinet noted that there was an opportunity to seek additional funding should it be required.

Officer to action:

Aileen Carlisle, Planning and Community Services

RESOLVED:

That Cabinet authorises officers to tender for a Conservation Management Plan, to form the basis of a bid for Heritage Lottery Funding for the refurbishment, conversion and interpretation of the listed buildings and park at Eastcote House Gardens for community use.

Reasons for decision

Cabinet noted that the listed buildings at Eastcote House Gardens comprised the former Coach House, Dovecot and Walled Garden.  They were all included on the Statutory List of Buildings of Special Architectural or Historic Interest, and within the Eastcote Village Conservation Area. The buildings had been in Council ownership for many years and were in need of significant repair work.  The tenants of the Coach House, the Eastcote Billiards Club, were no longer able to fulfil their obligations relating to the repairing lease, and its intermittent use was encouraging vandalism. The Coach House had been included on the Heritage at Risk Register, published by English Heritage.

Cabinet considered that the situation was now critical with regard to the repair and re-use of the buildings, that the site represented a much under-used community facility, and that an application for external funding to the Heritage Lottery Fund, supported by a Conservation Management Plan, was the only realistic solution. The Council was supported in this view by Ward Councillors, the local MP, English Heritage and the Friends of Eastcote House Gardens.

Cabinet authorisation was therefore given to proceed with proposals to secure the long term future of the site and its buildings for educational and community use.

Alternative options considered and rejected

Cabinet could have decided not to agree the recommendation, in which case the buildings would have fallen into such disrepair that they may have become unusable and at risk of collapse, or loss, through vandalism.

Officer to action:

Charmian Baker/Sarah Harper, Planning and Community Services

RESOLVED:

That Cabinet:

1. Notes the contents of this report regarding the Government’s Planning Act 2008 Consultation on Examination Procedures for Nationally Significant Infrastructure Projects.

2. Notes the potential financial burden that these procedures place on the local planning authority in relation to R3.

3. Endorses the response to the Government on its Planning Act 2008 Consultation on the Examination Procedures for Nationally Significant Infrastructure Projects as set out in Appendix 1, for submission to the Government.

Reasons for decision

Cabinet noted that this was the third in a series of consultations on the operation of the newly formed Infrastructure Planning Commission under the Planning Act 2008. 

Under the provisions of the new Act, promoters of certain large scale schemes would be able to submit a development consent order to the Infrastructure Planning Commission, who would determine it in most cases, rather than local planning authority as at present. Cabinet were aware that the Third Runway at Heathrow could be the first of the proposals within Hillingdon to be considered under this new regime.

Cabinet approved the consultation response because the new Act had significant implications for the level of influence that local councils and communities would have on future developments within their areas. Cabinet also wished to draw to the Government’s attention its concerns that the examination process does not place an unreasonable financial burden on the local planning authority.

Alternative options considered and rejected

Cabinet could have agreed the response to the Government in part or made no response.

Officer to action:

Aileen Carlisle, Planning and Community Services

RESOLVED:

That Cabinet:

1. Notes the progress made to date on the Council Plan;
2. Notes the progress made on the LAA 2008 and the performance reward grant section of the LAA 2007;
3. Notes the progress made in performance within the local performance framework;
4. Notes the progress of the Residents Survey;
5. Notes achievements across the council.

Reasons for decisions

Cabinet received a report setting out the progress made by officers in implementing the Council Plan across the Council.  It also provided a corporate overview of progress against the Local Area Agreement (LAA), the Council’s performance, Residents Survey and Achievements across the council.

Alternative options considered and rejected

Cabinet could have chosen to instruct officers to take further action or not.

Officers to action:

Susie Kemp/Ian Edwards, Deputy Chief Executive’s Office

RESOLVED:

That Cabinet notes the progress made to date on the tasks identified to deliver the Sustainable Community Strategy.

Reason for decision

Cabinet received a report setting out the progress made by officers in implementing the Sustainable Community Strategy across the Local Strategic Partnership.

Alternative options considered and rejected

Cabinet could have chosen to instruct officers to take further action or not.

Officer to action:

Ian Edwards, Deputy Chief Executive’s Office

RESOLVED:

That the Cabinet notes the updated financial information attached to the report.

Reasons for decision

Circular 05/05 and the accompanying best practice guidance requires local planning authorities to consider how they can inform Members and the public of progress in the allocation, provision and implementation of obligations whether they are provided by the developer in kind or through a financial contribution. Cabinet noted the report which detailed the financial planning obligations held by the Council and what progress had, and was, being made.

Alternative options considered and rejected

To not report to Cabinet.  However, Cabinet believed it was an example of good practice to monitor income and expenditure against specific planning agreements.

Officer to action:

Nicola Wyatt, Planning and Community Services

RESOLVED:

That Cabinet:

1. Note the forecast budget position for revenue and capital as at Month 4.

2. Agree to earmark £694k from balances brought forward for potential business efficiency investment as a result of the £12m target level of balances having been exceeded in 2008/09 at year-end.

3. Vire the capital budget of £250k for CCTV from Environment & Consumer Protection to Planning & Community Services to align the management and budgetary responsibilities for this programme.

4. Note the treasury management update in Appendix B.

5. Note the National Value for Money Indicator (NI179) 2008/09 actual submission and the progress towards the cumulative 3% p.a. efficiency target by 2010/11 as set out in Section C of the report.

6. Agrees that the Council make an additional grant of £20,000 to Hillingdon Homestart for the 2009/10 financial year.  The cost will be met from the strike fund savings brought forward in earmarked balances from 2008/9.

Reasons for decisions

Cabinet received a report setting out the council’s overall 2009/10 revenue & capital position, as forecasted at the end of Month 4 (July) and made decisions on the allocation or movement of various monies.

Alternative options considered and rejected

None.

Officer to action:

Paul Whaymand, Finance and Resources

Urgency Provisions

This report had been circulated less than 5 working days before the Cabinet meeting and was agreed by the Chairman to be considered as urgent.

RESOLVED:

That Cabinet:

1. Agree that the Term Contract for the provision of Term Contract Schedule 33 (Erection and Renewal of Street Furniture) be awarded to Cyril Smith (Fencing) Limited.

2. Agree that the Term Contractor is to provide the service for an initial period of three years, commencing on 14 October 2009, with the possibility of extending the Contract on an annual basis for a further 2 years, depending on Contractor performance.

3. Instruct Officers to ensure that all expenditure against this term contract is approved by way of a formal Cabinet Member decision jointly made by the Leader of the Council and Cabinet Member for Finance and Business Services.

Reasons for decision

Cabinet were aware that the Council was statutorily required to maintain highways maintainable at public expense and to take such care as is reasonably required to secure the safety of the highway for traffic. Cabinet therefore approved to have a Term Contractor available to carry out the erection and renewal of street furniture as and when required by the Council.

Cabinet approved the recommendation put forward by officers because the successful tenderer was able to satisfy the Officers that they had the capability and capacity to work in partnership with the Council to achieve best value in the provision of the erection and renewal of street furniture. Cabinet also requested any expenditure be made by way of a formal Cabinet Member decision.

Alternative options considered and rejected

Cabinet could have agreed not to appoint a tenderer which would have left the Council without a contractor for the provision of the erection and renewal of signs and street furniture.

Officer to action:

Jonathan Westell and Stuart Foulstone, Environment and Consumer Protection

Exempt Information

This report was included in Part II as it contained information relating to the financial or business affairs of any particular person (including the Authority holding that information) and the public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragraph 3 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended.

RESOLVED:

That Cabinet:

1. Approve the Major Construction Project Team’s recommendation, in agreement with the LEA, to award the construction contract to Priory Gate, who are the proposed contractor offering best value.

2. Note and agree that the analysis contained within this report recommends the approval and acceptance of the tender from Priory Gate Construction for a contract value not exceeding £1.547m and additional approval for provisional sums for School Furniture, IT equipment and Project Contingency giving a total of £2.285m as detailed in Table 4 within this report.

Reason for decision

Cabinet agreed to award a construction contract to a suitably qualified and experienced contractor to construct a 2-storey extension building and extension to the existing school and a library to be used for the expansion of Longmead Primary School. In doing so, Cabinet were aware that the Major Construction Projects Team, in conjunction with the Local Education Authority (LEA), had assessed the tenders and agreed that the tender submitted by Priory Gate Construction provided best value to the Council.

Alternative options considered and rejected

Cabinet could have decided not to proceed with the construction phase of the project and external funding for this project would have been lost. The school would also not have been able to provide the need for additional primary school places in the West Drayton area and the standard of accommodation that the school’s staff and pupils require would have suffered.

Officers to action:

Bill King &Graham Davies, Deputy Chief Executive’s Office

Exempt Information

This report was included in Part II as it contained information relating to the financial or business affairs of any particular person (including the Authority holding that information) and the public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragraph 3 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended.

This item was deferred to the next Cabinet meeting on 15th October.

Before Cabinet commenced discussion on this item, Cllr Jonathan Bianco, on behalf of the Cabinet, asked for the thanks and best wishes of the Council to be placed on public record for Pat Holmes, Estates and Valuation Manager and Martin White, Corporate Property Manager, who were shortly to retire after their dedicated service to the Council over many years.

RESOLVED:

That Cabinet agree the following recommendations:

1. That the Council makes an application to the Secretary of State for Communities and Local Government under the provisions of the Green Belt (London and Home Counties) Act 1938 to appropriate the land, shown edged black on the plan UXB 1070 and dated 08.05.2009, by way of a change of use from agriculture to civic amenity use.

2. That the Director of Planning and Community Services be given delegated authority to -

(a)   make an application to the Secretary of State in consultation with the Cabinet Member for Finance and Resources; and

(b)  release into the public domain the extracts of this report which are in the Director’s view necessary to prepare and make the application to the Secretary of State.

3. That Cabinet notes that before making an application to the Secretary of State an advertisement by way of public notice is to be placed in a local paper for a period of two consecutive weeks seeking comments or objections.

Reasons for recommendations

In order to carry out the proposed extensions to the Civic Amenity site Cabinet agreed to make an application under the relevant Act to obtain the Secretary of State’s consent to change the use from farmland to civic amenity use. Cabinet was aware that as part of this process, prior to making the application, was the need to advertise the intention in a local paper circulating in the area for a period of two weeks to seek any comments on the proposal.

Alternative options considered and rejected

None, however Cabinet was informed that if the land required for the extension proposal did not receive the Secretary of State’s consent to a change of use then any investment in the new facilities could not proceed.

Officers to action:

Pat Holmes / Gerry Edwards, Finance & Resources

Exempt Information

This report was included in Part 2 as it contained information relating to the financial or business affairs of any particular person (including the Authority holding that information) – and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings - and the public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragraphs 3 and 5 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended).

Urgency Provisions

This report had been circulated less than 5 working days before the Cabinet meeting and was agreed by the Chairman to be considered as urgent.

RESOLVED:

That Cabinet:

1. Notes the contents of the report and agrees to the provision of the 2009 Uxbridge Ice Rink subject to costings and assumptions being in line with this report;

2. Instructs Officers to undertake a procurement exercise to secure the most economically advantageous price for the provision of the Ice Rink and place a deposit to book the supplier;

3. Authorise Officers to prepare and submit a planning application for the 2009 Uxbridge Ice Rink and Christmas Market;

4. Agree to levy the prices as indicated in the body of the report which are in line with those charged in 2008; and additionally to include within the pricing structure, free use by designated Carers;

5. Agree to withdraw the exempt nature of relevant parts of the report solely for Officers of the Council to use to provide public information about this initiative and for other related purposes.

Reasons for decision

Cabinet gave consent to officers to procure and progress an outdoor temporary ice rink and Christmas Market for the 2009 Christmas season at the Civic Centre, Uxbridge.

Cabinet were reminded that last year the initiative attracted over 13,000 visitors, school parties and other voluntary groups. In agreeing the pricing structure, Cabinet sought to recognise the valuable role played by Carers and as such moved that free use be granted in this respect.

At the meeting, the Cabinet also resolved to withdraw the exemption status of this report purely for Council Officers to undertake publicity and related activities.

Alternative option considered and rejected

Cabinet could have decided not to provide the Ice Rink as part of its annual calendar of events and it rejected this because there was a compelling argument to meet public expectations of providing the event again in 2009.

Officers to action:

Jean Palmer / Mohamed Bhimani, Planning & Community Services

Exempt Information

This report was included in Part II as it contained information relating to the financial or business affairs of any particular person (including the Authority holding that information) and the public interest in withholding the information outweighed the public interest in disclosing it (exempt information under paragraph 3 of Part 1 of Schedule 12A to the Local Government (Access to Information) Act 1985 as amended.

Urgency Provisions

This report had been circulated less than 5 working days before the Cabinet meeting and was agreed by the Chairman to be considered as urgent.

No further items were considered and the meeting closed at 7.50pm.

THE ABOVE DECISIONS MADE BY THE CABINET DO NOT COME INTO EFFECT UNTIL 5PM, FRIDAY 2^ND OCTOBER, UNLESS CALLED-IN BY THE EXECUTIVE SCRUTINY COMMITTEE. MEMBERS AND OFFICERS WILL AUTOMATICALLY BE NOTIFIED OF ANY CALL-IN.