Agenda and minutes

Councillor Scott Seaman-Digby

Councillor Douglas Mills declared a personal interest in Item 6 (minute 221) as Chairman of Governors at Ruislip High School and remained in the room during discussion on the item.

Councillor Douglas Mills and Councillor Jonathan Bianco both declared a personal interest on Item 6 (minute 221) as advisors to North West Middlesex Guides and remained in the room during discussion on the item.

Councillor David Simmonds declared a personal interest in Item 20 (minute 235) as an Associate Non-Executive Director (non-voting) on the Primary Care Trust and remained in the room during discussion on the item.

Councillor George Cooper declared a personal interest in Item 7 (minute 222) as a trustee of both Groundwork Thames Valley Trust Ltd and the Citizen’s Advice Bureau and remained in the room during discussion on the item.

Councillor George Cooper declared a personal interest in Item 19 (minute 234) as a trustee of Groundwork Thames Valley Trust Ltd and remained in the room during discussion on the item

In agreeing the minutes of the Cabinet meeting held on 18 November 2010 as a correct record, Cabinet noted that Councillors Phoday Jarjussey and Councillor John Major had previously objected to minute no. 196 decision no. 2 (vi) before it was put forward as a recommendation to Cabinet.

This was confirmed.

RESOLVED:

That Cabinet:

1. Note the current forecast budget position for revenue and capital as at Month 7.
2. Note the treasury update at Appendix B.
3. Approve the allocation of £65k from priority growth to PECS to fund extended opening hours for Libraries following their refurbishment
4. Approves the virement of £284k from the Primary School Expansions capital budget to the Pinkwell New Classrooms capital project.
5. Approves the write-off of £68,664.11 due to the previous operator of Stockley Park Golf Course (UKGolf) going into administration.
6. Approves the virement of £202k from the Environmental Assets capital budget to the Ruislip Lido Toilets capital budget;
7. Agrees the release of £16,800 from contingency funds to deal with the effects of the adverse winter weather and delegates authority to the Director of Planning, Environment and Community Services [in full consultation with the Leader of the Council] to release further contingency funds and incur expenditure for such purposes as required;
8. Agrees that in the event of an emergency, where Cabinet is not scheduled to meet and/or any delay would affect council service provision, to delegate authority to the Chief Executive [in full consultation with the Leader of the Council]  to release contingency funds and incur expenditure as required.

Reasons for decision

Cabinet noted the latest budget position for the current financial year. It formally approved virements, the write-off of bad debts and also put in place arrangements for urgent decision-making, particularly to ensure the Council was well placed to deal with any adverse winter weather.

Alternative options considered and rejected

None

Officers to action;

Paul Whaymand / Christopher Neale, Finance and Business Services

RESOLVED:

That Cabinet:

1. Approve the draft revenue budget and capital programme proposals for 2011/12 and beyond as the basis for consultation with Policy Overview Committees and other stakeholders.

2. Request the comments of individual Policy Overview Committees on the draft budget proposals relating to their areas of responsibility, to be collated into a single report back to Cabinet from the Corporate Services and Partnerships Policy Overview Committee.

3. Approve the proposed fees and charges included at Appendix 8 as the basis for consultation with Policy Overview Committees and other stakeholders.

4. Authorise the Corporate Director of Finance and Resources in consultation with the Leader of the Council to respond on behalf of the Council to the consultation on the provisional local government finance settlement and to the Mayor of London’s budget consultation.

5. Agree the adoption of the new ‘pay as you throw’ West London Waste Authority (WLWA) levy mechanism for use from 1 April 2011 onwards.

6. Agrees the LATS (Landfill Allowance Trading Scheme) Trading Policy 2010-2015 as agreed by WLWA on 21 July 2010.

Reasons for decision

Cabinet put forward for consultation its budget proposals. This included the Council’s Medium Term Financial Forecast (MTFF), the draft General Fund revenue budget for 2011/12, along with indicative projections for the following three years, fees and charges proposals and the draft capital programme for 2011/12 and beyond.

Given the national financial position, Cabinet was fully aware that Hillingdon was not alone or immune to budget cuts and that there were real challenges ahead in delivering a balanced budget for 2011/12 given a reduction in Government grant by an estimated £10.8m, coupled with the need to find significant savings of around £22m, more than double the £10.3m that had been required in 2010/11.

Despite the significant level of savings sought by the Cabinet, it also welcomed the budget proposals which had been carefully developed to put residents’ priority services first. Cabinet was pleased that residents would again benefit from a zero increase in Council Tax for 2011/12, whilst key services like libraries would be maintained and improved. Fees and charges would continue to be affordable for residents and the Council’s comprehensive building programme would continue at pace, in particular with  the refurbishment of Highgrove Pool and the development of Yiewsley Pool site which would include a new heath centre. In doing so, Cabinet’s budget proposals sought to maintain healthy balances and reserves over the medium term to provide a cushion for the continuation of key services in future years.

Cabinet recommended the budget for consultation, in particular to the Policy Overview Committees and made decisions in respect of the West London Waste Authority Levy and the Landfill Allowance Trading Scheme.

Alternative options considered and rejected

The Cabinet could have chosen to vary the proposals in its budget before consultation. However, to comply with the Budget and Policy Framework, the Cabinet did need to publish a draft budget for consultation at the meeting. 

Officers to action:

Paul Whaymand and Christopher Neale, Finance and Business Services

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 the Cabinet:

1. Agrees the allocation of grants to Voluntary Sector groups totalling £1,412,788 for the 2011/12 financial year as set out in the schedule attached to this report in   Appendix A.

2. That the funding previously committed to Hillingdon Arts Association £27,730 is transferred to the Arts Development Service.

3. Following endorsement by the London Councils Leaders’ Committee, approves the Council’s 2011/12 contribution of £448,300 to the London Boroughs Grants scheme.

Reasons for decision

In drawing up its Voluntary Sector Grant proposals for 2011/12, Cabinet thanked and acknowledged the important role of the voluntary sector particularly as a service provider. Cabinet noted that the Council had committed significant levels of funding to voluntary sector organisations over the years. However, given the national financial position, Cabinet noted that Hillingdon was not alone or immune to budget cuts and that the voluntary sector, along with other service areas, would need to share some of the pain.

Despite the proposals, Cabinet noted that Hillingdon’s voluntary sector would still receive significant funding of over £1.4m during the year, in contrast to some other local authorities who were proposing to cut budgets next year entirely or deeper than Hillingdon had proposed.

Cabinet also approved a significantly reduced contribution to the London Councils Grant Scheme which better reflected the amount of pan-London voluntary services received by Hillingdon residents.

Alternative options considered and rejected

Cabinet could have made changes to the proposed level of grants.

Officers to action:

Nigel Cramb, Sarah Johnstone & Inga Spencer - Deputy Chief Executive’s Office

RESOLVED:

That Cabinet:-

1.            approves the revisions to the Local Implementation Plan 2011/12 funding bid for submission to Transport for London as set out in paragraphs 4 – 7 below and as incorporated in Table 3.3 of Hillingdon’s Draft Local Implementation Plan for 2011 – 2014.

2.            approves Hillingdon’s Draft Second Local Implementation Plan for 2011 – 2014 for submission to Transport for London by 20th December 2010.

3.            instructs officers to carry out a minimum six-week targeted consultation on Hillingdon’s Draft Local Implementation Plan for 2011 – 2014 in compliance with statutory procedures and the Council’s consultation guidelines and for officers to report back to a future meeting of Cabinet the outcome of the consultation and recommendations for changes to the Draft Local Implementation Plan, prior to its formal submission to Transport for London.

4.            grants delegated authority to the Director of Planning, Environment  and Community Services to agree, in conjunction with the Cabinet Member for Planning, Transportation and Recycling to make any minor editing and textual changes to Hillingdon’s Draft Local Implementation Plan for 2011 – 2014 before it is formally published.

5.            delegates authority to the Cabinet Member for Planning, Transportation and Recycling to sign up to the Transport for London “Plugged-In-Places” and Pan London Electric Vehicles Network Partnership agreements to support the electric vehicles schemes set out in the Local Implementation Plan.

Reasons for decision

Cabinet agreed to submit to Transport for London its bid and strategic approach to transport improvements over the next few years and it also agreed the document for wider consultation. Cabinet also put in place the necessary delegation to enable the Council to qualify for Government and TfL support for developing the Borough’s electric vehicle charging infrastructure.

Alternative options considered and rejected

Cabinet could have altered the proposals in its bid or not submitted its Draft Local Implementation Plan to TfL, which would have put at risk significant external funding for transport improvements.

Officers to action:

Jales Tippell, Planning, Environment and Community Services

RESOLVED:

That Cabinet agree the revised Statement of Licensing Policy as set out in Appendix 1 to be implemented Jan 2011 – Jan 2014 and recommend to full Council for adoption.

Reasons for decision

Cabinet noted that the Licensing Act 2003 required the Council, as the Licensing Authority, to review its Statement of Licensing Policy every 3 years. The review had been comprehensively undertaken and Cabinet therefore approved its recommendation to full Council for adoption.

Alternative options considered and rejected

None.

Officer to action:

Sharon Garner, Planning, Environment & Community Services

RESOLVED:

That Cabinet agree the officer response attached as Appendix 1 to the DCLG (Department of Communities and Local Government) regarding the proposed consultation on ‘planning for schools development’. 

Reasons for decision

Cabinet noted that the consultation response had already been submitted, with the approval of relevant Cabinet Members, due to the external deadline. Whilst Cabinet noted the Government’s intention to free up the planning system for schools, in the response the Cabinet had highlighted some of the possible unforeseen consequences of the proposals in an effort to try influence the final decision by the Government.

Alternative options considered and rejected

Cabinet could have declined to comment on the consultation.

Officer to action:

James Rodger, Planning, Environment and Community Services

RESOLVED:

That Cabinet approve:

1. The introduction of controls and regulations concerning the distribution of free printed matter in designated areas of the borough. These areas would cover Uxbridge town centre (including Uxbridge College and RAF Uxbridge site), Brunel University and Hayes town centre. (as detailed in Appendix 1).

2. The delegation to the Corporate Director of Planning, Environment & Community Services the authority to exercise powers under section 94B, schedule 3A of the Environmental Protection Act 1990 to determine applications regarding the distribution of free printed matter on any land designated by the authority under this Schedule.

3. The introduction of a charge for consent to distribute free printed matter, at a rate of £26.30 plus VAT per application.

4. A review of the terms of the voluntary Site Management Agreement for face to face fundraising with the Public Fundraising Regulatory Association (PFRA) to be completed within three months and as detailed in the body of the report.

Reason for decision

Cabinet formally agreed proposals, which had been out to consultation, to control the distribution of free printed matter on land designated by the Council in an effort to combat litter and improve the urban environment.

Cabinet also agreed an approach to seek to manage ‘Chuggers’ or Face-to-face charity fundraisers more effectively.

Alternative options considered and rejected

Cabinet could have decided not to agree proposals to regulate the street and urban environment.

Officers to action:

David Frost, Bill Hickson, Andy Stubbs, Various Departments

RESOLVED:

That Cabinet:-

1.            approves the extension of the Eastcote Village Conservation Area as shown on the map in Appendix 1;

2.            instructs officers to notify affected residents of the new designation and carry out the associated publicity within the extended area; and

3.            agrees the leaflet (circulated separately) be distributed to residents and other interested parties within the conservation area.

Reasons for decision

Following the consultation period during October and November 2010 and the results thereof, Cabinet agreed the proposed extension of the Eastcote Village Conservation Area.

Alternative options considered and rejected

Cabinet could have not agreed the proposed extension of the area, or agreed a partial designation which could have left areas identified as being of heritage significance unrecognised and unprotected.

Officers to action:

Nairita Chakraborty/ Sarah Harper

Planning, Environment and Community Services

RESOLVED:

The Cabinet:

1. Agree that the London Borough of Hillingdon and Ealing Council enter into a 15 year agreement whereby the London Borough of Hillingdon provides a statutory Coroner’s Mortuary Service to Ealing Council in return for financial recompense.

2. Agree that the Director of Finance and Business Services is authorised to take all necessary steps to execute the Agreement under the seal of the Council.

Reasons for decision

Cabinet noted that since 2005 the Council had provided public mortuary services to carry out post mortems on behalf of HM Coroner in partnership with the London Borough of Ealing. Cabinet agreed a more permanent service arrangement which ensured that the cost of running this statutory service was shared between both Councils and provided cost efficiencies as a result.

Alternative options considered and rejected

Cabinet could have decided not to proceed with a long-term partnership arrangement with Ealing Council and operated the service on a stand alone basis which would have resulted in a budget pressure of £164k.

Officer to action:

John Purcell, Finance and Business Services

RESOLVED:

That Cabinet accepts the offer of a gift from Inland Homes in accordance with the provisions of Section 93 of the Local Government Act 2003 and Section 139 of the Local Government Act 1972.

Reasons for decision

Cabinet agreed to accept the small gift from Inland Homes to cover the costs of providing necessary planning advice following the grant of outline planning permission for a residential led redevelopment at the former National Air Traffic Services (NATS) site.

Alternative options considered and rejected

Cabinet could have refused the gift from Inland Homes which would have resulted in additional costs to the taxpayer and would not have been in the best interests of the local communities or the Council.

Officer to action:

Jales Tippell, Planning, Environment and Community Services

RESOLVED:

That the Cabinet:

1. Agree to amend the Special Treatment Regulations Licence Standard Conditions prescribed under Section 10 of the Regulations to include Lasers;
2. Agree that the Council should introduce a fee of £750 for a licence for up to 18 months and;
3. Agree to ancilliary amendments to Special Treatment Regulations Licence Conditions as set out in the Appendix.
4. Note that the Council’s Constitution delegates authority for such functions to the Director of Planning, Environment and Community Services.

Reasons for decision

Cabinet set a fee and agreed to amend the standard conditions prescribed under Section (10) of the Regulations made under Part II of The London Local Authorities Act 1991 to encompass the non surgical use of lasers and intense light systems within the regulatory framework of special treatment licensing.

Alternative options considered and rejected

Cabinet could have decided that local businesses should operate outside standard conditions which could have resulted in more unsafe practices on consumers.

Officer to action:

Oliver Darius, Planning, Environment and Community Services

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

This item was withdrawn from the Cabinet agenda.

RESOLVED:

That the Cabinet authorises the appointment of a multi-disciplinary team of consultants to deliver Quantity Surveying, Contract Administration, Mechanical & Electrical Design, Structural Design and Site Surveying services to progress the development of the Hayes End Library Site. 

The total cost of the consultancy team is £156,840 and the breakdown of these fees are:-

Reason for decision

Cabinet agreed the appointment of professional consultants in accordance with procurement rules to carry out the necessary works required to progress the Hayes End Library Site development.

Alternative options considered and rejected

Cabinet could have decided not to appoint consultants which would have resulted in this important community project being delayed.

Officer to action;

Chris Mafico, Planning, Environment and 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.

RESOLVED:

That Cabinet agree:

1. To award the following contractors onto a Framework Agreement for the Supply of Countryside and Agricultural Services.

2. That the authority to place works under the Framework for less than the £10,000 is delegated to the Green Spaces, Sports & Leisure Senior Manager who will ensure compliance with departmental policies. Any works above £10,000 but less than the £50,000 is delegated to the Director of PE&CS. All contracts exceeding £50,000 will require the necessary Cabinet Member or Cabinet approval in accordance with the Constitution.

Reason for decision

Cabinet noted the Council’s ongoing requirements for Countryside and Agricultural services such as hay cutting, forage harvesting, management of vacant allotment sites and the maintenance of the countryside rights of way.

Cabinet therefore agreed a new framework agreement with the most economically advantageous contractors for the provision of these services, which would ensure that such works would be more efficiently delivered, in many cases without running tenders for each and every requirement. Cabinet indicated its confidence in the tender and procurement process that had been undertaken.

Alternative options considered and rejected

Cabinet could have decided to award such a contract to a single supplier but this was discounted on financial and service benefits.

Officer to action:

Paul Richards, Planning, Environment and 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.

RESOLVED:

That Cabinet:

1. Agrees the Heads of Terms attached as Appendix A and summarised in the report.

2. Agrees that the scheme can proceed to the next stage, which is to finalise the external elevations and submit a planning application.

3. Delegates authority to appoint consultants, as required to progress the scheme to planning application stage, to the Leader of the Council and the Cabinet Member for Finance, Property and Business Services in conjunction with the Director of Planning, Environment and Community Services.

4. Withdraws the exempt nature of relevant parts of the report solely for the Council to use to provide public information about this matter and related purposes.

Reason for decision

Cabinet noted that the Council’s Yiewsley Swimming Pool had closed following the opening of new state of the art facilities at Hillingdon Sports and Leisure Complex and Botwell Leisure Centre.

Cabinet welcomed this unique opportunity to use the vacant site, following detailed negotiations with the Hillingdon Primary Care Trust, to build a much needed new Health Centre for the south of the Borough. In pursing this joint venture with the PCT, Cabinet agreed the terms of the proposed lease and the necessary agreements, designs and costs associated with proceeding to the planning application stage.

Alternative options considered and rejected

Cabinet could have considered a residential scheme on the vacant site, but decided that this would not provide the necessary facilities for local residents.

Officer to action:

Derek Barnden  - Planning, Environment and 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.

RESOLVED:

That Cabinet:

1. Agree to delegate authority to the Leader of The Council and The Cabinet Member for Finance, Property and Business Services in conjunction with the Director of Planning, Environment & Community Services to:

2. Award the construction contract to the contractor submitting the most economically advantageous tender, on completion of tender evaluation and further negotiations with tenderers, and following confirmation of future asset ownership and operating responsibilities following Refuse Disposal Act legislation changes.

3. And that Cabinet:

4. And that Cabinet note that further clarification will be sought from Defra and West London Waste Authority on the future operation of Civic Amenity sites, and the possible terms of transfer, prior to making a final commitment to Capital expenditure on the civic amenity site aspect of the scheme. 

Reason for decision

Cabinet endorsed the provision of an efficient, modern and accessible recycling facility for residents and users, which would contribute to the Borough’s target to achieve 50% recycling by 2015.

Cabinet noted the latest tender position for the construction of a new Civic Amenity site and delegated the necessary authority to accept a tender for the site redevelopment at New Year’s Green Lane. Cabinet also noted that further clarification from the Government and West London Waste Authority would be sought regarding the site’s future operation.

Alternatives considered and rejected

Cabinet noted that the existing Civic Amenity site was at end of its useful life and therefore the only viable option was to proceed with the site’s redevelopment.

Officer to action:

Derek Barnden - Planning, Environment and 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.

The meeting closed at 8:07pm

IMPORTANT INFORMATION

DECISION AUTHORITY

The Cabinet’s decisions were not called-in by the Executive Scrutiny Committee and therefore come into effect from 5pm Friday 24^th December 2010 after the call-in period expires.

Changes to proposed decisions:

Officers should note that the Cabinet amended recommendations and thereby agreed revised decisions on the following items:

Item 5 (minute 220), Item 7 (minute 222), Item 20 (minute 206) and Item 20 (minute 235).