Agenda and minutes

Please note that this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method. Although we ask members of the public recording, filming or reporting on the meeting not to include the public seating areas, members of the public attending the meeting should be aware that we cannot guarantee that they will not be filmed or recorded by others attending the meeting. Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on. 

By entering the meeting room and using the public seating area, you are consenting to being filmed and to the possible use of those images and sound recordings.

The chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual or may lead to the breach of a legal obligation by the Council.

The Leader referred to Agenda Item 1 as shown on the agenda in respect of filming at this meeting, and Members noted this information .

Apologies for absence were received from Councillor McNamara.

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear. New items of Urgent Business will be dealt with under Item 17 below. New items of exempt business will be dealt with at Item 20 below).

There were no items of urgent business received.

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct.

Cllr Waters declared a personal interest  in report item 10, Fees and  Charges 2016/17,  by virtue of being an allotment holder.

On occasions part of the Cabinet meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains exempt items  as set out at Item [18 ] : Exclusion of the Press and Public.  No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet meeting will be partly held in private for the reasons set out in this Agenda.

No representations were received.

To confirm and sign the minutes of the meeting held on 19 January 2016 as a correct record.

Cllr Engert commented that she had not received a response to the previous action under Item 171 in relation to the air quality apprentice. The Director of Regeneration, Planning and Development agreed to chase a response.

The minutes of the meeting held on 19^th January 2016 were agreed as a correct record of the meeting.

None

None.

There were no deputations, questions or petitions put forward to the meeting.

[To be introduced by the Cabinet Member for Resources and Culture. Report of the Chief Operating Officer.] This report sets out the latest position in respect of the Council’s finances with the aim of finalising the budget proposals from Cabinet for the 2016/17 year for consideration and approval by the Council on 22^nd February 2016. The report covers proposals in respect of the General Fund revenue account, the Housing Revenue Account (HRA), The Dedicated Schools Budget (DSB) and the Capital Programmes for both the General Fund and the HRA.

The Cabinet Member for Resources and Culture introduced the report which set out the latest position in respect of the Council’s Finances with the aim of finalising the budget proposals from Cabinet for the year 2016/17 or consideration and approval by the Council on the 22^nd February 2016.  The budget report had not changed significantly from the last iteration considered at Cabinet on the 19^th January. Following the final finance settlement being received by the Council this week, the budget estimations were unchanged. The Cabinet Member for Resources and Culture highlighted the public consultation results for adding a 2% precept to Council Tax to specifically fund Adult Social Care. The results reflected strong support for this decision and the Cabinet report recommended to Full Council approval of this 2% precept. There were 27% of responders asking for this additional funding to be directed to Day Care Centres. In response to this, the Council recognised the value of the Centres, but as set out in the report, the social care precept did not change the budget pressures in Adult’s Service and therefore the report was proposing that the income from the precept would be directed to support care packages for young people with complex needs, Learning Difficulties and older people.

The Cabinet Member for Resources and Culture drew Cabinet’s attention to the increased tax base and the intention to place this additional funding into a risk reserve. This was also done last year and had helped offset overspend in Adult and Children’s Services.

Councillor Wright, Chair of Overview and Scrutiny Committee was invited the by the Leader to address the meeting and highlight the Scrutiny budget recommendations that were contained at Appendix 6 of the Cabinet report.

Councillor Wright welcomed the proposed acceptance of the Scrutiny recommendations.  He reported that Overview and Scrutiny had noted that the 3 year budget assumptions were holding up and this was a tribute to officer’s good work.

Councillor Wright referred to the Overview and Scrutiny discussion on Day-Care Centres contained at page 32 and the difficulties with the pressures in the Adults budget. He recognised the huge pressures going forward on Adult’s budget.

Overview and Scrutiny recommended maintaining a high level  risk register to monitor the budget situation in Adults Services, keeping adequate levels of reserves and welcomed the £1.7m additional funding for Adult care shown in this report. The Chair of Overview and Scrutiny felt it would be important, in the next budget year, to keep a close eye on all the savings targets and make sure that they were proceeding according to plan. The Scrutiny Panels would also keep this under review, over the coming year, through the budget monitoring reports.

Overview and Scrutiny also agreed it was important for the Council to maximise income from all sources.

In response to Councillor Engert’s question on a revised Capital Strategy coming forward to Cabinet, it was noted that a 10 year Capital Strategy would come forward to Cabinet in June 2016 and  ...  view the full minutes text for item 193.

[To be introduced by the Cabinet Member for Resources and Culture. Report of the Chief Operating Officer.] This report considers the relevant factors affecting the review of fees and charges, identifies those services where an increase is being proposed and seeks: Approval to increase the fee or charge rate to those services where an increase is proposed in line with inflation (subject to de minimis levels). Member’s agreement is sought where an alternative approach is being proposed.

The Cabinet Member for Resources and Culture introduced this yearly report which identifies any proposed increase to fees and charges. The appendices detailed the increases being taken forward.

The Cabinet Member for Resources and Culture also drew Cabinet’s attention to the proposed Spurs Day Resident Permit charge of £20.00, included at Appendix 2, page 96 of the report pack, and proposed its withdrawal from the report. This increase was put forward as part of the MTFS last year but following a further analysis by officers this year; there was an overestimation in the income to be received from this charge and it was not now an appropriate charge to take forward.

Councillor Engert referred to appendix 10a which set out the fees and charges increases to parks and leisure based activities and questioned how these increases would support the Council’s aim for reducing obesity. 

In response, the Cabinet Member for Resources and Culture referred to paragraph 8.3.6 of the report relating to swimming charges, which gave details of  the new higher quality swimming services being provided, the increase in teacher numbers and the  increased number users of these facilities. He also referred to the refurbished facilities at Tottenham Green and Park Road Pools. This higher cost would require support with increased fees. The Council had to balance the increased use of services whilst recognising the strain on council budget when setting fees and the approach taken was appropriate.

RESOLVED

1.    Taking into account the findings of equalities assessments as set out in section 8 of the report and available in full at Appendix A, to agree the proposed fees and charges to be levied by the Council with effect from 1 April 2016, unless otherwise stated, and as detailed in the appendices;

2.    To delegate approval for any necessary changes to allotment charges to the Cabinet Member for Environment following the Priority 3 review, as detailed in paragraph 8.33 of the report

3.    To note that it is anticipated that the proposed changes to fees and charges will allow the achievement of 2016-17 income budget, as opposed to delivering further additional income as in previous years.

4.    To delete the Spurs Day Resident Permit charge of £20. 00, included at Appendix 2, page 96 of the report pack.

Reasons for Decision

There was a requirement to review fees and charges annually. The financial position of the Council supported the view that levels of fees and charges should be maximised taking into account all relevant factors including the effect on service users and any consequent demand for services.

Alternative options considered

This report summarised the conclusions after consideration of a range of alternative approaches dependent on particular services and relevant factors. As such a range of alternative options ranging from no increase to differentiated rates of increases have been considered and reflected in this report.

[To be introduced by the Cabinet Member for Children and Families. Report of the  Interim Assistant Director for Schools and learning.]This report   seeks agreement for:

 1) The proposed admission arrangements for entry to school in the academic year 2017/18 for Haringey’s community and voluntary controlled (VC), nursery, infant, junior, primary, secondary and sixth form settings.

 2)The proposed admissions arrangements for in-year applications to community schools in Haringey 2017/18. In-year applications are applications which are received at any point throughout the year other than for reception or secondary school transfer.

3)Haringey’s In-Year Fair Access Protocol (IYFAP) which all schools and academies must follow.

4)The co-ordinated scheme for admission to school in 2017/18 for the reception and secondary transfer admissions rounds.

The Cabinet Member for Children and Families introduced the report which set out the proposed admission arrangements for the school year 2017/18 in respect of the borough’s community and voluntary controlled schools. These arrangements are consulted upon annually. The most recent consultation included a proposal to restrict the sibling priority for primary schools to those children living within 0.5 miles of the school if the family were to move home between admission of the first child to the school and any subsequent children. This proposal had been included to allay concerns from residents that families were moving away from the local area but that younger siblings were still attending those schools and thereby preventing local children going to their local school.

Following the statutory consultation, which was carried out between 13 November 2015 and 31 December 2015, nearly 240 responses were received on the sibling priority proposal and the Cabinet Member advised that the responses were approximately 56% in favour and 44% against. The Cabinet Member further advised that an Equalities Impact Assessment (EQIA) was undertaken following the consultation and that the EQIA showed that there would be a disproportionate impact on certain protected characteristics and would effect people who would be moving for reasons other than out of choice. Attempts to maintain the proposal whilst managing the impact had proven unsuccessful due to the complications and the computerised nature of the application process for primary schools.

The Cabinet Member advised that, in addition, the demand for primary schools had levelled out this year and that there was still reception places available for N10 and N8 postcodes; hence the need to protect primary school places for people living locally had decreased. As a result, the report recommended that the Council would not proceed with amending the sibling priority criterion.

The Cabinet Member outlined that the Council were aware that there were a number of claims of people moving to the area and getting their first child into the school and then moving away from the area whilst their younger children continue to attend that school. The Council would also be taking other steps to ensure that siblings did not gain an unfair priority and there would be an anonymous whistle blowing provision on the Council’s website to investigate claims. The Cabinet Member stated that the Council would follow up on claims made through the whistle blowing website page and would take action.

The Leader stated that EQIA’s were conducted precisely to understand the unintended consequences of a decision and that this felt like the right decision to be taking in circumstances where a significant number of people could potentially be disadvantaged.

RESOLVED

1.    To agree the recommendation set out in this report not to proceed with a change to the sibling criterion for the borough’s primary community and VC schools;

2.    To determine the Council’s admission arrangements for the academic year 2017/18 as set out in Appendices 1- 6 of the report.  These appendices include a retention of  the existing  ...  view the full minutes text for item 195.

[To be introduced by the Cabinet Member for Communities. Report of the Assistant Director for Environment and Community Safety.] The Council and other agencies have previously used a variety of legislative measures, to discourage groups of men from gathering and seeking illegal and unregulated work outside Wickes Store, N15, creating severe anti-social behaviour issues in the area. Cabinet will consider the use of a Public Spaces Protection Order under the Anti-social Behaviour, Crime and Policing Act 2014 to further mitigate against this Anti social behaviour.

The Cabinet Member for Communities introduced the report which sought approval for a consultation on a Public Space Protection Order to tackle anti -social behaviour that was being perpetrated in the vicinity of; and resulting from, groups of men gathering and seeking illegal and unregulated work outside Wickes in Seven Sisters Road N15.

The Cabinet Member commented that this issue had been a problem for a number of years and that a variety of agencies had targeted resources and used a variety of measures to disperse and discourage these groups. This would be the first instance of the Council seeking to use a Public Spaces Protection Order, to prevent anti-social behaviour from taking place in public Spaces.

The Leader welcomed the report and also welcomed the different approach 

being taken to resolve what had been a longstanding issue for local residents.

RESOLVED

That Cabinet, approves for consultation the draft Public Spaces Protection

Order (PSPO) as contained in Appendix 2 of the report. The consultation will

commence in accordance with section 72 of the Antisocial Behaviour, Crime

and Policing Act 2014, with consultation to run for a period of eight weeks.

Reasons for decision

The Council and its partners have undertaken various measures and activities

to tackle the Anti Social Behaviour (ASB) issues that blight residents' lives.

These issues are all associated with the men who gather at Wickes. Due to the

limited success of various measures and activities undertaken, it is considered

by officers, that an effective deterrent will be the use of the new tools and

powers available under the Antisocial Behaviour, Crime and Policing Act 2014.

The legislation allows for the use of penalties such as Fixed Penalty Notices

and prosecution. It is proposed that, in order to support the legislation,

targeted and sustained enforcement will be used from partners including:

Haringey police, Police Partnership Team officers, immigration, British

Transport police, Tactical Enforcement, Neighbourhood Action Team officers

and ASBAT.  It must be noted that there will be a financial cost should the

authority wish to gate off an area blighted by ASB, and should the authority

prosecute any of the perpetrators. 

Alternative options considered

Not to pursue any PSPO.  Given community feedback over many years, and the

ASB being caused, this option is not considered appropriate.

[To be introduced by the Cabinet Member for Housing and Regeneration. Report of the Tottenham Director.] Cabinet to consider details of the Council's approach to delivering a district centre at Tottenham Hale.

The Cabinet Member for Housing and Regeneration introduced the report which set out a number of proposals in relation to the regeneration of Tottenham Hale. Cabinet noted that the District Centre Framework (DCF) was a masterplan demonstrating how the Council would fulfil its ambitions to deliver 5000 new homes and 4000 new jobs. The District Centre Framework also showed how Tottenham Hale would be transformed into a town centre with a range of new commercial, retail, leisure and entertainment uses.

The Cabinet Member advised that a whole range of consultations, both formally and through informal workshops had been undertaken with local residents to ensure that the reports presented to Cabinet reflected the views of the local community. The Cabinet Member further advised that the aim was to deliver a holistic programme of regeneration to the area and to that effect, there were a number of sub-strategies that sat under the District Centre Framework; such as a Meanwhile Plan, a Green Spaces Strategy and a Test Project approach to ensure that innovative projects and new initiatives were brought to the area.

The Cabinet Member thanked officers for their continuing hard work to bring this significant report forward following work with residents over the last two years. 

In response to Cllr Engert’s question as to why it was proposed to delegate authority to approve the final versions of a number of key documents to officers, and not the Cabinet Member, it was noted the decisions would be taken with the Cabinet Member’s knowledge and information. A pragmatic approach was being taken to delegate final amendments to officers following Cabinet approval. 

In response to Cllr Engert’s question a how the local communities concerns about issues such as a lack of GP’s and community infrastructure would be addressed as developments came forward, the report set out that the District Centre Framework was clearly linked to the Area Action Plan and the key principles of the DCF were embedded within the Area Action Plan for the area. These principles were backed up with hard Planning policy.

RESOLVED

1.    To adopt the Tottenham Hale District Centre Framework as the council’s delivery framework for Tottenham Hale for the reasons set out in paragraphs 4.3 – 4.9 of the report, and which can also be found in full in appendix 3 of the report.

2.    To note the draft delivery strategies listed below and grant delegated authority to the Tottenham Programme Director, in consultation with the Assistant Director for Environmental Services and Community Safety and Assistant Director of Planning, to approve the final version as the council’s delivery strategy for Streets and Spaces and Green and Open Spaces:

              i.        Tottenham Hale Streets and Spaces Strategy for the reasons set out in paragraphs 4.10-4.15 of the report and which can also be found in full in appendix 5 hereto.

             ii.        Tottenham Hale Green and Open Spaces Strategy for the reasons set out in paragraphs 4.16 and 4.19 of the report and which can be found in full in appendix  ...  view the full minutes text for item 197.

[To be introduced by the Cabinet Member for Housing and Regeneration. Report of the Director  of Planning, Regeneration and Development.] Cabinet to agree the appropriation of  land at the Olympia Trading Estate for planning purposes.

The Cabinet Member for Housing and Regeneration introduced the report which detailed the issues behind the Council seeking to appropriate the Olympia Trading Estate on behalf of the developer. This would enable the developer to benefit from the protection afforded by Section 237 of the Town and Country Planning Act 1990 (as amended) which would have the effect of converting the rights of the property owner (including rights to light) to compensation, but prevented a property owner injucting a development scheme. The Council sought to use these powers in support of the wider regeneration of the area.

In response to Cllr Engert’s question on why it was not clear which powers the Council had used to acquire the land and whether the council’s action could therefore be subject to legal challenge, The Director of Regeneration, Planning and Development advised that the report recognised that the land was already held for planning purposes but officers were unable to ensure that the correct provisions were used previously. Part of the reason that the report was brought to Cabinet was to refresh the appropriation under the correct legislation to ensure that the land was appropriated in the correct way.

RESOLVED

1. To appropriate the Olympia Trading Estate (outlined red in the plan attached as Appendix A of the report) for planning purposes pursuant to section 232 of the Town and Country Planning Act 1990 ("the Act"). This is on the basis that the appropriation (and subsequent disposal) will facilitate the carrying out of development/redevelopment or improvement on or in relation to the land and that the development/redevelopment or improvement will promote or improve the economic, social or environmental well being of the area.

2. That the resolution under 3.1(i) and the disposal of the Olympia Trading Estate under Section 233 of the Act are intended to attract the application not only of Section 237but also of any replacement whether Clause 137 of the Housing and Planning Bill (as enacted) or otherwise. This is to override any easements or rights which could adversely impact on the proposed development and/or redevelopment of the Olympia Trading Estate and the subsequent beneficial use.

Reasons for decision

The Council wishes to support and facilitate the delivery of a new Housing scheme at Clarendon Road as it will bring significant public benefits, act as a catalyst for wider regenerative change and will deliver the objectives for the Wood Green Area Action plan and Investment Framework.

If the Council were to not agree these recommendations, the proposed development scheme will be at risk of injunction and will be delayed and put at risk.

Alternative options considered

The alternative option to consider would be not to appropriate the site at the Olympia Trading Estate for planning purposes. This would put the site at risk of being injuncted and therefore put the development at risk and delay the building of the scheme.

[To be introduced by the Cabinet Member for  Resources and Culture . Report of the Assistant Director for Corporate Governance. Cabinet will be asked to approve the extension of the existing contract for the provision of internal audit services.

The Cabinet Member for Resources and Culture introduced the report which

sought approval for an extension of the Council’s contract with the London

Borough of Croydon, through their Audit Services Framework Agreement, to

provide the internal Audit service for the Council for an estimated value of

£510k.

RESOLVED

1. That approval be granted for an extension from 1 April 2016 to 31 March 2018 of the Council’s existing contract with the London Borough of Croydon to provide, by means of their Audit Services Framework Agreement, audit resources to deliver the Internal Audit service for the Council for an estimated value of £510k.

Reasons for decision

A one year contract extension from 1 April 2015 to 31 March 2016 was approved under delegated authority in December 2014; a one year extension was agreed in order to assess the continuing effectiveness of the contract. New management arrangements have been put in place by Mazars to deliver the service and the contract has satisfied the statutory and performance criteria required; therefore it is recommended that the option to extend for the remaining 2 year period available under the Croydon framework contract is taken up.

An extension of the contract for 12 months was approved in December 2014 by the Assistant Director of Corporate Governance. However, given the value of the extension now proposed for the remaining two years of the framework, approval for the extension is required at Cabinet level in accordance with CSO 10.02.2.

The framework contract with Croydon Council represents good value for money for Haringey in terms of service provision and costs; and therefore the extension to the existing contract is recommended.

Alternative options considered

Option 1 – Full Open Tender

The potential contract values involved for this length of contract would require a full re-tender following European procurement legislation unless an acceptable alternative procurement route is used e.g. an appropriate framework agreement. Haringey alone undertaking a tendering procedure under EU rules is not recommended, as recent assessments of the current market confirmed that taking an independent procurement route in this way would be resource-intensive and unlikely to achieve better results in terms of value for money than the other options available.

Option 2 – Alternative Framework contract

There is another framework agreement established by a London authority in 2014/15 for the provision of internal audit services and other local authorities are included in the list of organisations eligible to use the framework. The framework is delivered by another private sector contractor, but the daily rates quoted are substantially higher than those currently paid by the Council under the London Borough of Croydon framework contract.

Option 3 – In-house Provision/Shared Service with another authority

Haringey Council has no in-house internal audit resources. The experience of other London councils has proved that it is highly unlikely that an in-house resource could be recruited and retained to deliver the Council’s internal audit service. All London boroughs have outsourced their internal audit service to some extent and none are looking to bring this service  ...  view the full minutes text for item 199.

To note delegated decisions taken by Directors during January 2016.

RESOLVED

To note the delegated decisions taken by Directors in January 2016.

To consider any items admitted at Item 3 above.

None.

Note from the Acting Democratic Services Manager

Item  19 and 20 allow for the consideration of exempt information in relation to Items, 15 and 3 respectively.

RESOLVED:

That the press and public be excluded from the remainder of the meeting as the items below contain exempt information, as defined under paragraph, 3, Part 1, schedule 12A of the Local Government Act 1972

RESOLVED

That the press and public be excluded from the remainder of the meeting as the items contained exempt information, as defined under Schedule 12, Paragraph 3 of the Local Government Act 1972.

As per item 15.

As per item CAB 199.

None