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Agenda and minutes

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Contact: Ayshe Simsek, Principal Committee Co-ordinator 

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Items
No. Item

26.

FILMING AT MEETINGS

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.

Additional documents:

Minutes:

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

27.

Apologies

To receive any apologies for absence.

Additional documents:

Minutes:

Apologies for absence were  received from Councillors: Vanier, Ahmet and Ejiofor.

28.

Urgent Business

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 14 below. New items of exempt business will be dealt with at Item 17 below).

Additional documents:

Minutes:

There were no items of urgent business put forward.

29.

Declarations of Interest

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.

Additional documents:

Minutes:

There were no declarations of interest put forward.

30.

Notice of Intention to Conduct Business in Private, any Representations Received and the Response to any such Representations

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 [15] : 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.

 

 

Additional documents:

Minutes:

There were no representations received.

31.

Minutes pdf icon PDF 325 KB

To confirm and sign the minutes of the meeting held on the 20th of June 2017 as a correct record.

Additional documents:

Minutes:

The minutes of the Cabinet meeting held on the 20th of June 2017 were agreed as a correct record of the meeting.

32.

Deputations/Petitions/Questions

To consider any requests received in accordance with Standing Orders.

Additional documents:

Minutes:

Deputation – Stop HDV Campaign and Haringey Defend Council Housing – Sue Hughes and Paul Burnham.

 

Sue Hughes presented the deputation and made reference to the 1500 page documents provided to the public, one week before the meeting, which she considered did not provide adequate time for people to read the information provided.  Ms Hughes contended that the information provided, made clear that Lendlease had their own housing policy, which sought to move away from affordable tenures, resulting in social cleansing for those who could not afford to pay.  Tenants had been promised the right to return, however the deputation felt the documents implied that tenants would be discouraged from doing so.

 

Ms Hughes referred to the large viability gaps, and requested that the Council should pause and reconsider partnering with a company. Ms Hughes also asked whether the Council had spoken with any companies in Australia to find out if Lendlease had carried out works using combustible cladding materials, which were not in accordance with Australian laws.

 

In response to questions from the Cabinet, the deputation party outlined the following:

-          The proposal was highly political, and they questioned the intentions of Lendlease for supporting social housing.

-           The current political climate should be seen as a time of hope, and the Council should rethink the proposals, and not go ahead with this partnership.

-          One of the major issues with the proposal was that no arrangements would be made for those tenants on waiting lists.  The Council stated that they would be in a 50/50 partnership, however in Ms Hughes’ opinion, Lendlease would take over and control development, resulting in no Council homes.

-          The Council had made offers and concessions that people could return to their homes, however, the deputation contended that Lendlease would not facilitate a return to homes and that the Council could only do this if they pay a subsidy.  The Council should reconsider a partnership with a company who the deputation felt would not carry out Council policies.

 

Councillor Strickland responded to points raised during the deputation and subsequent questions from the Cabinet.  In relation to the documents provided, he informed the meeting that whilst other Councils had set up joint ventures or similar agreements, they had not released the same amount of information. The Cabinet Member had given a clear public pledge to release as much information as possible. and he was keeping to this commitment to be transparent.

 

Councillor Strickland explained that the development vehicle partnership would be bound by Council policies, such as the Housing Strategy agreed by the Council, and the Estate Renewal Rehousing and Payment strategy agreed by Cabinet. He stressed that that no major decision would be made by the company without the consent of the Board, which the Council had equal membership of. The Council was currently consulting on a revised version of the Estate Renewal, Re - housing and Payments Policy, and this made clear that there would be a guaranteed right to return. Only  ...  view the full minutes text for item 32.

33.

Matters Referred to Cabinet by the Overview and Scrutiny Committee

Note from the Democratic and Scrutiny Services Manager

 

Cabinet to consider the Scrutiny Review of the HDV – Part 2,completed by the Housing and Regeneration Scrutiny Panel.

 

The Cabinet Member for Housing, Regeneration and Planning will provide the Cabinet response to the review recommendations.

 

Additional documents:

Minutes:

The Cabinet were asked to consider the Scrutiny Review of the HDV – Part 2, completed by the Housing and Regeneration Scrutiny Panel.

 

The Cabinet Member for Housing, Regeneration and Planning would provide the Cabinet response to the review recommendations.

 

34.

Scrutiny Review of the HDV[Haringey Development Vehicle] Part 2 pdf icon PDF 148 KB

The report sets out the proposed Cabinet response to the recommendations of the Overview and Scrutiny Committee on the Haringey Development Vehicle as proposed by Housing and Regeneration Scrutiny Panel.

 

Additional documents:

Minutes:

Councillor Ibrahim, Chair of the Housing and Regeneration Scrutiny Panel introduced the scrutiny review on the HDV, which followed on from the previous scrutiny review completed on the governance of the HDV and was presented to Cabinet at the February meeting. At this February meeting, there was an overarching concern about the Council taking forward the establishment of the HDV. Since then work had been undertaken to further refine and negotiate the HDV and the Panel had been undertaking further scrutiny of the proposed HDV. The Panel had gathered a wide range of evidence from: Universities, regeneration experts, Councillors from other boroughs, local residents, and local stakeholders; culminating in 30 recommendations for Cabinet to consider.

 

Councillor Ibrahim drew attention to recommendation 12 [page 54] which was not fully agreed, concerning the exclusivity clause. Since completion of the scrutiny review, the exclusivity percentage had now been published with the HDV papers and was calculated at 60%. Given the life span of the HDV was 20 years, Cllr Ibrahim was still concerned that this percentage may not represent best value for the Council in 10 to 15 years’ time. Although there would be best value assessments completed on a site by site basis, there was still concern that the Council’s financial position was not protected and it was not clear if there would be cost implications to withdrawing from this percentage agreement at a later date.

 

Councillor Ibrahim referred to the premise for taking forward the HDV, which was the business plan agreed by Cabinet in 2015, and whether this was now applicable given the political and financial changes over the last two years.

 

Councillor Ibrahim further sought clarification on the position for right of return and target rent application.

 

Councillor Ibrahim raised concerns about the magnitude of information contained in the appendices packs for consideration at item 10, establishment of the HDV, which had not been shared with the scrutiny panel in their review process.

 

There were further questions put forward from Councillors Engert, Brabazon, Tucker, and Carter and the following information was noted:

 

  • In relation to the commitment on right of return, the Leader responded to this, and highlighted the 20th of June Cabinet decision on the Estate Renewal Re- housing and Payments Policy which makes clear commitments to, tenants, leaseholders and freeholders on re - housing and also makes clear that this Council policy will apply to HDV schemes and Housing Association schemes which are promoted by the Council. Appendix 1a page 109 [paragraph 5.8.1] – supplementary pack, which is the summary of the legal documents, also explicitly set out the commitment to right of return in the Land Assembly Agreement where there is demolition of estates.

 

  • The Cabinet Member explained that the Overview and Scrutiny Committee continue to have a role in scrutinising the HDV. Staff from the HDV can be invited to attend the Committee meetings as other associated bodies working with Council do.

 

35.

Haringey Development Vehicle - Financial Close and Establishment pdf icon PDF 708 KB

[Report of the Director for Housing and Growth. To be introduced by the Cabinet Member for Housing, Regeneration and Planning.]

 

Approval of the legal documentation to establish the joint venture Haringey Development Vehicle, the Vehicle Board and its first set of business plans.

 

 

 

Additional documents:

Minutes:

Before the Cabinet Member introduced the report, the Leader advised the meeting, that the public appendices to this report were included at pages 97 to 1474 of the second pack of papers, for ease of reference.

 

The Leader asked the Cabinet, in particular, to note the equalities comments in the report at section 8.49-8.57 and the equalities impact assessments completed for the strategic business plans for Northumberland Park at appendix 3b, Wood Green at appendix 4b, Cranwood at appendix 5b. Also to note the equalities impact assessments for the Commercial Portfolio at appendix 6B and the social economic business plan at appendix 7b.

 

Councillor Strickland introduced the report and set out the overall aim in establishing the HDV [ Haringey Development Vehicle] which was to meet current and future demands in housing need, by building greater numbers and types of housing in the borough. In addition, tackling unemployment and child poverty, improving use of existing land for employment stock, and creating more local jobs. The HDV would further provide the right infrastructure to meet the regeneration needs and ambitions of the borough.

 

Councillor Strickland continued to provide the background which had led to consideration of a joint venture vehicle. This was following participation in the Future of Housing Review with a cross party group of Members and visiting other Councils which had various development arrangements in place. The cross party group had been concerned that other Councils were handing over land with little or no control on the outcome and not having any skills / expertise to access to regenerate areas.

 

The Cabinet Member underlined the importance of having a vehicle to facilitate estate and town centre regeneration of the borough with people at the centre of the decision making process. He continued to outline the benefits of the joint company model put forward which would mean setting up a 50/50 company with Haringey elected members retaining control over key decisions, and the company can only act within the priorities and plans set out in the company’s business plan.

 

Specific requirements and guarantees were sought from Lendlease before the HDV was proposed for establishment. The Cabinet Member was satisfied that the Council was being offered:

 

 

·         6400 new homes built with at least 40 % affordable

·         Guarantees on right of return.

·         More control of the development of sites to ensure that there is increased housing.

·         Access to skills and expertise to make the most of the land.

·         Taking forward estate regeneration and being at the centre of the decision making for the next 20 years.

 

There was also a landmark proposal, similar to the agreements reached on the Olympic Park on local jobs and employment standards including the Living Wage. The joint venture would ensure existing residents get better housing, improved community facilities, jobs, health centre access, community facilities, a library, new green space and youth programmes. This was beyond what has been previously secured by the borough through regeneration schemes.

 

Councillor Strickland emphasised that the recommendations had come forward after  ...  view the full minutes text for item 35.

36.

Community Building Review: Community Asset Transfer Policy pdf icon PDF 233 KB

[Report of the Assistant Director for Economic Growth . To be introduced by the Cabinet Member for Corporate Resources.]

 

Report seeking approval for a Community Asset Transfer Policy as was previously part of the recommendations of the Community Building Review cabinet decision in December 2012 and July 2015.

Additional documents:

Minutes:

The Cabinet Member for Corporate Resources introduced the report which set out the Community Asset Transfer Policy (CAT) for the Council’s community building portfolio. The Policy sets out the circumstances in which, where organisations wish it, the transfer of long leases to incumbent community organisations that are part of the Council’s community building portfolio can take place. The aims of such a transfer are to enable organisations to self-manage their property assets, to make longer term decisions on their accommodation and to raise funds against the collateral of a long lease.

Cabinet would need to agree separately to the transfer of any individual asset within the policy

In response to a question from Cllr Engert, the Assistant Director would explore if a note, on allowing refreshment provision, could be added to the policy.

 

RESOLVED

  1. To approve of the Community Asset, transfer 2017 policy document attached at Appendix A of this report.

 

  1. To note the key terms of the policy as are set out at paragraph 6.5.

Reasons for decision

The Cabinet report of 14th July 2015 sought to set out the overarching principles and recommendations of the Community Buildings Review and it was resolved to agree to establish criteria around asset transfer and lease monitoring and evaluation. The creation of a Community Asset Transfer is therefore delivering on these previously agreed recommendations.

The policy is required to establish a significant change in emphasis in the way that community organisations manage their assets.  Community Asset Transfer is recommended as good practice by the Localities Team as part of DCLG and has been tested as compliant with legislation arising from the Localism Act 2011 (the Act).

Devolution of powers to manage assets is anticipated to enable more efficient and effective management and utilisation of built assets as well as securing savings in officer time in the maintenance of multiple forms of lease.

The process is about giving local people and community groups greater control in the future of their area and their community.  If local organisations own long term interests or manage community buildings, such as community centres, it can help promote a sense of belonging in the community and bring people from different backgrounds together to work towards a shared goal, creating lasting change in local neighbourhoods.

Alternative options considered

An analysis has been undertaken of 4 of the 14 pathfinder authorities, all city Councils that agreed to introduce community asset transfer and right to bid policies as arising from the Localism Act 2011 to determine the appropriate set of principles to include in a Community Asset Transfer policy.  Policies of Lambeth and Calderdale Councils have also been examined as they were recommended by the Localities Team as being good practice.

Freehold vs Leasehold Transfer

Consideration has been given to the terms upon which an asset would be transferred and key to this is whether a long lease or the freehold would be transferred. The following points have guided the decision that a 125-year FRI lease would be offered.

The Council  ...  view the full minutes text for item 36.

37.

Adjustment to the planned admission number (PAN) of the borough's community secondary schools pdf icon PDF 455 KB

[Report of the Director of Children’s Services. To be introduced by the Cabinet Member for Children and Families.]

 

In November and December 2016 we carried out consultation on the adjustment of the PAN of the borough's community schools to allow for a) adjustment to class sizes of 30, and b) to increase capacity to meet an expected rising demand for year 7 places.  This report sets out the results of the consultation and makes final recommendations on any adjustment to PANs.

Additional documents:

Minutes:

The Cabinet Member for Children and Families introduced the report which set out the context of an emerging national funding formula and its impact on schools’ finances;

 

  • Provided an outline of the representations, the Council  received in autumn 2016 when consulting on proposed adjustments to the published admission numbers (PANs)[1] of the borough’s  secondary community schools;
  • Provides latest data on:

a.    year 7 numbers (including for the incoming September 2017 cohort); and

b.    school roll projections (2017) and their implications for year 7 demand now and in the future;

·         Sets out how the Council expect to meet demand for year 7 places over the coming years;

·         Sets out the proposed condition survey work the Council will carry out in our community secondary schools in summer 2017 to allow the Council to plan for any necessary capital works to facilitate:

a.    any increase in pupil numbers within our community secondary school(s); and

b.    head teachers and governors being able to adjust their class sizes from 27 to 30 if they wish to do so.

 

RESOLVED

 

1.     To retain the current PANs at our five community secondary schools until such time as:

b.    condition surveys have been completed for our community secondary schools to assess how increased numbers in each school might impact on teaching, learning and recreation;

c.    further year 7 secondary transfer applications (2018 and beyond) have taken place and school roll projections have been obtained to inform decision making in year 7 place numbers;

2.    The Council  uses  bulge[2] classes as required if/when pupil numbers take us from a position of surplus to one of deficit between now and 2021 (2019 being the year when we project that we will need additional places);

3.    Officers bring a further report to Cabinet if either demand or projections mean that we need additional year 7 capacity before 2019 at a level that cannot be met through the use of bulge classes alone.

 

Reasons for decision

 

The recommendations set out in this Cabinet report seek to ensure that the Council are able to continue to meet its statutory duty of ensuring enough school places but at the same time guards against an early oversupply of places which would place one or more schools in financial difficulty as a result of reduced pupil to funding ratio, as they wouldn’t be able to fill rolls, which would have a detrimental impact on their ability to successfully manage their budget.

 

Alternative options considered

 

There are two alternative options that have been considered:

 

                   i.        Do nothing to increase year 7 places which carries the high risk of running out of sufficiency of school places by 2019 or before; or

                  ii.        Increase places now which would seem premature given the downward amendment to the year 7 projections based on 2017 projections i.e. we know we are likely to need more year 7 places but that need has a) been pushed back to 2019, and b) is to some extent alleviated by capacity additions by APS  ...  view the full minutes text for item 37.

38.

Minutes of Other Bodies pdf icon PDF 170 KB

To note the minutes of the following:

 

Cabinet Member Signing 20th June 2017

Leader’s Signing 20th June 2017

 

Additional documents:

Minutes:

RESOLVED

 

To note the following minutes:

 

·         Cabinet Member Signing 20th June 2017

·         Leader’s Signing 20th June 2017

 

39.

New Items of Urgent Business

To consider any items admitted at Item 3 above.

Additional documents:

Minutes:

None

40.

Exclusion of the Press and Public

Note from the Democratic Services &Scrutiny Manager

 

Item 16  and 17 allow for the consideration of exempt information in relation to items 10 &  3 respectively.

 

TO RESOLVE

 

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  and 5 , Part 1, schedule 12A of the Local Government Act 1972.

 

Additional documents:

Minutes:

RESOLVED

 

That the press and public be excluded from the remainder of the meeting as item 16 contained exempt information, as defined under paragraph, 3 and 5, Part 1, schedule 12A of the Local Government Act 1972, namely 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.

 

41.

Haringey Development Vehicle - Financial Close and Establishment

To consider exempt information pertaining to item 10.

Minutes:

As per item 35.

42.

New Items of Exempt Urgent Business

To consider any items admitted at Item 3 above.

 

Minutes:

None