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. 

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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 meetings and Members noted this information.

Apologies for absence were received from Councillor Brabazon and Councillor Hearn.  

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.

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No declarations of interest were made.

The  Acting Democratic Services and Scrutiny Manager to report that the Overview and Scrutiny Committee of the 29 July 2019 on consideration of the call  in of the Cabinet’s decision of the 9 July 2019, minute number 192 &201,resolved that the decision relating to the agreement of Red House Yard, 432 West Green Road N15 3PJ be referred back to Cabinet to reconsider the decision before taking a final decision within 5 working days in light of the views expressed by the Overview and Scrutiny Committee.

Part Four Section H(Call in Procedure Rules) paragraph 10(b) of the Constitution requires that when the Overview and Scrutiny Committee decides to refer a decision back to a decision maker  then the decision taker has 5 working days to reconsider the decision before taking a final decision.

The following documents are attached:

a)    Report of the Chair of Overview and Scrutiny setting out the recommendations of the Overview and Scrutiny Committee to Cabinet following consideration of the Call In form, verbal representations considered at the Overview &Scrutiny meeting, the Cabinet reports, minutes and exempt information, relating to the Cabinet decision Red House Yard, 432 West Green Road N15 3PJ – Report to follow

Additional Information

b)    Copy of the Call In form

c)    Excerpt from the draft minutes of the Cabinet held on 9 July 2019

d)    The public Cabinet Report  and public appendices on Red House Yard, 432 West Green Road N15 3PJ

e)    Report of the Monitoring Officer considered by the Overview and Scrutiny meeting.

f)     Report of the Director for Housing, Planning and Regeneration  considered by the Overview and Scrutiny meeting.

The Leader noted this was a special meeting of Cabinet held to re-consider the decision on Red House Yard, 432 West Green Road N15 3PJ taken at its 9 July 2019 Cabinet Meeting. This was following a call-in considered by the Overview and Scrutiny Committee (OSC) at its meeting on the 29 July 2019, where they decided to refer this decision back to Cabinet for re-consideration.

Regarding the process of the meeting for Councillors present (who were not on Cabinet) to ask questions, the Leader referred to the Council’s Constitution at Part 4, Section F, 2.7, and allowed Members of the OSC and the Leader of the Opposition to ask questions in the meeting. Councillor Palmer was present on behalf of the Leader of the Opposition. 

The Leader next invited the Chair of the OSC, Councillor das Neves, to present the Committee’s report and recommendations from the call-in.

Councillor das Neves thanked the Leader and outlined the background and findings of the call-in meeting, as set out in the report at pages 1 – 3 of the supplementary report pack. Councillor das Neves highlighted the recommendations, as set out below. 

The Cabinet Member for Finance and Strategic Regeneration thanked Councillor das Neves and the OSC for their thorough review. The Cabinet Member was pleased that the OSC found the decision was within the budget and policy framework and provided the following responses in regards to its recommendations:

Recommendation 1 - That Cabinet defer final decision on the matter until an alternative and fully costed option for direct delivery of the scheme by the Council is developed, shared and considered fully.  The Borough Plan emphasises the building of Council homes on Council land and this commitment should be honoured by the Council through it retaining ownership of the freehold of sites and building homes itself wherever possible

This recommendation was not accepted.  As the Cabinet Members and officers stated at the OSC hearing, the preference of the Cabinet was to proceed with the Paul Simon Magic Homes (PSMH) land disposal and purchase agreement because it offered the fastest means of securing much needed Council homes against the Borough Plan objective of 1,000 Council homes.  A delay in making a decision on the proposed agreement with Paul Simon Magic Homes pending the production of a fully worked up direct delivery alternative would not only delay delivery of homes in any scenario but may also put the Paul Simon option at risk of being undeliverable. 

Recommendation 2 - Cabinet should consider how trust, accountability and transparency may be enhanced when making key decisions.  In particular, specific consideration should be given to how professional legal advice can best be recorded and shared so that a clear understanding can be gained of the substance of advice given and to what extent key decision makers have been party to that advice and their understanding of it. Cabinet should consider how this advice can be made available even if only as an exempt item

The principle  ...  view the full minutes text for item 210.

To consider exempt information [Part B] Red House Yard, 432 West Green Road N15 3PJ which is not for publication by virtue of paragraphs 3&5 of Part 1 of schedule 12A of Local Government Act 1972 as it contains 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 relating t to legal professional privilege could be maintained in legal proceedings.

To consider the exempt minutes relating to the Cabinet decision on Red House Yard, 432 West Green Road N15 3PJ.

To  further consider the exempt part of the Director of Housing, Regeneration and Planning’s report, responding to the call in.

Cabinet agreed that, given that the exempt minutes and key decision number 201, had been previously agreed following consideration of the exempt information at the July meeting and the response to the scrutiny recommendations did not require further reference to the exempt part of the report, it did not require to go into private session and made its decision in public, as per item 210.

RESOLVED that the exempt recommendations be granted.