Agenda and minutes

Cabinet
Tuesday 17 September 2019 4.00 pm

Venue: Ground Floor Meeting Room GO2C, 160 Tooley Street, London SE1 2QH

Contact: Paula Thornton  Phone: 020 7525 4395 Email:  paula.thornton@southwark.gov.uk

Items
No. Item

1.

Apologies

2.

Notification of any items of Business which the Chair Deems Urgent

    In special circumstances, an item of business may be added to an agenda within five clear working days of the meeting.

    Minutes:

    The chair gave notice of the following late items:

     

    Item 7:    Deputation requests

     

    Item 10:   Policy and Resources Strategy 2020-21 to 2022-23 update

     

    Reasons for urgency and lateness will be specified in the relevant minutes.

3.

Notice of Intention to conduct business in a closed meeting, and any representations received

4.

Disclosure of Interests and Dispensations

    Members to declare any interests and dispensations in respect of any item of business to be considered at this meeting.

    Minutes:

    Councillor Evelyn Akoto and Councillor Kieron Williams declared a disclosable pecuniary interest in respect of Item 13 (New Council Homes Rooftop Development Principles and Programme Update) as they are council leaseholders.

     

    Councillors Akoto and Williams confirmed their intention to withdraw from the meeting and leave the meeting room while item 13 was being discussed.

5.

Minutes

6.

Public Question Time (15 Minutes)

    To receive any questions from members of the public which have been submitted in advance of the meeting in accordance with the cabinet procedure rules. The deadline for the receipt of a public question is midnight Wednesday 11 September 2019.

    Minutes:

    1.  Public Question from Jerry Flynn

     

    The council agreed with the Local Government Ombudsman in 2016 that there be an annual audit into compliance with conditions for provision of social housing through S106 agreements.

     

    As the Ombudsman decision was delivered three years ago, can the leader say when the results of these audits will be published?

     

    Response by Councillor Johnson Situ, Cabinet Member for Growth, Development and Planning

     

    Southwark Council is committed to responding to the housing crisis and we are working to deliver as much genuinely affordable housing as possible.

     

    An audit was carried out in 2016 where the council wrote to all the Registered Providers (RPs) requesting details of units held. There are 11,999 units managed by RPs in Southwark and there have been 4,320 affordable units secured by S106 legal agreements since 2001. The audit can be found at:

    https://www.southwark.gov.uk/assets/attach/10526/Southwark-S106-AH-Audit.xlsx

     

    The audit contains planning permissions since 2001 and shows the Registered Provider/Registered Social Landlord for each social rent and intermediate unit identified. In some cases the Registered Provider/Registered Social Landlord is yet to be confirmed. It must be noted that this is not a complete list and should be used as guidance only.


    We are the leading borough on the work of recording accurately where our affordable units are located both social and intermediate. We recognise this is an area that needs to be worked on and so we are the first borough to create a dedicated digital tool to accurately monitor delivery of affordable housing. More information on the affordable housing monitoring project can be found
    at:

    https://www.southwark.gov.uk/innovate/collabrative-project/affordable-housing-monitoring.

     

    2.  Public Question from Charlie Murphy (South Dock Marina Berthholders Association

     

    How will the process and proposed resetting of future SDM (South Dock Marina) fees and charges be made more transparent, aligned with both the Localism Act 2011 and Local Government Act 2003 and reconfigured to avoid 'Abuse of a Dominant position’?”  

     

    Response by Councillor Richard Livingstone, Cabinet Member for Environment, Transport and the Climate Emergency

     

    Concerns have been raised about berth holder fees in 2019-20 and as a result this was the subject of discussion at scrutiny committee. The committee recommended that:

     

    ·  the council should strengthen its communication with the berth holders by establishing a standing forum to work through all matters relating to the management of the marina, including the equalities assessment of fee increases and

    ·  a clear and transparent formula for fee increases should be drawn up. 

     

    The council has committed to working with berth holders this year to address future fee setting. As such a meeting with berth holders took place in early September and fee setting was discussed. Berth holders are currently considering how they would like to be engaged in the process and a further meeting will be set up specifically to discuss future fee setting.

     

    It is our intention that at the next meeting the timetable and decision making process for fee setting will be clearly communicated with berth holders and they will have an opportunity to discuss this  ...  view the full minutes text for item 6.

7.

Deputation Requests

    To consider any deputation requests. The deadline for the receipt of deputation requests is midnight Wednesday 11 September 2019.

    Supporting documents:

    Minutes:

    The report had not been circulated five clear days in advance of the meeting. The chair agreed to accept this item as urgent as the request had been received in line with the constitutional deadline for the receipt of deputation requests.

     

    RESOLVED:

     

    1.  That deputations be heard from the South Dock Marina Berthholders Association and from Southwark Supertram. 

     

    2.  That the late deputation from Chiltern Tenants and Residents Association (TRA) not be heard.  The relevant cabinet member undertook to meet with Chiltern TRA separately.

     

    South Dock Marina Berthholders Association

     

    The spokesperson for the deputation addressed the meeting to strongly recommend Southwark Council look into a redevelopment scheme that contains no residential element. 

     

    Cabinet members confirmed that while the council is unlikely to have the capital resources to redevelop the area without a residential element, the consultation to be agreed today will ensure that all stakeholders can offer suggestions for how to improve the process.

     

    Southwark Supertram

     

    The spokesperson for the deputation addressed the meeting to recommend the proposed Southwark Supertram scheme to the cabinet.  They emphasised the potential benefits for cutting transport and cutting air pollution, as well as cutting journey times in the local area.

8.

Policy and Resources Strategy: Revenue Monitoring report, including Treasury Management 2019-20 (Month 4)

    To note the General Fund forecast outturn position for 2019-20 and to note the key adverse variations and budget pressures underlying the forecast outturn position.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the General Fund forecast outturn position for 2019-20 (Table 1 of the report) be noted.

     

    2.  That the key adverse variations and budget pressures underlying the forecast outturn position be noted:

    ·  The Dedicated Schools Grant (DSG) forecast outturn position of a £6m deficit and the significant pressures on the High Needs Block (paragraphs 25-28 of the report)

    ·  The forecast budget pressures on temporary accommodation (paragraphs 34-36 of the report)

    ·  The forecast utilisation of £4m contingency to support the General Fund budget (paragraph 51 of the report).

     

    3.  That the Housing Revenue Account (HRA) forecast outturn position for 2019-20 (Table 2, paragraphs 52-61 of the report) be noted.

     

    4.  That the forecast movements of General Fund earmarked reserves (paragraphs 62-68 of the report) be noted.

     

    5.  That the update on the London Business Rate pool net financial benefits (paragraphs 69 to 70 of the report) be noted.

     

    6.  That the treasury management activity to date in 2019-20 (paragraphs 71-79 of the report) be noted.

     

    7.  That the interdepartmental General Fund budget movements that are less than £250k as shown in Appendix A of the report be noted.

9.

Policy and Resources Strategy: Capital Monitoring report, including Capital Programme Update 2019-20 (Month 4)

10.

Policy and Resources Strategy 2020-21 to 2022-23 update

    (to follow)

    Supporting documents:

    Minutes:

    The report had not been circulated five clear days in advance of the meeting. The chair agreed to accept the report as urgent in order to update the 2020-21 to 2022-23 budget planning process and the detailed work on budget proposals following the Spending Review announcement on 4 September 2019. This work continues over the coming months in order to meet the timetable to prepare a budget proposal for submission to council assembly in February 2020.

     

    RESOLVED:

     

    That the following be noted:

     

    1.  The outcome of the Government’s 2020-21 Spending Review announced on 4 September 2019, set out in paragraphs 16 to 19 of the report.

     

    2.  The Ministry for Housing Communities and Local Government (MHCLG) has confirmed that the Fair Funding Review, 75% business rate retention and business rates reset will be delayed until 2021-22.

     

    3.  The updated 2020-21 budget forecast, based on the latest information and the following revised assumptions, indicates a budget funding gap of £7.5m:

     

    ·  an inflation increase of 1.84% in the Settlement Funding Assessment

    ·  additional grant funding announced in the Spending Round for social care, high needs and tackling rough sleeping and homelessness will be passported to those services

    ·  an index linked increase in Public Health Grant and Better Care Fund allocations

    ·  that other major grant funding sources, i.e. Improved Better Care Fund, Social Care Grants and New Homes Bonus will continue at 2019-20 levels (as previously assumed)

    ·  the business rate baseline reset, that will significantly impact those authorities that have experienced the greatest growth since inception of the existing BRR system in 2013-14, will be deferred until 2021-22.

     

    4.  The funding gap will reduce by £2.3m should the council decide to increase council tax by 2% for adult social care.

     

    5.  The funding gap will reduce by a further £2.3m should the council decide to increase council tax by 2% in line with the proposed referendum principle level.

     

    6.  As agreed in July 2019, the strategic director of finance and governance with the support of other strategic directors and their teams will prepare a one year budget for 2020-21 based on cash-limiting departmental budgets at 2019-20, setting out the risks of this approach and how these risks will be managed.

     

    7.  The strategic director of finance and governance will seek to prepare with other officers indicative savings options and commitments for 2021-22 and 2022-23 as part of the risk mitigation required to support this approach.

     

    8.  Cabinet will receive further reports as further funding information becomes available and as budget plans for 2020-21 are developed.

11.

LBS Housing Rents Income Collection Policy

12.

Consultation on the future of South Dock Marina and Boatyard and Greenland Dock

13.

New Council Homes Rooftop Development Principles and Programme Update

    To approve the delegation of the agreement of the new homes design review principles, including rooftop developments and the delegation of agreement of what the council offer to residents who are directly impacted by roof top developments.

    Supporting documents:

    Minutes:

    Councillor Evelyn Akoto and Councillor Kieron Williams, having declared disclosable pecuniary interests in this item, left the meeting room while this item was being discussed and a decision made.

     

    RESOLVED:

     

    Decision by the Cabinet

     

    1.  That the report be noted.

     

    Decision by the Leader of the Council

     

    2.  That the agreement of the new housing design review principles, including roof top developments be delegated to the cabinet member for social regeneration, great estates and new council homes.

     

    3.  That the offer to be made to residents to mitigate the impact of roof top developments be delegated to the strategic director for housing and modernisation in consultation with the strategic director of finance and governance, the cabinet member for social regeneration, great estates and new council homes and cabinet member for housing and modernisation.

14.

Review of the Council's Approach to Community Engagement

    To adopt the approach to community engagement that sets out the vision and principles previously agreed by cabinet on 30 April 2019 and to agree that the new approach will inform the way in which the council works with residents throughout the borough on any matters which involve engagement and consultation.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That:

     

    1.  The approach to community engagement that sets out the vision and principles that were agreed at the cabinet meeting 30 April 2019 and describes how we will deliver these (attached as appendix 1 of the report) be adopted.

     

    2.  The new approach which will inform the way in which the council works with residents throughout the borough on any matters which involve engagement and consultation be agreed.

     

    3.  The following objectives for community engagement be agreed:

     

    a.  Create and nurture relationships with people and community organisations and build better connectivity between the council, and voluntary and community organisations and people in Southwark and each other

    b.  Understand people’s experiences of services they use and the neighbourhoods they live in, work in, run a business in, visit and move through and better employ this local intelligence and local expertise to improve people’s wellbeing, the quality of our places and the quality of our services

    c.  Enable good governance and fair and informed decision making, through building confident, skilled, active and influential communities and a culture of getting involved.

     

    4.  A report be brought back to cabinet next year to ensure we adhere to these principles.

     

    5.  That ways of embedding this in the council’s decision-making process to measure these equalities and the sign-off process for them be developed.

15.

Extension of the Interserve Facilities Management Contract

    To approve the variation to extend the term of the consolidated facilities management (FM) contract with Interserve (Facilities Management) Limited (Interserve FM).

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That the variation to extend the term of the consolidated facilities management (FM) contract with Interserve (Facilities Management) Limited (Interserve FM) for a period of up to 14 months, from 1 February 2020 to 31 March 2021, at an estimated total cost of £11.2m, be approved. 

     

    2.  That it be noted that from the start date 1 February 2013 to 31 March 2021 the estimated total contract value will be £63m.

     

    3.  That it be noted that a break clause will be sought as part of the variation to allow for an earlier end to the contract as further detailed in paragraph 10 of the report.

16.

Insourced Repairs Service - Year One Review

    To agree that all non chargeable repairs and associated works (responsive repairs inside council tenants’ homes) remain in-house, delivered by the council and to request that a three year improvement plan for the service be developed, in consultation with staff, members and residents.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    1.  That it be agreed that all non-chargeable repairs and associated works (responsive repairs inside council tenants’ homes) remain in-house, delivered by the council.

     

    2.  That it be requested that a three year improvement plan for this housing repairs service be developed, in consultation with staff, members and residents, and presented to cabinet for approval in March 2020

     

    3.  That the need to negotiate with the relevant trade unions of affected staff on pay and reward terms and conditions in Southwark Traded Services be recognised, and that it be agreed to delegate authority for negotiation and implementation to the strategic director of environment and leisure with the aim of reaching agreement.

     

    4.  That the cabinet member for housing management and modernisation discuss an action plan on how to deal with mould and damp with officers.

17.

Housing Delivery Test Action Plan for Submission

18.

Old Kent Road Social Regeneration Charter

19.

593 Old Kent Road - Acquisition of Site to Deliver New Council Housing

20.

Nunhead Acquisition of Land for Housing Development

    To delegate to the director of regeneration and the strategic director of housing and modernisation authority to continue to negotiate the terms of the acquisition of the freehold interest in the property identified in the report.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    That:

     

    1.  Authority to continue to negotiate the terms of the acquisition of the freehold interest in the property shown edged red on the plan at Appendix A be delegated to the director of regeneration and the strategic director of housing and modernisation in consultation with the strategic director of finance and governance.

     

    2.  The council, subject to terms being agreed between the parties, be authorised to acquire the freehold interest in the property pursuant to s120 of the Local Government Act 1972 and s9 of the Housing Act 1985.

     

    3.  It be authorised that any acquisition will be made from the Housing Investment Programme with the primary focus being the delivery of high quality council housing.

21.

Motions referred from Council Assembly

    To consider the following motions referred from council assembly 17 July 2019:

     

    ·  Delivering the transport infrastructure for Southwark’s future

    ·  Promoting equality and valuing diversity

    ·  Supporting the Rotherhithe to Canary Wharf Bridge

    ·  A permanent memorial to remember the terrorist attacks

    in London Bridge and Borough Market

    ·  Adult social care

    ·  Monthly leave your car at home days.

    Supporting documents:

    Minutes:

    RESOLVED:

     

    Delivering the transport infrastructure for Southwark’s future

     

    That the motion referred from council assembly as a recommendation to cabinet, set out below be noted and agreed (relevant actions were also noted):

     

    1.  Council assembly notes:

     

    a.  The Southwark Labour manifesto and council plan commitment to creating a fairer future for Southwark, where every resident has the chance to thrive, and make the most of the opportunities being created in the borough.

    b.  That we want a borough where growth works for all, with high quality employment, healthcare, schools, park and libraries for residents. 

    c.  That in order for our residents to be able to access these opportunities being created in Southwark, there needs to be an accessible, sustainable transport network, right across the whole borough. 

    d.  That the Southwark Labour manifesto committed to delivering the transport infrastructure needed for Southwark’s future by pledging to:

     

    i)  Campaign to re-open Camberwell train station

    ii)  Make cycling accessible for all, increase cycle hangers where people want them, boost access to cycle hire and double the proportion of journeys in Southwark done by bike

    iii)  Campaign for three new tube stations on the Old Kent Road, including one at the Bricklayers Arms

    iv)  Work with the Mayor of London to build a new pedestrian and cycling bridge from Canada Water to Canary Wharf

    v)  Develop a green walking network

    vi)  Adapt lamp posts to charge electric cars so that every home is within waking distance of a charging point

    vii)  Campaign to reinstate the frequency of the RV1 bus service.

     

    e.  The progress made against these commitments, including: 

    i)  Making cycling safer and easier by delivering 7.8 kilometres of cycle ways, and providing bikeability training to 3,484 children and 1,359 adults

    ii)  Creating the ‘Back the Bakerloo’ campaign, in partnership with Lewisham Council, to which nearly 17,500 local residents and businesses have pledged their support

    iii)  Improving accessibility at Peckham Rye station, as, thanks to the council’s lobbying, the government has committed funds to installing a lift in the station

    iv)  Adapting 81 lamp posts into electric charging points, with many more in the pipeline, enabling residents to move away from greenhouse gas emitting petrol or diesel cars

    v)  Working with Network Rail to redevelop London Bridge station, making it a station fit for the future and accessible to all.

     

    2.  Council assembly further notes:

     

    a.  That at the March 2019 council assembly, council assembly declared a climate emergency.

    b.  That for the council to play its part in addressing the recently announced climate emergency, it will need to continue to promote the shift from driving to walking, cycling and public transport.

    c.  That in April cabinet agreed the Movement Plan, committing the council to transport polices that promote walking and cycling, improve air quality and safety, and reduce carbon.

    d.  That wherever possible, the council has worked closely with Transport for London (TfL) to enable them to deliver schemes that benefit the borough.

    e.  That thanks to Conservative austerity, TfL’s budget has  ...  view the full minutes text for item 21.

22.

Minutes

23.

593 Old Kent Road - Acquisition of Site to Deliver New Council Housing

24.

Nunhead Acquisition of Land for Housing Development