Agenda, decisions and minutes

The Mayor declared a prejudicial interest in Item 4 (1.1) as a Trustee of the

Surrey Canal Sports Foundation and he withdrew from the meeting during

consideration of that item.

The Mayor declared a prejudicial interest in Item 8 (3.3) as his wife is Chair of

Governors at Forster Park Primary School and and he withdrew from the

meeting during consideration of that item.

The Mayor declared a prejudicial interest in Item 4 (1.1) as a Trustee of the

Surrey Canal Sports Foundation and he withdrew from the meeting during

consideration of that item.

The Mayor declared a prejudicial interest in Item 8 (3.3) as his wife is Chair of

Governors at Forster Park Primary School and and he withdrew from the

meeting during consideration of that item.

Approved.

RESOLVED that the minutes of the meeting held on January 11 2017 be

confirmed and signed as a correct record.

Having considered an officer report, and presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, and the Chair of the

Overview & Scrutiny Committee, Councillor Alan Hall, the Mayor agreed

that:

(1) note be taken that no comments were offered by the Public Accounts

Select Committee of 25 January 2017.

(2) having considered the views of those consulted on the budget, and subject

to consideration of the outcome of consultation with business ratepayers, and

subject to proper process and consultation, as required, the Mayor:

Capital Programme

(3) Council be asked to note the 2016/17 Quarter 3 Capital Programme

monitoring position and the Capital Programme potential future schemes and

resources as set out in section 5;

(4) Council be recommended to approve the 2017/18 to 2020/21 Capital

Programme of £336.6m, as set out in section 5 and at Appendices W1 and

W2;

(5) Council be recommended to write-off debt totalling £282,759.34 related to

Building Control works at the former Hatcham Temple Grove School as at

Appendix W3;

Housing Revenue Account

(6) Council be asked to note the consultation report on service charges to

tenants’ and leaseholders in the Brockley area, presented to area panel

members on 13 December 2016, as at Appendix X2;

(7) Council be asked to note the consultation report on service charges to

tenants’ and leaseholders and the Lewisham Homes budget strategy

presented to area panel members on 15 December 2016, as at Appendix X3;

(8) Council be asked to set a decrease in dwelling rents of 1.0% (an average

of £0.97 per week) – as per the requirements from government as presented

in section 6;

(9) Council be recommended to set a decrease in the hostels accommodation

charge by 1.0% (or £0.35 per week), in accordance with Government

requirements;

(10) the following average weekly increases/decreases be approved for

dwellings for:

service charges to non-Lewisham Homes managed dwellings (Brockley);

•           caretaking                 3.00% (£0.13)

•           grounds                     3.00% (£0.06)

•           communal lighting   3.00% (£0.02)

•           bulk waste collection3.00% (£0.04)

•           window cleaning     3.00% (£0.01)

•           tenants’ levy             no change

service charges to Lewisham Homes managed dwellings:

•           caretaking                 1.99% (£0.12)

•           grounds                     0.69% (£0.01)

•           window cleaning     no change

•           communal lighting   3.33% (£0.04)

•           block pest control     1.88% (£0.03)

•           waste collection       -4.17% (-£0.02)

•           heating & hot waterno change

•           tenants’ levy             no change

•           bulk waste disposal-5.00% (-£0.04)

•           sheltered housing   1.00% (£0.24)

(11)     the following average weekly percentage changes for hostels and

shared temporary units be approved for;

•           service charges (hostels) – caretaking etc.; 2.00% (£1.42)

•           energy cost increases for heat, light & power; 8.93% (£0.49)

•           water charges increase; 5.56% (£0.01)

(12) an increase in garage rents be approved by Retail Price Inflation (RPI) of

2.00% (£0.23 per week) for Brockley residents and 2.00% (£0.23 per week)

for Lewisham Homes residents;

(13) Council be asked to note that the budgeted expenditure for the Housing

Revenue Account (HRA) for 2017/18 is £159.8m which includes the capital

and new build programmes;

(14) Council be asked  ...  view the full decision text for item 563.

The Budget report was presented by Councillor Kevin Bonavia who

highlighted the continuing financial pressures which the Council was facing.

He said on current projections the Council would have lost £200M from its

budget in the 2010-2020 period.

On behalf of the non executive members, Councillor Alan Hall confirmed

Scrutiny had no referral to make to the Mayor but that this disguised the fact

that a great deal of consideration had taken place on a very difficult set of

budgetary proposals.

The Mayor concluded by saying he was proposing a 5% Council Tax increase

with the greatest of reluctance as his hand was forced by governmental

instructions to add a mandatory precept for social care . He mentioned the

recent sweetheart arrangement made for Surrey County Council which if

replicated in Lewisham would add £10M to the Council’s Budget.

Having considered an officer report, and presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, and the Chair of the

Overview & Scrutiny Committee, Councillor Alan Hall, the Mayor, for the

reasons set out in the report:

RESOLVED that:

(1) note be taken that no comments were offered by the Public Accounts

Select Committee of 25 January 2017.

(2) having considered the views of those consulted on the budget, and subject

to consideration of the outcome of consultation with business ratepayers, and

subject to proper process and consultation, as required, the Mayor:

Capital Programme

(3) Council be asked to note the 2016/17 Quarter 3 Capital Programme

monitoring position and the Capital Programme potential future schemes and

resources as set out in section 5;

(4) Council be recommended to approve the 2017/18 to 2020/21 Capital

Programme of £336.6m, as set out in section 5 and at Appendices W1 and

W2;

(5) Council be recommended to write-off debt totalling £282,759.34 related to

Building Control works at the former Hatcham Temple Grove School as at

Appendix W3;

Housing Revenue Account

(6) Council be asked to note the consultation report on service charges to

tenants’ and leaseholders in the Brockley area, presented to area panel

members on 13 December 2016, as at Appendix X2;

(7) Council be asked to note the consultation report on service charges to

tenants’ and leaseholders and the Lewisham Homes budget strategy

presented to area panel members on 15 December 2016, as at Appendix X3;

(8) Council be asked to set a decrease in dwelling rents of 1.0% (an average

of £0.97 per week) – as per the requirements from government as presented

in section 6;

(9) Council be recommended to set a decrease in the hostels accommodation

charge by 1.0% (or £0.35 per week), in accordance with Government

requirements;

(10) the following average weekly increases/decreases be approved for

dwellings for:

service charges to non-Lewisham Homes managed dwellings (Brockley);

•           caretaking                 3.00% (£0.13)

•           grounds                     3.00% (£0.06)

•           communal lighting   3.00% (£0.02)

•           bulk waste collection3.00% (£0.04)

•           window cleaning     3.00% (£0.01)

•           tenants’ levy             no change

service charges to Lewisham Homes managed dwellings:

•           caretaking                 1.99% (£0.12)

•           grounds                     0.69%  ...  view the full minutes text for item 563.

NEW BERMONDSEY CPO

The points raised by the Business Panel and the responses agreed by the

Cabinet were as follows:

(i)            To ask officers to respond to correspondence from Eversheds and

Shoosmiths.

Officers have responded to these letters.

(ii)          To ask officers to ensure that all Housing Action Zone bid

documents are made available to Scrutiny members, and a

redacted copy made available to the public.

A redacted copy can be viewed here.

https://files.acrobat.com/a/preview/1934fab3-ee61-4701-bef6-08382209f496

Renewal have agreed that members may have access to an unredacted copy.

It was intended that this be available to members on a confidential basis when

it is relied on as a background document in the report concerning the

Memorandum of Understanding relating to the Housing Action Zone.

Unredacted copies are available for inspection by all members on a

confidential basis in Legal Services. Anyone wishing to view them should

contact Siobhan Da Costa in Legal Services ext 49276

(iii)         To ask officers to ensure that the Section 106 Agreement is

reviewed by members of the Strategic Planning Committee

It is officers’ understanding that this request related to amendments arising

out of the fact that the Housing Action Zone funding of £20 million is no longer

to comprise solely of loan funding.  Instead £12 million of this funding is to be

by way of grant. Officers can reassure members that any changes to the

Section 106 agreement would not be taken by officers but referred to

Strategic Planning Committee for decision.

(iv)         Notes that the Business Panel remains unconvinced by the

reported results of the investigation into the Lambert Smith

Hampton documents.

Officers note the views of the Business Panel.  All of the documents which

were supplied to the Council in relation to this matter are available for

inspection by any member on a confidential basis in Legal Services. Anyone

wishing to view them should contact Siobhan Da Costa in Legal Services

02083149276

In respect of the following issue raised by the Business Panel, the response

agreed by the Mayor was as follows:

Though not part of the matters resolved at Overview and Scrutiny Business

Panel on 31 January 2017, the draft minutes state that the Business Panel

believed that the independent inquiry and its terms of reference should be

overseen by full Council.  It is intended that a report on the establishment of

the external investigation will be submitted to the Council at its meeting on 22

February 2017.  Once the investigation is complete, the outcome will be

reported to full Council and made public.

NEW BERMONDSEY CPO

The referral from the Overview and Scrutiny Business Panel was presented

by Councillor Alan Hall.

In response the Mayor fully endorsed the request that the Council oversees

the Independent Inquiry process. In his absence the Cabinet unanimously

agreed the written responses shown below.

The points raised by the Business Panel and the responses agreed by the

Cabinet were as follows:

(i)            To ask officers to respond to correspondence from Eversheds and

Shoosmiths.

Officers have responded to these letters.

(ii)          To ask officers to ensure that all Housing Action Zone bid

documents are made available to Scrutiny members, and a

redacted copy made available to the public.

A redacted copy can be viewed here.

https://files.acrobat.com/a/preview/1934fab3-ee61-4701-bef6-08382209f496

Renewal have agreed that members may have access to an unredacted copy.

It was intended that this be available to members on a confidential basis when

it is relied on as a background document in the report concerning the

Memorandum of Understanding relating to the Housing Action Zone.

Unredacted copies are available for inspection by all members on a

confidential basis in Legal Services. Anyone wishing to view them should

contact Siobhan Da Costa in Legal Services ext 49276

(iii)         To ask officers to ensure that the Section 106 Agreement is

reviewed by members of the Strategic Planning Committee

It is officers’ understanding that this request related to amendments arising

out of the fact that the Housing Action Zone funding of £20 million is no longer

to comprise solely of loan funding.  Instead £12 million of this funding is to be

by way of grant. Officers can reassure members that any changes to the

Section 106 agreement would not be taken by officers but referred to

Strategic Planning Committee for decision.

(iv)         Notes that the Business Panel remains unconvinced by the

reported results of the investigation into the Lambert Smith

Hampton documents.

Officers note the views of the Business Panel.  All of the documents which

were supplied to the Council in relation to this matter are available for

inspection by any member on a confidential basis in Legal Services. Anyone

wishing to view them should contact Siobhan Da Costa in Legal Services

02083149276

In respect of the following issue raised by the Business Panel, the response

agreed by the Mayor was as follows:

Though not part of the matters resolved at Overview and Scrutiny Business

Panel on 31 January 2017, the draft minutes state that the Business Panel

believed that the independent inquiry and its terms of reference should be

overseen by full Council.  It is intended that a report on the establishment of

the external investigation will be submitted to the Council at its meeting on 22

February 2017.  Once the investigation is complete, the outcome will be

reported to full Council and made public.

One item had slipped since the last report.

The Mayor was informed that one item had slipped since the last report as it

was dependent on a consultation exercise that had not yet been concluded.

RESOLVED that the report be noted.

Having considered an officer report and a presentation by the Cabinet

Member for the Public Realm, Councillor Rachel Onikosi, the Mayor agreed

that:

(1) progress made to date be noted;

(2) the operational implications for the new service be noted;

(3) the proposed timetable for implementing the new services be approved;

and

(4) service policies be approved.

The Mayor noted that Sam Kirk was leaving the Council after 17 years with

Lewisham. He praised her superb contribution particularly around recycling

and how to approach it.

Having considered an officer report and a presentation by the Cabinet

Member for the Public Realm, Councillor Rachel Onikosi, the Mayor agreed

that:

(1) progress made to date be noted;

(2) the operational implications for the new service be noted;

(3) the proposed timetable for implementing the new services be approved;

and

(4) service policies be approved.

Having considered an officer report and a presentation by the Cabinet

Member for the Public Realm, Councillor Rachel Onikosi, the Mayor agreed

that:

(1) the results of the Animal Welfare Charter consultation be noted;

(2) the Animal Welfare Charter be approved and adopted.

Having considered an officer report and a presentation by the Cabinet

Member for the Public Realm, Councillor Rachel Onikosi, the Mayor, for the reasons set out in the report:

RESOLVED that:

(1) the results of the Animal Welfare Charter consultation be noted;

(2) the Animal Welfare Charter be approved and adopted.

Having considered an officer report, the Mayor agreed that:

(1) the nursery, primary, secondary and sixth form admissions arrangements

for Lewisham’s community mainstream schools as set out be approved

(2) the Pan London Admissions Schemes for reception and secondary

transfer and a local scheme for in year admissions as detailed be approved;

and

            Having considered an officer report, the Cabinet agreed that:

(3) there should not be a reduction to Forster Park Primary School’s PAN but

that the school should be supported to recruit and retain more pupils.

Having considered an officer report, the Mayor, for the reasons set out in the

report:

RESOLVED that:

(1) the nursery, primary, secondary and sixth form admissions arrangements

for Lewisham’s community mainstream schools as set out be approved

(2) the Pan London Admissions Schemes for reception and secondary

transfer and a local scheme for in year admissions as detailed be approved;

and

The Cabinet, in the absence of the Mayor, considered the representation

received from Forster Park Primary School and pressed the Executive

Director to justify the recommendation rejecting the request of the Chair of

Governors. The Executive Director explained it would be exceptionally

unusual to reduce a PAN given the pressure on primary school places in

Lewisham and that support would be offered to the school to improve pupil

recruitment and retention.

Having considered an officer report, the Cabinet, for the reasons set out in the

report:

RESOLVED that:

(3) there should not be a reduction to Forster Park Primary School’s PAN but

that the school should be supported to recruit and retain more pupils.

Having considered an officer report, and a presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, the Mayor agreed that:

(1)  plans for the ICT Shared Service with Brent to be extended to cover the

London Borough of Southwark be approved and a further report be brought

back to the Mayor in June 2017 for formal approval subject to the outcome of

the due diligence exercise;

(2) the delegation from Southwark Council to Brent (as the primary host

authority in the shared service) for the delivery of ICT service be noted and a

further report be brought to the Mayor in June 2017 to determine whether this

arrangement should be included within the Shared Service subject to the

outcome of the due diligence exercise;

(3) a Memorandum of Understanding be entered into with the London

Borough of Southwark and London Borough of Brent as set out;

(4) an interim inter-authority agreement be entered into between the 3

boroughs to cover arrangements until a formal decision is made whether to

proceed with a 3 Council Shared Service and authority be delegated to the

Executive Director for Customer Services to agree the terms of the interim

inter-authority agreement on the advice of the Head of Law;

(5) interim governance arrangements based on a shared joint partnership

board to include representatives of Brent, Lewisham and Southwark working

on an equal basis be approved;

(7) note be taken that Brent and Southwark officers are presenting reports to

their respective Cabinets in relation to this delegation and possible future

shared service.

The report was introduced by Councillor Bonavia who explained amended

recommendations had been received following the receipt of further legal

advice. The Head of Law stated no business case had yet been agreed

and a further decision would be required in June

Having considered an officer report, and a presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, the Mayor agreed that:

(1) plans for the ICT Shared Service with Brent to be extended to cover the

London Borough of Southwark be approved and a further report be brought

back to the Mayor in June 2017 for formal approval subject to the outcome of

the due diligence exercise;

(2) the delegation from Southwark Council to Brent (as the primary host

authority in the shared service) for the delivery of ICT service be noted and a

further report be brought to the Mayor in June 2017 to determine whether this

arrangement should be included within the Shared Service subject to the

outcome of the due diligence exercise;

(3) a Memorandum of Understanding be entered into with the London

Borough of Southwark and London Borough of Brent as set out;

(4) an interim inter-authority agreement be entered into between the 3

boroughs to cover arrangements until a formal decision is made whether to

proceed with a 3 Council Shared Service and authority be delegated to the

Executive Director for Customer Services to agree the terms of the interim

inter-authority agreement on the advice of the Head of Law;

(5) interim governance arrangements based on a shared joint partnership

board to include representatives of Brent, Lewisham and Southwark working

on an equal basis be approved;

(6) note be taken that Brent and Southwark officers are presenting reports to

their respective Cabinets in relation to this delegation and possible future

shared service.

Having considered the Select Committee’s report, the Mayor agreed that the

views of the Select Committee as set out be received and the Executive

Director for Resources and Regeneration be asked to prepare a response for

Mayoral consideration.

Having considered the Select Committee’s report, the Mayor:

RESOLVED that the views of the Select Committee as set out be received

and the Executive Director for Resources and Regeneration be asked to

prepare a response for Mayoral consideration.

Having considered the Select Committee’s report, the Mayor agreed that the

views of the Select Committee as set out be received and the Executive

Director for Resources and Regeneration be asked to prepare a response for

Mayoral consideration.

Having considered the Select Committee’s report, the Mayor;

RESOLVED that the views of the Select Committee as set out be received

and the Executive Director for Resources and Regeneration be asked to

prepare a response for Mayoral consideration.

Having considered an officer report, and a presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, the Mayor agreed

that the Pay Policy Statement be reported to the Council.

Councillor Millbank praised the gender pay balance which had been achieved

in Lewisham and asked if a similar survey could be undertaken of the average

salaries of BAME personnel.

Having considered an officer report, and a presentation by the Cabinet

Member for Resources, Councillor Kevin Bonavia, the Mayor:

RESOLVED that the Pay Policy Statement be reported to the Council.

Agreed.

RESOLVED that in accordance with Regulation 4(2)(b) of the Local

Authorities (Executive Arrangements) (Meetings and Access to

Information)(England) Regulations 2012 and under Section 100(A)(4) of the

Local Government Act 1972, the press and public be excluded from the

meeting for the following items of business on the grounds that they involve

the likely disclosure of exempt information as defined in paragraphs [3, 4 and

5] of Part 1 of Schedule 12(A) of the Act,  and the public interest in

maintaining the exemption outweighs the public interest in disclosing the

information

14.       Caretaker properties Disposal and Lease Award Report with

Lease Plans.

Having considered a confidential officer report, and a presentation by the

Cabinet Member for Housing, Councillor Damien Egan, the Mayor agreed

that:

(1)  the properties identified at section 6.3  are no longer in use for the

purposes of education and that subject to Secretary of State’s consent they

could be used to provide accommodation for five households in acute housing

need;

(2) an application be made to the Secretary of State for Education under

Schedule 1 of the Academies Act 2010 for the disposal of the sites on a five

year lease;

(3) Subject to Secretary of State’s consent being obtained, the lease of the

five residential properties be approved to Lewisham Homes Limited and

authority be delegated to the Executive Director for Resources &

Regeneration, in consultation with the Executive Head of Law, to agree the

final terms and all associated legal documentation.

Having considered a confidential officer report, and a presentation by the

Cabinet Member for Housing, Councillor Damien Egan, the Mayor, for the

reasons set out in the report:

RESOLVED that:

(1)  the properties identified at section 6.3  are no longer in use for the

purposes of education and that subject to Secretary of State’s consent they

could be used to provide accommodation for five households in acute housing

need;

(2) an application be made to the Secretary of State for Education under

Schedule 1 of the Academies Act 2010 for the disposal of the sites on a five

year lease; and

(3) Subject to Secretary of State’s consent being obtained, the lease of the

five residential properties be approved to Lewisham Homes Limited and

authority be delegated to the Executive Director for Resources &

Regeneration, in consultation with the Executive Head of Law, to agree the

final terms and all associated legal documentation.

The meeting closed at 19.49pm