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- Attendance Details \n\t\t\t
- Agenda Frontsheet\n\t\t\t
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PDF 24 KB \n\t\t \n\t\t\t \n\n\t\t\t\t - Agenda reports pack\n PDF 11 MB \n\n\t\t\t\t
- Printed minutes\n PDF 17 KB \n\t\t \n\n
Venue: Council Chamber, Newham Town Hall, East Ham, E6 2RP. View directions
\n\t\tContact: Debbie Boon, Principal Member Services Officer, 020 3373 1253 \n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\t\t\tManagement of the Business of the Meeting
\nThe Chair will agree\nwith Members the arrangements for management of the meeting,\nincluding the order of business, confirmation of Agenda items,\nincluding late reports and apologies for absence.
\nMinutes:
\nIt was noted that the item Local Fund Plus was\ndeferred to the next meeting and the Primary Capital Programme\n– Approval of Construction Contractor was withdrawn.
\nDeclarations of Interest PDF 18 KB
\nThis is the time for\nMembers to declare any interest they may have in any matter being\nconsidered at this meeting. Advice is attached.
\nMinutes:
\nThere were no\ndeclarations of interest.
\nDecisions of the Mayor\nin consultation with the Cabinet made on 24 September 2009.
\nMinutes:
\nThe minutes of the Cabinet meeting held on 24\nSeptember were agreed as a correct record.
\nJoint Strategic Needs Assessment 2009 PDF 42 KB
\n\nReport of the Interim Executive Director for\nAdults, Community and Leisure, Executive Director for Children and\nYoung People, and Divisional\nDirector for Public Health
\nAdditional documents:
\n\t\t\t\t\t\nMinutes:
\nThe Mayor in consultation with Cabinet\nconsidered the Joint Strategic Needs Assessment (JSNA).\n This is an annual\nstatutory requirement that is an objective and impartial account of\nthe key health issues in the borough and requires the approval of\nthe Council and the Primary Care Trust (PCT).
\n\n
Decision
\n\n
The Mayor in consultation with Cabinet approved the\nJoint Strategic Needs Assessment and noted the recommendations for\npriorities for action to improve health and wellbeing in\nNewham.
\n\n
Reasons for the Decision
\n\n
The Joint Strategic Needs Assessment is a\nstatutory document and has to be published annually and the content\ndefined.
\n\n
\nThe report and decision have complied\nwith Part 4.5, paragraph 16 of the Constitution.
\n\nThe decision is not subject to the\nCall-In process and may be implemented immediately.
\nLocal Fund Plus
\nReport of the Divisional Director for\nHighways, Transport and Parking and the Head of Democratic\nServices
\n\n
Report to follow
\nMinutes:
\nThe item was deferred to the next meeting.
\nLocal Government Ombudsman Report PDF 19 KB
\nReport of the Monitoring Officer
\nAdditional documents:
\n\t\t\t\t\t\nMinutes:
\nJeremy Appleson,\nDeputy Head of Legal Services presented the report which was\nprepared under Section 31(2) of the Local Government Act\n1974. The report set\nout the findings of the Local Government Ombudsman in relation to a\nCouncil Tax debt matter. The Ombudsman has found that the\nCouncil’s actions in obtaining a Bankruptcy Order were\nmaladministration. \nHowever, the Ombudsman is satisfied with the agreed action taken by\nthe Council and therefore has made no recommendation with regard to\nany further remedy required. This report set out the basis of\nthe findings for consideration.
\n\n
Copies of the full report have been made\navailable for public inspection in accordance with the provisions\nof the Local Government Act 1974 and there has been publicity by\nthe Council and the Local Government Ombudsman in this\nregard.
\n\n
Decision
\n\n
The Mayor in consultation with Cabinet agreed to:
\n\n
\n\n1. \nnote the report of the\nOmbudsman and consider its findings;
\n\n\n2. \napprove the remedial action\ntaken by the Council in advance of the Ombudsman’s report;\nand
\n\n\n3. \nnote the officer’s\nproposals to exercise their delegated decision powers to write off\nthe debt due and shall notify the Ombudsman accordingly.
\n\n
Reasons for the Decision
\n\n
The Council have fully co-operated with an\ninvestigation by the Local Government Ombudsman and reached a\nsolution to the matters raised which the Ombudsman found\nsatisfactory. Therefore\nwhilst there has been a finding of maladministration, which must be\nreported to Members in accordance with Section 31(2) of the Local\nGovernment Act 1974, no further action is required. The matter concerns a decision by\nthe Authority in relation to Council Tax debts due in July\n2004. Under Section\n31(2) of the 1974 Act the Council is required to consider any\nfindings of maladministration and to make a decision as to\nappropriate action to be taken. As set out in this report the\nOmbudsman considers that the Council has already taken satisfactory\naction and the purpose of this report is to formally seek Members\napproval, under the Act, to the actions taken to resolve this\nmatter.
\n\n
\nThe report and decision have complied\nwith Part 4.5, paragraph 16 of the Constitution.
\n\nThe decision is not subject to the\nCall-In process and may be implemented immediately.
\nPrimary Capital Programme - Approval of Construction Contractor PDF 54 KB
\n\nReport of the Executive Director of Children\nand Young People
\n\n
Exempt appendix is attached as agenda item\n12
\nMinutes:
\nThe item was withdrawn.
\nSection 106 Review Update PDF 29 KB
\nReport of the Executive Director of Regeneration,\nPlanning and Property
\n\n
Exempt\nappendices are attached as agenda item 13
\nAdditional documents:
\n\t\t\t\t\t\nMinutes:
\nClive Dutton, Executive Director,\nRegeneration, Planning and Property, presented a report informing\nMembers about the corporate Section 106 Review that has been taking\nplace since July 2008. \nThis Review has seen the creation of two corporate groups, the Task\nForce and the Steering Group, that are undertaking the main bodies\nof work in the Review.
\n\n
The report also outlines the future of Section\n106 management at LBN. \nThis includes an Action Plan resulting from the lessons learnt from\nthe Review, and opportunities for Member engagement including\ntraining and regular reporting.
\n\n
Some Members were concerned about ensuring\nproper consultation takes place, particularly in regard to\nchildren’s services. There was consensus that everyone\nwho should be consulted is consulted, and this should be\nrecorded. It was\nresolved that there will be a form for all planning applications\nwith Section 106 agreements consisting of a checklist of\nconsultees. Members\nasked to view the form at a future meeting of Cabinet.
\n\n
Decision
\n\n
The Mayor in consultation with Cabinet agreed:
\n\n
\n\n1. \nto note the work undertaken by\nthe Task Force and the Steering Group on the Section 106 Review to\ndate;
\n\n
\n\n2. \nto note the future work to be\nundertaken by the Steering Group, as set out in sections 2.2 and\n2.3;
\n\n
\n\n3. \nthat a report will be coming\nforward to Cabinet to approve an updated version of the Internal\nDevelopment Control Guidance (paragraph 2.2.8);
\n\n
\n\n4. \nto receive a quarterly report\nto inform Members on Section 106 contributions received from each\ndevelopment, how much money has been spent on projects to date, and\nwhat remains available (paragraph 2.3.0); and
\n\n
\n\n5. \nthat there will be a form for\nall planning applications with Section 106 agreements consisting of\na checklist of consultees and the form will be presented at a\nfuture meeting of Cabinet.
\n\n
Reasons for the Decision
\n\n
To inform Members about the work done to date\nas part of the Section 106 Review and future work to be undertaken,\nas Member engagement is crucial in the successful implementation of\na corporate Section 106 process.
\n\n
\nThis decision is subject to the call-in\nprocess as the decision was based on part exempt\ninformation. The\ncall-in period will expire at 5pm on 4 November 2009.
\nItems scheduled on the Forward Plan for this meeting that have not been submitted PDF 21 KB
\nSet out in the\nattached report is a list of those items scheduled for this meeting\nwhich have not been submitted and a list of those items scheduled\nto be considered at the next meeting.
\nMinutes:
\nThe Mayor noted:
\n\n
\n\n1. \nthe items originally scheduled for this meeting of Cabinet but\nwhich were not submitted, together with the reason for the delay\nand the rescheduled date; and
\n\n
\n\n2. \nthose items listed on the Forward Plan scheduled to be considered\nat the next meeting of Cabinet.
\n\n
Councillor Wilson\nasked why the Urban Design Supplementary Planning Document has been\ndelayed. Clive Dutton agreed to follow it up and inform Councillor\nWilson.
\nLocal Government Act 1972, as Amended by the Local Government (Access to Information) Act 1985 - Exclusion of Press and Public
\nIn accordance with\nSection 100(A)(4) of the Local Government Act 1972, the Committee\nis asked to resolve that the press and public be excluded from the\nmeeting for specific items of business on the grounds that they may\ninvolve the likely disclosure of exempt information as defined in\nthe paragraph of Part I of Schedule 12A to the Act, as amended.
\nMinutes:
\n\nAgreed to exclude the press and the public from the remainder of\nthe meeting during consideration of the following exempt\ninformation:
\n\n
\n\n· \nExempt appendix for agenda item 8 - Primary Capital Programme -\nApproval of Construction Contractor
\n\n\n· \nExempt appendices for agenda item 9 - Section 106 Review Update
\n PDF 24 KB \n\t\t \n\t\t\t PDF 11 MB PDF 17 KB \n\t\t Venue: Council Chamber, Newham Town Hall, East Ham, E6 2RP. View directions
\n\t\tContact: Debbie Boon, Principal Member Services Officer, 020 3373 1253 \n\t\t\n\t\t
\n\t\t| No. | \n\t\t\tItem | \n\t\t
|---|---|
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Management of the Business of the Meeting \n\n \nThe Chair will agree\nwith Members the arrangements for management of the meeting,\nincluding the order of business, confirmation of Agenda items,\nincluding late reports and apologies for absence. \nMinutes: \n\n \nIt was noted that the item Local Fund Plus was\ndeferred to the next meeting and the Primary Capital Programme\n– Approval of Construction Contractor was withdrawn. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Declarations of Interest \n \nThis is the time for\nMembers to declare any interest they may have in any matter being\nconsidered at this meeting. Advice is attached. \nMinutes: \n\n \nThere were no\ndeclarations of interest. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t\n \n \nDecisions of the Mayor\nin consultation with the Cabinet made on 24 September 2009. \nMinutes: \n\n \nThe minutes of the Cabinet meeting held on 24\nSeptember were agreed as a correct record. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Joint Strategic Needs Assessment 2009
\n \nReport of the Interim Executive Director for\nAdults, Community and Leisure, Executive Director for Children and\nYoung People, and Divisional\nDirector for Public Health \nAdditional documents: \n\t\t\t\t\t\n
Minutes: \n\n \nThe Mayor in consultation with Cabinet\nconsidered the Joint Strategic Needs Assessment (JSNA).\n This is an annual\nstatutory requirement that is an objective and impartial account of\nthe key health issues in the borough and requires the approval of\nthe Council and the Primary Care Trust (PCT). \n\n Decision \n\n The Mayor in consultation with Cabinet approved the\nJoint Strategic Needs Assessment and noted the recommendations for\npriorities for action to improve health and wellbeing in\nNewham. \n\n Reasons for the Decision \n\n The Joint Strategic Needs Assessment is a\nstatutory document and has to be published annually and the content\ndefined. \n\n \nThe report and decision have complied\nwith Part 4.5, paragraph 16 of the Constitution. \n\nThe decision is not subject to the\nCall-In process and may be implemented immediately. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Local Fund Plus \n\n \nReport of the Divisional Director for\nHighways, Transport and Parking and the Head of Democratic\nServices \n\n Report to follow \nMinutes: \n\n \nThe item was deferred to the next meeting. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Local Government Ombudsman Report \n \nReport of the Monitoring Officer \nAdditional documents: \n\t\t\t\t\t\n
Minutes: \n\n \nJeremy Appleson,\nDeputy Head of Legal Services presented the report which was\nprepared under Section 31(2) of the Local Government Act\n1974. The report set\nout the findings of the Local Government Ombudsman in relation to a\nCouncil Tax debt matter. The Ombudsman has found that the\nCouncil’s actions in obtaining a Bankruptcy Order were\nmaladministration. \nHowever, the Ombudsman is satisfied with the agreed action taken by\nthe Council and therefore has made no recommendation with regard to\nany further remedy required. This report set out the basis of\nthe findings for consideration. \n\n Copies of the full report have been made\navailable for public inspection in accordance with the provisions\nof the Local Government Act 1974 and there has been publicity by\nthe Council and the Local Government Ombudsman in this\nregard. \n\n Decision \n\n The Mayor in consultation with Cabinet agreed to: \n\n \n\n1. \nnote the report of the\nOmbudsman and consider its findings; \n\n\n2. \napprove the remedial action\ntaken by the Council in advance of the Ombudsman’s report;\nand \n\n\n3. \nnote the officer’s\nproposals to exercise their delegated decision powers to write off\nthe debt due and shall notify the Ombudsman accordingly. \n\n Reasons for the Decision \n\n The Council have fully co-operated with an\ninvestigation by the Local Government Ombudsman and reached a\nsolution to the matters raised which the Ombudsman found\nsatisfactory. Therefore\nwhilst there has been a finding of maladministration, which must be\nreported to Members in accordance with Section 31(2) of the Local\nGovernment Act 1974, no further action is required. The matter concerns a decision by\nthe Authority in relation to Council Tax debts due in July\n2004. Under Section\n31(2) of the 1974 Act the Council is required to consider any\nfindings of maladministration and to make a decision as to\nappropriate action to be taken. As set out in this report the\nOmbudsman considers that the Council has already taken satisfactory\naction and the purpose of this report is to formally seek Members\napproval, under the Act, to the actions taken to resolve this\nmatter. \n\n \nThe report and decision have complied\nwith Part 4.5, paragraph 16 of the Constitution. \n\nThe decision is not subject to the\nCall-In process and may be implemented immediately. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Primary Capital Programme - Approval of Construction Contractor
\n \nReport of the Executive Director of Children\nand Young People \n\n Exempt appendix is attached as agenda item\n12 \nMinutes: \n\n \nThe item was withdrawn. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Section 106 Review Update \n \nReport of the Executive Director of Regeneration,\nPlanning and Property \n\n Exempt\nappendices are attached as agenda item 13 \nAdditional documents: \n\t\t\t\t\t\n
Minutes: \n\n \nClive Dutton, Executive Director,\nRegeneration, Planning and Property, presented a report informing\nMembers about the corporate Section 106 Review that has been taking\nplace since July 2008. \nThis Review has seen the creation of two corporate groups, the Task\nForce and the Steering Group, that are undertaking the main bodies\nof work in the Review. \n\n The report also outlines the future of Section\n106 management at LBN. \nThis includes an Action Plan resulting from the lessons learnt from\nthe Review, and opportunities for Member engagement including\ntraining and regular reporting. \n\n Some Members were concerned about ensuring\nproper consultation takes place, particularly in regard to\nchildren’s services. There was consensus that everyone\nwho should be consulted is consulted, and this should be\nrecorded. It was\nresolved that there will be a form for all planning applications\nwith Section 106 agreements consisting of a checklist of\nconsultees. Members\nasked to view the form at a future meeting of Cabinet. \n\n Decision \n\n The Mayor in consultation with Cabinet agreed: \n\n \n\n1. \nto note the work undertaken by\nthe Task Force and the Steering Group on the Section 106 Review to\ndate; \n\n \n\n2. \nto note the future work to be\nundertaken by the Steering Group, as set out in sections 2.2 and\n2.3; \n\n \n\n3. \nthat a report will be coming\nforward to Cabinet to approve an updated version of the Internal\nDevelopment Control Guidance (paragraph 2.2.8); \n\n \n\n4. \nto receive a quarterly report\nto inform Members on Section 106 contributions received from each\ndevelopment, how much money has been spent on projects to date, and\nwhat remains available (paragraph 2.3.0); and \n\n \n\n5. \nthat there will be a form for\nall planning applications with Section 106 agreements consisting of\na checklist of consultees and the form will be presented at a\nfuture meeting of Cabinet. \n\n Reasons for the Decision \n\n To inform Members about the work done to date\nas part of the Section 106 Review and future work to be undertaken,\nas Member engagement is crucial in the successful implementation of\na corporate Section 106 process. \n\n \nThis decision is subject to the call-in\nprocess as the decision was based on part exempt\ninformation. The\ncall-in period will expire at 5pm on 4 November 2009. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\n\t\t\t\t\t Items scheduled on the Forward Plan for this meeting that have not been submitted \n \nSet out in the\nattached report is a list of those items scheduled for this meeting\nwhich have not been submitted and a list of those items scheduled\nto be considered at the next meeting. \nMinutes: \n\n \nThe Mayor noted: \n\n \n\n1. \nthe items originally scheduled for this meeting of Cabinet but\nwhich were not submitted, together with the reason for the delay\nand the rescheduled date; and \n\n \n\n2. \nthose items listed on the Forward Plan scheduled to be considered\nat the next meeting of Cabinet. \n\n Councillor Wilson\nasked why the Urban Design Supplementary Planning Document has been\ndelayed. Clive Dutton agreed to follow it up and inform Councillor\nWilson. \n | \n\t\t
| \n\t\t\t\t\n\t\t | \t\t\t\n\t\t\t\t\t Local Government Act 1972, as Amended by the Local Government (Access to Information) Act 1985 - Exclusion of Press and Public \n\n \nIn accordance with\nSection 100(A)(4) of the Local Government Act 1972, the Committee\nis asked to resolve that the press and public be excluded from the\nmeeting for specific items of business on the grounds that they may\ninvolve the likely disclosure of exempt information as defined in\nthe paragraph of Part I of Schedule 12A to the Act, as amended. \nMinutes: \n\n \n\nAgreed to exclude the press and the public from the remainder of\nthe meeting during consideration of the following exempt\ninformation: \n\n \n\n· \nExempt appendix for agenda item 8 - Primary Capital Programme -\nApproval of Construction Contractor \n\n\n· \nExempt appendices for agenda item 9 - Section 106 Review Update \n | \n\t\t