Decisions

Cabinet considered a report requesting approval of a supplementary capital estimate for property acquisitions within the Borough to facilitate sufficient income to enable the Council to deliver its housing and regeneration programme.

There were no alternative options considered by Cabinet.

Resolved to recommend to Council:

1.    To approve supplementary capital estimate for property acquisitions within the Borough of £594.859m for 2018/19 to facilitate generating sufficient income to enable the Council to progress its housing and regeneration projects across the Borough;

2.    To agree the revised set of prudential indicators which include increasing the operational boundary to £1,500m and £1,520m for Authorised Limit for 2018/19;

3.    To agree the interim policy on Borrowing in Advance of Need until Council agrees its new Investment Strategy; and

4.    To reconfirm the Council’s Minimum Revenue Provision policy to ensure prudent provision is made to cover repayment of loans

Reason for recommendation:

The Council needs to be able to continue to generate additional ongoing income to deliver its ambitious housing and regeneration programme across the Borough and to help meet the needs of its residents identified in the Corporate Plan.

Cabinet considered a report seeking confirmation of the Council’s willingness, in principle, to use compulsory purchase and / or appropriation powers in order to enable development of 116, 118 and 120 High Street, Staines-upon-Thames.

Alternative options considered and rejected:

To do nothing and allow market forces to determine whether the land is finally developed in accordance with the Council’s aspirations.

Resolved:

1.    To approve the principle of the Council’s willingness to use compulsory powers to acquire or appropriate third party land and buildings for planning purposes, shown edged green on the plan in Appendix 1 to the report and such other incidental and adjoining interests in land which would facilitate and enable viable and deliverable development in connection with the creation of a housing development at Charter Square (formerly known as Majestic House), High Street, Staines, in order to improve the Borough’s economic, environmental and social wellbeing;

2.    That the Head of Regeneration Growth in consultation with the Cabinet Members for Finance and Planning and Economic Development be authorised to undertake preparatory work for the use of a compulsory purchase order up to an initial budget of £150,000; and

3.    To note the use of compulsory powers are subject to:

•      The Council using reasonable endeavours to assemble the development site by agreement or private treaty.

•      Approval by the Planning Committee of a suitable scheme for the comprehensive development of this site and 116, 118 and 120 High Street.

•      The Council being satisfied that there is a viable business plan and funding strategy, together with a preliminary property cost estimate detailing the costs of making and confirming any Compulsory Purchase Order and/or appropriation; and

•      In the event the Council and its development partners are unable to assemble the development land by agreement or private treaty, that a further report is presented to the Cabinet seeking authority to make a full and unconditional Compulsory Purchase Order for the site and to acquire or appropriate the site for planning purposes

Reasons for decision:

Government guidance in Circular 10/2015 ‘Compulsory purchase and the Crichel Down Rules’ make it clear that compulsory powers should only be exercised where there is a compelling case in the public interest.

Knowing the Council is prepared to use compulsory powers may be sufficient to bring parties to the negotiating table. However, the report also seeks specific authority to commence preparatory compulsory purchase procedures in respect of the site so that the Council will be in a position to proceed quickly to make a decision so that it can acquire all necessary interests in the land to enable development.

Officers would be required to obtain further Cabinet authority prior to the making of a Compulsory Purchase Order or appropriating land or rights over land. 

Cabinet considered a report seeking confirmation of the Council’s willingness, in principle, to use compulsory purchase and / or appropriation powers in order to enable development of 15 London Road, and an unregistered site next to it, Staines-upon-Thames.

Alternative options considered and rejected:

To do nothing and allow market forces to determine whether the land is finally developed in accordance with the Council’s aspirations.

Resolved:

1.    To approve the principle of the Council’s willingness to use compulsory powers to acquire or appropriate third party land and buildings for planning purposes, shown edged red on the plan in Appendix 1 to the report and such other incidental and adjoining interests in land which would facilitate and enable viable and deliverable development in connection with the creation of a housing development at 17-51 London Road in order to improve the Borough’s economic, environmental and social wellbeing;

2.    That the Head of Regeneration Growth in consultation with the Cabinet Members for Finance and Planning and Economic Development be authorised to undertake preparatory work up to an initial budget of £150,000 for the making of a compulsory purchase order; and

3.    To note that the use of compulsory powers are subject to:

•      The Council using reasonable endeavours to assemble the development site by agreement or private treaty.

•      Approval by the Planning Committee of a suitable scheme for the comprehensive development of this site and 17-51 London Road

•      The Council being satisfied that there is a viable business plan and funding strategy, together with a preliminary property cost estimate detailing the costs of making and confirming any Compulsory Purchase Order and/or appropriation; and

•      In the event the Council and its development partners are unable to assemble the development land by agreement or private treaty, that a further report is presented to the Cabinet seeking authority to make a full and unconditional Compulsory Purchase Order for the site and to acquire or appropriate the site for Planning purposes.

Reasons for decision:

Knowing the Council is prepared to use compulsory purchase powers may be sufficient to bring parties to the negotiating table. However, the report also seeks specific authority to commence preparatory compulsory purchase procedures in respect of the site so that the Council will be in a position to proceed quickly to make a Compulsory Purchase Order so that it can acquire all necessary interests in the land to enable development.

Officers would be required to obtain further Cabinet Authority prior to the making of a Compulsory Purchase Order or appropriating land or rights over land. 

Government guidance in Circular 10/2015 ‘Compulsory purchase and the Crichel Down Rules’ make it clear that compulsory powers should only be exercised where there is a compelling case in the public interest.

Cabinet considered a report on a proposed fee setting policy and fees for the licensing of Houses in Multiple Occupation (HMOs).  A revised licensing scheme is required as the definition of a licensable HMO will change with effect from 1 October 2018 and consequently the number of properties in Spelthorne requiring a licence will significantly increase.

Alternative options considered and rejected by Cabinet:

·         Not to adopt the HMO fees and fee setting policy

·         To adopt the HMO fees and fee setting policy with amendments

Resolved to:

1.    Adopt the proposed fee setting policy for the licensing of houses in multiple occupation, and

2.    Agree to delegate authority to determine the fees under this policy for 2018/19 to the Leader in consultation with the Portfolio Holder.

Reasons for decision

•      The proposed fee setting policy is designed to reward landlords who comply with their legal requirements, while ensuring non-compliant landlords pay for the additional Council resources used towards achieving their compliance.

•      The fee setting policy directs the cost of the Council’s statutory duties for licensing houses in multiple occupation to those who benefit financially from them, rather than council tax payers.

Cabinet considered an urgent report on the procurement of new vehicles for the Meals-on-Wheels service, seeking to exempt Contract Standing Orders and award the contract to Apetito to ensure that the Council is able to provide continuation of services with a fit for purpose fleet of vehicles.

The report was urgent because the lead in time to instruct Apetito to order new vehicles for delivery by 14 January 2019, had only recently been confirmed as 16 weeks. This meant the order must be placed by no later than 1 September 2018 which is before the next scheduled meeting of Cabinet.

Alternative options considered and rejected:

To undertake a tender exercise to see whether any other providers are able to provide the vehicles required.

Cabinet requested further details of the contract and leasing arrangements to be circulated before making its decision.

Resolved:

1.    that subject to further details of the current arrangements being circulated to Cabinet,

2.    to delegate approval of an exemption to Contract Standing Orders to the Portfolio Holder for Community Wellbeing, in consultation with the Leader or the Portfolio Holder for Finance, to enable officers to make an order for specialised vehicles for the Meals-on-Wheels contract with Apetito.

Reason for decision

The specification required for this service is considered quite niche to Apetito as the Council requires meals that can be cooked whilst in transportation due to lack of kitchen facilities.

Cabinet considered a report proposing a move from nationally agreed pay awards and terms and conditions for staff to local Spelthorne arrangements for pay awards, and incorporating the current national conditions of service that apply to Council employees into local Spelthorne terms and conditions of employment terms and conditions.

Alternative options considered and rejected by Cabinet:

To continue to apply national pay awards and national terms and conditions.

Resolved to recommend Council:

1.    To agree that the Council takes steps to move to local arrangements for agreeing future pay awards for all employees;

2.    To agree that the Council takes steps to move to local terms and conditions for all employees;

3.    To agree formal proposals for consultation with UNISON and employees;

4.    To agree a timetable and process for implementing the move to local pay and conditions from April 2019;

5.    To delegate to the Chief Executive (in consultation with the Leader) authorisation to formally conclude a Collective Agreement with UNISON on local pay awards and local terms and conditions; and

6.    To delegate to the Chief Executive authorisation to consult directly with staff on local pay awards and local terms and conditions if a Collective Agreement with UNISON cannot be reached by 31 August 2018.  This may run in parallel with any continuing consultation with UNISON to finalise the terms of any Collective Agreement.

Reasons for recommendation

The Council will in future be more self-sufficient and able to take account of local circumstances and affordability.

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information.

Cabinet considered an exempt report regarding the acquisition of Property ‘N’.

Alternative options considered:

Formally agree not to submit a bid

Resolved to:

1.    Approve the acquisition of the investment assets identified in this report;

2.    Formally agree the offer submitted, and authorise the Chief Executive (and delegated Officers) to undertake any necessary subsequent negotiations (including a further bid if required) and complete the acquisition of the asset (in consultation with the Chief Finance Officer, the Leader and the Cabinet Member for Finance);

3.    Authorise the Chief Finance Officer to decide (i) the most financially advantageous funding arrangements for the purchase, (ii) the most tax efficient method of holding the asset, and overall to ensure the acquisition is prudentially affordable; 

4.    Authorise the Head of Corporate Governance to enter into any legal documentation necessary to acquire the asset; and

5.    Agree to exempt Contract Standing Orders in respect of our advisors.

Reason for decision:

It will bring in a steady income stream for the term of the multiple leases with different durations.

In order for the Council to deliver its ambitious housing and regeneration programme across the Borough to help meet the needs of its residents, the Council needs to generate additional income to offset the revenue impacts of undertaking these projects across the Borough.

Cabinet considered the recommendations of the Independent Remuneration Panel on the type of allowances and amounts to be paid in the Members’ Allowances Scheme for 2018/19.

It was moved and seconded that:

1.            The report of the IRP be received and the Panel thanked for its work.

2.            The recommendations of the Panel be accepted with the exception of increases to Special Responsibility Allowances.  These should increase by the same amount as the Basic Allowance, which is by reference to the staff pay award for 2018/19.

3.            The reasons for this decision be respectfully communicated to the Panel for its information. 

Resolved to recommend to Council that:

1.            The report of the IRP be received and the Panel thanked for its work;

2.            The recommendations of the Panel be accepted with the exception of increases to Special Responsibility Allowances. These should increase by the same amount as the Basic Allowance, which is by reference to the staff pay award for 2018/19; and

3.            The reasons for this decision be respectfully communicated to the Panel for its information.