Agenda and minutes

To confirm the minutes of the meeting held on 22 November 2017 as a correct record.

The minutes of the Cabinet meeting held on 22 November 2017 were agreed as a correct record.

To receive any disclosures of interest from councillors in accordance with the Council’s Code of Conduct for members.

There were none.

Councillor Gething

To receive and respond to a petition seeking an alternative to trains using their horns as they approach the footpath crossing at Shortwood Common, Staines-upon-Thames.

In accordance with Standing Order 16.4 in the Constitution, the options available to Cabinet are:

(a) to take the action the petition requests; or

(b) not to take the action requested for reasons put forward in the debate; or

(c) to note the petition and keep the matter under review.

Cabinet received a petition signed by 88 residents seeking an alternative solution to trains using their horns as they approach the footpath at Shortwood Common, Staines-upon-Thames.

Mrs Sheila Davies spoke on behalf of the petitioners explaining the effect on both their physical and mental health of being disturbed by train horns throughout the day and late into the night.

Councillor Gething, Portfolio Holder for Environment acknowledged on behalf of the Council, that the noise from train horns was affecting residents who live close to the Shortwood Common pedestrian railway crossing during the day and until late at night. He expressed his sympathy for the residents and commented that although the decision to address the residents’ concerns lay with Network Rail, the Council would assist as best it could to ensure the most suitable option was pursued.

Councillor Mooney, as County Councillor for Staines-upon-Thames, spoke in support of the residents’ petition.

The Leader, Councillor Harvey, added his sympathies for the residents’ situation and confirmed that the Council would do all it could to ensure Network Rail finds a mutually satisfactory solution.

Resolved to note the petition seeking an alternative solution to trains using their horns as they approach the footpath at Shortwood Common, Staines-upon-Thames and to keep the matter under review.

Reason for Decision:

On its own the Council cannot effect a change in the noise disturbance being caused by train horn soundings.  Network Rail is considering alternative options but these will not be scheduled until 2022. They will consider the possibilities for interim measures until then.

Councillor Williams

To consider the recommendations of the Chief Finance Officer on the Outline Budget 2018-19 to 2021-22.

Cabinet considered a report on the Outline Budget 2018-19 to 2021-22 which summarised the medium term financial strategy in place designed to generate offsetting income, deliver efficiencies and to mitigate the projected budget gaps.

There were no alternative options considered by Cabinet.

Resolved that:-

1.    The net budgeted expenditure (before investment and use of reserves) for 2018-19 be set at a maximum level of £11.3m;

2.    Cabinet support the overall strategy set out in the report for addressing efficiencies and achieving medium term financial sustainability; and

3.    the financial health indicators set out in paragraph 3.21 be agreed.

Reason for Decision.

The recommended options set out in the Report will help to ensure the ongoing financial sustainability of the Council.

Councillor Williams

To consider a request to approve a supplementary Capital Programme provision for asset acquisitions and to make a recommendation to Council.

Cabinet considered a report seeking approval for a supplementary Capital Programme provision of £200m for asset acquisitions.

The proposal to increase the borrowing limits was on the basis that the additional borrowing would be prudentially affordable: any borrowing would be fixed long term and used to fund high quality assets generating net revenue surpluses which would more than cover the financing costs.

The proposal would give Cabinet the ability to consider additional investment opportunities above the current limits but in each case Cabinet would receive a detailed evaluation of the business case and risks in order to decide whether to agree to individual investment proposals.

Alternative options considered and rejected by the Cabinet:

·         Not to agree the supplementary Capital Programme provision.

Resolved that Cabinet agrees to recommend that Council:-

1.    Approves the supplementary capital estimate for property acquisitions within the Borough of £200m for 2017/18  to support the economic development and well-being of the Borough and investment purposes;

2.    Agrees the revised set of prudential indicators which include increasing the operational boundary and authorised limit for external debt by £200m; and

3.    Re-confirms the Council’s Minimum Revenue Provision policy to ensure prudent provision is made to cover repayment of loans.

Reason for Decision

In order to ensure the ongoing financial sustainability of the Council and its ability to provide services to residents in the face of funding reductions and pressures, the Council needs to be able to continue to generate additional ongoing income through making further income generating asset acquisitions.

Councillor Harvey

To consider the adoption of property investment strategic parameters.

Cabinet considered a report seeking approval of Property Investment Strategic Parameters.

The proposed Property Investment Strategic Parameters outlined:

a.    The purposes for which the Council invests in property acquisitions, and

b.    The conditions which must be met for investing for revenue generation and/or social investment purposes.

Alternative options considered and rejected by the Cabinet:

·         to continue to make investment decisions without any specified parameters

Resolved: Cabinet approved the Property Investment Strategic Parameters.

Reason for Decision

This document enables the Council to be transparent about the reasons why the Council invests in property acquisitions, and the conditions which must be met for investing for revenue generation and/or social investment purposes.

Councillor Barnard

To agree Spelthorne Borough Council’s response to the revised draft Airports National Policy Statement.

Cabinet considered a report on Spelthorne Borough Council’s response to the revised draft ‘Airports National Policy Statement: New Runway Capacity and Infrastructure at Airports in the South East of England’.

The purpose of the draft Airports National Policy Statement was to provide the basis against which a formal proposal for the provision of a new northwest runway at Heathrow would be assessed. 

Alternative options considered and rejected by the Cabinet:

·         The only other option was ‘no response’ which would not be in the best interests of Spelthorne’s residents and businesses.

Resolved that Cabinet agrees Spelthorne Borough Council’s response to the revised draft Airports National Policy Statement.

Reason for Decision

The Council supports the expansion of Heathrow subject to noise, air quality and transport issues being resolved.  It is therefore important to respond to these consultation documents as they will influence the way in which detailed proposals for expansion are assessed.

Councillor Harvey

To consider the proposed calendar of meetings for 2018-2019 and make a recommendation to Council.

The Cabinet considered a report on a calendar of meetings for the period from May 2018 to May 2019.

The meetings had been programmed to ensure that the Council makes decisions in a timely way to help with the implementation of its priorities and strategies, as well as fulfilling its constitutional and legal obligations.

Resolved to recommend the calendar of meetings for 2018-2019 to Council for approval.

Reason for Decision

The calendar of meetings provides a framework for the democratic and decision-making procedures that will underpin the delivery of the Council key priorities.

To receive any announcements from the Leader.

The following are the latest service updates from various Council departments.

The Benwell Centre in Sunbury-on-Thames has received £1,300 from Tesco’s Bags of Help community grant scheme which raises money from the sale of carrier bags. The Centre applied for funding to help it create a gardening club for its members and residents of Mitchison Court. The money will be used for all the essential items needed to get the garden up and running, such as tools, plants, seeds, bulbs and a greenhouse.

Following an upgrade, the council’s website and intranet forms are being rebuilt. All forms will be recreated by 31 December and comply with the new data protection regulations coming into effect in May. 

A number of councillors have donated money from their Better Neighbourhood Grants to buy Christmas gifts for the council’s Meals on Wheels clients. London Irish Rugby Club is also donating gifts for these residents and will be delivering them to the Fordbridge Centre on 21 December.

Spelthorne Council has now published its Green Belt Assessment which sets out how areas of the borough are performing against Green Belt criteria. The assessment will form part of the council's evidence for the Local Plan which identifies the needs of the borough in relation to housing, the economy, community facilities and infrastructure.

Council Tax payers who claim the single person discount are being asked to confirm whether they still qualify.

Three local secondary schools were invited to the council offices to learn about parliament and take part in a Commons-style debate, chaired by Kwasi Kwarteng MP. This follows on from October’s Junior Democracy Event and quiz which was hotly contested by 11 junior school teams.

ICT is progressing with a network refresh and improving the wi-fi coverage across the council offices. This work is being done at the weekends to minimise disruption.

Procurement and Contract Management have presented a report to the Overview and Scrutiny Committee with recommendations on how the council can increase the amount of goods and services sourced from local businesses.

The Project team is continuing to support a range of projects including a piece of work being carried out with Housing in readiness for the Homelessness Reduction Act which comes into force next April. Work to ensure the council complies with the new data protection regulations being introduced next May is also ongoing.

The Asset team has moved to Room 101 and is helping to set up the ‘business incubator’, a work space in the council offices for local start-ups.

The national waste performance statistics for 2016/17 were published by Defra this week and show that Surrey now has the joint highest recycling rate out of the 32 two-tier areas in England, at 57.7%.

Changes to the Christmas rubbish and recycling collections have been kept to a minimum this year to reduce disruption to residents. Details have been published on the website and in the winter Bulletin.

Neighbourhood Services is reminding residents that there is still time to order a food caddy to  ...  view the full minutes text for item 2436.

To consider any items which the Chairman considers as urgent.

The Chairman agreed to take an urgent confidential item on the acquisition of property I at the end of the agenda.

The matter was urgent as the Council had only received confirmation of the opportunity to bid after the agenda had been published.

To move the exclusion of the Press/Public for the following item, in view of the likely disclosure of exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006.

Resolved to move the exclusion of the Press and Public for the following items in view of the likely disclosure of exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006.

Councillor Harvey

To consider the acquisition of a site as an investment asset.

Reason for exemption

This report contains exempt information within the meaning of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006): Information relating to the financial or business affairs of any particular person (including the authority holding that information)  and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in the bidding process for the site by allowing other bidders to know the position of the Council.  This in turn prejudices the Council by (i) distorting the bids process and (ii) prejudicing the opportunity for the Council to acquire a site through the Council for the prudent management of its financial affairs.

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

Cabinet considered a confidential report on the acquisition of a site as an investment asset.

Alternative options considered and rejected by the Cabinet:

·         Formally agree not to submit a bid  

Resolved that Cabinet:

1.    Approves the acquisition of the investment asset identified in this report;

2.    Formally agrees the offer submitted, and authorise the Chief Executive 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.    Authorises 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.    Authorises the Head of Corporate Governance to enter into any legal documentation necessary to acquire the asset; and

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

Reason for Decision

It is anticipated that the acquisition of this property will:-

1.    bring in a steady income stream for the term of the multiple leases with different durations, and

2.    provide an income stream which shall assist in the future ongoing financial stability of the Council.

Councillor Harvey

To consider the acquisition of a site as an investment asset.

Reason for exemption

This report contains exempt information within the meaning of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006): Information relating to the financial or business affairs of any particular person (including the authority holding that information)  and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because, disclosure to the public would prejudice the financial position of the authority in the bidding process for the site by allowing other bidders to know the position of the Council.  This in turn prejudices the Council by (i) distorting the bids process and (ii) prejudicing the opportunity for the Council to acquire a site through the Council for the prudent management of its financial affairs.

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

Cabinet considered a confidential report on the acquisition of a site as an investment asset.

Alternative options considered and rejected by the Cabinet:

·         Formally agree not to submit a bid  

Resolved that Cabinet:

1.    Approves the acquisition of the investment asset identified in this report;

2.    Formally agrees the offer submitted, and authorise the Chief Executive 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.    Authorises 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.    Authorises the Head of Corporate Governance to enter into any legal documentation necessary to acquire the asset; and

Reason for Decision

It is anticipated that the acquisition of this property will:-

1.    bring in a steady income stream for the term of the lease and

2.    provide an income stream which will assist in the future ongoing financial stability of the Council.