Agenda and minutes

To confirm the minutes of the meeting held on 15 July 2020 and the extraordinary meeting held on 22 July as a correct record.

The minutes of the Cabinet meeting held on 15 July 2020 and the extraordinary meeting held on 22 July 2020 were agreed as correct records.

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

There were none.

To receive any announcements from the Leader.

The Leader gave the following announcements and the latest service updates from various Council departments:

Due to a continued rise in coronavirus cases, Spelthorne has now been placed on the government’s COVID-19 watch list and is officially an ‘area of concern’. Data shows a sustained rise in coronavirus case numbers in Spelthorne that is out of step with the rest of Surrey and residents are being advised that their support is needed to prevent more serious interventions.

A leaflet has been sent to all homes in the Borough setting out Spelthorne’s response to Surrey County Council’s bid to form a single unitary authority. The leaflet includes details regarding the Extraordinary Council Meeting being held on 24 September and gives an email address for residents to share their views on the proposals.

Spelthorne is stepping up its battle against litter with the launch of the #NoRubbishExcuses campaign. The campaign focuses on streets, parks, playgrounds, the river, wildlife and roads and encourages residents to take their litter home with them. 

Following concerns about anti-social behaviour, new CCTV cameras have been installed at Orchard Meadow car park in Sunbury. The camera will be monitored 24 hours a day along with cameras in Staines centre and elsewhere in the Borough.

Spelthorne Council’s continued efforts to create a cleaner, greener and more colourful borough were recognised as this year’s South & South East in Bloom Awards where we picked up four gold awards for Sunbury, Ashford and Staines Cemeteries and the ever-popular Sunbury Walled Garden.

The Council’s application for the redevelopment of a car park on Victory Close in Ashford for new affordable homes has been validated. If approved, the development will provide a total of 127 homes comprised of 5 family homes, 8 three-bedroom family flats, 78 two-bedroom flats and 36 one-bedroom flats, all with car parking and amenity spaces. Local key workers will have priority for the new homes. 

The Council has been granted a High Court Final Injunction Order against Heathrow Fencing Ltd for various breaches of planning law. The case has been ongoing since 2014, when the Council first advised Heathrow Fencing that they were in breach of planning legislation by unlawfully operating a business and using land to the rear of Gleneagles Close in Stanwell without planning permission. The defendants have been ordered to clear the land within 28 days and pay the Council’s full costs of £18,796.

A consultation has been launched on extending the Council’s powers to tackle dog-related problems. The new powers would require dog owners/walkers to carry the means to collect any faeces and place dogs on a lead in a public area if required to do so by an authorised officer, and also limit the number of dogs that professional dog walkers can look after in public at any one time. The consultation closes on 1 October. In light of the ongoing threat from Covid-19, the Council has taken the difficult decision to cancel public Remembrance parades and wreath laying ceremonies due to be held across  ...  view the full minutes text for item 2756.

Councillor S. Buttar

To consider the recommendation of the Audit Committee following its review of the Corporate Risk Register.

Cabinet considered the recommendation from the Audit Committee on the Corporate Risk Register.

Resolved to approve the Corporate Risk Register as submitted.

Reason for the decision:

The Register summarises the Council’s most significant risks.  It sets out the controls which have been put in place and identifies any further action which might be necessary to mitigate risks.

Councillor S. Buttar

To consider the recommendation of the Audit Committee on amendments to the Anti-Fraud, Bribery and Corruption Strategy and make a recommendation to Council.

Cabinet considered the recommendation of the Audit Committee on amendments to the Anti-Fraud, Bribery and Corruption Strategy.

Resolved to recommend the Anti-Fraud, Bribery and Corruption Strategy, as amended, to Council for approval.

Reason for Decision:

The Strategy forms part of the Council’s Constitution and is in line with best practice. The Strategy continues to underpin the Council’s commitment to prevent all forms of fraud, bribery and corruption, demonstrating the important role it plays in the overall Corporate Governance framework.

Councillor J.R. Boughtflower

To consider the recommendations from the Local Plan Task Group on the draft Preferred Options Consultation response document.

Cabinet considered the recommendation from the Local Plan Task Group to approve the Consultation Response Document for publication.

The Consultation Response Document summarised the representations to the Preferred Options consultation held between November 2019 and January 2020 and included officer responses to the comments made. The Document represented a rearward view by setting out the reasons why policies were drafted and sites selected in the manner agreed upon at the time of the consultation. It does not make any decisions on the future direction of the Local Plan and the sites that will or will not be selected to progress to the next stage.

To reflect some of the comments of the Task Group a section had been added to set out the purpose of the document and explain that it would be for the Task Group to develop the Local Plan in light of the responses to the consultation.

Resolved to approve publication of the Consultation Response Document.

Councillor J.R. Boughtflower

To consider any recommendations from the Property and Investment Committee arising from its meeting held on 16 September 2020.

Reason for exemption

The report and appendices attached to the recommendation contain 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 Paragraph 3 – 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 in order to enable regeneration in the Borough.

Cabinet considered a recommendation from the Property and Investment Committee on the acquisition of property ‘AA’, a key retail unit in the High Street,  Staines upon Thames providing an opportunity for strategic regeneration within the Borough. 

Resolved to:

1.    Approve the acquisition of the site (property ‘AA’) for strategic regeneration within the Borough;

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

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; and

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

Reason for Decision

This regeneration acquisition directly supports the Council’s longer term sustainability vision for the town centre, enabling reduced reliance on mainstream retail and a transition towards more diversified uses including residential.  Moreover, it enables the Council to attain control of a key High Street unit that is currently integrated and focal to the shopping centre, and strategically important to the wider Staines-upon-Thames town centre and the Council’s regeneration aspirations.  The acquisition provides a long term residential led, mixed-use development opportunity for the Council.

Councillor M. Attewell

To consider the payment of a grant to A2 Dominion to support the delivery of 26 homes for affordable rent subject to the completion of a legal agreement.

Cabinet considered a report seeking approval for the payment of a grant to A2Dominion to support the provision of 26 homes on the former Brooklands College site, Ashford, for Affordable Rent. This was a complex case concerning liability for the Community Infrastructure Levy as a result of the transfer of the site from Brooklands Helix to A2Dominion.

Alternative options considered and rejected by Cabinet:

·         Do nothing         

·         Consider the use of Neighbourhood CIL to fund the affordable housing.  This was rejected as it was likely to be a lengthy process

Resolved to approve the payment of grant to A2Dominion as detailed in the report, to support the delivery of 26 homes for Affordable Rent, subject to the completion of a legal agreement which will allow the Council to reclaim the grant should Brooklands Helix successfully challenge the Council’s decision in relation to the CIL demand.

Reason for Decision:

The Council is committed to enabling the delivery of more affordable homes in Spelthorne, and this will secure the delivery of 26 new homes for Affordable Rent in the centre of Ashford, for local residents in housing need.

Councillor S. Buttar

To note the Capital spend for the period April to June 2020.

Cabinet considered a report on the current level of capital spend covering the period April to September 2020.

Resolved to note the current level of capital spend.

Councillor S. Buttar

To note the Revenue spend for the period April to June 2020.

Cabinet considered a report on the current level of revenue spend for the period April to September 2020.

Resolved to note the current level of revenue spend.

Councillor J. Boughtflower

To consider approval of the Annual Asset Investment Report.

Cabinet considered the Annual Investment Report (AIR) 2020 which sets out the performance of the investment and regeneration portfolio as at the end of March 2020. It fully reflects the impact of COVID-19 in the last few weeks of March.

Alternative options considered and rejected by Cabinet:

·         To not approve the report.

Resolved to approve the Annual Investment Report.

Reason for Decision

The report sets out a clear picture of the Council’s investment and regeneration assets as at the end of the financial year March 2020 ensuring there is full transparency of the portfolio and its performance.

Councillor J. Boughtflower

To consider approval of the Asset Management Plan for 2020 – 2025.

Cabinet considered the Asset Management Plan (AMP) which sets out how the Council will support the delivery of its Capital Strategy which was approved by Council in February 2020.  The Asset Management Plan was written prior to COVID-19 and subsequently amended to include an opening paragraph regarding this.

The purpose of the Plan is to ensure that the property assets owned by the Council are used, developed, fit for purpose and managed effectively thus representing value for money for the Council’s residents. 

Alternative options considered and rejected:

Not to approve the AMP –  this would result in the Council not being in a position to clearly set out and define its intentions on how it will be managing its assets or development programme.

Resolved to:

1.    Approve the Asset Management Plan (AMP) for the period 2020 to 2025; and

2.    Delegate authority for any annual updates which may be required (excluding any substantive changes in approach) to the Group Head for Regeneration and Growth in consultation with the Deputy Leader who has responsibility for Asset Management.

Reason for Decision

The Asset Management Plan will minimise long term risk and help sustain the local economy and ensure continued and effective delivery of Council services.

Councillor J. McIlroy

To consider the Community Asset Policy and any recommendations arising from the Extraordinary Overview and Scrutiny Committee which is considering this matter at its meeting on 22nd September 2020.

Cabinet considered a report on the proposed Community Asset Policy which set out how the Council will advertise any opportunities which arise for the use of its assets to organisations and community groups, and how applications would be assessed in an open and transparent way.

The Leader invited Councillor V.J. Leighton, Chairman of the Overview and Scrutiny Committee, to address the Cabinet on the recommendations from the extraordinary meeting held on 22 September 2020. The recommendations were:

1.    This Committee invites Cabinet to order a reconsideration of the policy taking into account Overview & Scrutiny Members' views and come back with a revised report and score card, to better reflect supporting organisations, including small and young organisations, of value to the community, giving Overview & Scrutiny members 10 days to make submissions.

2.    That further work is done to collate a full list of all assets to which this policy relates and that this will be appended to the policy.

Councillor Leighton reported that the principle of the introduction of a policy for open and transparent assessment of the borough's municipal assets was welcomed across the Committee. 

However, the Committee expressed concern that the points-based system of evaluating applications for leases of assets was weighted towards established organisations with existing funding.  Whilst the committee understood the need for a proper assessment of the potential viability of applicants to ensure best use of the Council's assets and resources, smaller or newer organisations with potentially much to offer would not fare so well if the decision rested on the matrix result. The committee therefore felt that score should be balanced by greater weight being placed on criteria such as value to the borough. Councillor Leighton explained the request that Overview and Scrutiny Committee might have an additional opportunity to make submissions before a final decision was made by Cabinet, reflected the depth of concern. 

The Committee also agreed that for clarity and transparency, the list of assets should be updated to include all community assets owned by the Council and that this was appended to the policy. 

The Deputy Leader, Councillor J. McIlroy, who had attended the Overview and Scrutiny Committee welcomed their comments and agreed they were valid points for consideration.

He was content with the second recommendation which would ensure everyone understood which of the Council’s buildings would be offered out to the community.

He agreed there was an opportunity to refine the policy and the scorecard to better reflect supporting smaller and younger organisations of value to the community. However, he felt it was not necessary for the revised policy and scorecard to then be re-circulated back to Overview and Scrutiny Committee members for their views as he and the officers were confident they understood what changes the Committee was seeking.

He said it was important that the policy (as revised) was implemented as soon as possible so that community groups could start to bid for and access these opportunities as soon as they arose.

Councillor McIlroy recommended that the Cabinet  ...  view the full minutes text for item 2766.

To note the urgent actions taken by the Chief Executive in consultation with the Leader, since the last meeting of the Cabinet on 15 July 2020.

Cabinet noted urgent actions taken by the Chief Executive in consultation with the Leader since the last Cabinet meeting in July 2020.

Councillor R. Chandler

To note the results of the consultation exercise on proposals for a new Spelthorne Leisure Centre, consider design proposals and make a recommendation to Council on a supplementary capital estimate, outlined in the confidential Appendix 5, to cover the projected costs of developing the new centre.

Reason for partial exemption

Appendix 5 to the report contains 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 Paragraph 3 – 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 tendering process for a developer to build the new leisure centre, allowing tenderers to know the Council’s estimated costs and budget for this development.  This in turn prejudices the Council by (i) distorting the tendering process and (ii) prejudicing the opportunity for the Council to get the most financially advantageous deal for building the new centre.

Cabinet considered a report on the replacement of Spelthorne Leisure Centre.

The current Spelthorne Leisure Centre in Staines-upon-Thames had served the borough well, but was likely to be nearing the end of its useful life by the end of 2021. In view of the importance of this Centre to the community, a feasibility exercise was undertaken to assess options for replacing the current facility. Cabinet had made a decision in January 2020 to pursue the development of a new leisure centre which met modern standards and today’s customer expectations.

A consultation exercise on the Council’s revised proposals was undertaken from February to April 2020, building on the information gathered from the first consultation undertaken in summer 2018.

Alternative options considered and rejected by Cabinet:

·         pursue development of a leisure centre which does not meet the full Passivhaus standard

·         propose an alternative option for the development of a new leisure centre

·         not to proceed with the development of a new leisure centre

Resolved to:

Reason for Decision

To ensure that the Council can progress with proposals to develop a new Spelthorne Leisure Centre before the current facility becomes unviable to operate.

To consider any items which the Chairman considers as urgent.

There were none.

To move the exclusion of the Press/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.

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 J. McIlroy

To consider an exempt report and make a recommendation to Council on an increase in spend to deliver an additional 19 units for this development.

Reason for exemption

This report contains 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 Paragraph 3 – 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 agreeing final financial and contract terms with the preferred bidder. If the bids were to be made public then it may make the Council vulnerable to a renegotiation with the preferred bidder.

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 on the construction costs for Victory Place, Ashford.

Alternative options considered and rejected by the Cabinet:

·         Delay works

·         Do nothing

Resolved to:

1.    Recommend to Council to approve the increase in Capital spend for construction works, from £16.25m to £25.93m. This increase delivers an additional 19 units over and above the initial feasibility;

2.    Authorise the Group Head of Corporate Governance to enter into any legal documentation necessary to implement this construction project; and

3.    Approve the appointment of the contractor to undertake these works as contained in this paper.

Reasons for Decision

·         To facilitate the development of much needed key worker (a version of affordable) and S106 affordable, housing primarily for our Borough’s key workers including adjacent NHS staff. The site also has a history of antisocial behaviour and our proposals will contribute towards the regeneration of this area.

·         To reflect the Council’s firm intention to provide more affordable housing in the Borough.

·         To meet the needs of local residents by improving the quality and quantum of residential accommodation within the Borough.

·         To increase the provision of well managed and affordable rental properties within the Borough.

Councillor J. McIlroy

To consider an exempt report and make a recommendation to Council on an increase in the spend for construction works to provide an additional 34 residential units and community space on the ground floor.

Reason for exemption

This report contains 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 Paragraph 3 – 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 obtaining best value and agreeing final contract terms with the preferred bidder. If the underbidders bids were to become public knowledge then this may put the Council in a position where they are vulnerable to a renegotiation with the preferred bidder.

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 on the construction costs for Ceaser Court Phase 2, Sunbury-on-Thames.

Alternative options considered and rejected by the Cabinet:

·         Delay works

·         Do nothing

Resolved to:

1.    Recommend to Council to approve the increase in spend for the construction works from £13.3m to £18.913m (cost for both Phases I and II). This increase delivers an extra 34 residential units and community space on the ground floor;

2.    Authorise the Group Head of Corporate Governance to enter into any legal documentation necessary to implement this construction project; and

3.    Approve the appointment of the contractor to undertake these works as contained in this report,

subject to officers providing some additional information and technical clarification within the report, with such information being provided to the Leader and Deputy Leader prior to publication for Council on 22 October 2020.

Reasons for Decision

·         To facilitate the development of much needed rental and affordable housing in the Borough. The scheme provides a total of 36 apartments and will contribute a minimum of 8 affordable units (subject to planning). There is clear intention to provide further affordable units, once technical planning viability negotiations have been completed.

·         The ground floor will provide a new community facility.

·         To increase the provision of well managed rental properties within the Borough .

·         To provide a long term income stream for the Council. 

Councillor M. Attewell

To consider an exempt report proposing the award of the tender for the Managed Service Provider at White House and Harper House.

Reason for exemption

This report contains 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 Paragraph 3 – 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 a competitive procurement process by allowing other bidders to know the financial position of the Council and other bidders. This in turn prejudices the Council by (i) distorting the procurement process and (ii) prejudicing the opportunity for the Council to achieve a competitive price and good value for money and (iii) might dissuade organisations bidding for the Council's tenders if their commercial information was put into the public domain.

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 on the tenders for the managed service provider of White House and Harper House.

Following a successful procurement exercise, a preferred bidder was identified to deliver a Managed Service at White House and Harper House which will consist of specialist housing management and intensive resident support for some of our most vulnerable homeless residents.

Alternative options considered and rejected by the Cabinet:

·         Do nothing

·         Award the tender to one of the other bidders

The Leader invited Cllr C. Bateson, as ward councillor to speak on the item. Cllr Bateson commented that there was still huge concern from residents as to how the White House would be managed. He noted the cost difference between the preferred bidder and one of the other tenders and asked whether the preferred bid would meet the Council’s needs, how the Council would monitor the performance of the provider and the provisions within the contract.

Officers responded that they were satisfied the preferred bidder had addressed the requirements in the high level specification document that formed part of the tender, in many instances exceeding those. The Council was also satisfied that the preferred bidders’ plans and ability to move clients onto settled occupation, would be met.  They confirmed that there were robust Key Performance Indicators (KPIs) within the contract and bidders were aware of these at the time they submitted a tender. The contract had also been drafted with mechanisms to monitor performance and should any be in default, the contract included termination provisions.

Resolved to:

1.    Agree to award the tender for the Managed Service Provider at White House and Harper House to the provider named in this report;

2.    Authorise the Group Head of Corporate Governance to enter into any legal documentation necessary to formalise the appointment; and

3.    Note the financial implications of the award of the tender, which will be addressed as part of annual budget setting for the 2021/22 financial years onwards.

Reasons for Decision

The provider will bring a wealth of experience and expertise to the service.

The services have been competitively tendered for and represent good value to the Council.