Agenda and decisions

An apology for absence was received on behalf of Councillor Woodley.

NOTED

The Chair will consider the admission of any late items of Urgent Business. (Late items of Urgent Business will be considered under the agenda item where they appear. New items of Urgent Business will be dealt with under Item 19 below. New items of exempt business will be dealt with at Item 22 below).

There were no items of urgent business.

The Mayor advised that there were two TO FOLLOW reports at Items 8 & 9 and reasons for lateness would be given when the meeting reached that item.

The Mayor also advised that the order of business would be varied to consider agenda item 17 after item 3.

NOTED

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

There were no declarations of interests.

NOTED

On occasions part of the Cabinet meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains provision for consideration of exempt items as set out at Item 20 : Exclusion of the Press and Public.  No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet meeting will be partly held in private for the reasons set out in this Agenda.

There were no representations received.

NOTED

There were none.

NOTED

To agree the minutes of the previous meeting of Cabinet held on 29 June 2020.

RESOLVED

That the unrestricted minutes of the Cabinet held on 29 June 2020 be agreed as an accurate record of the proceedings.

To receive and note the unrestricted minutes of the Cabinet Procurement Committee held on 8 June 2020 as an accurate record of the proceedings.

RESOLVED

That the unrestricted minutes of the Cabinet Procurement Committee held on 8 June 2020 be received and noted.

This report  will advise Cabinet of the May 2020 OFP latest position on the Council’s budgetary position in 2020/21.  The report is marked ‘TO FOLLOW’  as the Council is awaiting notification of its allocation of the Government’s third tranche of Emergency Funding  which will be incorporated into the report.

Reasons for lateness of report stated.

RESOLVED

That the overall financial position for May 2020, covering the General Fund and HRA, be agreed.

  REASONS FOR DECISION

  To facilitate financial management and control of the Council's finances

  CHILDREN, ADULT SOCIAL CARE AND COMMUNITY HEALTH (CACH)

The CACH directorate is forecasting an overspend of £13.0m after the application of reserves and drawdown of non-COVID-19 grants. COVID-19 related expenditure accounts for £11.5m of the reported overspend. A detailed explanation of the additional COVID-19 costs follows this narrative.

Children and Families Service (CFS)

The service is forecasting a £2.208m overspend against budget after the application of reserves. This includes a £1.735mforecast in respect of COVID-19 related spend. The draw down from reserves includes:

?  £3.869m from the Commissioning Reserve, set up to meet the cost of placements where these exceed the current budget.

?  £1.6m for additional staffing required to address a combination of increased demand across the service and management response to the Ofsted inspection. 

The forecast also incorporates £4.650m of Social Care Grant funding (that is an additional £3.450m in 2020/21). Set against this, there is a significant increase in spend driven by looked-after children (LAC) and leaving care (LC) placements costs within Corporate Parenting where spend is forecast to increase by £3.7m (£0.9m relates to COVID-19) and an increase in forecast spend on staffing across Children and Families Services of £2.3m (£0.6m relates to COVID-19) compared to last year. Of the latter, £1.6m is linked to increased staffing levels agreed in response to increased demand and additional posts agreed to assist in responding to the Ofsted recommendations arising from the inspection in November 2019 in which the Council received a ‘requires improvement’ judgement.  The paragraphs below explain in more detail areas where a significant variance is forecast.

Corporate Parenting is forecast to overspend by £1.66m after the use of £3.9m of commissioning reserves (this includes £0.943m of COVID-19 expenditure). This position also includes the use of £2.5m of Social Care funding mentioned above. Gross expenditure on LAC and LC placements (as illustrated in the table below) is forecast at £26.4m compared to last year’s outturn of £22.7m – an increase of £3.7m (this includes £0.943m of COVID-19 expenditure).

Placements Summary for LAC and Leaving Care - gross costs

*based on the average cost of placements.  ...  view the full decision text for item 8.

This report for Cabinet consideration is (as with agenda item 8) dependent on the full knowledge of funding levels and other key information which is in the process of being assimilated and is therefore marked ‘TO FOLLOW’.

Reasons for lateness in consideration of the report given.

RESOLVED

  i.  That approval be given to Appendix 1 of the report being the  refreshed direction of travel for the corporate plan and priorities detailed in the main body of the report, which takes account of the direct and indirect impacts of the pandemic and response and includes some key public policy asks;

  ii.  That the financial considerations that underpin the direction of travel, as set out in the medium term financial plan provided as Appendix 2 of the report be approved; and  

  iii.  That the updated 2021/22 Budget forecast which reflects the additional costs pressures and income reductions resulting from Covid-19 and the outline of its impact on the financial position over the following two years, be noted.

REFRESHED DIRECTION OF TRAVEL FOR THE CORPORATE PLAN

Hackney adopted a new Community Strategy and Corporate Plan in 2018.  An update on progress against the Corporate Plan was taken in February 2020.

This report takes stock of the direct and indirect impacts of pandemic and considers the ways that community, businesses and the Council has been affected. The report sets out how our corporate plan will change to take account of this and the financial impacts on the Council and partners, setting out the ways of working and direction of travel for our corporate priorities.

Even before the pandemic, we were trying to progress priorities in  an extremely challenging context. The situation is now far worse and so this refresh of the corporate plan is needed, to set the direction of travel for the Council in terms of the corporate priorities we should all be focused on and to put this in the context of the latest financial assessment. The main risk is that we are unable to make progress with our priorities without changes to the way we work, to public policy and a fairer financial settlement

The refresh of the corporate plan covers:

The Impacts on the Community

The Council’s Response

Resetting our Corporate Plan:

Principles for re-opening services and moving to a new normal for the workforce

Revisiting our existing corporate plan

  Ways of working

Workforce strategy

  Reset of strategic priorities

Planned  investment in 2020/21 budget to tackle poverty and inequality

Asks of central government

2021/22 BUDGET FORECAST AND OUTLINE MEDIUM TERM FINANCIAL PLAN

To facilitate financial management and control of the Council's finances.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

The Council could have chosen to do nothing and continue to work on the existing corporate plan. This has been rejected because we would be ignoring impacts and missing opportunities to work differently and learn from our response. We would be out of step with other local authorities making collaborations more difficult. We would lose the confidence of our staff, partners and communities who will be looking for the Council to lead a process to take stock and reset priorities.

The Council could have chosen to adopt a completely new vision and corporate plan. We have not done  ...  view the full decision text for item 9.

This report updates Cabinet on the current position of the Capital Programme and seeks spending and resource approval as required to enable officers to proceed with the delivery of those schemes as set out in section 9 of this report.

RESOLVED

i.  That approval be given to the schemes for Children, Adults and Community Health as set out in section 9.2 as follows:

Final Devolved Formula Capital (DFC) Allocation Capital Funding: Resource and spend approval of £414k in 2020/21 is requested for the allocation of the DfE grant to individual schools maintained by Hackney Council for 2020/21;

ii.    That approval be given to the  schemes for Neighbourhood and Housing (Non) as set out in section 9.3 of the report as follows:

Electrical Power Upgrade to 80 Eastway:  Virement and spend approval of £100k in 2020/21 to finance the power upgrade at 80 Eastway.

iii.  That approval be given to the S106 schemes as set out in section 9.4 of the report and resource and spending approval as follows:

iv.  That the expenditure plans and associated resources to be carried from 2019/20 to 2020/21 as set out in section 9.5 of the report and summarised below be approved:

v.  That the schemes outlined in section 9.6 of the report be noted.

REASONS FOR DECISION

The decisions required are necessary in order that the schemes within the Council’s approved Capital programme can be delivered as set out in this report.

  In most cases, resources have already been allocated to the schemes as part of the budget setting exercise but spending approval is required in order for the scheme to proceed. Where however resources have not previously been allocated, resource approval is requested in this report.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

None.

This report seeks Cabinet’s approval to adopt Hackney’s new Local Plan 2033.

RESOLVED

i.  That approval be given to the adoption of Hackney’s Local Plan as detailed  in appendix 1 of the report and Policies Map as detailed in appendix 2 of the report in accordance with the Planning Inspector’s Report of  June 2020 and Schedule of Main Modifications as detailed at appendix 3 of the report;

ii.  That Full Council be recommended to approve the adoption of Hackney’s Local Plan (Appendix 1) and Policies Map (Appendix 2) in accordance with the Planning Inspector’s Report June 2020 and Schedule of Main Modifications (Appendix 3).

iii.  That authority be delegate authority to the Group Director of Neighbourhoods and Housing to approve administrative alterations, typographical amendments, to improve cross referencing (e.g para numbering, page numbering) and typographical errors prior to the publication of the final plan.

  REASONS FOR DECISION

  The Council is required by legislation to have an up to date Local Plan. The Local Plan will help inform and influence the plan and Hackney’s spatial approach to the challenges up to 2033. The National Planning Policy Framework requires Local Planning Authorities to maintain an up-to-date local plan and that it should clearly demonstrate a 5-year housing supply. In the absence of such, the NPPF and its presumption in favour of sustainable development takes precedence, meaning that proposed developments should be granted planning permission unless their adverse impacts "significantly and demonstrably" outweigh their benefits.

  DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

  The alternative is to retain the suite of  existing development plan documents, primarily the Core Strategy (2010) Development Management Local Plan (2015), and Site Allocations Local Plan (2016) and adopted Area Action Plans. This has been rejected as it would result in Hackney’s Local Plan being out of date. LP33 ensures that Hackney’s planning policies are robust, up to date, and opportunities to effect change are maximised.

This report seeks Cabinet’s approval to the adoption of revised s106 Planning Contributions SPD. The SPD takes into consideration responses received by Hackney’s residents, businesses, stakeholders and statutory bodies during the statutory public consultation held between 18 February to 17 April 2020.

  RESOLVED

i.  That approval be given to the adoption of the Planning Obligations Supplementary Planning Document as detailed in appendix 1 of the report  to take effect on 23 July 2020 following approval of the  Local Plan 33 report by Full Council on 22 July 2020; and

ii.  That authority be delegated to the Group Director of Neighbourhoods and Housing to approve administrative alterations, typographical amendments, to improve cross referencing (e.g para numbering, page numbering) and typographical errors prior to the publication of final publication. 

REASONS FOR DECISION

  The current S106 SPD will become out of date on adoption of LP33 so needs to be updated, brought into line with LP33 policies and then adopted to become a material planning consideration while also providing developers with clarity and certainty for submitted proposals. 

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

  There are no alternative options. The existing Planning Obligations Supplementary Planning Document becomes outdated upon adoption of the new borough Local Plan (scheduled for July Cabinet and Council) therefore it is necessary to update and adopt the revised SPD to provide clarity to developers and decision-makers on the requirements of planning obligations for different types of development as set out in the new borough-wide Local Plan (LP33).

This report seeks Cabinet’s approval of an addendum of the Council’s Statement of Community Involvement (SCI).

RESOLVED

That approval be given to the Addendum to Hackney’s Statement of Community Involvement as detailed in Appendix 1of the report.

  REASONS FOR DECISION

  In line with recent government guidance, the SCI has been updated to outline temporary measures that have been put in place to enable the public to view and access copies of policy documents / materials (including hard copies) whilst COVID-19 restrictions are in place. This update to the SCI by way of an addendum is required to enable the Council to progress with the adoption of the Local Plan and Planning Obligations Supplementary Planning Document.

  DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

  The alternative of not approving an addendum to the SCI has been rejected as it will have implications for progressing with plan making including the adoption of the Council’s new borough-wide Local Plan, and could also give rise to legal challenge through non-compliance with some requirements of the adopted SCI.

This report  seeks the approval of Cabinet to the disposal of two small sites through a ‘Self-Build Challenge’ bidding process that will be administered by the Council.

RESOLVED

i.  That approval be given to the disposal of two small sites through a ‘Self-Build Challenge’ bidding process to be administered by the Council; and  

ii.  that authority be to the Group Director of Finance and Resources and the Group Director of Neighbourhoods and Housing to agree the terms of the transfers of the sites noted in appendix 1 of the report; and

iii.   that the Director of Legal and Governance be authorised to prepare, agree, settle and sign the necessary legal documentation to effect the proposals and to enter into any other ancillary legal documentation required.

REASONS FOR DECISION

The reasons for providing this report and the recommendations set out within it are:

To deliver on the administration's manifesto commitment to “encourage housing innovation, including cooperative and self-build ideas where this can support the delivery of a blend of housing products that meet Hackney residents’ needs.”

  To support households who are in housing need who would otherwise be unable to live long term in the borough .^[1]

  To support innovation in housing construction and design and encourage environmentally-friendly development.

  To offer an opportunity for local residents to build their own home, supporting housing delivery in the borough.

  To bring appropriate undeveloped residential sites into use as an intermediate housing option for a local resident/household.

  To use the statutory Self-Build Register as well as Self-Build communications to attract interested applicants and bring redundant sites suitable for housing back into productive use.

  To use two small sites to pilot a Self-Build Challenge, which will engage self-build or community-led housing initiatives to support affordable housing delivery in the borough and meet local housing need.

The disposal of Housing Land (HRA) is pursuant to S32 of the Housing Act 1985 and the secretary of state general consent order titled The General Housing Consents 2013 Section 32 of the Housing Act 1985.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED

  Do nothing - it was decided that this was unappealing because the Council is committed to promoting and facilitating housing delivery in the borough in order to help address the housing crisis. Promoting alternative approaches to housing delivery on small under-utilised sites supports the delivery of housing in the borough.

The sites proposed have been identified by Property Services for disposal. Property Services estimated their value each to be below £100,000 without planning permission. It has been decided that if the sites were instead used through the proposed Self-Build Challenge they would most likely result in a greater receipt or a higher value asset for the Council. Furthermore, disposal would eliminate the Council’s ability to meet housing need, whereas the Challenge could enable an intermediate affordable housing product to meet the needs of a local household.

  The sites were reviewed by Council officers through the Asset Review Process. This process concluded that these sites  were appropriate for self-build use but were undesirable to the Council for our Housing Supply Programme due to their small size and their locations. Both of the sites identified are not  ...  view the full decision text for item 14.

This report seeks Cabinet’s authority to appropriate for planning purposes the land outlined in red on the plan at Appendix 1of the report, at Kings Crescent estate, in order to bring forward the estate regeneration scheme known as Kings Crescent Phases 3 & 4.

RESOLVED

i.    That approval be given to the appropriation for planning purposes under S122 of the Local Government Act 1972 of land at Kings Crescent Phases 3 & 4 shown outlined in red on the plan at Appendix 1 of the report , subject to the Secretary of State Consent under S19(2) of the Housing Act 1985; and

ii.  That the Group Director of Neighbourhoods and Housing and the Director of Legal be authorised to deal with all necessary arrangements to effect the appropriation set out in this report subject to the Secretary of State Consent,  under S19(2) of the Housing Act 1985.

   REASONS FOR DECISION

    Appropriation of land for planning purposes under section 122 of the Local Government Act 1972 (‘the 1972 Act’) provides the Council with a mechanism for helping minimise the delay or uncertainty associated with regeneration projects by ensuring that the proposed developments cannot be held up by injunctions in support of third party rights.

  In order to de-risk the development of the mixed tenure scheme at Kings Crescent Phases 3 & 4, the appropriation of the land shown within the red line at Appendix 1 is required. As the red line boundary includes existing residential homes, the decision is required to go to the Secretary of State for approval.

  The land at Kings Crescent as shown in Appendix 1, for which authority to appropriate is being sought, is currently housing land and the tenancies on the land are administered under the Housing Revenue Account (HRA). The land following appropriation will be transferred to and administered from the General Fund Account. Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.

  Subsequent to the transfer back to the HRA the Council will lose the benefits of the appropriation for planning purposes. The Council will not, however, lose the protection over whatever was built whilst the land was appropriated for planning purposes, and as such the newly built development would not be subject to an injunction (i.e. third parties whose rights have been injured as a result of the development will not be able to halt the redevelopment). The affected parties may however be able to seek compensation. Exempt Appendix 2 provides further background information.

  DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

  At its meeting in July 2011 the Council’s Cabinet agreed to the Estate Regeneration Programme. A further report updating the Programme was approved in March 2014 and subsequently in October 2015 and April 2019. These Cabinet reports outlined the need for regeneration and the Council’s approach to the delivery of high quality new build housing and improved living standards across a number of housing estates in the borough.

  TheKings Crescent Phases 3 & 4 site is identified within this Programme. As such it is accepted that the site needs to be appropriated for planning purposes.

  A  ‘do nothing’ approach has been rejected, as not appropriating the land  would put the scheme at risk of time  ...  view the full decision text for item 15.

This report seeks the approval of Cabinet  in principle to the  undertaking of a pilot resident ballot at Trinity Court (De Beauvoir Phase 2).

  RESOLVED

That approval be given to the principle of undertaking a pilot resident ballot at Trinity Court (De Beauvoir Phase 2).

REASONS FOR DECISION

As Hackney is facing an unprecedented housing crisis, the Council is building new genuinely affordable homes across a range of sites in the borough to help meet housing demand, engaging and consulting with the local community and putting residents at the heart of any proposals for redevelopment.

To ensure that regeneration brings real benefits to local communities and opportunities are given to existing tenants, the Council has already developed and adopted Local Lettings Policies as well as the Leaseholder and Freeholder Options Document. Moreover, the Council follows the guidance provided in the ‘Better Homes for Local People’, the Mayor of London’s Estate Regeneration Good Practice Guide. The latter sets out good practice and principles to deliver better homes for local communities, and encourages housing providers to openly engage with residents affected by a regeneration project, from its inception. The Mayor of London’s Guide encourages the use of ballots when demolition is involved in a regeneration scheme in receipt of GLA funding (specific requirements for ballots are set out in the GLA’s Capital Funding Guide).

Although the De Beauvoir Phase 2 regeneration project is not in receipt of GLA funding and resident ballots are not mandatory for this project, the Council is committed to placing residents at the heart of decision-making and giving residents at Trinity Court (De Beauvoir Estate) the final say on whether their homes should be included in the redevelopment proposal. Holding a ballot of Trinity Court residents will give them the possibility of voting in favour of or against the demolition and redevelopment of their homes casting a ‘yes’ or ‘no’ vote.

The experience of undertaking a pilot ballot at Trinity Court will positively contribute to informing the forthcoming resident ballots policy for Hackney that will set out how resident ballots will be implemented in future regeneration projects not in receipt of GLA funding (where they are already required). The experience at Trinity Court will be used to inform the development of the resident ballots policy for other regeneration projects in Hackney.

Organising the ballot may generate some additional costs in the De Beauvoir Phase 2 project. For instance, an independent body may have to be appointed to undertake the ballot and give more independence and credibility to the vote. However, the Council already invests in extensive engagement with residents and wider stakeholders when developing regeneration schemes and the ballot would not result in any significant increase in costs.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Holding a resident ballot at Trinity Court is not mandatory and an alternative option would be not to undertake the pilot. However, this would be a missed opportunity to:

1.  give residents at Trinity Court a say on including their homes in the redevelopment proposal;

2.  gain experience useful to better inform the borough-wide resident ballots policy for regeneration projects; and

3.  fulfill a commitment within the  ...  view the full decision text for item 16.

This report seeks Cabinet’s consideration of the recommendations outlined in the Hackney Young Futures Commission “Valuing The Future Through Young Voices” report.

RESOLVED

i.  that the recommendations contained within the report and the “Asks” findings as made by the Commission, as detailed in Appendix 1 in the main report be agreed noting:

a.  how they will feedback to young people in the borough about how Council and its Partners are going to respond to the report in a timely way; and

b.  how they will continue to engage and involve young people in decision-making in the future, post-Commission.

REASONS FOR DECISION

  Fulfill a commitment within the Mayor of Hackney’s 2018 Manifesto.

Consider recommendations outlined in the Hackney Young Futures Commission “Valuing The Future Through Young Voices” report.

To agree any proposed appointments.

There were no appointments.

NOTED

To agree any proposed appointments.

There were no appointments.

NOTED

To consider any item of urgent unrestricted business as admitted under agenda item 2.

There were no items of unrestricted urgent business.

NOTED

Item(s) 22 & 23 allows for the consideration of exempt information in relation to items  respectively.

Proposed resolution:

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 22 & 23 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet during consideration of Exempt item 22 on the agenda on the grounds that it is likely, in view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

Item 15 refers

Appendix 2 is exempt from publication under para 3 of Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt appendix 2 in relation to agenda item 15 in the unrestricted part of the proceedings be noted and agreed.

To consider any item of urgent exmpt business as admitted under agenda item 2.

There were no exempt items of urgent business.

NOTED