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Agenda, decisions and minutes

Venue: Council Chamber, Hackney Town Hall, Mare Street, London E8 1EA. View directions

Contact: Jessica Feeney 

Items
No. Item

1.

Apologies for Absence

Minutes:

There were no apologies for absence.

2.

Urgent Business

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 11 below. New items of exempt business will be dealt with at Item 13 below).

 

Minutes:

There were no items of urgent business.

3.

Declarations of interest - Members to declare as appropriate

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.

 

Minutes:

There were no declarations of interest.

4.

Notice of intention to conduct business in private, any representations received and the response to any such representations

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 exempt items as set out at Item 12 : 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.

 

Minutes:

There was none.

5.

Questions/Deputations

Minutes:

There was none.

6.

Unrestricted minutes of the previous meeting of Cabinet held on 25 April 2022 pdf icon PDF 330 KB

To agree the minutes of the previous meeting of Cabinet held on 25 April 2022.

Decision:

That the Cabinet agreed to the Minutes of the Cabinet held on the 25 April 2022.

Minutes:

RESOLED:

 

That the Cabinet agreed to the Minutes of the Cabinet held on the 25 April 2022.

7.

Capital Update and Property Disposals And Acquisitions Report - Key Decision No. FCR S080 pdf icon PDF 109 KB

Decision:

RESOLVED:

 

I.    That the S106 capital schemes as set out in section 10.1 and summarised below be approved as follows:

 

 

S106

 

2022/23 £'000

 

Capital

 

510

 

Total s106 Capital for Approval

 

510

 

 

 

II.    That the S106 revenue scheme as set out in section 10.2 and summarised below be approved as follows:

 

S106

 

2022/23 £'000

 

Revenue

 

90

 

 

Total Revenue S106 for Approval

 

90

 

 

III.    That the S106 capital schemes as set out in section 10.3 and summarised below be noted as follows:

 

S106

 

2022/23 £'000

Capital

 

78

Total Capital S106 for Noting

 

78

 

 

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.

 

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

Minutes:

The Mayor introduced the report to the Cabinet.

 

RESOLVED:

 

I.    That the S106 capital schemes as set out in section 10.1 and summarised below be approved as follows:

 

 

S106

 

2022/23 £'000

 

Capital

 

510

 

Total s106 Capital for Approval

 

510

 

 

 

II.    That the S106 revenue scheme as set out in section 10.2 and summarised below be approved as follows:

 

S106

 

2022/23 £'000

 

Revenue

 

90

 

 

Total Revenue S106 for Approval

 

90

 

 

III.    That the S106 capital schemes as set out in section 10.3 and summarised below be noted as follows:

 

S106

 

2022/23 £'000

Capital

 

78

Total Capital S106 for Noting

 

78

 

 

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.

 

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

8.

Adventure Playgrounds New Leases - Key Decision No. FCR S107 pdf icon PDF 83 KB

Additional documents:

Decision:

RESOLVED:

 

That the Cabinet:

 

I.  Approve the disposal of the five 10 year leases, subject to a break and a rent review at the end of  the 5th year, at an initial rent of £2,500.00  p.a. in each of the properties known as: Springfield Adventure Playground, Spring Lane, London E5 9HQ, Shakespeare Walk Adventure Playground, 69 Shakespeare Walk, N16 8TB, Pearson Street Adventure Playground, 28 Pearson Street, E2 8JD, Evergreen Adventure Playground, Beehive Close, E8 3JT, Homerton Adventure Playground, Wardle Street, E9 6BX

 

II.  Delegated to the Group Director of Finance and Corporate Resources and the Director of Strategic Property Services authority to determine the most cost effective options in terms of disposing the leases in ways that represent best value on the part of the Council.

 

III.  Delegated authority to the Director of Legal Services to negotiate, sign, settle and complete the contracts and all other relevant and ancillary legal documents arising thereto on behalf of the Council.

 

REASONS FOR DECISION

 

The initial leases for the five playgrounds expired at various times during 2020 and 2021. In order to have regularity and equality with all the playgrounds they have been provided with short term leases all on the same terms to run until the 25th September 2022. As the organisations running the playgrounds have charitable status they rely on raising grants to fund their operations and most grant aided money requires the recipient to have a 10 year lease.

 

Early Help and Prevention Service and Disabled Children’s Service have confirmed that the four operators have all been working efficiently and would be content to see the AP continue to provide services for children and young people out of school hours. However, new service contracts to deliver open access play are to be tendered with providers to commence in September 2022.

 

The properties shown edged in red in Appendix 1, the subject of the leases, will be used by the successful lessees to provide play services and support for children and young people, particularly out of school hours.

Minutes:

The Mayor introduced the report to the Cabinet.

 

RESOLVED:

 

That the Cabinet:

 

I.  Approve the disposal of the five 10 year leases, subject to a break and a rent review at the end of  the 5th year, at an initial rent of £2,500.00  p.a. in each of the properties known as: Springfield Adventure Playground, Spring Lane, London E5 9HQ, Shakespeare Walk Adventure Playground, 69 Shakespeare Walk, N16 8TB, Pearson Street Adventure Playground, 28 Pearson Street, E2 8JD, Evergreen Adventure Playground, Beehive Close, E8 3JT, Homerton Adventure Playground, Wardle Street, E9 6BX

 

II.  Delegated to the Group Director of Finance and Corporate Resources and the Director of Strategic Property Services authority to determine the most cost effective options in terms of disposing the leases in ways that represent best value on the part of the Council.

 

III.  Delegated authority to the Director of Legal Services to negotiate, sign, settle and complete the contracts and all other relevant and ancillary legal documents arising thereto on behalf of the Council.

 

REASONS FOR DECISION

 

The initial leases for the five playgrounds expired at various times during 2020 and 2021. In order to have regularity and equality with all the playgrounds they have been provided with short term leases all on the same terms to run until the 25th September 2022. As the organisations running the playgrounds have charitable status they rely on raising grants to fund their operations and most grant aided money requires the recipient to have a 10 year lease.

 

Early Help and Prevention Service and Disabled Children’s Service have confirmed that the four operators have all been working efficiently and would be content to see the AP continue to provide services for children and young people out of school hours. However, new service contracts to deliver open access play are to be tendered with providers to commence in September 2022.

 

The properties shown edged in red in Appendix 1, the subject of the leases, will be used by the successful lessees to provide play services and support for children and young people, particularly out of school hours.

9.

Wick Woodland, Hackney Marshes and the surrounding areas Public Spaces Protection Order - Key Decision No. NH S106 pdf icon PDF 107 KB

Additional documents:

Decision:

RESOLVED:

 

That Cabinet approved undertaking a consultation exercise in relation to the making of a Public Spaces Protection Order which would place controls on  ASB caused by groups of people gathering, bringing generators, lighting, sound systems and decorations in Wick Woodland, Hackney Marshes and surrounding areas, often consuming alcohol and other substances and ‘partying’ till the early hours. These acts cause nuisance and damage to the proposed prescribed areas.  A copy of the proposed Order is attached to the report as Appendix 1.

 

REASONS FOR DECISION

 

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

 

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

 

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

 

That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

 

That the effect or the likely effect of the activities:

 

Is (or is likely to be) persistent or continuous.

Is (or is likely to be) unreasonable.

Justifies the restriction imposed by the notice.

 

A PSPO must identify the public place in question and can:

 

(a)   prohibit specified things being done in that public place

(b)   require specified things to be done by persons carrying on specified activities in that place; or

(c)   do both of those things.

 

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order to prevent or reduce the risk of the detrimental effect continuing, occurring or recurring. Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories. The PSPO may specify the times at which it applies and the circumstances in which it applies or does not apply. Unless extended, the PSPO may not have effect for more than 3 years.

 

 Breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach of a PSPO and on conviction the Magistrates’  ...  view the full decision text for item 9.

Minutes:

Councillor Fajana-Thomas introduced the report to Cabinet.

 

RESOLVED:

 

That Cabinet approved undertaking a consultation exercise in relation to the making of a Public Spaces Protection Order which would place controls on  ASB caused by groups of people gathering, bringing generators, lighting, sound systems and decorations in Wick Woodland, Hackney Marshes and surrounding areas, often consuming alcohol and other substances and ‘partying’ till the early hours. These acts cause nuisance and damage to the proposed prescribed areas.  A copy of the proposed Order is attached to the report as Appendix 1.

 

REASONS FOR DECISION

 

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

 

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

 

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

 

That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

 

That the effect or the likely effect of the activities:

 

Is (or is likely to be) persistent or continuous.

Is (or is likely to be) unreasonable.

Justifies the restriction imposed by the notice.

 

A PSPO must identify the public place in question and can:

 

(a)   prohibit specified things being done in that public place

(b)   require specified things to be done by persons carrying on specified activities in that place; or

(c)   do both of those things.

 

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order to prevent or reduce the risk of the detrimental effect continuing, occurring or recurring. Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories. The PSPO may specify the times at which it applies and the circumstances in which it applies or does not apply. Unless extended, the PSPO may not have effect for more than 3 years.

 

 Breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach  ...  view the full minutes text for item 9.

10.

Appointments to Outside Bodies pdf icon PDF 61 KB

The schedule lists appointments to outside bodies.

Additional documents:

Decision:

RESOLVED:

 

  That the Cabinet:

 

I.  Agreed the appointment of the Councillors to Outside Bodies on behalf of the Council as listed in Appendix 1.

 

II.  Noted the appointments made by the Mayor to Outside Bodies on behalf of the Council as listed in Appendix 1.

Minutes:

The Mayor introduced the report to Cabinet.

 

RESOLVED:

 

  That the Cabinet:

 

I.  Agreed the appointment of the Councillors to Outside Bodies on behalf of the Council as listed in Appendix 1.

 

II.  Noted the appointments made by the Mayor to Outside Bodies on behalf of the Council as listed in Appendix 1.

11.

New items of unrestricted urgent business

To consider any items admitted at Item 2 above.

 

Minutes:

There were none.

12.

Exclusion of the press and public

Note from the Governance Services Manager

 

Items 13 allows for the consideration of exempt information.

 

 

RESOLVED:

 

That the press and public be excluded from the remainder of the meeting as the items below contain exempt information, as defined under paragraph, 3 & 5 of Part 1, schedule 12A of the Local Government Act 1972.

 

Minutes:

There was no requirement for the public and press to be excluded.

13.

New items of exempt urgent business

To consider any EXEMPT items admitted at Item 2 above.

 

Minutes:

There were none.