Agenda and decisions

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

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.

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 [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.

Question received from Mr Vincent Stops with regard to advertising hoardings

To agree the minutes of the previous meeting of Cabinet held on 27 February 2023.

To receive the minutes of the Cabinet Procurement Committee (CPC) held n 13 February 2023 - for noting only.

Petition requesting that Hackney Council urgently reconsider their plans for motorcycle and scooter parking charges, or risk devastating impacts to the lives and livelihoods of riders and those who rely on them.

Full text as considered by Council can be viewed here: https://hackney.moderngov.co.uk/mgAi.aspx?ID=41107

RESOLVED:

1. That the scheme for Children and Education as set out in section 11

be given approval as follows:

Education Sufficiency and Estate Strategy SEND Expansion Phase

1b: Resource and spend approval of £4,165k (£1,778k in 2023/24,

£2,125k in 2024/25 and £262k in 2025/26) is requested for the next

phase of the SEND expansion of special schools across the borough.

2. That the scheme for Climate, Homes & Economy as set out in section

11 be given approval as follows:

Connecting Green Spaces - Ufton Gardens: Resource and spend

approval of £50k in 2022/23 is requested to deliver a road closure

between Ufton Gardens.

3. That the s106 scheme summarised below and set out in section 11

be approved:

4.   To deem the former schoolkeeper houses at Queensbridge and Shoreditch Park schools as surplus to Council’s operational requirements and to be disposed of.

5.  To authorise the sale of the freehold of the former School Keepers' houses at Queensbridge Primary School, Albion Drive, E8 4ET and Shoreditch Park Primary School, Grange Street is shown edged in red for information purposes only on the plans in Appendix 1 and 2.

6.   To include restrictive covenants in the transfer of the freeholds to ensure there is no overlooking into the school sites from the houses

7.   To fund costs to physically separate the former houses from the school sites and other eligible costs associated with the disposals to be offset against the receipt and to fund any costs associated with gaining residential planning permission if required.

8.   To recognise the available funds from the sale of the former houses from school sites as earmarked for delivery of the Council’s 2030 Net Zero Carbon Schools Programme.

REASONS FOR DECISION

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

2. 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.

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

RESOLVED:

1. To approve the increase in the price of hostel service charges from £6 per week to £9 per week, with effect from May 2023.

2. To note the overall financial position of the Council as at January 2023 as set out in this report.

3.  Approve the acceptance of the grant of £12,256,958 from the Department for Business, Energy & Industrial Strategy’s Public Sector

Decarbonisation Scheme (PSDS) managed by Salix Finance to support decarbonisation of a portfolio of Corporate properties and agree to enter into a grant agreement and associated documents with the applicable parties in respect of such funding.

REASONS FOR DECISION

To facilitate financial management and control of the Council's finances and to approve a proposal to increase hostel service charges.

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RESOLVED

1. That motorcycles and other Powered Two Wheelers will be required to hold a valid permit to park in any permit holder bays, and will be governed by the same rules and pricing structure as other vehicle types (such as cars and vans), with the following exceptions:

1.1. On-street residents - will be able to apply for one resident motorcycle permit per person, irrespective of whether or not they already hold a resident parking permit for another vehicle.

1.2. Estate residents - will be able to apply for one estate resident motorcycle permit per household, irrespective of whether or not they already hold an estate resident parking permit for another vehicle, subject to there being sufficient parking capacity on the estate. Estate residents will also have the option to apply for on-street resident permits.

1.3. Businesses - will be able to apply for up to five business motorcycle permits per business premise, irrespective of whether or not they already hold business parking permits for other vehicles.

2. That visiting motorcycles will be required to obtain an e-voucher to park in any permit holder bay at current visitor parking permit prices.

3. That existing solo motorcycle bays will be converted into permit bays, shared use, or pay and display bays for short stay parking, with fees based on the same charging structure as pay and display prices for other vehicles, as set out in section 4.3.50 to 4.3.68.

4. That, on request from residents and businesses, permits, shared use or pay and display lockable solo motorcycle bays will be installed (where feasible) on a case by case basis.

REASON FOR DECISION  

1.Rationale for the proposed changes

1.1. In February 2019, Hackney Council declared a climate emergency. The borough is committed to doing everything it can to limit further global warming to less than 1.5 degrees Celsius, as set out in the UN IPCC report of October 2018. By 2030, the commitment is to reduce emissions by 45% against 2010 levels, and by 2040, the Council aims to achieve net-zero emissions.

1.2. Since 2016, transport has been the largest emitting sector in the UK, and  in 2020 was responsible for 24% of all UK greenhouse gas emissions. While significant progress has been made nationally in decarbonising some sectors, such as energy in recent decades, greenhouse gas emissions from transport have remained relatively static.

1.3. Hackney Council is committed to demonstrating that a rapid transition to a low-carbon economy is possible at a local level. Parking Services, through its Parking and Enforcement Plan 2022-27, supports the delivery of these commitments by introducing policies that encourage more sustainable transport choices by residents and to support the Council’s wider initiatives to achieve its net-zero emission goal. This includes the introduction of policies that encourage alternative modes of transport such as walking, cycling, and public transport over the use of private PTWs and vehicles. Furthermore, through emissions based charging, Parking Services are facilitating a reduction of vehicle emissions which all forms of road transport, including  ...  view the full decision text for item 11.

RESOLVED:

1.  To approve Hackney’s Reduction and Recycling Plan (RRP) for the period 2023-2025 as set out in Appendix 1 and Appendix 2, ensuring Hackney is working towards general conformity with the Mayor of London’s Environment Strategy.

2.  To delegate authority to the Strategic Director, Sustainability and Public Realm, in consultation with the Lead Member, to update the RRP to take into account any potential further feedback from the Greater London Authority.

REASON FOR DECISION

1. All London boroughs are required to submit a Reduction and Recycling Plan (RRP) to the GLA setting out targets and actions for a two year period to demonstrate how they will make a contribution to the London-wide Strategy targets. This is Hackney’s second RRP and it continues to build upon actions outlined in our first RRP from 2018-2022. This RRP is for the period 2023-2025 and it contains two parts.

2. Part one of the RRP outlines Hackney’s existing actions and new planned work to deliver on our locally set targets, as well as how we are contributing to London wide targets as set out in the London Environment Strategy (LES). Hackney’s RRP actions include:

·  10 actions to reduce waste and increase materials reuse (LES Objective 7.1);

·  18 actions to maximise recycling performance (LES Objective 7.2);

·  3 actions to reduce the environmental impacts (such as greenhouse gas emissions and air pollutants) - of waste activities (LES Objective 7.3);

·  2 actions to maximise use of local waste sites (LES Objective 7.4).

3. The second part of the RRP captures plans and activities that boroughs are implementing to prepare for the service changes required under the Resource & Waste Strategy (RWS), including collections for food waste and key dry recyclables, and separate containers for dry recycling streams in both households and commercial properties. It also includes a requirement to understand the implications of the Extended Producer Responsibility (EPR) scheme and Deposit Return Scheme (DRS). It should be noted that none of the above has been confirmed or brought into legislation.

4. Cabinet’s  approval of the RRP is sought so that the Council’s RRP can formally be submitted to the GLA and signed off by the Mayor of London.

RESOLVED:

1. That Cabinet adopts the Hackney Young Futures Commission Report.

2. That Cabinet endorses the Council to make appropriate changes to ensure that how the Asks are met reflects the current needs expressed by children and young people.

3. That Cabinet supports the Council to work on the legacy of Young Futures to permanently embed children and young people’s voices in policy making and decision making processes.

REASONS FOR DECISION

1. The Young Futures Commission was born out of a pledge in the Hackney’s Mayor's Manifesto in 2018 aimed at maximising the voice of young people in the decisions that shape their lives and ensure they can actively shape the opportunities available to them. It was set up in February 2019 as a commission independent of the Council led by young people (but organised, funded by and accountable to the Council), with the ambition to reach out to young people across Hackney and give them a space in which their voices could be heard. The Commission was made up of young people, people who represent the community, academic partners, experts and councillors.

2. The Valuing the Future Through Young Voices report was published in November 2020. It urged the Council to listen to, learn about, and commit to act on the real experiences and aspirations of children and young people growing up in Hackney. The report stressed how important it is for Council’s services to commit to putting children and young people’s voices at the forefront of planning, engagement, responses and decision-making.

3. The Commission’s report has been endorsed by the Council and Cabinet, and work has begun to deliver on its Asks. However, it was not taken through a formal decision process when first published. This paper formalises the Council’s commitment to delivering upon the Commission’s findings relevant to the whole of the borough.

4. Emerging themes resulted from the Commission’s engagement exercises were grouped in the report into six themes: a Bright Future (Education, Training and Employment); a Secure Future (Housing and Advice); an Active Future (Spaces, Places and Activities); an Inclusive Future (Inclusive economy and Regeneration); a Safe Future (Crime and Safety); a Healthy Future (Health and Well-Being).

5. Within the six themes, 19 Asks were formulated to the Council, which formed the basis of detailed proposed solutions. The Asks arose during the second phase of the Commission’s work during which young people led workshops between representatives from local organisations, council services and Cabinet Leads. The Asks are more generic requests that the Council was asked to endorse and commit to:

1. Reduce the Number of Rough Sleepers in the Borough.

2. Improve the Quality of Social Housing and the local area.

3. Increase Access to Housing and Advice Services.

4. Review Young People’s Mental Health Services.

5. Review Foster Care Placements.

6. Increase access opportunities to places, spaces and activities.

7. Include Young People in the Regeneration of the Borough.

8. Promote Intergenerational Dialogue.

9. Support Young People and the Night Time Economy.

10. Improve  ...  view the full decision text for item 13.

RESOLVED to:

1. Approves the Market Strategy 2023-2028 and the recommendations contained within (as set out in Appendix 1) for public consultation.

2. Delegates authority to the Director, Public Realm, in consultation with the lead Cabinet member for Community Safety and Regulatory Services, to approve any amendments to the Market Strategy 2023-2028 following Consultation feedback.

3. Delegates authority to the Director, Public Realm to approve the final version of the Market Strategy 2023-2028 for implementation. 

REASONS FOR DECISION

1. The last Markets Strategy (2017-2020) focused on the financial sustainability of individual markets by promoting and increasing awareness of all locations to grow and retain occupancy rates. The Strategy was approved with a budget of £1.4m to deliver actions that mainly focused on getting the markets to be self-sustainable, as the Service was running at a deficit for many years. The successful delivery of this Strategy saw the service achieve a break-even financial position consistently, but also saw the market portfolio and commercial opportunity grow exponentially, which contributed to driving local employment within Hackney.

2. The new and proposed Markets Strategy for 2023-2028 was carefully curated through extensive surveys, engagement and research to identify the needs and aspirations of the community consisting of members of the public and Hackney market traders. The Strategy will concentrate on maintaining and developing what has been achieved by exploring new opportunities to increase the market and street trading locations, reviewing additional operating days, and introducing new licenses to encourage regeneration and local employment within the Borough.

3. The Strategy will follow an Action Plan to ensure the Service takes specific measures to reduce the number of illegal trading activities by educating those who want to work and assisting them in obtaining the necessary licence(s), thereby encouraging all licenced businesses and traders to maximise their income opportunities. It will also support our traders by providing them with necessary entrepreneurial skills training, mental health support and an opportunity to expand their business in different street trading locations/ types of markets.

4. The service was able to use the approved budget to deliver the Markets Strategy 2017-2020 that made a major impact on local employment, but was unable to reach its full potential due to lack of resources and financial constraints. The new Strategy aims to exceed the proven achievements but to also secure the long term sustainability of the markets by supporting several of the mayor’s manifesto commitments and by activating other locations within the borough for commercial use:

·  We will develop a Hackney Nights Strategy to provide clarity to residents and businesses on our approach, including supporting growth while tackling antisocial behaviour and crime in partnership with the police.

·  We will build community wealth and create opportunities where residents are the first to benefit as the local economy recovers and reopens - ensuring more of the jobs, opportunities, growth and money spent in Hackney stays in Hackney.

·  We will ensure that goods and services are procured locally and sustainably, securing good jobs and opportunities for local  ...  view the full decision text for item 14.

RESOLVED:

1. Design and Build Contract Award.

1.1 Note the completion of a single stage procurement in relation to the selection of a Design and Build contractor for Phase 2b of the Britannia project (residential).

1.2 Approve the award of a JCT Design and Build contract to Supplier A as set out in Exempt Appendix 1.

1.3 Authorise the Director of Legal, Democratic and Electoral  Services to agree and enter in to all necessary legal and ancillary documentation relating to the Design and Build contract for Britannia Phase 2b (residential), including all necessary consents required to enable the development.

2 Appropriation.

2.1To agree that the land at the site of the Old Britannia Leisure Centre, shown edged purple on the plan at Appendix 2, which is currently held for leisure purposes under the General Fund, is no longer required for those purposes. 

2.2 To approve the appropriation of the land set out at within the Phase 2b development boundary (edged purple) for planning purposes to facilitate the carrying out of the development pursuant to section 122(1) of the Local Government Act 1972. 

2.3 To agree that following completion of the development proposals within the Phase 2b development boundary (edged purple) the land shown hatched pink/buff on the plan at Appendix 2 will no longer be required for planning purposes and approve the appropriation of the land for housing purposes to be transferred to and administered from the Housing Revenue Account and in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972.

2.4 To agree that following completion of the development proposals within the Phase 2b development boundary (edged purple) the remainder of the land within the purple Phase 2b development boundary on the plan at Appendix 2 will no longer be required for planning purposes and approve the appropriation of the land for general purposes to be administered from the General Fund Account and in accordance with  section 122(1) of the Local Government Act 1972.

2.5To authorise the Group Director Climate, Homes and Economy, Group Director of Finance and Resources  and the Director of Legal, Democratic and Electoral Services to deal with all necessary arrangements to effect the appropriation set out in this report.

REASON FOR DECISION

1. Design and Build Contract Award.  Following approval to the procurement business case by Cabinet in March 2022, the Hackney Britannia Project proceeded to a Contract Notice for a Design and Build Contractor via the Find a Tender Service (FTS) on 21 June 2022.  This single stage procurement was carried out using the Competitive Procedure with Negotiation (CPN) provided for within the Public Contract Regulations 2015.

2. Following the issue of the PAS91 Selection Questionnaire, and draft Invitation to Participate (ITP) documents, five suppliers returned a Selection Questionnaire and four were subsequently invited to participate in a single stage tender process. Initial Tenders were then received from two suppliers on 9 November 2022, following the early withdrawal of two suppliers within the first couple  ...  view the full decision text for item 15.

Reason for General Exception: This report is required to be considered under  General Exception procedure rules due to the withdrawal of an insurer. There is a requirement to ensure that appropriate cover is in place for all affected leaseholders therefore, this  decision cannot reasonably be deferred to a later meeting date.

RESOLVED to:

1. Note the inability of the existing supplier to fulfil the contract for the

provision of building insurance for leasehold properties beyond the 31

March 2023. A decision affecting a number of local authorities

nationwide.

2. Approve the award of the leasehold buildings insurance contract to

Insurer A for a period of 12 months, at a contract value of c.£4.34m, on

the terms outlined in this report.

3. Approve the proposal to undertake a comprehensive review of the

options open to the Council, including a peer review and full

procurement exercise with accompanying Section 20 Consultation with

leaseholders, throughout 2023 to procure or implement the best

possible value for leaseholders from 1 April 2024.

REASONS FOR DECISION

1. The Council has a legal requirement to procure and maintain a contract of insurance for both its own and leaseholders' interest in leasehold property acquired under the Right To Buy or similar legislation.

2. As part of our standard terms of lease the lessor (the Council) has a duty to arrange building insurance for the block, including the demised premises.

3. The current insurance contract was last tendered in 2021 and the appointed Insurer agreed to a 5 year (including a two year optional extension) contract, renewable annually. However, in early 2023 the Council was informed of the sudden announcement by Avid Insurance that they had parted company with their insurer capacity provider and were no longer able to fulfil the contract and that terms would not be offered, under that contract, after 31 March 2023.

4. Having sufficient insurance cover is a financial risk management transfer mechanism for the Council without which it would have to meet the cost of any claims and would effectively be in breach of its lease obligations as a landlord.

4.5. The full premium is recharged to leaseholders via the existing service charge process managed by Hackney Housing. Seeking the required insurance via an established public sector broker, Marsh, ensures that the Council can demonstrate that it is seeking to procure the policy on the best available terms.

6. Terms had been sought on cover no less comprehensive than those currently in place. However, due to the limited market and adverse circumstances the annual premium rates are set to increase by an estimated 65% to an annual premium of £4.43m and the policy excess, the amount a leaseholder is liable to pay in the event of a successful claim, is increased from £50 to £250.

RESOLVED:

To note this report.

REASONS FOR DECISION

1. To reduce congestion caused by two way traffic on a narrow road,

combined with residential parking.

2. To reduce additional traffic diverted towards Waterson Street from the

Cremer Street LTN.

To consider any items admitted at Item 2 above.

Item 20 allows for the consideration of exempt information in relation to agenda item 20 onwards

RESOLVED:

That the press and public be excluded from the remainder of the meeting as items 21,22 and 23 below contains exempt information, as defined under paragraph, 3 & 5 of Part 1, schedule 12A of the Local Government Act 1972.

As per agenda item 15.

To consider any EXEMPT items admitted at Item 2 above.