Agenda, decisions and minutes

Cabinet - Monday 22 May 2023 6.00 pm

Contact: Mark Agnew 

Items
No. Item

1.

Apologies for Absence

Minutes:

1.1  Apologies for absence were received from Cllr Mete Coban, Cllr Sem Moema, and Cllr Carole Williams.

 

1.2  Cllr Sade Etti and Cllr Sem Moema joined the meeting remotely.

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 8 below. New items of exempt business will be dealt with at Item 16 below).

 

Minutes:

2.1  There was no urgent business for consideration.

3.

Declarations of Interest - Members to declare as appropriate

Members are invited to consider the guidance which accompanies this

agenda and make declarations of interest as appropriate.

Minutes:

3.1  There were no declarations of interest.

4.

Notice of Intention to Conduct Business in Private, Any Representations Received and the Response to 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 14 : 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:

4.1  The Mayor discussed ‘Appendix O - Save Colvestone Primary School’ from agenda item 10, CE S190 Education Sufficiency and Estate Strategy, which had been initially published as an exempt appendix.  The Mayor thanked the campaign group for their representations and the Governance and Legal services for enabling a redacted version of the appendix to be included in the supplementary papers.

 

4.2  The Mayor noted that ‘Appendix P - Why should we keep Randal Cremer Primary School open?’ remained exempt, but confirmed that all members of Cabinet had received and considered the original exempt appendices.

 

4.3  No other representations were received. 

5.

Questions/Deputations

Minutes:

5.1  Following the publication of the agenda the Chair advised that Cllr Adebayo  had submitted questions related to agenda item 10, CE S190 Education Sufficiency and Estate Strategy, and Cllr Garbett had submitted questions related to agenda item 10, CE S190 Education Sufficiency and Estate Strategy and agenda item 11, CHE S162 Adoption of Climate Action Plan.

 

5.2  All questions would be considered during the discussion of the relevant agenda items.

6.

Unrestricted Minutes of the Previous Meeting of Cabinet pdf icon PDF 114 KB

To agree the minutes of the previous meeting of Cabinet held on 24 April, 2023

Minutes:

RESOLVED: That the minutes of the previous meeting of the Cabinet held on 24 April 2023 were agreed.

7.

Unrestricted Minutes of Cabinet Procurement and Insourcing Committee pdf icon PDF 107 KB

To receive the minutes of the Cabinet Procurement and Insourcing Committee (CPIC) held on 17 April,  2023 - for noting only.

Minutes:

7.1  The Mayor requested Cabinet to note the membership of the Cabinet Procurement Insourcing Committee, which had been confirmed at the Annual Meeting on 17 May 2023, and thanked Deputy Mayor Bramble for her service to the Committee.

 

RESOLVED: That the minutes of the previous meeting of the Cabinet Procurement Insourcing Committee held on 17 April 2023 were noted.

8.

New items of Unrestricted Urgent Business

To consider any items admitted at Item 2 above.

 

Minutes:

8.1  No new items of unrestricted business were received.

 

9.

FCR S196 Capital Update and Property Disposals And Acquisitions Report pdf icon PDF 138 KB

To follow, pending final due diligence checks.

Decision:

RESOLVED:

 

1.  That the scheme for Finance and Corporate Resources and Housing as set out in section 11 be given approval as follows:

 

Voluntary and Community Sector (VCS) Property Portfolio Works: Resource and spend approval of £14,170k (£2,827k in 2023/24, £3,054k  in 2024/25, £2,923 in 2025/26, £2,592k in 2026/27 and £2,774k in 2027/28) is requested to carry out CIPFA recommended remedial works and Fire Risk Assessed compliance works to 21 properties under the leasehold responsibility of the Landlord (Hackney Council).

 

2.  That the scheme for Climate, Homes and Economy as set out in section 11 be given approval as follows:

 

Grow Back Greener North Marsh Pavilion: Resource and spend approval of £45k in 2023/24 is requested to fund the improvements to habitat in Hackney Marshes to increase biodiversity around the North Marsh.

 

Rewild London River Lea Biodiversity Improvement Project: Resource and spend approval of £63k in 2023/24 is required to fund the increasing biodiversity across Hackney in line with the emerging Local Nature Recovery Plan, creating more wild areas across all parks and green spaces.

 

Hackney Wick and Fish Island Public Realm Framework: Resource and spend approval of £70k in 2023/24 is requested to appoint an experienced landscape-led consultant team to develop a Public Realm Framework f or Hackney Wick and Fish Island (HWFI) which sets out a vision for HWFI and an approach to implementing a shortlist of deliverable projects in the area.

 

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.

Minutes:

9.1  The Mayor introduced the report noting the investment into the voluntary and community sector (VCS), highlighting in particular the dedicated building portfolio that the Council maintained, which supported VCS organisations to serve Hackney’s communities, and thanked the Council’s Commercial Property Team who managed the portfolio and had developed the capital bid ensuring a £14m investment through to 2027/28.

 

9.2  During a brief discussion, Cllr Kennedy noted that 21 of the Council's 46 VCS buildings would receive mechanical and electrical works, redecoration, and be updated to ensure they reach the newest fire and safety standards. Cllr Woodley welcomed proposals for two new biodiversity projects.

 

RESOLVED:

 

1.  That the scheme for Finance and Corporate Resources and Housing as set out in section 11 be given approval as follows:

 

Voluntary and Community Sector (VCS) Property Portfolio Works: Resource and spend approval of £14,170k (£2,827k in 2023/24, £3,054k  in 2024/25, £2,923 in 2025/26, £2,592k in 2026/27 and £2,774k in 2027/28) is requested to carry out CIPFA recommended remedial works and Fire Risk Assessed compliance works to 21 properties under the leasehold responsibility of the Landlord (Hackney Council).

 

2.  That the scheme for Climate, Homes and Economy as set out in section 11 be given approval as follows:

 

Grow Back Greener North Marsh Pavilion: Resource and spend approval of £45k in 2023/24 is requested to fund the improvements to habitat in Hackney Marshes to increase biodiversity around the North Marsh.

 

Rewild London River Lea Biodiversity Improvement Project: Resource and spend approval of £63k in 2023/24 is required to fund the increasing biodiversity across Hackney in line with the emerging Local Nature Recovery Plan, creating more wild areas across all parks and green spaces.

 

Hackney Wick and Fish Island Public Realm Framework: Resource and spend approval of £70k in 2023/24 is requested to appoint an experienced landscape-led consultant team to develop a Public Realm Framework f or Hackney Wick and Fish Island (HWFI) which sets out a vision for HWFI and an approach to implementing a shortlist of deliverable projects in the area.

 

REASONS FOR DECISION

 

The reasons for the decision were included in the printed decisions, published on the 23 May 2023 and can be found here.

10.

CE S190 Education Sufficiency and Estate Strategy - falling rolls pdf icon PDF 2 MB

Additional documents:

Decision:

RESOLVED:

 

That Cabinet approve that informal consultations are carried out on the:

 

1.  Proposed closure of De Beauvoir Primary School from September 2024.

 

2.  Proposed closure of Randal Cremer Primary School from September 2024.

 

3.  Proposed merger/amalgamation of Colvestone Primary School and Princess May Primary School, onto the Princess May site from September 2024.

 

4.  Proposed merger/amalgamation of Baden Powell Primary School and Nightingale Primary School, onto the Nightingale site from September 2024.

 

REASONS FOR DECISIONS

 

1.  Summary

Following years of growth, the number of primary aged children joining Hackney primary schools has been in steady decline since 2014/15, a trend observed across London, and most prevalent in inner-London boroughs. Pupil numbers are forecast to continue falling until at least 2028.

 

School funding is primarily determined by the number of children on roll, and falling rolls equates to reduced funding to deliver education across the borough. While primary schools’ rolls are falling but the number of schools remains unchanged, there is effectively less financial resource per school/child.

 

The Council has a statutory duty to ensure there are a sufficient number of school places for pupils and that places are planned effectively. Published Admission Numbers (PANs) reflect the maximum number of pupils schools can accommodate in each year group: this is derived from dividing the whole school PAN by the number of years within the school. Reductions to PANs have been implemented across several schools in recent years, however, they have not kept pace with falling numbers, leaving the surplus well above viable levels.

 

The Council monitors surplus reception places, a key measure of demand, and aims to maintain a 5-10% surplus across all Hackney primary schools. In 2023, the reception vacancy rate in Hackney was 21%. Without taking action, surplus reception places are forecast to rise above 25% by 2029.

 

Allowing surplus places to remain above 20% through inaction would directly and negatively impact the financial viability of many Hackney schools, which will have an impact on education. This is because schools with less income have less money for staff salaries, for extra curricular activities, for equipment, to pay bills and carry out maintenance work. The quality of education and classroom support offered for children in these schools would deteriorate in time, as the affected schools would have to deplete surplus funds or go into deficit to maintain their current education offer.

 

The proposals outlined in this report begin to address the issue of falling rolls. The Hackney Education team will continue to work together with our schools to review and adjust future plans in line with the priorities outlined in the Education Sufficiency and Estates Strategy to bring surplus places to within a sustainable range.

 

2.  Demand for reception places

2.1 Historical and current demand

In 2007 a surge in demand for reception places began to occur in Hackney, a trend replicated across other London boroughs. In response to this, LAs created additional places, at speed, either through new provision or by implementing bulge classes in existing schools.

 

In  ...  view the full decision text for item 10.

Minutes:

10.1  Deputy Mayor Bramble introduced the report by celebrating the improvement in education standards in Hackney and noting that the decision that was being considered was not a reflection of the performance of the schools, but that there were now not enough children seeking places as a result of factors outside the Council’s control.

 

10.2  Hackney’s schools received funding based on attendance, so each school was now missing out on significant resources which was having an impact on their ability to deliver extracurricular activities and maintain the number of teaching assistants.

 

10.3  Cllr Adebayo asked Cabinet if it was possible to have a better understanding of the costs of keeping the school open or reopening it in the near future; what support would be available for parents and students to deal with any closure; whether there was enough space for special educational needs students at Princess May Primary School; whether it was better to leave the school open in response to the Dalston Plan; whether the consultation would be open to all residents in Dalston, and if the consultation would have an impact on future plans; what the costs of maintenance would be if the school closed; and what the Council’s plans would be for the building.

 

10.4  Cllr Garbett asked Cabinet about roll number comparisons and the number of children who would likely move to Princess May from Colvestone; whether a consultation would be about how to close schools rather than whether to close them; whether the term ‘merger’ was misleading; why Faith schools were not being considered; whether schools being considered have been given an equal opportunity to succeed and if their local contexts have been fully considered; and if the Council is meeting its obligation to consider the medium - long term.

 

10.5   Deputy Mayor Bramble and the Mayor responded to the questions, confirming that;

·  there would still be capacity to accept additional children should demand increase;

·  Cllr Woodley had attended all informal sessions with schools reflecting the the importance of ensuring that children with Special Educational Needs (SEND) were supported;

·  Hackney’s Education department had given consideration to the support that would be required;

·  there were 10 children at Colvestone and 10 children at Princess May with Education, Health and Care Plans (EHCP), and Princess May was equipped to accommodate all those children.

·  the school had been reflected in the Dalston Plan, but the new housing that was planned would still not bring in enough children to impact demand;

·  consultation documents would be made available to all Hackney residents and would be provided in different languages as required;

·  there was a categorical commitment that the Council would not sell any of the education sites and certainly not to assist private development.

·  none of Hackney’s schools had failed, which was why the decision being

·  the Council had the power to reduce Published Admissions Numbers (PAN) in schools under its control, but not academies, free schools, or faith schools.  For those schools the Council could only make recommendations;  ...  view the full minutes text for item 10.

11.

CHE S162 Adoption of Climate Action Plan pdf icon PDF 285 KB

Additional documents:

Decision:

RESOLVED:

 

1.  To approve the final Climate Action Plan attached as Appendix 1 for adoption;

 

2.  To delegate authority to the Group Director for Climate, Homes and Economy to make amendments to the Climate Action Plan as necessary.

 

REASONS FOR DECISION

 

The climate and ecological crisis is having a significant negative impact in Hackney and across the world, through increased extreme weather events, such as flooding and extreme heat, that put communities, ecosystems, and natural resources at risk. Without drastic reductions in emissions, and adaptation to higher rainfall and warmer temperatures, the impacts of climate change will continue to worsen – affecting our lives and those of future generations. In response, the Council declared a climate emergency in 2019, supported by an ambitious vision to rebuild a greener Hackney in the wake of the coronavirus pandemic.

 

Hackney has made progress in reducing emissions over the last decade. Nevertheless, without faster action, driven by ambitious policies and targets, we won’t be able to protect communities and ecosystems from the effects of climate change. 

 

Many aspects of the transition are inherently uncertain, hence it is likely that progress may be faster in some sectors than others. Even in the near term there is high uncertainty whether projected emissions savings will advance as anticipated, we therefore need to keep options open while assessing if sufficient groundwork has been put in place to achieve overall borough-wide emissions targets.

 

Hackney Climate Action Plan

The Hackney Climate Action Plan (CAP) is the first holistic borough-wide plan to address the climate and ecological crisis, bringing together the various strands into one overall document and as such, is a key marker in consolidating the journey to net zero.

 

The CAP sets out an integrated approach for tackling the climate and ecological crisis. It provides a framework for everyone to take action to reduce emissions and adapt to the climate change that is already occurring, driven by an ambitious vision for a fairer and greener Hackney in 2030. This CAP is designed to set us in the right direction, but it will continue to need to be developed to keep pace with shifts across society, technology and wider policy, including the changing needs of communities, groups and organisations in Hackney.

 

Throughout the CAP, there are four key principles that guide our approach.

a)  Change is possible: Achieving the ambitions of the Paris Agreement, the international treaty that aims to limit global temperature rise to 1.5°C above pre-industrial levels, will require collective action at a rapid pace and large scale. There is still a path to avoid the worst impacts of the climate emergency and still an opportunity to effectively prepare

b)  Collaboration is key: We can only address the climate emergency by working together to tackle emissions and adapt our Borough to the changes already occurring. There are many opportunities to work collectively to reduce emissions and make our neighbourhoods more resilient.

c)  Fairness must be at its heart: We must ensure that those who are  ...  view the full decision text for item 11.

Minutes:

11.1  The Mayor thanked Officers for their work and highlighted that the Climate Action Plan (CAP) represented the ambition the Council had in relation to the Climate Emergency and the Green New Deal for Hackney, but also reflected that its ambitions wouldn’t be delivered without contributions from our communities and Hackney’s civic society.

 

11.2   Cllr Garbett welcomed the report and asked Cabinet how they saw the CAP changing decision making in the Council; whether accepting the Climate Emergency declaration had changed any decisions; and about plans regarding Pension investments. 

 

11.3    In response the Mayor confirmed that the Climate Emergency declaration had pushed the Council to go beyond the targets that existed in 2018 and highlighted the work of the Council on bike and EV infrastructure, community energy, and the introduction of the fortnightly collection of residual waste. The Cabinet Member for Finance, Insourcing and Customer Service confirmed the Pension Fund had a target of reducing its exposure to fossil fuel reserves by 50%, but it had reduced its exposure by over 90%.  The new policy was to be carbon free and to seek positive investment into renewable and biodiverse opportunities. 

 

RESOLVED:

 

1.  To approve the final Climate Action Plan attached as Appendix 1 for adoption;

 

2.  To delegate authority to the Group Director for Climate, Homes and Economy to make amendments to the Climate Action Plan as necessary.

 

REASONS FOR DECISION

 

The reasons for the decision were included in the printed decisions, published on the 23 May 2023, which can be found here.

12.

Officer Key Decision CHE S194 Wick Road - Road Safety and Public Realm Scheme pdf icon PDF 59 KB

For noting

Decision:

RESOLVED:

 

1.  Cabinet is recommended to note this report.

 

REASONS FOR DECISION

 

To stop vehicle waiting and loading on approach and exit to bus stops on Wick Road, reducing delays and overtaking in the oncoming lane when buses are aligning to bus stops.

 

To make the bus journey safer and comfortable for passengers and other road users.

 

To Promote public transport and make buses more reliable.

Minutes:

RESOLVED:

 

1.  Cabinet is recommended to note this report.

 

REASONS FOR DECISION

 

The reasons for the decision were included in the printed decisions, published on the 23 May 2023, which can be found here.

13.

Appointments and Nominations to Outside Bodies pdf icon PDF 58 KB

To follow.

Additional documents:

Decision:

RESOLVED:

 

1.  Agree the appointment of the Councillors on behalf of the Council to Outside Bodies on behalf as listed at Appendix 1.

 

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

Minutes:

RESOLVED:

 

1.  Agree the appointment of the Councillors on behalf of the Council to Outside Bodies on behalf as listed at Appendix 1.

 

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

14.

Exclusion of the Press and Public

Note from the Governance Team Leader:

 

Item(s) 14 -16 allows for the consideration of exempt information.

 

PROPOSED RESOLUTION:

 

THAT the press and public be excluded from the proceedings of the Cabinet during consideration of Exempt items 15 - 16 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 paragraphs 1 and 2 of Schedule 12A to the Local Government Act 1972 as amended.

Minutes:

RESOLVED: THAT the press and public be excluded from the proceedings of the Cabinet during consideration of Exempt items 15 - 16 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 paragraphs 1 and 2 of Schedule 12A to the Local Government Act 1972 as amended.

15.

CE S190 Education Sufficiency and Estate Strategy - falling rolls - Exempt Appendices

Minutes:

15.1  The Cabinet agreed that no further consideration of the exempt appendices in relation to agenda item 10 were required.

16.

New items of Exempt Urgent Business

To consider any EXEMPT items admitted at Item 2 above.

 

Minutes:

16.1  There were no new exempt items for consideration.