Agenda, decisions and minutes

1.1  Apologies for absence were received from Cllr McKenzie. and apologies for lateness were received from Cllr Coban.

Members are invited to consider the guidance which accompanies this agenda and make declarations of interest as appropriate.

2.1  There were no declarations of interest.

The Chair will consider the admission of any late items of Urgent Unrestricted Business which will be considered under the agenda item where they appear.

3.1  There was no urgent business for consideration.

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 [22] : 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.

4.1  No representations were received.

5.1  No questions were received.

To agree the minutes of the previous meeting of Cabinet held on 22 May 2023.

RESOLVED: That the minutes of the previous meeting of the Cabinet held on 22 May 2023 be agreed as a true and accurate record of proceedings.

To receive the minutes of the Cabinet Procurement Committee (CPC) held on 2 May 2023 - for noting only.

RESOLVED: That the minutes of the previous meeting of the Cabinet Procurement Insourcing Committee held on 2 May 2023 be noted.

RESOLVED:

1.  That the scheme for Adults, Health and Integration Directorate as set out in section 11 be given approval as follows:

Oswald Street Day Centre Ventilation Project: Resource and spend approval of £324k in 2023/24 is requested to install new mechanical ventilation fans to supply fresh air to the activity rooms and improve the energy efficiency of the building and to apply acoustic treatment to the existing kitchen fan.

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

Data Analytics Platform: Spend approval of £405k (£127k in 2023/24, £208k in 2024/25 and £70k in 2025/26) is requested to enable Council officers to continue further development of the Council’s cloud-based data analytics platform.

Building Access Management System: Resource and spend approval of £450k in 2023/24 is requested to enable Council Officers to proceed with the replacement of the borough’s Building Access Management System with a fit for purpose solution that satisfies the Council’s IT and Accommodation strategies.

3.  To approve the updated Small Assets Fast Track Policy as set out in section 12 and in Appendix 1.

4.  That the schemes outlined in section 13 to 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 and to approve the property proposals 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.

8.1  The Mayor introduced the report and highlighted the safeguarding of Oswald Day Centre; the investment in continuing platforming capabilities and data analytics; the building access management system, which would safeguard buildings and staff and help to deliver Spacebank 2.0; and the start of the drawdown in relation to the successful Levelling-up bid.

RESOLVED:

1.  That the scheme for Adults, Health and Integration Directorate as set out in section 11 be given approval as follows:

Oswald Street Day Centre Ventilation Project: Resource and spend approval of £324k in 2023/24 is requested to install new mechanical ventilation fans to supply fresh air to the activity rooms and improve the energy efficiency of the building and to apply acoustic treatment to the existing kitchen fan.

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

Data Analytics Platform: Spend approval of £405k (£127k in 2023/24, £208k in 2024/25 and £70k in 2025/26) is requested to enable Council officers to continue further development of the Council’s cloud-based data analytics platform.

Building Access Management System: Resource and spend approval of £450k in 2023/24 is requested to enable Council Officers to proceed with the replacement of the borough’s Building Access Management System with a fit for purpose solution that satisfies the Council’s IT and Accommodation strategies.

3.  To approve the updated Small Assets Fast Track Policy as set out in section 12 and in Appendix 1.

4.  That the schemes outlined in section 13 to be noted.

REASONS FOR DECISION

The reasons for the decision were included in the printed decisions, published on the 27 June 2023 and can be found here.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

None.

RESOLVED:

1.  To agree to accept the indicative grant allocation of £2,782,430 from the Greater London Authority for universal free school meals for the academic year 2023-24 and to enter into a grant agreement with the Greater London Authority in respect of such funding.

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

REASONS FOR DECISION

To facilitate financial management and control of the Council's finances and to facilitate the process of accepting the GLA grant funding for schools within Hackney and enter into a grant agreement with the GLA to accept the grant terms and conditions.

9.1  The report was introduced by the Cabinet Member for Finance Insourcing and Customer Service, Cllr Chapman, who noted the General Fund provisional outturn of an overspend of £7.013m which, thanks to the work of members of Cabinet and Officers, was an improvement of £800k from February 2023.

9.2  Cllr Chapman also confirmed the acceptance of the £2.78m grant to deliver the Mayor of London’s commitment to fund free school meals for primary school pupils.

RESOLVED:

1.  To agree to accept the indicative grant allocation of £2,782,430 from the Greater London Authority for universal free school meals for the academic year 2023-24 and to enter into a grant agreement with the Greater London Authority in respect of such funding.

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

REASONS FOR DECISION

The reasons for the decision were included in the printed decisions, published on the 27 June 2023 and can be found here.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

This budget monitoring report is primarily an update on the Council’s financial position. It also includes a proposal to accept £2.8m of grant funding from the GLA for the universal provision of free school meals in our maintained primary schools and academies. The alternative is not to accept this grant. This would mean missing out on this opportunity for universal free school meal provision in our schools for the duration of the grant.

RESOLVED:

1.  Approve the final Green Infrastructure Strategy (GIS) attached as Appendix 1;

2.  Approve the final Local Nature Recovery Plan (LNRP) attached as Appendix 2; and

3.  Delegate authority to the Group Director for Climate, Homes and Economy to make any amendments to the Green Infrastructure Strategy (GIS) and Local Nature Recovery Plan (LNRP) as necessary.

REASONS FOR DECISION

More than 40% of the borough’s land is classified as green cover, made up of parks, open spaces, gardens and other green areas. The Council has long recognised the significant impact that green infrastructure (including quality parks and green spaces) can have on the achievement of its vision and objectives, and has therefore placed a high priority on developing and improving them over the last decade or so. The development of a Green Infrastructure Strategy also reflects an earlier manifesto commitment to develop a Public Realm Infrastructure Plan and was identified as a recommended action arising from the Local Plan evidence base open space assessment work. The development of a Local Nature Recovery Plan meets the commitment to update the Council’s earlier Biodiversity Action Plan, as well as new requirements under the Environment Act 2021 for the preparation of Local Nature Recovery Strategies.

Climate change is accelerating ecological decline and can exacerbate the pollution of our air and water. Changing weather patterns and shifting seasons disrupt ecological cycles, air pollution gets worse during heatwaves and summer storms wash contaminants into our rivers and canals. Protecting, improving and increasing the Borough’s green infrastructure can tackle some of these problems, while also helping to reduce temperatures and flood risk. Spending time outdoors in green spaces or good quality public realm has proven benefits for both physical and mental health, and can help overcome isolation and increase opportunities to connect with others, but can be curbed by poor air quality, noise or lack of shade or shelter.

Green infrastructure is therefore integral and essential to the Borough’s resilience, meeting its future challenges and the delivery of its wider strategies, both at a community and individual level. Green infrastructure has a key role to play in:

·  Cooling the Urban Environment and Improving Air Quality: Urban green infrastructure, particularly spaces with significant tree cover and/or large water bodies, have always played an important role as places to seek respite from high temperatures and large canopied trees can significantly reduce temperatures at street level by providing shade;

·  Encouraging Walking and Cycling: Walking and cycling more results in better physical health and is the main way Londoners get their physical activity. Green infrastructure in cities can promote alternative transportation methods - pleasant quiet or car free routes can encourage people to walk or cycle instead of driving. Parks and green spaces play an important role in providing through-routes / active travel routes;

·  Enhancing Biodiversity and Ecological Resilience: There are benefits in enhancing natural processes for the benefit of people and wildlife, conserving the most special landscapes habitats and species;

·  Improving Health and Wellbeing: There are significant  ...  view the full decision text for item 10.

10.1  Introducing the report, the Cabinet Member for Families, Parks and Leisure, Cllr Woodley thanked residents, volunteer groups, Officers, and Cabinet colleagues for their work to help develop the strategy, and spoke to the efforts that were already underway that evidenced the commitment in Hackney to retaining and protecting the natural world.  Cllr Woodley also drew attention to the impact from extreme weather and the category 1 pollution event in the River Lea had had on the borough’s biodiversity work and river restoration and nature recovery work.

10.2  The Mayor and the Cabinet Member for Climate Change, Environment and Transport spoke in support of the new strategy and recovery plan.

RESOLVED:

1.  Approve the final Green Infrastructure Strategy (GIS) attached as Appendix 1;

2.  Approve the final Local Nature Recovery Plan (LNRP) attached as Appendix 2; and

3.  Delegate authority to the Group Director for Climate, Homes and Economy to make any amendments to the Green Infrastructure Strategy (GIS) and Local Nature Recovery Plan (LNRP) as necessary.

REASONS FOR DECISION

The reasons for the decision were included in the printed decisions, published on the 27 June 2023 and can be found here.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Do nothing was rejected as it goes against the Mayor's strategic priorities, alongside an earlier manifesto commitment to produce a Public Realm Infrastructure Plan as well as update the Biodiversity Action Plan. The preparation of a GIS was also referenced as part of the findings within the Local Plan evidence base for open space assessment.

An earlier option to produce a more defined delivery focused implementation plan for the public realm alone was rejected. It was felt that this would be too narrow and operational in focus and unlikely to reflect the need for a more strategic cross cutting approach that clearly articulates a vision and direction of travel for the Council and key partners.

In respect of the LNRP an earlier option was to update the Biodiversity Action Plan. This was discounted due to:

·  Shortcomings noted with the earlier Biodiversity Action Plan which contained a very detailed set of conservation measures for priority habitats and species without clear ownership;

·  The lack of its alignment with other strategic documents prepared by the Council.

·  The need for a more pragmatic delivery focused approach, providing spatially specific actions and/or recommendations to enable and accelerate nature recovery.

Alternative recommendations for the GIS were also considered and either modified or rejected.

·  A Council only focussed GIS - would not robustly make linkages with others to deliver a boroughwide multi partner response;

·  Relying on separate policies and plans without an overarching approach was considered too fragmented and cross cutting benefits likely to be reduced.

RESOLVED:

1.  That Cabinet approves that a consultation exercise in relation to the renewing and varying the existing Public Spaces Protection Order which would place controls on  dog fouling, dog exclusion, dogs on leads, dogs on leads where requested and on the maximum number of dogs that can be walked by one person is undertaken. A copy of the proposed Order is attached to this 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:

(1)  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.

(2)  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’ Court can impose a fine not exceeding level 3 on the standard  ...  view the full decision text for item 11.

11.1  Cllr Fajana-Thomas, Cabinet Member for Community Safety and Regulatory Services, confirmed that a Public Spaces Protection Order (PSPO) was intended to deal with a particular form of nuisance, in a specific location, to allow members of the community to enjoy public spaces safe from antisocial behaviour.  Recently reported antisocial behaviour associated with dogs had been increasing.

11.2  There had been a PSPO related to dog control in place in Hackney since 2017, which was due to expire in March 2024, so before any possible future decision on the PSPO the Council would ensure adequate time to consult.

RESOLVED:

That Cabinet approves that a consultation exercise in relation to the renewing and varying the existing Public Spaces Protection Order which would place controls on  dog fouling, dog exclusion, dogs on leads, dogs on leads where requested and on the maximum number of dogs that can be walked by one person is undertaken. A copy of the proposed Order is attached to this report as Appendix 1.

REASONS FOR DECISION

The reasons for the decision were included in the printed decisions, published on the 27 June 2023 and can be found here.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Not having a PSPO in place regarding dog control will have a detrimental  impact on the Community Safety and Enforcement Officers to enforce dog-related nuisance across the borough. This may lead to increased dog fouling, dogs being a nuisance and not being adequately controlled, dogs entering children’s play areas, sports areas and marked pitches.

Officers can enforce By-laws relating to Parks, Gardens and Open Spaces, which were first made in 1932, transferred to Hackney Council from The Greater London Council in 1971. The by-laws are outdated and hold a maximum penalty of £20, which is not a sufficient deterrent to those who would breach them.

This option would be contrary to the need for the PSPO and public support for the PSPO. It is also likely to result in the re-occurrence of the activities that are detrimental to the quality of life of people who live, visit or work in the borough.

An options analysis will be undertaken before any decision to renew the  PSPO is taken, including for any additional controls included in the draft order  . Cabinet will need to decide whether or not to renew the PSPO together with any proposed additional controls once the outcomes of the consultation are known and have been analysed.

RESOLVED:

1.  That Cabinet is asked to approve the Executive response, found in Appendix 1, to the Children and Young People and Living in Hackney joint Scrutiny Commission Review on Housing Support for Care Leavers.

REASONS FOR DECISION

Hackney Council is required to produce a response to the Children and Young People and Living in Hackney joint Scrutiny Commission Review on Housing Support for Care Leavers. The response draws on work underway and is in line with principles, values and priorities held by Hackney Council.

12.1  The Mayor, Deputy Mayor Bramble, and Deputy Cabinet Member for Housing Needs and Homelessness, Cllr Etti spoke in support of the response highlighting the work of Officers from Housing Needs and Children and Education, and thanked Scrutiny for their integral role in the Council’s work.

RESOLVED:

That Cabinet is asked to approve the Executive response, found in Appendix 1, to the Children and Young People and Living in Hackney joint Scrutiny Commission Review on Housing Support for Care Leavers.

REASONS FOR DECISION

Hackney Council is required to produce a response to the Children and Young People and Living in Hackney joint Scrutiny Commission Review on Housing Support for Care Leavers. The response draws on work underway and is in line with principles, values and priorities held by Hackney Council.

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.

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.

RESOLVED:

1.  Cabinet is recommended to approve the following nominations as set out below:

RESOLVED:

1.  Cabinet is recommended to approve the following nominations as set out below:

Note from the Governance Team Leader:

Agenda Item(s) XX - XX allows for the consideration of exempt information.

Proposed Resolution:

That the press and public be excluded from discussion of the remaining items on the agenda, on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A to the Act.

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.

The Chair will consider the admission of any late items of Exempt Urgent Business

16.1  There were no new exempt items for consideration.