Apologies were received from Councillor Eady and Councillor Williams.

In accordance with the Members’ Code of Conduct, Members are requested to declare any interests orally at the start of the meeting and again immediately before consideration of the matter. Members are reminded to specify the agenda item number to which it refers and whether the interest is of a personal or prejudicial nature.

Members are also reminded of the requirements of Section 106 of the Local Government Finance Act 1992 that they should declare and not vote on specified matters if they are two months or more in arrears with their Council Tax payments.

There were no declarations of interest.

To consider and approve the Minutes of the meeting held on 23 November 2009 attached.

The Minutes of the meeting held on 23 November 2009 be received and approved and the Chair be authorised to sign them.

The Cabinet heard representations from Derek Robinson on Item 19.

None.

None.

None.

None.

This report requests Cabinet, in its role as ‘local decision-maker’, to consider the proposal to close Hampton Community College and replace it with an academy sponsored by Kunskapsskolan and managed by the Learning Schools Trust. 

Report of the Director of Children’s Services and Culture attached.

ANNEXES 1 - 4 OF APPENDIX 4 ARE A SEPARATE ENCLOSURE TO THE MAIN AGENDA.

This is a key decision.

The Leader of the Council introduced the report by stating that the Administration considered the education of young people as an acute priority.  Although gratified by results in primary schools, it had always considered that secondary schools needed to be improved.  He was pleased that strides were being made in this area.  The three schools proposed for Academy status needed to be re-launched as new schools.  Radical new investment was needed.  The reports before Cabinet had been considered by the Children’s Services and Culture Overview and Scrutiny Committee.

The Cabinet heard representations from Councillor Nicholson, Chair of the Children’s Services and Culture Overview and Scrutiny Committee, who stated that although differing views had been expressed at the meeting on 16 November 2009 (some had concerns about the consultation and that having Kunskapsskolan as sponsor for both schools meant there would be no choice in the area; while others considered that there was no choice at present and outstanding academies would provide a genuine choice), it was noted that the Academies programme was a means of putting resources into the schools.  It helped that the authority was a co-sponsor with Kunskapsskolan and that they were in agreement with working in the family of borough schools. The Overview and Scrutiny Committee had examined the affordability issues, design and build and legal matters.  The committee was pleased that sustainability was considered, that Partnership for Schools had confidence in the programme and with the support of Officers.  The Overview and Scrutiny vote in favour of the proposals on 10 December 2009 had been carried unanimously.

Cabinet first examined Appendix 4, Hampton Academy – Building and Construction Project Affordability and Risks.  The Director of Children’s Services and Culture advised Cabinet that although the report before it appeared technical, it was part of the wider vision of improving standards in all secondary schools. He was pleased with the outcome of the consultation exercises. The local population were in favour of the changes proposed and the increased take-up for HCC reflected this.

In discussion Cabinet noted that it was acting in a ‘quasi-judicial’ role and was making a series of separate decisions.  Although final decisions were being taken at this meeting, it was acknowledged that there had been many discussions up to this point and full statutory consultation had taken place. The statutory consultation, and the consultation undertaken by Appleyards, had showed that many local people were in favour of the proposal and that few objections had been made.    Particular weight was given to those most directly affected by the academies proposals when considering consultation responses.

Cabinet RESOLVED that the following decisions be taken on an urgent basis, not subject to call-in procedures, so that statutory deadlines are met;

(1)   It be acknowledged that the Partnerships for Schools (PfS) framework is the process by which the Council is obliged to procure the contractor in relation to the redevelopment of the proposed Academy at Hampton Community College;

(2)   That in principle, the Outline Business Case  ...  view the full minutes text for item 127.

View the details of the Children’s Services and Culture Overview & Scrutiny Committee meetings held on 16 November 2009 and 10 December 2009.

This report requests Cabinet, in its role as ‘local decision-maker’, to consider the proposal to close Whitton School and replace it with an academy sponsored by Kunskapsskolan and managed by the Learning Schools Trust. 

Report of the Director of Children’s Services and Culture attached.

ANNEXES 1 - 4 OF APPENDIX 4 ARE A SEPARATE ENCLOSURE TO THE MAIN AGENDA.

This is a key decision.

The Cabinet heard representations from Councillor Nicholson, Chair of the Children’s Services and Culture Overview and Scrutiny Committee, who stated that the Committee was unanimously in favour of Whitton School becoming an Academy.  It was aware that new facilities were urgently needed, although a substantial increase in educational standards was the first priority.

Cabinet first examined Appendix 4, Twickenham Academy – Building and Construction Project Affordability and Risks.  The Director of Children’s Services and Culture advised Cabinet that this report was clearly separate from that for the Hampton Academy and that separate consideration and decisions were therefore required.  Separate consultation had been undertaken and, although the same sponsor was recommended for both Academies, they should not be seen as a pair.  Cabinet, in discussion, noted that the consultation responses received from the public were more overwhelmingly in favour in this case and that major improvements were needed in terms of the fabric of the buildings.

Cabinet RESOLVED that the following decisions be taken on an urgent basis, not subject to call-in procedures, so that statutory deadlines are met;

(1)   It be acknowledged that the Partnerships for Schools (PfS) framework is the process by which the Council is obliged to procure the contractor in relation to the redevelopment of the proposed Academy at Whitton School.

(2)   That in principle, the Outline Business Case as indicated in the report, be approved and authority be delegated to the Deputy Leader and Cabinet Member for Resources and the Cabinet Member for Children’s Services and Education, to approve the detail of the Outline Business Case documentation, the overview of which is referenced in this report.

(3)   Authority be delegated to the Deputy Leader and Cabinet Member for Resources and the Cabinet Member for Children’s Services and Education to approve the short-list of bidders from the PfS framework in March 2010.

(4)   Authority be delegated to the Leader of the Council under the new executive arrangements to approve the preferred bidder derived from the short-list in August 2010. Details of the process are outlined within this report.

(5)   It be noted that a further report will be presented to Cabinet for approval at the point of Final Business Case (FBC) and Contract Award in February 2011. At this point the Council will then obtain final approval from PfS / DCSF, and will enter into the Development Agreement with the Academy Trust and award the Design and Build contract so that construction works can begin. This will be in line with Clause 9.9 of Contract Standing Orders.

(6)   That the further development of the scheme be sanctioned and so long as the scheme remains affordable within the PfS FAM, it be confirmed that the schemes can proceed to FBC.

(7)   That a waiver of Contract Standing Orders under section 3.3 (a) (iii) be approved to appoint Validus Management to supply Project Management support, advice and guidance for the Academies Programme

REASONS

Ø      To ensure continued improvement in standards in Education

Ø      To ensure that  ...  view the full minutes text for item 128.

View the details of the Children’s Services and Culture Overview & Scrutiny Committee meetings held on 16 November 2009 and 10 December 2009.

This report advises the Cabinet of the results of the first Comprehensive Area Assessment for Richmond upon Thames, which will be announced on 9 December 2009 and are under embargo until that date.  A full report on the results will be provided after publication and in advance of the Cabinet meeting on 14 December .

Report of the Leader and Cabinet Member for Strategy and Partnerships and the Cabinet Member for Performance attached.

Cabinet considered the results of the Comprehensive Area Assessment and in particular thanked those staff involved in gaining the excellent results under the Ofsted and Care Quality Commission assessments.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the outcome of the Comprehensive Area Assessment be noted and the proposals for moving forward be agreed.

The report seeks Cabinet’s agreement to adopt the Allotment Strategy 2010 -2015.

Report of the Cabinet Member for Environmentattached.

The Cabinet heard representations from Councillor Cardy who stated that having chaired the task group on allotments, he noted some differences between the report and this policy as the sub-division of plots had been scaled down.  Few allotment holders opposed this sub-division and it would extend availability.  He raised concerns on behalf of allotment holders about the possible percentage increase in the charge for allotments and asked that this be clarified quickly.  He also considered that not using shredded street trees for mulching was a missed opportunity and could have raised income.

The Cabinet also heard representations from Councillor Elloy, Chair of the Environment and Sustainability Overview and Scrutiny Committee who considered that the strategy was balanced and fair.  An improved service had been suggested and any increase in rental would be reported along with other fees and charges of interest to his committee.  Officers had identified more efficient use of allotments and his committee would welcome a review of any new measures in due course.

Cabinet was advised by the Head of Parks and Open Spaces that there was already some use of shredded street trees and that this was considered a management issue.  Cabinet was also informed that 86 new people had joined the waiting list since 1 November.  In discussion Cabinet considered that although there was a limit to sub-division, smaller sizes would encourage new users.  Some users found the large allotments difficult to manage. 

There was a discussion about the level of subsidy within the allotment fees and the rate at which this would be reduced. The Leader made it clear that there could be no guarantee that this would be reduced over a period so long as 5/6 years given the overall financial position. He also made it clear though that there is no intention that rental charges would double this coming year and that officers would also be seeking to reduce costs. It was also confirmed that proposed revisions to Fees and Charges would go to the January Environment Overview and Scrutiny Committee for discussion before they were confirmed.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the Allotment Strategy 2010-2015 be adopted and the sixteen recommendations set out within the Allotment Strategy be approved.

To inform Members of the current costs incurred by the Council of enabling customers to pay by credit card and to recommend that from 1^st April 2010 these costs are passed on to customers using this payment method in the form of a handling fee.

Report of the Deputy Leader and Cabinet Member for Resources attached.

This is a key decision.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the application of a ‘handling fee’ in respect of credit card payments made to the Council from 1 April 2010, in line with paragraph 3.19 of the report be approved, with the exception of Parking Fines, pay to park charges, and any other charges in respect of which the Director of Finance and Corporate Services is advised that no sufficient legal power to levy such charges can be identified.

(2)   That the rate of the handling fee be set at a level equal to, but not exceeding, the charge levied to the Council for the credit card payment.

(3)   That the ability to change the rate of the handling fee in future, and also to levy such a handling charge on any other payment which are indentified as legally permissible, be delegated to the Director of Finance and Corporate Services for operational efficiency in accordance with the principle mentioned in resolution (1) above.

The report provides a brief summaries of the content of the Draft London Plan and Draft Economic Development Strategy and suggests matters which should be subject to comments to the Mayor.

Report of the Leader and Cabinet Member for Strategy and Partnerships, the

Cabinet Member for Environment and the Cabinet Member for Traffic, Transport and Parkingattached.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the comments on the Draft London Plan (Paragraph 3.7 of the report), the Draft Economic Development Strategy (Paragraph 3.9 of the report) and the Draft Transport Strategy (Paragraphs 3.14 – 3.21 of the report) be approved.

(2)   That authority be delegated to the Head of Policy and Design in consultation with the Cabinet Member for Environment, to agree any further minor changes to the response to the London Plan, to include (if appropriate) any matters raised by local groups (see Paragraph 4.1 of the report)

(3)   That authority be delegated to the Head of Transport in consultation with the Cabinet Member for Traffic, Transport and Parking to agree any further minor changes to the response to the Mayor’s Transport Strategy (see Paragraphs 3.14-3.21 of the report).

This report seeks Cabinet’s agreement to the comments on the consultation document.

Report of the Cabinet Member for Environment attached.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the response to the Environment Agency’s consultation on the draft Lower Thames Flood Risk Management Strategy at Paragraph 3.9 of the report be endorsed.

This report seeks a waiver of Standing Order 6.1 to facilitate the appointment of a designer/constructor for the BMX/skateboard facility at Barn Elms and to delegate authority to the Cabinet Member for Youth Culture and Leisure to appoint the preferred firm.

Report of the Cabinet Member for Youth, Culture and Leisure and the Deputy Leader and Cabinet Member for Resources attached.

This is a key decision.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED that

(1)   It be agreed to waive Contract Standing Order 6.1.

(2)   That authority be delegated to the Cabinet Member for Youth, Culture and Leisure in consultation with the Head of Development and Regeneration and the Acting Head of Integrated Youth Support to appoint the designer/constructor for the new BMX/skateboard facility at Barn Elms.

To provide an overview for the next full update of the Council’s Medium Term Financial Strategy (MTFS) and, in particular, to consider the impact of the current economic situation on the Council’s future plans.

Report of the Deputy Leader and Cabinet Member for Resources attached.

A revised Appendix A was tabled at the meeting.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   That the changes identified in the financial strategy be noted and the action being taken be endorsed.

This report informs Cabinet of the Council’s performance in relation to achieving its priorities as set out in the Corporate and Community Plans and against the national indicators for July to September inclusive, quarter 2, of 2009-2010.

Report of the Cabinet Member for Performance attached.

The Cabinet Member for Performance highlighted the importance of this report as it linked into the work being undertaken by the Council for the comprehensive Area assessment.  There was continuous improvement in the Performance Indicators and action was being taken across the board.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED

(1)   The progress in relation to key priorities, including actions and targets within the Corporate and Community Plans and performance against national indicators as summarised in the performance report at Appendix A be noted, and the actions being taken where performance is identified as amber or red be considered.

The report recommends the disposal of the Council’s freehold reversionary interest in premises known as The Bingham Hotel, 61-63 Petersham Road, Richmond.

Report of the Deputy Leader and Cabinet Member for Resources attached.

This is a key decision.

Cabinet heard representations from Derek Robinson of the Richmond Society, which included the following points,

Ø      He had no objection to the sale but to its timing

Ø      Planning enforcement officers were aware of a number of planning breaches at the property

Ø      He considered that the hotel had not been as co-operative as it might have been over these planning breaches

Ø      It was inappropriate to sell the freehold before the planning breaches were resolved

Ø      The loss of landlord control raised concerns that covenants would not be enforced

Ø      There were a total of nine breaches of which eight had been identified by the Planning Enforcement Officer and one concerning ducting on the south side of the building to which the Richmond Society had alerted the council.

Cabinet was advised by the Director of Environment that the council had two roles in relation to the property; as landlord and as the local planning authority.  In the case of long leases, of which this was an example, enforcement of covenants was more difficult than for shorter term leases.  The Council had been offered a good price for its interest, which could be affected by any delays in sale and he urged the Cabinet to rely on the Council’s powers as planning authority in terms of the alleged breaches rather than through any link to the sale process.  He emphasised that any planning issues would be ongoing, regardless of the sale, and the Council would continue to act robustly in accordance with planning enforcement law.

The reasons for the decision and any alternative options considered and rejected are set out in the report.

RESOLVED that

(1)   the Council’s freehold interests in 61 & 63 Petersham Road, Richmond be sold to the current lessee on terms set out in the confidential report, with finalisation of detailed terms to be delegated to the Assistant Director, Property, Parks & Sustainability.

(2)   The Director of Environment be asked to examine and expedite the planning enforcement issues.

To decide having regard to the particular nature of the business to be transacted, whether or not to exclude the Press and Public during consideration of the following items on the grounds that they were likely to disclose exempt information by virtue of Paragraph 3 of schedule 12 A (as amended) to the Local Government Act 1972.

Having regard to the particular nature of the business to be transacted, the press and public be excluded during consideration of the following items on the grounds that they were likely to disclose exempt information by virtue of paragraph 3 as defined in Access to Information Rule 10.4.

Confidential report attached.

(1)   That the report be noted.