Meetings, Agenda and Minutes

RESOLVED that the minutes of the meeting held on 16 June 2009 be confirmed as a correct record. 

The Authority has a statutory duty as the commissioner of school places to ensure that there are sufficient places in schools across the area to promote diversity and increase parental choice.  There is a significant increase in the numbers of children requiring a school place; it is projected that an additional twelve forms of entry are needed for September 2010 Reception Year admissions, so there is a sustained need to expand Primary School provision.

A Strategy is being developed to provide the additional places from 2010 onwards and an informal consultation has been carried out to inform the Strategy’s development.  The final plan for the expansion will combine the results from the consultation, availability of land for new schools, likely outcome of planning applications and the practical issues of expanding individual schools as determined from the feasibility studies which are currently being undertaken.

Options to expand existing schools will be pursued with those schools most able and willing to do this by continuing with the feasibility work and further discussions with Governing Bodies and with the Southwark Diocese and RC Archdiocese of Southwark in the early autumn.  Also, options for new school sites will be reviewed together with costings of all the different options.  A further report with final recommendations for providing additional places will be submitted to the Executive in November.   Following approval, the statutory consultation process will be carried out.

Edward Davey, MP for Kingston and Surbiton Constituency, and Susan Kramer, MP for Richmond Park Constituency, attended the meeting and gave their views on the options and consultation.  They also informed the Executive of action they had taken to inform Government Ministers of Kingston’s situation and to press them to agree funding. 

RESOLVED that

1.                  the proposals, including feedback from the informal consultation which  requests the Authority to identify further sites for new schools, be noted;

2.                  a further report be submitted to the Executive in November 2009 on the proposed Strategy, after further consultation with all interested parties; and

3.                  it be noted that proposals for statutory consultation will commence no earlier than late in 2009.

Reason for decision

To meet the Authority’s statutory responsibility to secure sufficient school places.  

The Executive previously established a Cross Party Member Group to look into options for the Council’s housing stock because of the financial constraints on the Council’s Housing Revenue Account.  In particular, the Executive was concerned that the payment of “negative subsidy” back to the Government, at a rate of 31p in every £1 of rent paid, was preventing the Council investing sufficiently in repairs and improvements to its housing stock.  The Cross Party Group made a detailed assessment of all the options currently available but focussed mainly on stock retention, the Government’s review of the Housing Revenue Account subsidy system, asset backed vehicles, and stock transfer. 

The Group also had overview of a consultation with residents designed to assess their opinion about the condition of their homes, and options for future investment.  The outcome showed residents are aware of the Council’s financial position, want investment, but many are reluctant to transfer away from the Council.  The majority of respondents are satisfied with their homes.

The Group concluded that although there is no consensus yet about the way forward, there is consensus about the need for change; the Council therefore needs to continue to look for a long term solution for securing investment in the housing stock.  Also, at a time when Government policy on housing finance is itself in flux, the Council should consider a fresh approach to the Government seeking its co-operation in finding a long-term solution to housing investment needs in Kingston. 

The Group recommended that the Cross Party Group continue in order to oversee the programme of work it has recommended.   However, at the Executive meeting Councillor Ian George, Shadow Executive Member for Housing, expressed dissatisfaction at the action taken over the past four years by the Administration to address the issues, and consequently advised that the Conservative Members were withdrawing from the Cross Party Group.

A number of options and initiatives will be further investigated in accordance with the Group’s recommendations.

Edward Davey, MP advised the Executive of the action he had taken to attempt to persuade Government to change the Housing Revenue Account subsidy system, and the current position on that issue.

RESOLVED that

1.         the Cross Party Group on Housing Investment Options be thanked for its report;

2.         in the light of the strong preference expressed by many residents that they wish to remain as Council tenants, the Authority should not at this time formally pursue a wholesale transfer of its housing stock and that more work should be done with residents to allow a consensus to emerge about how to secure the investment required in Council homes;

3.         the recommendations of the Cross Party Group be agreed, namely:

i.    The Council should use the new Savills Stock condition survey to draw up a new investment strategy for the housing stock in the short term, pending finding a long term solution to the stock’s investment needs;

ii.    Working with residents at a local level, the Authority should draw up an Estate Profile of the  ...  view the full minutes text for item 32.

To meet European and Government targets for reducing the amount of waste sent to landfill and increasing recycling and composting rates, there is a pressing need for a network of new and expanded waste treatment facilities across the UK to compost, recycle and extract energy from waste.  All UK planning authorities are required to identify sites within their own boundaries for future waste management facilities.  The London Boroughs of Croydon, Kingston, Merton and Sutton are working together to develop a Joint Waste Development Plan Document which will set out a framework for sustainable waste management for all waste produced in an area. 

The final joint waste Development Plan Document will be adopted by the partner Councils in September 2011, having first been through consultation and submission to, and examination by, the Secretary of State. 

The Joint Waste Development Plan Document Member Working Group for progressing the Preferred Sites and Policies Consultation Report has developed an emerging preferred strategy; identified sites to meet the Plan area’s strategic waste management needs, and identified proposed policies which will be used to assess and control development of new and/or enhanced waste management facilities.

RESOLVED that

1.         the sites contained in Tables 2.2 to 2.6 set out in Appendix A of Appendix C to the agenda be approved for public consultation;

2.         the policies summarised in Table 3 of Appendix C to the agenda be approved for public consultation;

3.         the draft Sites and Policies Consultation Report be approved and Roy Thompson, Service Director (Planning and Transportation) be authorised, in consultation with the South London Waste Plan Project Manager and Chair of the Joint Waste DPD Member Working Group, to make minor amendments to the Consultation Report, prior to public consultation;

4.         the consultation arrangements be noted; and

5.         the Members of the Joint Waste Development Plan Document Working Group and the Planning Officer Group be authorised to develop public consultation materials (leaflets, posters etc), based on the content of the draft Sites and Policies Consultation Report.

Reason for decision

To enable public consultation to be carried out on the sites and policies proposed for inclusion in the Joint Waste Development Plan and to meet the timescale for this consultation set out in the Local Development Scheme. 

(NOTE: Councillors Derek Osbourne, Bob Steed, Ian Reid, and Tricia Bamford had advised that they were members and alternates on the South London Waste Partnership Joint Committee.  They remained at the meeting and participated in making the decision.)

The Sustainable Communities Act provides a channel for local people, via their Council, to propose changes to improve the sustainability and economic, social or environmental wellbeing of their area.  As part of the process for this Authority, suggestions were sought for likely issues and in June a community panel comprising RBK residents prioritised 14 proposals for making the Borough a better place to live.  The proposals were ranked in accordance with the panel’s preferences and against a selection criteria established by the Local Government Association.

Proposals have to be submitted to the Local Government Association by 31 July and as it is not possible to research thoroughly all 14 proposals by the submission date, three (albeit one contains three of the proposals) are being selected for further research and submission.  The Kingston Strategic Partnership also considered the proposals but made no comments.

A covering letter approved by the Leader of the Council will be sent with the proposals expressing disappointment that the original intention to provide local spending reports containing  information about all public expenditure in the area and likely to include expenditure by Central and local government bodies and all others exercising public functions, did not materialize.  The contents of the letter will be shared with the Leader of the Opposition prior to its dispatch.

RESOLVED that the following proposals be submitted to the Local Government Association by 31 July 2009 in accordance with the Sustainable Communities Act:

1.                  Protect schools places for local children: amend Greenwich Judgment

2.                  Local access to business rates:

-         for local priorities

-         to set up environmental groups

-         for green investments

3.                  More controls on pet shops

Reason for decision

To recommend to the Local Government Association proposals selected by local people for changes to improve the sustainability and economic, social or environmental wellbeing of their area in accordance with the provisions of the Sustainable Communities Act 2007. 

The Council and NHS Kingston have a strong commitment to working in partnership but more could be done to integrate the work of the two organisations to bring about improved outcomes for local residents and communities.  “Shaping Places” has been developed by the South West London Boroughs to complement the proposals being developed and implemented by NHS London which include the development of a South West London Acute Commissioning Service.  The document sets out a number of key principles which seek to strengthen commissioning with health partners. 

Increased integrated working would be centred on strategic planning, joint commissioning, joint provision, public engagement, shared back office functions and single performance management.  The vision of “Shaping Places” focuses on the delivery of better health and social care outcomes for local people and on improvement in the efficiency of services provided by both organisations. 

RESOLVED that the principles and direction of travel outlined in the “Shaping Places” document set out in Annex 1 of Appendix E to the agenda be approved.

Reason for decision

To assist the integration of provision between the Council and NHS Kingston to strengthen the partnership, which will provide better services outcomes for local people.  

A number of budget pressures and potential overspendings have initially been identified and these fall into four main categories: economic downturn, demographic and other inescapable growth, delivery of the Council’s Strategic Objectives and Priorities, other items.  Whilst there are a number of potential offsetting reductions, action being taken to address these pressures and to maintain the Council’s ability to finance the one-off investment needed to ensure the One Council Programme delivers the ongoing reduction in the base budget. 

RESOLVED that

1.         the position be noted; and

2.         the action being taken by the Strategic Leadership Team to continue to monitor the position closely and make regular update reports to the Executive to ensure that the budget is not overspent, be endorsed.

Reason for decision

To manage delivery of the Medium Term Service and Financial Plan, and to ensure that the Council’s expenditure remains within the approved budget. 

The Executive referred to the Scrutiny Panel the reports and decisions on two One Council projects: Commissioning Policy and Framework and Customer First.  The Panel has completed reviews on these matters.

The Panel commented that it had gained a greater understanding of the project on Commissioning Policy and Framework and Members understand this part of the One Council programme much better and the direction that the Administration is taking.  The Panel looks forward to the next stage and the more concrete savings proposals as well as the arrangements with partners.

On the Customer First project, whilst they registered a number of concerns, the Panel concluded that Members now have a clearer idea of the aims and direction; there are some difficult issues to be reconciled –around IT systems and support – but there are no detailed comments to be made to the Executive and the Panel will review progress in a year’s time.

RESOLVED that the Scrutiny Panel be thanked for their positive approach to these One Council Projects, and the views expressed will be taken on board as the Projects develop.

Reason for decision

To respond to the Scrutiny Panel’s reviews. 

The Local Government and Public Involvement in Health Act 2007 changes the existing models for Executive arrangements and Authorities must choose between two models: the enhanced version of the Leader and Executive and the directly elected Mayor and Executive.  The Council in deciding its future governance arrangements must consult local government electors for, and other interested persons in, its area and consider the extent to which the proposed change would assist in securing continuous improvement in how the Council’s functions are exercised.  The proposals must be made available for public inspection.  Finally, the Council must pass a formal resolution at a special meeting convened for the purpose adopting the new arrangements, and this must happen before the end of December 2009.  The new arrangements will take effect in May 2010.

The enhanced Leader and Executive model is the preferred option, and arrangements for consultation and Council approval of this model are proposed

RESOLVED that

1.             the requirement to make changes to the Council’s Executive arrangements be noted and the process for so doing be agreed;

2.             it be confirmed that the Council’s preferred model is the Leader and Executive model and this be RECOMMENDED to Council for approval; and

3.             the proposed approach to consulting with local people where information will be provided about the legislative changes and the Council’s preferred option be endorsed.

Reason for decision

To enable changes to be made to the Council’s Executive arrangements within the timescale laid down by legislation. 

It is a requirement that data on some complaints managed under statutory procedures is reported to a suitable Council body.  It is also good practice to formalise arrangements for reporting on complaints managed under the Council’s own corporate procedures. In keeping with the evolution of the One Council programme, and in particular the aspirations of the Customer First project, it is appropriate to present information about complaints across the whole of the Council to the Executive.  Accordingly, the Executive has received a report setting out details about complaints managed under the Council’s Corporate Complaints Procedure, together with complaints managed through the statutory procedures of Adult Social Care.

RESOLVED that

1.         the report be noted; and

2.         future reporting arrangements for complaints be in the same format as the report submitted to this meeting.

Reason for decision

To receive information on complaints to the Council and set out future reporting arrangements. 

The Constitutional Review Working Group comprises six Members and the Executive in 2006 appointed Councillors Derek Osbourne, Barry O’Mahony, Chrissie Hitchcock, Howard Jones, David Cunningham and Paul Johnston to the Group for the period expiring May 2010.  Councillor Barry O’Mahony is stepping down from the Group and the Executive is REQUESTED to appoint Councillor Liz Green to fill the vacancy for the period to May 2010.

The Executive has been requested to approve a change in membership of this Group.

RESOLVED that Councillor Liz Green be appointed to the Constitutional Review Working Group in place of Councillor Barry O’Mahony, for the period expiring May 2010.

Reason for decision

To fill a vacancy.

The reports in the exempt section of the agenda may be considered in private if the Executive agrees that, under Section 100(A)(4) of the Local Government Act 1972, the public are excluded from the meeting on the grounds that it is likely that exempt information, as defined in the paragraphs as stated of Part I of Schedule 12A to the Act, would be disclosed. 

RESOLVED  that under Section 100(A)(4) of the Local Government Act 1972, the public are excluded from the meeting on the grounds that it is likely that exempt information, as defined in paragraphs set out of Part I of Schedule 12A to the Act, would be disclosed.

Paragraph 3: This paragraph cover details the financial and business details of individuals, businesses or the authority.   

It is a requirement under Local Government Scheme Regulations that the Statement of Investment Principles has to be revised.  The Pension Fund Panel has endorsed the revised principles.  A specialist transition manager has to be appointed who will safeguard the assets when they are moved from the current fund manager to the new fund managers.  A tender process has been carried out.

RESOLVED that

1                    the revised Statement of Investment Principles be approved; and 

2                    State Street be appointed as the fund transition manager.

Reason for decision

To meet the requirements to review the statement of investment principles and to put in place arrangements for the transition of the management of the pension fund. 

Paragraph 3, which covers details the financial and business details of individuals, businesses or the authority.  Paragraph 5, which relates to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.   

The town centre project involves procuring a developer who will deliver a major retail led mixed use development in part of Kingston town centre (known as the "Eden Quarter Project").

Following revision in European Union case law, the Executive in November 2007 resolved to undertake a procurement exercise to procure a development partner for the regeneration of the Eden Quarter in accordance with the EU procurement regime.  A three stage procurement process has now been carried out to select a development partner. Following the evaluation of the proposal received a preferred development partner is to be appointed on a conditional basis and subject to a negotiation period before a final decision on contract award is made. (A revised Appendix 5 to the report was circulated at the meeting.)

RESOLVED that

1.            Hammerson’s proposal be conditionally accepted and Hammerson be selected, subject to the decisions in 2, 3 and 4 below, as the Council's preferred development partner;

2.         the Strategic Director of Finance, Service Director (Planning & Transportation) and Head of Legal Services, in consultation with the Member Procurement Panel (Leader, Executive Member for Planning and Regeneration, Councillors Howard Jones, Richard Hudson and Robert Steed), enter into negotiations with Hammerson for a set period of three months following notice in a preferred development partner letter, with the option to extend at the Council's absolute discretion for a further three months should this be required, in order to reach an agreed Development Agreement, Compulsory Purchase Order Indemnity Agreement and other related contractual documents with Hammerson;

3.         the Core Bidding Principles, as set out at Appendix 5 (as revised) of the report set out in the exempt section of the agenda, include the principal issues that the Council wishes to agree with Hammerson and that these Core Bidding Principles shall form part of the negotiations with Hammerson during the negotiation period;

4.         the Strategic Director of Finance, Service Director (Planning & Transportation) and Head of Legal Services report to the Executive with a recommendation as to whether, or not, as a result of the negotiation period with Hammerson that the Council should enter into the Development Agreement, the Compulsory Purchase Order Indemnity Agreement and other related contractual documents.

Reason for decision

To select a development partner for the Eden Quarter Project and enter into a period of negotiation in order to agree a Development Agreement, Compulsory Purchase Order Indemnity Agreement and other related contractual documents with the selected preferred development partner.