Agenda and minutes

Members are asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applies to them.

Members were asked to declare any interests they may have in the business to be discussed and/or indicate that Section 106 of the Local Government Finance Act 1992 applied to them.

Councillors Draycott, Getliffe, Roberts and Westley declared a personal interest in Report E, “Housing Capital Programme 2002-03 and 2003-04” and Report F, “Housing Revenue Account – Budget 2003”, as council house tenants or with relatives who were council house tenants, but declared that this interest was not prejudicial.

Councillor Willmott declared a prejudicial interest in Report N, Loughborough Road Conservation Area (Shaftesbury Avenue)  Article 4 (2) Direction and left the meeting while the matter was considered.

There were no Leader’s announcements.

The Minutes of the meeting of the Cabinet held on 18 November 2002, have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

that the minutes of the meeting held on 18 November 2002, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

FINANCE, RESOURCES AND EQUAL OPPORTUNITIES SCRUTINY COMMITTEE- 19 DECEMBER 2002

REVITALISING NEIGHBOURHOODS: UPDATE ON PROGRESS

The full minute  and a written response to the matter referred is attached at Appendix A.

RESOLVED:

(1)that the Committee express its concern to Cabinet regarding the level of funding for Revitalising Neighbourhoods;

(2)that the Committee express to Cabinet its concern at the lack of significant capital provision for the development of the project;

(3)that the Committee express to Cabinet its concern that no method of choosing the forum members has been agreed; and

(4)that the Committee express to Cabinet its concern that the proposed neighbourhood areas are insufficiently related to local communities.

Councillors Patel and Draycott to respond.

PROPOSED LONG LEASEHOLD DISPOSAL OF WESTERN PARK HOUSE AND PAVILION, WESTERN PARK, LEICESTER

Attached is the minute extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 23 January 2003. The following resolutions were made for Cabinet’s consideration:-

(1)That whilst the Committee obviously welcomes the capital receipt that this lease will bring for the Council and the fact that the building involved will have significant refurbishment work done to it, Members nevertheless are concerned at the loss of public open land resulting from this arrangement and it recommends that steps are taken in an effort to make good this loss,

(2)that the Committee is also concerned at the length of lease and recommends that, where possible, shorter leases are negotiated and restrictions on future development should be insisted on when granting leases of this kind in land adjacent  to public open space, and

(3)that the Committee recommends in future decisions likely to result in a loss of public open space be referred to this Scrutiny Committee for comment at the earliest opportunity and before any marketing is undertaken.

Councillor Patel to respond.

The Cabinet received the following items from the Finance, Resources and Equal Opportunities Scrutiny Committee arising from its meetings on 19 December 2002 and 23 January 2003.

FINANCE, RESOURCES AND EQUAL OPPORTUNITIES SCRUTINY COMMITTEE – 19 DECEMBER 2002

a)            REVITALISING NEIGHBOURHOODS : UPDATE ON PROGRESS

“RESOLVED:

(1)That the Committee express its concern to Cabinet regarding the level of funding for Revitalising Neighbourhoods,

(2)That the Committee express to Cabinet its concern at the lack of significant capital provision for the development of the project.

(3)That the Committee express to Cabinet its concern that no method of choosing forum members has been agreed, and

(4)That the Committee express to Cabinet its concern that the proposed neighbourhood areas are insufficiently related to local communities.”

The Cabinet noted that a written response to the above had been circulated with the papers.  In addition, Councillor Patel responded as follows:-

With regard to the level of funding for ‘Revitalising Neighbourhoods’ (Item 1), Councillor Patel referred to the budget for this financial year which would be used for devolved budgets, contributing to community capacity building, administration costs and the development of the New Parks Customer Service Centre, amongst other things.

With regard to the level of capital funding (Item 2), he noted that the New Parks Customer Service Centre was developing well.  However, whether this model would be followed in all the other Neighbourhoods was yet to be determined.  The success of the New Parks Customer Service Centre would be monitored and assessed.

With regard to the selection of members for the Forum, (Item 3), he referred to the Guidelines for Neighbourhood Forums which covered this issue.

In response to the concerns about the size of the areas, (Item 4), Councillor Patel commented that the Neighbourhood Forums were a ‘starting point’.  It was expected that the Neighbourhood Co-ordinators would get to know the ‘patch’ and report back to Cabinet advising on the best ways to access the local level.

Councillor Willmott added that Cabinet acknowledged that there would be levels ‘below’ the Forums, both existing and future groups.  The Forums would give these groups an identifiable link into the Council’s structures and provide better accountability than existed currently.   He also commented that a portion of the capital expenditure on the New Parks Customer Service Centre had been used for the Housing Office and this Centre was therefore not typical.

FINANCE, RESOURCES AND EQUAL OPPORTUNITIES SCRUTINY COMMITTEE – 23 JANUARY 2003

b)            PROPOSED LONG LEASEHOLD DISPOSAL OF WESTERN PARK HOUSE AND PAVILION, WESTERN PARK, LEICESTER

“RESOLVED:

(1)That whilst the Committee obviously welcomes the capital receipt that this lease will bring for the Council and the fact that the building involved will have significant refurbishment work done to it, Members nevertheless are concerned at the loss of public open land resulting from this arrangement and it recommends that steps are taken in an effort to make good this loss,

(2)that the Committee is also concerned at the length of lease and recommends  ...  view the full minutes text for item 160.

Councillor Roberts submits a report asking the Cabinet to consider the request for a capital grant of £260,000 towards the construction of the Peepul Centre, a purpose built community centre to be run by an established voluntary organisation, Belgrave Baheno. If such a grant is agreed, the Cabinet is recommended that this should be subject to 90% of the capital funding being secured. If the grant is agreed, the Cabinet is also asked to authorise the Corporate Director of Education and Lifelong Learning to be the lead director for the project and to impose any conditions he considers necessary to protect the Council’s money and to confirm that there be no commitment or inference of a commitment for the Council to make revenue contributions to the Peepul Centre, and the Peepul Centre be advised that £260,000 is an absolute maximum.

Councillor Roberts submitted a report asking the Cabinet to consider a request for a capital grant of £260,000 towards the construction of the Peepul Centre.  It was noted that the proposed Peepul Centre would provide a wide range of activities through a purposely built community centre which would contribute towards meeting the Council’s strategic objectives. The centre would  be run by Belgrave Baheno, an established voluntary organisation. 

It was noted that a service and financial analysis had been undertaken of the Business Plan of the Peepul Centre.  The total capital cost of the Centre was estimated at £14.4 million.  Of this sum, £2.832 million had already been secured, a further £10.388 million had been verbally promised or ring fenced and decisions on £932,000 of bids were still awaited.  Any funding by the Council would be subject to a service agreement and grant conditions.

RESOLVED:

(1)that approval be given for a grant of £260,000 towards the construction of the Peepul Centre, subject to 90% of the capital funding being secured;

(2)that the Corporate Director of Education and Lifelong learning be the Lead director for the project (noting it has other service implications);

 (3)that authority be delegated to the Corporate Director of Education and Lifelong Learning to impose any detailed conditions he considers necessary to protect the Council’s money, through the development of a detailed service specification and contractual funding agreement; and

(4)that there be no commitment or inference of a commitment for the Council to make revenue contributions to the Peepul Centre, and the Peepul Centre be advised that £260,000 is an absolute maximum.

Councillor Draycott submits a report outlining the findings of the 2002 Assessment of Leicester’s Housing Needs Survey. The Housing Needs Survey is a large scale assessment undertaken approximately every four years to consider housing need and deficiencies which can be used as the basis for wider consultation on appropriate policies for the provision of future ‘affordable housing’ and to feed into other policy reviews. The Cabinet is recommended to note the findings of the 2002 Housing Needs Survey.

The relevant minutes extract from the Housing Scrutiny Committee held on 10 October 2002 and the Strategic Planning and Regeneration Scrutiny Committee held on 17 October 2002 on this issue are included with the next report on the agenda.

Councillor Draycott submitted a report outlining the findings of a survey of Leicester’s Housing Needs.  It was noted that the survey showed a shortfall of affordable housing of 635 homes each year.  This was based on an assessment of need, both backlog and newly arising, for those households who could not afford market housing.  In addition, a further 7514 households were inadequately housed, mostly due to overcrowding or the need for adaptations or repairs.

RESOLVED:

that the findings of the 2002 Housing Needs Survey be noted.

Councillor Draycott submits a report that considers the contribution that planning policies have and can make towards the provision of affordable housing in Leicester. The Cabinet is asked to approve the proposed affordable housing policy as set out in the report, approve that a post be created in the Environment, Regeneration and Development Department to co-ordinate work on planning gain, including the securing of affordable housing through the planning process, to note the decision taken by officers in conjunction with Cabinet Members to extend the current moratorium on affordable housing in parts of the City and agree that proposals for a framework and process for securing developers contributions be brought to a future Cabinet meeting.

The relevant minutes extract from the Housing Scrutiny Committee held on 10 October 2002 and the Strategic Planning and Regeneration Scrutiny Committee held on 17 October 2002 on this issue are attached to the report.

Councillor Kavia submitted a report that discussed the contribution that planning policies had and could make towards the provision of affordable housing in Leicester.

The minutes of the Housing Scrutiny Committee held on 10 October 2002 and the Strategic Planning and Regeneration Scrutiny Committee held on 17 October 2002, had been circulated to the Cabinet.

The Cabinet Lead for Housing, whilst expressing that she hoped for a successful result from the moratorium on affordable housing, emphasised that she would not wish it to be a permanent feature.  She also welcomed the recommendation with regard to the creation of a post to co-ordinate work on planning gain, including the securing of affordable housing through the planning process

RESOLVED:

(1)that the proposed Affordable Housing Policy Statement, as set out in Appendix 1 of the report, be approved;

(2)that approval be given for the creation of a  post  in the Environment, Regeneration and Development Department, to co-ordinate and join-up work on planning gain, including the securing of affordable housing through the planning process;

(3)that the decision taken by officers, in conjunction with the Cabinet Lead, to extend the current moratorium on affordable housing within parts of the Leicester Regeneration Company area  to cover planning applications and commenced within 18, months, be endorsed and that a report on the impact of the moratorium be considered by Cabinet in June 2003;

(4)that proposals for a framework and process for securing developers contributions be brought to a Cabinet meeting in two months.

Councillor Draycott submits a report which reviews the current year’s approved Housing Capital Programme and following receipt of the Single Capital Pot, recommends a programme for 2003/2004. The Cabinet is asked to recommend to Council, the revised capital programme for 2002/03 at appendix A of the report, additional resources to support the Capital Programme, the Housing Capital Programme for 2003/04 and to authorise the Corporate Director of Housing in consultation with the Cabinet Lead Member for Housing and Neighbourhood Renewal to approve bids from Community Associations under the Capital Receipts Initiative allocation.

The relevant minutes extract from the Housing Scrutiny Committee held on 9 January 2003 are attached to the report.

Councillor Draycott submitted a report that reviewed the current year’s approved Housing Capital Programme and following receipt of the Single Capital Pot, recommended a programme for 2003/04.

A revised report had been circulated following the receipt of further information.  An amended minute extract from the Housing Scrutiny Committee on 9 January was also circulated.  The Cabinet Lead Member also circulated a proposed resolution.

It was noted that the amount available to fund the Disabled Facilities Grant was not yet know.  At this stage, an assumption had been made that the Government would fund 60% of the planned expenditure in this area.  Councillor Draycott reported that the Housing Scrutiny Committee had requested that any shortfall in funding for this purpose should be found from the Single Capital Pot.  She proposed that the situation be monitored and no decision be made at this stage.

RESOLVED:

(1)that Council be recommended to approve the revised Housing Capital Programme for 2002/03, outlined at Appendix A to the report and the funding arrangements outlined at Paragraph 1.1 of the Supporting Papers and that the Head of Legal Services be authorised to enter into any contracts necessary to maximise the spend against the revised programme;

(2)that Council be recommended to approve the use of resources shown in paragraph 2.1 of the Supporting Information, including the use of £200,000 from Housing Maintenance DSO profits, £500,000 from Housing Balances and the balance (£300,000) of the unsupported credit approval of £1 million from the Government, to support the Housing Capital Programme in 2003/04;

(3)that Council be recommended to approve the Housing Capital Programme for 2003/04, outlined at Appendix B to the report, which showed an overall spend of  £24.520 million and allowed for a small amount of overprogramming (2.5%);

(4)that the Corporate Director of Housing be authorised, in consultation with the Cabinet Lead Member for Housing and Neighbourhood Renewal, to authorise any contracts and the Head of Legal Services be authorised to sign any contracts within the overall programme, to achieve maximum spend against the resources available; and

(5)that the Corporate Director of Housing  be authorised, in consultation with the Cabinet Lead Member for Housing and Neighbourhood Renewal, to approve bids from Community Associations under the Capital Receipts Initiative allocation in 2003/04.

Councillor Draycott submits a report summarising the financial position of the Housing Revenue Account for 2002/03 and 2003/04 and setting out the options for the Cabinet for recommending the 2003/04 rent level. The Cabinet is asked to note the estimated working balance of £3.083m at the start of 2003/04, and the base budget for 2003/04 as detailed in Appendix A, consider the issues outlined in the Supporting Information of the report in particular the comments of the Housing Scrutiny Committee and Housing Management Board, decide the level of rents to be recommended to Council for 2003/04 and decide on the revised level of miscellaneous payments and charges to be recommended to Council to be applied in 2003/04 as detailed in Appendix B of the report.

The relevant minutes extract from the Housing Scrutiny Committee held on 12 December 2002 is attached to the report.

Councillor Draycott submitted a report summarising the financial position of the Housing Revenue Account for 2002/03 and 2003/04 and setting out the options for deciding the rent level in 2002/04.

The Minutes of the Housing Scrutiny Committee held on 12 December 2002 were circulated to the Cabinet

The Cabinet Lead also circulated a proposed resolution and confirmed that the Housing Management Board and the Housing Scrutiny Committee supported the proposed rent rise recommendations.

RESOLVED:

(1)that the estimated working balance of £3.083 million to be carried forward to 2003/04, be noted;

(2)that Council be recommended to approve the 2003/04 budget, outlined at Appendix A of the report;

(3)to note that officers now had the data to enable tenants to see the full implications of rent restructuring and how it will impact on their particular rent;

(4)that, Council be recommended to defer the introduction of Rent Restructuring until April 2004, as Cabinet feels that tenants should be fully consulted on the new rent and how it has been calculated, before it is introduced.

(5)that Council be recommended to increase all rent applied to dwellings, garages, parking spaces, targeted rents etc. by 2.68% in 2003/04:

(6)that Council be recommended to increase the charge applied to district heating and hot water and LeicesterCare in 2003/04, by 2.5%;

(7)that Council approve the recommendations of the Corporate Director of Housing and the Chief Finance Officer, as shown on the list of miscellaneous charges and payments, outlined at Appendix C of the report; and

(8)that Council be recommended to approve the use of £368,000 from the Housing Revenue Account reserves to balance the Housing Revenue Account in 2003/04.

Councillor Westley submits a report asking the Cabinet to formally approve the Best Value Review of Local Environmental Services, to note the Comments of the Arts, Leisure and Environment Scrutiny Committee and to authorise the necessary Reviews under the Council’s Protocol for Organisation and Staffing Change.

The relevant minutes extract from the Arts Leisure and Environment Scrutiny Committee held on 8 January 2003 are attached to the report.

Copies of the Executive Summary and Improvement Plan have been attached for Members of the Cabinet only. Copies of this document can by obtained from the Council’s Website (www.leicester.gov.uk) following the link to Council meetings or by phoning Committee Services on (0116) 252 6022.

Councillor Westley submitted a report presenting the Executive Summary and Improvement Plans arising from the Best Value Review of Environmental Services.

The Minutes of the Arts, Leisure and Environment Scrutiny Committee held on 8 January 2003 had been circulated to the Cabinet and their views taken on board in the report.

RESOLVED:

(1)that the comments of the Arts, Leisure and Environment Scrutiny Committee, be noted;

(2)that the Best Value Review and Improvement Plan of Local Environmental Services be approved; and

(3)that the necessary reviews under the Council’s protocol for Organisation and Staffing Changes be authorised

Councillor Westley submits a report advising the Cabinet of the findings of the Best Value Review of Payroll. The review has previously been considered by the Finance, Resources and Equal Opportunities Scrutiny Committee and the Best Value Working Group which gave their support to the review. The Cabinet is asked to endorse the findings of the review and improvement plan, approve the seeking of an “applications service provider” to provide an integrated payroll/HR system, require officers to safeguard the Council’s interests in the event of an Applications Service Provider ceasing to exist, authorise capital expenditure of £0.7m for the implementation of the new system, to be funded from an unsupported credit approval awarded for the purpose, authorise the Town Clerk in consultation with the Cabinet Lead Member for Resources to select a provider, after a procurement exercise using the EC negotiated procedure and to authorise the Head of Legal Services to enter into appropriate contracts.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 19 December 2002 are attached to the report.

Copies of the Best Value Review of Operational Finance, Phase 1 – Payroll document have been attached for Members of the Cabinet only. Copies of this document can by obtained from the Council’s Website (www.leicester.gov.uk) following the link to Council meetings or by phoning Committee Services on (0116) 252 6022.

Councillor Westley submitted a report advising the Cabinet of the findings of the Best Value Review of Payroll.

The Minutes of the Finance, Resources and Equal Opportunities Scrutiny Committee held on 19 December had been circulated to the Cabinet.

RESOLVED:

            (1) that the findings of the review, and the improvement plan, be approved;

            (2) that the seeking of an applications service provider to provide an integrated payroll/HR system, be approved;

            (3) that officers be required to safeguard the Council’s interests in the event of an application service provider ceasing to exist;

            (4) that approval be given for capital expenditure of £0.7m for the implementation of the new system, to be funded from an unsupported credit approval awarded for the purpose;

            (5) that the Town Clerk and Director of Corporate Resources, be authorised, in consultation with the Cabinet Lead for Resources, to select a provider, after a procurement exercise using the EC negotiated procedure; and

                        (6)            that the Head of Legal Services be authorized to enter into appropriate contracts.

Councillor Westley submits a report presenting the Final Report and Improvement Plan from the first phase of the Best Value Review of ICT and E-Government. The Cabinet is asked to note the findings and conclusions of the review and the improvement plans proposed.

The relevant minutes extract from the Finance, Resources and Equal Opportunities Scrutiny Committee held on 23 January 2003 will be circulated as soon as they are available.

Copies of the Final Report and Improvement Plan have been attached for Members of the Cabinet only. Copies of this document can by obtained from the Council’s Website (www.leicester.gov.uk) following the link to Council meetings or by phoning Committee Services on (0116) 252 6022.

Councillor Westley submitted a report presented the final report and Improvement Plan from the first phase of the Best Value Review of ICT and E-Government.

The Minutes of the Finance, Resources and Equal Opportunities Scrutiny Committee on 23 January 2003 were circulated to the Cabinet.

RESOLVED:

                        That the findings and the conclusions of the review and improvement plans proposed, be approved.

Councillor Holden submits a report setting out proposals for a new policy on licensing Sex Shops. The Cabinet is recommended to adopt the policy on the licensing of Sex Shops shown in Appendix 1 of the report with immediate effect and it is recommended that the implementation policy shown in Appendix 2 is also adopted.

Councillor Holden submitted a report proposing an amended policy on the Licensing of Sex Shops.  Councillor Holden thanked those who had responded to the consultation on this policy.  It was noted that the emphasis of the proposed changes in policy were with regard to location.  The proposed Policy allowed for sex establishments to be located within the inner ring road but not in local communities or anywhere they may cause offence, for example, close to schools or religious establishments.  The Policy allowed for 3 shops within the inner ring road and it was noted that currently there were 2 located outside this demarcation.  The proposal was to allow these 2 existing establishments to operate for a maximum of a further 5 years and in the meantime the Council would offer advice with relocating these two premises.

RESOLVED:

(1)that the policy on the licensing of Sex Shops, as detailed in Appendix 1 of the report, be adopted with immediate effect; and

(2)that the implementation policy shown in Appendix 2 to the report, be adopted.

Councillor Holden submits a report informing the Cabinet of the outcome of the recent publicity campaign and to seek support for the introduction of new legislative controls over the sale and use of fireworks. The Cabinet is asked to endorse the work undertaken in the ‘Bang’ campaign, that information and public support be forwarded to the Department for Trade and Industry and the City’s three M.P.s and is asked to support the private members Bill currently progressing through parliament, consider in the event of such legislation not coming in to force, to apply for local bylaws to tackle the problem and to continue working with the Police and other agencies to use every power available to tackle problems arising from the anti social use of fireworks.

Councillor Holden submitted a report informing the Cabinet of the outcome of the recent publicity campaign aimed at raising public awareness of the anti social use of fireworks.  Councillor Holden thanked the local media, and in particular the Leicester Mercury for their support of the campaign. The report also sought support from the City’s three MPs for the introduction of new legislative controls over the sale and use of fireworks.

RESOLVED:

(1)       that the work undertaken in the course of the 2002 “Bang” campaign aimed at reducing the problems associated with the antisocial use of fireworks, be endorsed;

(2)       that information arising from the campaign, together with the clear public support for the introduction of new legislation to tackle these problems, be forwarded to the Department of Trade and Industry and the City’s three M.P.s, and that they be asked to support the private member’s Bill currently progressing through Parliament;

(3)       that in the event of such legislation not coming into force, the City Council be recommended to give consideration to applying for authority to introduce local byelaws to tackle these problems; and

(4)       that the City Council, in liaison with the Police and other relevant agencies, continue to use every power at its disposal to tackle problems arising from the antisocial use of firework and to this end, this matter be referred to the Crime and Disorder Partnership.

Councillor Roberts submits a report seeking the Cabinet’s approval of the draft Annual Library Plan for Leicester 2002. Annual Library Plans are the means by which Local Authorities make publicly accessible their plans for the development of the Library Service and also by which Government ensures national objectives are met. The Cabinet is asked to recommend the Annual Library Plan 2002 to Council for approval.

The relevant minutes extract from the Education and Lifelong Learning Scrutiny Committee held on 22 January will be circulated as soon as they are available.

Copies of the Annual Library Plan 2002 have been circulated to all members of the Council, they are also available to view in all libraries and on the Council’s Internet site at www.leicester.gov.uk/libraries. Copies can also be obtained by phoning (0116) 252 6022.

Councillor Roberts submitted the Annual Library Plan 2002 for Cabinet’s approval for recommendation to Council.

The Minutes of the Education and Lifelong Learning Scrutiny Committee held on 22 January 2003 were circulated to the Cabinet.

RESOLVED:

                        that the Annual Library Plan 2002 be approved for recommendation to Council.        

Councillor Patel submits a report presenting the updated corporate capital programme. The Council has had a 3 year ‘corporate’ capital programme since 1998/9. This report updates the corporate capital programme for the period 2002/03 to 2004/05. The report also updates the Council’s existing Capital Strategy to bring it into line with the Capital Strategy ‘Statement’ submitted to the Government in July 2002. The Cabinet is asked to recommend to Council for consideration a number of matters regarding the Corporate Capital Programme.

Councillor Patel submitted a report recommending an update of the corporate capital programme for 2002/03 to 2004/05 and an update of the Council’s existing Capital Strategy.

The Minutes of the Finance, Resources and Equal Opportunities Scrutiny Committee on 23 January 2003 were circulated to the Cabinet and Councillor Patel responded to the comments made.  With regard to the concerns raised by the Scrutiny Committee about the financial risks associated with the Cultural Quarter, Councillor Patel stated that the Cabinet would seek to minimise these.  With regard to the Peepul Centre, it was noted that a comprehensive Business Plan had been produced and assessed.  With regard to the Scrutiny Committee’s request for an elemental breakdown of the funding package for the Braunstone Leisure Centre, Councillor Patel stated that Cabinet would provide the Scrutiny Committee with the information requested.

RESOLVED:

                        that Council be recommended to approve the following:-

a)the updated Capital Strategy detailed in the report.

b)the capital programme shown at Appendix 3 of the report, subject to decisions taken on the Victoria Road East Extension and the Peepul Centre;

c)that the following be designated as service resources for the purposes of this programme:-

i)Housing capital receipts

ii)80% of housing and 80% of the transport maintenance elements of the Single Capital Pot

iii)profits made by the Housing Maintenance DSO

d)that £655,000 of transport schemes be brought forward from 2003/04 to 2002/03, to be funded temporarily from corporate resources and subsequently repaid from transport service resources in 2003/04.

e)the following status of schemes in Appendix 3:-

i)Block A, being schemes which can proceed once the programme is approved, subject to compliance with Finance Procedure Rules:

ii)Block B, being schemes which can proceed subject to a further approval by Cabinet with regard to the detailed implementation of the scheme, to the extent that the further approval has not been obtained

iii)Block C, being reserve schemes which can proceed if adequate resources become available, subject to compliance with Finance Procedure Rules

iv)Block D, being schemes which cannot proceed unless adequate resources become available and are subject to a further report from the Chief Finance Officer to Cabinet.

f)that the discretion given by Finance Procedure rules to allow Directors to transfer resources between schemes during the course of the year, be suspended in respect of the Bursom sub-station, as should the expenditure be less than budget, the scheme approval will be reduced to meet the actual cost.

Councillor Kavia submits a report seeking approval to serve an Article 4(2) Direction on properties on Shaftesbury Avenue, within the Loughborough Road Conservation Area. The Cabinet is asked to authorise the Town Clerk to make and advertise an Article 4(2) Direction for Shaftesbury Avenue (numbers 4-30 (evens) and 1-27 (odds) within the Loughborough Road Conservation Area as specified in the ‘Supporting Information’ and to delegate authority to the Town Clerk to confirm the direction in the event of no representations being received.

Councillor Kavia submitted a report seeking approval to serve an Article 4(2) Direction on properties on Shaftesbury Avenue, within the Loughborough Road Conservation Area.

RESOLVED:

that the Town Clerk be authorised to make and advertise an Article 4(2) Direction for Shaftesbury Avenue (numbers 4-30 (evens) and 1-27 (odds) within the Loughborough Road Conservation Area as specified in the report and be authorised to confirm the direction in the event of no representations being received.

Councillor Patel submits a report which fulfils a commitment made, as a consequence of a Council question in May, to voice concerns of the Council and to request clarification from the Government of the impact of the World Trade Organisation General Agreement on Trade in Services (GATS). The Cabinet is recommended to express its concern to the Government about the possible implications of GATS, requesting assurances that further negotiations on GATS be carried out in consultation with Local Authorities.

Councillor Patel submitted a report which fulfilled a commitment made as a consequence of a Council question in May, to voice concerns of the Council and to request clarification from the Government of the impact on Local Government of the World Trade Organisation General Agreement on Trade in Services (GATS).

RESOLVED:

that the Council’s concern be expressed to the Government about the possible implications of the World Trade Organisation General Agreement on Trade in Services (GATS), requesting assurances that further negotiations on GATS be carried out in consultation with Local Authorities.

Councillor Roberts submits a report seeking approval of the draft ‘schools budget’ for submission to the Secretary of State for Education by 31 January 2003. This is a requirement under the Education Act 2002. The Cabinet is asked to agree the draft ‘schools budget’ for 2003/04 of £194,804,000 and to recommend that this figure be communicated to the Department for Education and Skills.

Councillor Roberts submitted a report seeking approval to a draft schools budget for submission to the Secretary of State for Education.  It was noted that this was a draft only which may change as further information was received and other decisions made.  However, a draft needed to be submitted to the Department for Education and Skills by 31 January 2003.

RESOLVED:

that the Cabinet agree that it is minded to recommended the draft ‘schools budget’, for 2003/04 of £149,804,000 to Council on 5 March 2003.

Councillor Patel submits a report outlining the Councils requirement to set a ‘taxbase’ by 31 January 2003 for the purpose of setting its Council Tax, and to enable the police authority to set its precept. The Cabinet is requested to endorse the report and propose a taxbase to Council.

Councillor Patel submitted a report outlining the Councils requirement to set a ‘taxbase’ by 31 January 2003 for the purpose of setting its Council Tax, and to enable the police authority to set its precept.

RESOLVED:

                        that Council be recommended to approve a taxbase for 2003/04 of 72,227 properties expressed as the equivalent number of Band D properties.

Councillor Patel submits a report identifying the estimated financial position of the Collection Fund Account as at 31 March 2003. Calculating the estimated surplus or deficit for this account is a statutory requirement, as the figure needs to be taken into account during the Council Tax setting process. The Cabinet is asked to approve the estimated collection fund surplus figure and approve the estimated shares payable to the Police Authority and the City Council as detailed in the report.

Councillor Patel submitted a report identifying the estimated financial position of the Collection Fund Account as at 31 March 2003. It was noted that calculating the estimated surplus or deficit for this account was a statutory requirement, as the figure needed to be taken into account during the Council Tax setting process.

RESOLVED:

that the estimated collection fund surplus figure and the estimated shares payable to the Police Authority and the City Council as detailed in the report, be approved.

Councillor Patel submits a report noting that the Combined Fire Authority is currently in the process of setting its budget and contained within that is a 4% provision for the cost of the fire fighters pay award. The Cabinet is asked to agree that when it recommends a budget to Council in March, it will include a commitment to make a further contribution if the outcome of the fire dispute cannot be contained within the Fire Authorities budget and to advise the Fire Authority that it would wish efforts be made to contain the cost of any pay increase in excess of budgetary provision and to maximise any savings arising from service modernisation.

Councillor Patel submitted a report noting that the Combined Fire Authority was currently in the process of setting its budget and contained within that was a 4% provision for the cost of the fire fighters pay award.

RESOLVED:

that in recommending a budget to Council in March, a commitment will be included to make a further contribution, if the outcome of the fire dispute cannot be contained within the Fire Authority’s budget and to advise the Fire Authority that it would wish efforts be made to contain the cost of any pay increase in excess of budgetary provision and to maximise any savings arising from service modernisation.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Cabinet is entitled to consider certain items in private.  Members of the public will be asked to leave the meeting when such items are discussed.

The Cabinet is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, and consequently that the Cabinet makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

BRAUNSTONE HEALTH AND SOCIAL CARE CENTRE

VICTORIA ROAD EAST EXTENSION

SHIRES WEST DEVELOPMENT – DELEGATED AUTHORITY

RESOLVED;

            that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of 'exempt' information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the Act.”

Paragraph 9

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Braunstone Health and Social Care Centre

VIctoria Road East Extension

Shires West Development – Delegated Authority

Councillor Getliffe submits a report.

Councillor Patel submitted a report updating the Cabinet on progress and seeking approval for negotiating the sale of the land identified for the Health and Social Care Centre to Braunstone Community Association.

RESOLVED:

(1)that approval be given for the disposal of land on the basis of a 125 year lease at Hockley Farm Road at, or close to, the market valuation, as recommended in the report, and, if necessary, seek approval from the Office of the Deputy Prime Minister for such a disposal;

(2)that the Corporate Director of Resources, Access and Diversity be authorised, in consultation with the Cabinet Lead for Finance, to agree terms of sale of the site; and

(3)further reports on the progress of the project, be received.

Councillor Patel submits a report.

Councillor Patel submitted a report informing the Cabinet of the latest situation with the above project and seeking various approvals to enable the letting of the road construction contract.

RESOLVED:

(1)that public notice be given of the intention to appropriate that strip of land shown for identification purposes only on the plan attached to the report and marked ‘VREE’ (Victoria Road East Extension), for highway purposes and if no objections are received that the land be so appropriated;

(2)that authority be delegated to the Corporate Director of Resources, Access and Diversity in consultation with the Lead Members for Finance and Resources, and Cultural Services and Neighbourhood Renewal, to:-

(i)consider any objections received to the public notice(s), and

ii) to authorise the appropriation of the land if, having regard to any objections received, it is considered that the appropriation should proceed.

                        (3)            that should the appropriation proceed:-

a) approval is given to the terms for the joint funding of the Victoria Road East Extension and Lewisher Road Link on the basis set out in 1.2 of the Supporting Information.

b)approval is delegated to the Corporate Director of Resources, Access and Diversity to complete negotiations and agree the necessary Heads of Terms with the Secretary of State for Health, Gipsy Lane Brickworks Ltd. and the Trustee of Humberstone and Elms Farm Trust, as indicated in the Supporting Information

c)approval is delegated to the Corporate Director of Resources, Access and Diversity to accept the most economically advantageous tenders for the construction of the Victoria Road East Extension, and Lewisher Road Link and associated works

d)the Head of Legal Services is authorised to enter into the legal documentation necessary for the construction of the Victoria Road East Extension and Lewisher Road Link; this to include any associated contracts; the transfer of land to the Council from Gipsy Lane Brickworks Ltd., from the Council to Gipsy Lane Brickworks Ltd., and from the Secretary of State for Health to the City Council, as set out in 1.3 to 1.5 and 1.10 of the Supporting Information; the release of the restrictive covenant; and the contribution agreements

e)approval is given to:-

i)commitment to the management plan dated January 2002 (ref. CS/1039) for the Site of Special Scientific Interest on Land adjacent to the Lewisher Road Link,

and

ii)an application for the variation of condition 12 of planning consent 981079 (dated 22/1/99) to delete the reference to a s.106 agreement.

f)approval is delegated to the Corporate Director of Resources, Access and Diversity in consultation with the Lead member for Finance and Resources to vary the funding terms for the Victoria Road East Extension / Lewisher Road Link if this proves necessary to secure their construction.

The full decision is recorded in the private section of the Minutes as it contains exempt information as defined in Paragraph 8 of Schedule 12 of the Local Government (Access to Information) Act 1985, that is, the amount of any expenditure proposed to be  ...  view the full minutes text for item 181.

Councillor Patel submits a report.

Councillor Patel submitted a report updating the Cabinet on progress on the proposals to develop the Shire Shopping Centre.

RESOLVED:

                        (1)            that the current position be noted; and

(2)that the Corporate Director of Resources, Access and Diversity be authorised, in consultation with the Cabinet Leads on Finance and Resources, and Strategic Planning and Regeneration, to agree the terms for the Development Agreement, Land Sale Agreement and any other necessary Agreements required in connection with the Shires West Shopping Centre development and for the Head of Legal Services to be granted authority to enter into and complete these Agreements.

The meeting ended at 6.02 pm.

The meeting ended at 6.02 pm