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 requested 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 Kitterick and Waddington declared non prejudicial interests in report B1 ‘Developments of Site of Former Granby Halls Leicester’, as they had already expressed public opinions on the development of the site.

The Leader announced that the Cabinet had written to University Hospitals Leicester expressing their views on the consultation over proposals to charge for car parking at the Glenfield and General Hospitals. It was their view that it was acceptable to charge for car parking at the Leicester Royal Infirmary, but that the public transport infrastructure was not good enough to allow sufficient access to sites at Glenfield or Leicester General and charges for car parking at these sites were therefore not supported.

The Leader also welcomed the plans to extend the opening hours of museums as a result of the Council meeting on 23 February.

The minutes of the meeting held on 14 February 2005, 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 14 February 2005, having been circulated to Members be taken as read and signed by the Chair as a correct record.

There were no matters referred.

Councillor Waddington submits a report seeking approval to a Department for Education and Skills (DfES) funded programme of transformation in all secondary schools, outside the City Academy programme, and some Special Education provision in order to raise educational standards. Cabinet is recommended to approve various recommendations outlined in the report.

Councillor Waddington submitted a report seeking Member approval to a Department for Education and Skills (DfES) funded programme of transformation in all secondary schools, with the exception of those in the City Academy programme, and some funding for special schools. The minute extract from the Education and Lifelong Learning Scrutiny Committee held on 9 February 2005 had also been circulated.

It was noted that the proposals involved the refurbishment or new building of 15 schools and 1 Pupil Referral Unit, and demonstrated a commitment to improving education in the City. It was noted that revised recommendations were being suggested, to take account of the comments by the Education and Lifelong Learning Scrutiny Committee and the Unions. In particular, the importance of community use of the schools was emphasised and also the need for meaningful consultation with all stakeholders during the development of the programme. It was also recognised that some issues needed further work and reports back to Cabinet.

The Leader congratulated Councillor Waddington and the Officers involved in developing the bid which would amount to the largest investment in schools since Unitary Status.

RESOLVED:

(1)That the Strategic Business Case (SBC), the key points of which have been included within the Cabinet report, be approved,

(2)that the phase 1 Outline Business Case (OBC) , the key points of which have been included in the Cabinet report, be approved,

(3)that, subject to the approval of the OBC by HM Treasury, the Corporate Director for Education and Lifelong Learning, in consultation with the Cabinet Lead Member for Education, be authorised to commence an exercise to procure a Private Sector Partner to participate in the Local Education Partnership (LEP) and to develop the first four schools,

(4)that Officers be instructed to prepare a draft Strategic Partnering Agreement (SPA) for use in the procurement and management of the LEP, that will clearly establish the remit of each partner, requiring the retention of key strategic objectives, the development and review of the SBC and the identification of new projects retained by the LEA, with the LEP focus on the development and delivery of those new projects, the SPA to clearly establish the accountability of the LEP and the controls and measures available,

(5)that a further report be brought back to the Cabinet seeking approval to the appointment of the Private Sector Partner and the signing of contracts,

(6)that the Corporate Director of Education and Lifelong Learning, in consultation with the Cabinet Lead Member for Education and Lifelong Learning and the Project Board, be authorised to negotiate with the DfES to vary the details of the SBC and OBC, as explained in paragraph 82 of the main report,

(7)that authority be delegated to the Corporate Director of Education and Lifelong Learning in consultation with the Town Clerk, Cabinet Member for Finance and the Project Board, to subscribe for equity in the LEP, subject to available Capital Programme provision, such provision to be based solely on the extent to which  ...  view the full minutes text for item 185.

Councillor Getliffe submits a report presenting an initial appraisal of the Government’s White paper, ‘Choosing Health’ and its likely implications for the City Council. Cabinet is recommended to note the implications of the White Paper on Public Health for Leicester, the designation of ‘Spearhead’ status and the implications for Local Area Agreements, endorse the development of a Healthy Leicester initiative and receive a further report on its possible scope, ask the Health Overview and Scrutiny Committee to monitor its development on behalf of the City Council, and seek the support of the Leicester Partnership for the project as a cross cutting theme in relation to the Community Plan and Neighbourhood Strategy. Dr Stephen Whitehead, Director of Public Health for Eastern Leicester and Leicester City West PCT will be in attendance for this item.

Councillor Getliffe submitted a report presenting an initial appraisal of the Government’s White Paper, ‘Choosing Health’ and the likely implications for the City Council. Dr Stephen Whitehead, Director of Public Health was in attendance for this item.

RESOLVED:

(1)That the implications of the White Paper on Public Health for Leicester, the designation of ‘Spearhead’ status, and the implications for Local Area Agreements be noted,

(2)that the development of a Healthy Leicester initiative be endorsed and that the Cabinet receive further reports on its scope,

(3)that the Health Overview and Scrutiny Committee be asked to monitor its development on behalf of the City Council, and

(4)that the support of the Leicester Partnership for the project as a cross cutting theme in relation to the Community Plan and the Neighbourhood Strategy be sought.

Councillor Getliffe submits a report which is supplemental to the report to Cabinet on 16 August 2004 which discussed the Council’s formal accession to the Leicester Local Improvement Finance Trust (LIFT) Strategic Partnering Agreement with the various Primary Care Trusts  and the LIFT Company formed for Leicester. The LIFT Company’s funders now require the Council to enter into a Facility Letter and wish for further assurance as to the use of Cabinets powers by way of a confirmatory resolution. Cabinet is recommended to authorise the Facility Letter and further authorise the Head of Legal Services to sign it and  (unless the need has been dispensed with) that the resolutions as set out in appendix two be considered and passed.

Councillor Getliffe submitted a report which was supplemental to the report to Cabinet on 16 August 2004 which discussed the Council’s formal accession to the Leicester Local Improvement Finance Trust (LIFT) Strategic Partnering Agreement with the various Primary Care Trusts and the LIFT Company formed for Leicester. Information relating to the approvals list, the document list and the transaction lists as referred to in appendix two of the report was circulated to the meeting.

RESOLVED:

(1)That the Facility Letter be authorised and that the Head of Legal Services be authorised to sign it, and

(2)that the resolutions as set out in appendix 2 of the report, and attached to these minutes, be approved.

Councillor Willmott submits a report advising Cabinet of the requirement under the Planning and Compulsory Purchase Act 2004 to prepare a Local Development Scheme and seeks approval of the scheme for submission to the Secretary of State. Cabinet is recommended to agree the programme for preparation of local development documents as set out in the Draft Local Development Scheme, and that the Local Development Scheme be submitted to the Secretary of State for approval.

The relevant minute extract of the Strategic Planning and Regeneration Scrutiny Committee held on 20 January 2005 is attached.

Councillor Willmott submitted a report advising Members of the requirement under the Planning and Compulsory Purchase Act 2004 to prepare a Local Development Scheme, and sought the approval of the Cabinet of the scheme for submission to the Secretary of State. The minute extract of the Strategic Planning and Regeneration Scrutiny Committee held on 20 January 2005 had been circulated.

Councillor Willmott particularly noted and welcomed the emphasis of the new provision on strengthening community and stakeholder involvement.

RESOLVED:

(1)That the programme for preparation of local development documents as set out in the Draft Local Development Scheme be agreed, and

(2)that the Local Development Scheme be submitted to the Secretary of State for approval.

Councillor Corrall submits a report giving details of Leicester’s Environment Strategy as developed by the Leicester Environment Partnership on behalf of the Leicestershire Partnership, seeks the endorsement of the City Council to the strategy and sets out where the Council can make a contribution towards its implementation. Cabinet is recommended to endorse the strategy and agree to the preparation of action plans and monitoring arrangements to ensure the effective delivery of the strategy. The action plans will detail information about partners delivering plans, targets and timescales.

The relevant minute extract of the Leisure and Environment Scrutiny Committee held on 2 February 2005 is attached.

Councillor Corrall submitted a report giving details of Leicester’s Environment Strategy as developed by the Leicester Environment Partnership on behalf of the Leicester Partnership, and sought the endorsement of the City Council to the strategy  and set out where the Council could make a contribution towards its implementation. The minute extract of the Leisure and Environment Scrutiny Committee held on 2 February 2005 had been circulated.

RESOLVED:

(1)            That in principle, the strategy be endorsed, subject to the objectives being considered further,

(2)            that the action plans and monitoring arrangements as set out in the report be prepared.

Councillor Kitterick submits a report seeking Cabinet’s agreement for spending next financial year’s transport capital programme, for both Integrated Transport and Capital Maintenance. Cabinet is recommended to recommend that Council approve the programme of works for 2005/06, give the Corporate Director of Regeneration and Culture delegated power to implement the programme, including the signing of contracts provided that expenditure on the programme does not exceed the budgets available, confirm that the Corporate Director, in consultation with the Cabinet Member for Highways and Transportation, has delegated authority to vary the programme including the adoption of a detailed footway maintenance programme, provided that such variations are in order to help achieve the Council’s transport policy and authorise the funding of 60% of the expenditure on Upperton Road viaduct for the next financial year from Prudential Borrowing, with the remainder coming from Capital Maintenance.

The relevant minute extract of the Leisure and Environment Scrutiny Committee to be held on 2 March 2005 will be circulated as soon as it is available.

Councillor Kitterick submitted a report seeking Cabinet’s approval for spending next financial year’s transport capital programme, for both Transport and Capital Maintenance. The minute extract of the Leisure and Environment Scrutiny Committee held on 2 March 2005 had been circulated and it was noted that these comments were broadly supportive.

It was noted that there was an error in Appendix C to the report: HRA Carriageway Repairs should have an estimated cost of £270,000, and Upperton Road Viaduct should have an estimated cost of £230,000.

RESOLVED:

(1)That Council be asked to approve the programme of works for 2005/06, a set out in appendices A and B of the report be approved,

(2)that the Corporate Director of Regeneration and Culture be authorised to implement the programme, including the signing of contracts, provided that expenditure on the programme does not exceed the budgets available,

(3)that it be confirmed that the Corporate Director of Regeneration and Culture, in consultation with the Cabinet Member for Highways and Transportation, has delegated authority to vary the programme, including the adoption of a detailed footway maintenance programme, provided that such variations are proposed in order to help achieve the Council’s transport policy, and

(4)that funding of 60% of the expenditure on Upperton Road viaduct next financial year from Prudential Borrowing, be authorised, with the remainder coming from Capital Maintenance.

Councillor Connelly submits a report seeking agreement to the expenditure of £943,000 on the Welford Road Cemetery Heritage Lottery funded project in accordance with Leicester City Council procedures and Prince II project management arrangements. The Cabinet is recommended to authorise the acceptance of the Stage 2 Heritage Lottery Fund award of £759,500, total capital expenditure of £943,000 on the project, and delegate authority to the Corporate Director of Regeneration and Culture to appoint appropriate contractors and implement the restoration project on site.

Councillor Connelly submitted a report seeking agreement to the expenditure of £943,000 on the restoration of Welford Road Cemetery. It was noted that the work would be funded by £759,000 of Heritage Lottery Funding with a contribution of £183,500 from the City Council. Councillor Connelly thanked the Officers who had been involved in securing the award from the Heritage Lottery Fund and in particular thanked the friends of the Welford Road Cemetery.

RESOLVED:

(1)That the Stage 2 Heritage Lottery Funding award of £759,500 be accepted,

(2)that total capital expenditure of £943,000 on the project be authorised, and

(3)that the authority be delegated to the Corporate Director of Regeneration and Culture to appoint appropriate contractors and implement the restoration project on site.

Councillor Corrall submits a report seeking the approval of a new post of Community Safety Service Director to strengthen the drive to improve Community Safety and manage relevant services. Cabinet is recommended to approve a new post of Service Director (Community Safety), subject to a Members Appointment Panel being convened, determine whether the post should be filled permanently or on a temporary one year basis, agree that relevant services should be brought together under the management of the new Service Director as shown in the report once a permanent Officer is in post and a review in accordance with the Council’s staffing protocol has taken place, and that Cabinet determines whether the funding for this post be provided as set out in paragraph 4.1, or alternatively that implementation be deferred until alternative funding can be identified.

Councillor Corrall submitted a report seeking approval for a new post of Community Safety Service Director to strengthen the drive to improve Community Safety and manage relevant services.

RESOLVED:

(1)That a new post of Service Director be established in accordance with the report and a Members Appointment Panel be convened,

(2)               that the post be filled on a temporary one year basis,

(3)               that relevant services be brought together under the management of the new Service Director as shown in the report as soon as circumstances allow and a review in accordance with Council’s staffing protocol has taken place in consultation with the Cabinet Lead Member, and

(4)               that funding for this post be provided as set out in paragraph 4.1 of the report.

Councillor Draycott submits a report setting out the findings made by the Local Government Ombudsman following the investigations into three complaints that the Council failed to protect the interests of existing residents when it agreed planning consent for a new development. Cabinet is recommended to recommend that Council accepts the Ombudsman’s recommendations and, subject to the Council’s acceptance of this recommendation, the resulting executive action be taken.

Councillor Draycott submitted a report setting out the findings made by the Local Government Ombudsman following the investigation into three complaints that the Council failed to protect the interests of existing residents when it agreed planning consent for a new development which had resulted in considerable overlooking of existing properties. It was noted that the Ombudsman had recommended an independent valuation of the complainants properties to establish any loss of value arising from the hew properties having been built from 1m to 1.55m higher. This had resulted in valuations of £2,500 for 2 complainants and £2,000 for one complainant. The Ombudsman had also recommended that the Council should pay £250 to each complainant in acknowledgement of the time and trouble to which they had been put.  It was noted that safeguards and measures were now in place to ensure that a similar situation did not occur in the future.

RESOLVED:

(1)That Cabinet recommend that Council accepts the Ombudsman’s recommendations, and

(2)that, subject to the Council’s acceptance of its recommendation, the resulting executive action be taken.

Councillor Connelly submits a report seeking the support of the Cabinet to actively promote the London bid for the 2012 Olympic and Para Olympic Games. Cabinet is recommended to support the London Olympic bid and authorise Officers to undertake a low cost/high profile campaign with partners.

Councillor Connelly submitted a report seeking the support of Cabinet to actively promote the London bid for the 2012 Olympic and Para Olympic Games.

RESOLVED:

(1)               That the London Olympic Bid be supported, and

(2)that Officers be authorised to undertake a low cost/high profile campaign with partners.

Councillor Draycott submits a report updating the Cabinet on the progress of the capital programme for 2004/05 up to 31 December (period 9). Cabinet is recommended to approve a revised level of programmes expenditure of £93.071 million, note the level of expenditure to 31 December 2004 of £52.42 million, note the position relating to capital receipts, approve the uses of the saving related to the Improved Customer Access scheme of £31,000 for the implementation of the e forms software, note that the saving in relation to the Abbey Meadows Depot scheme is £74,000 less than previously reported, approve increases in the programme relating to Education and Social Care and Health, note that forecast capital programme is 89% of the approved programme compared to 90% and note the latest prudential indicator forecasts for 2004/05.

Councillor Draycott submitted a report updating the Cabinet on the progress of the capital programme for 2004/05 up to 31 December (period 9). Councillor Draycott also noted that at December only 56% of the programme had been spent and that she would be having discussions with the Chief Finance Officer to try and improve this in the future.

RESOLVED:

(1)That a revised level of programmed expenditure of £93.121 million be approved,

(2)that the level of expenditure to 31 December 2004 of £52.42 million be noted,

(3)               that the position relating to capital receipts be noted,

(4)               that the use of the saving relating to the Improved Customer Access scheme of £31,000 for the implementation of the e-forms software be noted,

(5)               that the saving in relation to the Abbey Meadows Depot scheme of £74,400 lower than previously reported be noted,

(6)               that the following increases to the programme be approved:

Education

City of Leicester school (£100,000) with works to be funded by grant

Social Care and Health

Purchase of a holiday caravan for looked after children (£33,000)

Regeneration and Culture

Liveability schemes (£50,000 in 2004/05, £2,880,000 in 2005/06) financed by additional capital grant

(7)               that the forecast capital programme performance of 89% of the approved target compared to a target of 90% be noted, and

(8)that the latest prudential indicator forecasts for 2004/05 be noted.

The Chair agreed to accept two items of urgent business

Proposal to Close Western Park School

The report was considered urgent in order for the project to be kept to timetable.

Eastern Shires Purchasing Organisation (ESPO), Development and Accommodation

The report was considered urgent because of the need to formalise contracts as soon as possible. The report was considered in the private session as it contained exempt information as detailed in paragraph 8 of the Local Government Act.

Councillor Waddington submitted a report informing the Cabinet of the progress, to date, on the proposal to close Western Park School and sought approval to publish statutory notices to cease to maintain the school.

It was noted that options other than closure had been explored, but that the small numbers on the school roll meant that the school was no longer viable and there was no alternative to closure. The Cabinet expressed their regret that the school would be closed, but stated that work would be done to find places for the pupils and staff at other schools.

RESOLVED:

                        (1)            That the responses to the consultation be noted, and

(2)that the publication of formal notices to cease to maintain Western Park School be approved.

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.

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.

DEVELOPMENT OF SITE OF FORMER GRANBY HALLS, LEICESTER

Paragraph 8

The amount of any expenditure to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

EASTERN SHIRES PURCHASING ORGANISATION (ESPO) DEVELOPMENT AND ACCOMMODATION

Councillor Willmott submits a report.

Councillor Draycott submitted a report requesting that Cabinet consider a proposal that the Eastern Shires Purchasing Organisation (ESPO) vacates its current premises at County Hall for new, purpose built accommodation. It was noted that it was envisaged that this would result in greater dividend income and lower prices for authorities in ESPO, but would require the Authority to underwrite finance for the expansion.

RESOLVED:

                        That Cabinet support the new development and agree to underwrite the County Council’s liabilities, subject to the Head of Legal Services being satisfied with the terms of the Agreement.

The meeting closed at 6.11pm.

1          BUSINESS CASE, PROPOSALS AND REPORTS

1.1       The Cabinet noted and approved the contents of the various reports of the Director of Health and Social Care, including the following:

1.1.1the requirement for the Council to sign the Strategic Partnering Agreement and other documents as noted in paragraph 2.5 of the Report to Cabinet of 16^th August 2004 (the “August Report”);

5.1.2[the disposal of the freehold property at the Charnwood Children and Family Centre and St Peter’s owned by the Council as noted in paragraph 4.5 and 4.6 of the Report to Cabinet of 22^nd September 2003 (the September 2003 Report”)];

1.1.3the conferring of exclusive development rights to LIFTCo (subject to demonstrating continued value to money) over a possible 25 year period but limited, in the case of the Council, to those expressly set out in the SSDP as described in paragraphs 5.9 onwards of the September 2003 Report, and noting that the Council will have effective veto over any proposals in the SSDP which affect it.

1.1.4and the Council taking a lease substantially in the form of the Lease Plus Agreement (“LPA”), but on terms to be agreed,  on the Charnwood scheme as described in paragraphs 6 onwards of the September 2003 Report;

1.2       The Chair noted that negotiations in connection with the accession of the Council to the Strategic Partnering Agreement are nearing completion, the substantive agreement having been signed in August 2004 and the LIFTCo established at that time.

1.3       The following documents were tabled at the meeting or were available as background papers for perusal before the meeting:

1.3.1a list of the outstanding issues which are to be resolved to the satisfaction of the Corporate Director of Social Care and Health of the Council for the time being (a copy of which is attached to these minutes, initialled by the Chair for the purposes of identification) (the “Approvals List”); and

1.3.2a documents list in relation to the Project headed Documents list for the Council, (a copy of which is attached to these Minutes, initialled by the Chair for purposes of identification) the (“Documents List”); and

1.3.3the latest drafts of those documents referred to in the Documents List as being documents to be initialled by or signed by the Council (including Schedules, Annexures and Appendices) together with such other documents as the Corporate Director of Resources, Access and Diversity for the Council for the time being and/or the Head of Legal Services of the Council shall sign (the “Transaction Documents”).

2          POWERS TO ENTER INTO THE PROJECT AND TRANSACTION DOCUMENTS

            2.1            The Cabinet noted that:-

2.1.1the Council has general powers specified in Section 2 of the Local Government Act 2000 to promote the economic, social and environmental well being of the area of Leicester;

2.1.2the Council may dispose of land held by it in any manner it wishes pursuant to Section 123(1) of the Local Government Act 1972  ...  view the full minutes text for item 203.