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 Act applied to them.

No declarations were made.

Cabinet portfolios

The Leader reported that Councillor Suleman was the Cabinet Lead for the new Children's Services Department and that Councillor Gill was the Cabinet Lead for the new Adult and Community Services department.

Junior Chess Championship

The Leader reported that he had attended the Leicestershire & Rutland Junior Chess Championship organised by the Leicestershire & Rutland Chess Association  and was pleased to see young people gathered together and competing in such a competition. He expressed his congratulations to all who entered.

Across the Board Exhibition

The Leader also gave a reminder that there was only another few weeks to visit the 'Across the Board' exhibition at New Walk Museum.

Charter for the Bereaved

The Leader reported that after 2 years of hard work the City Council had achieved Charter status for Bereavment services.  It was noted that the Charter for the Bereaved was intended to improve and update cemetery and crematoria services and all related aspects of bereavement.  It was developed by the Institute of Cemetery and Crematorium Management (ICCM) to set the standards of service for the industry.  In order to become a member of the Charter, bereavement services had to show that we were able to satisfy 35 basic rights connected with all aspects of bereavement.

The minutes of the meeting held on 13 March 2006 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 13 March 2006, having been circulated to Members, be taken as read and signed by the Chair as a correct record.

a)            Strategic Planning and Regeneration Scrutiny Committee - 13 March 2006

            Refugees and Asylum Seekers Advice Project

            The following was agreed at the above meeting.  The full minute extract is attached at Appendix A.

1)      that the Committee gives its support to Cabinet in approaching the Home Office for further funding for the project;

2)      that Neighbourhood Renewal Funding be sought and that work be undertaken to actively seek other funding sources; and

3)      that the Council provide interim funding for the project until a longer term solution has been found however if the proposed avenues for funding the project prove unsuccessful, then the Council underwrites funding for the project.

Councillor Farmer to respond.

b)            Strategic Planning and Regeneration Scrutiny Committee - 13 March 2006

Planning Application Statistics

The following was agreed at the above meeting.  The full minute extract is attached at Appendix A.

(1)       that the Cabinet be asked to re-consider the name of the Development Control Committee, possibly to include the word ‘Planning’;

(2)       that Cabinet be requested to consider this report and give consideration to the concerns of the Committee, with regard to the potential deteriorating performance in the planning service which could result from the budget cuts;

(3)       that that Committee asks for a report back on the Action Plan to improve the performance of the planning service;

(4)       that the Committee would like the use of pre-planning discussions promoted if they proved useful;

(5)       that the Committee requests to see statistics on comparator cities with regard to their planning services.

c)            Development Control Committee - 21 March 2006

Planning Application Statistics

The following was agreed at the above meeting.  The full minute extract is attached at Appendix A.

that the report be referred to Cabinet and that the Committee’s concerns be responded to.

Councillor Farmer to respond.

a)            Strategic Planning and Regeneration Scrutiny Committee - 13 March 2006

            Refugees and Asylum Seekers Advice Project (RASAP)

            The following was agreed at the above meeting. 

1)      that the Committee gives its support to Cabinet in approaching the Home Office for further funding for the project;

2)      that Neighbourhood Renewal Funding be sought and that work be undertaken to actively seek other funding sources; and

3)      that the Council provide interim funding for the project until a longer term solution has been found however if the proposed avenues for funding the project prove unsuccessful, then the Council underwrites funding for the project.

Councillor Farmer reported that to date no reply had been received from the Home Office to the letter from the Cabinet requesting continued funding for RASAP.  It was noted that it was hoped that the project would be funded from the Neighbourhood Renewal Fund (NRF) through the 'new arrival strategy'.  However, no decisons on the NRF had yet been taken.  The Cabinet could not agree to underwrite the project should other sources of funding not become available as the Council did not have the resources.    However, it was noted that the Leicester Partnership had given in principle agreement for transitional NRF funding to continue the project.

b)            Strategic Planning and Regeneration Scrutiny Committee - 13 March 2006

Planning Application Statistics

The following was agreed at the above meeting.

(1)       that the Cabinet be asked to re-consider the name of the Development Control Committee, possibly to include the word ‘Planning’;

(2)       that Cabinet be requested to consider this report and give consideration to the concerns of the Committee, with regard to the potential deteriorating performance in the planning service which could result from the budget cuts;

(3)       that that Committee asks for a report back on the Action Plan to improve the performance of the planning service;

(4)       that the Committee would like the use of pre-planning discussions promoted if they proved useful;

(5)       that the Committee requests to see statistics on comparator cities with regard to their planning services.

c)            Development Control Committee - 21 March 2006

Planning Application Statistics

The following was agreed at the above meeting. 

that the report be referred to Cabinet and that the Committee’s concerns be responded to.

Councillor Farmer responded that with regard to the name of the Development Control Committee, the request of the Scrutiny Committee would be referred to the Council whose decision it was.  He did not accept that the budget reconfiguration should lead to a reduction in performance but added that the Cabinet was concerned about the current level of performance in the process for determining planning applications and advised that the Corporate Director of Regeneration and Culture would be providing for Cabinet Members a 'road map' for developing and completing a full action plan to address the issues along with some 'quick wins'.  A report on the action plan would also be submitted to the Scrutiny Committee as requested.  It was noted that the main area of  ...  view the full minutes text for item 257.

Councillor Suleman submits a report which introduces the Joint Adoption Service Statement of Purpose and Adoption Team Annual Report.  The Cabinet is asked to approve the Statement of Purpose and Function and note the Annual Report.

The relevant minute extract of the Social Services Scrutiny Committee held on 14 March 2006 will be circulated as soon as it is available.

The full Report is attached for Members of the Cabinet only.  Copies are available on the Council's website at www.leicester.gov.uk/cabinet  or by contacting Dan Jewson on 252 8885.

Councillor Suleman submitted a report which introduced the Joint Adoption Service Statement of Purpose and Function and the Adoption Team Annual Report.  The relevant minute extract of the Social Services Scrutiny Committee held on 14 March 2006 had also been circulated to Cabinet.

RESOLVED:

(1)            that the contents of the Adoption Team Statement of Purpose and Function be approved; and

(2)that the achievements of the Adoption Team and the monitoring of its activities as contained within the Annual Report be noted and commended.

Councillor Suleman submits a report seeking approval to an Education Capital Programme for recommendation to Council.

The relevant minute extract of the Education and Lifelong Learning Scrutiny Committee held on 2 March is attached to the report.

Councillor Suleman submitted a report seeking approval to an Education Capital Programme for recommendation to Council.

The relevant minute extract of the Education and Lifelong Learning Scrutiny Committee held on 2 March had also been circulated to Cabinet.

RESOLVED:

(1)            that the proposed Education Capital Programme be recommended to Council;

(2)               that additional expenditure of £0.5 million from the modernisation allocations for 2006/07 and 2007/08 for the new Braunstone Primary Schools be approved, subject to approval of the Capital Programme by Council, or alternatively to be funded from departmental reserves/schools' block reserves

(3)               that the Corporate Director of Children and Young People’s Services be authorised to implement the programme in accordance with the Council’s Contract Procedure Rules and the flexibilities described in paragraph 2.5 for items 1), 3) and 4) in the report, subject to the approval of the programme by Council;

(4)               that Council be recommended to authorise the Corporate Director of Children and Young People’s Services to exercise the flexibilities described in paragraph 2.5 for item 2) in the report.

Councillor Gill submits a report seeking Cabinet approval to the above Strategy.

The full Report is attached for Members of the Cabinet only.  Copies are available on the Council's website at www.leicester.gov.uk/cabinet  or by contacting Dan Jewson on 252 885.

Councillor Gill submitted a report seeking Cabinet approval to the above Strategy.

RESOLVED:

that the shared city strategy for older people be approved.

Councillor Gill submits a report which addresses the requirement to determine eligibility for services under the Government's guidance on Fair Access to Care Services.  The Cabinet is asked to set the threshold of eligibility at 'substantial' and 'critical', as detailed in the report.

The relevant minute extract of the Social Services Scrutiny Committee held on 14 March 2006 will be circulated as soon as it is available.

Councillor Gill submitted a report which addressed the requirement to determine eligibility for services under the Government's guidance on Fair Access to Care Services.  The relevant minute extract of the Social Services Scrutiny Committee held on 14 March 2006 had also been circulated to the Cabinet and it was noted that the Scrutiny Committee had supported the recommendations in the report.   Councillor Gill also noted the comments of the Scrutiny Committee that they thought that the report should have been considered during September/October prior to the budget being finalised.

RESOLVED:

that the threshold of eligibility be placed at ‘substantial’ and ‘critical’ as set out in Appendix A of the report.

Councillor Farmer submits a report which seeks Cabinet approval to the extension of the Old Humberstone Conservation Area and the adoption of the Old Humberstone Conservation Area Character Appraisal as supplementary guidance to the City of Leicester Local Plan.

The full appraisal document is attached for Members of the Cabinet only.  Further copies are available on the Council's website at www.leicester.gov.uk/cabinet  or by contacting June Gray, Planner on 252 7281.

Councillor Farmer submitted a report which sought Cabinet approval to the extension of the Old Humberstone Conservation Area and the adoption of the Old Humberstone Conservation Area Character Appraisal as supplementary guidance to the City of Leicester Local Plan.  It was noted that the proposals were supported by the Ward Councillors and the Scrutiny triumvirate.

RESOLVED:

(1)            that the extensions to the Old Humberstone Conservation Area as shown on the plan appended to the Appraisal be approved; and

2)that the Character Appraisal for the Old Humberstone Conservation Area be adopted as supplementary guidance to the City of Leicester Local Plan.

Councillor Mugglestone submits a report seeking approval to a fees and charging mechanism to be applied in relation to the licensing of Houses in Multiple Occupation.

This item was withdrawn from the agenda by the Corporate Director of Regeneration and Culture.

The Chair has agreed to accept an Item of Urgent Business onto the agenda as follows:-

Performing Arts Centre

The reason for urgency is that if the report is not considered this could give rise to delays in the project's timetable and consequently an increase in costs of the project.

Councillor Blackmore reported that he had agreed to take one item of urgent business as follows:-

Performing Arts Centre

The reason for urgency was that if the report was not considered this could give rise to delays in the project’s timetable and consequently an increase in costs of the project.

The report was recommended for consideration on the private agenda because it involved the likely disclosure of ‘exempt’ information, as defined in the Paragraph 3 and 5 under Section 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006 and in all the circumstances of the case it was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Cabinet is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information. 

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  contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended 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, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information ”

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information)

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 3 and 5  under Section 12A of the Local Government Act 1972 as amended by the Local Government (Access to Information) (Variation) Order 2006) and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

Councillor Coley submits a report.

Councillor Coley submitted a report.

RESOLVED:

(1)that spending of up to £35,000 of earmarked capital receipts for the provision of new access/egress to Granby Halls car park be approved;

(2)that the Corporate Director of Resources, Access and Diversity in consultation with the Cabinet Lead for Resources, Access and Diversity be authorised to agree any expenditure in excess of £35,000 from Corporate resources to meet any other legitimate costs associated with the provision of a new access/aggress at Welford Road to serve the Granby Halls Car Park; and

(3)that the Head of Legal Services be authorised to enter into all necessary contracts and agreements arising out of this work.

Councillor Mugglestone submitted a report.  Cabinet Members expressed concern at the increased costs of this project.

RESOLVED:

that  £700,000 of the contingency sum for the Performing Arts Centre be released for spend against the provisional sum packages.

The meeting ended at 6pm.