Agenda and minutes

Apologies for absence were received from Councillor Suleman.

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.

Councillor Mugglestone declared a personal but non prejudicial interest in Appendix B3, 'Construction and Demolition Waste Facility Progress Report', as a Council appointed director on Groundwork.    

Councillor Sandringham declared a personal and prejudicial interest in Appendix F, 'Creation of a Joint Post of Director of Public Health' and left the meeting during discussion of this item.

The minutes of the meeting held on 30 October 2006 and 13 November 2006, have been circulated to Members and the Cabinet is asked to approve them as a correct record.

RESOLVED:

                        that the minutes of the meetings of the Cabinet held on 30 October and 13 November having been circulated be taken as read and signed by the Chair as a correct record.

There were no matters referred from Committees.

Councillor Suleman submits a report that advises Members of the adjustments made to the Mobile Classroom Replacement Programme by the Corporate Director under delegated authority and to recommend proposals for the capital projects at Inglehurst Infant and Junior Schools.  Cabinet is recommended to note the adjustments made by the Director under delegated authority to the funding allocations for individual projects on the Mobile Classroom Replacement Capital Programme and to agree the additional funding for the projects at Inglehurst Infant and Junior Schools of £1,061,000 from the unallocated funding from the Capital Programme.

The relevant minute extract from the Children and Young People’s Scrutiny Committee on 15 November 2006 will be circulated as soon as it is available.

Councillor Ramsdale submitted a report that advised Members of the adjustments made to the Mobile Classroom Replacement Programme by the Corporate Director under delegated authority and recommended proposals for the capital projects at Inglehurst Infant and Junior Schools.

The relevant minute extract of the Children and Young People Scrutiny Committee on 15 November was circulated to the Cabinet.

RESOLVED:

1)            that the adjustments made by the Director under delegated authority to the funding allocations for individual projects on theMobile Classroom Replacement Capital Programme be noted; and

(2)that approval be given for the additional funding for the projects at Inglehurst Infant and Junior Schools of £1,061,000 from the unallocated funding from the Capital Programme.

Councillor Suleman submits a report that describes for Members how the learning offer for children in the City can be transformed by making best use of the available capital to strengthen the range of services on offer at a neighbourhood level.  Cabinet is asked to approve a number of recommendations set out in paragraph 3 of the covering report.

The relevant minute extract from the Children and Young People’s Scrutiny Committee on 15 November 2006 will be circulated as soon as it is available.

Councillor Blackmore submitted a report describing how the learning offer for children in the City could be transformed by making best use of the available capital to strengthen the range of services on offer at a neighbourhood level. 

The relevant minute extract of the Children and Young People Scrutiny Committee on 15 November was circulated to the Cabinet.

RESOLVED

(1)               that the current thinking around the development of the strategic direction for  the development of early intervention and prevention services and the key role that early years services will be playing in helping to shape a neighbourhood approach, as set out in the supporting information, be noted.

(2)               that the real opportunity for the city in thinking about it’s capital allocations differently in order to transform the learning offer for Children and Young People be noted.

(3)               that approval be given for the allocation of Sure Start capital funds between the three main strands as follows:

Children’s Centres                                    £3,635,000

Childcare Services                                       £778,783

Extended services   £237,668

Total£4,651,451

(4)               that  the proposed locations for the Phase 2 Children’s Centres be approved  and the estimated costs noted.

(5)               that the proposed principles for the allocation of funding to support the Childcare Strategy be approved.

(6)               that the proposed principles for the allocation of funding to support the delivery of extended services in and around schools be approved.

(7)               that the Corporate Director of Children & Young People’s Services be authorised in consultation with the Cabinet Link Member to expend the Sure Start Capital Allocation of  £4,651,451.

(8)               that the Corporate Director of Children & Young People’s Services be authorised in consultation with the Cabinet Link Member to adjust the funding to each individual Children’s Centre project.

(9)               that the Corporate Director of Children & Young People’s Services be authorised in consultation with the Cabinet Link Member to approve virement of capital funds between the strands of the programme to ensure Government targets are achieved.

(10)that the Corporate Director of Children & Young People’s Services be authorised in consultation with the Cabinet Link Member to make allocations to individual projects under the Childcare and Extended Services strands, within the overall frameworks set out in 1.8 and 1.9 of the Supporting Information; and

(11)that the revenue allocation in place to support these services be noted.

Councillor Scuplak submits a report that that recommends Cabinet to approve the boundaries of the Cathedral Guildhall Conservation Area and adopt the Character Appraisal as supplementary guidance to the City of Leicester Local Plan 2006.

The appendix to the report is attached for Members of the Committee only.  Further copies are available on the Councils Web site at: http://www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6021.

Councillor Blackmore submitted a report recommending that Cabinet approve amended boundaries for the Cathedral Guildhall Conservation Area and also adopt the Character Appraisal as supplementary guidance to the City of Leicester Local Plan 2006.

RESOLVED:

(1)that the amendments to the boundaries of the Cathedral Guildhall Conservation Area as detailed in the report be approved; and

(2)that the Character Appraisal be adopted as supplementary guidance to the City of Leicester Local Plan 2006.

Councillor Mugglestone submits a report that will determine the Council’s Gambling Policy as required by the Gambling Act 2005.  Cabinet is asked to recommend the draft Gambling policy to be approved by Council.

The relevant minute extract from the Licensing Committee on 10 November 2006 will be circulated as soon as it is available.

The appendices to the report are attached for Members of the Committee only.  Further copies are available on the Councils Web site at: http://www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6021.

Councillor Mugglestone submitted a report which proposed a Gambling Policy for recommendation to Council.  It was noted that the Council was required to publish its Gambling Policy by 31 January 2007 under the provisions of the Gambling Act 2005.

The relevant minutes extracts of the Licensing Committee on 8 June and 10 November 2006 had been circulated to the Cabinet.

RESOLVED:

                        that the draft Gambling Policy circulated with the report be recommended to Council for approval.

Councillor Mugglestone submits a report that updates Cabinet on the current position of the three projects delivering public realm improvements in the city centre, brings to their attention programming and funding issues, seeks approval to the release of capital programme moneys and proposes expenditure and funding programmes for future years (2008/09 – 2010/11).  Cabinet is asked to approve a number of recommendations as set out in paragraph 3.1 of the report. 

The relevant minute extract from the Economic Development and Planning Scrutiny Committee on 23 November 2006 will be circulated as soon as it is available.

It was noted that this report had been withdrawn by the Corporate Director.

Councillor Gill submits a report that informs Cabinet of the proposal to appoint a Joint Director of Public Health (DPH) who would work across the City Council and the new Leicester Primary Care Trust (PCT) City, identifies the benefits to the public and to the Council and PCT of a joint approach to Public Health and informs Members of the Chief Executive’s involvement in the recruitment to the post.  Cabinet is asked to welcome the opportunity that a Joint DPH brings to the City and note proposals to appoint a joint post.  Cabinet is also asked to incorporate Public Health into the portfolio of one of the Cabinet Members in order to ensure co-ordinated action across the city and across all portfolios.

Councillor Gill submitted a report informing the Cabinet of the proposal to appoint a Joint Director of Public Health who would work across the City Council and the new Leicester Primary Care Trust.

The Cabinet requested that the relevant Scrutiny Committee Chairs and spokespersons meet with the new Director at an early stage and are involved in the development of the new arrangements.

RESOLVED:

(1)that the opportunity that a Joint Director of Public Health brings to the City and the proposal to appoint a joint post be noted; and

(2)that Public Health be incorporated into the portfolio of the Cabinet Member for Adult and Community Services to ensure co-ordinated action across the City and across all portfolios; and

(3)that a request be made for the Cabinet Lead to be involved in the recruitment process.

Councillor Coley submits a report that clarifies the Council’s approach to disability equality and the actions it would take over the next three years to promote the equality of disabled people, and to prevent unlawful discrimination and the harassment of disabled people that is related to their disability.  Cabinet is asked to comment on, welcome and approve the report.

The relevant minute extract from the Resources and Corporate Issues Scrutiny Committee on 16 November 2006 will be circulated as soon as it is available.

The appendices to the report are attached for Members of the Committee only.  Further copies are available on the Councils Web site at: http://www.cabinet.leicester.gov.uk or by phoning Committee Services on (0116) 252 6021.

Councillor Coley submitted a report presenting a Disability Equality Scheme and Action Plan.

The relevant minute extract of the Resources and Corporate Issues Scrutiny Committee on 16 November 2006 had been circulated to the Cabinet and it was noted that the Committee wanted to see more detailed and specific targets.  Councillor Coley requested that the detail requested by the Committee be supplied to them.

RESOLVED:

                        that the report be welcomed and approved.

Councillor Coley submits a report that recommends Cabinet to authorise the Service Director (Legal Services) to make the necessary arrangements for the City Council to enter into a National Parking Adjudication Service (NPAS) Joint Committee Agreement and to appoint a Cabinet Member representative and a substitute Cabinet member to serve on the National Parking Adjudication Service Joint Committee.

The relevant minute extract from the Highways and Transportation Scrutiny Committee on 21 November 2006 will be circulated as soon as it is available.

Councillor Mugglestone submitted a report informing the Cabinet that the introduction of the civil enforcement of parking required the Council to join the National Parking Adjudication Service which provided motorists who had been issued with a Penalty Charge Notice with a mechanism to appeal against the Council's decision in this mater.

The relevant minute extract of the Highways and Transportation Scrutiny Committee on 21 November had been circulated and their support was noted.

RESOLVED:

(1)that the Service Director (Legal Services) be authorised to make the necessary arrangements for the City Council to enter into a National Parking Adjudication Service Joint Committee Agreement; and

(2)that Councillor Ramsdale be appointed as the Cabinet Member representative and Councillor Mugglestone be appointed as the substitute Cabinet Member representative to serve on the National Parking Adjudication Service Joint Committee.

Councillor Coley submits a report that determines City Council representations on two outside bodies – HomeCome Ltd and Leicester Economic Action Project (LEAP).  Cabinet is asked to determine the City Council’s nominations respectively for Homecome Ltd and the Leicester Economic Action Project.

Councillor Coley submitted a revised report in connection with the determination of City Council representation on 2 Outside Bodies; HomeCome Ltd and Leicester Economic Action Project.  The revised report referred to the re-election of 2 retiring directors on the Board of Homecome Ltd.

RESOLVED:

(1)that Councillor Smith be appointed as the Council representative as a director of the Board of Homecome Ltd, to be effective as soon as possible.

(2)that the Council's representative indicate at the Homecome AGM on 28 November 2006, the Cabinet's support for Ian Harkness and John Townsend for re-election as Homecome Directors.

(3)that under the provisions of Cabinet Procedure Rule 12 (d) no objection to the above decision be allowed on the grounds of urgency as the Homecome AGM is scheduled for 28 November  2006; and

(2)that the Corporate Director of Regeneration and Culture or their nominee be appointed as the Council representative as the Chair of the Leicester Economic Action Project

The Chair agreed to admit an Item of Urgent Business to the agenda in connection with Dulverton Road.  The item was urgent to ensure that there were no abortive works or costs incurred on the planning and implementation of this scheme.

Councillor Blackmore reported that at the Cabinet meeting on 25 September 2006, a report of the Corporate Director of Regeneration and Culture concerning traffic management measures for Dulverton Road had been considered.

The Cabinet Minute on this item was as follows:

RESOLVED:

(1)       that the request by the Braunstone Park & Rowley Fields, Westcotes & Western Park Area Committee for a no entry restriction be noted;  and

(2)       that the introduction of a one way, a no entry sign at one end of Dulverton Road and a pinch point, be agreed subject to any legal restrictions.

It was noted that it had since become apparent that the Minute, as written, did not provide sufficient clarification on the decision taken.

For the avoidance of doubt, Cabinet were asked to clarify their decisions.

RESOLVED:

(1) that the decision on this matter taken at the Cabinet Meeting on 25 September 2006 be reaffirmed;

(2) that there be a “No Entry” sign at the Westcotes Drive end of Dulverton Road (not previously specified) and

(3)that it be confirmed that there was no request and no approval granted for the whole or part of Dulverton Road to be made one way.

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, 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).

It was noted that the report on the Performing Arts Centre had been withdrawn from the agenda.

It was also noted that the Chair had agreed to a request from Councillor Corrall, as ward councillor, to remain in the meeting during discussion of Appendix B3, 'Construction and Demolition of Waste Recycling Facility'.

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 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).

Councillor Coley submits a report

Councillor Coley submitted a report.

RESOLVED:

(1)that the disposal of the ‘Batch 1’ sites and the 5 properties identified for demolition, to East Midlands Housing Association for the sum per site  detailed in the report be approved.

(2)that associated expenditure of £15,000 (estimate) from the 2006/07 Housing Capital Programme in preparing the sites for disposal be approved

(3)that approval be given for £660,000 of Capital Programme funding for EMHA to provide 29 affordable homes for rent and 8 affordable shared ownership homes, in developing the ‘Batch 1’ sites, to be spent during the 2007/08 and 2008/09 financial years; and

(4)that the Corporate Director of Adults and Housing be authorised in conjunction  with Corporate Director of Resources to negotiate and conclude negotiations for ‘Batch 1’ (or any combination of sites within ‘Batch 1’) on terms which are substantially the same as reported (or proportionately for each site).

Councillor Coley submits a report

Councillor Coley submitted a report.

The relevant minute extract of the Economic Development and Planning Scrutiny Committee on 23 November 2006 had been circulated and it was noted that the Committee supported the scheme.

RESOLVED:

(1)that the sale of the freehold interest with vacant possession of the land indicated on the plan attached to the report to Bovis Lend Lease/In Partnership in the sum detailed in the report, with share of super profits, be approved subject to the purchaser obtaining planning permission for their proposed scheme and the Council acquiring the long leasehold interests.

(2)that the Corporate Director of Resources be authorised to negotiate for the purchase of the two long leasehold interests currently existing at the site.

(3)that the Corporate Director of Resources be authorised, in consultation with the Cabinet Leads for Resources and Regeneration, to agree the detailed terms of sale of the site and the detailed terms for the acquisition of the long leasehold interests up to a maximum total cost detailed in the report, to be funded from the sale of the freehold interest in the site.

(4)that the Head of Legal Services be authorised to enter into the necessary agreements to progress the St. Augustine’s scheme and Old Town Development Partnership; and

(5)that Council be recommended to approve an addition to the capital programme of expenditure as detailed in the report for the acquisition of the long leasehold interests of St Augustines to be funded from the capital receipt from the sale of the freehold interest in this site.

Councillor Mugglestone submits a report.

Councillor Coley submitted a report.

RESOLVED:

(1)that approval be given in principle to a disposal at less than best consideration; and

(2)that the Corporate Director of Resources be authorised, in consultation with the Cabinet Lead Members for Resources and Regeneration and the Chief Finance Officer to agree terms for the grant of a lease to Groundwork, following consideration of the business plan to be supplied.

The meeting ended at 6 pm.