Agenda and minutes

Apologies were received from Cllrs Wall and Nagpal.

Requests to speak:

In accordance with paragraph 2.6(a) of the Constitution, the following speakers addressed the Cabinet with regard to the following items:

Item 8 – 2023/24 Budget Strategy and Medium-Term Financial Strategy (MTFS)

·       Cllr Julian Gallant

Item 9 - Additional Council Tax Support 2023.24

·       Cllr Gary Malcolm

Item 13 - Replacement of Gurnell Leisure Centre

·       Cllr Julian Gallant

·       Cllr Jon Ball

With permission from the Leader/Chair, the following speakers made representations:

Item 13 - Replacement of Gurnell Leisure Centre

·       David Hibbert, Chair of Trustees of Ealing Swim Club (at request of Chair)

·       Sir Sherard Cowper Coles, Chair of the Gurnell Community Sounding Board (at request of Chair)

This meeting was held in a hybrid format with members and officers able to join the meeting remotely. However, regulations did not allow for members attending virtually to be counted as present in the attendance section of the minutes, and their attendance would not count as attendance in relation to section 85(1) of the Local Government Act 1972.

Members attending virtually would be able to speak but would not be able to vote. There were no Members joining virtually.

The Chair explained that the Overview and Scrutiny Committee on 21 February 2023 had utilised its right under Part 4, Scrutiny Procedure Rules, Schedule 15 to Call-In the decision made by Cabinet on 25 January 2023 relating to “The Future of Warren Farm Sports Ground.”

The Chair noted that the Overview and Scrutiny Committee had upheld the decisions made by Cabinet on The Future of Warren Farm Sports Ground.

The Chair additionally noted that the Overview and Scrutiny Committee had made two informal recommendations. The Chair laid out the informal recommendations as set out below and Cabinet responded to them as follows:

Recommendation 1:

That Cabinet is recommended to undertake an ecological and habitat survey of the whole site as part of the feasibility study

Response of Cabinet:

As outlined both in the cabinet report, dated 25 January 2023, and the subsequent briefing to and discussion at the Overview and Scrutiny Committee, an Ecological Survey would be a required component of any future planning application for material changes to the existing use at Warren Farm Sports Ground. Importantly, an Ecological Survey would determine both potential risks to ecological impact, as well as any proposed mitigations.

An Ecological Survey would be a material consideration for the planning authority in determining any changes to the existing configuration and use classes at the Sports Ground. The feasibility study and soft market testing were anticipated to bring greater clarity to the extent of any proposed development of community sports facilities at Warren Farm Sports Ground.

Recommendation 2:  

Cabinet is recommended to engage with Imperial College in order to reconsider whether the proposed sports facilities can be located on their land rather than on the Warren Farm site

Response of Cabinet:     

The London Borough of Ealing remains in ongoing discussions with Imperial College over the proposals for re-wilding across the expanded site. All options would be considered in the context of each party’s requirements and rights over their respective freeholdings within the feasibility study. Those discussions continue.

Item 11 Housing Delivery Update – Appendix 1, 2, 3

Item 14 Sale of Minority Shareholding in BSF Project company’ – Appendix 1, 2, 3

Item 15 Special Education Needs Statutory and Capital Approvals – Mandeville statutory and capital proposals and John Chilton contract award- Appendix C

There were none.

To approve as a correct record the minutes of the meeting held on 25 January 2023.

The minutes of the previous meeting held 25 January 2023 were discussed.

RESOLVED:

The minutes of the previous meeting held 25 January 2023, were approved as a true and accurate record.

There were none.

      I.          Noted the estimated General Fund revenue budget outturn position of net £5.169m (2.24%) overspend for 2022/23, and a breakeven position on the Housing Revenue Account for 2022/23.

     II.          Noted that financial pressures arising from COVID-19 in 2022/23 of £5.046m were forecast to be met from combination of available grants and reserves held for these purposes.

   III.          Noted the in-year Dedicated Schools Grant (DSG) deficit forecast of £1.249m to be charged to the DSG account.

  IV.          Noted the progress on delivering the 2022/23 savings programme.

    V.          Noted the 2022/23 capital programme break-even forecast position.

  VI.          Approved the re-profiling of 2022/23 capital programme net slippage of over £1m of £44.429m into future years.

REASON FOR DECISION AND OPTIONS CONSIDERED:

1.     The Council has forecast the financial position for 2022/23 based on available information at end of 31 December 2022. Recommendations made outline the Council’s forecast position on revenue, capital, income, and expenditure to the end of Quarter 3.

RESOLVED:

Revenue Budget

      I.          Approved total General Fund savings of £14.729m over the MTFS period 2023/24 to 2026/27, submitted as part of the 2023/24 budget review process. This included £7.396m savings from the General Fund over the same period of which £7.184m was to be delivered from the General Fund in 2023/24.

     II.          Authorised the Strategic Director or Director with responsibility for each proposal (including fees and charges) to:

   III.          Carry out all steps required in relation to each proposal, including carrying out any consultation.

  IV.          Consider any consultation outcomes and other detailed implications.

    V.          Complete and consider the implications of any equalities analysis assessment required.

  VI.          Following completion of 1.3(a), 1.3(b) and 1.3(c) above:

a.     Determined whether to amend any proposal prior to implementation.

b.     Determined whether a further report needs to be considered by cabinet or the relevant officer or portfolio holder before a final decision is taken on implementation; and

c.     Where a decision was taken not to proceed with any proposal then alternative proposal(s) would be brought forward for consideration.

VII.          In relation to savings proposals that were significantly cross cutting across more than one service, authorised the Strategic Director or Director with primary responsibility for the savings proposal to complete any required equalities analysis assessments and to consider the outcome, and any other cross-cutting implications, following consultation with the Strategic Directors or Directors of the other services significantly impacted by the proposals, prior to taking any decisions to implement such proposals.

VIII.          Noted in relation to above, that where appropriate any key decisions would be brought back to Cabinet.

  IX.          Noted the latest Medium-Term Financial Strategy (MTFS) for 2023/24 to 2026/27.

    X.          Approved £46.368m of revenue growth for 2023/24 (paragraph 5.2.2) and authorised the Strategic Director of Corporate Resources (Section 151), following consultation with the Portfolio Holder and Strategic Leadership Team (SLT) to agree and allocate the service growth as part of the detailed service budget setting process.

  XI.          Noted that the Council is in a position to agree a balanced budget for 2023/24 and that any remaining budget gap following the Council Tax decision by Full Council on 8 March 2023 will be closed using reserves.

Fees and Charges

XII.          Approved the schedule of fees and charges for 2023/24.

Council Tax

XIII.          Considered and recommended to Full Council an increase of 2% for the Social Care Precept and an increase of 2.99% for Council Tax in 2023/24.

Council Tax Reduction Scheme

XIV.          Noted the changes to the current Council Tax Reduction Scheme as approved by Cabinet on 7 December 2022 for recommendation to Full Council on 8 March 2023.

XV.          Noted that Cabinet is being asked to approve the distribution of the additional Council Tax Support Fund for 2023/24.

Council Tax Empty Property Premium Charge 

XVI.          Approved to continue with an additional premium on top of the standard council tax for properties which have been empty for more than 2 years and to agree in principle to commence an additional 100% charge for the  ...  view the full minutes text for item 8.

RESOLVED:

i.          Approved the recommendations set out in section 3 for distribution of additional Council Tax Support funding 2023/24.

ii.          Approved the proposed discretionary reduction policy pursuant to section 13A(1)(c) of the Local Government Finance Act 1992 as set out in Appendix 1 to this report.

iii.          Delegated authority to the Strategic Director for Corporate Resources in respect of decisions on individual applications for reducing Council Tax payable. 

REASON FOR DECISION AND OPTIONS CONSIDERED:

On 23 December 2022, the government announced funding and guidance for its Council Tax Support Fund for 2023/24. This allowed the Council to reduce Council Tax bills by up to £25 for those in receipt of Council Tax Support (CTS) and to use remaining funding as they see fit to further support households in need.

This was following the revised Council Tax Reduction report being considered by Ealing’s Cabinet on 7 December.

The government had advised that the mechanism which should be used to make these reductions in Council Tax liability is by relying on section 13A(1)(c) of the Local Government Finance Act 1992 (“1992 Act”). Therefore, this report recommended an amendment to the Council’s existing 13A(1)(c) policy provided as Appendix 1 to this report.

The government advice regarding the funded scheme for 2023/24 would be found here: Council Tax Support Fund guidance - GOV.UK (www.gov.uk) 

Ealing funding allocation for the additional Council Tax Support funding was: £630,896

RESOLVED:

      I.          Approved the admissions arrangements 2024/25 for Ealing community schools

     II.          Approved the published admission numbers for all Ealing community schools including a reduction of 15 places at Oldfield Primary School.

   III.          Approved Ealing’s scheme for co-ordination of admissions to Year 7 and Reception/Junior in2024/25 as part of Pan London co-ordination.

REASON FOR DECISION AND OPTIONS CONSIDERED:

All admission authorities must determine their admission arrangements by 28 February every year, even if they have not changed from previous years and consultation has not been required. These were set out in paragraph 1.49 of the School Admissions Code.

RESOLVED:

      I.          Noted the progress made to date on the sites listed below and as shown on the plans for proposed redevelopment to provide 306 new homes at:

a.     Lexden and Steyne Road

b.     Northolt Grange Community Centre

c.     Sussex Crescent.

     II.          Noted and agreed to proceed with the redevelopment of the Sites in the HRA (and not by BLRP as originally proposed) in accordance with the budget allocation approved by Cabinet as part of the HRA Business Plan 2023-2024 in January 2023.

   III.          Noted the outcome of the tender exercise for the main construction contracts for the redevelopment of the Sites and approved the award of the contracts.

  IV.          Delegated authority to the Strategic Director of Housing and Environment to:

    V.          Award a Design and Build JCT contract for the construction of 188 new homes (71 London Affordable Rent, 90 Shared Ownership and 27 Private Sale dwellings) at Lexden and Steyne Road (the Steyne Estate). 

  VI.          Award a Design and Build JCT contract for the construction of 92 new affordable homes at Northolt Grange.

VII.          Award a Design and Build JCT contract for the construction of 26 new affordable homes at Sussex Crescent.  

VIII.          (a) Agreed in principle for the Sites to be appropriated for planning purposes and then for housing purposes.

  IX.          (b) Delegated authority to the Strategic Director of Economy and Sustainability .to undertake the appropriation processes for each Site as, and when, necessary.

    X.          (a) Noted the current position with regard to the land swap in respect of Northolt …. Grange Community Centre as set out in paragraph 2.9.11 below and agrees …. the proposed steps to mitigate the risks set out in paragraph 2.9.12.

  XI.          (b) Delegated authority to the Strategic Director of Housing and Environment to agree and secure compliance with such conditions as may be imposed by the Secretary of State for Education.

XII.          Agreed to grant a lease of the land shown on the plan at Appendix 2 shown in plain green) to the Roman Catholic Diocese of Westminster / St Raphael’s Roman Catholic Primary School as part of the Northolt Grange C.C. site development and associated land swap.

XIII.          Noted the successful bid for Care and Specialist Supported Housing (CASSH) grant for the sheltered homes proposed on the Lexden Road Site and delegates authority to the Strategic Director of Housing and Environment to enter into the necessary grant agreement to secure the funding.

REASON FOR DECISION AND OPTIONS CONSIDERED:

Tranche 2 Delivery Programme

Ealing Council had set an ambitious target to deliver 4,000 genuinely affordable homes (GAH) by 2026. The BLRP Business Plan Tranche 2 Programme of sites, included within the GLA Affordable Homes Programme (AHP) 2016-2023, was approved by Cabinet in April 2022. However, due to a significant downturn in the economy, including increasing loan interest rates, major build cost inflation, and instability in the supply chains and development industry, the viability of schemes in Tranche 2 has been negatively impacted.

To address this, the Council and BLRP conducted  ...  view the full minutes text for item 11.

RESOLVED:

I.          Authorised the Interim Strategic Director, Corporate Resources to invite and evaluate tenders for a property insurance contract for a period of four years with the option to extend for up to two years to be funded from the existing revenue budget of £750,000 per annum within Finance.

II.          Delegated authority to the Interim Strategic Director, Corporate Resources upon completion of the tender process to award the contract to the most advantageous tenderer in line with the evaluation criteria if suitable tenders were received.

REASON FOR DECISION AND OPTIONS CONSIDERED:

The council maintains a variety of insurance policies, of which property is one.  This includes housing stock, commercial, environment, education, social services, and general properties.  The main objective of this procurement is to achieve value for money.

The current property insurers contract expires on 30September 2023. To ensure continued cover, it is necessary to carry out a procurement exercise for a new contract starting 1 October 2023 within the existing budget provision.

The route proposed is an Open procedure using the Find a Tender Service. Such a procedure will maximise the number of potential bidders.  As part of the options appraisal the use of frameworks were explored but were discounted primarily due to limiting potential bidders and all include a commission element.

It is proposed the decision will be based upon a weighting criterion of price 60% and quality 40%.  The quality criteria include added value, claims handling and assessment of policy cover.

A period of six (split into four plus two) years is proposed, in order to provide the insurer with a sufficiently lengthy commitment but with break options at year 4 allowing the Council to assess the service performance and determine the appropriateness of continuing the contract.

RESOLVED:

      I.          Authorised the Strategic Director of Economy and Sustainability to commission further design work for a mixed-use development at the Gurnell site based upon the ‘Optimised 1’ leisure brief and Site Arrangement 1, as described in the Feasibility Study and further informed by the optimised Site Strategy contained within the Feasibility Study Plus addendum to the Feasibility Study. Further authorised the Strategic Director of Economy and Sustainability, following consultation with the Portfolio Holders, to seek planning permission for a mixed-use proposal to include a new build replacement leisure centre with a suitable and planning compliant level of enabling residential development which is anticipated to be in the order of 200-300 units in total.

     II.          Agreed with the professional advice contained within the Feasibility Study included at Appendix 1 to this report, inclusive of

a.     a reuse appraisal, which evidences that the existing Leisure Centre building is unsuitable for refurbishment and is beyond economical repair;

b.     Further agrees that the existing Leisure Centre building should be demolished at the earliest opportunity on the basis of it having no continuing value or opportunity for reuse.

c.     Authorised the Strategic Director of Economy and Sustainability to take all steps to arrange for demolition of the building, including securing any necessary consents and undertaking a tender process to appoint a demolition contractor and to award a contract and instruct demolition works to proceed

   III.          Authorised the Strategic Director of Economy and Sustainability to commission a detailed analysis of procurement routes to realise a replacement scheme, considering appropriate routes to secure both leisure and residential elements of the proposal.

  IV.          Delegated authority to the Strategic Director of Economy and Sustainability, following consultation with the Portfolio Holders, to implement procurement processes and market engagement in line with the outcome of this analysis.

    V.          Agreed to expenditure of £2.5m for the activities described at recommendations 1.1 – 1.3 above to be funded from the existing capital programme; and

  VI.          Agreed that, subject to the proposals receiving planning permission and the successful conclusion of any procurement exercise(s), Cabinet will receive further recommendations on the next steps for the project, including an overall funding strategy informed through further market testing.

VII.          Agreed that the Council should continue to engage and consult via the Gurnell Sounding Board through the next phase of the project.

Recommendations for NOTING

      I.          Noted the summary of the outcome of the ‘gurnell – leisure for all’ online survey which sought views from the public on future plans for gurnell leisure centre, carried out between march and may 2022, and summarised at appendix 2 to this report.

     II.          Noted that a sounding board has been established for the gurnell leisure centre project which has met on several occasions throughout 2022 and which has informed the recommendations contained in this report. Noted the summary report with appendices as submitted by the independent chair of the sounding board for consideration by cabinet and contained at appendix 3 to this report.

   III.          Noted the findings of a  ...  view the full minutes text for item 13.

RESOLVED:

      I.          Approved the sale of the shares to Amber Infrastructure on the terms set out in confidential Appendix 1

     II.          Authorised the Strategic Director of Corporate Resources, following consultation with the Director of Legal and Democratic Services, to negotiate and complete all necessary documentation to achieve an effective sale to Amber Infrastructure of the Council’s stake in Future Ealing Phase 1 Limited.

Recommendations for NOTING

1.     Noted the consequences of selling the shares outlined in the report. 

REASON FOR DECISION AND OPTIONS CONSIDERED:

Future Ealing Phase 1 Limited (FEP1 Ltd _ Hold Co) was formed to develop the Dormers Wells School PFI – this school, which is a high school, has now converted to Academy status since the original arrangement was set up.  This PFI achieved financial close in December 2010. The Council has a 20% minority stake (18% direct and 2% via Future Ealing Limited – Lep Co-) in FEP1 Ltd. The majority shareholder, Amber Infrastructure, has offered to purchase the Council’s 20% stake in the company.

Under the BSF programme the commercial structure of the arrangements involved the set up for each phase of the programme. The arrangements provided for the Council to take a minority stake in the company and also indirectly through the Council’s shareholding in the LEP.         

The Council has appointed Asteros Advisors Limited, who were financial advisors that specialise in PFI contract financing and Bevan Brittan as legal advisors, to advise the Council on whether the financial valuation of the offer is appropriate and on the legal implications of the share sale.

RESOLVED:

      I.          Noted the feedback from the consultation on expanding Mandeville Special School by up to 24 places on a satellite at Oldfield Primary School and that the Governing Board of both schools, after reviewing the consultation feedback, have confirmed their desire to proceed with the proposal.

     II.          Authorised the Strategic Director for Children’s Servicesto publish the necessary Statutory Proposals and any further consultative documents required for the expansion of Mandeville Special school by way of a satellite site at Oldfield Primary.

   III.          Authorised the Strategic Director for Children’s Services to invite and evaluate tenders for the building contracts for the Mandeville Satellite at Oldfield Primary School.

  IV.          Noted that there will be a further report to Cabinet for determining the statutory proposal and award of contract.

    V.          Authorised the award of a contract in the sum of £1,331,708.08 to Oakland Building Services Ltd for the John Chilton School expansion on the Wood End Academy site Phase 1A building enabling works to be funded from the existing approved Schools SEN Expansion Programme budget, subject to approval by DfE of Wood End Primary’s application to DfE for John Chilton School’s extended use of the site.

REASON FOR DECISION AND OPTIONS CONSIDERED:

The decisions were required to enable the Council to progress to the next stage of the process for expanding special school provision to meet its statutory duty to secure sufficient school places. The Council has a statutory responsibility to promote high educational standards, ensure fair access to educational opportunity and promote the fulfilment of every child’s educational potential. The Council must also promote diversity and increase choice.

Cabinet authorised the Assistant Director Planning, Resources and Service Development to invite and evaluate tenders for the main works contracts, and any enabling works contracts, required for the provision of the John Chilton School on the Wood End Academy site, on 14^th September 2022.

Awarding the building contract for the John Chilton School on the Wood End Academy Phase 1A site works will allow the Council to carry out its statutory duty of providing sufficient school places.

RESOLVED:

      I.          Cabinet approved the implementation of the Council’s refreshed Male Violence Against Women and Girls strategy for the period 2023-2027.

Recommendations for NOTING

      I.          Cabinet noted the priorities highlighted within the strategy, along with the data analysis of national and local crime data, as well as the qualitative feedback received through the Safer Ealing for Women listening exercise in 2022.

REASON FOR DECISION AND OPTIONS CONSIDERED:

Ealing and the Safer Ealing Partnership were committed to making the borough a safer place to live, work, and visit for everybody. A key part of this commitment is in recognising and responding effectively to violence against women and girls.

The Council’s current plan also included a strong commitment in relation to MVAWG issues and sets out an ambitious approach to making women safer:

‘Continue to take tough action to prevent violence against women and girls, end female genital mutilation (FGM), and extend support through the Women’s Wellness Zone network established in the borough. We will also remain committed to enforcing our public space protection order at Mattock Lane, ensuring women have access to family planning free from intimidation, and we will also invest more than £1m in making public spaces safer and well lit.’

The UN defines violence against women and girls as:
Any act of gender-based violence that is directed at a woman because she is a woman or acts of violence that were suffered disproportionately by women. This included physical, sexual, and psychological/emotional violence, economic abuse, and sexual exploitation. Violence against women and girls can take place at home, at work, or in public places.

Male violence against women and girls was a health and human rights issue, which cuts across all areas of work in Ealing and has links with a number of local strategies, including our approach to health and wellbeing, education, Prevent and community safety. Ealing’s strategy is informed by the Government’s Tackling Violence Against Women and Girls Strategy and by the Mayor of London’s Violence Against Women and Girls (VAWG) Strategy, the work of the Mayor’s Office for Policing and Crime (MOPAC) and the Domestic Abuse Act (2021).

Ealing’s existing Violence Against Women and Girls Strategy was devised in 2015. This refreshed strategy reflects the developed knowledge by professionals working with victims and survivors as well as with perpetrators; it also reflects the changes in insight and understanding of the issues among the broader public and our residents.

The latest available data from the crime survey of England and Wales, Metropolitan Police, and organisations working with victims and survivors has been used to inform the refreshed strategy. In Ealing, this learning is additionally underpinned by the feedback from over 2,800 women and girls who took part in the Council’s listening exercise, A Safer Ealing for Women (SEfW) in early 2022.

The strategy had expanded to recognise misogyny, behaviours, and offences that were not explicitly identified in our previous strategy. Examples of this were the inclusion of stalking within the strategy, recognising the challenge posed  ...  view the full minutes text for item 16.

The date of the next meeting will be 29 March 2023.

The date of the next meeting will be 29 March 2023