Agenda, decisions and minutes

Members and co-opted Members of the Council are reminded that, in accordance with the Council’s Code of Conduct and the statutory provisions of the Localism Act, they are required to consider in advance of each meeting whether they have a disclosable pecuniary interest (DPI), an other registrable interest (ORI) or a non-registrable interest (NRI) in relation to any matter on the agenda. If advice is needed, Members should contact the Monitoring Officer in good time before the meeting.

If any Member or co-opted Member of the Council identifies a DPI or ORI which they have not already registered on the Council’s register of interests or which requires updating, they should complete the disclosure form which can be obtained from Democratic Services at any time, copies of which will be available at the meeting for return to the Monitoring Officer.

Members and co-opted Members are required to disclose any DPIs and ORIs at the meeting.

-      Where the matter relates to a DPI they may not participate in any discussion or vote on the matter and must not stay in the meeting unless granted a dispensation.

-      Where the matter relates to an ORI they may not vote on the matter unless granted a dispensation.

-      Where a Member or co-opted Member has an NRI which directly relates to their financial interest or wellbeing, or that of a relative or close associate, they must disclose the interest at the meeting, may not take part in any discussion or vote on the matter and must not stay in the meeting unless granted a dispensation. Where a matter affects the NRI of a Member or co-opted Member, section 9 of Appendix B of the Code of Conduct sets out the test which must be applied by the Member to decide whether disclosure is required.

The Chair will invite Members to make their disclosure orally at the commencement of Agenda item 3, to be recorded in the minutes.

There were no disclosures of interests received from Members.

To receive notice of any business not on the agenda which in the opinion of the Chair, by reason of special circumstances, be considered as a matter of urgency.

There were no items of urgent business.

The Executive Mayor announced that Agenda Item No.6 (Fees and Charges) stood deferred to the next meeting of the Cabinet, scheduled to be held on 14 September 2022.

Cabinet to consider the report addressing the recommendations that have been received from the Scrutiny and Overview Committee and its Sub-Committees since the last Cabinet meeting.

RESOLVED:

The Executive Mayor is asked to:

Receive the recommendations arising from the meetings of the Children & Young People Sub-Committee held on 9 March 2022 and the meeting of the Scrutiny & Overview Committee held on 27 April 2022 and to provide a substantive response within two months (i.e. at the next available Cabinet meeting on 14 September 2022.

Cabinet considered a report, which detailed recommendations that had been received from the Scrutiny and Overview Committee and its Sub-Committees since the last Cabinet meeting (Appendix A). 

It was reported that the recommendation from the Children and Young People Sub-Committee meeting held on 9 March 2022, were related to the findings of a Task and Finish Group of the Sub-Committee, which had conducted a review on the removal from roll and off-rolling of pupils in Croydon’s Schools.

A copy of the Task and Finish Group report was attached at Appendix B to provide Members with context for the recommendations received.

It was noted that the Constitution required that an interim or full response be provided within two months from the date of this meeting of the Cabinet.

The Executive Mayor had the power to make the decisions set out in the recommendations contained within the report.

RESOLVED:

The Executive Mayor noted the recommendations and agreed that Cabinet would provide a substantive response to these at the next meeting of the Cabinet, scheduled to be held on 14 September 2022.

Cabinet to consider a report of the Council’s financial position.

RESOLVED:

1.     The launch of the Executive Mayor’s initiative to ‘Open the Books’ of the Council.

2.     A report on the results of the ‘Open the Books’ review would be reported to Cabinet no later than January 2023.

3.     The General Fund was projecting a £18.3m service overspend at the end of Period 1 for 2022/23, but that £9.4m of in-year risk and contingency provisions were held corporately that may be used to partially offset that forecast and reduce the projected overspend to £8.9m.

4.     That in-year savings would need to be identified for the General Fund to offset the projected overspend of £8.9m to deliver a balanced budget by 31 March 2023.

5.     That the budget gap for 2023/24 had initially been identified as £27.4m plus a further £8.7m in the following year but that these gaps have risen to £42.9m and £15.7m respectively based on current known pressures.

6.     That further work would be done over the year to identify significant savings to balance the gap in 2023/24 and reduce the gaps in the later years.

7.     The timetable for both financial reporting and developing the Budget and Medium-Term Financial Strategy for 2023/24-2025/26.

8.     That an allocation of up to £500k would be made from contingency for project support and external specialist advice for the Opening the Books project, in order to undertake a review of its balance sheet, review its capital financing arrangements, oversee the application of the capitalisation directions, undertake a range of reconciliations and review the financial relationships with the Council’s companies.

9.     The Housing Revenue Account (HRA) was not projecting a revenue budget variance at the end of Period 1.

Cabinet considered a report, which launched the next stage in providing a step change improvement in transparency in relation to the Council’s finances, which was the Executive Mayor’s initiative to ‘Open the Books’ of the Council.

It was reported that the Council’s finances would be scrutinised over the next six months through a review of its balance sheet, its capital financing arrangements, all reconciliations and the financial relationships with the Council’s companies.

It was noted that this project would provide a firm base position from which to achieve financial sustainability by 2024/25, in line with the plan reviewed by the Improvement and Assurance Panel, which had been established by the Department of Levelling Up, Housing and Communities to oversee Croydon’s recovery.

It was further reported that the ‘Opening the Books’ review would further improve the Council’s understanding of its financial risks and would develop additional plans to mitigate them.  It was noted that these plans would contribute to the next stage in the development of the Council’s Medium-Term Financial Strategy.

The Executive Mayor said that this exercise would help the Council to be sure that it knew the true shape and scale of the financial mess, which had been left to his Administration to mend.

RESOLVED that the following be noted:

1.            The launch of the Executive Mayor’s initiative to ‘Open the Books’ of the

Council.

2.            A report on the results of the ‘Open the Books’ review would be reported to Cabinet no later than January 2023.

3.            The General Fund was projecting a £18.3m service overspend at the end of Period 1 for 2022/23, but that £9.4m of in-year risk and contingency provisions were held corporately that may be used to partially offset that forecast and reduce the projected overspend to £8.9m.

4.            That in-year savings would need to be identified for the General Fund to offset the projected overspend of £8.9m to deliver a balanced budget by 31 March 2023.

5.            That the budget gap for 2023/24 had initially been identified as £27.4m plus a further £8.7m in the following year but that these gaps have risen to £42.9m and £15.7m respectively based on current known pressures.

6.            That further work would be done over the year to identify significant savings to balance the gap in 2023/24 and reduce the gaps in the later years.

7.            The timetable for both financial reporting and developing the Budget and Medium-Term Financial Strategy for 2023/24-2025/26.

8.            That an allocation of up to £500k would be made from contingency for project support and external specialist advice for the Opening the Books project, in order to undertake a review of its balance sheet, review its capital financing arrangements, oversee the application of the capitalisation directions, undertake a range of reconciliations and review the financial relationships with the Council’s companies.

9.            The Housing Revenue Account (HRA) was not projecting a revenue budget variance at the end of Period 1.

Cabinet to consider report that requests approval by Cabinet to changes to fees and charges that are made in respect of good and services supplied by the Council to the extent that these fall within the authority of the Executive to determine.

In accordance with Minute No.35/22 above (Order of Business), this matter stood deferred until the next meeting of the Cabinet, scheduled to be held on 14 September 2022.

Cabinet to consider a report of the re-opening of Purley Pool and Leisure Centre.

RESOLVED:

The Mayor in Cabinet, is recommended to:

1.     Commission an independent report into the different options available for a swift, cost-effective re-opening of Purley Pool and Leisure Centre.

2.     Note that the recommendations on how best to reopen Purley Pool and Leisure, along with funding and timescales, shall be reported to the Executive Mayor in Cabinet as soon as possible after the independent options report is complete.

Cabinet considered a report, which outlined the different methods the Council could take to reopen Purley Pool and Leisure Centre.

It was reported that Purley Pool and Leisure Centre was currently closed following a decision made by the previous administration and the closure was reaffirmed by the previous Cabinet when, at its meeting held on 24 January 2022, it confirmed that the facility would not be reopened.

Since his election to office in May 2022, the Executive Mayor had committed to re-opening the closed facility and had asked officers to how this could be achieved as soon as possible and with the best use of

public money.

It was reported that an independent assessment by professional specialists in leisure and swimming facilities was needed in order for budgets to be assigned, and a detailed timeline of the refurbishment and rebuilding confirmed.

It was noted that a follow-up report would be presented to the Executive Mayor in Cabinet with recommendations on the best way to reopen a pool and leisure facility in Purley swiftly and cost effectively.  It was further noted that once such recommendations had been agreed, the Council would begin work to deliver the pool and leisure facility.

The Executive mayor reaffirmed his commitment to reopening Purley Pool and Leisure Centre as soon as was possible, for all the community to enjoy.

Accordingly, it was RESOLVED that:

1.            An independent report be commissioned into the different options available for a swift, cost-effective reopening of Purley Pool and Leisure Centre.

2.            The recommendations on how best to reopen Purley Pool and Leisure Centre, along with funding and timescales, being reported to the Executive Mayor in Cabinet as soon as possible after the independent options report was complete, be noted.

Cabinet to consider a report updating on the proposed strengthening of the Housing Improvement Plan in response to the Housing Improvement Board’s March 2022 report and Executive Mayor Perry’s mandate to strengthen the Plan.

RESOLVED:

1.     Note and agree to the review and strengthening of the Housing Improvement Plan

2.     Note and agree the proposed next steps to strengthen the Housing Improvement Plan

Cabinet considered a report, which provided an update on the proposed strengthening of the Council’s Housing Improvement Plan in response to the Housing Improvement Board’s March 2022 report and Executive Mayor Perry’s mandate to strengthen the Plan.

It was reported that, following the coverage of poor housing conditions at Regina Road, the Council’s previous administration had committed to the creation of the Housing Improvement Board and the development and implementation of the Housing Improvement Plan in May 2021.

The then Cabinet had agreed that the purpose of the Plan would be to address the failings of the housing service highlighted in the ARK Consultancy Investigation into Conditions at 1-87 Regina Road, South Norwood.

It was noted that, since July 2021, the Council’s Housing Service had developed and begun to deliver the Housing Improvement Plan, however, improvements to the Council’s housing service had since remained a concern of the Government-appointed Improvement and Assurance Panel in that the housing directorate’s improvement planning must provide a path to compliance with the Regulator for Social Housing’s Home Standard and Tenant Involvement and Empowerment Standard.

It was further noted that, in March 2022, the Council’s previous administration had agreed the content of the Plan and had delegated authority to further amend the Plan to the Corporate Director for Housing, in consultation with the Cabinet Member for Homes.

The Executive Mayor said that he looked forward to seeing real improvements in the Council’s Housing Service, improved relationships with residents and key partners and treating the Borough’s residents with respect.

Accordingly, the Executive Mayor in Cabinet RESOLVED to note and agree:

1.            The review and strengthening of the Housing Improvement Plan.

2.            The proposed next steps to strengthen the Housing Improvement Plan.

Cabinet to consider a report of the progression of a Public Space Protection Order (PSPO) in Croydon Town Centre.

RESOLVED:

1.     To note the contents of the report and the process for implementing a Public Spaces Protection Order (PSPO) in the priority neighbourhoods

2.     To authorise consultation with members of the public and partners on implementing a PSPO in the Town Centre and surrounding areas

3.     To receive further reports on proposed PSPOs for other hotspot areas, including New Addington, following the Crime and Disorder Strategic Needs Assessment later in 2022

Cabinet considered a report, which sought the Executive Mayor’s approval to authorise consultation with members of the public and partners on implementing a PSPO in the Town Centre and surrounding areas.

It was reported that, on 20 October 2014, the Antisocial Behaviour Crime and Policing Act 2014 had come into force and introduced several tools and powers for use by local authorities and the police to address antisocial behaviour (ASB) in their local areas.  These tools, which replaced and streamlined a number of previous measures, had been brought in as part of a government commitment to put victims at the centre of approaches to tackling ASB, which focussed on the impact behaviour could have on both communities and individuals, particularly on the most vulnerable.  

It was noted that the Act had introduced the powers available to the police and local authorities to deal with antisocial behaviour, which included the use of Public Space Protection Orders (PSPO).

It was further reported that, on 18 December 2017, Croydon had implemented a PSPO that covered the Town Centre and had remained in force for a period of three years.  The PSPO had been used by members of the Safer Croydon Partnership to tackle antisocial behaviour and street drinking in the Town Centre.

It was noted that the original PSPO  had lapsed in 2020 due to a perceived reduction in ASB and a lack of recorded evidence that it was being used at the time.

Following his election to office, the Executive Mayor had committed to working with the Police to tackle Crime and Disorder across the Borough, it was proposed that a consultation be undertaken on bringing this PSPO back into effect across a wider area than before, which would provide another tool for Police and Council Officers to make the Borough’s public spaces free from antisocial behaviour and to stop ongoing harassment and disorder.

The PSPO was one part of the Council’s wider plan to make Croydon’s Town Centre safer and more welcoming as part of the Mayor’s commitment to tackling crime and disorder in Croydon and supporting the Police in their work in Croydon.

Accordingly, the Executive Mayor in Cabinet RESOLVED to:

1.            Note the contents of the report and the process for implementing a Public Spaces Protection Order (PSPO) in the priority neighbourhoods

2.            Authorise consultation with members of the public and partners on implementing a PSPO in the Town Centre and surrounding areas

3.            Receive further reports on proposed PSPOs for other hotspot areas, including New Addington, following the Crime and Disorder Strategic Needs Assessment later in 2022.

Cabinet to consider a report of Croydon’s Levelling Up Fund bid which aims to realise long term held ambitions to actualise infrastructure investment, regeneration and placemaking in the town centre.

RESOLVED:

The Executive Mayor, in Cabinet, is recommended to:

I.                 Note the submission of a Croydon Levelling Up Fund bid, following the announcement of Round 2 on 23 March 2022. The outcome of the bid will be reported directly to the Executive Mayor when announced.

II.               Subject to a successful bid, agree to delegate authority to the Corporate Director of Sustainable Communities, Regeneration & Economic Recovery to enter into any relevant funding agreement with the Government, in consultation with the Director of Legal Services and Croydon’s Section 151 Officer

III.             Subject to a successful bid, agree to the implementation of all projects within the Levelling Up Fund programme as summarised in item 3 and Appendix 1.

IV.            Note that the implementation of projects will be subject to the Council’s assurance framework, including the Growth Zone Board and approved by the Corporate Director for Sustainable Communities, Regeneration and Economic Recovery in consultation with the Croydon’s Executive Mayor, Council’s S151 Officer and the Corporate Management Team.

Cabinet considered a report, which summarised Croydon’s Levelling Up Fund bid that was submitted on 6 July 2022 and which aimed to realise long-term held ambitions to actualise infrastructure investment, regeneration and placemaking in the town centre.

It was reported that Croydon’s Levelling Up Fund bid sought to bring external funding that would deliver infrastructure investment that would help in the wider regeneration of Croydon’s Town Centre (this supported the Executive Mayor’s manifesto commitment to put the Town Centre development back on track, and to bring in much needed investment to provide a mixed use of jobs, homes, retail, education and culture.)

It was recognised that Croydon Town Centre continued to face one of the most challenging periods in its economic history and, despite Croydon’s many strengths, the impact of COVID-19 (coronavirus) and the national decline in retail destination shopping, had contributed towards a failure to deliver major redevelopments like that proposed for the Whitgift Centre and had led to a decline in footfall and resident satisfaction in the Town Centre.  

The report highlighted a need to secure investment in the Town Centre, which would realise long-term held ambitions to create a vibrant town centre that matched the needs of Croydon residents and businesses.

The Executive Mayor acknowledged that the Levelling Up Fund was a great opportunity to bring in funding for Croydon Town Centre and had a wealth of support behind it from the Borough’s business community.  He encouraged all Members across the Chamber to get behind the plans.

The Executive Mayor in Cabinet RESOLVED that:

1.            The submission of a Croydon Levelling Up Fund bid, following the announcement of Round 2 on 23 March 2022, be noted (the outcome of the bid would be reported directly to the Executive Mayor when announced.)

2.            Subject to a successful bid, the Corporate Director of Sustainable Communities, Regeneration and Economic Recovery be authorised to enter into any relevant funding agreement with the Government, in consultation with the Director of Legal Services and Croydon’s Section 151 Officer.

3.            Subject to a successful bid, the implementation of all projects within the Levelling Up Fund programme as summarised in item 3 and Appendix 1, be agreed.

4.            The implementation of projects would be subject to the Council’s assurance framework, including the Growth Zone Board and approved by the Corporate Director for Sustainable Communities, Regeneration and Economic Recovery, in consultation with Croydon’s Executive Mayor, the Council’s S151 Officer and the Corporate Management Team.

Cabinet to consider a report of the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) - Boundary Change and Adoption of Supplementary Planning Document.

RESOLVED:

The Executive Mayor in Cabinet is recommended to:

1.1  Note the Consultation Statement for the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) (Appendix 2), including the list of comments, responses and (where applicable) amendments at Appendix 1.

1.2  Recommend Council adopt the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) 2022 (Appendix 2) as a Supplementary Planning Document in accordance with The Town and Country Planning (Local Planning) (England) Regulations 2012, particularly regulation 14; and,

1.3  Recommend to Council changes to the South Norwood Conservation Area boundary as set out in this report and in the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) (Appendix 2); and,

1.4  Recommend to Council revocation of South Norwood Conservation Area Appraisal and Management Plan (CAAMP) 2007 (Appendix 3) in accordance with The Town and Country Planning (Local Planning) (England) Regulations 2012, particularly regulation 15(3).

1.5  Delegate to the Director of Planning and Sustainable Regeneration, following consultation with the Cabinet Member for Planning & Regeneration, the making of minor factual, editorial and image changes to the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) (Appendix 2) prior to adoption.

Cabinet considered a report, which highlighted that the Planning (Listed Buildings and Conservation Areas) Act 1990, National Planning Policy Framework, the London Plan 2021 and Local Planning Policy required Local Authorities to consider designating areas of architectural and historic interest as conservation areas, and to preserve and enhance those areas through identifying their special characteristics and outlining how these could be managed for the future.  In addition, Historic England recommended that every conservation area had its own Conservation Area Appraisal and Management Plan (CAAMP).

It was reported that Croydon Council was in the process of producing or updating CAAMPs for all 21 conservation areas currently designated in Croydon.  The existing CAAMP for South Norwood had been adopted in 2007 and was considered dated as it did not reflect the current condition of the area nor provide sufficient guidance to preserve and enhance its special character.

It was noted that the new South Norwood CAAMP would provide an up-to-date assessment of the area and detailed guidance relating to the management of South Norwood in line with current best practice.

It was further reported that South Norwood Conservation Area was on Historic England’s Heritage at Risk register because of its current poor condition. The area had been selected, in 2020, as one of Historic England’s High Street Heritage Action Zones (HSHAZ) – a grant funded scheme that sought to reinforce the High Street as the vibrant commercial, community and cultural heart of South Norwood through celebrating local heritage and improving the area's physical appearance.  The South Norwood CAAMP was a key part of the HSHAZ programme and production of the CAAMP by heritage consultants Place Services had been funded through the HSHAZ.

The updated CAAMP was an important measure to address the risks to the conservation area and it would support delivery of the rest of the HSHAZ programme, which would build on the findings and recommendations in the CAAMP.

The Executive Mayor said it was important to preserve and enhance the Borough’s conservation areas and the recommendations in the report were an important tool in protecting the character of Croydon’s conservation areas.

Accordingly, the Executive Mayor in Cabinet RESOLVED that:

1.            The Consultation Statement for the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) (Appendix 2), including the list of comments, responses and (where applicable) amendments at Appendix 1, noted.

2.            COUNCIL be RECOMMENDED to adopt the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) 2022 (Appendix 2) as a Supplementary Planning Document in accordance with The Town and Country Planning (Local Planning) (England) Regulations 2012, particularly regulation 14.

3.            COUNCIL be RECOMMENDED to agree changes to the South Norwood Conservation Area boundary as set out in this report and in the South Norwood Conservation Area Appraisal and Management Plan (CAAMP) (Appendix 2); and,

4.            COUNCIL be RECOMMENDED to revoke South Norwood Conservation Area Appraisal and Management Plan (CAAMP) 2007 (Appendix 3) in accordance with The Town and Country Planning (Local Planning) (England) Regulations 2012, particularly regulation 15(3).

5.  ...  view the full minutes text for item 43/22

Cabinet to consider a report that sets out the proposed procurement strategy for the recommissioning of care and support provision at three Croydon residential and nursing homes - Heavers Court, Langley Oaks, and Addington Heights – and at one extra care facility – Fellows Court.

RESOLVED:

The Executive Mayor, in Cabinet, is recommended to:

Approve the commissioning intentions and procurement strategy detailed in this report for the recommissioning of residential and nursing care provision in Addington Heights, Heavers Court and Langley Oaks and extra care provision at Fellows Court, for a period of 5 years with an option to extend for up to 10 years in two 5 year periods for a maximum estimated value of £113,455,000.

Cabinet considered a report, which set out the proposed procurement strategy for the recommissioning of care and support provision at three Croydon residential and nursing homes - Heavers Court, Langley Oaks, and Addington Heights – and at one extra care facility at Fellows Court. 

It was reported that three of the sites were owned by the London Borough of Croydon pursuant to a PFI contract which concluded in 2038, at which point would be returned to full ownership of the Council.  It was noted that there was the option to own the remaining site if a final payment was made at the end of the contract term (the PFI contract was separate to the care and support contract.)

It was further reported that the current nursing and residential care and support contract was due to end in March 2023 with initial demand and capacity analysis indicating additional nursing, support for challenging behaviour, and intermediate care bed-based capacity was required due to supply issues in the external market.

The approved contract term for the extra care provision ended in May 2021 and there was a gap in the audit trail regarding extension following this date. The incumbent provider had continued to deliver and had engaged with the commissioning team recently to discuss future plans.

In addition to the care and support recommissioning, it was noted that a review was currently underway of the contractual arrangements in relation to the PFI provision to ensure the London Borough of Croydon was maximising it’s investment and that it was delivering the best outcomes for the people of Croydon.

The Executive Mayor said that, having committed to putting the service users at the heart of the Council’s policy making, he was pleased to note that Council colleagues were listening to residents, friends and families and seeking the views of the homes’ residents throughout the re-procurement process.

Accordingly, the Executive Mayor in Cabinet, RESOLVED to approve the commissioning intentions and procurement strategy detailed in the report for the recommissioning of residential and nursing care provision in Addington Heights, Heavers Court and Langley Oaks and extra care provision at Fellows Court, for a period of 5 years with an option to extend for up to 10 years in two 5 year periods for a maximum estimated value of £113,455,000.

Cabinet to consider the Investing in our Borough report.

RESOLVED:

The Executive Mayor is requested to note:

1.1.1.    Revenue and capital consequences of contract award decisions taken by the Executive Mayor as set out in section 5.2.1

1.1.2.    Delegated decisions made by the Director of Commercial Investment for procurement strategies up to £5 million, contract awards between £177,898 and £500,000 and contract extension(s) previously approved as part of the original contract award and contract variations as set out in section 5.3.1

Cabinet considered a standing report, which was presented for information, at every scheduled Cabinet meeting to update Members on any contract decisions that had been taken since the last Cabinet meeting.

Cabinet noted that the decisions listed in 5.3.2 to the report, had been initiated under the previous administration.

The Executive Mayor in Cabinet RESOLVED to note:

1.            The revenue and capital consequences of contract award decisions taken by the Executive Mayor, as set out in Section 5.2.1 to the report.

2.            The delegated decisions made by the Director of Commercial Investment for procurement strategies up to £5 million, contract awards between £177,898 and £500,000 and contract extension(s) previously approved as part of the original contract award and contract variations as set out in Section 5.3.1 to the report.

The following motion is to be moved and seconded where it is proposed to exclude the press and public from the remainder of a meeting:

“That, under Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information falling within those paragraphs indicated in Part 1 of Schedule 12A of the Local Government Act 1972, as amended.”

The motion to exclude any members of the press and public was not required.