Decisions

As set out in the Part A report.

PART A RECOMMENDATIONS:

The Cabinet Member for Children, Young People & Learning in consultation with the Cabinet Member for Resources & Financial Governance is recommended by the Contracts and Commissioning Board to approve the following:

1. The establishment of, and initial appointment of suppliers listed in Part B of this report to, DPS 3 Lot 3 (Young People’s Services) of the Adult and Young People Social Care DPS for a period of five years with an extension option for five subsequent periods each of one year, the spend levels would be:

·        £80m possible spend through DPS 3 lot 3 across 10 years for any budget in the council or the CCG.

·        A budgeted £2.89m from the Children’s Social Care semi-independent budget for Children Looked After and Care Leavers; which under S114 we are duty bound to commit to.

·        In the context that as the budget is needs and demand led, that pressures outside of this procurement exercise affect spend – in 2019/20 the spend was £7m against £3.5m. The strategy of how we aim to reduce and control potential overspend is discussed in section 3.9 to 3.11 of the report.

·        This potential overspend pressure has been flagged with the S151 officer. There is a growth bid in for Children’s and Adult’s placements to mitigate overspend, and bring the budget to a correct allocated amount; however it is fully recognised that the service needs to do everything possible to drive down cost.

2. Delegation of the award of contracts and placements called off under DPS 3 Lot 3 to be approved in accordance with the Council’s Scheme of Financial Delegations and notified to Cabinet in accordance with paragraph 2.4 of the report.

3. Delegation of the future appointment of providers to DPS 3 Lot 3 to be approved by the Executive Director of Children, Families and Education in accordance with paragraph 2.4 of the report.

RESOLVED: To approve

1.     The establishment of, and initial appointment of suppliers listed in Part B of this report to, DPS 3 Lot 3 (Young People’s Services) of the Adult and Young People Social Care DPS for a period of five years with an extension option for five subsequent periods each of one year, the spend levels would be:

·        £80m possible spend through DPS 3 lot 3 across 10 years for any budget in the council or the CCG.

·        A budgeted £2.89m from the Children’s Social Care semi-independent budget for Children Looked After and Care Leavers; which under S114 we are duty bound to commit to.

·        In the context that as the budget is needs and demand led, that pressures outside of this procurement exercise affect spend – in 2019/20 the spend was £7m against £3.5m. The strategy of how we aim to reduce and control potential overspend is discussed in section 3.9 to 3.11 of the report.

·        This potential overspend pressure has been flagged with the S151 officer. There is a growth bid in for Children’s and Adult’s placements to mitigate overspend, and bring the budget to a correct allocated amount; however it is fully recognised that the service needs to do everything possible to drive down cost.

2.     Delegation of the award of contracts and placements called off under DPS 3 Lot 3 to be approved in accordance with the Council’s Scheme of Financial Delegations and notified to Cabinet in accordance with paragraph 2.4 of the report.

3.     Delegation of the future appointment of providers to DPS 3 Lot 3 to be approved by the Executive Director of Children, Families and Education in accordance with paragraph 2.4 of the report.

RESOLVED: To approve the direct award of contract to Elliott Group Ltd for the delivery of a 2 classroom modular building in accordance with NHS framework agreement for a maximum contract value of £669,807.49 (inclusive of a 4.7% contingency), which will be on a leased basis for a maximum period of 3 years (36 months) after which the Council have elected for the option to purchase.

RESOLVED:  To approve an extension by way of contract variation of the Liquid Logic systems implementation partner contract provided by Albany Beck Consultancy Services Limited, for an additional term of up to one year for a maximum additional cost of £85,000 resulting in a maximum aggregate value of £1,546,910 in accordance with Regulation 30 of the Council’s Tenders and Contracts

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the procurement strategy detailed in the report for an open procurement process to be undertaken in order to appoint a single provider in respect of:

            Lot 1 cleaning services to a maximum budgeted value of £12,040,817.25

            Lot 2 security services to a maximum budgeted value of £7,043,804.40

For a proposed contract term of 4 years with options to extend for two 1 year extension periods (1+1).

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the Corporate Cleaning and Security procurement strategy which will result in contract awards for a maximum term of 6 years as set out at agenda item 6a, and section 5.1.1 of the report.

RESOLVED: To note

1.    The delegated award decisions for contracts over £5,000,000 in value made by the nominated Cabinet Member in consultation with the Cabinet Member for Resources & Financial Governance or, where the nominated Cabinet Member is the Cabinet Member for Resources & Financial Governance in consultation with the Leader since the last meeting of Cabinet, as set out in section 5.2.1 of the report.

2.    The contracts between £500,000 and £5,000,000 anticipated to be awarded under delegated authority from the Leader by the nominated Cabinet Member, in consultation with the Cabinet Member for Resources and Financial Governance and with the Leader in certain circumstances, before the next meeting of Cabinet, as set out in section 5.2.2 of the report.

3.    The list of delegated award decisions made by theDirector of Commissioning and Procurement, between 18/12/2020 – 25/01/2021, as set out in section 5.2.3 of the report.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To recommend to Full Council

1.            The Treasury Management Strategy Statement 2021/2022 as set out in this report including the recommendations:

1.1.That the Council takes up borrowing requirements as set out in paragraph 4.12 of the report.

1.2.That for the reasons detailed in paragraph 4.17 of the report, opportunities for debt rescheduling are reviewed throughout the year by the Director of Finance, Investment and Risk (S151 Officer) and that they be given delegated authority, in consultation with the Cabinet Member for Resources & Financial Governance and Deputy Leader (Statutory) and Cabinet Member for Croydon Renewal in conjunction with the Council’s independent treasury advisers, to undertake such rescheduling only if revenue savings or additional cost avoidance can be achieved at minimal risk in line with organisational considerations and with regard to the Housing Revenue Account (HRA) as set out in the Council’s Medium Term Financial Strategy 2020/2024.

1.3.That delegated authority be given to the Director of Finance, Investment and Risk (S151 Officer), in consultation with the Cabinet Member for Finance and Resources, to make any necessary decisions to protect the Council’s financial position in light of market changes or investment risk exposure.

2.            That the Council adopts the Annual Investment Strategy as set out in paragraphs 4.19 and 4.20 of the report.

3.            That the Authorised Limit (required by Section 3 of the Local Government Act 2003) as set out in paragraph 4.13 of the report and as detailed in  Appendix C of the report be as follows:

  2021/2022              2022/2023                 2023/2024

£2,037.804m          £2,090.958m            £2,134.928m

4.            That the Council approve the Prudential Indicators as set out in Appendix C of the report.

5.            That the Annual Minimum Revenue Provision Policy Statement (required by the Local Authorities (Capital Financing and Accounting) (England) (Amendment) Regulations 2008SI 2008/414) as set out in Appendix D of the report be approved.

6.            That the Council’s authorised counterparty lending list as at 31^st December 2020 as set out in Appendix E of the report and the rating criteria set for inclusion onto this list be approved.

7.            That the Council adopts the Capital Strategy Statement set out below in section 3 of the report.

8.            That in the event of the Council receiving a Capitalisation direction that requires amendments to any part of the statements, strategies or policies contained in this report that the statutory Chief finance officer (Section 151 officer) be authorised to implement those changes and to report them to the next meeting of the Cabinet and council.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.    Note the current general fund revenue outturn forecast at the end of the quarter 3 of 2020/21 of £64.7m overspend, after the inclusion of both anticipated and received Covid19 funding from the MHCLG of £41.9m;

2.    Note that there are a number of risks totalling £31.8m that could materialise which would see the variance increase further. These are within services due to the current pandemic, potential impact from finalisation of the 2019/20 accounts and in relation to groups structures particularly around interest income from Brick by Brick. Should all of these risks crystalise the total forecast overspend would increase to £96.5m by the year end.

3.    Note the details of the monthly Covid19 impact submissions being made to the MHCLG and the details of the financial support that is available to the council in light of Covid19 as outlined in section 6 of the report.

4.    Note the work being undertaken by the Spending Control Panel and Finance Review Panel to reduce the overspend this financial year.

5.    Note the HRA revenue position of a £0.5m forecast overspend against budget.

6.    Note the revised capital outturn projection of £187m for the general fund and HRA is forecast to be an underspend of £117m against the revised budget.

This report was deferred to the Cabinet meeting on 8 March 2021.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To Receive the recommendations arising from meetings of the Children & Young People Sub-Committee held on 19 January 2021 and Scrutiny & Overview Committee held on 4 & 9 February, and to provide a substantive response within two months (i.e. at the next available Cabinet meeting on 22 March 2021.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Note the grounds for referral made by the Scrutiny & Overview Committee on the Emission-based Parking Charges key decision.

2.     Agree that:

1)    Parking charges across the Borough are increased in line with the recommendations made in

Key Decision No.: 5120ETR - Parking charges review January 2021

Key Decision No.: 0220PL - EMISSION-BASED PARKING CHARGES

2)    That where current free parking bays exist across the Borough that these remain free for the current time and that to note that a report will be submitted to the Traffic Management Advisory Committee that will explore the options available to achieve the policy outcomes required within the Parking Policy.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the response and action plans attached to the report at Appendix A and that these be reported to the Scrutiny and Overview Committee or relevant Sub-Committees.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To note the contents of the report and to recognise the work of staff in schools to support Croydon’s children and young people.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Refer the adoption of the Equalities Strategy to Full Council with a recommendation for approval.

2.     Refer the adoption of the new Equalities Objectives to Full Council with a recommendation for approval.

3.     Note the engagement and consultation that has been undertaken to develop this strategy and supporting action plan to deliver its key priorities. Its content is applicable across the borough and is intended to benefit all our staff, residents and communities and thereby all who live and/or work in the borough, or working directly with Croydon’s residents and communities.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Approve the Interim Asset Disposal Strategy

2.     Approve the proposed list of assets for disposal and to progress the marketing of the initial tranche of asset disposals as set out in appendix 3 of Part B of the report including specific approvals for:

                                          i.     Valuation fees for the proposed disposals

                                         ii.     Other cost of sales budgetary requirements as included in appendix 3 of the report.

3.     Approve the proposed approach for the disposal and marketing of the Croydon Park Hotel as detailed in section 8 of the Part A report

4.     Note the requirement for additional resource to successfully manage and achieve this major project.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To approve the recommendations set out in Part A (min ref. 19/21).

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To review the Rent-Setting Policy for Council Homes within the Housing Revenue Account (“The Policy”), at appendix 1 of the report and as detailed within the report and recommend to Full Council the adoption of this policy in accordance with Article 4.02 of Part 2 of the Constitution.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Note the updates provided in the report in relation to the Croydon Renewal Improvement Plan;

2.     Note the report of the MHCLG Rapid Review team, and the Council’s response to the recommendations and milestones;

3.     Undertake further stakeholder engagement to develop a Community Panel, with the purpose of supporting openness and transparency of the Council’s delivery against the Croydon Renewal Improvement Plan, with proposed membership and terms of reference reported back to Cabinet in March 2021 for approval; and

4.     In recognition of the MHCLG appointed Improvement & Assurance Panel, implementation of the Croydon External Improvement Board be paused and reviewed in July 2021.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.     Approve the Interim Asset Disposal Strategy and note the first tranche of proposed sales which is set out in appendix A of the report

2.     Approve the proposed list of assets for disposal and to progress the marketing of the initial tranche of asset disposals as set out in appendix 3 of Part B of the report including specific approvals for:

                            i.     Valuation fees for the proposed disposals

                           ii.     Other cost of sales budgetary requirements as included in appendix 3 of the report.

3.     Approve the proposed approach for the disposal and marketing of the Croydon Park Hotel as detailed in section 8 of the report.

4.     Note the requirement for additional resource to successfully manage and achieve this major project.

The Leader of the Council delegated authority to the Cabinet to make the following decisions:

RESOLVED: To

1.    Consider the PwC report including recommendations at Appendix 1 of the Part B agenda and the options set out in this report; agree to proceed with the option set out as scenario 2 of that report, which is a build out of sites by Brick by Brick combined with a sale of sites under construction whilst still considering the option of a sale of the business, with a further report to Cabinet in April / May 2021.

               i.        Note that, with any option, there will be further costs/resourcing (in particular the sale of the business option, in order to ensure the proper advice is obtained regarding valuation, legal and financial implications) and some write off of the Council’s investment (as further explained in the Part B report)

2.    Agree that revised funding arrangements be entered into with Brick by Brick to reflect the current loan positions and proposals for the future, including, where relevant, moving to a 100% debt funding position (as opposed to 25% equity and 75% debt); extending relevant loans and repayment periods; allowing  delays with repayments of existing loans; agreeing to further funding of no more than £9.99 million in relation to sites proposed for Brick by Brick to continue developing (and only where absolutely necessary within an appropriate repayment period), and:

                 i.       Agree that the Interim Chief Executive be given delegated authority to finalise and agree the terms of new/varied funding agreements to be entered into between the Council and Brick by Brick in consultation with the Section 151 Officer and Monitoring Officer and in consultation with the Leader, Deputy Leader and Cabinet Member for Resources and Financial Governance.

               ii.       Note the progress of the loan agreement review (recommendation 19 of the Report in the Public Interest), as detailed in paragraphs 3.13-3.15 of this report.

              iii.       Note the advice at paragraph within the Part B paper regarding the legal implications of these proposed revised funding arrangements.

              iv.       Agree, where practically possible, to apply all funds being received from Brick by Brick first to the accrued interest and any subsequent funding will be used to pay back the principle loans

3.    Agree for the necessary steps to be taken, in accordance with the Council’s Tenders and Contracts Regulations, to appoint marketing agents to consider the disposal options for the College Green site (note, this is the site adjacent to Fairfield Halls which was due to transfer to Brick by Brick, but is currently held by the Council); the outcome of this options appraisal shall be reported back to Cabinet in accordance with the Council’s governance processes.

4.    Agree for the Council to review those sites Brick by Brick propose not to develop, as identified in Appendix 4, and to receive a future report to Cabinet on the potential use and future of each site (note, these are sites that had originally been intended to be transferred to Brick by Brick but are still held by the Council).

5.    Agree that the plans to transfer the four sites identified in Appendix 4 from the Council to Brick by Brick proceed and, note, these sites will then be dealt with in accordance with recommendation 1.9 below.

6.    Approve that the Council’s Housing Revenue Account (HRA) can acquire residential units from Brick by Brick as part of this review and note that the concurrent  report to Cabinet regarding the arrangements for the future development of social housing within the Housing Revenue Account business plan will include Brick By Brick developments sites as potential development options. The acquisition and development will be subject to a review of affordability and HRA revenue implications.

The Cabinet, on behalf of the Council, exercising its functions as sole shareholder of Brick By Brick Croydon Ltd, is recommended to:

7.    Agree that Brick by Brick continue to build out those schemes currently on site and due to complete by October 2021 (as identified in Appendix 2)

8.    Agree that, in the event risks arise which affect timely completion of those sites referred to in Recommendation 1.7, agree that:

                  i.        Brick by Brick shall report to the Council’s Interim Chief Executive regarding those risks, including any development, operational, legal or other risks;

                 ii.        The Council’s  Interim Chief Executive, in consultation with the Section 151 Officer and Leader, be authorised to decide:

a.     whether the risks are such that selling the site(s) urgently would be more economically advantageous and, in those circumstances, shall have the ability to authorise Brick by Brick to sell those relevant sites; or

b.     whether a further review is to be carried out and reported to Cabinet for a decision.

9.    Agree that, for those sites which have estimated completion dates beyond October 2021 (as identified in Appendix 2), Brick by Brick be authorised to:

                    i.       market the sites for sale and report back to the Council’s  Interim Chief Executive and Section 151 Officer regarding offers received;

                  ii.       Subject to any objection by the Council’s  Interim Chief Executive  in consultation  with the Section 151 Officer  and the Leader (note, this is to allow the Council the opportunity to consider whether continued build out of these sites might be more cost effective than offers received), sell those sites and, where necessary, novate any relevant contracts, such as building contracts, to the purchasers (for the avoidance of doubt, should the Council’s  Interim Chief Executive object, Brick by Brick shall not have the shareholder’s authority to sell those sites).

10.Agree with the recommendation of the board of Brick by Brick to depart from the current Business Plan and no longer develop any site other than those sites identified in Appendix 2 (note, potential future transfers of interests in the work already undertaken will be the subject of a future report to Cabinet in accordance with recommendation 1.5 above).

11.Agree that these recommendations be adopted by way of shareholder resolution as revisions to the Business Plan of Brick by Brick Croydon Ltd, thereby requiring the company and Directors of the company to act on these recommendations and to carry out all necessary actions to give effect to them.

12.Require the Board of Brick by Brick to prepare and submit a revised Business Plan (by no later than May Cabinet) for adoption by the Council as shareholder, reflecting the decisions made under this report and to include the consequential impact on staffing and other relevant matters.

As set out in the Part A report.

1.    Subject to Spending Control Panel agreeing to the spending of ring fenced grant funding to implement an Experimental Low Traffic Neighbourhood at Crystal Palace and South Norwood ‘Experimental LTN’ by the making of an Experimental Traffic Regulation Order (Experimental TRO) to operate for up to 18 months, to:

a.    prohibit access and egress by motor vehicles (other than certain exempt vehicles) at the following locations:

                                          i.    Sylvan Hill at the common boundary of Nos.11 and 13

                                        ii.    Lancaster Road junction with Goat House Bridge

                                       iii.    Fox Hill junction with Braybrooke Gardens

                                       iv.    Stambourne Way junction with Auckland Road

                                        v.    Bus gate introduced at the common boundary of Nos. 86 and 84a (Auckland Road Surgery) Auckland Road

b.    These restrictions to be enforced through Automatic Number Plate Recognition (ANPR) camera technology.

c.    The restrictions shall not apply in respect of:

                                          i.    a vehicle being used for fire brigade, ambulance or police purposes;

                                        ii.    anything done with the permission of a police constable in uniform or a civil enforcement officer;

                                       iii.    a vehicle being used for the purposes of a statutory undertaker in an emergency, such as the loss of supplies of gas, electricity or water to premises in the area, which necessitates the bringing of vehicles into a section of road to which the order applies;

                                       iv.    buses;

                                        v.    licensed taxis

                                       vi.    Dial-a-Ride vehicles;

                                      vii.    vehicles to which a valid exemption permit has been provided.

d.    Introduce two disabled persons Blue Badge parking bays outside Nos 84 and 86 Auckland Road.

2.    Instruct officers to continue to seek to work with those in Bromley Council to mitigate effects predicted to arise from the Experimental LTN in certain residential access streets in Bromley and to address concerns about potential effects on air quality.

3.    Delegate to the Director of Public Realm the authority to vary the provisions of the Experimental TRO including the exemptions to the restrictions.

4.    In relation to Equality, agree:

a.    that the equality implications of the recommended Experimental Traffic Regulation Order have been the subject of careful consideration in compliance with the Council’s obligations under sections 1 and 149 of the Equality Act 2010;

b.    nevertheless there should be further equality impact analysis including through focused engagement with the members of groups with protected characteristics potentially most affected by the proposed change in and around the area of the Experimental LTN during the operation and any change of the Experimental TRO;

5.    Ensure that a recommendation on the future for the Experimental LTN be brought to the Traffic Management Advisory Committee at the appropriate time if considered desirable prior to the expiry of the Experimental TRO and in any event as soon as is practicable after 12 months of the experimental order being in place.

As set out in the Part A report.

The key decision was taken by Executive Director Place on 18 December 2020 and considered by the Scrutiny & Overview following a Call-In on 7 January 2021. The Leader of the Council has delegated to the Cabinet the power to make the decisions below.

RESOLVED:

The Cabinet agreed to:

1.1       Note the grounds for referral made by the Scrutiny & Overview Committee on the Emission-based Parking Charges key decision.

1.2       Agree that:

1)     Parking charges across the Borough are increased in line with the recommendations made in:

Key Decision No.: 5120ETR* - Parking charges review January 2021

Key Decision No.: 0220PL** - EMISSION-BASED PARKING

CHARGES

2)    That where current free parking bays exist across the Borough that these remain free for the current time and that to note that a report will be submitted to the Traffic Management Advisory Committee that will explore the options available to achieve the policy outcomes required within the Parking Policy.

*5120ETR Recommendations:

1.    To agree, for the reasons detailed in the report, to amend the existing Traffic Management Orders to effect a 30p per 30min increase in the P&D parking bay charges.

2.    To note that the recommended 30p per 30min increase would coincide with the implementation of emission-based banded parking charges, as agree by Cabinet 25 March 2019.

**0220PL Recommendations:

1.    Consider the responses received (Appendix 4) to the consultation on the proposed Traffic Management Order that would introduce emission-based P&D parking charges, which includes the introduction of maximum 2-hour emission-based P&D parking charges in the places where 1-hour free P&D parking currently exists.

2.    Agree that there are no significant changes as a result of the consultation which would necessitate further consultation.

3.    Agree to introduce the emission-based P&D parking charges detailed in the Public Notices that was consulted on and are shown in Appendix 1 and 2.

4.    Agree for officers to inform the objectors of the above decision and reasons.