Agenda and minutes

Venue: Hendon Town Hall, The Burroughs, London NW4 4BQ

Contact: Salar Rida  Email: Salar.Rida@Barnet.gov.uk

Media

Items
No. Item

1.

Minutes of the Previous Meeting pdf icon PDF 83 KB

Minutes:

Councillor Barry Rawlings, Leader of the Council and Cabinet Member for Resources and Effective Council welcomed all attendees to the meeting.

 

Councillor Rawlings announced that item 21 has been withdrawn from the agenda and that a report will be brought to a future meeting of Cabinet following conclusion of a wider piece of work around the council’s assets.

 

It was RESOLVED that the minutes of the meeting held on 14 November 2023 be approved as a correct record.

 

2.

Absence of Members (if any)

Minutes:

None.

 

3.

Declaration of Members' Interests and Dispensations (if any)

Minutes:

None.

 

4.

Questions from non-Executive Members (if any)

Minutes:

The Chair welcomed Councillor Peter Zinkin to the meeting.

 

Questions were raised in relation to agenda items 11, 13 and 19 which were responded to verbally at the meeting by Cabinet Members.

 

5.

Petitions (if any)

Minutes:

None.

6.

Deputations (if any)

Minutes:

None.

7.

Public Questions and Comments (if any)

Minutes:

None.

8.

Matters referred to the Executive (if any)

Minutes:

The referrals from Overview and Scrutiny Committee are set out below.

 

9.

Consideration of reports from the Overview and Scrutiny Committee or Scrutiny sub-committees (if any)

Minutes:

Members noted the three referral reports from the Overview & Scrutiny Committee on the following items:

 

-       Business Planning 2024-2030 and In-Year Budget Management 2023/24

-       Outturn Q1 and Mid-Year Treasury Management Strategy and Performance Update 2023-24

-       Plot 1 Brent Cross Town Regeneration

The Chair noted the process for considering the three referral reports from the Overview & Scrutiny Committee on this agenda which will be considered together with the relevant Cabinet reports.

 

10.

Report of Overview and Scrutiny Committee to Cabinet - Recommendations on Business Planning 2024-2030 and In-Year Budget Management 2023/24 pdf icon PDF 173 KB

Minutes:

Following introduction of the report, Councillor Barry Rawlings referred to the recommendations from the Overview & Scrutiny Committee on Business Planning 2024-2030 and In-Year Budget Management 2023/24 and noted the responses to the recommendations as set out below.

 

DECISION:

 

RESOLVED that Cabinet noted and considered the recommendations and comments from Overview & Scrutiny Committee and responded as follows:

 

Recommendations and comments

Response

1. Having considered the contents of Business Planning and Medium-Term Financial Strategy 2024-2030 Report attached at Annex A (noting the remaining budget gap for 2024/25) had the following specific concerns and made the following recommendations for Cabinet to examine:

Considered by Cabinet as set out below.

2. Notes that any changes made in the Autumn Statement on 22 November 2023 that impact the MTFS may be incorporated into the paper presented to Cabinet on 12 December 2023.

All changes have been incorporated into the Cabinet report on this agenda for Business Planning 2024-2030 and In-Year Budget Management 2023/24.

3. Noting that the proposed budget relied on Community infrastructure Levy (CIL) to fund some revenue expenditure, noted that legal advice had been requested on the use of CIL as set out in the budget proposals.

Conversations are progressing with legal, and assurance will be provided ahead of the Cabinet meeting in February 2024.

 

4. The Committee, being concerned about the level of NHS debt to the Council, recommends that Cabinet carry out its best endeavours to retrieve these monies and report progress back to the Overview and Scrutiny Committee.

A project management approach is being taken to interactions with health, which includes debt but also wider discussions on income expectations. Scoping of the challenge has been carried out and the work will focus on three areas – Historic Debt Review, Invoicing Processes, Processes for Agreeing Funding.

 

Officers have supplied the North Central London Integrated Care Board (ICB) with the relevant information and evidence about the debt, and the issue of the outstanding debt will be escalated to the NCL ICB chief executive for urgent attention.

 

There is also work that has been kicked off at a subregional level to get visibility of levels of funding across the subregion.

 

The S151 officer is working on this issue with the four other north central London councils, to which the ICB is also a debtor. 

 

A dedicated project is being established as part of the council wide transformation programme to create improvement in the longer term on ICB debt to the council. 

5. That Cabinet considers writing to the three local Members of Parliament to ask them to lobby the Secretary of State for Health to pay outstanding debts to the Council.

This will be addressed as part of the debt project set out above.

 

6. The Committee, having sought clarification on the saving of £500,000 on adults with mental health needs, is concerned that Cabinet may need assurance on these savings proposals given the level of need within this area.

This is part of continuing work to look at increasing independence and,  ...  view the full minutes text for item 10.

11.

Business Planning 2024-2030 and In-Year Budget Management 2023/24 pdf icon PDF 401 KB

Additional documents:

Minutes:

Councillor Barry Rawlings Leader of the Council and Cabinet Member for Resources & Effective Council introduced the report.

 

Cabinet Members spoke about the budget proposals relating to their portfolio areas. Members agreed an additional recommendation (nr 23) on pay inflation virement as set out in the addendum to the report.

 

Following discussion, the Chair moved to vote on the recommendations, including the additional recommendation number 23 as set out in the report and addendum.

 

DECISION:

 

RESOLVED that Cabinet:

 

In respect of business planning for 2024-30:

  1. Noted the issues facing local government finance nationally and across London as set out in 2.1- 2.15.
  2. Noted the key headlines from the Autumn Statement on 22 November 2023 as set out in 2.16-2.21.
  3. Noted the updated MTFS attached as Appendix A and the underlying assumptions as set out in Section 3.
  4. Noted the updates to the 2024/25 MTFS and estimate of 2024-30 budget gap. This will be updated to take account of information from the 2023 Provisional Local Government Finance Settlement due on 19 December 2023.
  5. Noted that the MTFS assumed that the Eight Authority Business Rates Pool will continue for 2024/25 and that £2m benefit has been assumed in the MTFS (paragraph 3.3);
  6. Delegated authority to the Executive Director of Resources (S151 Officer) to take all necessary actions to participate in and execute the Eight Authority Business Rates Pool agreement.
  7. Noted the actions being taken to address the 23/24 forecast overspend of £26m as outlined in paragraph 3.9-3.10.
  8. Noted the plans to address the remaining budget gap for 2024/25 as detailed in 3.18-3.20.
  9. Agreed public consultation on the savings proposals as set out in Appendix B. These will come back to Cabinet on 6th February 2024 for referral to Full Council on 27th February 2024 for final approval of the 2024/25 budget including Council Tax.
  10. Approved delegated authority to the Executive Director of Resources (S151 Officer) to amend the MTFS in line with the 2024/25 Provisional Local Government Finance Settlement due on 19 December 2023, to enable the 2024/25 Budget Consultation process to commence as discussed in paragraph 3.21.
  11. Noted the council’s reserves position as detailed in paragraphs 3.22-3.24.
  12. Considered the recommendations that Overview & Scrutiny in November 2023 made on the proposed MTFS as detailed in the additional paper being presented to this Cabinet.
  13. Noted the issues facing the Housing Revenue Account and the mitigating actions that the council and Barnet Homes are taking to ensure the viability of the HRA over through the 30-year Business Plan period – as outlined in Section 4.
  14. Noted the actions the council are taking towards meeting its sustainability goals as set out in Section 5 and Appendix D; and
  15. Noted the approach to Digital Transformation that the council has adopted and the update provided in Section 6. Regarding consultation on budget and council tax proposals:

    Regarding consultation on budget and council tax proposals:
  16. Agreed to consult on the use of the council’s flexibility to raise the level of General Council Tax by 2.98% in 2024/25 as  ...  view the full minutes text for item 11.

12.

Report of Overview & Scrutiny Committee to Cabinet - Outturn, Quarter 1 and Mid-year Treasury Management Strategy and Performance Update 2023-24 pdf icon PDF 161 KB

Minutes:

Following introduction of the report, Councillor Barry Rawlings referred to the recommendations from the Overview & Scrutiny Committee on Outturn, Quarter 1 and Mid-year Treasury Management Strategy and Performance Update 2023-24 and noted the responses to the recommendations as set out below.

 

DECISION:

 

RESOLVED that Cabinet noted and considered the recommendations and comments from Overview & Scrutiny Committee and responded as follows:

 

Recommendations and comments

Response

1. On the proposed approval of an increase to the council’s Operational Boundary and Authorised Limit for External Debt to reflect the council’s current expectations around use of reserves over 2023-24 and capital expenditure requiring prudential borrowing, the Committee agreed to refer this matter to the Cabinet with a request for reassurance that Cabinet was satisfied that this proposal was prudent prior to referring the proposal to Council for approval on 30 January 2024.

Considered by Cabinet and agreed to refer the proposal to Council.

 

2. The Committee to recommend to Cabinet that largest major capital programme schemes should have their business cases refreshed/reviewed considering the current economic situation.

Projects are being identified for review, and updates will be provided as part of quarterly monitoring reports.

3. The Committee to recommend to Cabinet that officers provide the information on the Council’s Borrowing strategy, so as to understand in the circumstances in which the Council could borrow external funds prior to referring the proposal to Council for approval on 30 January 2024.

Cabinet has been provided with the Borrowing Strategy which is attached to the Cabinet report as an addendum.

 

13.

Outturn, Quarter 1 and Mid-year Treasury Management Strategy and Performance Update 2023-24 pdf icon PDF 288 KB

Additional documents:

Minutes:

Councillor Barry Rawlings Leader of the Council and Cabinet Member for Resources & Effective Council introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED that Cabinet:

 

  1. Noted the report, the treasury activity and performance updates against the Prudential Indicators
  2. Made recommendations to Council on the proposed approval of an increase to the council’s Operational Boundary and Authorised Limit for External Debt to reflect the council’s current expectations around use of reserves over 23-24 and capital expenditure requiring prudential borrowing.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

14.

Report of Overview & Scrutiny Committee to Cabinet - Recommendations on Plot 1 Brent Cross Town Regeneration pdf icon PDF 155 KB

Minutes:

Members considered the associated exempt information during exempt session as set out below under items 26 and 27 and commenced the public part session for items 14 and 15.

 

Following introduction of the report, Councillor Barry Rawlings referred to the recommendations from the Overview & Scrutiny Committee on the Plot 1 Brent Cross Town Regeneration report and noted the responses to the recommendations as set out below.

 

DECISION:

 

RESOLVED that Cabinet noted and considered the recommendations and comments from Overview & Scrutiny Committee and responded as follows:

 

Recommendations and comments

Response

1. The Overview and Scrutiny Committee (Committee) endorses the Council welcoming Sheffield Hallam University to Brent Cross Town and welcomes the opportunities it will bring for local people and benefits to the Borough as a whole.

Endorsement of the Overview & Scrutiny Committee is much appreciated.

2. The Committee supports the principle of the Council intervening to provide funding support for delivery of Plot 1 through the provision of interim project finance.

The Overview & Scrutiny Committee’s comments as set out in the minutes of their respective meeting are noted and welcomed.

3. The Committee recognises that the proposal should be considered in light of the new Subsidy Control Act 2022.

Noted and a full subsidy control assessment and Competition & Markets Authority referral (as appropriate) is expected to  be undertaken once Cabinet makes its in-principle decision.

4. In light of recommendation 3, the Committee recommends that Cabinet pay particular attention to the commercial structure, and in particular whether our risks are well aligned with those of commercial partners.

Discussions with other parties are ongoing and Members will receive an update.  Cabinet discussed the options for responding to Overview & Scrutiny Committee. Consideration and discussions continue, with particular focus on alignment of the parties’ interests while mitigating risk to the Council.

 

5. The Committee recognises that officers have identified and put in place measures to manage the risks associated with the proposed investment, but also note that such an investment can never be wholly risk free; and highlight that it is important that if issues do materialise we work closely with partners to address them in a way that best protects the interests of the Council, the joint venture with Related Argent, and the delivery of Brent Cross Town.

Noted.

6. The Committee recommends that Cabinet pays particular attention to due diligence on the financial position of Sheffield Hallam University especially in relation to any reliance on international students for the scheme to be viable and impact of any immigration changes to their financial position.

Due diligence on the financial position of Sheffield Hallam has indicated the covenant is sufficiently strong. With only 14% of its student population being from overseas SHU is not overly susceptible to immigration or foreign student policy changes.

7. In light of the above, the Committee recommends that Cabinet may wish to consider whether to explore any appropriate adjustments to the proposed financial structure.

The proposed financial structure and detailed loan arrangements remain under active consideration (as per points 4  ...  view the full minutes text for item 14.

15.

Plot 1 Brent Cross Town Regeneration pdf icon PDF 231 KB

Additional documents:

Minutes:

Councillor Ross Houston, Deputy Leader and Cabinet Member for Homes & Regeneration introduced the report. 

 

Following discussion, Members agreed to include an additional recommendation (number. 6) to read: delegate to the Chief Executive authority to refer the investment to the Competition and Markets Authority in accordance with the Subsidy Control Act 2022 as required.

 

The Chair moved to vote on the recommendations as set out in the report, including the recommendation nr 6.

 

DECISION:

 

RESOLVED that Cabinet:

 

1.    Confirmed the Cabinets support for bringing Sheffield Hallam University to Plot 1 at Brent Cross Town, as a key contributor to the area’s regeneration and future growth.

2.    Noted the due diligence undertaken to date, including accountancy, subsidy control and legal advice, and the proposals in relation to additional due diligence, as set out in the exempt appendix D & E.

3.    Recommended to council the approval of £100m of development funding for Plot 1 for a period of 3-5 years on the terms set out in the exempt appendix subject to the further due diligence noted above and addition to the capital programme and treasury management amendments.

4.    Subject to the further approvals set out in recommendations 2 and 3 above, delegated authority to the Chief Executive, in consultation with the Leader of the Council, to finalise all further due-diligence and agree the terms and legal documentation required to give effect to this proposal and enter into the loan agreement.

5.    Delegated to the Chief Executive, in consultation with the Leader of the Council, approval of a Phase Proposal and agreement of related documentation, which enables Plot 1 to be drawn down pursuant to the provisions and procedures set out in the Brent Cross South Project Agreement between the Council and Related Argent, as explained in paragraphs 1.57-1.64.

6.     Delegated to the Chief Executive authority to refer the investment to the Competition and Markets Authority in accordance with the Subsidy Control Act 2022 as required.

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

16.

Equalities Annual Report 2023 pdf icon PDF 162 KB

Additional documents:

Minutes:

Councillor Zahra Beg, Cabinet Member for Equalities, Voluntary and Community Sector introduced the report. Members welcomed the report and commended the work being delivered. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED:

 

  1. That Cabinet approved the Annual Equalities Report 2023 and its subsequent publication on the Council’s website.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

17.

Placement Sufficiency Strategy pdf icon PDF 258 KB

Additional documents:

Minutes:

Councillor Pauline Coakley Webb, Cabinet Member for Family Friendly Barnet introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED:

 

  1. That Cabinet noted the report and approved the publication and implementation of the Placement Sufficiency Strategy (2023-2027)

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

18.

Borough of Sanctuary Strategy pdf icon PDF 169 KB

Additional documents:

Minutes:

Councillor Zahra Beg, Cabinet Member for Equalities, Voluntary and Community Sector introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED:

 

1.    That Cabinet approved the Borough of Sanctuary Strategy.

2.    That Cabinet approved that work continue to develop a Borough of Sanctuary application for submission in the upcoming year.

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

19.

Annual Procurement Forward Plan (APFP) 2024-25 pdf icon PDF 219 KB

Additional documents:

Minutes:

Councillor Barry Rawlings Leader of the Council and Cabinet Member for Resources & Effective Council introduced the report. 

 

Following discussion, Members agreed to amend the recommendations to enable procurement lines 68 (Energy database) and 69 (Electric Power Purchase Contract) in the Appendix 1 (APFP 2024-25) to be reported to the next Cabinet meeting for further consideration.

 

The Chair moved to vote on the recommendations as amended.

 

DECISION:

 

RESOLVED:

 

1.    That Cabinet approved the Annual Procurement Forward Plan (APFP) to enable commencement of procurement activity for 2024/25 – 2026/27 (as identified in Appendix 1) and for procurement lines 68 and 69 in Appendix 1 to be reported back to the next Cabinet meeting for further consideration.

2.    That Cabinet noted the requirements for procurement activity to be subject to service confirmation of continued requirement, any additional approvals required under the Council’s Constitution, including the Contract Procedure Rules, and authorisation of a Procurement Launch Document including identification of approved budget source as set out in Appendix 1.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

20.

Integrated Community Equipment - Direct award service provision to the London Consortium via a waiver of the contract procedure rules pdf icon PDF 170 KB

Additional documents:

Minutes:

Councillor Paul Edwards, Cabinet Member for Adult Social Care introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED that Cabinet:

 

  1. Noted the decision taken under delegated powers to agree a waiver of the Contract Procedure Rules pursuant to Contract Procedure Rules 12.2 to authorise the direct award of the Integrated Community Equipment contract to the London Consortium framework at an annual contract value of £3.2m, effective 1st August 2023.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

21.

Burnt Oak Residential and Retail Freehold Sales pdf icon PDF 175 KB

Additional documents:

Minutes:

As announced at the start of the meeting, Councillor Rawlings noted that the item was withdrawn from the agenda and that a report will be brought to a future meeting of Cabinet following conclusion of a wider piece of work around the council’s assets.   

 

22.

Selective Licensing Phase 2 Consultation Feedback pdf icon PDF 299 KB

Additional documents:

Minutes:

Councillor Ross Houston, Deputy Leader and Cabinet Member for Homes & Regeneration introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED that Cabinet:

 

1.    Approved:

a. the proposed changes to the original proposals following the consultation as set out in Appendix D,

b. the conditions for licenced properties in Appendix E, and that these will also supersede the conditions approved for phase 1 of selective licensing approved by the Housing and Growth Committee on 13th June 2022,

c. the indicative fees for property licensing in Appendix F,

d. the objectives, targets, and reporting timetable in Appendix G,

e. the communications plan in Appendix I,

 

2.    Approved the making of the designation for a selective licensing scheme in the proposed ten wards in Appendix H and confirm that Cabinet is satisfied:

a. that the making of a single phase 2 selective licensing scheme for the proposed 10 wards is the appropriate course of action, and

b. that the statutory grounds and requirements outlined in this report to introduce a selective licensing scheme have been met 

c. that it has considered other courses of action available to the council that might provide an effective method of achieving the objectives that the designation intends to achieve, and

d. that it considers that making the designations will significantly assist the council to achieve those objectives.

 

3.    Agreed that a submission be made to the Secretary of State for The Department for Levelling Up, Housing and Communities requesting confirmation of the designation;

4.    Delegated subject to recommendation 4, to the Deputy Chief Executive, in consultation with the Cabinet Member for Homes and Regeneration, responsibility for agreeing the final documentation requesting confirmation of the scheme to the Department for Levelling Up, Housing and Communities.

5.    Approved, subject to receiving confirmation from the Secretary of State for the Department for Levelling Up, Housing and Communities for the proposed scheme to come into force no sooner than 3 months following receipt of confirmation.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

23.

Appendix 1 - Additional Licensing performance against preset Objectives, and Targets pdf icon PDF 212 KB

Additional documents:

Minutes:

Councillor Ross Houston, Deputy Leader and Cabinet Member for Homes & Regeneration introduced the report. 

 

Following discussion, the Chair moved to vote on the recommendations.

 

DECISION:

 

RESOLVED that Cabinet:

 

1.    Noted the findings of the Additional Licensing Scheme 2022-2027 - Year One Review.

2.    Noted the strategy for addressing the challenges identified to date.

 

The report set out the options considered, if any, and the reasons for the recommendations and the decision.

 

24.

Cabinet Forward Plan - Key Decision Schedule

Minutes:

Cabinet noted the Forward Plan – Key Decision Schedule.

 

25.

Urgent Business (if any)

Minutes:

None.

26.

Motion to Exclude the Press and Public

Minutes:

The Chair moved a motion which was agreed to exclude the press and public on the basis that the exempt items will involve discussion of confidential information.

 

The public gallery was cleared. The meeting was adjourned for 10 minutes at 9.10pm and resumed at 9.20pm.

 

27.

Plot 1 Brent Cross Town Regeneration (Exempt)

Additional documents:

Minutes:

Cabinet noted the exempt information.