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Minutes of the Meeting of the Cabinet held on Wednesday 27th September 2006

 
 
S H E F F I E L D   C I T Y   C O U N C I L
 
CABINET
 
Meeting held 27th September, 2006
 
PRESENT:
Councillors Steve Jones, Mary Lea, Bryan Lodge, Robert MacDonald and Mick Rooney.
 
…………….
 
1.
CHAIR OF THE MEETING
 
            In the absence of the Chair (Councillor Jan Wilson), Councillor Steve Jones was appointed Chair of the meeting.
 
 
2.
APOLOGIES FOR ABSENCE
 
            Apologies for absence were received from Councillors Terry Fox, Harry Harpham, Chris Weldon and Jan Wilson.
 
 
3.
DECLARATIONS OF INTEREST
 
            There were no declarations of interest made at this meeting.
 
 
4.
MINUTES OF PREVIOUS MEETING
 
            The minutes of the meeting of the Cabinet held on 13th September, 2006 were received and approved as a correct record, with the correction of the second line in paragraph c (iv) of the resolution in item 13 (Manor and Castle Stock Transfer), by the substitution of the words “the Housing Associations” for “Sanctuary Housing Association”.
 
 
5.
PUBLIC QUESTIONS AND PETITIONS
 
Funding of Students through Higher Education
 
            Martin Speck asked if the members of the Cabinet were aware that, under Section 1 of the Education Act, 1962 the Sheffield Local Education Authority had a responsibility to fund students through higher education.
 
            The Chair (Councillor Steve Jones) asked the Executive Director, Children and Young People’s Directorate to respond, who stated that
there had been significant changes regarding the respective responsibilities of the Local Authority and Sheffield College, notably in 1993, and that advice regarding significant changes to legislation that impacts on the Council's responsibilities is reported to the Cabinet.
 
 
 
Amalgamation of land at Graves Park and Norton Nurseries
 
            Ernest Brewin asked whether the area of land between Norton Hall Mews and 'The Ponds', along the Bunting Nook boundary and used as 'The Paddock', was to be included in the amalgamation of charitable land arrangements to be considered by the Cabinet.
 
            In response, the Cabinet Member for Streetscene and Green Spaces (Councillor Bryan Lodge) confirmed that it was.
 
 
 
The Fosters Tower Block, High Green
 
            Denise Fearnley, a resident of the Fosters Tower Block, pointed out that, whilst the area outside the Tower Block was in need of improvement and attracted undesirable and anti-social behaviour, the majority of residents did not want the tower block to be demolished and wished to stay in their spacious accommodation.  She added that residents supported option C in the report to be considered by the Cabinet and asked if the Council would keep the residents informed of developments and include tenants’ representatives in discussions on the proposed investment programme.
 
            The Chair (Councillor Steve Jones) stated that he was pleased that residents favoured Option C, as this was the option recommended in the report to be considered by the Cabinet.  The Executive Director, Neighbourhoods and Community Care added that the proposals in the report represented a long-term solution for the tower block and the shopping area.  Once a decision had been made, information would be sent out to the residents informing them of the process and timescale.  He welcomed involvement of the residents in the design, specification and delivery of the programme and undertook to pursue this with South Yorkshire Housing Association.
 
 
6.
ITEMS CALLED IN FOR SCRUTINY
 
            The Assistant Chief Executive, Legal and Governance reported that the decision of this Cabinet, at its previous meeting, relating to Environmental Excellence Strategy had been called-in for scrutiny by the Culture, Economy and Sustainability Scrutiny and Policy Development Board.
 
            The Cabinet noted this information.
 
 
7.
RETIREMENT OF STAFF
 
RESOLVED: That this Cabinet places on record its appreciation of the valuable service rendered to the City Council over a period of 46 years by Mr. Harry Moore, Additional Superintendent Registrar in the Chief Executive’s Directorate, extends to him its best wishes for a long and happy retirement and directs that a copy of this resolution under the Common Seal of the Council be presented to him.
 
 
8.
LAND AT ALLENDE WAY
 
            The Director of Corporate Resources submitted a report seeking approval for the disposal of land at Allende Way by way of a private treaty sale to Brocklebank and Co (Demolition) Limited to enable the company to consolidate its business.
 
RESOLVED: That (a) approval be given to the proposed disposal of land at Allende Way, as shown on the plan attached to the report now submitted, by way of a conditional contract and on a private treaty basis on the terms set out in Appendix A to the report;
 
            (b) the Head of Corporate Property Management be granted delegated authority to deal with and finalise the proposed transaction; and
 
            (c) authority be given for the Assistant Chief Executive, Legal and Governance, to complete the legal documentation for the sale of the land.
 
(NOTE: Appendix A to the above report was not available to the public and press because it contained exempt information described in Part 3 of Schedule 12A to the Local Government Act 1972 as amended.)
 
 
9.
EXTRA CARE HOUSING DEVELOPMENT – FLOWER ESTATE WINCOBANK
 
            The Executive Director, Neighbourhoods and Community Care submitted a report seeking approval for land at Five Roads on the Flower Estate, Wincobank to be declared surplus to requirements and for the site to be designated for the development of extra care housing.
 
RESOLVED: That (a) the site at Five Roads on the Flower Estate, Wincobank of approximately 0.8 hectares, as shown on the plan attached to the report now submitted, be declared surplus to requirements and be designated for the development of extra care housing; and
 
            (b) authority be given for the Executive Director, Neighbourhoods and Community Care, in consultation with the Head of Corporate Property Management, to negotiate with the preferred Housing Association partner and to report to a future meeting of this Cabinet for approval of the terms of disposal.
 
 
10.
FUTURE OF THE FOSTERS TOWER BLOCK, HIGH GREEN
 
            The Executive Director, Neighbourhoods and Community Care submitted a report on the condition of a Council owned ten storey block of 34 spacious two bedroomed flats known as The Fosters, High Green, which was in need of significant investment to achieve the Decent Homes standard.  The report set out four options for the future of the block, for which there had been little investment in the retail unit area, and which had become a magnet for anti-social behaviour, contributing to the relatively poor reputation for the block as a whole.
 
RESOLVED: That, subject to the consent of the Secretary of State, the Executive Director, Neighbourhoods and Community Care (a) in consultation with the Cabinet Member for Safer Neighbourhoods, be authorised to negotiate and agree terms with South Yorkshire Housing Association (SYHA), for a joint investment programme with the City Council for The Fosters Tower Block, High Green, to achieve the standards described in Option C set out in section 7 of the report now submitted; and (b) in consultation with the Assistant Chief Executive, Legal and Governance, the Head of Corporate Property Management and the Cabinet Member for Safer Neighbourhoods, be authorised to negotiate and agree terms with South Yorkshire Housing Association for the transfer of The Fosters to SYHA on a 125 year lease, at a discount from market value which reflects the investment and other commitments which SYHA would be required to meet.
 
 
11.
GRAVES PARK AND NORTON NURSERIES – AMALGAMATION
 
            A joint report of the Executive Director, Development, Environment and Leisure and the Assistant Chief Executive, Legal and Governance was submitted on a proposal to amalgamate charitable land and to declare trusts over land which had been traditionally seen as part of the wider Graves Park and to confirm the details of the lease of Chantry Cottage.
 
RESOLVED: That (a) the contents of the report now submitted be noted.
 
            (b) approval be given for the Assistant Chief Executive, Legal and Governance to take all necessary action to (i) proceed to amalgamate the deeds for the Graves Park and Norton Nurseries sites into a unified governing document, subject to compliance with the requirements of the Charity Commission, the Charities Act 1993 and resolution of the question referred to in the report relating to the provision of housing on the Norton Nurseries site; and (ii) seek a Scheme arrangement with the Commission to permit the declaration of trust over land detailed in the report now submitted, subject to retention by the City Council of land necessary to the continued maintenance of Council services and to permit disposal of land held within the Council’s land portfolio to the Council as trustee and to compliance with any necessary provisions of the Local Government Act 1972 and the Open Spaces Act 1906; and
 
            (c) the Assistant Chief Executive, Legal and Governance be requested to write to the Charity Commission and to the Friends of Graves Park to thank them for their help in dealing with this matter.
 
 
12.
INNER RELIEF ROAD STAGE 2 PROGRESS REPORT
 
            The Executive Director, Development, Environment and Leisure submitted a report setting out progress on the construction of the Inner Relief Road stage 2, setting out the current projection on likely cost out-turn and seeking approval to a revised capital budget.
 
RESOLVED: That (a) the progress of the Inner Relief Road stage 2 scheme, along with the cost increase and potential funding gap, as set out in the report now submitted, be noted;
 
            (b) the proposals for dealing with the funding gap be noted and approved, with any remaining funding gaps being met from the Local Transport Plan; and
 
            (c) the revised capital budget and Capital Project Form A now submitted be approved.
 
 
13.
PROPERTY AT EXCHANGE STREET
 
            The Executive Director, Development, Environment and Leisure submitted a report seeking approval to the acquisition of property at Exchange Street in order to consolidate the Council’s land ownership for the future redevelopment of Castle Market.
 
RESOLVED: That (a) this Cabinet endorses the view that the acquisition of the property in Exchange Street, as indicated on the plan attached to the report now submitted for the purpose outlined in the report is likely to promote or improve the economic, environmental and consequently social well being of Sheffield and its inhabitants and, therefore, authorises its acquisition on the terms set out in the report; and
 
            (b) the Assistant Chief Executive, Legal and Governance be authorised to complete such legal documentation as she considers necessary or appropriate in connection with the proposed acquisition on such terms as she may agree to give effect to the proposals set out in the report and generally to protect the Council’s interests.
 
(NOTE: The above report was not available to the public and press because it contained exempt information described in Part 3 of Schedule 12A to the Local Government Act 1972 as amended.)