You are here: Home » Your City Council » Council Meetings » Cabinet » Agendas 2007 » Agenda 10 October 2007 » Minutes 26 September 2007
Minutes of Cabinet 26 September 2007
CABINET
Meeting held 26th September, 2007
PRESENT: Councillors Jan Wilson (Chair), Steve Jones, Mary Lea, Bryan Lodge, Tim Rippon and Mick Rooney.
…………….
1. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors Harry Harpham and Chris Weldon.
2. DECLARATION OF INTEREST
Councillor Tim Rippon declared a personal prejudicial interest, as an employee of South Yorkshire Housing Association, in matters relating to the City of Sheffield (20 Earl Marshal Close) Compulsory Purchase Order.
3. MINUTES OF PREVIOUS MEETING
The minutes of the meetings of the Cabinet held on 12th September, 2007 were received and approved as a correct record.
4. PUBLIC QUESTIONS AND PETITIONS
Petition from the Moor Market Traders
The Cabinet received a petition containing 24 signatures from The Moor Market Traders requiring a final decision/dates for the relocation of The Moor Market and heard representations made on their behalf by George Glover, who asserted that there had been 18 months of time wasting by the Council, that empty rhetoric was being voiced by the Cabinet Member for Economic Regeneration, Culture and Planning (Councillor Tim Rippon) and suggested that, if the Council could not deliver on its proposals, it should inform the traders accordingly. He circulated a letter that he had received from the Interim Director of Strategic and City Centre Services, which included a summary of some responses given to the consultation undertaken recently with businesses fronting onto Fargate on the principle of relocating the outdoor Moor Market to Fargate, together with a note containing his responses to the letter. He added that, whilst the traders understood that negotiations took time, they were frustrated by the lack of progress and felt under threat of removal.
Before asking the Cabinet Member for Economic Regeneration, Culture and Planning (Councillor Tim Rippon) to respond, the Leader of the Council (Councillor Jan Wilson) pointed out that a decision concerning the Moor Market would be taken collectively by the Cabinet, rather than by an individual Cabinet Member. Councillor Tim Rippon referred to the ongoing discussions that had taken place, but did not feel that anyone had been threatened. He stated that the possible relocation to Fargate had implications for others, so it was necessary to consult them, although he expressed disappointment at the poor and mainly negative response, which might not necessarily be representative of traders in Fargate. He added that, in order to get a fuller picture, it was proposed to carry out face-to-face consultation with store managers. Councillor Jan Wilson emphasised that, whilst traders might feel that nothing had been happening, a number of meetings had taken place. She appreciated the uncertainty that traders were experiencing, but a decision would be taken in due course.
The Cabinet referred the petition for consideration by the Cabinet Member for Economic Regeneration, Culture and Planning (Councillor Tim Rippon).
Questions regarding Members’ Code of Conduct
Neil Fitzmaurice, in referring to the revised Code of Conduct to be adopted by Members, enquired if similar codes applied to officers of the Council and asked what steps the Council could take, or had taken, to ensure that members of the various partnership organisations that the Council dealt with had similar practices, so that the public could feel confident about the honesty and integrity in its dealings with them.
In response, the Assistant Chief Executive, Legal and Governance, confirmed that there was a Code of Conduct for Council officers and that other public sector organisations on which Council members served, for example the South Yorkshire Joint Authorities and Health bodies, had their own similar Codes. Where other partner organisations were not subject to such statutory requirements, the Council required or encouraged them to adopt similar standards of operation to ensure probity.
5. ITEMS CALLED IN FOR SCRUTINY
The Assistant Chief Executive, Legal and Governance, reported that matters relating to Sheffield Economic Masterplan that had been agreed by the Cabinet at its last meeting had been called in for scrutiny by the Strategic Resources and Performance Scrutiny and Policy Development Board.
The Cabinet noted this information.
6. RETIREMENT OF STAFF
RESOLVED: That this Cabinet (a) places on record its appreciation of the valuable services rendered to the City Council by (i) Ms. Andrea Swyer, Conveyancing Assistant in the Chief Executive’s Directorate, after completing 40 years’ service with the Council and (ii) Mrs. Josephine Owen, Cleaner, Parkwood High School in the Children and Young People’s Directorate, after completing 34 years’ service with the Council;
(b) extends to them its best wishes for long and happy retirements; and
(c) directs that appropriate extracts of this resolution, under the Common Seal of the Council, be forwarded to them.
7. REVISED CODE OF CONDUCT FOR MEMBERS
A joint report of the Chief Executive and the Assistant Chief Executive, Legal and Governance was submitted indicating that the Government had published a revised Code of Conduct for Members for adoption by every local authority. The report summarised the changes and referred to Guidance for Members issued by the Standards Board for England. The full text of the draft Code of Conduct was set out in Appendix A to the report, with the wording of the model Code of Conduct (in bold) and an Introduction as recommended in the Guidance and with some additional text (not in bold) which was added by this Council to the previous model Code of Conduct where it is consistent with the new model Code of Conduct. The report also set out the transitional arrangements to the revised Code of Conduct.
RESOLVED: That (a) the Council adopts the new Code of Conduct for Members with effect from 3rd October 2007;
(b) all Members be notified of the need to renew their Registration of Interests;
(c) a copy of the revised Code of Conduct be provided to every Member of the Council;
(d) the Assistant Chief Executive, Legal and Governance be requested to ensure that training on the revised Code of Conduct is made available to all Members of the City Council; and
(e) the Assistant Chief Executive, Legal and Governance be given delegated powers to make any amendments necessary to other documentation, in particular the Member/Officer Relations Protocol and the Town Planning Matters Protocol, to ensure that they are consistent with the new Code of Conduct and to inform Members, as appropriate, of any amendments that are required.
(NOTE: 1. This item is referred for consideration by the City Council and cannot, therefore, be called in for scrutiny and
2. The report is circulated to all Council members with the Council Summons).
8. RIVER DON DISTRICT MASTERPLAN
The Executive Director, Development, Environment and Leisure submitted a report on progress with the River Don District Masterplan, which had been prepared on behalf of the British Land Company plc by Urban Strategies Inc., in consultation with the City Council. He reminded the Cabinet that development of the original Lower Don Valley (LDV) Masterplan started in December, 2003 and had resulted in the publication of the LDV Vision and Masterplan report in November, 2004 and that, since publication, the principles of the LDV vision had been formally endorsed by the Cabinet on 11th May, 2005. The report explained the Masterplan’s strategy, highlighted the transport, flood risk, air quality, noise and land use issues and summarised the overall points raised in the consultation on the Masterplan. The report concluded that there were detailed issues, especially regarding the amount and phasing of officers and housing that would need to be resolved as part of the subsequent detailed proposals for the area and that the amount of retail development would need to be severely limited to accord with local, regional and national planning policies.
RESOLVED: That (a) the progress on the River Don District Masterplan produced by Urban Strategies for British Land be noted; and
(b) the proposals contained in the Masterplan be approved in principle, taking into account the comments contained in the report now submitted and the areas identified for further work and future public consultation.
9. SHEFFIELD-ROTHERHAM BUS RAPID TRANSIT PROPOSAL
The Executive Director, Development, Environment and Leisure submitted a report containing an update on the issues involved in the development of a bid for funding the Sheffield-Rotherham Bus Rapid Transit scheme, which had resulted from an aspiration to provide a high quality, showcase public transport scheme to meet key objectives on the busiest inter-urban corridors in South Yorkshire and, in particular, to address the impact of the increasing traffic and congestion on the M1 motorway, specifically at junctions 33 and 34, which was a barrier to future growth. He explained that two routes had been identified, involving a northern route running between Rotherham Parkgate and Sheffield city centre via Rotherham town centre and Meadowhall and a southern route running between Rotherham town centre and Sheffield city centre via Waverley. He stated that an outline business case for the southern route had been developed to enable the scheme to be endorsed by the Regional Transport Board for inclusion in the Region’s overall Transport Capital Programme, followed by a full business case to be submitted to the Department for Transport in Spring/Summer 2008. He added that further work was required on the northern route before being submitted to the Regional Transport Board for endorsement.
RESOLVED: That (a) the work taken place so far in developing a submission for support from the Regional Transport Board be endorsed;
(b) the decision of the Regional Transport Board to support the Sheffield–Rotherham Bus Rapid Transit proposal for inclusion in the Regional Transport Programme be welcomed, and the further development of the full Major Scheme Business Case for submission to the Department for Transport in Spring/Summer 2008 be endorsed; and
(c) further progress reports to be submitted to this Cabinet as appropriate.
10. REVIEW OF ARRANGEMENTS FOR THE SCHOOL ORGANISATION COMMITTEE
The Executive Director, Children and Young People and the Assistant Chief Executive, Legal and Governance submitted a joint report outlining new decision making arrangements introduced by the Education and Inspections Act 2006, which abolished all School Organisation Committees with effect from 26th May, 2007 and provided instead that proposals for the establishment, alteration or discontinuation of schools be decided by “the relevant authority”, that is the Local Authority or the Adjudicator in certain cases.
RESOLVED: That (a) the new Local Authority decision making arrangements for schools, as set out in the report now submitted, be noted;
(b) that part of Article 7.06 of the Council’s Constitution that currently reads “school closures, other than those in the school organisation plan” be deleted and, in its place, be substituted “decision making in respect of the establishment, alteration or discontinuance of schools, other than those that must be referred to the Schools Adjudicator”; and
(c) all members of the School Organisation Committee be thanked for their significant contribution to the work of that Committee.
(NOTE: 1. This item is referred for consideration by the City Council and cannot, therefore, be called in for scrutiny and
2. The report is circulated to all Council members with the Council Summons).
11. OUTCOME OF CONSULTATION RE ADDITIONAL PRIMARY PLACES IN BURNGREAVE AND FIR VALE
The Executive Director, Children and Young People Directorate submitted a report on the responses from parents and communities of Burngreave and Fir Vale to the proposal that two schools in Burngreave should be expanded and two schools in Fir Vale should be transformed and expanded to provide additional primary school places across the area. The report summarised the key issues raised and the Authority’s response to them and contained recommendations for the way forward.
The Executive Director drew particular attention to a petition that had been received opposing the proposed expansion of St Catherine’s Primary School, a copy of which was reproduced at Appendix 5 to the report, and he provided positive responses to the concerns of the petitioners relating to disruption due to building works, reduction in play space and the amount of resources and materials, increased traffic in the area, the creation of two large schools in very close proximity and the effects to the existing ethos of the school. He added that the Catholic Diocese of Hallam had been represented at all the public meetings held at St. Catherine’s Primary School and felt generally that the proposals were the correct way forward. He also gave an assurance that the proposals would cover forecast demand and that, in building new places, it was hoped to make the schools sustainable for the long term, in the event that the number of children dropped again at some time in the future.
RESOLVED: That, after having considered the information contained in the report now submitted and in the original report to Cabinet on 23rd May, 2007, together with the recommendation of the Executive Director Children and Young People (a) all necessary further steps be taken, including the publication of Statutory Notices and the transmission of any objections together with comments back to the authority;
(b) authority be given for the preparation of detailed design plans for all four sites included in the proposal: Pye Bank Church of England Primary, St Catherine’s Catholic Primary, Owler Brook Nursery and Infant and Whiteways Junior Schools; and
(c) further progress reports be submitted to this Cabinet as appropriate.
12. FINANCIAL ARRANGEMENTS – SPECIAL GUARDIANSHIP AND RESIDENCE ORDER ALLOWANCES
The Executive Director, Children and Young People submitted a report addressing the need for consistency of allowances for children cared for outside of their birth family on Residence, Special Guardianship or Adoption Orders, by introducing a standard means test for new orders made and locating the responsibility for the work within the Family, Adopters and Carers Team based in the Family Placement Service. He explained that Special Guardianship Orders offered an alternative form of permanence to children for whom adoption was not suitable and were introduced under the Adoption and Children Act 2002 and implemented in 2006. He stated that Residence Orders were introduced under the Children Act 1989 and the report proposed an annual visiting and assessment of all children on Residence Orders as part of the review process. He added that children subject to a Special Guardianship or Adoption Order had rights to reassessment under the Adoption and Children Act 2002.
RESOLVED: That (a) the implementation of the proposed scheme for the payment of Residence, Special Guardianship Order and Adoption Allowances be approved with immediate effect;
(b) resources currently being used to fund Adoption Allowances and Residence Order Allowances should now incorporate Special Guardianship Allowances and this be monitored and reviewed in 2007/8 with a view to setting a baseline budget for 2008/09;
(c) a Social Work post be identified to undertake qualitative annual reviews, to be funded from the Adoption and Children Act funding already in the Family Placement Service baseline budget;
(d) Adoption, Special Guardianship and Residence Order allowances made under this policy be subject to an annual Department for Schools, Children and Families means test; and
(e) payments outside the agreed policy be determined by the Director, Children’s Specialist Services/Senior Manager Fieldwork.
13. CITY OF SHEFFIELD (20 EARL MARSHAL CLOSE) COMPULSORY PURCHASE ORDER
With reference to a report considered by the Cabinet on 11th July, 2007 on proposals to make a Compulsory Purchase Order (CPO) in respect of 20 Earl Marshal Close, Fir Vale, in order to facilitate the development of the site for family housing, in accordance with the requirements of the Burngreave Fir Vale Masterplan, the Executive Director, Neighbourhoods and Community Care resubmitted the report with the plan showing the location of 20 Earl Marshal Close as required. The plan was also on display at the meeting.
RESOLVED: That (a) the City Council make a Compulsory Purchase Order under the powers conferred by Section 17 Housing Act 1985 in respect of the land coloured pink on the plan entitled “Map referred to in The City of Sheffield (20 Earl Marshal Close) Compulsory Purchase Order 2007” now displayed and submitted;
(b) notice of the making of the order be served upon all persons entitled thereto and be published as required;
(c) the draft statement of reasons prepared by the Director of Housing be approved and served on all persons entitled thereto;
(d) all other necessary steps be taken to enable the Order to be submitted for confirmation by the Secretary of State;
(e) the order be submitted to the Secretary of State for confirmation;
(f) the Assistant Chief Executive, Legal and Governance, be authorised to sign and serve any necessary notices or documents and to take all the other necessary actions to give effect to these recommendations; and
(g) the proposed arrangements for disposal and the preferential allocation of new housing at Earl Marshal shall be the subject of a further report.
(NOTE: Councillor Tim Rippon declared a personal prejudicial interest, as an employee of South Yorkshire Housing Association, in matters relating to the City of Sheffield (20 Earl Marshal Close) Compulsory Purchase Order).
14. SOUTHEY OWLERTON CENTRES STRATEGIC DELIVERY PLAN
With reference to the Southey Owlerton Neighbourhood Centres Strategy that was approved by the Cabinet on 12th January, 2005 and proposed that investment should be focused on four centres within the area, namely, Chaucer Buchanan (Old Parson Cross), Margetson Crescent (New Parson Cross), Herries Road/Busk Meadow/Four Greens (Shirecliffe and Longley) and Southey Magnet (Southey), with each developing a distinct role and function, the Executive Director, Neighbourhoods and Community Care submitted a report containing an executive summary of the Southey Owlerton Neighbourhood Centres Strategic Delivery Plan and seeking its approval, along with specific actions, as part of the delivery plan, for the development of the Chaucer Buchanan District Centre, Parson Cross.
RESOLVED: That (a) approval be given to the Southey Owlerton Neighbourhood Centres Strategy Delivery Plan and, in particular, Option 1 for the creation of a district centre at Chaucer Buchanan, as shown on the plan attached as Appendix 3 to the report now submitted;
(b) the Director of Housing and the Head of Capacity Planning and Development, in consultation with the Head of Corporate Property, be authorised to procure a developer/operator for the development of a foodstore on surplus playing fields at Chaucer Business and Enterprise College, shown as site A on the plan attached as Appendix 4 to the report, to agree terms and, in consultation with the Assistant Chief Executive, Legal and Governance and, subject to the approval of Cabinet to the terms of disposal, to negotiate terms with the developer;
(c) the Director of Housing be authorised to develop a procurement strategy for land at Wordsworth Avenue, shown as site B on the plan attached as Appendix 4 to the report, for the development of new commercial units with housing above, procure a developer in accordance with that strategy and, in consultation with the Assistant Chief Executive, Legal and Governance and, subject to the approval of Cabinet to the terms of disposal, to negotiate terms with the developer;
(d) the Head of Corporate Property be authorised to agree terms for the acquisition of 285 to 301 Buchanan Road, as shown on the plan attached Appendix 4 to the report, by negotiation;
(e) the Head of Corporate Property be authorised to dispose of land at Buchanan Road, shown as site C on the plan at Appendix 4 to the report, to Equity Solutions and Partners Limited at market value for the creation of a new Primary Care Centre and to request the Assistant Chief Executive, Legal and Governance to complete all necessary legal documents for completion of the disposal;
(f) the Director of Housing be authorised to develop a procurement strategy for land at Wordsworth Avenue, shown as site D on the plan at Appendix 4 to the report, to create a Library/Learning centre with housing above, to procure a developer in accordance with that strategy and to report back to Cabinet on the disposal;
(g) the Head of Corporate Property be authorised to dispose of the Parson Cross library at Margetson Crescent, as shown on the plan at Appendix 5 to the report, that will become surplus to requirement once the library moves to the Library/Learning Centre at market value and to request the Assistant Chief Executive, Legal and Governance to complete all necessary legal documents for completion of the disposal;
(h) the proposed use and priority of capital receipts arising from the above disposals, as set out in Section 6 of the report, be approved;
(i) the Director of Housing be authorised to negotiate terms with English Partnerships, in consultation with the Assistant Chief Executive, Legal and Governance, for funding to acquire sites, meet the funding gap to achieve design quality in the buildings and public realm, cashflow the development and otherwise assist in the delivery of the Southey Owlerton Neighbourhood Centres Strategy.; and
(j) subject to the requirements of the Council’s Constitution, the Director of Housing be authorised to take all necessary steps, up to the point where further Cabinet approvals would be needed, to progress the Southey Owlerton Neighbourhood Centres Strategy Delivery Plan, including the creation of a district centre at Chaucer/Buchanan, in accordance with the Cabinet approved Masterplans for Southey Owlerton.
(NOTE: The appendix to the above report was not available to the public and press because it contained exempt information described in part 3 of Schedule 12A of the Local Government Act 1972 as amended).
15. EXCLUSION OF THE PUBLIC AND PRESS
RESOLVED: That the public and press be excluded from the meeting before discussion takes place on the following item of business to be considered on the grounds that, if the public and press were present during the transaction of such business, there would be a disclosure to them of exempt information as described in Part 3 of Schedule 12A to the Local Government Act 1972, as amended.
16. SCOWERDONS, WEAKLANDS AND NEWSTEAD ESTATES
With reference to a previous report considered by Cabinet on 11th January, 2006, the Executive Director, Neighbourhoods and Community Care submitted a report on progress in negotiations with Home Group, the registered social landlord which is the preferred partner for the redevelopment of 1,039 homes at the Scowerdons, Weaklands and Newstead estates. The report explained the proposed changes to the scheme and sought authority to progress the scheme on terms contained within the report.
RESOLVED: That the Executive Director, Neighbourhoods and Community Care, in consultation with the Assistant Chief Executive, Legal and Governance, the Director of Corporate Resources and the Cabinet Member for Safer Neighbourhoods, be authorised to finalise the financial model and agree the final development agreement, in line with the principles set out in the report now submitted and agree the Development Agreement with Home Development Group Limited, for the redevelopment of the Scowerdons, Weaklands and Newstead estates.
How useful is this page?