Decisions

1.1         Considered the responses received to the informal consultation on the proposed introduction of a Controlled Parking Zone (CPZ) in Albert Road (part) and Eldon Park Area.

1.2         Agreed to proceed to the formal consultation stage for a proposal to extend the South Norwood CPZ into the section of Albert Road from the existing boundary by Coventry Road to its junction with Eldon Park, as illustrated on drawing number PD-405a.

1.3         If formal consultation is agreed, delegate to the Highway Improvement Manager, Public Realm Directorate the authority to give the notice.

As set out in the Part A report.

RESOLVED – That the Cabinet Member for Sustainable Croydon:

1.1         To consider:

a)    the responses received to the informal consultation on the options for the future of the Crystal Place and South Norwood Temporary Low Traffic Neighbourhood and other feedback.

b)    the Mayor of London’s Transport Strategy and the Council’s plan to implement it within the Borough (the Croydon Local Implementation Plan).

c)    the Council’s statutory duties, including its duties under the Road Traffic Regulation Act 1984, in particular its duties under s.9, s.121B and s.122, its duties under the Traffic Management Act 2004, in particular its duty under s.16, its duties under the Equality Act 2010, in particular under s.1 and s.149 (the public sector equality duty). .

d)    the statutory guidance ‘Traffic Management Act 2004: network management in response to COVID-19’ as updated on 13 November 2020.

e)    the other matters within and referred to within this report.

1.2         To agree to the removal of the measures implementing the Temporary Low Traffic Neighbourhood as soon as practicable and in any event prior to the implementation of the recommended Experimental TRO.

1.3         To request the following additional information to enable consideration of the recommendations 1.1 and 1.3 – 1.7 of the January 2021 report

a)     An addendum to the January 2021 report addressing the judgement of Mrs Justice Lang in the case of (R (UTAG & LTDA) v Mayor of London and TfL [2021] and the impact, if any, on the recommendations in respect of the proposed experimental order which were made to the Traffic Management Advisory Committee in the January 2021 report.

1.4         To request the following question be put to the Traffic Management Advisory Committee/officers/persons who made representations to the Committee/in response to the consultation to facilitate further consideration of the recommendations in paragraph 1.1 and 1.3 – 1.7 of the January 2021 report

a)     Following the preparation of the addendum to the January 2021 report, does the Traffic Management Advisory Committee endorse the recommendations 1.1 and 1.3 – 1.7 of the January 2021 report, or such other recommendation in the addendum, in respect of the proposed experimental order.

1.5         To request the additional information and questions be put to the Traffic Management Advisory Committee/officers/persons who made representations to the Committee/in response to the consultation to enable further consideration of the recommendations at 1.1 and 1.3 – 1.7 of the January 2021 report.

a)     Response from local school and how we will work with them to resolve their concerns

The two local schools have both expressed concern with regards access to their establishments by teachers and other staff. The team are to investigate how these concerns can be addressed to best effect for all concerned

b)     Access for care workers

The needs of our residents who require home care, be that via professionals or family members, must be considered so that they and their care givers are not disadvantaged by this scheme. Clarity needs to be given as to how the Council will deal with the essential needs of those affected.

c)     Access for car clubs

Car clubs do mean that there are less cars on our roads at any one time as households can rely on the use of such clubs almost entirely. Residents living within the zone that do not have access to their own car or rely from time to time on the use of car club alternatives should not be penalised for trying to reduce their reliance upon the ownership of a car or similar. The team is to investigate how car clubs can be incorporated into the operation of the zone in a similar way to Care Givers.

d)     Period of experimental order 

It is acknowledged that the Committee did not want the Experimental TRO to last beyond 12 months, with a review at that stage.

e)     Engagement with the London Borough of Bromley

Officers to report to TMAC on a regular basis to allow for the updating of the committee as we work together with Bromley to progress the scheme. Notwithstanding the above, since the meeting of TMAC I have been made aware of the judgment of Mrs Justice Lang in the case of (R (UTAG & LTDA) v Mayor of London and TfL [2021] EWHC 72 which has quashed the London Streetspace Plan and Transport for London’s “Interim Guidance to Boroughs”. Whilst I understand that the quashing order is stayed pending appeal by TfL, I consider it necessary to fully understand the impact of the judgment, if any, on the recommendations to the Traffic Management Advisory Committee, to take a decision in relation to the proposed Experimental Orders which will comprise the Low Traffic Neighbourhood.

1.1           To consider:

a)    the responses received to the informal consultation on the options for the future of the Crystal Place and South Norwood Temporary Low Traffic Neighbourhood and other feedback.

b)    the Mayor of London’s Transport Strategy and the Council’s plan to implement it within the Borough (the Croydon Local Implementation Plan).

c)    the Council’s statutory duties, including its duties under the Road Traffic Regulation Act 1984, in particular its duties under s.9, s.121B and s.122, its duties under the Traffic Management Act 2004, in particular its duty under s.16, its duties under the Equality Act 2010, in particular under s.1 and s.149 (the public sector equality duty). .

d)    the statutory guidance ‘Traffic Management Act 2004: network management in response to COVID-19’ as updated on 13 November 2020.

e)    the other matters within and referred to within this report.

1.2            To agree to the removal of the measures implementing the Temporary Low Traffic Neighbourhood as soon as practicable and in any event prior to the implementation of the recommended Experimental TRO.

1.3            To request the following additional information to enable consideration of the recommendations 1.1 and 1.3 – 1.7 of the January 2021 report

a)       An addendum to the January 2021 report addressing the judgement of Mrs Justice Lang in the case of (R (UTAG & LTDA) v Mayor of London and TfL [2021] and the impact, if any, on the recommendations in respect of the proposed experimental order which were made to the Traffic Management Advisory Committee in the January 2021 report.

1.4            To request the following question be put to the Traffic Management Advisory Committee/officers/persons who made representations to the Committee/in response to the consultation to facilitate further consideration of the recommendations in paragraph 1.1 and 1.3 – 1.7 of the January 2021 report

a)       Following the preparation of the addendum to the January 2021 report, does the Traffic Management Advisory Committee endorse the recommendations 1.1 and 1.3 – 1.7 of the January 2021 report, or such other recommendation in the addendum, in respect of the proposed experimental order.

1.5            To request the additional information and questions be put to the Traffic Management Advisory Committee/officers/persons who made representations to the Committee/in response to the consultation to enable further consideration of the recommendations at 1.1 and 1.3 – 1.7 of the January 2021 report.

a)       Response from local school and how we will work with them to resolve their concerns

The two local schools have both expressed concern with regards access to their establishments by teachers and other staff. The team are to investigate how these concerns can be addressed to best effect for all concerned

b)      Access for care workers

The needs of our residents who require home care, be that via professionals or family members, must be considered so that they and their care givers are not disadvantaged by this scheme. Clarity needs to be given as to how the Council will deal with the essential needs of those affected.

c)       Access for car clubs

Car clubs do mean that there are less cars on our roads at any one time as households can rely on the use of such clubs almost entirely. Residents living within the zone that do not have access to their own car or rely from time to time on the use of car club alternatives should not be penalised for trying to reduce their reliance upon the ownership of a car or similar. The team is to investigate how car clubs can be incorporated into the operation of the zone in a similar way to Care Givers.

d)      Period of experimental order 

It is acknowledged that the Committee did not want the Experimental TRO to last beyond 12 months, with a review at that stage.

e)       Engagement with the London Borough of Bromley

Officers to report to TMAC on a regular basis to allow for the updating of the committee as we work together with Bromley to progress the scheme. Notwithstanding the above, since the meeting of TMAC I have been made aware of the judgment of Mrs Justice Lang in the case of (R (UTAG & LTDA) v Mayor of London and TfL [2021] EWHC 72 which has quashed the London Streetspace Plan and Transport for London’s “Interim Guidance to Boroughs”. Whilst I understand that the quashing order is stayed pending appeal by TfL, I consider it necessary to fully understand the impact of the judgment, if any, on the recommendations to the Traffic Management Advisory Committee, to take a decision in relation to the proposed Experimental Orders which will comprise the Low Traffic Neighbourhood.

1.               Approve publication of the draft Purley Way Masterplan SPD for consultation (at Appendix 1 of the report) along with an executive summary consultation version (at Appendix 2 of the report) and supportive evidence documents (at Appendix 3 of the report), in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012;

2.               Delegate minor and/or factual changes to the draft Purley Way Masterplan SPD, prior to publication, to the Director of Planning and Strategic Transport in consultation with the Cabinet Member for Culture and Regeneration.

The Leader of the Council has delegated to the Cabinet Member for Culture & Regeneration (6620LR) the power to make the decisions set out in the below: 

RESOLVED: 

That the Cabinet Member for Culture & Regeneration agreed the Croydon Monitoring Report 2018/19 – Five Year Supply of Housing Land (attached as Appendix 1) for publication.

RESOLVED: To note

1.    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 4.1.1 of the report; and

2.    The list of delegated award decisions made by the Director of Commissioning and Procurement, between 25/11/2020 – 17/12/2020, as set out in section 4.1.2 of the report.

RESOLVED: To receive the recommendations arising from the Scrutiny & Overview Committee’s consideration of the Strategic Review of the Council’s Companies - Action Plan at the Committee meeting held on 21 December 2020, and to provide a substantive response within two months (i.e. at the next available Cabinet meeting on 22 March 2021.

RESOLVED: To agree the recommendations of the London Council’s Leaders Committee to:

1.    Approve the London Councils Grants Scheme budget for 2021/22 of £6.668m; and

2.    Agree Croydon Council’s 2021/22 contribution to the London Councils Grants Scheme budget amounting to £287,731. 

RESOLVED: To

1.    Note the draft capital programme, which excludes the Housing Revenue Account capital programme. Note the final capital programme will be presented for Full Council approval as part of the budget setting process;

2.    Recommend that Full Council approve amendments to the in year capital programme;

3.    Note the changes to the Public Works Loan Board (PWLB) borrowing requirements, include the need to provide an outline capital strategy to central government before any further borrowing is permitted;

4.    Note the proposal to review the Highways budgets alongside the Highways Strategy in the new financial year; and

5.    Cease the Asset Investment Board, as the Asset Acquisition Programme has stopped.

RESOLVED: To

1.    Agree the amendments to the RIPI action plan recommended by the Overview & Scrutiny Committee (Appendix 1);

2.    Agree the amendments to the RIPI action plan recommended by the General Purposes & Audit Committee (Appendix 2);

3.    Agree that the action plan (Appendix 3) should be updated accordingly;  and

4.    Note that in accordance with the resolutions of Council on 19 November 2020, Cabinet, alongside the General Purposes & Audit Committee, the Scrutiny & Overview Committee and Council, will receive quarterly reports detailing progress of delivering the action plan as part of quarterly progress monitoring reports from the forthcoming Council Improvement Board.

RESOLVED: To note the presentation.

RESOLVED: To

1.    Note the new enforcement powers available to the Private Sector Housing Enforcement and Trading Standards teams including the various responsibilities, duties and commencement dates.

2.    Adopt the proposed policy ‘Determining the Penalty and Banding the Offence’; attached as Appendix 1.  This policy covers the process to both:

·      Determine the Penalty - determine what is the most appropriate sanction to be taken against an offending landlord; and

·      Banding the Offence - where the sanction is a Financial Penalty, the level of penalty. 

3.    Resolve for the proposed policy ‘Determining the Penalty and Banding the Offence’ to supersede the existing policy “Determining the Penalty” which was approved on the 3^rd May 2017 and which the Council commenced using on the 8^th May 2017.

4.    Adopt the proposed revised Statement of Principles attached at Appendix 3 of the report which has been produced as required under regulation 13 of The Smoke and Carbon Monoxide (England) Regulations 2015 and agree to the publication of the Statement of Principles.

5.    Resolve for the proposed Statement of Principles attached at Appendix 3 of the report to  supersede the existing Statement of Principles, attached as Appendix 2 of the report, which was approved on the 3^rd May 2017 and which the Council commenced using on the 8^th May 2017”.

6.    Agree to the proposed policy ‘Determining the Penalty and Banding the Offence’ and proposed revised Statement of Principles to commence on the 1^st February 2021 in respect of powers created under the various enactments.

7.    Approve the revised proposed houses in multiple occupation licensing [“HMO”] fee payment arrangement that requires the applicant to make the same total payment under the scheme if the licence is successfully granted, but in two stages, Part A on application and Part B if the License is granted, as detailed in a fee structure section 18 of the report and documented in Appendix 4 (current fees) and Appendix 5 (proposed fees) of the report.

8.    Authorise the Council to include new or revised houses in multiple occupation licence conditions as detailed in section 17 of the report and documented in Appendix 6 (current conditions) and Appendix 7 (proposed conditions) of the report covering:

·         the safety of the electrical installation requirements, new condition 1.2.1; 

·         the revision of conditions 1.1, 1.2.2 and 1.2.3 to give a deadline of 14 days in which a licence holder must return a declaration to the Council on request;

·         the smoke and carbon monoxide alarm requirements, new condition numbers 1.3.1 and 1.3.2;

·         the control of anti-social behaviour, reworded condition 1.5 with new sections 1.5.2 and 1.5.3;

·         the storage and disposal of household waste requirement, new condition 1.6.1, 1.6.2, and 1.6.3; and

·         the introduction of minimum room standards in paragraph 2 and through 2.3 and 2.4, a system for managing breaches of 2.1 a landlord was not aware of.

9.    Agree to adopt the proposed revised fee charging mechanism for houses in multiple occupation applications attached as Appendix 5 of the report made on or after the 1^st February 2021.

10.Agree to adopt the proposed revised HMO licence conditions attached as Appendix 7 for new HMO licences issued on or after the 1^st February 2021.

11.Authorise officers to arrange the publication of the documentation, subject to updates to ensure that typographical matters, such as reference to draft and seeking Cabinet approval, are updated prior to publication.

RESOLVED: To

1.    Approve the funding formula for Croydon schools for the financial year 2021/22 for maintained schools, and the academic year 2021/22 for academies, in line with the recommendations of the School Forum:

a.    To agree for the phased implementation of the National Funding Formula in 2021/22 to ease the potential turbulence of moving to a hard formula at a later stage; and

b.    To agree the funding formula factors set out in Table 2 and paragraphs 3.10 to 3.31 of the report.

RESOLVED: To

School Admission

1.    agree to recommend to full Council that it determine the proposed community schools’ Admission Arrangements for the 2022/23 academic year (Appendix 1);

2.    approve the continued adoption of the proposed Pan London scheme for co-ordination of admissions to Reception and Junior schools as set out at Appendix 1a of the report; and adoption of the proposed Pan London scheme for co-ordination of admissions to secondary schools as set out at Appendix 1b of the report;

School Place Planning

3.    approve the Capital Programme Budget summary (as set out at Appendix 2 of the report);

School Maintenance and Compliance

4.    approve the proposed Schools’ Maintenance Plan (as set out at Appendix 3 of the report) for 2021/22 with an overall budget cost of £2.945m;

5.    Delegate authority to the Executive Director, Children, Families and Education to vary the proposed Schools’ Maintenance Plan to reflect actual prices and new urgent issues that may arise, including authorising spend against the allowance for emergency and reactive works. The Executive Director, Children, Families and Education shall report back to members in respect of any exercise of such authority;

School Place Planning

Academy conversion

6.    note the change of status of Woodcote Primary to an academy;

Early Years

7.    note the 2020 Childcare Sufficiency Assessment report as set out at  Appendix 4 of the report;

           Special Educational Needs and Disability(SEND)

8.    note that the SEND Estates strategies are contributing positively to the development of local provision maintaining some of our most challenging and vulnerable children and young people with SEND within their families and communities. For example, the:

9.    new special school – Addington Valley Academy - for severe and complex children with Autism Spectrum Conditions is underway and on schedule;

10.new school build for St. Nicholas Special School was completed and the school moved in over the last academic year;

11.Croydon College Coulsdon Pathways provision for students with SEND aged 19-25 is now in its third year and has been a great success;

12.review of the SEND estate – Red Gates / St. Giles / Priory - in terms of its quality, safeguarding and feasibility as approved by Cabinet in January 2020 is underway; and

Alternative Provision / Pupil Referral Unit (PRU)

13.note information on Alternative Provision / PRU.

RESOLVED: To

1.   consider the representations made in response to the statutory notice and consultations regarding the proposed closure of Virgo Fidelis Convent Senior School from August 2021; and

2.   approve the proposed closure of Virgo Fidelis Convent Senior School from August 2021.

RESOLVED: To

1.    Consider the representations made in response to the statutory notice and consultations regarding the proposed closure of Virgo Fidelis Convent Senior School from August 2021; and

2.    Approve the proposed closure of Virgo Fidelis Convent Senior School from August 2021.

RESOLVED: To extend by way of variation in accordance with Regulation 30 of the Council’s Tenders and Contracts Regulations the COVID 19 Response Emergency Accommodation contract awarded to the Lansdowne Hotel contract for an extension period of 7 months from the 31 October 2020 to the 31 May 2021 at an additional cost of £378,420 for a maximum aggregated contract value of £765,275.

As set out in the Part A Report.

The Cabinet Member for Children, Young People & Learning in consultation with the Cabinet Member for Resources and Financial Governance is recommended to approve the variation of the contract with Education Software Solutions (ESS) for support and maintenance of the CALAT management information IT system for an additional contract term of 6 years from 1st August 2021, at a further cost of £305k for a maximum aggregated contract value of £578k