Agenda and minutes

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED –  That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

RESOLVED – That the public be excluded from the meeting during consideration of the following parts of the agenda designated as exemption the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:-

(a)  Appendix 4 to the report referred to in minute 94 under the terms of

Access to Information Procedure Rule 10.4(3) and on the grounds that it is considered that it is not in the public interest to disclose this information at this point in time as it could undermine the method of disposal, should that come about, and affect the integrity of disposing of the property/site. Also it is considered that that the release of such information would or would be likely to prejudice the Council’s commercial interests in relation to this or other similar transactions in that prospective purchasers of this or other similar properties would have information about the nature and level of consideration which may prove acceptable to the Council. It is considered that whilst there may be  a public interest in disclosure, much of this information will be publicly available from the Land Registry following completion of any transaction and consequently the public interest in maintaining the exemption outweighs the public interest in disclosing this information at this point in time. 

(b)  Appendix 1 to the report referred to in minute 106 under the terms of

Access to Information Procedure Rule 10.4(3)  and on the grounds that the public interest in maintaining the exemption outweighs the public interest in disclosure in that the appendix, and the Outline Business Case, include commercial information where publication could be prejudicial to the Council’s interests.

(c)  The appendix to the report referred to in minute 99  under the terms of 

Access to Information Procedure Rule 10.4(3) and on the grounds that the public interest in disclosing the alternative funding strategy outlined in the appendix could be prejudicial to the Council’s ability to finalise the funding plans for the scheme and would therefore outweigh the public interest in disclosure of the information. 

A late item on the subject of Yorkshire Forward funding for the Leeds Arena had been admitted to the agenda as a late item  as a result of emerging information which required that the Board consider possible alternative funding arrangements in relation to the Arena development. If these matters were not considered at this meeting delays in the programme already commenced could result which would be detrimental to the scheme.

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

Councillor A Carter declared a personal interest in the item relating to the New Generation Transport Scheme (minute 101) as a member of the Regional Transport Panel.

Councillor Wakefield declared a personal interest in the items relating to Special Educational Needs (minute 95), The National Challenge and structural change to secondary provision (minute 96) and the September 2009 school admissions round (minute 105) as a school and Leeds College governor (Councillor Wakefield declared an interest in the same terms during the discussion under minute 93). 

To confirm as a correct record the minutes of the meeting held on 26^th August 2009 and 17^th September 2009.

RESOLVED –

(a)That the minutes of the meetings held on 26^th August and 17^th September 2009 be approved.

(b) That in receiving the minutes the Board noted that the four members referred to in the minute of 17^th September had met on 1^st October and received a paper on matters which had been agreed within the terms indicated by the Board and that consequently those members had authorised officers to proceed to conclude the transaction.

(c) That it be also noted that the Chair had agreed that a verbal update be received in the private part of the meeting with regard to the matters referred to in (b) above. Such verbal report to be exempt in the terms previously agreed for this matter and the imminence of the conclusion of the transaction being the reason for admission of the item.

To consider the report of the Director of Environment and Neighbourhoods regarding the Council’s response to the Department for Communities and Local Government’s consultation paper.

The Director of Environment and Neighbourhoods submitted a report on the Council’s response to the Department for Communities and Local Government’s consultation paper.

RESOLVED - That proposed response to the Governments consultation paper “Reform of council housing finance” be approved in accordance with the submitted report.

To consider the report of the Director of Environment and Neighbourhoods on the outcome of discussions which have taken place with the Bangladeshi Management Committee over a number of months in relation to the possible transfer to the Committee of the Bangladeshi Community Centre on a 50 year Full Repair and Insurance lease at less than best consideration.

The Director of Environment and Neighbourhoods submitted a report on the outcome of discussions which had taken place with the Bangladeshi Management Committee over a number of months in relation to the possible transfer to the Committee of the Bangladeshi Community Centre on a 50 year Full Repair and Insurance lease at less than best consideration.

RESOLVED –

(a) That approval be given to the principle of a fifty year lease for the Bangladeshi Community Centre at peppercorn rent to the Bangladeshi Management Committee to operate the premises as community facility for the benefit of the local residents.

(b) That the Director of City Development be authorised to approve the detailed terms and conditions of the lease.

(During the discussion of this item Councillor Wakefield declared a personal interest as a school and Leeds College governor).

To consider the report of the Director of City Development on the current position with regard to the former Royal Park Primary School and on the preferred options for the future.

Appendix 4 to the report is designated as exempt under Access to Information Procedure Rule 10.4(3).

The Director of City Development submitted a report on the current position with regard to the former Royal Park Primary School and on the preferred options for the future.

The report identified the following six possible options:

  i  Traditional marketing of the refurbishment opportunity

  ii  Convert to Council use

  iii  Deal exclusively with one interested party or invite best and final offers

  iv  Community Asset Transfer

  v  Disposal by way of auction

  vi  Immediate demolition of the main school buildings and the retention of the site until such time as the property market improves

Following consideration of Appendix 4 to the report designated as exempt under Access to Information Procedure Rule 10.4(3) which was considered in private at the conclusion to the meeting it was

RESOLVED –

(a) That the withdrawal of the preferred developer be noted.

(b) That the decision made at the meeting held on 22nd August 2007 be rescinded.

(c) That this Board declines the Royal Park Community Consortium’s request that no action be taken for a period of six months to allow the consortium time to develop funding applications which might, subsequently, lead to the lease or transfer of the ownership of the property.

(d) That this Board notes the negotiations that have taken place with the two organisations seeking to acquire the property, at market value, and refurbish it for subsequent use, instructs that the Director of City Development invites unconditional best and final financial offers from these two organisations in accordance with the terms of the report including business plans illustrating the ability of the bidder to guarantee the long term sustainability of the building, the latter representing 30% of the marks in any assessment, notwithstanding the outcome of any assessment, the bidders be advised that the Council will be under no obligation to accept either of the offers and that the purchaser must demonstrate the financial capacity not only for the purchase but also to address the very substantial cost of the refurbishment that would be required.

(e) That the decision at (d) above shall not preclude the consideration of a  bid from another party submitted in the same terms as those detailed above. 

To consider the report of the Chief Executive of Education Leeds providing an

overview of the recent activity undertaken as part of the Leeds Inclusive Learning Strategy and introducing a new discussion document and accompanying appendices aimed at progressing the strategy.

The Chief Executive of Education Leeds submitted a report providing an

overview of the recent activity undertaken as part of the Leeds Inclusive Learning Strategy and introducing a new discussion document and accompanying appendices aimed at progressing the strategy.

RESOLVED –

(a) That current and ongoing discussions with partners, stakeholders and parent/carers during the Autumn Term 2009 on the discussion document  be noted and approved.

(b) That the developmental priorities and emerging Action Plan for 2009/10 be noted.

To consider the report of the Chief Executive of Education Leeds presenting options and recommendations for delivering the next phase in structuring secondary provision in Leeds, and in particular, the response to the Government’s National Challenge initiative.

Further to minute 217 of the meeting held on 4^th March 2009 the Chief Executive of Education Leeds submitted a report presenting options and recommendations for delivering the next phase in structuring secondary provision in Leeds, and in particular, the response to the Government’s National Challenge initiative.

Members also had before them a letter from the NUT, NASUWT and ATL trade unions regarding the same matter

RESOLVED – That the proposals detailed in section 5.2 of the submitted report be adopted.

(Under the provisions of Council Procedure Rule 16.5 Councillor Wakefield required it to be recorded that he voted against this item).

The Deputy Chief Executive submitted a report providing an update on progress and providing budget implications associated with the delivery of the Chapeltown and Harehills Joint Service Centres.

The Deputy Chief Executive submitted a report providing an update on progress and providing budget implications associated with the delivery of the Chapeltown and Harehills Joint Service Centres.

RESOLVED –

(a) That the successful financial close on 12^th June 2009, which was within the maximum affordability deficit of £396,000 approved at Executive Board of 4^th March 2009, be noted.

(b) That the final affordability position at financial close, as set out in Table A of the report be approved.

(c) That the £600,000 capital receipt, received from LIFT Co (Community Ventures Leeds Ltd) for the sale of the two Joint Service Centre sites at Chapeltown and Harehills, be formally ring fenced to the JSC project and used for Stamp Duty Land Tax, temporary library bus and other ICT costs, as set out in Table B of the report.

(d) That the revenue expenditure for the provision of ICT and furniture and fittings to the new Joint Service Centres, as set out in Table B of the report be approved.

To consider the report of the Assistant Chief Executive (Planning, Policy and Improvement) on the background to the ‘2010: A Year of Volunteering’ initiative in Leeds and outlining progress in relation to developing a programme of activities and arrangements in this respect.

The Assistant Chief Executive (Planning, Policy and Improvement) submitted a report on the background to the ‘2010: A Year of Volunteering’ initiative in Leeds and outlining progress in relation to developing a programme of activities and arrangements in this respect.

RESOLVED –

(a) That the proposal to make 2010 Leeds Year of Volunteering be endorsed.

(b) That additional activities and events that will contribute to making the year a success for the city be sponsored and endorsed.

The Director of City Development submitted a report on the potential outcome that the Government would not agree to authorise the Yorkshire Forward funding, in whole or in part, for the above scheme and on an alternative strategy to secure progress of the scheme in the event of that outcome.

Following consideration of the appendix to the report, designated as exempt under Access to Information Procedure Rule 10.4(3) which was considered in private at the conclusion of the meeting, it was

RESOLVED –

(a) That the alternative funding strategy as outlined in the exempt appendix to the report be approved in order to ensure that the Leeds Arena scheme can progress as planned, should the government not agree to the release of the whole of the £18,000,000 Yorkshire Forward funding which had been proposed.

(b) That a Design and Cost Report for the scheme be brought back to this Board upon completion of RIBA Stage D design by the Council’s design team in order that the design and cost freeze for the project can be agreed. 

To consider the report of the Director of City Development providing an overview of proposals being developed to implement a strategic approach to the longer term development of cycle facilities and routes within Leeds.

The Director of City Development submitted a report providing an overview of proposals being developed to implement a strategic approach to the longer term development of cycle facilities and routes within Leeds.

RESOLVED –

(a) That the design and implementation of the proposed Leeds Core Cycle Network Project be approved, subject to financial approvals and regulation.

(b) That authority be given to incur £1,311,500 works and £135,500 supervision fees and monitoring, for the following routes that form part of the proposed Core Cycle Network Project, to be funded from the Integrated Transport Scheme 99609 within the approved Capital Programme:

   (i) Route 16 Wyke Beck Way (Roundhay Park to Easterly Rd section)

   (ii) Route 5 Cookridge - City Centre

    (iii) Route 3 Middleton – City Centre

    (iv) Route 15 Alwoodley – City Centre.

To consider the report of the Director of City Development outlining the progress made to date on the development of the  New Generation Transport (NGT) proposals and detailing the key information for inclusion within the project’s Major Scheme Business Case (MSBC) which proposed for submission to the Department of Transport  in the latter half of October.

The Director of City Development submitted a report outlining the progress made to date on the development of the  New Generation Transport (NGT) proposals and detailing the key information for inclusion within the project’s Major Scheme Business Case (MSBC) proposed for submission to the Department of Transport  in the latter half of October 2009.

RESOLVED –

(a) That a Major Business Scheme Case for NGT be submitted in October  2009, based on the scheme options as set out in Section 2.4 of the submitted report.

(b) That the proposed approach for delivering the 10% local contribution to the scheme as set out in Section 3.4.4 of the report be approved.

(c) That the City Council share of the ‘Additional Risk Layer’ of the project be underwritten  as set out in Section 3.4.6 of the report.

To consider the report of the Director of Children’s Services on the proposed locations of the six remaining playbuilder sites as recommended by the Strategic Play Partnership and on proposals to progress to development of those six sites.

The Director of Children’s Services submitted a report on the proposed locations of the six remaining playbuilder sites as recommended by the Strategic Play Partnership and on proposals to progress to development of those six sites.

RESOLVED –

(a)That the proposed six sites as recommended by the Strategic Play Partnership be approved.

(b) That scheme expenditure for Cross Flatts, Seacroft Gardens, Horsforth HIPPO and Naburn Close Park be authorised.

(c) That authority be given to proceed with Tinshill Garth and Butcher Hill subject to agreement on long term maintenance and inspection being secured.

To consider the report of the Chief Executive of Education Leeds on the proposed statutory consultation process for the expansion of primary provision.

The Chief Executive of Education Leeds submitted a report on the proposed statutory consultation process for the expansion of primary provision.

RESOLVED –

(a) That statutory formal consultation be undertaken on the prescribed alterations to permanently expand the primary schools identified in paragraph 3.3 of the submitted report.

(b) That formal consultation be undertaken on a proposal at New Bewerley Primary School, in addition to the proposed expansion within (a) above, to add community specialist provision  for up to 14 pupils with complex medical, physical needs.

(c) That a report detailing the outcome of these consultations be brought back to this Board in Spring 2010.

(d) That it be noted that proposals for further primary school expansion from 2011 onwards are being developed and will be the subject of further reports to this Board.

(Under the provisions of Council Procedure Rule 16.5 Councillor Wakefield required it to be recorded that he abstained from voting on this matter).

To consider the report of the Chief Executive of Education Leeds regarding proposals to undertake consultation with respect to permanently expanding Richmond Hill Primary School by one form of entry from September 2012.

The Chief Executive of Education Leeds submitted a report on proposals to undertake consultation with respect to permanently expanding Richmond Hill Primary School by one form of entry from September 2012.

RESOLVED  -

(a) That formal consultation be undertaken on the proposal to permanently expand Richmond Hill Primary School by one form of entry to three forms of entry with effect from September 2012.

(b) That a report detailing the outcome of these consultations be brought back to this Board in Spring 2010.

To consider the report of the Chief Executive of Education Leeds providing a range of statistical information on the 2009 admission round for community and controlled schools.

The Chief Executive of Education Leeds submitted a report providing a range of statistical information on the 2009 admission round for community and controlled schools.

RESOLVED – That the report and the statistical information therein be noted.

(Under the provisions of Council Procedure Rule 16.5, Councillor Wakefield required it to be recorded that he abstained from voting on this matter).

To consider the joint report of the Director of Adult Social Services and the Director of City Development on the proposed submission of the Outline Business Case for Holt Park Wellbeing Centre to the Department of Health for approval.

Appendix 1 to the report is designated as exempt under Access to Information Procedure Rule 10.4(3).

The Director of Adult Social Services and the Director of City Development submitted a joint report on the proposed submission of the Outline Business Case for the Holt Park Wellbeing Centre to the Department of Health for approval.

Following consideration of  Appendix 1 to the report designated as exempt under Access to Information Procedure Rule 10.4(3) which was considered in private at the conclusion of the meeting it was

RESOLVED –

(a) That the report be noted and approval given for the submission of the Outline Business Case for the Holt Park Wellbeing Centre project to the Department of Health.

(b) That approval be given to the affordability implications over the life of the proposed PFI contract for the Centre, summarised in table 1 of the exempt appendix to the report, and that officers be authorised to issue the Council’s affordability thresholds relating to the PFI project to the LEP and to Environments for Learning.

(c) That the governance of the Centre be under the Education PFI Project Board in accordance with paragraph 8.7 of the report.

(d) That the decision of the Director of City Development to approve the delivery of the project through the LEP, as described in paragraph 8.2 of the report, be noted and supported.

(e) That the Project Initiation Document for this project be noted

Further to minute 87 of the meeting held on 17^th September 2009 the Board received a verbal update on progress of the above transaction in private at the conclusion of the meeting and

RESOLVED  - That the Chair, the Executive Member (Development and Regeneration), and the Leaders of the Labour and Morley Borough Independent groups be briefed on 15^th October 2009 as to the position prior to the conclusion of the transaction on the same day.

DATE OF PUBLICATION:  16^th October 2009

LAST DATE FOR CALL IN: 23^rd October 2009

(Scrutiny Support will notify Directors of any items called in by 12:00 noon on 26^th October 2009)