Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

Decisions published

13/09/2021 - Revision of the Licensing Policy under the Licensing Act 2003 ref: 1468    Recommendations Approved

Following public consultation on the proposed revisions to the Councils Statement of Licensing Policy under the Licensing Act 2003 a Cabinet Member Decision is required for the approval of the final revisions of the Licensing Policy, specifically the inclusion of three new policies for ancillary deliveries, delivery centres and shops, the removal of the off licence conditions and other minor amendments to other policies to reference the new policies or enable their implementation and refer it to Full Council for adoption.  

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 13/09/2021

Effective from: 13/09/2021

Decision:

The Cabinet Member for Business, Licensing and Planning is asked to consider the revisions to the Statement of Licensing Policy as attached at Appendix 2 and recommend to Full Council that the Policy is approved and adopted in accordance with section 5 of the Licensing Act 2003 (the Act).

Reasons for Decision 

 

1)    The Council has published its five-year Statement of Licensing Policy (SLP) with respect to the exercise of its licensing functions.  The current SLP has been effective from the 7th January 2021 and the end of the current policy period will be on the 6th January 2026 and is used to determine licensing applications under the framework of the Act.  However, the Council as the Licensing Authority is required to keep that policy under review and make such revisions to it as it considers appropriate.

 

2)    The increase in the number of premises in Westminster offering delivery services is a development that the Licensing Authority considers justifies a revision to the SLP.  This increase has been particularly noticeable since the onset of COVID-19, especially as restrictions ease.  Westminster’s Licensing Policy does not currently have specific policies for deliveries. These proposals address this specific issue in order to support licensed businesses within Westminster to grow and diversify in a safe, responsible and positive way whilst also addressing residents’ concerns and ultimately promote the four licensing objectives.

 

3)    Before revising its SLP the Licensing Authority must consult on those proposed revisions.  The duty to consult is mandatory and the proposals are to be advertised externally.  The responses received are to be properly considered by the Licensing Authority with an explanation given to each of the responses that is fair and balanced.  The Licensing Authority has concluded its consultation on its proposed revisions to the SLP and is now required to present it to Full Council for review and consideration so that the revised SLP can be adopted.  The Licensing Act 2003 requires that the SLP is reviewed and approved by Full Council and therefore if the Cabinet Member considers the revisions to the SLP acceptable the Cabinet Member is asked to recommend the revised SLP to Full Council for approval. 

 

Wards affected: (All Wards);

Lead officer: Kerry Simpkin


10/09/2021 - Westminster CIL and S106 - Project Allocations ref: 1467    Recommendations Approved (subject to call-in)

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 10/09/2021

Effective from: 18/09/2021

Decision:

1.0.         Recommendations

 

1.1.         The Cabinet Member is asked to approve the following Neighbourhood CIL bids for allocation:

 

i)                Reconfiguration of St Johns Wood High Street

ii)               Green Roof Terrace for St Marylebone CE School

iii)             Metropolitan Police Service CCTV Installations for Westbourne (in principle)

iv)             Additional Catenary Infrastructure for the West End

 

1.2.         The Cabinet Member is asked to defer the following applications:

 

v)              The Pineapple Project at St Mary’s Bourne Street

vi)             Community Hire Space for the Church of Our Lady of Lourdes & St Vincent de Paul.

 

2.0.         Reasons for Decision 

 

2.1.         In order to ensure robust and effective expenditure and reporting in line with the Community Infrastructure Levy Regulations 2010 (as amended) and in accordance with the council’s strategic priorities, CIL spending policy statement and its framework for resource allocation and management.

 


10/09/2021 - Victoria Business Library ref: 1466    Recommendations Approved

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 10/09/2021

Effective from: 10/09/2021

Decision:

 

Recommendations

This paper seeks agreement for the following desk hire rates:

Desk type

Hire rate

Fixed desk: single (per month)

£195.00

Fixed desk: group of four (per month)

£585.00

Hot-desking: monthly

£95.00

Hot-desking: weekly

£45.00

Hot-desking: daily

£20.00

 

In a previous conversation with the cabinet member these charges were discussed, and it was agreed that the charges may need to be flexible within a similar range, including offering promotional prices. This is due to this being an entirely new service and space which needs to be launched to understand demand.

 

Reasons for Decision 

 

The recommendation is being made due to new charges being required for the new co-working space that will be introduced as part of the new business library. The business library will provide a number of free services (business resources, enquiries and events) as well as a secure co-working space with ‘for hire’ desk spaces.

 

Wards affected: Warwick;

Lead officer: Erin Caseley


09/09/2021 - Transfer of School Land ref: 1463    Recommendations Approved

The Council is required to transfer the title of land which it holds for the purposes of a school which falls within the remit of the School Standards & Framework Act 1998.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 09/09/2021

Effective from: 09/09/2021

Decision:

2.        Recommendations

2.1       The Cabinet Member for Cabinet Member for Finance and Smart City approved the transfer of freehold titles at St Augustine’s CE Primary School, St Mary of the Angels RC Primary School, and Westminster Cathedral RC Primary School, as set out in paragraph 4.4 below, in accordance with the provisions of the School Standards & Framework Act 1998.

 

3.         Reasons for Decision 

 

3.1       Under the School Standards & Framework Act 1998 (the Act) the City Council is required to transfer land (other than playing fields) which is held or used by a local authority for the purposes of the school to the governing body, the foundation body or the trustees of any school that falls within the remit of this legislation. The land is to be transferred for nil consideration, to be held by them for the purposes of the school. The City Council in accordance with the Act will be responsible for the legal costs of the Diocese of the Roman Catholic Church and the London Diocesan Board for Schools (Church of England) in respect of each transfer.

 

3.2     Schools which fall within the remit of the Act are usually, but not limited to, the following: foundation schools, voluntary controlled and voluntary aided schools and foundation special schools.

 

3.3       The Diocese of the Roman Catholic Church and the London Diocesan Board for Schools (Church of England) (Diocesan authorities) are entitled under the Act to the transfer to them of the land forming the various school sites listed in this report and the Diocesan Authorities have requested the City Council to carry out these transfers.

 

Wards affected: Maida Vale; Tachbrook; Westbourne;

Lead officer: Ian Heggs


06/09/2021 - Alternative Provision and Behaviour Outreach Contract ref: 1460    Recommendations Approved

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 06/09/2021

Effective from: 14/09/2021

Decision:

1.     Recommendations

1.1. A contract for the provision of full-time alternative provision (AP) education from Latimer and Beachcroft AP Academies to be directly awarded to Ormiston Academy Trust (OAT).

 

1.2. To waive the Contract Regulations’ requirement for competitive tendering prior to contract award to make this direct award for full-time AP to OAT for a period of twelve months from September 2021, with the option to extend the contract for a further period of three years, dependent on a successful negotiation between WCC and OAT. In WCC, the value of the initial twelve-month term for the AP contract is £603,500 and the estimated value of the three-year extension period is £1,906,288.

1.3. A contract for the provision of behaviour outreach (off-site managed intervention placements for secondary students from the Westminster Education Centre (WEC) and Golborne Education Centre (GEC) and on-site behaviour interventions for primary pupils) to be directly awarded to OAT.

 

1.4.To waive the Contract Regulations’ requirement for competitive tendering prior to contract award to make this direct award for behaviour outreach to OAT for a period of twelve months from September 2021, with the option to extend the contract for a further period up to one year, with a three-month break clause, dependent on a successful negotiation between WCC and OAT and on the outcome of a service review in line with the principles set out in the Bi-Borough Inclusion Strategy ahead of approaching the market with a competitive tender to deliver these services. The value of the initial twelve-month term for the behaviour outreach contract is £244,000 and the estimated value of the one-year extension period is £244,000[1].

 

2.     Reasons for Decision

 

2.1. It is recommended that arrangements are made for the provision of these services in order to meet the following duties:

 

·           The Local Authority has a statutory duty to arrange and fund full time education provision for children and young people who are permanently excluded from school. We are also responsible for children who have had trouble getting a school place and who are placed via the Fair Access Panel (FAP).

 

·           Schools have a duty to arrange and fund education provision for children and young people who receive a fixed term exclusion (from the sixth day). Schools are also responsible for children and young people who are directed off-site for short term interventions to improve their behaviour.

 

2.2. The provision of these services is currently covered by a Service Level Agreement (SLA), which is set to expire in August 2021. Published guidance does not detail any expectations for whether a contract or SLA should be put in place for this type of service. Over the last few years other LAs have moved away from SLA arrangements for these services in favour of contracts that provide more robust legal assurances and protections[2]. Therefore, it is recommended that these arrangements are formalised under a contract.

 

2.3. The recommendation to waive the Procurement Code’s requirement for competitive tendering and to directly award the contracts to OAT is made because:

 

·           There is a risk that if this contract was to go out to the market with a September 2021 start it would not be attractive to smaller providers who do not already have the backing of the DfE. The current Multi-Academy Trust (MAT) responsible for the delivery of these services on behalf of WCC is in the process of being dissolved, and the transfer of the TBAP academies to OAT by September 2021 is being overseen and managed by the Regional Schools Commissioner (RSC). The TBAP academies are currently loss-making and therefore OAT, as one of the largest MATs in the country, has been identified by the RSC as a provider that will be able to transform the service into one that is financially viable. This will help to provide some much-needed stability to the delivery to this statutory provision.

 

·           Market research has indicated that there are no other AP settings within the borough that would be in a position to deliver the volume of provision that is required to meet need in WCC. In addition to this, there are children and young people living in Westminster who are currently on roll at Latimer and Beachcroft AP Academies. Directly awarding the contract to OAT would ensure continuity for these placements and avoid destabilising children and young people who are already at risk of poorer educational and life outcomes than their peers.

 

2.4. The recommendation to include an option to extend the contract for AP education for a period of three years after the initial term is made because:

 

·           As part of their due diligence process, OAT is keen to establish the financial viability of the academies before committing to take them on as the new MAT sponsor. There is a risk that without a commitment from WCC to explore a longer-term arrangement with OAT, their Board of Trustees will not agree to take over the sponsorship of the academies and there will be no provider in place for the 2021/22 academic year.

 

·           There is an ongoing requirement for WCC to invest High Needs Block (HNB) funding into Beachcroft AP Academy, whether or not commissioning arrangements to use this provision are in place. As the academy was previously an in-house PRU it continues to be the duty of WCC to provide the place funding for this setting, at a rate of £10,000 per place.

 

2.5. The recommendation to include an option to extend the contract for behaviour outreach for a period of up to one year is made because:

 

·           Although likely that the extension period will be asked for, commissioners want the flexibility to vary and extend the contract after the initial period to ensure the service is meeting need and is delivering value for money. Following the development of the Bi-borough Inclusion Strategy (due to be launched during the 2021 Summer term) there are several related areas of work to pilot targeted interventions for children and young people at risk of exclusion. These pilot programmes will commence in September 2021 and the impact of these interventions will not be seen for at least two terms which will not afford enough time to run a competitive procurement based on this learning.

 

2.6. The level of investment from the HNB into the AP contract reflects a reduction in the per place contributions for managed moves as the referring mainstream schools will be asked to contribute to the cost of delivering these places from September 2021. The onus will be on the new provider (OAT), with support from the Local Authority, to agree future contributions from schools to ensure there is no funding gap for non-statutory provision.  This change reflects the ambitions of the inclusion strategy as it is expected to increase accountability for the young people placed into AP. This change will help to ensure that the right placements are being arranged at the right time, that all avenues have been explored before a managed move into AP is considered and that opportunities for reintegration into a mainstream setting are proactively pursued.

 



[1] There are other targeted elements of the current SLA that would not be included in the proposed contract as they will continue to be purchased through micro-commissioning arrangements, for example children with an AP setting named on their EHC plan taking up special school places.

[2] A contract deals with provisions that the SLA does not including Information Governance and information sharing, insurance and indemnity, TUPE, termination provisions, confidentiality, payment provisions, default provisions, premises and property requirements, subcontracting and novation.

Wards affected: (All Wards);


03/09/2021 - Additional Restrictions Grant (ARG) Scheme - Tranche 3 Proposal ref: 1449    For Determination

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 03/09/2021

Effective from: 03/09/2021

Decision:

Recommendation

That the proposal to support businesses most impacted by the government’s four-week extended lockdown restrictions (from 21st June – 19th July 2021), as outlined in Section 5 of this report, are approved.

 

Reasons for Decision 

The proposal outlined in section 5 of this report seeks to provide crucial support to those business groups who are considered to be most impacted within the borough by the four-week extension to lockdown restrictions for the period between 21st June – 19th July 2021. This is in line with the government’s request that local authorities support these businesses within the third tranche of funding that they have been allocated.

 

Wards affected: (All Wards);


02/09/2021 - Approval of Expenditure from the Ward Budget of Abbey Road, Bryanston and Dorset Square, Church Street, Hyde Park, Marylebone High Street, Regent’s Park and West End ref: 1448    For Determination

Decision Maker: Leader of the Council

Decision published: 02/09/2021

Effective from: 02/09/2021

Decision:

That the Leader of the Council approves the release of funds in the amount of £10,232.28 in respect of the above proposal, from the ward members of Abbey Road, Bryanston and Dorset Square, Church Street, Hyde Park, Marylebone High Street, Regent’s Park and West End as detailed in the report.

 

Wards affected: Abbey Road; Bryanston and Dorset Square; Church Street; Hyde Park; Marylebone High Street; Regent's Park; West End;

Lead officer: Clare O'Keefe


20/08/2021 - Support to flood-affected Westminster residents ref: 1417    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 20/08/2021

Effective from: 20/08/2021

Decision:

The Cabinet Member for Communities and Regeneration approved:

 

The proposed expenditure of £4,900.00 from the Harrow Road Ward Budget leaves £22,550.00 remaining for allocation in the current financial year.

 

The proposed expenditure of £9,100.00 from the Maida Vale Ward Budget leaves £28,600.03 remaining for allocation in the current financial year.

 

 

£14,000.00 will enable One Westminster to support residents of Harrow Road and Maida Vale affected by recent flooding. The organisation has launched a fundraising appeal as many residents in these wards are not insured due to living in poverty or on very low incomes. The funding will be used to contribute to running an emergency response grant scheme to which residents can apply for support. Approximately 130 Maida Vale and 70 Harrow Road households will benefit from this support.

 

 

 

Wards affected: Harrow Road; Maida Vale;

Lead officer: Naomi Ariama


20/08/2021 - 10 Orange Street Lease Renewal ref: 1418    Recommendations Approved

Short length new lease with existing tenant of whole building on flexible terms for both parties and in line with current market conditions

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 20/08/2021

Effective from: 29/08/2021

Decision:

Recommendations

1.      The appendices to the Report is exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding).

2.      The Cabinet Member approved to the grant of the proposed new lease and gave delegated authority to the Director of Property and Strategic Asset Management in conjunction with the Director of Law to enable the agreed final form of legal documentation to be executed and completed.

Reasons for Decision

The key reasons and rationale for supporting this decision are as follows: 

(1)  The grant of a new Lease will maintain an income stream form the subject investment property albeit the net receipts will be considerably less than that under the previous lease once the proposed rent free and adjustments are taken into account. 

(2)  The continued occupation of the Building will mean the Council will not be liable for any potential void costs nor the risks and costs associated with securing a new occupant

(3)  The relatively short term and flexibility proposed within the new Lease gives the Council a sufficient time-frame to consider and agree a longer term strategy for the Building in conjunction with its other neighbouring investment property interests.

(4)  An external rental valuation has been carried out and the agreed terms represent the best consideration obtainable by the Council in the current market conditions.

 

Wards affected: St James's;

Lead officer: Philip Owen


16/08/2021 - Ebury Bridge Estate (Phase 1) Final Business Case ref: 1419    Recommendations Approved

This document summarises the final business case for proceeding with the phase 1 development at Ebury Bridge Estate, decisions required and award of contract to the building contractor.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 16/08/2021

Effective from: 24/08/2021

Decision:

2.              Recommendations

 

2.1          That Appendices 1, 2 and 4 of this report are exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A Part 1, paragraph 3 (as amended), in that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

2.2          That Cabinet Member for Communities and Regeneration and the Cabinet Member for Finance and Smart City:

 

2.2.1     Approved the FBC for Phase 1 of the Ebury Bridge renewal scheme as set out above and in Appendix 1 and supported by Appendix 2 and 3 of this report.

2.2.2    Subject to 2.2.1 approved the appointment of Bouygues (U.K.) Limited (BYUK) as the Main Contractor to deliver the construction work on Phase 1 of the scheme, all associated spend in accordance with the terms and conditions of the contract and the completion of all necessary contractual documentation associated with this appointment.

2.2.3    Subject to compliance with the minimum commercial assumptions in this report and the FBC with regards to the Phase 1 intermediate units, delegated authority to the Executive Director for Growth, Planning and Housing to approve the relevant documentation to give effect to the lawful disposal of the Phase 1 intermediate rent units to WHIL and thereafter for the Council to enter into those agreements.

2.2.4    Subject to the Commercial Gateway Review Board (CGRB) endorsement and recommendation to approve from the appropriate Executive Leadership Team member, approved the appointment of Cundall Johnston & Partners LLP (CJ&P LLP), the recommended contractor as the compliance monitoring team for Phase 1 delivery at a contract value of £5,888,842.

2.2.5    Approved expenditure for the compliance monitoring team for Phase 1 delivery of £1,709,918.

2.2.6    Noted the current position in relation to the scheme viability for all phases of delivery.  

2.2.7    Noted the intention to undertake soft market testing and eventual procurement of an external provider to deliver all housing and estate management services required for both Phase 1 and future phases for an initial delivery period.

2.2.8    Noted the intention to undertake soft market testing and eventual procurement of an external provider to deliver the energy maintenance and management services on the scheme. 

 

3.              Reasons for the Decision

 

3.1.         Identified in the 2010 Housing Investment Strategy, the regeneration of the Ebury Bridge estate is a key priority for the City Council.

 

3.2.         The Council is satisfied that the redevelopment of the estate will contribute towards meeting the City for All objectives, in particular the ‘Vibrant Communities’ and ‘Greener and Cleaner’ pillars.

 

3.3.         Following the City Council’s approval of Scenario 7, the full redevelopment of the existing estate, significant progress has been made in preparation for the delivery of the renewal scheme.

 

3.4.         Of the 336 households originally residing on the estate, 239 households have been successfully re-housed elsewhere in the City. This has been achieved without the use of compulsory purchase powers or legal enforcement action.

 

3.5.         140 households have indicated they wish to return to the redeveloped estate and remain in regular dialogue with the project team about their move back.

 

3.6.         The vacant possession of blocks across the estate has enabled land assembly work to progress at pace. This has included the demolition of 7 of the 13 existing residential blocks, ground investigations, utility diversions and initial groundworks that have prepared the Phase 1 site for redevelopment. The Phase 1 programme allows for the successful completion of all necessary Phase 1 site preparation works for the main works, piling activity, to commence in November 2021.

 

3.7.         The procurement of a design and build contractor was successfully undertaken and BYUK have been working with the team under a Pre-Construction Services Agreement (PCSA) and have offered a value for money fixed price works package for the delivery of Phase 1.  Construction activity, inflation, materials pricing and labour shortages are increasing the cost of construction within the market and it’s important to secure the Phase 1 fixed price offered to ensure no adverse movement in the Phase 1 and overall scheme viability.

 

3.8.         Following a thorough and detailed pre-planning consultation period, the scheme received unanimous planning approval in April 2021. The consent enables the construction of Phase 1 of the scheme pending completion of the unilateral undertaking and the discharge of pre-commencement conditions.  The team are well advanced in agreeing the unilateral undertaking and gaining GLA approval and preparations to discharge the pre-commencement conditions are underway to ensure a timely commencement of on-site activities and delivery of the reed programme.

 

3.9.         A Unilateral Undertaking has been agreed with the Local Planning Authority and has now been issued to the GLA with their approval expected in early August.  Full planning approval in early August will ensure a start on site date of Phase 1 in September 2021, with main works commencing in November 2021 with practical completion in March 2024.  This programme is reflected in the Phase 1 fixed price and contractual terms negotiated with BYUK.

 

3.10.     The required land appropriation for Phase 1 also needs to be undertaken for the purposes of planning and the successful delivery of Phase 1. A thorough assessment of the implications of the Phase 1 and entire development have been undertaken by the team, local consultation and negotiation is underway as we have been advised and approval is now required for us to complete the formal appropriation process from a legal and financial perspective.

 

3.11.     The required team is in place, to effectively client and successfully deliver the Phase 1 development, with the exception of the Compliance Monitoring Team (CMT), that will ensure that BYUK deliver the Phase 1 homes to the required design quality and safety requirements that have been specified.  Subject to Gate 3 approval, the procurement of the CMT has been concluded and a preferred contractor is recommended for appointment.  Further details of this procurement and the recommended award is provided in Appendix 4 of this report.  

 

3.12.     The FBC has been produced supporting the recommendation that the City Council takes the lead in the delivery of Phase 1 of the Ebury Bridge scheme, thereby evidencing:

 

·       A compelling case for change;

·       Maximising value for money, including wider social, environmental and economic benefits;

·       Successful delivery by the Council and its contractors.

 

3.13.     The approvals 30% of the total construction costs associated with the Ebury regeneration scheme.  Importantly, it also maintains momentum of delivery on site and the delivery of 226 new high quality homes, 142 of which are affordable, and the first of the new landscaped public open spaces by 2024; setting the standard for all future phases of the development.    

3.14.     Our proposed management approach assumes a comprehensive, single management provider to deliver all housing and estate services required across all tenures within Ebury.  The services that comprise the management solution on Ebury are detailed in Table 1 below. The operational cost assumptions include all required lifecycle, maintenance and management services to deliver a successful long term estate regeneration scheme on Ebury.  The scope of the services will include the following and will be subject to further market engagement and a suitable procurement approach to engage a suitably qualified partner for Phase 1 and potentially future phases of the development.  A breakdown of the assumed operational costs are included within the FBC attached at Appendix 1.

Table 1: Scope of Housing and Estate Management Services

Housing and Estate Service Scope

Management & concierge

Security

Cleaning

Mechanical & Electrical servicing

Landscaping

Management of planned repairs and maintenance

Cyclical works to communal areas

Community engagement

Tenancy management – all tenures

Income collection – all tenures

Void management

Marketing & re-letting

 

3.15.     Ebury performs well from a sustainability perspective due to the adoption of a ground source and air source heat pump solution to deliver all required heating and cooling requirements for the new homes.  It is recognised that the energy infrastructure and energy provision across the new estate will require specialist support and this is subject to further work and recommendations in due course.  The maintenance and lifecycle costs of the energy infrastructure does form part of the operational cost assumptions contained within the Phase 1 and overall scheme viability position.

 

Wards affected: Churchill;

Lead officer: Vikki Everett


12/08/2021 - Huguenot House - Delivery Route ref: 1385    Recommendations Approved

The report reviews the advantages and disadvantages of a number of options to deliver the full-scale redevelopment of Huguenot House. The documentation also includes the Outline Business Case.

 

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 13/08/2021

Effective from: 21/08/2021

Decision:

That the Cabinet Member for Finance and Smart City:

 

Approved the Outline Business Case (Part 1) on the basis that there is an opportunity to deliver a mixed-use leisure led scheme in line with the Council’s strategic objectives.

 

Approved reclassification of £0.2m of spend to carry out soft market testing and to take the scheme to Outline Business Case Part 2 stage.

 

Noted that the soft market testing exercise will be undertaken to assess potential delivery routes and gauge the interest of the market in working with the Council to deliver the scheme, the result of which will be presented in an Outline Business Case Part 2.

 

Note that Appendix 1 and 2 of this report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A Part 1, paragraph 3 (as amended), in that these documents contain information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

Reasons for Decision and Justification

 

The Preferred Way Forward report was approved in March 2021 with development being approved.  This report set out the next stage of the project, namely to start the work to consider the best delivery route.  This report also presented the Outline Business Case Part 1 for approval.

 

Wards affected: St James's;


05/08/2021 - Harley Street Area Partnership BID Ballot ref: 1383    Recommendations Approved

A new BID for the Harley Street Area proposed for a 5 year term.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 05/08/2021

Effective from: 05/08/2021

Decision:

Summary of Decision

 

That the Harley Street Area Partnership’s Ltd BID proposal be endorsed.

 

That the Chief Executive be requested as the City Council’s Returning Officer and “ballot holder” to hold a ballot for the Harley Street Area Partnership Ltd in respect of their BID Proposal be approved.

 

That the Director of Law be authorised on behalf of the City Council to enter into the necessary legal agreements for collection of the BID Levy. In addition, deal with related service specifications for all other connected services which the City Council is required to deliver throughout the BID’s term and any other necessary legal matters in respect of the Harley Street Area Partnership Ltd BID Proposal as instructed and in consultation with the appropriate officers.

 

Reasons for Decision 

The proposed Harley Street Area Partnership Ltd BID will be the fifth Westminster BID under Chief Executive Ruth Duston. Primera Ltd’s other BIDs have well established successful collaborative relationships with the City Council and has been instrumental in delivering significant changes within south Westminster in particular, over the last two years.

The added challenge of Covid-19 and recovery of the City have catalysed the need for areas within London to reassess its offer and future vision. The establishment of the Harley Street Area Partnership Ltd BID will unlock tangible enhancements for the area and the businesses within it.

The Harley Street Area Partnership Ltd BID would raise just over £5m over five years to invest across public realm and wayfinding, national and international marketing, business sustainability and connectivity and safety and business resilience.

The establishment of the Harley Street Area Partnership Ltd BID will bring about collectiveaction and collaboration which will enable the district to continueto grow into a sustainable, attractive, secure and globallyrecognised destination, able to meet the changing needs of businesses across the whole community

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

 

Publication Date:

5 August 2021

Implementation Date:

5 August 2021

 

Wards affected: Marylebone High Street;

Lead officer: Haylea Asadi


03/08/2021 - Rating Advisory Panel - 13.07.2021 ref: 1382    Recommendations Approved

Business Rates Discretionary and Hardship Relief

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 03/08/2021

Effective from: 03/08/2021

Decision:

That this report and appendices are exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, Paragraph 3, as amended, in that it contains information relating to the financial or business affairs of an individual. 

 

That the Cabinet Member for Finance and Smart City approved the recommendations of the Rating Advisory Panel held on 13th July 2021 and determines the applications for NNDR Discretionary and Hardship relief set out in Appendix A. 

 

Reasons for Decision 

 

The Rating Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A. 

 

 

 

 

Wards affected: (All Wards);

Lead officer: Gemma Williams


03/08/2021 - Review of the Local List of Information Requirements for Planning and Associated Applications: Agreement to Consult ref: 1381    Recommendations Approved

Agreement to undertake public consultation on amendments to information required with planning and associated applications.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 03/08/2021

Effective from: 03/08/2021

Decision:

The Cabinet Member for Business, Licensing and Planning has approved the revised draft local lists of information requirements for planning and related applications set out in Appendix 1 (Full List of Requirements) and Appendix 2 (Individual checklists by development types), for consultation purposes.

Reasons for Decision

To provide an up-to-date local list of validation requirements for planning and related applications, as required by national policy and guidance.

 

Wards affected: (All Wards);

Lead officer: Jane Hamilton


02/08/2021 - Reverend Dr John Clifford Green Plaque ref: 1379    Recommendations Approved

Proposal for a commemorative Green Plaque to Rev Dr John Clifford, world renowned Baptist minister and social reformer at Westbourne Park Baptist Church.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 02/08/2021

Effective from: 02/08/2021

Decision:

That the nomination for a commemorative Green Plaque to Rev Dr John Clifford at Westbourne Park Baptist Church, Porchester Road, W2 5DX, be approved.

 

Reasons for decision

 

Rev Dr John Clifford was a social reformer ahead of his time and has strong links with the local area as Minister of Praed Street Baptist Church and Westbourne Park. This strong local connection aligns with the aims of the Green Plaque scheme to create a sense of local pride and highlight local history.

 

           As a Westminster resident, preacher, writer, propagandist and ardent Liberal and socialist politician, he became a powerful voice in the Nonconformist movement. He was an eloquent speaker, social reformer and opponent of sectarian bias in schooling.

 

Wards affected: Bayswater;

Lead officer: Claire Appleby


21/07/2021 - Westminster Community Homes – Funding requirements for revised development programme ref: 1374    Recommendations Approved (subject to call-in)

Decision regarding the approval of AHF funding and council loan financing to support the delivery of 50 additional affordable homes for use by City Council nominees.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 21/07/2021

Effective from: 21/07/2021

Decision:

Recommendations

 

That the Cabinet Member for Finance and Smart City approved:

 

1)              A funding allocation of £3.773m be provided to Westminster Community Homes from the Council’s Affordable Housing Fund.

 

2)              The provision of a Development loan financing of £2.7m to Westminster     Community Homes over a 25 year period.

 

3)              Delegate authority to the Executive Director of Finance and Resources to approve final terms and enter into the loan and funding agreements together with any other associated legal agreements.

 

Reasons for Decision  

1)       The provision of funding by the Council to Westminster Community Homes assisted in the delivery of additional affordable homes in the city. These units contributed towards the ‘City for All’ housing target and provided rehousing opportunities for City Council nominees.

2)       It was a permitted use of the Affordable Housing Fund to finance the delivery of new affordable housing in Westminster.  The Council had the ability to provide loan financing into WCH to also support this provision.

 

Wards affected: (All Wards);

Lead officer: Lyndsey Gamble


06/08/2021 - Balmoral Castle and Darwin House Project Development Proposals ref: 1384    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 21/07/2021

Effective from: 14/08/2021

Decision:

1.     Recommendations

 

1.1   Cabinet Member for Communities and Regeneration & Cabinet Member for Finance and Smart City:

 

·        Approved the Outline Business Case on the basis that there is an opportunity to deliver a housing led scheme in line with the Council’s strategic objectives

 

·        Agreed that Option 4C is the Preferred Way forward for this development site:

o   100% Affordable residential scheme- CSH at social rent and general needs block at intermediate rent (75% London Living Rent and 25% Lower quartile rent)

 

·        Agreed the number and tenure of affordable housing as set out below:

o   34 Community Supportive Homes and 18 General Needs Intermediate Rental Homes

 

·        Approved direct development as the delivery option for the scheme

 

·        Noted the expenditure to date

 

·        Approved additional expenditure to progress the scheme to Final Business Case (FBC) stage

 

·        Authorised the Executive Director of Growth, Planning and Housing, the Bi-Borough Director of Law, to deal with all legal arrangements to affect the recommendations set out in this report, including entering into S106 agreement.

 

·        Delegated authority to the Executive Director of Growth Planning and Housing to enter into contracts as necessary for the completion of the scheme, including contracts for enabling works.

 

 

2.     Reasons for Decision 

2.1   The Council is satisfied that the redevelopment will contribute towards meeting the City for All objectives, in particular; Greener and Cleaner City, Vibrant Communities and Civic Leadership and Responsibility.

 

2.2   The development will contribute 52 new affordable homes towards the councils affordable housing targets.

 

2.3   The outline business case has shown there is a strong Strategic, Economic, Commercial, Financial and Management case to progress to RIBA 4 and delivery phase.

 

 

Wards affected: Churchill;

Lead officer: Joe Smith


19/07/2021 - Virtual Discretionary Housing Payment Review Advisory Panel: (06.07.21) Determination of Discretionary Housing Payment Review Applications ref: 1373    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 19/07/2021

Effective from: 19/07/2021

Decision:

1)              That Appendix A to the report be exempt from public disclosure by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 because the applications involve the likely disclosure of exempt information relating to an individual.

          

2)              That the Cabinet Member approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 6 July 2021

 

Reasons for Decision 

The Virtual Discretionary Housing Payment Review Advisory Panel had set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A, which were more fully set out in the case papers submitted to the Panel.

 

Lead officer: Gwyn Thomas


13/08/2021 - Approval of Expenditure from the Ward Budget of Bayswater, Bryanston and Dorset Square, Churchill, Church Street, Harrow Road, Maida Vale, Queen's Park, St James's and Westbourne ref: 1395    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 13/07/2021

Effective from: 13/08/2021

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

SUBJECT: 

Approval of Expenditure from the Ward Budget of Bayswater, Bryanston and Dorset Square, Churchill, Church Street, Harrow Road, Maida Vale, Queen's Park, St James's and Westbourne

 

 

Notice is hereby given that Councillor Heather Acton,Cabinet Member for Communities and Regeneration, has made the following executive decision on the above mentioned subject for the reasons set out below.

 

 

Summary of Decision

 

 

The Cabinet Member for Communities and Regeneration approved the release of funds in the amount of £29,700.00 in respect of the above proposal, from the ward members of Bayswater, Bryanston and Dorset Square, Churchill, Church Street, Harrow Road, Maida Vale, Queen's Park, St James's and Westbourne wards, as detailed in the report.

 

 

Reasons for Decision

 

Holistic Advice and Advocacy in Westminster by Z2K (Zacchaeus 2000 Trust). Funding will contribute towards Z2K’s casework to support individuals in Westminster with their complex benefits and housing issues.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON 

SW1E 6QP

 

Publication Date:

 

13 August 2021

Implementation Date:

 

20 August 2021

Reference:

 

CMfPP&L/25 2020-21

 

Wards affected: Bayswater; Bryanston and Dorset Square; Church Street; Churchill; Harrow Road; Maida Vale; Queen's Park; St James's; Westbourne;

Lead officer: Richard Cressey


12/07/2021 - Queen's Park Neighbourhood Plan ref: 1371    Recommendations Approved

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 12/07/2021

Effective from: 12/07/2021

Decision:

That the Cabinet Member agreed:

A)    That the recommendations of the examiner as set out in the council’s decision statement (see Appendix 1) be accepted.

 

B)    That the examiner’s recommendation that the Queen’s Park Neighbourhood Plan, as modified in Appendix 2, proceed to referendum be accepted.

C)   That in accordance with the examiner’s recommendation, the referendum area be restricted the neighbourhood area designated by the council on 10th January 2014 as the Queen’s Park Neighbourhood Area.

 

D)   That if the result of the referendum is in support of the approval of the plan, the council proceeds to formally make the plan.

 

REASONS FOR DECISION 

1)    The examiner’s recommendations will ensure the Queen’s Park Neighbourhood Plan is clear and effective as a framework for making decisions on planning applications in the Queen’s Park Neighbourhood Area. They address the concerns raised by the council and other stakeholders, and ensure the plan meets the basic conditions prescribed by legislation.

 

2)    Before a neighbourhood plan can be made, it is a statutory requirement that it is first subject to a referendum (and two for areas that are designated as business neighbourhood areas). Before this happens, the council must publish a decision statement setting out the actions it proposes to take in response to the examiner’s report.

 

Wards affected: Queen's Park;

Lead officer: Michela Leoni


06/07/2021 - Rating Advisory Panel - 08.06.2021 ref: 1370    Recommendations Approved

Business Rates Discretionary & Hardship Relief

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 06/07/2021

Effective from: 06/07/2021

Decision:

1)              That this report and appendices be exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, Paragraph 3, as amended, in that it contains information relating to the financial or business affairs of an individual.

 

2)              That the Cabinet Member approves the recommendations of the Rating Advisory Panel held on 8th June 2021 and determines the applications for NNDR Discretionary and Hardship relief set out in Appendix A of the report.

Reasons for Decision

 

1)              The Rating Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A.

Wards affected: (All Wards);

Lead officer: Gemma Williams


02/07/2021 - Brompton Road BID Ballot ref: 1369    Recommendations Approved

A new BID for Brompton Road proposed for a 5 year term, cross-border with RBKC for which WCC is the Lead Authority.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 02/07/2021

Effective from: 02/07/2021

Decision:

Summary of Decision

 

That the Brompton Road Partnership’s BID proposal be endorsed

 

That the Chief Executive be requested as the City Council’s Returning Officer and “ballot holder” to hold a ballot for the Brompton Road Partnership BID Proposal be approved

 

That the Director of Law be authorised on behalf of the City Council to enter into the necessary legal agreements for collection of the BID Levy. In addition, deal with related service specifications for all other connected services which the City Council is required to deliver throughout the BID’s term and any other necessary legal matters in respect of the Brompton Road Partnership BID Proposal as instructed and in consultation with the appropriate officers.

 

 

Reasons for Decision 

The added challenge of Covid-19 and its disproportionate impact on the hospitality and retail sectors within Brompton Road and Knightsbridge, has reinforced the need for strategic and coordinated action.

The key aim of the proposed BID is to help businesses to overcome the damage caused by Covid-19 and to secure a long-term future by creating a district that will benefit residents, visitors, businesses and investors. Through partnership working with partners and the local communities, the objective is to ensure that Knightsbridge and the Brompton Road remains a vibrant, viable and sustainable area which works for businesses and residents and of which we can all be proud.

It will provide a voice for Knightsbridge businesses to encourage closer working with the two local authorities Westminster City Council and RBKC and Transport for London to identify, secure and deliver investment to enhance the district.  A BID will help businesses to engage with local residents to create together improvements that benefit the whole local community

The establishment of the BID will provide an opportunity for stakeholders and businesses to work collaboratively to achieve a potential £6m investment into recovery over the next 5 years.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

 

Publication Date:

2 July 2021

Implementation Date:

2 July 2021

 

Lead officer: Haylea Asadi


02/07/2021 - Making of Westminster's Article 4 Direction for changes of use from Class E (commercial, business and service uses) to C3 (dwelling houses). ref: 1368    Recommendations Approved

Introduction of a non-immediate Article 4 Direction to remove permitted development rights for change of use from Class E (commercial, business and service uses) to C3 (dwelling houses).

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 02/07/2021

Effective from: 02/07/2021

Decision:

That the Cabinet Member approved the making of a non-immediate direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) to remove permitted development rights granted for the changes of use from Class E (commercial, business and service uses) to Class C3 (dwellinghouses) within the area of the Central Activities Zone (CAZ) shown in Appendix 2, to come into effect on 1 August 2022.

 

REASONS FOR DECISION

The making of the proposed Article 4 Direction would help enable the City Council to use its planning powers to secure an appropriate balance of uses in the CAZ and facilitate economic recovery. In particular it would help ensure the availability of a range of commercial space to support the delivery of good growth in Westminster – which brings the maximum benefits for residents, workers, visitors and businesses in accordance with the objectives of City for All, and the policies in the Westminster City Plan. It would also help ensure new developments meet a wide range of policy objectives including responding to the climate emergency, contributing towards the delivery of affordable housing, and supporting enhanced infrastructure provision.

 

Wards affected: Bayswater; Bryanston and Dorset Square; Church Street; Churchill; Hyde Park; Knightsbridge and Belgravia; Little Venice; Marylebone High Street; Regent's Park; St James's; Tachbrook; Vincent Square; Warwick; West End; Westbourne;

Lead officer: Sean Walsh


29/06/2021 - St John's Wood Neighbourhood Forum re-designation ref: 1366    Recommendations Approved

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 29/06/2021

Effective from: 29/06/2021

Decision:

That the Cabinet Member for Business, Licensing and Planning agreed to re-designate the St John’s Wood Neighbourhood Forum for a further period of 5 years and a formal designation notice was published under delegated authority of the Director of Policy and Projects.

 

 

Section 61F (7) of the Town and Country Planning Act 1990 (as inserted into the Act by the Localism Act, Schedule 9) sets out the conditions that a neighbourhood forum must meet, as well as the considerations that a local planning authority must take into account when determining an application for the designation of a neighbourhood forum. These legislative aspects are set out in greater detail in Section 6 of this report.

 

The legislation states that a local planning authority may designate an organisation or body as a neighbourhood forum if the authority is satisfied that a number of conditions (in the table below) have been met. The existing St John’s Wood Neighbourhood Forum meets all of these conditions, and there has been no change in this since the original designation.

 

Condition

Met?

Established for the express purpose of promoting or improving the social, economic or environmental well-being of an area?

Yes

Membership open to individuals who live or work in the area (or are elected members of the City Council);

Yes

Membership includes a minimum of 21 individuals each of whom lives or works (or is an elected member) in the area?

Yes

The neighbourhood forum has a written constitution?

Yes

 

The City Council is also required to have regard to whether membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area. The application submitted by the Forum indicates that membership of the St John’s Wood Neighbourhood Forum is at least 40 members, and that the Forum represents the interests of local residents and businesses. The list of members has also been provided by the Forum.

 

             The City Council is also required to assess whether the purpose of the neighbourhood forum reflects (in general terms) the character of the area. The application submitted by the Forum for re-designation states that the Forum was established to promote and improve the social, economic and environmental wellbeing of the area. The statement of purpose also outlines that the forum will work on the production of local design codes and pattern books.

 

           Consultation on the re-designation of the St John’s Wood Neighbourhood Forum highlighted support for the application, with no objections or competing applications. Further details are provided in section 9 of this report.

 

Wards affected: Abbey Road; Regent's Park;


27/06/2021 - Approval of Expenditure from the Ward Budget for Maida Vale ref: 1365    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 27/06/2021

Effective from: 27/06/2021

Decision:

Summary of Decision

 

That the expenditure of £15,000 to commission Catch-up Funding for Essendine Primary School be approved.

 

Reason for Decision

 

The proposal in this report will support the Council’s wider equalities and diversity agenda by focusing on addressing local issues with enhanced local engagement. 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

27 June 2021

Implementation Date:

27 June 2021

Reference:

 

CMfC&R/22/20/21

 

Wards affected: Maida Vale;

Lead officer: Janis Best


24/06/2021 - Renewal of Borough-wide Street Drinking and Dog Control Public Space Protection Orders - 3 Year Period ref: 1364    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 24/06/2021

Effective from: 24/06/2021

Decision:

Recommendations

The Cabinet Member was asked to:

 

1.          Approve a new borough wide PSPO for the control of street drinking until 29 June 2024.

 

2.         Approve a new borough wide PSPO for dog control until 29 June 2024.

 

3.         Agree to keep the consultation open for a further 6-weeks to capture more feedback on the current orders and proposed variation to the dog control order

Reasons for decision

1.     Powers to create PSPOs came into force in October 2014. The PSPO’s replace Designated Public Place Orders (also known as Controlled Drinking Zones) and Dog Control Orders. The existing Designated Public Place Orders and Dog Control Orders automatically became PSPOs by automatic operation of law on 20 October 2017. The PSPOs remained in place for three years unless extended by the making of a new PSPO by the Council.  The existing PSPOs expired on 20 October 2020 and new orders created on 12 April 2021.

 

2)      The Anti-Social Behaviour, Crime and Policing Act 2014 stated that a local authority may establish a PSPO if satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out, in a public space:

 

a)        has had, or is likely to have, a detrimental effect on the quality of life of those in the locality.

b)        is, or is likely to be, persistent or continuing in nature.

c)        is, or is likely to be, unreasonable; and

d)        justifies the restrictions imposed.

 

3)          On 9 April 2021, the Cabinet Member agreed to make new PSPOs commencing on 12 April and expiring on 21 June unless extended, varied or discharged.  A public consultation process continued during that period with a consultation survey on the council website.

 

4)          As the previous orders had expired, the Cabinet Member must consider the outcome of the consultation and EQIA and agree to create a new order.

 


20/04/2021 - Additional Restrictions Grant Scheme ref: 1363    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 22/06/2021

Effective from: 20/04/2021

Decision:

1.              That the proposed strategy to exhaust the remaining ARG funding outlined in Section 5 of this report be approved.

 

2.              That Delegated Authority be granted to the Director of Revenues & Benefits to approve and process payments for businesses under the ARG scheme, where eligible businesses were not able to receive their mandatory grant scheme grant payments before the government’s national payment deadlines as set out in Section 5 of this report.

 

Reasons for Decision 

1.         The proposed strategy to ensure the existing ARG funding envelope is exhausted by the 30th June is articulated below. The proposed approach seeks to provide the most appropriate method of administration and support for the types of business that the government has requested local authorities assist.  At the same time, there is a need to ensure the that City Council can demonstrate spend of the existing funding envelope by 30th June.  This is a prerequisite to qualify for the next £9.1m top-up allocation.

 

2.         The proposed delegated authority for paying mandatory grant payments outside of the Government’s payment deadline under the ARG scheme, is in line with BEIS recommendations to Local Authorities and will ensure that businesses are not unfairly disadvantaged.


22/06/2021 - Neighbourhood CIL: Allocation ref: 1362    Recommendations Approved

Redevelopment of Science Department at the St Marylebone CE School: This application is for £100,000 from the Marylebone CIL portion to fund the complete redevelopment of the school’s science department (consisting of six laboratories). The current facilities are outdated, cramped and no longer fit for teaching the contemporary science curriculum. The redevelopment will cost a total of £300,000; £25,000 has come from the Parent-Teacher Association, £75,000 from WCC Department Budget and a further £100,000 from the Wolfson Foundation. The project is eligible for Neighbourhood CIL funding as Education Facilities are recognised as fundable infrastructure. The project is supported by the Ward Members of Marylebone High Street, the Marylebone Neighbourhood Forum, the Marylebone Association, and council officers. It is recommended that this project is approved for allocation

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 22/06/2021

Effective from: 23/06/2021

Decision:

The Cabinet Member was asked to approve the following Neighbourhood CIL bids for allocation:

i)            Redevelopment of the Science Department at St Marylebone CE School.

 

Reasons for Decision 

In order to ensure robust and effective expenditure and reporting in line with the Community Infrastructure Levy Regulations 2010 (as amended) and in accordance with the council’s strategic priorities, CIL spending policy statement and its framework for resource allocation and management.

 

Wards affected: Marylebone High Street;

Lead officer: Amit Mistry


22/06/2021 - Nomination and Appointment of Local Authority School Governors ref: 1361    Recommendations Approved

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 22/06/2021

Effective from: 22/06/2021

Decision:

That the Cabinet Member for Young People and Learning approved the recommendations of the Local Authority School Governor’s Advisory Panel set out in Appendix A.

 

Reason for Decision 

 

Every maintained school governing body must contain at least one Local Authority nominated school governor.

 


21/06/2021 - Grant a direct award of a care contract and a lease extension to GCH (Alan Morkill) Ltd in relation to the Beachcroft House Care Home until June 2022 ref: 1360    Recommendations Approved

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision published: 21/06/2021

Effective from: 29/06/2021

Decision:

1)              This report requests the Cabinet Member for Adult Social Care and Public Health gives approval to waive the procurement code and for the Executive Director of Adult Social Care and Health to make a direct award of a contract to GCH (Alan Morkill House) Ltd, for the provision of Beachcroft Care Home from 17th June 2021 to 17th June 2022 for the value of £4.732m, to allow time to conduct a new procurement of a long term care provider.

 

1.1   The contract would include a provision for two 3 month extensions to provide assurance in case of any unforeseen delays in the new procurement exercise. The total value of the award if both 3 month extensions are used is £7,098m.

 

1.2   That the Cabinet Member for Adult Social Care and Public Health delegates approval to exercise each option to extend each contract to the Executive Director of Adult Social Care and Public Health.

 

2)              That the Cabinet Member for Finance and Smart City gives approval to grant a lease to GCH (Alan Morkill House) Ltd for a period of 12 months from 17th June 2021 to 17th June 2022 including two 3-month renewals if necessary, to coincide with the contract extensions set out in recommendation 2.1.1 above. The lease would be on the same terms and rent as the existing lease which is due to expire on 17th June 2021.

 

Rason for Decision

 

1)     The reason for granting an extension to the lease to occupy Beachcroft and offer a 12 month direct award of a care contract  to GCH (Alan Morkill House) Limited is to ensure and secure immediate continuity of essential services to vulnerable residents.  The Care Quality Commission also requires the care provider to evidence that it holds a lease that allows it to provide care on the premises. The direct award of a contract also allows time to procure a longer-term care provider.

2)     The Council has a clear duty around service provision under the Care Act 2014:

·         The Council has a duty to carry out an assessment of anyone who appears to require care and provide or organise support as required.

 

3)              There are also several key national and local drivers informing the need for ongoing service provision, including:

 

·         Prime Minister’s Challenge on Dementia 2020.

·         England’s National Dementia Strategy.

·         Bi Borough Health and Well Being Board Dementia Plan.

·         The Council’s future plans for the commissioning and provision of high-quality and excellent residential care for our residents.

·         City for All

 

4)    The 12-month contract  to 17th June 2022 will enable the Council the time required to prepare a new procurement of a long-term provider at a time when the market is less affected by COVID.  The contract would include a provision for two 3 month extensions to provide assurance in case of any unforeseen delays in the new procurement exercise.


18/06/2021 - Modern Slavery and Human Trafficking Strategy ref: 1358    Recommendations Approved

A five-year strategy that sets out our partnership objectives and action plan which aim to increase awareness and reporting, support victims, and disrupt and tackle offenders of Modern Slavery and Human Trafficking.

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 21/06/2021

Effective from: 18/06/2021

Decision:

Summary of Decision

 

That the bi-borough Modern Slavery and Exploitation Strategy attached at Appendix A of the report be approved.

 

That the Director of Public Protection and Licensing be given delegated authority to approve minor modifications and updates to the Strategy.

 

That the Strategy be implemented from the 21 June 2021.

 

Reason for Decision

 

Modern slavery is happening in our borough and it is vital that everyone knows the signs and how to respond. This strategy sets out our commitment to involving as many agencies and individuals as possible in our coordinated community response to ending modern slavery. Whilst it provides a strategic overview, it also includes practical guidance for individuals, communities, professionals and wider society on how they can contribute to reaching each of our shared objectives on an operational level. By engaging a wider audience in this conversation, we can move towards achieving our vision of ending modern slavery.

 

The Council is considered one of the leading London boroughs in responding to modern slavery. The theory of change on which this strategy is built was developed by our strong multi-agency partnership. There are many projects focused on improving our response to modern slavery in the borough, from procurement practices to welfare visits, and the strategy is required to coalesce the work being undertaken in this area into one strategic document that sets out our shared position and is accessible to all.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

21 June 2021

Implementation Date:

21 June 2021

 

Wards affected: (All Wards);

Lead officer: Kirsty Munro


21/06/2021 - Ebury Bridge Estate Renewal Unilateral Undertaking and Rights of Light ref: 1359    For Determination

Approval to enter into the Unilateral Undertaking and start negotiations on Rights of Light

 

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 21/06/2021

Effective from: 30/06/2021

Decision:

2.1 The Cabinet Member for Communities and Regeneration approved Appendix A of the report exempt from disclosure as it involved the disclosure of information as prescribed by paragraph 3 of Part 1 of Schedule12A to the Local Government Act 1972, (as amended), in that it contained information relating to the financial or business affairs of any particular person (including the authority holding the information).

2.2 The Cabinet Member for Communities and Regeneration delegated authority to the Executive Director of Growth, Planning and Housing to enter into the relevant planning agreement as landowner for the Ebury Bridge Scheme.

2.3 The Cabinet Member for Communities and Regeneration approved spend of the costs associated with complying with the relevant planning agreement in respect of Phase 1 of the Ebury Bridge Scheme.

2.4 The Cabinet Member for Communities and Regeneration approved that the Council begins and concludes negotiations with affected third parties in relation to interference with rights of light as set out in Appendix A.

2.5 The Cabinet Member for Communities and Regeneration approved the spend of any necessary compensation and associated costs to affected third parties in respect of rights of light as set out in Appendix A.

Planning agreement

The overarching objective of regenerating Ebury Bridge Estate is to create a comprehensive renewal that brings about physical, economic and sustainable change that creates additional homes and improves the lives of residents, businesses and visitors alike.

 

Right of light negotiations, appropriation implications

The Council’s rights of light assessment work indicates that there are a number of interests whose rights of light may potentially be impacted by the Ebury Bridge Estate development

Wards affected: Churchill;

Lead officer: Emily Myers


12/04/2021 - Westminster Section 106 - Project Allocation ref: 1357    Recommendations Approved (subject to call-in)

Decision Maker: Cabinet CIL Committee

Made at meeting: 12/04/2021 - Cabinet CIL Committee

Decision published: 18/06/2021

Effective from: 12/04/2021

Decision:

4a.       WESTMINSTER SECTION 106 - PROJECT ALLOCATIONS (Q1)

 

4a.1     Low Carbon Streets: Councillor Caplan reminded the Committee that the Council had declared a climate emergency and the desire to reduce its carbon footprint.  He felt that this was a project that should be fully supported, as it allowed the Council to move forward from concepts to actually delivering significant carbon reductions. The Chairman and Councillor Swaddle agreed that this was an extraordinary piece of work and wholeheartedly supported the project.

 

 

RESOLVED:

 

Westminster Section 106 – Project Allocations (Q1)

 

The Cabinet CIL Committee:

 

Approved the following Section 106 bids:

i)                Low Carbon Streets

 

 


28/05/2021 - Rating Advisory Panel - 20.04.2021 ref: 1352    Recommendations Approved

Cabinet Membe approval sought for recommendatkions of the Rating Advisory Panel.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 16/06/2021

Effective from: 28/05/2021

Decision:

1.     That this report and appendices be exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, Paragraph 3, as amended, in that it contains information relating to the financial or business affairs of an individual.

 

2.    That the Cabinet Member for Finance and Smart City approved the recommendations of the Rating Advisory Panel held on 20th April 2021 and determined the applications for National Non-Domestic Ratings Discretionary and Hardship relief as set out in Appendix A of the report.

 


15/06/2021 - Virtual Discretionary Housing Payment Review Advisory Panel: (01.06.21) Determination of Discretionary Housing Payment Review Applications ref: 1356    Recommendations Approved

Cabinet Member approval sought for DHP recommendations.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 15/06/2021

Effective from: 16/06/2021

Decision:

1.        That Appendix A to this report be exempt from public disclosure by virtue of paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 because the applications involve the likely disclosure of exempt information relating to an individual.

          

2.        That the Cabinet Member for Finance and Smart City approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 1 June 2021 as set out in the report.

 

Reasons for Decision 

The Virtual Discretionary Housing Payment Review Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A of the report, which are more fully set out in the case papers submitted to the Panel.


08/06/2021 - Virtual Discretionary Housing Payment Review Advisory Panel: (12.01.21 and 19.01.21) Determination of Discretionary Housing Payment Review Applications ref: 1354    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 08/06/2021

Effective from: 08/06/2021

Decision:

1.         That Appendix A to this report be exempt from public disclosure by virtue of paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 because the applications involve the likely disclosure of exempt information relating to an individual.

           

2.         That the Cabinet Member for Finance and Smart City approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meetings of 12 and 19 January 2021 respectivley..

 

Reasons for Decision 

The Virtual Discretionary Housing Payment Review Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations as set out in Appendix A of the report, which are more fully set out in the case papers submitted to the Panel.


27/05/2021 - Windrush Generation Green Plaque ref: 1351    Recommendations Approved

Nomination for a Green Plaque at Paddington Station in honour of the arrival of the Windrush Generation into central London from 1948 to 1973.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 27/05/2021

Effective from: 27/05/2021

Decision:

Summary of Decision

 

That the nomination for a commemorative Green Plaque to the Windrush Generation be approved, subject to Listed Building Consent.

 

 

Reasons for Decision

 

2 

The arrival of HMT Empire Windrush has become an important landmark in the history of modern Britain. Images of Caribbean passengers filing down the gangplank have come to symbolise the significant contribution the Windrush Generation has made to the infrastructure, economy and culture of Britain.

 

Windrush Day was introduced in 2018 on the 70th anniversary of the first landing of Caribbean immigrants. The day honours the huge contribution that the Caribbean community has made to Britain. It is intended to unveil this Westminster Green Plaque on Windrush Day 2021, at the site where many immigrants set foot in London for the first time.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

 

Publication Date:

 

27 May 2021

Implementation Date:

 

27 May 2021

 

Wards affected: Hyde Park;

Lead officer: Claire Appleby


25/05/2021 - Publication of a Bi-Borough School Inclusion Strategy ref: 1350    Recommendations Approved

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 25/05/2021

Effective from: 25/05/2021

Decision:

Summary of Decision

 

That the publication of the Bi-Borough inclusion strategy’ be approved.

Reasons for Decision

 

The publication of the Bi-Borough inclusion strategy will support the Council’s commitment to reduce exclusion rates across the borough and to ensure those that have been or who are at risk of exclusion are well supported. This is referenced in the WCC City for All Strategy “ensure all our children can access our excellent schools which celebrate the diversity of our communities and promote inclusion”

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

 

Publication Date:

 

25 May 2021

Implementation Date:

 

25 May 2021

 

Lead officer: Ian Heggs


24/05/2021 - Westminster Local Education Partnership ref: 1349    Recommendations Approved

Cabinet Member approval sought for proposals regarding future of the Westminster Local Education Partnership.

Decision Maker: Leader of the Council

Decision published: 24/05/2021

Effective from: 24/05/2021

Decision:

Summary of Decision

 

  • That the Westminster Local Education Partnership be wound up with a share of the funds remaining, after legal or professional fees, any creditors or other liabilities etc. are paid,  to be returned to the Council be approved.
  • That Cabinet passes a Special Resolution substantially in the form of the draft Special Resolution attached at appendix 1 of the report to wind up the Westminster LEP be approved.
  • That delegated authority be given to the Executive Director of Finance and Resources to execute all necessary documentation once agreed, to implement the liquidation of the LEP, and novate or otherwise transfer to the Council the various contracts required to give effect to the proposals set out in this report.

 

Reasons for Decision

 

After completion of all works and services required by the entity and with no future requirement for the entity, it is proposed to close the company.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

24 May 2021

Implementation Date:

 

24 May 2021

Reference:

 

CMfLA/4/2020-2021

 

Wards affected: (All Wards);

Lead officer: Gerald Almeroth


04/05/2021 - Marble Arch Mound - Update on Design, commission and construction of the showcase event (May 2021) ref: 1348    Recommendations Approved

This report provides an update on the sourcing and financial approach for delivering the showcase event of the Marble Arch Mound (“the Mound”), a temporary 24m-high hill structure located at Marble Arch, with a viewing platform at the summit. The Mound will have a green aesthetic incorporating a foliage overlay, encompassing grass, trees and associated greenery.

 

Decision Maker: Cabinet Member for City Management

Decision published: 11/05/2021

Effective from: 19/05/2021

Decision:

1.1.         That the appendices to this report be exempt from disclosure by virtue of s100A and Schedule 12A of the Local Government Act 1972 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

1.2.         That the Cabinet Member for City Management:

a)        Approved the Mound to progress to site construction to enable its delivery according to the required timeframes.

b)        Approved the overall design development approach and means to reduce overall net costs through legacy planning and income generation activities.

c)        Approved expenditure for the construction works on the understanding that the project team will work to refine and reduce this figure where possible through design development, legacy planning and income generation. In the event it transpires that the project budget is at risk of being exceeded, a further report will be submitted setting out the risks and quantum of exceeding the project budget and seeking further approval.

2.              Reasons for Decision

2.1.         The Mound is intended to be a showcase attraction, expected to bring 280,000 ticketed visitors with millions passing by. It is expected to create a renewed excitement about the area, attract more people to it, support local businesses through increasing dwell time and help resurrect the West End’s economic recovery.

 

Wards affected: Knightsbridge and Belgravia;

Lead officer: Jenny Escobar


10/05/2021 - Policy Guidelines for Discretionary NNDR reliefs, including NNDR Hardship Relief ref: 1346    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 10/05/2021

Effective from: 18/05/2021

Decision:

1.              That approval be given to the revised version of the Council’s Policy Guidelines for Discretionary NNDR reliefs as shown at Appendix B to the report.

 

2.              That approval be given to continue to fund NNDR Hardship claims received before 1 April 2021 but not determined until 2021/22 under the Council’s 30% Business Rate Retention scheme contribution.

 

 

1.         The proposal will address the increase in NNDR Hardship relief claims resulting from the pandemic received before 1 April 2021

2.         The report also updates the Council’s Policy Guidelines in terms of the government’s Expanded Retail Discount scheme for 2021/22, which is implemented under Section 47 of the Local Government Finance Act 1988.

 

 

Lead officer: Martin Hinckley


10/05/2021 - Rating Advisory Panel 9.3.2021 ref: 1345    Recommendations Approved

Business Rates Discretionary and Hardship Relief

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 10/05/2021

Effective from: 10/05/2021

Decision:

 

 

1.         That Appendix A to the report be exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, Paragraph 3, as amended, in that it contains information relating to the financial or business affairs of an individual.

 

2.        That the Cabinet Member approved the recommendations of the Rating Advisory Panel held on 9th March 2021 and determined the applications for NNDR Discretionary and Hardship relief set out in Appendix A to the report.

 

 

The Rating Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A to the report.

 

Wards affected: (All Wards);

Lead officer: Gemma Williams


10/05/2021 - Council Tax, NNDR, Housing Benefit Overpayments, Former Client Rent Arrears and Sundry Irrecoverable Debt, Quarter 4 2020/21 ref: 1347    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 10/05/2021

Effective from: 10/05/2021

Decision:

 

1.             That the report be declared exempt from publication as the business to be transacted involves the disclosure of information as prescribed by paragraph 3 of Part 1 of Schedule 12a of the Act relating to information relating to the financial or business affairs of any particular person (including the authority).

 

2.             That approval be given to write-off the amounts shown in Appendix 1 of the report.

 

3.             That the amounts shown in Section 6 of the report as written-off under officer delegated authority be noted.

 

 

 

2 

The recommendation to write-off the amounts detailed in the report is proposed as all other avenues available to the Council for the recovery of these debts have been exhausted, including, where appropriate, the issue of court and distress proceedings.

 

Lead officer: Martin Hinckley


06/05/2021 - Regent Street - Temporary Highway Improvement Works ref: 1344    Recommendations Approved

Decision Maker: Cabinet Member for City Management

Decision published: 06/05/2021

Effective from: 15/05/2021

Decision:

That the Cabinet Member for City Management:

 

1.1         Approved the detailed design and scheme implementation of the enhanced temporary highway improvements for a minimum 18-month period, set out in section 4.2 of this report, and as shown on the plan included in Appendix B.

1.2         Approved the necessary capital expenditure totalling £2,683,307 for the detailed design and scheme implementation of the scheme. All costs are to be recovered in full by The Crown Estate in accordance with the section 278 agreement.

1.3         Delegated authority to the Executive Director of City Management to enter into an agreement with The Crown Estate under section 278 of the Highways Act 1980 for the delivered Regent Street Enhanced Temporary Highway Improvements scheme.

1.4         Delegated authority to the Executive Director of City Management for the modification of traffic regulation orders in accordance with the Road Traffic Regulations Act 1984, necessary to accommodate the enhanced temporary highway improvements for a minimum 18-month period.

 

1.5         The objective of the temporary arrangement is to significantly improve the accessibility, functionality and local amenity of the public realm along the Regent Street corridor for a minimum 18 month period which will entice visitors back to the area supporting the local economy.

1.6         The plans are shown in Appendix B and included the following temporary interventions:

·       Widening of the footways with temporary materials creating approximately 5,000 square meters of additional space for pedestrians, to improve visitors’ experience, support social distancing and improve accessibility.

·       Improved provision for cyclists, including the introduction of cycle lanes and new cycle parking hubs and stands

 

·       Enhancing bus stops with accessible boarding and space for waiting

 

·       Planters with trees and greenery introduced helping to boost biodiversity, improve air quality, and provide visual public security protection, further enhancing Regent’s Street’s iconic John Nash design.

 

·       New seating installed, creating places for people to pause and rest

 

·       Adjusting surface water drainage across the scheme.

 

Wards affected: St James's;


05/05/2021 - Soho Neighbourhood Plan Decision Statement ref: 1343    Recommendations Approved

To consider the examiner's recommendations on the Soho Neighbourhood Plan and whether to proceed to referendum

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 05/05/2021

Effective from: 05/05/2021

Decision:

The Cabinet Member agreed:

A)     That the recommendations of the examiner as set out in the council’s decision statement (set out at Appendix 1 to the report) be accepted.

 

B)     That in accordance with the examiner’s recommendation, the Soho Neighbourhood Plan, as modified in Appendix 2 to the report, proceed to two referendums (as is required for designated business neighbourhood areas).

C)     That in accordance with the examiner’s recommendation, the referendum area be restricted to the neighbourhood area designated by the council on 5th April 2013 as the Soho Neighbourhood Area.

 

D)     That if the results of the two referendums are in support of the approval of the plan, the council proceeds to formally make the plan.

 

The examiner’s recommendations will ensure the Soho Neighbourhood Plan is clear and effective as a framework for making decisions on planning applications in the Soho Neighbourhood Area. The recommendations address the concerns raised by the council and other stakeholders, and ensure the plan meets the basic conditions prescribed by legislation.

 

Before a neighbourhood plan can be made, it is a statutory requirement that it is first subject to two referendums in areas that are designated as business neighbourhood areas. Before this happens, the council must publish a decision statement setting out the actions it proposes to take in response to the examiner’s report.

 

Wards affected: West End;

Lead officer: Marina Molla Bolta


04/05/2021 - Determination of Discretionary Housing Payment Review Application 06.04.21 ref: 1342    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 04/05/2021

Effective from: 04/05/2021

Decision:

Recommendations

 

1.         That Appendix A to the report be exempt from public disclosure by virtue of paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 because the applications involve the likely disclosure of exempt information relating to an individual.

           

2.         That the Cabinet Member approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 6 April  2021

 

Reasons for Decision 

The Virtual Discretionary Housing Payment Review Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A, which are more fully set out in the case papers submitted to the Panel.

Lead officer: Gwyn Thomas


04/05/2021 - Determination of Discretionary Housing Payment Review Application 23.03.21 ref: 1341    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 04/05/2021

Effective from: 04/05/2021

Decision:

           Recommendations

 

1.         That Appendix A to the report be exempt from public disclosure by virtue of paragraph 7 of Part 1 of Schedule 12A of the Local Government Act 1972 because the applications involve the likely disclosure of exempt information relating to an individual.

           

2.         That the Cabinet Member approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 23 March 2021

 

           Reasons for Decision 

           The Virtual Discretionary Housing Payment Review Advisory Panel has set out the reasons for the recommendations in each case considered by the Panel in the recommendations in Appendix A, which are more fully set out in the case papers submitted to the Panel.

 

Lead officer: Gwyn Thomas


28/04/2021 - Approval of Expenditure from the Ward Budget of Marylebone High Street ref: 1340    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

Summary of Decision

 

That the expenditure of £34,590.15 to commission Summer and Winter Hanging Baskets for 2021-2022 be approved.

 

Reason for Decision

 

The proposal in this report will support the Council’s wider equalities and diversity agenda by focusing on addressing local issues with enhanced local engagement. 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

28 April 2021

Implementation Date:

28 April 2021

Reference:

 

CMfC&R/19/20/21

 

Wards affected: Marylebone High Street;

Lead officer: Janis Best


28/04/2021 - Approval of Expenditure from the Ward Budget of Maida Vale ref: 1339    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

Summary of Decision

 

That the expenditure of £20,287.05 to commission Summer and Winter Hanging Baskets for 2021-2022 be approved.

 

 

Reason for Decision

 

The proposal in this report will support the Council’s wider equalities and diversity agenda by focusing on addressing local issues with enhanced local engagement. 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

28 April 2021

Implementation Date:

28 April 2021

Reference:

 

CMfC&R/18/20/21

 

Wards affected: Maida Vale;

Lead officer: Janis Best


28/04/2021 - Approval of Expenditure from the Ward Budget of Warwick Ward ref: 1338    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 28/04/2021

Effective from: 28/04/2021

Decision:

Summary of Decision

 

That the expenditure of £16,638.30 to commission Summer and Winter Hanging Baskets for 2021-2022 be approved.

 

 

Reason for Decision

 

The proposal in this report will support the Council’s wider equalities and diversity agenda by focusing on addressing local issues with enhanced local engagement. 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

28 April 2021

Implementation Date:

28 April 2021

Reference:

 

CMfC&R/17/20/21

 

Wards affected: Warwick;

Lead officer: Janis Best


15/04/2021 - Housing in Multiple Occupation (HMO) Additional Licensing Scheme ref: 1337    Recommendations Approved

Decision to recommend the Housing in Multiple Occupation Additional Licensing Scheme to Full Council for decision

 

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 15/04/2021

Effective from: 15/04/2021

Decision:

That the Cabinet Member for Communities and Regeneration:

·            Recommended the HMO Additional Licensing scheme to Full Council for adoption at its meeting on 21 April 2021 having considered the results of a 10 week statutory consultation period.

 

·            Recommended the designation (attached as Appendix D in the report) which set out HMOs that would be subject to additional licensing under section 56(1)(a) of the Housing Act 2004.

·            Recommended that the designation was made on the 23rd April 2021 and came into force on the 30th August 2021 and lasted for a period of 5 years from that date.

·            Recommended the licensing conditions and amenity standards proposed at “Draft Additional Licensing Scheme” (attached as Appendix A to the report).

·            Recommended the proposed licence fee structure (attached as Appendix E to the report).

Background, including Policy Context

          

The aim of the project was to design and implementan Additional Licensing Scheme to improve housing standards and the management of Houses in Multiple Occupation (HMOs) within the private rented sector in Westminster as part of a wider Private Rented Sector (PRS) Strategy.

 

Lead officer: Alex Woodman


12/04/2021 - CIL and S106 Allocations - Apr 21 ref: 1336    Recommendations Approved

Decision Maker: Cabinet CIL Committee

Decision published: 15/04/2021

Effective from: 21/04/2021

Decision:

Summary of Decision

 

Notice is hereby given that Cabinet CIL Committee, has made the following executive decision on the above mentioned subject for the reasons set out below.

 

The report seeks to allocate CIL and s106 developer contributions to infrastructure projects to support growth in Westminster following receipts of monies from development.

 

Recommendations

 

1.1.          The Cabinet CIL Committee is asked:

 

To approve the following Neighbourhood CIL bids for allocation:

 

i)                New Zebra Crossing in Westbourne Grove

ii)               Permanent Catenary Infrastructure

iii)              Victoria Street Greening

iv)             Changing Lives: New Welsh Slate Roof

To defer the following applications:

i)                Villiers Street Insight Study

To approve the following Section 106 bids:

i)                Low Carbon Streets

 

Reasons for Decision  

 

In order to ensure robust and effective expenditure and reporting in line with the Community Infrastructure Levy Regulations 2010 (as amended) and in accordance with the council’s strategic priorities, CIL spending policy statement and its framework for resource allocation and management.

 

Wards affected: (All Wards);

Lead officer: Amit Mistry


09/04/2021 - IT Digital Partners Framework ref: 1335    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 09/04/2021

Effective from: 17/04/2021

Decision:

To approve the contract award for the delivery of the IT Digital Partners Framework requirement to the suppliers listed below. 

IT Digital Partners Framework Winners

Lots

Description

Score

Winners

Lot 1

Smart City Technologies

79.48%

Perform Green

Lot 2

Microsoft Dynamics CRM

77.44%

Code DSS

Lot 3

User Centred Design and Digital Delivery

69.86%

Nudge Digital

Lot 4

Drupal based Web Technologies

92.03%

Zoocha

Lot 5

Application Development and Integration

76.00%

Head Cannel

Lot 6

Cyber Security

75.64%

Actica

Lot 7a

General Lot LSE

84.36%

Infosys

Lot 7b

General Lot LSE

77.32%

NetCompany

Lot 7c

General Lot LSE

73.34%

Version 1

 

REASONS FOR DECISION

1)              The above suppliers scored highest following the evaluation process against their technical and commercial responses and presentation clarifications to the Invitation to Tender.  The full tender process was outlined in the report.

 

2)              The framework was for the period starting from 1st May 2021 to 30th April 2023 with the option to extend for an additional period of 2 of years.  The full contract term was for 4 years at a total contract value of £10,000,000.

 

3)              The approval was sought on a ‘zero commit’ framework with 9 suppliers with permitted spend up to £10million, across WCC and RBKC, over two years with an option to extend for further 2 years.

 

4)              The contract value had not been allocated per lot or per Council, but rather taking the totality of the framework requirement into consideration.

 


09/04/2021 - Luton Street: Request for approval to transfer headlease ref: 1329    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 09/04/2021

Effective from: 09/04/2021

Decision:

2.        Recommendations

2.1      The Cabinet Member Cabinet Member for Communities and Regeneration gave:

                i.          Approval for the Council to acquire the headlease from the LLP.

               ii.          Delegated authority to the Executive Director of Growth, Planning and Housing, to agree the necessary agreements, contracts and deeds as required to effect the acquisition of the headlease from the LLP.  The Cabinet Member will be updated on a regular basis.

2.2      The Cabinet Member noted the Council’s Housing Services, will provide tenancy management services to all the affordable homes, including the intermediate homes within the scheme and full management services to the 3 homes at Fisherton Street and that, in consultation with Corporate Property, the Council's Corporate Property directorate is responsible for the sports and community centre.

2.3      The Cabinet Member noted that upon transfer of the headlease to the Council, the Council will need to enter into a novation agreement in relation to the managing agent in order to become the client of the managing agent.

3.        Reasons for Decision

3.1      Timing is critical for the Luton Street scheme as residential marketing is well advanced and is close to the point where in the contract documents the LLP's exit strategy needs to be set.

3.2      The LLP needs to exit the scheme before exchange of contracts on the 55th  market sale home (i.e. more than 50% exchanged). By contracting to transfer the headlease to the Council, this issue will be resolved. 

3.3      The LLP is understandably already putting in place arrangements to procure a managing agent for the scheme.  That managing agent will be appointed this year prior to Practical Completion (PC) of the scheme, to ensure a soft landing. If the Council takes the headlease as described in this report, it will inherit the managing agent at the same time, until the term of the managing agent appointment comes to an end.  Going forward, it will be open to the Council to consider the appropriate option for the future management arrangements.

 

Wards affected: Church Street;


01/04/2021 - Extension of Coroners Court ref: 1332    For Determination

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 01/04/2021

Effective from: 01/04/2021

Decision:

1.      That this report be exempt from disclosure by virtue of the Local Government Act 1972     Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding).

2.      That the Cabinet Member for Finance and Smart City gave approval to the Section 106 Unilateral Undertaking- stopping up order for the subject section of land adjacent to the West Courtyard of the Coroners Court.

Reasons for Decision

1.   The key reasons and rationale for supporting this decision are as follows: 

(1)  The stopping up of the subject planter and section of land on which it sits will significantly assist in facilitating the proposed works to the Coroner’s Court and enable the provision of a garden of reflection for visitors and staff

(2)  There is no other area within the existing boundary of the Court where such a garden could be provided

(3)  The Court’s current accommodation is not adequate to meet the Coroner’s Services requirements

(4)  The new accommodation will deliver a better service and 

(5)  Will enable the implementation of the strategic decision to close a former Coroner’s office.  

2.   The requirement to provide additional accommodation for the Coroner’s Services has been recognised by the Council since 2007 and a delay in providing the additional accommodation increases the risk of the deterioration of service and increasing capital costs of the extension/improvement project.


31/03/2021 - Update to the Procurement Code ref: 1331    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 31/03/2021

Effective from: 31/03/2021

Decision:

1)       That the Cabinet Member for Finance and Smart City approved the latest version of the Procurement Code as appended within Appendix 1 of the report.

2)       That the Cabinet Member for Finance and Smart City delegated authority to the Director of Commercial Partnerships to make any future editorial changes to the Procurement Code, in consultation with the Executive Director of Finance and Resources and the Cabinet Member.

Reasons for Decision 

 

1)        The Procurement Code served as a guide to Officers, giving practical effect to the Council priorities whilst at the same time mitigating against commercial and compliance risk. It provided the legal and procedural framework for the procurement of works, goods and services, underpinned the Procurement & Commercial Services operating model and:

 

o   detailed the appropriate governance, procurement thresholds and approval processes;

o   set out the Councils approach to procurement activity according to risk & contract value.

 

2)        The current version of the Procurement Code was now out of date and did not reflect the working practices of the departments new operating model or new and evolving Council priorities.

 


31/03/2021 - Kemp House, 90-104 Berwick Street, W1F 0QT section 106 Second Deed of Variation ref: 1330    Recommendations Approved

Approval sought.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 31/03/2021

Effective from: 31/03/2021

Decision:

1)                That the Cabinet Member for Finance and Smart City approved the terms of the Deed of Variation to the S106 Agreement and authorised that the City Council, as freehold owner of the site, enter into this agreement.

2)                That the Cabinet Member for Finance and Smart City delegated authority to the Head of Strategic Asset Management to authorise entry into any future deeds of variation in relation to this site and overarching S.106 Agreement, which did not propose to materially alter the substantive obligations or vary the Council’s liability (as freehold landowner of the site).

Reasons for Decision

1)                 CityWest Homes (an arms length management arm of the City Council which no longer exists and as of 31 March 2019 all management functions had been returned to the City Council), negotiated on behalf of the City Council to purchase four units of affordable housing accommodation at the proposed redevelopment of the podium adjacent to Kemp House, a Council-owned residential block in Soho (see Cabinet Member Report “Purchase of four new affordable housing units adjoining Kemp House, Berwick Street”).

2)                 Berwick Street Securities/PMB Holdings were the Developer, having leased the site from the City Council in June 2015 for a term of 125 years (see Cabinet Member Report “Berwick Street: Grant of New Head Lease”). The Developer received planning permission (13/12007/FULL) and entered into a S106 Agreement on 20 February 2015. The proposals include new retail units on ground floor with 16 residential units above (including 4 affordable) and a hotel. The development proposals retain the existing Kemp House.

3)                 Under the terms of the section 106 agreement, two of the units were to be let on affordable rents capped at £183 per week, whilst the other two units would be let as intermediate rent, one capped at £189 per week, whilst the fourth would be capped at £264 per week. All units were approximately 81m2 in area and comprise 3 bedroom 4 person accommodation. 

4)                 A deed of variation had been negotiated which amended the tenure of the units to enable them to be provided as social rented units, which was the City Council’s preferred form of affordable housing, and could be managed pursuant to the City Council’s existing allocations policy. 

5)                 The report also recommended that future deeds of variation, which do not propose to materially alter the terms of the overarching S.106 agreement, were dealt with at officer level. This was proposed so Cabinet Member approval was not required for straightforward administrative decisions which had no differing implications from the original decision, with a view to efficient decision making and the appropriate use of resources.

6)                 The S.106 Agreement was being entered into by the City Council both as landowner and as the Local Planning Authority. The Local Planning Authority’s authority to enter into the agreement derived from a delegated report pursuant to the scheme of delegation resolving to approve the application to vary the S.106 Agreement. The City Council as landowner required a separate Cabinet Member decision to enter into the agreement in that capacity.


01/04/2021 - Leisure Contract Variation ref: 1333    Recommendations Approved

Since the Government introduced emergency laws and ancillary industry guidance in light of the coronavirus pandemic, the contract between the Council and the leisure service contractor have been subject to change in law provisions as set out under the terms of the contract.

Decision Maker: Cabinet Member for City Management

Decision published: 31/03/2021

Effective from: 01/04/2021

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

SUBJECT: 

Leisure Contract Variation

 

Notice is hereby given that Councillor Melvyn Caplan, Member for City Management,has made the following executive decision on the above mentioned subject for the reasons set out below.

 

Since the Government introduced emergency laws and ancillary industry guidance in light of the coronavirus pandemic, the contract between the Council and the leisure service contractor have been subject to change in law provisions as set out under the terms of the contract.)

 

Recommendations

 

The report be exempt from disclosure by virtue of s100A and Schedule 12A of the Local Government Act 1972 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

The Cabinet Member for City Management approved the contract variation per Appendix B and delegated authority to the Executive Director of Environment and City Management to complete the contractual arrangements.

 

Reasons for Decision

 

It is of key strategic importance to the Council to reach a consensus and agreement with SLM on the contract variation in order to assure continuity of services and enable them to be open to residents in line with Government guidelines. It is also key that the conditions imposed on the Council with respect to its statutory duties, and any applicable grant funding or relief are in turn applied to the contractor and adhered to so as not to compromise relevant funding.

 

This decision has been taken as a matter of urgency and has been approved by the Chairman of the Finance, Smart City and City Management Policy and Scrutiny Committee and the Chief Executive.

 

Stuart Love, Chief Executive,

 

Westminster City Hall,

64 Victoria Street

LONDON 

SW1E 6QP

 

Publication Date:

 

01 April 2021

Implementation Date:

 

01 April 2021

Reference:

CMfE&CM/06/2021

sssssssssssssssssssssss

Wards affected: (All Wards);

Lead officer: Stephen Muldoon


30/03/2021 - Ebury Phase 2 Advanced Budget ref: 1328    Recommendations Approved

Cabinet Member approcal sought.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 30/03/2021

Effective from: 09/04/2021

Decision:

1.              Recommendations

1.1.         That Appendix B of the report is exempt from disclosure as it involves the disclosure of information as prescribed by paragraph 3 of Part 1 of Schedule12A to the Local Government Act 1972, (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority).

1.2.         The Cabinet Member for Finance and Smart City and the Cabinet Member for Communities and Regeneration approved an advanced budget of £5.1M to progress the detailed design and associated works (as detailed in sections 3.7 to 3.12 of this report) for Phase 2A up to completion of RIBA Stage 3.

1.3.         The Cabinet Member for Communities and Regeneration delegated authority to the Executive Director of Growth, Planning and Housing, to award appointments to the consultants to form the design team for commencing the Phase 2A design works, in consultation with the Cabinet Member for Communities and Regeneration.

2.              Reasons for Decisions

2.1.         Decisions around the delivery route for Phase 2 are to be taken in due course through an Outline Business Case and subsequent Cabinet Member Report that is currently being developed and due to be presented and formalised in Summer 2021.

2.2.         The total Phase 2 budget for Ebury was agreed by full Council on 3rd March 2021 as part of the approval of the council’s capital programme.

2.3.         An advanced budget approval is important to maintain a continuation of activity on the Ebury delivery programme because (subject to planning permission and subject to further Council decisions) it is viewed as beneficial if there can be a start date of Spring 2021 for the Phase 2A design work, which supports a proposed start on site in March 2023 for Phase 2A.

2.4.         An advanced budget approval is required in order to spend against the various consultant appointments up to completion of RIBA Stage 3 for Phase 2A.

2.5.         Subject to the approvals and delegated authority requested in this report, the project team can appoint the necessary consultants to form the design team for Phase 2A.

2.6.         The fee for these appointments will be for the entirety of Phase 2 however the spend against them will be managed by the parameters set out in this report.

2.7.         The advanced budget of £5.1M shall be used to appoint the following key consultants required for Phase 2A:

§  Architect

§  Multi-disciplinary Design Team

§  Project Manager/Employers Agent

§  Planning & Viability Consultant

2.8.         All contracts will include clauses to allow for termination at the end of each RIBA Stage if the Council did not wish to continue with the appointment.

2.9.         In addition to the termination clauses, the contracts will also be set up on the basis that they are capable of novation to a third-party Contracting Authority. This is in the event that a Delivery Partner is confirmed as the preferred delivery route through the Outline Business Case in Summer 2021 and therefore contracts need to allow for flexibility in the appointing party.  

2.10.     A portion of the advanced budget also allows for Phase 2 associated work relating to commercial and residential valuation advice, viability and delivery support, relocation of existing retail elements and an accelerated demolition of Bridge House in Phase 2A.

2.11.     If approved, the Hybrid Outline Consent for Phase 2 will include planning conditions governing many elements of the ongoing redevelopment, including all future demolition on the site. 

2.12.     The relevant planning condition would be fully cleared prior to the demolition of any of the Phase 2 buildings and would be post determination of the Hybrid Planning Application.

2.13.     Further reports will be submitted for future budget approvals for the remainder of Phase 2. No further spend will occur once the advanced budget is used and a further report will be submitted to ask for approval to spend after this point.

2.14.     Subject to further Council approvals around Phase 2, the above-mentioned key consultants will continue for the entirety of Phase 2. It is anticipated the Council may need to appoint a Compliance Monitoring Team and Sales Agent later in the programme and subject to further Council approvals.

2.15.     Full details of the budget requested is included within Appendix B of this report.

2.16.     Good progress has been made to date in enabling the scheme and the proposals in this report will maintain that momentum and continue delivery of the Council’s promises to the existing community.

 

 

Lead officer: David Thompson


29/03/2021 - Supply and Allocation of Social Housing 2020/21 ref: 1326    Recommendations Approved

Decision Maker: Cabinet Member for Housing

Decision published: 29/03/2021

Effective from: 29/03/2021

Decision:

That the Cabinet Member for Housing:

 

Agreed the proposed approach to social lettings set out in table 4 and Appendix B and that it was noted that this approach could change due to the impact of the pandemic, if a further emergency approach was needed for example.  

 

Noted the temporary approach to employment points, as set out in 4.11–4.15 sections of the report.

 

Agreed the Action Plan for procuring private rented properties for homeless households for 2020/21 in Appendix D. This would form part of the Accommodation Procurement Policy for Homeless Households. 

 

Reasons for Decision 

 

The City Council’s Housing Allocations Scheme was read alongside the annual Supply and Allocation of Social Housing Report, which set out the proportion of social housing the council expected to let to the different groups in need. These lettings projections were needed to guide the approach to lettings during the year. 

 

The Supply and Allocation of Social Housing Report was also needed to consider wider policy and lettings issues relating to social housing and in particular to consider the impacts of the council’s homelessness policies agreed in 2017.


18/03/2021 - 10.00 AM: Bellaria Restaurant, 71 Great Titchfield St, London W1W 6RB ref: 1325    Recommendations Approved

Decision Maker: Licensing Sub-Committee (2)

Made at meeting: 18/03/2021 - Licensing Sub-Committee (2)

Decision published: 29/03/2021

Effective from: 18/03/2021

Decision:

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 18 March 2021

          

Membership:           Councillor Tim Mitchell (Chairman), Councillor Richard Elcho and Councillor Maggie Carman

 

 

Officer Support:       Legal Adviser:     Viviene Walker

                                Policy Officer:     Kerry Simpkin

                                Committee Officer:     Cameron Maclean

                                Presenting Officer:     Jessica Donovan

 

 

Parties Present:       Mr Nimet Oner, the Applicant, Ms Ilkay Cinco Oner (representing the Applicant), Mr Richard Brown, Citizens Advice Westminster, Licensing Project (representing residents); Mr Gareth Hughes, Counsel (representing the Langham Court Hotel); Mr Yoram Blumann, representing the Fitzrovia Neighbourhood Association; Mr Christopher Sharp, Mr Austen Callison and Ms Barbara Corr (Objectors). 

                             

Application for a Variation of Premises Licence – Bellaria Restaurant Basement and Ground Floor 71 Great Titchfield Street London W1W 6RB

20/11567/LIPV

 

                                                     FULL DECISION

 

 

Premises

 

Bellaria Restaurant

71 Great Titchfield Street

London W1W 6RB

 

Applicant

 

Mr. Nimet Oner

 

Cumulative Impact Area

 

The Premises are not located within the Cumulative Impact Area

 

Ward

 

West End

 

 

 

 

 

 

 

Summary of Application

 

The Sub-Committee has determined an application for a variation of a premises licence under the Licensing Act 2003 (“the Act”).  The Premises are a restaurant situated in the West End Ward, but not within the Cumulative Impact Area or the Special Consideration Zone. 

 

 

Proposed Licensable Activities and Hours

 

Hours the Premises are open to the Public

 

Monday to Wednesday 10:00 to 23:30 hours

Thursday to Saturday 10:00 to 00:30 hours

Sunday 12:00 to 23:00 hours.

 

 Live Music operation

 

Thursday to Saturday 10:00 to 00:30 hours.

 

Recorded Music

 

Monday to Wednesday 10:00 to 23:30 hours

Thursday to Saturday 10:00 to 00:30 hours

Sunday 12:00 to 23:00 hours.

 

Late Night Refreshment

 

Monday to Wednesday 23:00 to 23:30 hours.

Thursday to Saturday 23:00 to 00:30 hours.

 

Sale by Retail of Alcohol (On Sales)

 

Monday to Wednesday 10:00 to 23:00 hours.

Thursday to Saturday 10:00 to 00:30 hours.  

Sunday 12:00 to 22:30 hours.

 

 

Representations Received

 

·       Environmental Health Service (Dave Nevitt)

·       Metropolitan Police Service (Nicole Sondh) (Withdrawn)

·       25 Local Residents

 

 

 

 

 

 

 

 

 

Summary of issues raised by Objectors

 

 

·       The proposals are likely to increase the risk of Public Nuisance.  The extended licensable activities sought are significantly beyond the Core Hours.

 

·       I object to the application to extend opening hours to 1:30 a.m. on Thursdays, Fridays and Saturdays for late night refreshment and sale of alcohol, and until 11.30 p.m. on Sunday for the sale of alcohol. The proposal to extend the hours when music played is also problematic. This would represent a very significant increase on the hours currently allowed.   It will undermine licensing objectives to prevent public nuisance. The restaurant has I understand already received multiple noise complaints from residents about loud music emanating from the premises. It should be noted these complaints have been made within current licensing arrangements, which ensure the premises close at a reasonable time. It can, therefore, be assumed that these issues would continue were the premises allowed to open until 1:30 a.m. only this time they would cause more nuisance as the restaurant would clearly continue much later into the night. In addition, it would create a precedent, paving the way for further public nuisance issues, again contrary to the licensing objectives. 

 

·       These kinds of late-night licensing applications are not appropriate for a highly residential area.   The applicant does not propose specific measures to attenuate the noise and vibration caused by these activities, it does not propose limiters on volume and noise and bass, it does not mention sound systems or volumes, or how this is to be controlled, it does not propose to fit soundproofing; it does not show where within the premises this activity would take place and how many people would be allowed to dance on the floor. 

 

·       There are no measures to prevent noise escaping through the doors; currently, there are no double doors, and the door remains open most of the time, causing noise to escape to the street.  There is no proposal to control and minimise the number of people going out for a smoke.  It is right to support hospitality businesses during a moment like the one we're living through. However, it's important to strike a balance between protecting residential amenity and supporting businesses, which this application would fail to do. Furthermore, the licensing objectives must be maintained.

 

·       The restaurant is located at the heart of a residential area; we have major concerns over the potential loss of amenity to residents, in particular good night sleep caused by the nuisance from the premises. There is a past record of complaints from residents regarding issues of public nuisance. The proposed conditions and measures by the applicant are inadequate and fail to address the concerns raised above. Given the residential character of the area, the potential of nuisance caused by the premises into 0130 and beyond, would prevent residents from going to sleep before 0200, this is unacceptable.  Noises from the premises, the coming and going to and from the premises, cars, taxis minicabs, uber services, engine cars revving or being kept running while the vehicle is waiting for patrons to emerge, the dispersal of customers leaving the premises and the noise made by bringing chairs and tables inside. 

 

·       This is an area with a high number of residents.  All the buildings close to the specific location of the restaurant contain flats - other than the immediate neighbour on Langham Street, and that is a hotel. I believe that all these people could be badly affected by the extension of the opening hours late into the night and the additional disturbance that would be caused. I would certainly be impacted by the additional disturbance late at night because I live on Langham Street and my bedroom is directly opposite the restaurant.  The potential disturbances are not only from the immediate noise of the diners and the entertainment proposed but the noise caused by their departure and the closing up of the restaurant.

 

·       I am sympathetic to the need of our local restaurants to make a living. They make a valuable contribution to the vitality and liveliness of our area and I am keen that they should prosper, but this must not be at the expense of the ability of the local residents to get a good night's sleep. The local residents also make a valuable contribution to the atmosphere of the area and they should have their interests protected too.  I believe an extension to opening hours would set a very bad precedent and open up the possibility of other restaurants in the area also seeking to extend their hours. The level of noise and disturbance could very rapidly become intolerable. I strongly believe there is a need for all the hospitality businesses in the area to close by 11pm at the latest.  For these reasons I wish to object strongly to any extension of opening hours for this restaurant and ask you to reject this licensing application.

 

 

 

Policy Considerations

 

Policies HRS1, RTN1 and PB1 apply under the City Council’s Statement of Licensing Policy.  Applications outside the West End Cumulative Zone will generally be granted subject to the application meeting the requirements of Policies CD1, PS1, PN1 and CH1.

 

 

                                           SUBMISSIONS AND REASONS

 

 

The Presenting Officer, Ms Donovan summarised the application to the Sub-Committee.  She confirmed that during the consultation process, the Applicant had withdrawn the application for the “Performance of Dance”.

 

Ms Donovan stated that representations had been received from the Metropolitan Police Service, but these had subsequently been withdrawn following agreement with the Applicant on proposed conditions to be attached to the Premises Licence.

 

Mr. David Nevitt on behalf of Environmental Health Services (EHS) stated that EHS had maintained its representation as there were several objections from residents and because the application was beyond the Council’s policy on Core Hours.

 

Mr. Nevitt stated that there was no history of noise complaints from these premises which had been operating for quite a long time as a restaurant.  He went on to say, on checking the Council’s records for noise complaints relating to these premises, there had been a complaint in 2017, about the use of speakers outside the premises which had resulted in Council Officers visiting the premises.  On that occasion, it was not held that the speakers constituted a nuisance.

 

Mr. Richard Brown, from the CAB Licensing Project, on behalf of Residents stated that it was apparent from the representations made by residents that there was a lot of goodwill towards the restaurant and residents wished the restaurant success when it reopened.  However, he stated that it was not accurate to say there had been no noise complaints from the premises.  Mr Brown then referred to specific complaints set out in the representations.

 

Mr. Brown proposed that, should the application be granted, this would exacerbate existing concerns about noise nuisance which might otherwise be managed within the existing licence conditions.

 

Mr. Brown stated that residents were opposed to the application to allow live music until midnight, noting there was no acoustic lobby at the entrance to the premises, and no proposals to install a sound limiter.  Mr. Brown referred to Paragraph E8 of the Core Hours Policy (HRS1) in the Council’s Statement of Licensing Policy which emphasised the link between a late terminal hour and dispersal, Policy PN1, Prevention of Public Nuisance and the application of that policy in accordance with the criteria and consideration set out in the Statement of Licensing Policy.

 

Mr. Gareth Hughes on behalf of the Langham Court Hotel which was immediately adjacent to the premises stated that there was too little evidence in the application to support the late hours sought by the Applicant.  Therefore, the application must fail.

He stated that there was nothing in the application to say how the Applicant would promote the licensing objective of Prevention of Public Nuisance or measures to ameliorate possible noise nuisance, particularly, given there was a party wall between the premises and the Langham Court Hotel next door.

 

Ms. Ilkay Cinco Oner on behalf of the Applicant, stated that she was the leaseholder of the Premises which were managed by Mr Oner.  She stated that having reviewed the objections to the application, it had been decided to withdraw the application for “Performance of Dance” and to prepare a response to the queries raised by neighbours.

 

Ms Oner stated that the Applicant did not wish to cause any nuisance or disruption to the neighbours.  She stated that it was a very small restaurant accommodating 28 people upstairs and 30 people downstairs.  She stated that, regarding the dispersal of patrons and management of the smoking area, the Applicant was willing to consider any proposals that might be put forward by residents.  In addition, a member of staff would be employed to manage the door and ensure there was no disturbance as patrons left the Premises.

 

Ms. Oner noted that concerns had been expressed about the premises becoming a bar.  She emphasised that the Premises would not become a bar.  She stated that there would be no vertical drinking and the sale of alcohol would be ancillary to a meal and would be by table service only.

 

In conclusion, Ms Oner stated that the Applicant was willing to discuss any concerns anyone might have about the application, noting that the Applicant had accepted the conditions proposed by the Police.

 

In response to Members’ questions, Ms Oner and Mr Oner provided the following information:

 

·       The music proposed for the basement area would be background music or a     person playing a saxophone or a guitar.  There would not be hard-core drum and bass and/or a resident DJ.

·       The Applicant had never received any noise abatement notice or other documentation relating to noise complaints.

·       For evening booking, often the menu would have been agreed in advance and would consist of 3 to 4 courses with an expectation that the group would stay for 2 to 3 hours.

·       The proposed door staff would be SIA registered door supervisors who would be employed on Thursday, Friday, and Saturday evenings.

 

The Chairman of the Committee referred to the licence conditions proposed by the Responsible Authorities and Ms Oner confirmed that the Applicant had agreed to these conditions.  In addition, Ms Oner stated that the Applicant would be willing to reduce the hours for the opening of the Premises to the public, on Thursday to Saturday from 01:30 to 01:00 hours.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits.  It welcomed that fact that the Applicant had engaged with the Responsible Authorities.  The Sub-Committee were mindful of the fact that conditions had been agreed with the Responsible Authorities.

 

The Sub-Committee took comfort from the fact that the Police had withdrawn their objection.  This demonstrated to the Sub-Committee that the Police were satisfied with the application when it came to crime and disorder and that the conditions, they sought in relation to a SIA Door Supervisor Staff from 22:00 hours Thursdays to Saturdays was to be imposed on the Premises Licence having the desired effect of upholding the crime and disorder licensing objective.

 

The Sub-Committee noted that after discussions with the Environmental Health Service the Applicant had agreed to amend the application to reduce the hours that the Premises would be open to the public Thursdays to Saturdays as set out in the application.

 

The Sub-Committee also noted that live and recorded music were played in the basement area of the Premises, and during the time the Applicant had operated these Premises, this had not given rise to any noise complaints from residents or the adjoining Langham Court Hotel.   The Sub-Committee concluded that the lack of previous complaints alongside the Environmental Health Service conditions would alleviate residents’ concerns.

 

The Sub-Committee considered that the conditions it has imposed on the Premises Licence were appropriate and proportionate to promote the licensing objectives.  Accordingly, the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives. 

 

Having carefully considered the committee papers and the submissions made by all parties both orally and in writing, the Sub-Committee decided, after taking into account all the circumstances of this application and the promotion of the licensing objectives to grant the application with the following permissions:

 

  1. To grant permission to extend the hours the premises are open to the public, Monday to Wednesday 10:00 to 23:30; Thursday to Saturday 10:00 to 00:30 hours; Sunday 12:00 to 23:00.

 

  1. To grant permission to add Live Music operation Thursday to Saturday 10:00 to 00:30 hours.

 

  1. To grant permission to change and extend the hours of Recorded Music, Monday to Wednesday 10:00 to 23:30; Thursday to Saturday 10:00 to 00:30 hours; Sunday 12:00 to 23:00.

 

  1. To grant permission to change and extend the hours of Late-Night Refreshment, Monday to Wednesday 23:00 to 23:30; Thursday to Saturday 23:00 to 00:30 hours.

 

  1. To grant permission to change and extend the Sale of Alcohol on the Premises, Monday to Wednesday 10:00 to 23:00; Thursday to Saturday 10:00 to 00:30 hours; Sunday 12:00 to 22:30.

 

6.     That the Licence is subject to any relevant mandatory conditions.

 

  1. That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

 

Conditions imposed by the Committee after a hearing

 

8.       The premises shall install and maintain a comprehensive CCTV system as

     per the minimum requirements of the Westminster Police Licensing Team. All

     entry and exit points will be covered enabling frontal identification of every

     person entering in any light condition. The CCTV system shall continually

     record whilst the premises are open for licensable activities and during all

     times when customers remain on the premises. All recordings shall be stored

     for a minimum period of 31 days with date and time stamping. Viewing of

     recordings shall be made available immediately upon the request of Police or

     authorised officer throughout the entire 31day period.

 

9.        A staff member from the premises who is conversant with the operation of

           the CCTV system shall be on the premises at all times when the premises   

           are open. This staff member must be able to provide the Police or authorised

           council officer copies of recent CCTV images or data with the absolute

           minimum of delay when requested.

 

10.      A Challenge 21 or Challenge 25 proof of age scheme shall be operated at  

           the premises where the only acceptable forms of identification are

           recognised photographic identification cards, such as a driving licence,

           passport or proof of age card with the PASS Hologram.

 

11.      An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following: 

(a) all crimes reported to the venue 

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder 

(d) any incidents of disorder

           (e) all seizures of drugs or offensive weapons 

(f) any faults in the CCTV system, searching equipment or scanning equipment 

(g) any refusal of the sale of alcohol 

(h) any visit by a relevant authority or emergency service

 

12.      On Thursday, Friday and Saturday after 23:00 hours until 00:30 hours the following day. The premises shall only operate as a restaurant 

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, 

(iv) which do not provide any takeaway service of food or drink for immediate consumption,

(v) which do not provide any takeaway service of food or drink after 23.00, and 

(vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals. 

 

13.      All outside tables and chairs shall be rendered unusable by 23:00 hours each day.

 

14.      On Thursday, Friday and Saturday, entry to the venue after 21:00 hours will be by prior reservation only and the last entry will be at 23:00 hours.

 

15.      All windows and external doors shall be kept closed at any time when regulated entertainment takes place, except for the immediate access and egress of persons. 

 

16.      On Thursday, Friday and Saturday, a minimum of one (1) SIA licensed door supervisor shall be on duty at the premises from 21:00 hours until 30 minutes after licensing hours.

 

17.      Live entertainment shall cease at midnight.

 

18.      Save for in any permitted external area, patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke, shall not be permitted to take drinks or glass containers with them.

 

19.      The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

20.      Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

21.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

22.      Regulated Entertainment (live music/recorded music after 23:00 hours) will only take place in the Basement.

 

23.      There will be a designated smoking area and the number of smokers permitted at any one time will be limited to 6 persons.

 

24.      There shall be no sales of hot food or hot drink for consumption off the premises after 23:00 hours.

 

25.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

26.      No deliveries to the premises shall take place between (23:00) and (08:00) on the following day.

 

 

This is the Full Decision reached by the Licensing Sub-Committee.

 

This Decision takes immediate effect.

 

Wards affected: West End;


26/03/2021 - Adoption of Westminster's City Plan 2019 - 2040 ref: 1323    Recommendations Approved

Westminster's City Plan 2019 - 2040 has been through statutory public examination and has been found sound subject to modifications, which have been made. The Plan is therefore recommended for adoption at Full Council.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 26/03/2021

Effective from: 26/03/2021

Decision:

Summary of Decision

 

That the Cabinet Member agreed:

 

That the contents of the Inspector’s report (attached at Appendix 1 of the report) be noted.

 

That Westminster’s City Plan 2019 - 2040 (attached at Appendix 2 of the report) and the associated Policies Map (attached at Appendix 3 of the report) incorporating the schedule of main modifications (attached at Appendix 4 of the report) be recommended to the next Full Council for adoption.

 

That the Full Council be recommended to delegate authority to the Director of Policy and Projects to undertake all necessary procedural steps required by Town and Country Planning (Local Planning) (England) Regulations 2012(as amended) in relation to the adoption of the City Plan and Policies Map, including:

 

·       issuing an adoption statement (Regulation 26) (see Appendix 5 of the report) publicly and to the Secretary of State

·       giving notice of the adoption to anyone who asked to be notified (Regulation 26)

·       making the new Plan, adoption statement and sustainability appraisal report publicly available (Regulation 26 and 35)

 

 

Reasons for Decision

 

To enable the council to manage the sustainable development of Westminster by adopting the policies in the City Plan 2019 – 2040 and the Policies Map to the City Plan pursuant to Regulation 26 and 35 of theTown and Country Planning (Local Planning) (England) Regulations 2012.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

26 March 2021

Implementation Date:

26 March 2021

 

Wards affected: (All Wards);

Lead officer: Kimberley Hopkins


23/07/2021 - Intermediate Rent Homes at Farm Street ref: 1375    Recommendations Approved

Transfer of the intermediate rent homes being built at the Farm Street Development to Westminster Builds

 

 

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 25/03/2021

Effective from: 31/07/2021

Decision:

2.     Recommendations

2.1.     This report is exempt from disclosure by virtue of the Local Government Act 1972   Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding).’

2.2.     The Cabinet Member for Communities and Regeneration gave:

2.2.1.  Approval as Shareholder of the Company to enter into the legal and financial documents required to acquire the 14 Intermediate Rent homes at Farm Street and to rent them to qualifying tenants under the terms of the S106 unilateral undertaking (and any subsequent variations), as set out in Westminster Build’s Board decision on 3rd December 2020

2.3.     That the Cabinet Member for Finance and Smart Cities gave:

2.3.1.       Approval for the Council to dispose of the 14 Intermediate Rent homes at Farm Street to the Company for a value no less than best consideration reasonably obtainable as per RICS Red Book valuation on a 125-year term leasehold interest at a peppercorn rent.

2.3.2.       Approval to enter into a variation of the s.106 unilateral undertaking dated 14th April 2016 to enable the Council to transfer the 14 Intermediate Rent Homes at Farm Street to the Company and for the Director of Law to enter into any further unilateral undertaking and legal documentation to enable this variation or any future variation that may be required in order to implement the recommendations in this report.

2.3.3.       Approval to the Director of Law to enter into any legal documentation ancillary to or required to facilitate the recommendation in 2.2.1.

2.3.4.       Approval for the general fund to invest sufficient debt and equity into the Company to fund the purchase, as set out in appendix 1.

2.3.5.       Delegation of the approval of the final negotiation of detailed terms of the financial documents to Executive Director of Finance and Resources and approval to the Director of Law to enter into any legal or financial documents required.

2.3.6.       Delegation to the Executive Director of Growth Planning and Housing to approve the terms of any Management Agreement on behalf of the Council’s Housing Management to provide management services to the Company and approval to the Director of Law to facilitate and enter into any legal documentation thereto.

3.     Reasons for Decision

3.1.Westminster Builds (WB) is the trading name for the Council’s subsidiary Westminster Housing Investments Limited (WHIL) and WHIL’s subsidiary Westminster Housing Developments Limited (WHDL). The transaction proposed is between the Council and WHIL, and therefore WB and WHIL are used interchangeably in this report.

 

3.2.Intermediate Rent housing cannot be efficiently held in the HRA and would normally be sold to a registered provider such as Westminster Community Homes. As WB’s business plan sets out it is preferable for the Council to instead sell Intermediate homes to Westminster Housing Investments Limited.

 

3.3.Normally a decision to dispose of homes built in a development would have been included in its Full Business Case, however Farm Street development pre-dates the creation of WB and therefore requires a separate decision under the Council’s Financial Regulations.

 

3.4.As the drafted S106 for the development was completed in 2016 it did not envisage the existence of WB and therefore amendments are required to enable it to own and operate the homes.  Officers have had informal discussions with the local planning authority as to suitable amendments to the s.106 agreement and an application will be made to the local planning authority to make a variation to s.106 if the recommendation within this report is approved.

3.5.                In addition to the approval for the Council to sell its dispose of its assets, authority is required from the Council, acting as WHIL’s shareholder, to authorise the Company to acquire the homes. This acquisition is funded by debt and shareholder loans from the Council.

 

 

Wards affected: West End;

Lead officer: Timothy Hampton


22/03/2021 - Fitzrovia West Neighbourhood Plan Decision Statement ref: 1322    Recommendations Approved

Seeking approval to make examiner's suggested modifications to the neighbourhood plan and proceed to referendum

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 22/03/2021

Effective from: 22/03/2021

Decision:

That the Cabinet Member agreed:

1.          That the recommendations of the examiner as set out in the council’s decision statement (Appendix 1 to the report) be accepted.

 

2.          That the examiner’s recommendation that the Fitzrovia West Neighbourhood Plan, as modified in Appendix 2 to the report, proceed to two referendums (as is required for designated business neighbourhoodareas).

3.          That in accordance with the examiner’s recommendation, the referendum area be restricted the neighbourhood area designated by the council on 28th March 2014 as the Fitzrovia West Neighbourhood Area.

4.          That if the results of the two referendums are in support of the approval of the plan, the council proceeds to formally make the plan.

 

1.      The examiner’s recommendations will ensure the Fitzrovia West Neighbourhood Plan is clear and effective as a framework for making decisions on planning applications in the Fitzrovia West Neighbourhood Area. They address the concerns raised by the council and other stakeholders, and ensure the plan meets the basic conditions prescribed by legislation.

 

2.      Before a neighbourhood plan can be made, it is a statutory requirement that it is first subject to two referendums in areas that are designated as business neighbourhood areas. Before this happens, the council must publish a decision statement setting out the actions it proposes to take in response to the examiner’s report.

 

Wards affected: Marylebone High Street; West End;

Lead officer: Michela Leoni


30/03/2021 - Marble Arch Mound - Design, commission, construction and operation of the showcase event ref: 1327    Recommendations Approved

This report seeks a number of decisions regarding the sourcing and financial approach for delivering the showcase event of the Marble Arch Mound (“the Mound”), a temporary structure located at Marble Arch which replicates a natural mound with a viewing platform at the summit.

 

Decision Maker: Cabinet Member for City Management

Decision published: 08/03/2021

Effective from: 09/04/2021

Decision:

Recommendations

1.1.         The appendices to this report be exempt from disclosure by virtue of s100A and Schedule 12A of the Local Government Act 1972 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

1.2.         That the Cabinet Member for City Management:

a)        Approved the sourcing approach of two packages, using FM Conway for the design & build elements and procuring, via tender, the event management service provider.

b)        Approved the design development proceeding in parallel to the Planning Application of the Mound in order to achieve the ambitious commencement date.

c)        Approved the high-level capital and gross revenue expenditure of up to £2m on the understanding that the Project team will work to refine and reduce this figure where possible. In the event it transpires that the project budget is at risk of being exceeded, a further report will be submitted setting out the risks and quantum of exceeding the project budget and seeking further approval. The net cost has the potential to be substantially lower due to the various potential income streams referred to in the report.

d)        Approved the approach of the Project team exploring risk mitigation options such as purchase (and capitalisation) of scaffolding subject to standard governance requirements and delegations.

 

Reasons for Decision

1.3.         The Mound is intended to be a showcase attraction and will be challenging to deliver in the timescales available. It comprises a unique temporary structure to be designed and built for the public to access and enjoy views from the summit. It is quickly apparent that there is no single provider that could provide the entire spectrum of requirements as part of its own core business. It would either require a contractor to further develop the design and build the structure while subcontracting the events management package; or an events management organisation which would need to sub-contract the design development and build package.

1.4.         While the requirement could be procured as a single package, there would inevitably be some significant sub-contracting required under such an approach. This approach typically reduces Council involvement in the selection of sub-contractors but adds management costs to the sub-contracted element. The Council should retain its control over selection of the providers of the two key specialisms by directly selecting and appointing both the works contractor and the event management service provider as both entities will be pivotal to a successful outcome. There is no apparent advantage in the Council ceding that selection to a third party under a sub-contract arrangement.

1.5.         For the design & build contractor, the timeline for procuring the contractor and then delivering the design and build requirements is approximately 18 weeks to procure and 16 weeks to design and build, for a total of 34 weeks. This would result in a commencement date of approximately late September 2021.

1.6.         By utilising an existing contract with appropriate, relevant scope, the commencement date could be achieved in approximately 18 weeks (some time is needed to develop the specification / deliverables for the existing contractor).

1.7.         The Council has identified its existing contract Highways Maintenance Management and Public Realm Projects (also known as Highways Framework Contract A) as having the appropriate scope and instruction mechanism for delivering the design and build package. The Highways Framework Contract A is valid to end March 2023 and is with FM Conway.

1.8.         The reasons supporting this decision are:

a)        The contract scope includes temporary structures.

b)        Ability to rapidly instruct the contractor via Task Service Order (TSO) process.

c)        The contractor is not tied to a named sub-consultant designer. It will either detail in its proposal how its in-house resources will fulfil these requirements, or if sub-contracted, it has to identify the sub-contractor and detail the reasons for the sub-contractor selection. There is a contractual right for the Council and its officers to be consulted on TSO’s so the Council can reject any proposed specialist designer (under sub-contract) where the Council has concerns that the proposed sub-contractor cannot suitably deliver the unusual requirement.

d)        Good relevant experience – Illuminated River Project.

e)        Recent positive experience of rapid roll-out of emergency works during Covid19.

f)          Competitive pricing arrangements based on economies of scale due to the significant aggregate annual spend under Highways framework A.

1.9.         Please see appendix 2 for details of alternate contracts considered.

1.10.     For the event management element, the scope will include but not be limited to the following:

a)        Plan, resource and operate the showcase event for a period of 6 months initially (with option for a further 6 months in case the event is extended due to popular demand).

 

Wards affected: Bryanston and Dorset Square; Hyde Park; Knightsbridge and Belgravia; West End;

Lead officer: Rakesh Vaghela


30/06/2021 - Extension of the contracts with Zipcar (UK) Ltd for Fixed Point and Flexible car sharing services ref: 1367    Recommendations Approved

To extend the contracts for 1 year from the current expiry of 30th June 2021.  Car Sharing provides an alternative to private vehicle ownership and the fixed point and flexible car sharing contracts provide 185 and 90 vehicles respectively on street for members to

Decision Maker: Cabinet Member for City Management

Decision published: 24/02/2021

Effective from: 30/06/2021

Decision:

Recommendations

 

1             The Cabinet Member for City Management approved the extension of the contract for Fixed Point car sharing starting from 1st July 2021 to 30th June 2022. 

2             The Cabinet Member for City Management approved the extension of the contract for Flexible car sharing from 1st July 2021 to 30th June 2022.

 

Reasons for Decision

 

1.     The proposed extension of the contracts by one year is due to the resilience and good performance that Zipcar has demonstrated especially considering the impact that Covid-19 has had on the service. It will also allow sufficient time to procure a broad service incorporating three models of car sharing to increase the number of available vehicles to residents, introduce competition to the market and meet the financial shortfall generated by the departure of Drive Now from the UK market. 

 

Wards affected: (All Wards);

Lead officer: Raj Mistry


18/06/2021 - Footway Parking for Rental e-scooters ref: 1298    Recommendations Approved

A Cabinet Member decision is needed to make exemptions for DfT type-approved rental e-scooters to be allowed to be parked on the footway.

 

Decision Maker: Cabinet Member for City Management

Decision published: 04/02/2021

Effective from: 18/06/2021

Decision:

2.1      The Cabinet Member for City Management approved the list of proposed ten unused footway locations set out in (Appendix C) for rental e-scooter parking.

 

3.        Reasons for Decision

 

3.1      The rider and/ or operator of any mechanically propelled vehicles parked with one or more wheels on the footway is currently guilty of an offence under the Greater London Councils (General Powers) Act 1974. Agreement to the above recommendations in this report will provide exemption for the City Council to permit rental e-scooters to park on strictly designated highway locations in Westminster for the trial period.

 

3.2      This approach will enable the City Council to monitor and assess the impacts of both footway and carriageway designated parking bays for rental e-scooters and better understand how micromobility vehicles can be safely accommodated on Westminster’s Streets.

 

Wards affected: (All Wards);

Lead officer: Steve Tse


03/08/2021 - Villiers Street Public Realm - TMO, Detailed design and Implementation ref: 1380    For Determination

To undertake Traffic Order consultation, detailed design and implementation of public realm improvements and security measures on Villiers Street

Decision Maker: Cabinet Member for City Management

Decision published: 07/12/2020

Effective from: 11/08/2021

Decision:

Recommendations

Approval has been given by the Cabinet Member for City Management for the following matters:

 

2.1     The carrying out of a Traffic Management Order (TMO) consultation.

 

2.2     To proceed with detailed design and implementation of the proposed scheme as outlined in General Arrangement drawings in Appendix C and to make traffic orders to facilitate this implementation.

 

2.3     For the Director of City Highways to enter into a management agreement with JLL to operate the bollards.

 

2.4     For the Director of City Highways to enter into a Section 8 agreement with Transport for London (TfL) to install bollards on their land to protect the Embankment tube station and Villiers Street.

 

2.5     For capital expenditure of £4.640 million necessary to implement the scheme.

 

2.6     That authority be delegated to the Director of City Highways, in consultation with the Cabinet Member for City Management, to approve minor modifications to the scheme should they become necessary and as a result of the TMO consultation.    

 

Reasons for Decision 

 

3.1      Villiers Street is in a poor state of repair and requires urgent maintenance. As a highway authority, it is our duty to maintain a safe pedestrian environment.

 

3.2   Including security improvements within the public realm scheme, will reduce the vulnerability of Villiers St to a terrorist attack utilising certain attack methodologies.

 

3.3      A public consultation has been undertaken and the results show that more than 50% respondents are in favour of the public realm improvements, pedestrianisation and timed closure of the road. A TMO consultation will be undertaken later in the year on the specific changes to parking and loading restrictions and on the timed closure.

 

3.4      Various concerns raised during this consultation have either been addressed by making changes to the proposed scheme or responses provided. Most concerns raised were regarding the timed closure and its impact on deliveries to businesses and residents on the street. This is being addressed by changing the proposed opening hours to 5am to 11am Mon-Sun, although the exact hours are still subject to further consultation with local residents, as well as providing extra loading bays on Embankment Place. These proposed changes will be part of the Traffic Order consultation to be undertaken later this year. Stakeholders will have another opportunity to respond then and any decision on timed closure will be taken after this consultation.

 

Wards affected: St James's;

Lead officer: Anju Banga