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

14/01/2022 - Film Classification ref: 1580    Recommendations Approved

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 14/01/2022

Effective from: 14/01/2022

Decision:

Decision:

The Cabinet Member for Business, Licensing and Planning has agreed to adopt the film classification process outlined and has agreed the reasonable costs to cover the classification process.

 

The fee charged to the applicant will be based on the following criteria as shown in appendix 3:

 

·       The length of the film submitted is based on a Band 3.5 officer minute rate.

·       The application fee is based on a Band 3.5 officer hourly rate.

·       The appeal classification, where the applicant is requesting the film to be re-classified will be referred to the Team Manager and will be charged based on band 4.4 (Team Manger minute rate).

 

Reasons for decision:

 

The statutory authority for charging reasonable costs falls within section 93 of the Local Government Act 2003. Details on the act can be found at Appendix 5.

 

By introducing a fee for the classification of films, the Licensing Service is proposing to recover for officer time and other associated costs. It is estimated the level of income earned will be approximately £25,000 per annum.

 

Wards affected: (All Wards);

Lead officer: Calvin McLean


14/01/2022 - Revocation of Supplementary Planning Documents and Guidance ref: 1581    Recommendations Approved

Report seeking agreement to revoke a number of outdated supplementary planning documents and guidance notes.

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 14/01/2022

Effective from: 14/01/2022

Decision:

Decision

 

The Cabinet Member for Business, Licensing and Planning has agreed to formally revoke the Supplementary Planning Guidance and Supplementary Planning Documents listed in paragraph 4.3 of this report.

 

 

Reasons for Decision

 

To ensure Westminster’s planning framework is up to date and relevant, which will enable the council to manage the sustainable development of Westminster. It will also help stakeholders have clarity on what guidance we will use to determine planning applications.

 

Wards affected: (All Wards);


13/01/2022 - Community Testing Facilities and Testing Delivery ref: 1579    Recommendations Approved

Renewal and extend the licenses with DHSC to permit the continued use of Lydford Tenants & Residents Hall, Greenside Community Centre, and Grosvenor Hall as PCR testing sites until the end March 2022.

 

Decision Maker: Cabinet Member for Housing

Decision published: 13/01/2022

Effective from: 21/01/2022

Decision:

 

1.        Recommendations

1.1      That the cabinet members agrees to renew and extend the licenses with DHSC to permit the continued use of Lydford Tenants & Residents Hall, Greenside Community Centre, and Grosvenor Hall as PCR testing sites until the end March 2022.

 

2.        Reasons for Decision 

 

2.1      Licences expire at the end of October and DHSC has requested that the Council extends them and continues to allow PCR testing to take place until potentially the end of March 2022.

2.2      Due to a current petition which has just over 100 signatures we are seeking Cabinet Member approval to grant the License in respect of Greenside Community Centre to which the petition relates.

2.3      Approval is also being sought to continue with testing at the 2 further sites (Lydford Tenants & Residents Hall and Grosvenor Hall.

 

Wards affected: Church Street; Harrow Road; Vincent Square;


07/01/2022 - Approval of Expenditure from the Ward Budget of Churchill Ward, Knightsbridge and Belgravia Ward and Warwick Ward ref: 1577    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 07/01/2022

Effective from: 07/01/2022

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £10,000.00 in respect of the above proposal, from the ward members of Churchill, Knightsbridge and Belgravia and Warwick wards, as detailed in the report.

Wards affected: Churchill; Knightsbridge and Belgravia; Warwick;

Lead officer: Monique Shockness


06/01/2022 - Approval of Expenditure from the Ward Budget of Warwick ref: 1576    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 06/01/2022

Effective from: 06/01/2022

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £13,538.95 in respect of the above proposal, from the ward members of Warwick ward, as detailed in the report.

Wards affected: Warwick;

Lead officer: Clare O'Keefe


06/01/2022 - Rehousing Policy for Residents of Huguenot House ref: 1575    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 06/01/2022

Effective from: 14/01/2022

Decision:

1.        Recommendations

 

1.1      Recommendations for the Cabinet Member for Finance and Smart City:

 

1.1.1 The Rehousing Policy for Residents of Huguenot House in Appendix B is agreed.

 

1.1.2 The Director responsible for the Huguenot House redevelopment, or any other person duly delegated by them, has the delegated authority, in conjunction with the responsible Cabinet Member to decide when the Policy, or part of the Policy, is implemented.

 

1.1.3 In order to implement the Policy, the Director responsible for the Huguenot House redevelopment, or any other person duly delegated by them, has the delegated authority to enter into an individual equity loan agreement, shared equity or shared ownership leases or arrangements with leaseholders, where it has been agreed they can buy one of the new build properties at Huguenot House in any of these ways.  

 

1.1.4 In order to implement the Policy, the Director responsible for Huguenot House, or any other person duly delegated by them, has the delegated authority to enter into an individual equity loan agreement or shared equity leases or arrangements at a property elsewhere, where it has been agreed they can buy a property in this way.

 

1.1.5 In order to implement the policy, the Director responsible for Huguenot House redevelopment, or any other person duly delegated by them, has the delegated authority to enter into negotiations with leaseholders to acquire properties by agreement.

 

1.1.6 In order to implement the Policy, the Director responsible for Huguenot House, or any other person duly delegated by them, has the delegated authority to take all necessary decisions pursuant to the Policy and to deal with all necessary legal agreements or arrangements to effect the recommendations as set out in this report or as required by the Policy.

 

1.2      Recommendations for the Cabinet Member for Housing:

 

1.2.1 That the necessary adjustments are made to the council’s Housing Allocation Scheme 2020 and the selection criteria for Homeownership Westminster, the council’s intermediate housing service, and any other relevant policies in order to implement the Policy for secure tenants of Huguenot House.  

 

1.3      Recommendations for the Cabinet Member for Communities and Regeneration:

2.3.1 That the necessary adjustments are made to the council’s Home Improvement Grants and Assistance and Leaseholder Relocation Assistance Policy made under Regulatory Reform Order 2002 Updated 2020 and any other relevant policies, in order to implement the proposed Policy for resident leaseholders of Huguenot House.   

 

2.        Reasons for Decision 

 

2.1      In March 2021 the Cabinet Member for Finance and Smart City made the decision that Huguenot House should be redeveloped[1] following extensive consultation. The redevelopment is estimated to take three years and will involve it being demolished and rebuilt so vacant possession of the block is needed.

 

2.2      A Rehousing Policy for residents is needed in order to set out the support and assistance that will be provided to the three secure tenants and ten resident leaseholders to help them move. The Policy includes options for them to return to the newly developed Huguenot House, which will include private and some affordable housing. 

 

2.3      In order to implement the Policy some minor changes are also needed to the Allocations Scheme 2020 and the Home Improvement Grants and Assistance and Leaseholder Relocation Assistance Policy made under Regulatory Reform Order 2002 Updated 2020.  

 



 

 

Wards affected: West End;

Lead officer: Cecily Herdman


28/10/2020 - The Planning White Paper 'Planning for the Future' ref: 1293    Recommendations Approved

Decision Maker: Planning & City Development Committee

Made at meeting: 28/10/2020 - Planning & City Development Committee

Decision published: 04/01/2022

Effective from: 28/10/2020

Decision:

6.1       The Committee received a report which provided an overview of the   proposals set out by Government in the Planning White Paper ‘Planning for    the Future’ and identifies those aspects that would have the most significant             impact on planning in Westminster, should they come forward in the form            currently proposed.

 

6.2       The Planning White Paper proposes significant change to the current        planning system in England. The aims of the White Paper, to increase      housing delivery, speed up and streamline both the plan-making and             decision-making processes and better promote ‘beautiful’ design are            supported. However, the lack of detail in the White Paper leaves significant        questions about how these aspirations are to be achieved and in many             instances further detail will be required following consultation on the White    Paper to fully understand the impact that the proposals will have on the     management of development and the delivery of good growth in Westminster   in the future.

 

6.3       Members held discussion and noted the following: -

 

·       That the three main pillars of the White Paper were Planning for Development, Planning for Beautiful and Sustainability and Planning for infrastructure and Connected Places.

 

·       That local design guidance and design codes would be prepared with community involvement and would shift the debate around design, characteristics and desirability of developments from being considered at the planning application stage to the planning policy setting stage. The White Paper does not provide any definition about ‘localities’ or how areas would be grouped for the purpose of delivering design codes. The Committee noted that this was of high importance as the built environment of the City has a rich variety of buildings of significant design quality and historic interest and it was preferred for design codes to be flexible and allow local input.

 

·       That there was uncertainty on whether there will be any Growth Areas in the City. At present there is no information on how the Growth, Renewal and Protect Areas would be defined. The Committee noted that further clarification on these three Areas would be given after the consultation ends and that it was probable that some part of the City might be deemed to be ‘Growth Areas’.    

 

·       That the Council’s Innovation and Change Service had submitted a response to the consultation regarding the Governments proposed changes to the standard method for assessing local housing need. The Committee noted that there were concerns about the proposed methodology and this was due to the process largely focusing on the maximisation of housing stock, with insufficient regard to the physical, economic and other constraints that can serve to limit housing supply..

 

·       The Planning Service had liaised with Innovation and Change Service regarding responses to the consultation and that local amenity societies and other interested parties had been liaised with to ascertain views about proposed changes and their likely effects on local communities.

 

·       That it was not anticipated that the number of appeals would increase when parts of the Planning White Paper becomes legislation. The Committee noted that the White Paper indicated that there would be regimes within Growth and Renewal areas which may remove the need for full planning applications, with greater consideration of appropriate development in these areas being undertaken at local plan stage or through further expansion of permitted development rights.

 

·       There was a strong indication that conservation areas would continue to be protected and that development in these areas would continue to be assessed under the existing planning regime.

 

·       That development schemes involving the reconversions of office units back into residential units would be largely led by market trends and demands. The Committee noted that there was existing policy which aimed to protect office units and that there had been a considerable reduction in the number of these units. There has been an increase in the demand for smaller local offices in residential areas outside the capital.

 

RESOLVED:

 

  1. Members considered the contents of the report and noted the possible impacts of the Planning White Paper proposals on future planning plan making and decision making in Westminster.

 

  1. That the members of the Committee be provided with a copy of the Council’s response to the Planning White Paper ‘Planning for the Future’.

 

  1. That the Committee comments on the proposals listed in the Planning White Paper ‘Planning for the Future’ be included in the Council’s response to the consultation.

 

 


31/12/2021 - Approval of Expenditure from the Ward Budget of Abbey Road and Regent's Park ref: 1573    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 31/12/2021

Effective from: 31/12/2021

Decision:

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £10,440.00 in respect of the above proposal, from the ward members of Abbey Road and Regent’s Park wards, as detailed in the report.

Wards affected: Abbey Road; Regent's Park;

Lead officer: Clare O'Keefe


31/12/2021 - Approval of Expenditure from the Ward Budget of Bayswater and Lancaster Gate ref: 1574    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 31/12/2021

Effective from: 31/12/2021

Decision:

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £12,455.29 in respect of the above proposal, from the ward members of Bayswater and Lancaster Gate wards, as detailed in the report.

Wards affected: Bayswater; Lancaster Gate;

Lead officer: Clare O'Keefe


29/12/2021 - Review of Local Safety and Cycling Schemes ref: 1572    Recommendations Approved

This report considers the future prioritisation and funding of the city council’s Local Safety and Cycling schemes.

Decision Maker: Cabinet Member for City Management

Decision published: 29/12/2021

Effective from: 07/01/2022

Decision:

1.                  Recommendations

1.1       That the Cabinet Member for City Management approves the proposed approach to prioritising and delivering local safety and cycling schemes across the city.

 

1.2       That the Cabinet Member for City Management notes expenditure and funding in the sum of £3.48 million for the implementation of the councils Covid temporary cycling and walking schemes and the reopening of the city measures up until 30th September 2021.

 

2.               Reasons for Decision

2.1              Following significant changes in funding availability for local safety and cycling schemes it is necessary to develop a new approach to prioritising and funding these schemes. This will ensure that the city council continues to enhance and expand cycling services across the City and that local safety improvements contribute to improved road safety and reduces the number of road collisions.

2.2      In the response to the pandemic, highways measures were necessary to support social distancing and the reopening of the hospitality industry. This funding supports the installation and maintenance of those measures between June 2020 and September 2021.

Wards affected: (All Wards);

Lead officer: Philip Robson


22/12/2021 - Outcome of the informal consultation on a proposal to amalgamate Westminster Cathedral and St Vincent De Paul Roman Catholic Primary Schools and a recommendation to the Council to publish a statutory notice about the proposal ref: 1571    Recommendations Approved

Westminster Council to determine if it is to publish a statutory notice proposing to amalgamate Westminster Cathedral and St Vincent De Paul Roman Catholic Primary Schools.  A decision to publish would entail an issued Notice.

 

Part 1: Notice in accordance with 15(1) of the Education and Inspection Act 2006 that Westminster Council intends to discontinue Westminster Cathedral Roman Catholic Primary School on 31 August 2022.

 

Part 2: That Westminster Council will seek to incorporate pupils from Westminster Cathedral Roman Catholic Primary School with St Vincent De Paul Roman Catholic Primary School with a planned Published Admissions Number of 30 pupils from Reception entry September 2022.

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 22/12/2021

Effective from: 05/01/2022

Decision:

 

1.        Recommendations

 

1.1        To publish a statutory notice from 6 January – 3 February 2022 proposing to amalgamate Westminster Cathedral and St Vincent de Paul RC Primary Schools.  A Notice to publish would entail:

 

1.2        Part 1: Notice in accordance with 15(1) of the Education and Inspection Act 2006 that Westminster Council intends to discontinue Westminster Cathedral Catholic Primary School on 31 August 2022.

 

1.3        Part 2: That Westminster Council will seek to incorporate pupils from Westminster Cathedral RC Primary into St Vincent de Paul RC Primary  with a planned Published Admissions Number of 30 pupils from reception entry September 2022.

 

 

  2.     Reasons for Decision 

 

2.1     The impact of falling rolls across the borough and the number ofschools in financial deficit present several challenges. It has therefore been necessary toconsider making changes that we do not have excess surplus primary capacity going forward. Provision that can be well resourced and is of high quality enables  schools to continue to thrive and offer the opportunities that children deserve: a strongcurriculum with excellent teaching, enriching activities and a joyful experience at primaryschool. The joining of the schools will provide pupils with a full and enriched curriculum as the school will be fully subscribed and fully funded per pupil.  

 

2.2      A review of primary school provision was commissioned by Schools Forum in summer 2020 and led by the Isos Partnership. The review  identified schools   considered to be at risk due to low or falling pupil numbers and/or budget deficit and the subsequent risk to standards.

 

2.3       Westminster Cathedral RC Primary and St Vincent de Paul RC Primary were identified as schools at risk both with falling rolls and a budget deficit. Westminster Cathedral has a considerable budget deficit. The schools are led by the headteacher of St Vincent de Paul as the Interim Executive Headteacher. 

 

2.4        The informal consultation at Westminster Cathedral and StVincent de Paul RC Primaries about the proposal has been carried out in partnership with the Roman Catholic Dioceseof Westminster and in liaison with the Council’s Education Partnership Board (EPB). The EPB  plays a key role in enabling schools to meet the challengeof ensuring that all children and young people in Westminster achieve the best possibleoutcomes and canflourish if schoolsare workingin effectivepartnerships. The EPB also seeks to ensure that steps are taken to address excess surplus capacity in primary schools in Westminster

Wards affected: (All Wards);

Lead officer: Wendy Anthony


22/12/2021 - SEND Passenger Transport (Taxis), Travel Care Services Framework for vulnerable Children, Young People & Adults ref: 1570    Recommendations Approved

Existing SEND Taxi Framework arrangements are due to expire in July 2022. Westminster City Council are seeking to renew arrangements via a new Framework of taxi providers in order to ensure the continuity of this statutory service. This service is predominantly used by Children and Young People with SEND to travel to and from school.  There are a small number of Adults who use this service to access Day Services. This will be jointly procured with The Royal Borough of Kensington and Chelsea.

Decision Maker: Cabinet Member for Young People and Learning

Decision published: 22/12/2021

Effective from: 05/01/2022

Decision:

1.        Recommendations

1.1. It is recommended that the Cabinet Member for Young People and Learning approves the following recommendations:

 

a)      Approves the recommendation outlined in this report to procure a new Passenger Transport (Taxis) & Travel Care Framework.

 

b)      Approves the recommendation to delegate authority to the Executive Director of Children’s Services to approve the appointment of providers to the Framework.

 

c)       Approves the recommendation that the Bi-Borough Director of Operations & Programmes is given delegated authority to:

 

(i)          Award and enter into taxi route contracts, valued at £100,000 and under, to enable responsiveness to need.  Should any taxi route contract be valued at £100,000 or more, that this contract will be awarded by the Executive Director of Children’s Services, in accordance with the WCC’s Procurement Code.

 

(ii)         Review and approve all minor contract variations (up to 10% of the contract value) to ensure they are a compliant modification, whilst also ensuring that there is no disruption of service to vulnerable service users.

 

d)      Approves the decision for WCC to enter into a Collaboration Agreement in respect of any taxi route contract established under the Framework with Royal Borough of Kensington and Chelsea. WCC will be the contracting authority for this framework.

2.        Reasons for Decision 

 

2.1.     The current Passenger Transport Framework (Taxis) is due to expire on the 31st July 2022. There is a need to put in place the new Framework to ensure continuity of service.

2.2.      Local Authorities have a statutory duty to provide travel assistance for Children and Young People with special educational needs & disabilities assessed as eligible, as per the Education Act 1996. The Council’s Travel Assistance Policies set out these duties.

2.3.    For Adults, the Care Act 2014 stipulates a duty to Local Authorities to meet assessed needs, and while transport is not a prescribed provision, it may be one way of meeting people’s assessed needs and preferences relating to their personal outcomes towards independence and engagement with the community.

2.4.    The service will provide transport for eligible residents in the Royal Borough of Kensington and Chelsea and Westminster City Council, and a Collaboration  Agreement between the two Councils will enable them to operate effectively under the Framework.

 

Wards affected: (All Wards);


21/12/2021 - Infill Programme: The Appointment of a Main Contractor for the Modern Methods of Construction (MMC) sites within the Development Infill programme (Ordnance Mews, Helmsdale House, Melrose and Keith) ref: 1569    Recommendations Approved

Approval to appoint and enter into a contract with H A Marks Construction Ltd for the MMC Sites.

 

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 21/12/2021

Effective from: 01/01/2022

Decision:

1.              Recommendations

 

1.1.         The recommendation within this Cabinet Member Report is for the Cabinet Member for Communities & Regeneration to approve the contract award to appoint H A Marks Construction Ltd to undertake the Infill Programme construction works in respect of the following sites for the related contract award values:

·       Ordnance Mews: £1,746,609

·       Helmsdale House: £2,407,819

·       Melrose & Keith: £2,722,959

1.2.         That the £0.9m increased development cost of these schemes and the potential increased cost due to the change in heating solution is managed through a reduction in the wider infills programme through scope changes, value engineering or further deferrals in the pipeline schemes.

 

2.              Reasons for the Decision

2.1.        As part of the Council’s HRA (Housing Revenue Account) Development Programme, the Council has identified a number of small scale infill sites for development. This will enable the attainment of the Council’s strategic HRA Asset Strategy objectives of:

 

-        Increasing the supply of affordable housing; optimising value from its assets;

-        Increasing the quality of the HRA Portfolio; and

-        Ensuring the portfolio meets local housing need.

 

2.2.        The Contract Award Report (Gate 3) was presented to the Commercial Gateway Review Board (CGRB) on 27thJuly 2021 and on 7th September 2021. CGRB endorsed the recommendation to the Executive Director of Growth, Planning and Housing to recommend to the Cabinet Member for Communities and Regeneration to award the 3 separate contracts under the JCT Intermediate Contract terms and conditions. This endorsement of the recommendation is for the appointment of H A Marks Construction Ltd (697561) to deliver the sites for RIBA Stages 5 -7.

 

2.3.         The CGRB Gate 3 report is attached as Appendix B in Part B of this report.

 

2.4.        In order to maintain progress against the current development programme and to deliver the three projects by November 2022, WCC will be required to enter into the 3 separate contracts by the end of November 2021.

 

2.5.        The 3 individual contract values form part of the wider infills budget of £68,110,000 that was approved in July 2021.

Wards affected: Abbey Road; Maida Vale;


20/12/2021 - Manchester Square Public Realm Scheme ref: 1568    Recommendations Approved

Approval to proceed with the delivery phase of the project.

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 20/12/2021

Effective from: 31/12/2021

Decision:

1.               Recommendations

1.1.          That the Cabinet Member notes the initial design (Stage 2) for Manchester Square Public Realm Scheme as shown on the General Arrangement drawings in Appendix A.

1.2.          That approval is given for the construction of the Manchester Square Public Realm Scheme as per General Arrangement drawing in Appendix A.

1.3.          That spending approval of £2.981m is given for the delivery of the Manchester Square Public realm scheme as detailed in Section 9 of this report. £2.1m of this will be funded through external partnerships, CIL and S106 contributions.

2.     Reasons for Decision

2.1.          The proposed highway modifications seek to deliver a high-quality public realm scheme in Manchester Square, as part of the OSD programme, which will benefit place making whilst providing improvements to pedestrian comfort and safety.

2.2.          The detailed design can be undertaken taking into consideration the responses from the TMO consultation.

2.3.          Consultation with local and other key stakeholders indicate that the project is considered beneficial.

 

Wards affected: Marylebone High Street;


20/12/2021 - Code of Construction Practise ref: 1565    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 20/12/2021

Effective from: 31/12/2021

Decision:

1.        Recommendations

1.1      That the Cabinet Member for Communities and Regeneration resolves:

i. to consider the responses to the Code of Construction Practice (summarised at section 5 below and in full at Appendix 1) and endorse the officers’ comments thereon and the resulting changes proposed to the Code.


ii. to approve the adoption of the Code of Construction Practice (Appendix 2 to this report) by condition to new applications for basements, and other major development (Level 1 and Level 2 schemes) from 1st January 2022.

iii. to adopt the requirements of the Code of Construction Practice to major developments (Level 1 and Level 2 schemes) granted after 1st September 2016, from the 1st April 2022 onwards.


iv. to delegate to the Director of Policy and Projects, power to make minor modifications to the Code of Construction Practice and its associated guidance notes and templates, subject to consultation with the Cabinet Member.

 

2.        Reasons for Decision 

 

2.1      The Code of Construction Practice is a key document working to minimise and mitigate the impacts of construction and new development on amenity across the borough. The revised Code provides a tool for the council to manage the impacts of construction and development across the borough.

 

2.2      The application of the Code is referenced in the City Plan 2019-40 (Policy 33 Local Environmental Impacts), and the Code aligns closely with the Council’s forthcoming Environment Supplementary Planning Document.

 

2.3      The adopted Code and associated guidance and templates for applicants will be published on the Council’s website ahead of the adoption date of 1st January 2022. This will help applications currently in development to adhere to the new Code’s requirements. In addition, the requirements of the Code will be applied from 1st April 2022 to major developments already granted planning permission, allowing them time to adapt existing processes and procedures to the requirements of the new Code.

 

2.4      The Code supports all pillars of City for All, in particular the council’s aims for a Cleaner and Greener city, where adoption of a revised Code of Construction Practice is listed as a key commitment within our City of All Vision and Strategy 2021/22.

 

Wards affected: (All Wards);

Lead officer: Josephine Gay


20/12/2021 - Public Spaces Protection Order – Nuisance from Motor Vehicles ref: 1567    Recommendations Approved

This is a Key Decision report to sign off implementation of a PSPO, following a 10 week public consultation survey.

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 20/12/2021

Effective from: 31/12/2021

Decision:

1.           Recommendations

 

1.1.     That the Executive Director for Environment & City Management, in consultation with the Cabinet Member for Communities and Regeneration, agrees to:

a)          The making of a Public Spaces Protection Order (PSPO) to tackle nuisance vehicles and car meets in St James’s and Knightsbridge & Belgravia wards as outlined in Appendix 1;.

2.           Reasons for decision

 

2.1.     The City of Westminster is at the heart of London, a world class City.  Westminster City Council’s policies aim to safeguard the architectural and historic character of the city and provide an inclusive environment for everyone who lives, works, and visits.  To help achieve this, we want measures in place to deter crime and anti-social behaviour while, at the same time, ensuring that the appropriate support is available to protect some of the most vulnerable people in our society.

2.2.     Nuisance vehicles and car meets have been a persistent source of crime and noise nuisance in recent years, leading to a number of complaints from members of the public and a series of costly policing operations to respond to the issue.  Despite this, problems persist, and the Council and its partners are looking at more sustainable ways to tackle the problem.

2.3.     If the Cabinet Member is minded to make the PSPO as recommended, The Executive Director for Environment & City Management is asked to to approve the proposals outlined in this report and to commit the necessary resources to implement the proposal.

 

Wards affected: Knightsbridge and Belgravia; St James's;


16/12/2021 - Ebury Phase 1 Project Manager, Employers Agent, Quantity Surveyor Appointment ref: 1564    Recommendations Approved

Apointment of the PM, EA and QS on phase 1 of Ebury Bridge Estate.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 16/12/2021

Effective from: 24/12/2021

Decision:

1.     Recommendations

1.1 That the Cabinet Member for Communities and Regeneration approves   the below:

·       Contract award to Gardiner and Theobald (G&T) for the provision of Project Management, Employer’s Agent and Quantity Surveying Services for the Ebury Bridge Phase 1 Renewal Scheme for a value of £3,755,400. The contract is to be awarded with a duration of 56 months from February 2020 to May 2024).

·       Approval to utilise £878,920 from the project contingency for this appointment, leaving £6.7m (88.4%) remaining. The Full Business Case had assumed a total budget of £2,876,480 for these services, however, subsequent updates to the programme have resulted in the need to utilise contingency.

·       To release the budget for Phase 1 developers' contingency of £7.58m and delegate the authority to the Executive Director of Growth, Planning and Housing to approve any additional expenditure against the contingency on Phase 1.

2.     Reasons for Decisions

2.1 The Ebury Bridge regeneration will deliver 781 high quality and    sustainable new homes. 50% of those homes will be affordable, therefore this renewal programme greatly assists the Council in delivering the target of delivering more affordable homes across the borough.

2.2 Phase 1 is being self-delivered by the Council; therefore a competent professional team is required to advise and act on behalf of the client team, ensuring the demolition and construction contracts are delivered in accordance with the agreed price, quality, and programme parameters.

 

Wards affected: Churchill;


14/12/2021 - 300 Harrow Road Appropriation of Land for Planning Purposes ref: 1562    Recommendations Approved

To appropriate the land at 300 Harrow Road for planning purposes to enable the development of new homes and community facilities.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 14/12/2021

Effective from: 22/12/2021

Decision:

1.        Recommendations

1.1 That the Cabinet Member for Finance and Smart City agrees:

1.1.1 That Part B 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 it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

1.1.2 To appropriate for planning purposes the Council’s land at 298 to 300 Harrow Road, London W2 shown edged blue on the plan attached at Appendix 1 (the Site) pursuant to section 122 of the Local Government Act 1972 and subsequent use of the Council’s powers under section 203 of the Housing and Planning Act 2016. 

1.1.3 To delegate authority to the Executive Director for Growth, Planning and Housing in consultation with the Director of Law:

1.1.1.1 to deal with any necessary arrangements to record the appropriation of the Site for planning purposes; and

1.1.1.2 to negotiate and enter into agreements by deed for the release of third party rights where this can be achieved on reasonable terms within a reasonable timescale; or

1.1.1.3 to take all necessary steps to settle claims for compensation under section 204 of the Housing and Planning Act 2016.

 

2.        Reasons for Decision

 

1.1.         The Site at 298 - 300 Harrow Road provides a valuable opportunity to deliver new homes, jobs and community facilities for local people. The Site is no longer required for the purpose for which it is held by the Council and comprised a community hall and the former Harrow Road Nursery, both of which were vacant and have been demolished. These two low rise buildings, the surrounding land and car park are owned by Westminster City Council, therefore this Site offers a cost effective opportunity to upgrade the community amenities and deliver new mixed tenure homes to meet the needs of local people. The proposed scheme will provide:

·         a new community hall;

·         a purpose built nursery;

·         family sized affordable rent homes;

·         intermediate rent (below market rent) homes;

·         private homes;

·         affordable workspace;

·         a canal side café;

·         and significant green landscaping, opening up the canal.

 

1.2.         Appropriating the land for planning purposes is recommended in order to facilitate the delivery of much needed new homes in the community, and to replace the existing facilities with new fit for purpose buildings. In the past, the nursery and community centre were well-used by the community, however the buildings were in poor condition and required updating. The proposal will replace both of these facilities with high quality new premises and in addition it will deliver new homes. Alternative accommodation has been identified for all of the users of these facilities including a temporary nursery portacabin.

1.3.         As explained in section 6 below, one of the effects of appropriating the Site for planning purposes would be to enable certain private third party rights to be overridden, subject to payment of statutory compensation to those affected.  This will help to ensure that development of the Site can proceed in accordance with the planning permission granted in December 2020, and meet the scheduled completion date. 

1.4.         There is a pressing need for new homes within Westminster, particularly those of an affordable tenure. The development will deliver much-needed affordable housing together with other types of housing tenure and greatly contribute to improving the economic, social and environmental well-being of the local area as described in section 4 below.

1.5.         In balancing the benefits of the development and the concerns of those whose rights it is proposed to override, there is clear evidence that the public benefit, in the form of the provision of new homes to meet local needs, community facilities and a new nursery outweigh the potential impacts on third party rights. Compensation will be payable to those who suffer a relevant loss. Overall, it is considered that there is a compelling case in the public interest to facilitate this development and that appropriation of the Site is necessary.

1.6.           Whilst investigations and negotiations with injured parties are continuing, ,if the Site is not appropriated and any infringement of a third party right occurs, the primary remedy for the affected party would be to seek an injunction preventing the development. The court can award damages where it considers this an adequate remedy. The consequences of such proceedings for the Council, if successful, could be to prevent delivery of the development or even if unsuccessful, would risk causing delay.

 

Wards affected: Westbourne;

Lead officer: Gaurav Choksi


14/12/2021 - Lisson Arches Full Business Case ref: 1561    Recommendations Approved

Cabinet Member approval sought tor the full business case in relation to Lisson Arches.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 14/12/2021

Effective from: 22/12/2021

Decision:

1.              Recommendations

1.1.         That Part B of this report be 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 they contain information relating to the financial or business affairs of any particular person (including the authority).

 

1.2.         That the Cabinet Members:

 

·       Approves the award of the Lisson Arches main works contract to United Living (South) Limited as set out in Part B,

 

·       Authorises total expenditure on the Lisson Arches scheme of £43.387m

 

·       Authorises the allocation of Affordable Housing Fund of £22.8m to this scheme

 

·       Authorises Legal Services to negotiate and execute the Lisson Arches main works contract as a deed; and

 

·       Authorises Legal Services to negotiate and grant a substation lease to UKPN for a term of 99 years at an annual rent of £1.00

 

 

2.              Reasons for the Decision

2.1.         An FBC has been produced confirming the current proposals to self-develop the site at Lisson Arches is a Value for Money option that represents a viable proposal from both a Capital and Revenue perspective.

 

2.2.         Subject to planning permission and other consents, the expenditure and the completion of the Lisson Arches building works will provide a new community supportive housing built to modern standards (HAPPI) and a new enterprise space providing opportunities for the local economy.

 

2.3.         The Lisson Arches project is an essential steppingstone within the Council’s Lisson Grove Programme because when it is built, it shall provide replacement homes for all the residents currently residing at Penn House, along with additional CSH homes and an Enterprise Space to assist the council’s plans to provide vibrant communities and a thriving economy.

 

2.4.         Subject to further consents and governance, a vacant Penn House can be used to support the wider Lisson Grove Programme which support the City for All objective and the Church Street Masterplan.

 


14/12/2021 - 300 Harrow Road (Warwick Hall) Final Business Case ref: 1560    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 14/12/2021

Effective from: 22/12/2021

Decision:

Recommendations

 

1.1.      That Part B of this report be 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 they contain information relating to the financial or business affairs of any particular person (including the authority).

1.2.      That the Cabinet Member for Communities and Regeneration and the Cabinet Member for Finance:

1.2.1. Approve the appointment of Wilmott Dixon Construction Limited (WDC) as the main contractor at a value not to exceed £53.393m. Note that until the commercial arrangements are finalised, as set out in section 6, the scheme will continue to be developed in the general fund.

 

1.2.2. Approve the Full Business Case which was presented to Capital Review Group in July 2021.

 

1.2.3. To approve total scheme expenditure of £66.212m to take the scheme up to practical completion. This includes the WDC contract award amount and other project spend.

 

1.2.4. To approve the reallocation of budget from Westminster Builds to the HRA and General Fund to enable near-term spend on the contract until the commercial structure is finalised.

 

1.2.5. Note the ongoing work on the commercial structure for the development of the scheme. These final arrangements will be subject to further cabinet member approval.

 

Reasons for Decision

 

2.1. An FBC has been produced confirming the current proposals to for WHDL to develop the site at Harrow Road is a Value for Money option that represents a viable proposal from both a Capital and Revenue perspective

2.2 Entering into the contract now will enable the council to fix the contractual position for the development and mitigate risks of price increase through delays in progressing the scheme whilst the delivery mechanism is reviewed.

Wards affected: Westbourne;


13/12/2021 - Convenience Store Lease Renewal ref: 1559    Recommendations Approved

Renewal of lease to Tesco at Church Street

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 13/12/2021

Effective from: 21/12/2021

Decision:

1.        Recommendation

The Cabinet Member is recommended to approve the grant of the proposed New Lease and gives delegated authority to the Director of Property and Strategic Asset Management to agree minor variations to the terms to enable the agreed final form of legal documentation to be executed and completed.

2.      Reasons for Decision

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

(1)  The grant of a New Lease will enhance the income stream from the subject investment property and represents best value for the Council when considered alongside prevailing market levels and the need to retain flexibility in obtaining vacant possession from 2030 onwards. 

(2)  The proposed length of the term under the lease has regard to the fact that the subject property sites within Site C of the Church Street regeneration proposals where the current earliest desired vacant possession date is 1st January 2030.

(3)  A flexible rolling Landlord’s re-development break clause, operable from 1st January 2030 will be contained with the New Lease

(4)  Negotiations on behalf of the Council have been undertaken by Avison Young with regarding to current market evidence in terms of prevailing rental values, also having regard to the provisions and statutory process contained with the Landlord & Tenant Act 1954 which apply in this case.

 

Wards affected: Church Street;

Lead officer: Philip Owen


29/12/2021 - Luxborough Street Development, London, W1U - Appropriation for Planning purposes ref: 1498    Recommendations Approved

This paper recommends approval to be able to appropriate the land and authorise the use of any necessary powers if necessary,

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 13/12/2021

Effective from: 07/01/2022

Decision:

Decision

The Cabinet Member for Finance and Smart City has approved:

1.          To appropriate the land (edged red in the plan attached at Appendix A) for planning purposes pursuant to section 122 of the Local Government Act 1972 as it is no longer required for the purpose for which it is currently held, and the Council believes that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land pursuant to section 226(1)(a) of the Town and Country Planning Act 1990). The appropriation will subsequently allow  the Council to use its powers under section203 of the Housing and Planning Act 2016 in consultation with the Director of Law to override any easements and other rights of the affected neighbouring properties that are infringed upon.

2.          To delegate authority to the Executive Director for Growth Planning and Housing in consultation with the Director of Law:

a.     to deal with any necessary arrangements to record the appropriation of the Site for planning purposes including the transfer of the land from the Housing Revenue Account (HRA) to the General Fund account (GF) at the current red book value; and

b.     to negotiate and enter into agreements by deed and payment of compensation for the release of third-party rights where this can be achieved on reasonable terms within a reasonable timescale; or

c.     to take all necessary steps to settle claims for compensation under section 204 of the Housing and Planning Act 2016.

Reasons for the Decision

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

2.          The Council’s City for All objectives set a commitment to deliver 1,850 affordable homes by 2023.

3.          The Site is no longer required for the purpose for which it is held by the Council, which is vacant land previously used as a kick about site as advised at paragraph 2.1 of the Cabinet Member report. The proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of the area (section 226(1)(a) and (1A), TCPA 1990) in the following ways:

a.     Economic Well-Being of the area

i.                Enhancing local employment opportunities i.e. the creation of construction jobs and apprenticeship opportunities;

ii.               Providing the Council with additional affordable housing; and

iii.              The project will regenerate a site comprising of 14 affordable housing units as well as a nursery (commercial D1 space) on the ground floor.

b.     Social Well-Being of the area

i.                The new development will contribute to much needed housing In Westminster, where there is high demand for affordable housing. The nursery will also address the need of one in the area as advised by the local community through consultation.

c.     Environmental Well-Being of the area

i.                The development will provide landscaping to the Luxborough Tower residents; and

ii.               The building will be sustainable using renewable energy sources.

4.          In order to progress the scheme and avoid delays to the programme, the officers are seeking Cabinet Member authority to be able to appropriate the Site and  authorise the use of any necessary powers under section 203 Housing and Planning Act 2016 if required. By exercising its powers, the Council will ensure that its development of the land proceeds in accordance with the planning permission already granted.

 

5.          Appropriating the land for planning purposes would enable certain private third-party rights to be overridden, subject to payment of statutory compensation to those affected. This will help to ensure that development of the Site can proceed in accordance with the planning permission granted, and meet the scheduled completion date. 

 

6.          There is a pressing need for new homes within Westminster, particularly those of an affordable tenure. The development will deliver much needed affordable housing and a new D1 commercial space, which will greatly contribute to improving the economic, social and environmental well-being of the local area as described in point 3 in the reasons for decision above.

 

7.          The development of the Site will create a right to light infringement. A Rights to Light assessment was undertaken during RIBA Stage 2, and it was identified that Rights of Light injuries are anticipated.  A specialist Right of Light surveyor has therefore been instructed.

 

8.          The Council has instructed  the Rights of Light surveyor to also undertake due diligence on where negotiations were left with various residents on the 2014 scheme in addition to any new negotiations. The Council recognises that in respect of third-party rights of light which exist and to which an entitlement is proved, the Council will be liable to pay compensation (whether statutory or non-statutory) and will pursue a settlement strategy to ensure that any claimants receive adequate compensation.

 

9.          The Council’s Rights of Light consultant has issued letters to all the potentially affected parties inviting them to commence negotiations with the Council.  Negotiations with the affected third parties have commenced, but will not be formalised and compensation will not be paid until the Cabinet Member provides the decision to do so in accordance with this report.

 

10.      Whilst investigations are continuing, it is highly unlikely that it would be possible to identify and extinguish all third-party rights which burden the land by private agreement before development is due to commence in January 2022. It should be noted that the Council has received various strong objections to the scheme to date, the Council may never actually hear from some of the affected third-parties, and some may refuse to co-operate on a reasonable basis and within a reasonable time.  If the land is not appropriated before the development is commenced and any infringement of a third-party right occurs, the primary remedy for the affected party would be to seek an injunction preventing the development. The court can award damages where it considers this an adequate remedy. The consequences of such proceedings for the Council, if successful, could be to prevent delivery of the development or even if unsuccessful, would risk causing delay.

 

11.      In balancing the benefits of the development and the concerns of those whose rights it is proposed to override, there is clear evidence that the public benefit, in the form of the provision of new homes to meet local needs and a new commercial D1 space outweigh the private loss. The Council will continue with the negotiations after the Site has been appropriated, and compensation will be payable to those who suffer a relevant loss. The Council intends to only rely upon its entitlement to pay statutory compensation if negotiations are unsuccessful.  Overall, it is considered that there is a compelling case in the public interest to facilitate this development and that appropriation of the land is necessary.

 

Wards affected: Marylebone High Street;

Lead officer: Angie James


13/12/2021 - Rough Sleeping Services ref: 1558    Recommendations Approved

A report outlining the direct award or variation of rough sleeping contracts in response to central government funding for 2021/22

 

Decision Maker: Cabinet Member for Housing

Decision published: 13/12/2021

Effective from: 21/12/2021

Decision:

1.              Recommendations

 

1.1.         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 that information).

 

2.     Reasons for Decision

 

2.1.         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 that information).

 

 

Wards affected: (All Wards);

Lead officer: Margaret Gustafsson


10/12/2021 - Approval of Expenditure from the Ward Budget of Knightsbridge and Belgravia ref: 1557    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 10/12/2021

Effective from: 10/12/2021

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £36,000.00 in respect of the above proposal, from the ward members of Knightsbridge and Belgravia, as detailed in the report.

Wards affected: Knightsbridge and Belgravia;

Lead officer: Naimah Khatun


03/12/2021 - Violence Against Women & Girls (VAWG) Strategy ref: 1555    Recommendations Approved

Bi-borough partnership strategy outlining approach to improving support and reducing violence against women and girls

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 03/12/2021

Effective from: 11/12/2021

Decision:

1.0       Recommendations

 

(i)     That the Cabinet Member for Communities and Regeneration approves the Violence Against Women & Girls Strategy 2021 – 2026.

 

(ii)   That delegated authority is given to the Director of Public Protection and Licensing to approve minor modifications and updates to the Strategy, such as changes in  legislation, in collaboration with the Cabinet Member for Communities and Regeneration.

 

(iii)  That delegated authority is given to the Director of Public Protection and Licensing to develop a partnership Action Plan to deliver the Strategy, in collaboration with the Cabinet Member for Communities and Regeneration from Spring 2022.

 

(iv)  That these recommendations, if approved, will be implemented from 13th December 2021.

 

2.0       Reason for Decision

 

2.1       The Council must publish and implement a refreshed VAWG Strategy, following the expiration of the current Strategy in 2021 and to take account of national updates to legislation and national advice provided in response to recent high-profile cases.

 

Wards affected: (All Wards);

Lead officer: Kirsty Munro


25/11/2021 - Adoption of the Queen’s Park Neighbourhood Plan ref: 1549    Recommendations Approved

Approval sought to formally adopt the Neighbourhood Plan for Queen's Park following successful referendum.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 25/11/2021

Effective from: 25/11/2021

Decision:

1.0      Recommendations

1.1      That the Cabinet Member for Business, Licensing and Planning agrees to formally ‘make’ (i.e., adopt) the Queen’s Park Neighbourhood Plan as part of Westminster’s Statutory Development Plan, following the referendum held on 21st October 2021.


2.0      Reasons for Decision

2.1      To meet the requirements of the Town and Country Planning Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004, the Localism Act 2011, the Neighbourhood Planning Act 2017, and the Neighbourhood Planning (General) Regulations 2012 (as amended). 

 

Wards affected: Queen's Park;

Lead officer: Aidan Marshall


25/11/2021 - Westminster Local Development Scheme 2021 - 2024 ref: 1548    Recommendations Approved

Cabinet Member approval sought for updated Local Development Scheme.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 25/11/2021

Effective from: 03/12/2021

Decision:

1.0      Recommendation

1.1      That the Cabinet Member approves the publication of the attached Local Development Scheme 2021 – 2024 (Appendix 1).

 

2.0      Reason for Decision

2.1      To ensure that the City Council acts in accordance with the requirements of the Planning & Compulsory Purchase Act 2004 (as amended by the Localism Act 2011).

 


25/11/2021 - Approval of Expenditure from the Ward Budget of Knightsbridge and Belgravia ref: 1546    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 25/11/2021

Effective from: 25/11/2021

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £50,000.00 in respect of the above proposal, from the ward members of Knightsbridge and Belgravia, as detailed in the report.

Wards affected: Knightsbridge and Belgravia;

Lead officer: Naimah Khatun


25/11/2021 - Approval of Expenditure from the Ward Budget of Bayswater and Lancaster Gate ref: 1545    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 25/11/2021

Effective from: 25/11/2021

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £17,410.31 in respect of the above proposal, from the ward members of Bayswater and Lancaster Gate wards, as detailed in the report.

Wards affected: Bayswater; Lancaster Gate;

Lead officer: Clare O'Keefe


25/11/2021 - Approval of Expenditure from the Ward Budget of Bayswater, Church Street, Harrow Road, Lancaster Gate, Maida Vale, Queen's Park and Westbourne ref: 1547    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 25/11/2021

Effective from: 25/11/2021

Decision:

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £19,400.00 in respect of the above proposal, from the ward members of Bayswater, Church Street, Harrow Road, Lancaster Gate, Maida Vale, Queen's Park and Westbourne wards, as detailed in the report.

Wards affected: Bayswater; Church Street; Harrow Road; Lancaster Gate; Maida Vale; Queen's Park; Westbourne;

Lead officer: Clare O'Keefe


25/11/2021 - Article 4 Direction ref: 1512    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) in town centres outside of the Central Activities Zone (CAZ).

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 25/11/2021

Effective from: 03/12/2021

Decision:

1.0      Recommendations

1.1      That the Cabinet Member for Business, Licensing and Planning approves 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 change of use from Class E (commercial, business and service uses) to Class C3 (dwellinghouses) within the areas shown in Appendix 2.

 

2.0      Reasons for Decision

2.1      The making of the proposed Article 4 Direction will help enable the City Council to use its planning powers to secure an appropriate balance of uses in designated town centres that fall outside of the CAZ, to ensure they continue to offer a range of shops and services to local residents and provide employment opportunities. Securing the vitality and viability of these town centres is in accordance with the objectives of City for All, and the policies in the Westminster City Plan, particularly Policy 14 ‘Town Centres, High Streets and the CAZ’. It will 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.

 


24/11/2021 - Appointment of Contractor for the Coroner's Court project ref: 1544    Recommendations Approved

The appointment of a contractor for the refurbishment and new build extension to the Coroner’s Court on Horseferry Road.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 24/11/2021

Effective from: 02/12/2021

Decision:

1.        Recommendations

1.1      Restricted

 

1.2      Restricted

 

1.3      Restricted

 

 

2.        Reasons for Decision

 

2.1      The refurbishment and extension will provide modern and much needed court and expanded office facilities for the Coroner’s office and visitors.

 

2.2      The project will provide an improved environment and experience for staff and visitors in line with the “City for All” vision.

 

2.3      The project will enable staff currently located at Tachbrook Street to move back to Horseferry Road enabling an integrated and more efficient Service.

The reason for the recommendation must be included here.  It is a legal requirement that this be published as part of the formal decision notice.

 

 

Wards affected: St James's; Vincent Square;

Lead officer: Rebecca Clark


24/11/2021 - Household Support Fund ref: 1543    Recommendations Approved

To approve a process for the distribution of the government’s new Household Support Fund to the Council’s most vulnerable residents.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 24/11/2021

Effective from: 02/12/2021

Decision:

1.         Recommendations

 

1.1       That approval is given to utilise each of the processes outlined in Section 4 of this report to allocate the council’s funding allocation (£1,951,507) to the borough’s most vulnerable residents.

                                                                                

1.2       That delegated authority is given to the Director of Finance & Resources to flex the level of funding allocated to each process, including voucher amounts,  in order that the council’s funding allocations is fully utilised before the government’s deadline of 31 March 2022 and to respond to any changing circumstances.

 

Wards affected: (All Wards);


24/11/2021 - Council Tax, NNDR, Housing Benefit Overpayments, Former Client Rent Arrears and Sundry Irrecoverable Debt, Quarter 1 2021/22 ref: 1542    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 24/11/2021

Effective from: 02/12/2021

Decision:

1.          Recommendations

1.1    That the report be declared exempt from publication as, the business to be transacted involves the disclosure of information as prescribed by paragraph 1 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).

 

1.2    That the amounts shown in paragraph 6.1 as written-off under officer delegated authority be noted.

 

2.          Reasons for Decision 

2.1       The recommendation to write-off the amounts detailed in this 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.

 

Wards affected: (All Wards);


22/11/2021 - Ebury Bridge Estate Renewal -Phase 2 Appointments ref: 1540    Recommendations Approved

The report seeks approval to enter into a range of contracts for professional services for Phases 2A and 2B of the Ebury scheme.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 22/11/2021

Effective from: 30/11/2021

Decision:

1.     Recommendations

That Appendix B of this 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 holding the information).

2.     Reasons for Decisions

2.1 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.

2.2 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 December 2021.

2.3 The development of the Ebury estate will also help the Council deliver on its target of delivering more affordable homes across the borough. The scheme will deliver a minimum of 50% affordable housing across the masterplan. 

2.4The approvals set out in this report are important to maintain a continuation of activity on the Ebury delivery programme because Phase 2 requires a design team to be appointed in order to work up detailed designs of the outline application and submit subsequent Reserved Matters applications which have to be cleared prior to start on site of the remaining phases.

 

Wards affected: Churchill;

Lead officer: Emily Myers


22/11/2021 - Covent Garden Neighbourhood Traffic Management Scheme Experimental Traffic Order. ref: 1541    Recommendations Approved

Decision Maker: Executive Director City Management and Communities

Decision published: 22/11/2021

Effective from: 22/11/2021

Decision:

PROJECT SUMMARY

 

The Covent Garden Neighbourhood Traffic Management Scheme (NTM) involves the

implementation of a series of measures with the objective of reducing through traffic

across the whole Covent Garden district (the district by area is located approx. 70% in City of Westminster (WCC) and 30% in London Borough of Camden (LBC)). These

measures include the introduction of pedestrian and cycle zones, traffic directional

changes and banned turns.

 

It is intended the scheme is implemented on a trial basis using an experimental traffic

order (ETO) with a maximum duration of 18 months. Impacts would be monitored during this trial period and minor changes made where necessary and if a problem is identified.

 

A final public consultation will be held towards the end of the ETO period together with a review of the scheme monitoring data. A further decision will then be sought on whether the scheme should be made permanent.

 

The scheme proposals have undergone extensive stakeholder and public engagement and the level of support is positive across both authorities.

 

WCC have obtained funding from Transport for London to cover the full estimated cost of the scheme following the approval of our funding application in December 2020. This is a WCC led project and has been developed jointly and in close collaboration with LBC.

 

Recommendation

 

This report seeks approval from the Executive Director Environment & City Management to:

 

1.     Proceed to the detailed design and implement the proposals identified in this report, together with capital expenditure set out in the report necessary to implement the proposals.

2.     Further decision making, such as detailed design and minor amendments to the ETO, that do not require further public consultation, are delegated to the Director of City Highways.

 

The scheme covers areas within the City of Westminster as well as within Camden and as such approval to proceed is also being sought in parallel by Camden officers with their respective decision makers. Camden members and officers have been supportive of these proposals from the outset.

Lead officer: Adnan Rahim


15/12/2021 - Heart of London Business Alliance Occupier Business Improvement District Renewal & Business Plan ref: 1563    Recommendations Approved

The HOLBA BID are seeking approval from the Cabinet Member on the renewal of their occupier BIDS and final business plan proposals.

 

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 12/11/2021

Effective from: 15/12/2021

Decision:

2.        Recommendations

2.1           The Cabinet Member endorsed the HOLBA Occupier BID renewal Proposal in respect of (i) Leicester Square and Piccadilly Circus and (ii) Piccadilly and St James.

 

2.2           The Chief Executive was approved as the City Council’s Returning Officer and “ballot holder” to hold two separate ballots for HOLBA in respect of their Occupier BID renewal Proposal.

 

2.3           That the Director of Law was 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 HOLBA Occupier BID renewal Proposal as instructed and in consultation with the appropriate officers.

 

 

3.        Reasons for Decision 

3.1      Leicester Square & Piccadilly Circus was the first occupier BID established in central London in 2005 and then the Piccadilly & St James’s BID was developed in 2010. In 2015, property owners voted in favour of establishing the U.K.’s first two property owner BIDs to work alongside each other.

3.2      The occupier and property-owner BIDs are governed by HOLBA with their own separate budgets and accountability, but they still contribute to the overall business plan. They have been successfully managing and improving the Leicester Square & Piccadilly Circus and Piccadilly & St James’s areas since 2005 and over the past 16 years, HOLBA have spearheaded projects and schemes for the benefit of residents, businesses, visitors and property owners.

3.3      As a BID, they are facing a number of challenges such as the impacts of the UK leaving the European Union, and in particular on the retail and hospitality sectors, increased footfall of an additional 200 million visitors once the Elizabeth Line opens and financial blows such as budget cuts and revaluation of business rates. However, with 200 million visits a year and an annual GVA of £51 billion, the West End is a key contributor to the UK economy.

3.4      Over the last five years HOLBA have been able to achieve the following for its resident and business communities:

·       Reached an audience of 60m via royal academy’s 250th anniversary campaign

·       Attracted 1.4m visitors to London Lumiere 2018

·       The ‘London Leaders’ event series connected over 350 members with industry leaders driving London’s recovery

·       Delivered 250+ member events

·       Engaged over 4000 people via our employee benefits scheme

·       Deep-cleaned 360,000 sqm of paving each year

·       Provided 2,000 rough sleepers with professional support each year

·       Reduced carbon dioxide emissions by 42,927t thanks to our waste supplier scheme

·       Launched our west end 2027 place shaping strategy

·       Provided 24/7 private security presence

·       Secured new regulation for busking & street entertainment

·       Helped to secure £1.75bn support package for art & culture sector

·       Saved west end businesses over £1bn in business rates, payroll & vat relief

·       Delivered the women’s night safety charter

 

Wards affected: St James's; West End;


09/11/2021 - Award of Royal Mail Postal Discount contract ref: 1532    Recommendations Approved

This seeks an approval to continue with our pan-London agreement with Royal Mail to receive discounts on our mailing costs.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 09/11/2021

Effective from: 09/11/2021

Decision:

1.              Recommendation

1.1      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 that information).

 

1.2      That approval is given to the Council to call down on a new Royal Mail Pan-London Postal Board’s Framework contract with Royal Mail Services. The contract length will be 3 years, plus an option of a 2-year extension.

 

 

2.              Reasons for Decision 

2.1          The LBPB procurement process enables each London local authority that signs up to the Royal Mail service to maximise their postal discounts.

 

Wards affected: (All Wards);

Lead officer: Martin Hinckley


08/11/2021 - Virtual Discretionary Housing Payment Review Advisory Panel: (14.09.21) Determination of Discretionary Housing Payment Review Application ref: 1522    Recommendations Approved

To approve the recommendations from the Virtual Discretionary Housing Payment Review Advisory Panel meeting on 14 September 2021 relating to the review of decisions made in respect of claims for a Discretionary Housing Payment.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 08/11/2021

Effective from: 08/11/2021

Decision:

 

1.        Recommendations

 

1.1       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.

           

1.2       That the Cabinet Member approves the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 14 September 2021

 

2.        Reasons for Decision 

2.1      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.

 

Wards affected: (All Wards);

Lead officer: Gwyn Thomas


27/10/2021 - Private Sector Housing Enforcement Policy ref: 1509    Recommendations Approved

Updated policy on Private Sector Housing and Letting Agent standards, requirements and compliance

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 27/10/2021

Effective from: 04/11/2021

Decision:

            Recommendations

 

(i)     That the Cabinet Member for Communities and Regeneration approves the Private Housing and Lettings Policy 2021 and the accompanying Civil Penalties Matrix (Appendix A)

 

(ii)   That delegated authority is given to the Director of Public Protection and Licensing to approve minor modifications and updates to the policy, such as changes to legislation, in collaboration with the Cabinet Member for Communities and Regeneration.

 

(iii)  That delegated authority to carry out enforcement and issue penalty notices is given to an officer authorised by the Executive Director of Environment and City Management.

 

(iv)  That these recommendations, if approved, will be implemented from 4st November 2021

 

            Reason for Decision

 

            The Council requires approval to publish a refreshed and expanded Private Housing and Lettings Enforcement Policy, following the introduction of the Council’s additional licensing scheme for HMOs, the national expectation for localised policies that outlines the level of penalty fines related to non-compliance, as well as broader changes to legislation relating to Private Housing Enforcement.

 

Wards affected: (All Wards);

Lead officer: Kirsty Munro


26/10/2021 - Highways Buildouts for Trees ref: 1508    Recommendations Approved

A Cabinet Member decision is needed for approval to proceed with the Highways Buildouts for Trees programme, including detailed design and implementation.

Decision Maker: Cabinet Member for City Management

Decision published: 26/10/2021

Effective from: 03/11/2021

Decision:

1.     Recommendations

1.1. That approval is given to proceed with detailed design and implementation of the proposed tree buildouts at the proposed locations – as set out in Section 5.6 of this report;

1.2. That approval is given to commit capital expenditure of £2.459m, necessary to carry out the detailed design and implementation of the proposals;

1.3. That delegated authority is given to the Director of City Highways to approve minor modifications, as necessary to the approved scheme, in consultation with the Cabinet Member for City Management.

1.4. The approval is given to modify and make traffic regulation orders in accordance with the Road Traffic Regulations Act 1984, as necessary to accommodate the highways improvements of this scheme.


2.     Reasons for Decision

To allow completion of the Highways Buildouts for Trees scheme. The improvements, as part of this scheme, will help to increase the number of trees across the borough, whilst also improving the public realm.

 

Wards affected: (All Wards);

Lead officer: Rianne Taylor


20/10/2021 - Additional Restrictions Grant (ARG) Scheme - Tranche 3 Proposal (Casino) ref: 1506    For Determination

The addition of Casinos onto the already approved list of eligible businesses for the third round of the ARG scheme.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 20/10/2021

Effective from: 20/10/2021

Decision:

2.        Recommendation

2.1           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, is approved.The amendment to this report involved the inclusion of Casinos as an eligible business category of round 3 of the ARG scheme which is currently being administered.

 

3.        Reasons for Decision 

3.1       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.

3.2       The business groups listed within section 5 of the previously approved and published Cabinet Member Report, were a directly extracted list from the guidance issued by BEIS to all local authorities in England. As this list was not exhaustive, it did not explicitly name “casinos” as a recommended business group to be prioritised for support through tranche 3 of the ARG. As such, this report seeks the approval for casinos to be included as part of this list under section 5 of this report.

 

Wards affected: (All Wards);


20/10/2021 - Rating Advisory Panel - 21.09.2021 ref: 1505    Recommendations Approved

Business Rates Discretionary & Hardship Relief

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 20/10/2021

Effective from: 20/10/2021

Wards affected: (All Wards);

Lead officer: Gemma Williams


19/10/2021 - West End Gate Transfer of 37 Intermediate Rent Units to Westminster Builds and Management Case. ref: 1503    Recommendations Approved

1.     Recommendations

1.1. 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 they contain 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 Communities and Regeneration:

1.2.1.  Approves the disposal of 37 intermediate rent homes at West End Gate by the Council to Westminster Housing Investments Limited (“WHIL”) for £9.1m on the terms set out in Appendix 1 of this report;

1.2.2.  Delegates authority to the Executive Director of Growth, Planning and Housing to approve and authorise any and all legal documentation that may be required to facilitate the recommendation in 2.2.1, in one or more transactions;

1.2.3.  Delegates authority to the Executive Director of Growth, Planning and Housing to approve and to authorise the Housing Management Services Agreement, subject to agreed terms, between the Council and WHIL as set out in section 7 of this report and to approve the necessary legal documentation to be executed on the Council’s behalf thereto; and

1.2.4.  Delegates authority to Executive Director of Growth, Planning and Housing to approve and to authorise entry into a deed of variation (or any future deeds of variation in relation to the site) by the Council as a landowner to the planning agreement to enable the intermediate housing units to be transferred to WHIL.

1.3. That the Cabinet Member for Finance and Smart Cities:

1.3.1.  Approves for the general fund to invest £9.1M into WHIL consisting of £5.915M of debt and £3.185M of shareholder loans to fund the purchase and associated costs; and

1.3.2.  Delegates authority to the Executive Director of Finance and Resources to agree final detailed terms with WHIL in respect of the investment and entering into all related legal agreements including loan documentation.

2.     Reasons for Decision 

2.1. Intermediate rent housing once built, cannot be held efficiently in the HRA. This is because the Council is unable to grant assured shorthold tenancies and the Council tenancy agreement always includes a right to buy. Therefore, an option is for the Council to dispose of intermediate units to a party who can arrange for appropriate intermediate tenure tenancies, such as a registered provider. It is considered preferable for the Council to consider disposing of these types of units to WB, ensuring the long term value of the homes is retained within the Council’s group. This is why the disposal to WHIL is proposed.

2.2. To enable the acquisition by WHIL to proceed, it is proposed the Council provides loans to WHIL covering the acquisition price and capitalised costs associated with the acquisition.

2.3.  As the intermediate rent housing is already owned by the Council under leases, this means there is an additional requirement to seek freeholder consent. The Council and WHIL as the proposed purchaser also need to consider the section 106 requirements around disposal.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 19/10/2021

Effective from: 27/10/2021

Wards affected: Little Venice;

Lead officer: James Green


13/10/2021 - Luxborough Street Development, London, W1U ref: 1501    Recommendations Approved

1.     Recommendations

1.1.That Appendix A of the report be 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 they contain information relating to the financial or business affairs of any particular person (including the authority).

1.2. That the Cabinet Member approves the following:

1.2.1.     The preferred way forward as set out in the Full Business Case, namely;

o   A development of 14 affordable Homes for Intermediate Rent together with commercial space at the ground floor,together with Landscaping works to Luxborough Tower

 

o   The direct development of the site by the council

 

o   The appointment of Wates Construction Ltd (Wates) as Main Contractor to deliver the construction works

1.2.2.     To approve the balance of capital expenditure totalling £10.038m       required to deliver the project as set out in paragraph 9.4.

1.2.3.     The execution of the Building Contract between the Council and Wates as Main Contractor to deliver the construction works as referred to in the Legal Implications in Appendix A.

1.2.4.     To pay £311k into the Security for Expenses Escrow Account as required under the Party Wall Act, as referred to in Appendix A and that any draw down against this sum is allocated to central contingency

 

2.     Reasons for the Decision

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

2.2.         The Council’s City For All objectives set a commitment to deliver 1,850 Affordable homes by 2023.

2.3.         The proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area (section 226(1)(a) and (1A), TCPA 1990).

2.4.         The Full Business Case represents the final business case stage in the project and reconfirms that project remains the most suitable option for the Council to deliver

2.5.         The Full Business Case has shown that there is still a strong strategic, economic, commercial, financial and management case for the project to progress to the delivery phase.

2.6.         Wates have now completed the detailed design and a rigorous open book tendering exercise has been undertaken and overseen by the Council’s appointed Cost Consultant (Aurora Cost Consultancy). Aurora have confirmed that the Contract Sum for the main works represents reasonable value for money.

2.7.         Having previously recommended the approval of Wates for the pre-construction services agreement in October 2020 following an OJEU compliant tender process, the Commercial Gate Review Panel also recommended on 14 September 2021 the award of the main construction works contract to Wates, subject to Cabinet Member approval

2.8.         The main construction works are scheduled to commence in October 2021

 

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 19/10/2021

Effective from: 21/10/2021

Wards affected: Marylebone High Street;


19/10/2021 - Marble Arch Mound - project and financial update ref: 1504    For Determination

This report provides an update on the budget envelope required to enable delivery of all the activities associated with the delivery of the Marble Arch Mound (‘the Mound’) visitor attraction. The Mound is temporary 24m-high hill structure located at Marble Archwith a viewing platform at the summit. 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 19/10/2021

Effective from: 27/10/2021

Decision:

That the Cabinet Member for Business, Licensing and Planning and Cabinet Member for Finance and Smart City:

a)     Noted the operational update and reported increase in costs; and

b)     Approved the forecast expenditure as detailed in paragraph 5.2 to cover all aspects of the delivery of the Mound.

 

Reasons for Decision

 

Since the initial CMR in May 2021 costs for the Mound have increased and therefore further Cabinet Member approval was required to draw down from the overall provision of £150m Oxford Street District investment budget.

Wards affected: Knightsbridge and Belgravia;


18/10/2021 - Supply and Allocation of Social Housing 2021/22 ref: 1500    For Determination

Recommendations

 

1.1      That the Cabinet Member for Housing agrees:

 

1.1.1    The approach to social lettings set out in table 1 and Appendix B 

 

1.1.2    Any necessary changes to the Allocation Scheme and any other council policies in order to implement the requirements of the Domestic Abuse Act 2021 (see 6.1–6.2)

 

 

1.1.3 Changes to the Allocations Scheme and to information on the council’s website relating to when Local Lettings Plans are agreed and the principles that are followed when they are implemented (see 6.7).

 

1.1.4    That a 6th priority is added to the priorities for letting intermediate housing in Westminster for ‘London Residents and Workers’, which will apply after 3 months of properties being marketed locally, or earlier if there is no local demand (see 6.6).

 

1.1.5    The updated Homelessness Strategy 2019–2024 Action Plan in Appendix D

 

1.1.6    The updated Accommodation Procurement Policy Action Plan 2021/22 in Appendix E

 

Reasons for Decision 

 

2.1      The council’s Housing Allocation Scheme is read alongside the annual Supply and Allocation of Social Housing Report, which sets out the proportion of social housing the council expects to let to the different groups in need. These lettings projections are needed to guide the approach to lettings during the year. 

 

2.2      This Report is also needed in order to consider and update wider policies relating to the allocation of social and private housing for households on the council’s housing register and to update any policy changes in relation to intermediate housing.

 

Decision Maker: Cabinet Member for Housing

Decision published: 18/10/2021

Effective from: 26/10/2021

Lead officer: Cecily Herdman


13/10/2021 - Luxborough Street Development ref: 1499    Recommendations Approved

This paper recommends the approval of the full business case and the appointment of Wates to undertake the works.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 15/10/2021

Effective from: 21/10/2021

Decision:

1.     Recommendations

1.1.That Appendix A of the report be 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 they contain information relating to the financial or business affairs of any particular person (including the authority).

1.2. That the Cabinet Member approves the following:

1.2.1.     The preferred way forward as set out in the Full Business Case, namely;

o   A development of 14 affordable Homes for Intermediate Rent together with commercial space at the ground floor,together with Landscaping works to Luxborough Tower

 

o   The direct development of the site by the council

 

o   The appointment of Wates Construction Ltd (Wates) as Main Contractor to deliver the construction works

1.2.2.     To approve the balance of capital expenditure totalling £10.038m       required to deliver the project as set out in paragraph 9.4.

1.2.3.     The execution of the Building Contract between the Council and Wates as Main Contractor to deliver the construction works as referred to in the Legal Implications in Appendix A.

1.2.4.     To pay £311k into the Security for Expenses Escrow Account as required under the Party Wall Act, as referred to in Appendix A and that any draw down against this sum is allocated to central contingency

 

2.     Reasons for the Decision

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

2.2.         The Council’s City For All objectives set a commitment to deliver 1,850 Affordable homes by 2023.

2.3.         The proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area (section 226(1)(a) and (1A), TCPA 1990).

2.4.         The Full Business Case represents the final business case stage in the project and reconfirms that project remains the most suitable option for the Council to deliver

2.5.         The Full Business Case has shown that there is still a strong strategic, economic, commercial, financial and management case for the project to progress to the delivery phase.

2.6.         Wates have now completed the detailed design and a rigorous open book tendering exercise has been undertaken and overseen by the Council’s appointed Cost Consultant (Aurora Cost Consultancy). Aurora have confirmed that the Contract Sum for the main works represents reasonable value for money.

2.7.         Having previously recommended the approval of Wates for the pre-construction services agreement in October 2020 following an OJEU compliant tender process, the Commercial Gate Review Panel also recommended on 14 September 2021 the award of the main construction works contract to Wates, subject to Cabinet Member approval

2.8.         The main construction works are scheduled to commence in October 2021

 

Wards affected: Marylebone High Street;


13/10/2021 - Community Play Provision for Children during School Holidays 2021-22 ref: 1497    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 13/10/2021

Effective from: 13/10/2021

Decision:

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £18,620.00 in respect of the above proposal, from the ward members of Abbey Road, Harrow Road, Maida Vale, Marylebone High Street, Queen's Park, Regent's Park and Westbourne wards, as detailed in the report.

Wards affected: Abbey Road; Harrow Road; Maida Vale; Marylebone High Street; Queen's Park; Regent's Park; Westbourne;

Lead officer: Clare O'Keefe


13/10/2021 - Approval of Expenditure from the Ward Budget of Marylebone High Street ref: 1472    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 13/10/2021

Effective from: 13/10/2021

Decision:

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £20,000.00 in respect of the above proposal, from the ward members of Marylebone High Street ward, as detailed in the report.

Wards affected: Marylebone High Street;

Lead officer: Clare O'Keefe


12/10/2021 - Acquisition of 291 Harrow Road ref: 1496    Recommendations Approved

Cabinet Member report outlining the recommendation for the acquisition of the 291 Harrow Road Site currently owned by the NHS.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 12/10/2021

Effective from: 19/10/2021

Decision:

1.     Recommendations

 

1.1. That Appendix 1 and 2 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 any particular person (including the authority holding that information).

 

1.2.That the Cabinet Member for Finance and Smart City approves:

 

1.2.1.  the Council proceed with the acquisition of the parcels of land known as 291 Harrow Road, 1-2 Elmfield Way and the DHSC owned N3 site (“the Site”) for the value set out in Appendix 1.

 

1.2.2.  delegates approval to agree final commercial terms of the acquisition as set out in Appendix 2 to the Executive Director of Finance & Resources.

 

1.2.3.  a virement from the General Fund’s central contingency to fund the acquisition and feasibility costs falling in this financial year and notes that a separate budget request for future years will be submitted as part of the Council ’s annual budget setting process.

 

1.3. Subject to approval of recommendation 2.2 above and the legal completion of the acquisition of the Site by the Council, the Cabinet Member for Communities and Regeneration approves:

 

1.3.1.  That further options analysis is undertaken in relation to various proposals as set out in the OBC Part. 1 (Appendix 2) including further consultation and engagement as required.

 

1.3.2.  A feasibility budget of up to £1.5m to appoint a multi-disciplined project team, to undertake the work set out in 2.3.1. 

 

 

2.     Reasons for Decision 

 

2.1. The Council commissions Learning Disabilities care from Yarrow Housing and Westminster Society on the proposed site. The units are now nearing the end of their useful lifecycle and without intervention would become uninhabitable in the near future, after which the provision would likely move out of Borough.

 

2.2. Acquiring the Site potentially enables the Council to re-provide new, high quality learning disabilities homes alongside a mix of affordable and market sales homes, increasing the provision of affordable housing in the Borough.

 

Wards affected: Westbourne;

Lead officer: James Green


15/11/2021 - NNDR Hardship scheme for 2021/22 applications ref: 1537    For Determination

This report will seek approval for a new NNDR Hardship scheme for applications received in 2021/22.

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 12/10/2021

Effective from: 23/11/2021

Decision:

The Cabinet Member approved the Council’s Guidelines for applications for NNDR Discretionary Relief policy document be amended as shown at Appendix A to reflect a change of policy and process for NNDR Hardship Relief applications received in respect of the 2021/22 financial year.

 

3.        Reasons for Decision 

The pre-pandemic arrangements for the processing of NNDR Hardship Relief applications involved limited delegated authority and the majority of cases being considered by the Rating Advisory Panel. This process has been successful over many years and during 2020/21 remained in place for applications relating to 2019/20 or earlier financial years.

Wards affected: (All Wards);

Lead officer: Martin Hinckley


08/10/2021 - Soho Neighbourhood Plan adoption ref: 1493    Recommendations Approved

Approval sought to formally adopt the Neighbourhood Plan for Soho following successful referendum.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 08/10/2021

Effective from: 08/10/2021

Decision:

           RECOMMENDATIONS

That the Cabinet Member for Business, Licensing and Planning agrees to formally ‘make’ (i.e. adopt) the Soho Neighbourhood Plan as part of Westminster’s Statutory Development Plan, following the referendum held on 2 September 2021.

 

REASONS FOR DECISION 

           To meet the requirements of the Town and Country Planning Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004, the Localism Act 2011, the Neighbourhood Planning Act 2017, and the Neighbourhood Planning (General) Regulations 2012 (as amended). 

 

 

Wards affected: West End;

Lead officer: Michela Leoni


08/10/2021 - Fitzrovia West Neighbourhood Plan adoption ref: 1494    Recommendations Approved

Approval sought to formally adopt the Neighbourhood Plan for Fitzrovia West following successful referendum.

Decision Maker: Cabinet Member for Business, Licensing and Planning

Decision published: 08/10/2021

Effective from: 08/10/2021

Decision:

 

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

SUBJECT: 

FITZROVIA WEST NEIGHBOURHOOD PLAN ADOPTION

 

 

Notice is hereby given that Cabinet Member for Business, Licensing and Planning,has made the following executive decision on the above mentioned subject for the reasons set out below.

RECOMMENDATIONS

That the Cabinet Member for Business, Licensing and Planning  agrees to formally ‘make’ (i.e. adopt) the Fitzrovia West Neighbourhood Plan as part of Westminster’s Statutory Development Plan, following the referendum held on 2 September 2021.

REASONS FOR DECISION 

To meet the requirements of the Town and Country Planning Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004, the Localism Act 2011, the Neighbourhood Planning Act 2017, and the Neighbourhood Planning (General) Regulations 2012 (as amended). 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

 

Publication Date:

 

08 October 2021

Implementation Date:

 

08 October 2021, 17.00

Reference:

 

CMBLP/21/MG1

 

Wards affected: Marylebone High Street; West End;

Lead officer: Michela Leoni


01/10/2021 - Infill Development Programme ref: 1473    For Determination

This paper recommends actively progressing 15 infill sites that are at different stages of development including five developments in construction, nine developments pre-construction and one development at feasibility stage and the deferment of 3 sites to enable further due diligence to be undertaken and additional sources of funding to be explored to support the potential progression at a later date. 

 

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 01/10/2021

Effective from: 09/10/2021

Decision:

2.     Recommendations

2.1.         That confidential Appendix A 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 that information).

 

2.2.         The Cabinet Member for Communities and Regeneration and Cabinet Member for Finance and Smart City approved the following:

 

2.1.1     An increase in the net capital expenditure budget required for the infills programme from £15.503m to £15.583m, noting that this assumes the approval of the contingency drawdown in 2.1.2 below.

 

2.1.2     AHF drawdown of £38.298m against the schemes as set out in Appendix A Table 2.

 

2.1.3     A £2.4m drawdown against the central contingency for the exceptional issues and a proportion of the cost increases incurred on the Melrose & Keith, Helmsdale House and Ordnance Mews infill sites.

 

2.1.4     Defer Abbots Manor Playground, Maida Vale Infill and Glastonbury House schemes to enable further due diligence to be undertaken on these projects and to seek additional grant funding opportunities to support these schemes.

 

2.1.5     Adopt a 60% social rent 40% intermediate rent mix (at LLR) to Lydford Community Hall. This meets both Westminster and GLA planning policy and is important given the additional GLA grant funding that is being sought to support this scheme. The proposed changes to mix require further consultation.     

 

2.1.6     The introduction of additional intermediate rental homes for Lydford Community Hall and the acqusition by Westminster Builds was agreed in principle by the Westminster Builds Board on the 22nd June 2021.

 

2.1.7     Noted that more detailed recommendations to approve investment in Westminster Builds to acquire the infill intermediate units will be provided at a later date.

 

 

3.              Reasons for the Decision

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

3.2.         The Infill Programme contributes 133 affordable homes towards the Council’s affordable housing targets.

 

Wards affected: Abbey Road; Harrow Road; Maida Vale; Tachbrook; Vincent Square; Warwick;


03/12/2021 - Healthy Child Programme (0-5) ref: 1553    Recommendations Approved

Approval to award a new health visiting contract and align and integrate it with children’s Early Help services to jointly deliver the 0-5 Healthy Child Programme. This workstream is part of the 0-5 Transformation Programme and is integral to achieve the ambitions of ensuring all children have the best start in life. 

The contract is planned to commence on or around 1st April 2022 for a period of five years, with an option to extend for a further two-year period. The total value of the proposed contract (including the extension options) is estimated to be up to £21,600,000 for WCC. 

We anticipate that moving to a single delivery model and integrated workforce will enable us to deliver a more efficient service across the pathway.

The strategy supports the development of a City for All, including our vision for vibrant communities and a smart city; using technology to support a smart service that is responsive to levels of need as well as ensuring everyone has an equal opportunity to succeed and be healthy no matter their background.

 

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

Decision published: 27/09/2021

Effective from: 11/12/2021

Decision:

2.0      RECOMMENDATION

2.1      The Cabinet Members approved the contract award for delivering the 0-5 Healthy Child Programme to Central London Community Healthcare NHS Trust for a period of five years with the option to extend for a further two years as set out in the table below:

Supplier

First Year

Five Year Term

Optional Extension Period (2 years)

Total

Central London Community Healthcare NHS (CLCH)

£2,702,928

£13,961,490

£5,971,154

£19,932,644

 

2.2      The Cabinet Members delegated approval to exercise the option to extend the contract to the Executive Director of Adult Social Care and Health in consultation with the Executive Director of Children’s Services.

 

3.0      REASONS FOR DECISION

3.1      The local authority has had commissioning responsibility for the current contract delivered by Central London Community Healthcare NHS Trust since 2015. During this time direct awards were requested in order to align with the pre-birth to five transformation programme. The current two-year direct award comes to an end in April 2022.

3.2      The implementation of the integrated delivery model will allow the local authority to achieve our local vision to deliver an improved 0-5 pathway, which provides a core, high quality universal offer whilst providing a more intensive offer proportional to need.

3.3      Local authorities are mandated to secure provision of the five universal contacts within the Healthy Child Programme. These include the antenatal health promoting visit, the new baby review, the 6- week assessment, the one-year assessment and the two-year review.

 

Wards affected: (All Wards);


23/09/2021 - HMO Licensing Policy ref: 1471    Recommendations Approved

Supporting the HMO Licensing Scheme this policy sets out the licensing requirements, regulations and compliance

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 23/09/2021

Effective from: 01/10/2021

Decision:

2.0       Recommendations

 

(i)    The Cabinet Member for Communities and Regeneration, having consulted the Cabinet Member for Housing, approved the partial revocation of the additional licensing designation made on 21st April 2021 to remove from the designation HMOs to which  section 257 of the Housing Act 2004 applies (certain converted blocks of flats).

 

(ii)   That the above revocation takes effect from 1 October 2021.

 

(iii) That the draft HMO Licensing Policy 2021 is approved.        

 

(iv) That delegated authority is given to the Director of Public Protection and Licensing to make minor modifications and updates to the HMO Licensing Policy, in consultation  with the Cabinet Member for Communities and Regeneration.

 

(v)   That authority to carry out HMO enforcement is delegated to an Officer authorised by the Executive Director of Environment and City Management.

 

3.0       Reason for Decision for Removal of s.257 HMO’s from the Designation

 

3.1       The Council has a duty to undertake a review of any discretionary licensing scheme it has implemented to determine whether it is achieving the scheme’s objectives. With the Covid19 pandemic impacting the rental market since the adoption of the scheme, and the way people are living and working changing, it is necessary for the Council to undertake a review to inform a decision on whether the scheme will continue to achieve its objectives in its current framework.

 

3.2       A review of Westminster’s additional Houses in Multiple Occupation (HMO) licensing scheme designation was conducted in September 2021 and is attached as Appendix A. 

 

3.3       HMOs subject to additional licensing are divided into two categories; HMOs that share basic amenities (s.254) and converted blocks of flats, which are less than two thirds owner-occupied and the conversion works did not comply with the appropriate building standards (s.257).

 

3.4       We know that people living in s.254 HMOs (and not subject to mandatory licensing) are more likely to be living in substandard living conditions and are often exposed to cold rooms, damp and severe overcrowding.  Of the estimated c4,800 shared amenities HMOs (s.254) across the borough, over 80% are expected to have at least one Category One hazard defined under the Housing Health and Safety Rating System (HHSRS)[1]. Those residing in s.254 HMOs are also more likely to make service requests and complaints to the Council about their housing standards and conditions, and require enforcement action taken under housing and public Health legislation (Source Metastreet 2019).

 

3.5       Comparison of the overall indices of deprivation for Westminster, location of s.254 HMOs, and predicted Category One hazards for wards in Westminster show a marked correlation particularly to the north west of the city with Church Street, Harrow Road, Queens Park and Westbourne Wards most affected (Source Metastreet 2019).

 


Text Box: Figure 2: No. of statutory notices served on HMOs 2019                Figure 1:  Indices of Deprivation 2019

           

 

3.6       S.254 HMOs are the lowest cost accommodation type in the centre of the City, and as a result, these HMOs are more likely to accommodate the most vulnerable and harder to reach communities, meaning there is a greater risk of exploitation by landlords.  In particular, some of our worst observed properties have been amongst migrant groups.   25% to 30% of Westminster’s population fluctuates every year due to the transient nature of some migrants and the PRS accommodates c.75% of this churn[2]. This cohort are often low-income midterm visitors that stay for several months, and then move on only to be  replaced by new and increasing demand for the spaces they occupied.  Research and our officer experiences evidence that the living arrangements and conditions of these migrants are often poor-quality, and for those with irregular or unresolved legal status, living conditions are observably worse. Some of our worst cases in Westminster have uncovered up to 30 people residing together in just a 3-bedroom room flat. However, requests for intervention within these communities are disproportionately under-represented because language or cultural barriers means that they are often unaware that support services exist, they are unwilling to report concerns for fear of retaliatory eviction, intervention from authorities, or disinclined to report concerns due to their intended short stays. Resource efforts are therefore required to pro-actively identify and target our worst properties and their landlords, who are unlikely to comply with the additional licensing scheme and operate under the radar.

 

            Impact of Covid19

 

3.7       Since the policy was first developed, the City and its economy has changed, with the Covid19 pandemic fundamentally changing the way people are choosing to live and work. 

 

3.9       Officers are concerned that falling rents may result in rented accommodation falling into further disrepair and living conditions worsening, placing our most vulnerable tenants at further risk. Officers consider that efforts should be focused on the pro-active identification and inspections of s.254 HMOs, to ensure we are doing all we can to improve living conditions within people’s homes at this time. 

 

3.10     Officers therefore recommend revoking the designation of s.257 HMOs whilst maintaining the designation of s.254 HMOs so that the Council’s efforts can be focused on protecting the most vulnerable, namely residents in s.254 HMOs, which are not required to be licensed under mandatory licensing. A draft notice of partial revocation of designation is attached as Appendix B.

 

3.11     Improving standards and conditions of the communal parts within s.257 HMOs will continue to be targeted through the Council’s existing housing and environmental health regulatory frameworks.  

 



[1] Category One Hazards are the extreme harm outcome including death from any cause; Lung cancer; Mesothelioma and other malignant lung tumours; Permanent paralysis below the neck; Regular severe pneumonia; Permanent loss of consciousness; 80% burn injuries

[2] ESRO 2007, Behind the Numbers, Migrant Patterns in Westminster

Wards affected: (All Wards);

Lead officer: Kirsty Munro


26/11/2021 - Extra Care Housing Contract Award ref: 1551    Recommendations Approved

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

Decision published: 22/09/2021

Effective from: 27/11/2021

Decision:

1.              Recommendations

2.1.          Further to the approval of the Commercial Gateway Review Board, theDeputy Leader and Cabinet Member for Adult Social Care and Public Health gave approval to:

2.1.1       Direct award an Extra Care Housing, Care and Support contract to Octavia for an initial term of up to 36 months, with the option to extend for terms of 36 months, subject to ongoing endorsement of the Commercial Gateway Review Board and the necessary extension approvals in due course.

 

2.1.2     Grants a waiver to the tendering requirements of the Procurement Code following a recommendation from the appropriate Executive Leadership Team Member and Director of Commercial Partnerships, to directly award the above WCC listed contracts for the reasons described in the report.

 

2.2.          The Legal Comments in section 9 of the report be noted, and that a balanced approach to risk management be taken as set out in section 6 of the report.

 

2.               Reasons for Decision

3.1.            The Health and Social Care Act 2012 sets out the public health duties conferred to Local Authorities which includes a duty to improve the health of the people that live in the area.

3.2.            The Care Act 2014 places a duty upon Local Authorities to ensure older people receive services that prevent their care needs from becoming more serious or delay the impact of their needs.

3.3.            The Care Act 2014 also stipulates a duty to Local Authorities to meet residents assessed needs.  

3.4.            Extra care housing services supports people assessed as needing access to 24/7 care and support in a highly effective and popular way that facilitates individual preferences relating to personal outcomes and wellbeing.

3.5.            Extra care housing services also play a vital role in supporting vulnerable people to maintain their independence, remain in the borough, prevent and reduce the need for emergency and more costly health and social care services.

3.6.            With the existing service contract reaching expiry it is essential that a good quality service is in place in order to achieve the service outcomes being sought and maintain the health and wellbeing in a time of unprecedented challenges.

3.7.            The contract award enables service continuity with an effective, local, third sector, highly experienced, highly responsive, provider as well as delivering value for money.

 

Wards affected: Maida Vale;

Lead officer: Elizabeth Gallou


09/11/2021 - Temporary Body Storage ref: 1533    Recommendations Approved

Decision Maker: Cabinet Member for City Management

Decision published: 22/09/2021

Effective from: 17/11/2021

Decision:

The Cabinet Member for City Management Cllr James Spencer approved the contract award for the delivery of Temporary Body Storage.

 

The Cabinet Member for City Management Cllr James Spencer approved the total sum for the full contract term of 4 years.

 

The contract will ensure that London has the necessary tools to respond proactively in the event of future excess death situations (pandemics and emergency scenarios).

 

Wards affected: (All Wards);

Lead officer: Councillor Anthony Devenish


17/11/2021 - Contact Centre Operating Model Review ref: 1538    Recommendations Approved

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 21/09/2021

Effective from: 25/11/2021

Decision:

1.               Recommendations

 

The Cabinet Member for Finance and Smart City approved the recommendation to bring the daytime corporate contact centre in-house for delivery alongside the housing management contact centre.

 

2.               Reasons for Decision

 

        The current contract with Agilisys to manage the daytime corporate contact centre expires in November 2022. Following two contract extensions no further extensions can be granted.

        A decision was required on the future operating model for the daytime corporate contact centre which needed to be agreed, planned and in place by November 2022 to ensure continuity of service.

        Insourcing the daytime corporate contact centre will provide the Council with greater control of performance, resourcing and quality and opportunities to transform the way our customers interact with us.

Wards affected: (All Wards);

Lead officer: Parmeen Sarda


17/09/2021 - Extension of the Waste Collection and Street Cleansing Contract and Food Waste/Recycling Processing Contracts with Veolia ES (UK) Ltd. ref: 1469    Recommendations Approved

The council has a statutory duty under the Environmental Protection Act 1990 to keep highways clean (to prescribed levels), collect household waste and collect commercial or industrial waste if requested. The current waste collection and cleansing contract commenced 16th September 2010 and was initially for a seven-year term to September 2017.? However, in 2017 the Council enacted a three-year extension to the contract extending the term to September 2020. At which point a further one-year extension was enacted taking the current contract term to 15th September 2021.?

There is provision in the current contract for it to be extended for up to a further three years to September 2024 without the council having to undertake a formal competitive tendering process.

Decision Maker: Cabinet Member for City Management

Decision published: 17/09/2021

Effective from: 25/09/2021

Decision:

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

 

SUMMARY OF THE DECISIONS

 

That 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 any particular person (including the authority holding that information).

 

That the extension of the Waste and Recycling Collection, Street Cleansing and Ancillary Services Contract be approved as set out in the report.

That the extension of the Recycling processing contract be approved as set out in the report.

 

That the extension of the Food waste processing contract be approved as set out in the report.

 

That a request for additional capital requirements be submitted in the CPSR process to fund the one-off capital spend required in the food waste roll-out.

 

That a request for additional revenue budget be submitted as a pressure in the MTFS process to fund the growth required for the food waste programme.

 

 

Reasons for Decision 

The scale of change to both how waste services operate and are funded from 2023 requires a new strategic approach to future waste management in Westminster. The social and economic impact of the coronavirus pandemic on Westminster and its implications for waste and cleansing services will also need to be fully assessed. This requires an investment of time and external challenge to ensure that the services we procure in future not only meet the changing legislative requirements such as the soon to be introduce new Environment Bill and National Waste Strategy but also future proof the services for the longer term.

 

An extension of the three contracts in question provides the time to develop the strategy to prepare for future challenges.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON 

SW1E 6QP

 

Publication Date:

 

17.09. 2021

Implementation Date:

 

24.09 2021 at 5pm

 

Wards affected: (All Wards);

Lead officer: Raj Mistry


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

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


03/12/2021 - Additional Restrictions Grant (ARG) Scheme, Tranche 3 Part 2 ref: 1554    Recommendations Approved

This report seeks approval to utilise the remainder of the third tranche of Additional Restrictions Grant (ARG) funding to fund business support activities for Westminster businesses and to administer a grant scheme to businesses who have received little or no grant support to date since the start of the pandemic.

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 10/09/2021

Effective from: 03/12/2021

Decision:

2.         Recommendation

2.1           The Cabinet Members approved the proposals as outlined in Section 5 of the report.

 

2.2           The Cabinet Members delegated authority be granted to the Executive Director for Finance and Resources and the Executive Director for Growth, Planning and Housing in the event of underspend to:

 

·       re-allocate funding from any particular scheme or project as set out under section 5, to the most suitable proposal(s) as outlined under section 5 of this report, and;

·       amend the eligibility criteria of the open grant scheme outlined in within section 5.1 of the report.

 

 

3.        Reasons for Decision 

3.1       The proposals outlined in section 5 of this report seek to provide the most appropriate methods of administration of the ARG funding and will ensure that the right types of support are provided to the most impacted business groups, whilst meeting the deadline date set by BEIS of 31 March 2022, for the full funding allocation to be defrayed.

 

3.2       The delegated authority decision will negate the need for a subsequent Cabinet Member Report to be produced should the funding allocations attributed to the various proposals have to be revised and will mitigate risk of funds not being fully spent and defrayed by 31st March 2022.

 

Wards affected: (All Wards);


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


26/11/2021 - Rating Advisory Panel 26.10.2021 ref: 1550    Recommendations Approved

Business Rates Discretionary & Hardship Relief

Decision Maker: Cabinet Member for Finance and Smart City

Decision published: 05/08/2021

Effective from: 26/11/2021

Decision:

2.        Recommendations

 

2.1      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.

 

2.2     The Cabinet Member approved the recommendations of the Rating Advisory Panel held on 26th October 2021 and determined the applications for NNDR Discretionary and Hardship relief set out in Appendix A.

 

3.         Reasons for Decision

 

3.1      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


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


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


09/11/2021 - Learning Difficulties, Housing Care & Support Services Direct Award ref: 1534    For Determination

To directly award a number of contracts delivering housing care and support in the Adult Social Care Integrated Commission Division.

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

Decision published: 10/06/2021

Effective from: 17/11/2021

Decision:

2.        Recommendations

2.1          Executive Director of Adult Social Care and Public Health in consultation with the Cabinet Member for Adult Social Care and Public Health approved the direct award of two contracts on new terms and conditions as listed in the table below for 18 months. The 18-month period will be from 1st October 2021 until 31 March 2023.

Contract Title

Contract Description

Supplier

Annual Contract Value*

(Interim contract) 18 month value

Supported Housing - Learning Disabilities

Block purchased (and some spot purchased) supported Housing / Living

LDN London

£4,148,000

£6,222,000

Residential Care – Learning Disabilities

Residential Care for People with Learning Disabilities at Barnard Lodge and Florey Lodge

LDN London

£1,352,000

£2,028,000

 

2.2          The Director of Commercial Partnerships and the Executive Director of Adult Social Care and Public Health, approved the recommendation to the Cabinet Member for Adult Social Care and Public Health, who approved a waiver of the Westminster Procurement Code from the requirement to undertake a competitive tendering exercise, to permit to directly award the above contracts for 18 months, commencing from 1 October 2021. 

 

3.        Reasons for Decision 

 

3.1.         We recommend a direct award to the incumbent providers of the Learning Disability Housing Care and Support provision to allow for service continuity to a vulnerable client group, to allow time to develop a new framework to rationalise the market to transfer a range of placements ranging from larger group homes to individual spot placements and floating support.

 

Wards affected: (All Wards);


17/11/2021 - Church Street Renewal Voids ref: 1539    Recommendations Approved

Decision Maker: Cabinet Member for Communities and Regeneration

Decision published: 14/05/2021

Effective from: 25/11/2021

Decision:

2         Recommendations

 

2.1      That the Cabinet Member approved: -

 

(a)  That voids arising on the Church Street, Site A (namely in the blocks known as Blackwater, Cray, Ingrebourne, Lambourne and Pool House) remain void to enable redevelopment works to commence when required,

 

 

(b)  That voids arising on the Church Street, Sites B (namely in the blocks known as Eden, Lea, Medway, Ravensbourne, Roding and Wandle House) and C (Colne, Darent, Derry, Isis, Mole and Windrush House) are no longer let as permanent secure tenancies from the date that this report is approved, except at the discretion of the Executive Director of Growth, Planning and Housing,

 

 

(c)   That voids arising in Sites B and Care used as temporary accommodation or otherwise at the discretion of the Executive Director of Growth, Planning and Housing to facilitate the achievement of vacant possession of the estate, and

 

(d)  That voids in Sites B and C, can be used to place homeless households under Part VII of the Housing Act 1996.

 

 

2.2          That the Cabinet Member delegates authority to the Executive Director of    Growth, Planning and Housing to review the rent levels for lettings and decide how these are split between the Housing Revenue Account and General Fund (“GF”).

 

2.3          That the Cabinet Member delegates authority to officers to explore the option for using the registered provider, Residential Management Group, to manage the voids so the City Council can retain rental income under the GF and that the Cabinet Member delegates authority to the Executive Director of Growth, Planning and Housing to make decisions to facilitate and enter into such arrangements on behalf of the City Council.

 

2.4          As Appendices 1 and 3 both contain confidential business information it is recommended these are exempt from publication.

 

3           Reasons for Decision 

3.1          The approvals and delegated authorities sought in this report are required to:

a)                       protect the City Council’s void assets,

b)                       enable a flexible and interim use of the properties, and

c)                        to provide rental income for such uses. 

This will ensure, during the lifespan of the programme that Westminster City Council makes best use of its properties and acts in the best interests of the scheme and its remaining residents.

 

Wards affected: Church Street;

Lead officer: Sarah Crampton


07/12/2021 - Public Realm improvements in Piccadilly Circus ref: 1556    For Determination

Proposals to design and implement public realm and protective security improvements in Trafalgar Square

Decision Maker: Cabinet Member for City Management

Decision published: 05/05/2021

Effective from: 15/12/2021

Decision:

2.        Recommendations

2.1      The report is exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A Part 1, paragraph 14 (as amended), in that it contains information relating to action to be taken in connection with the prevention investigation or prosecution of a crime

 

2.2      Approval was given to design and develop the hostile vehicle mitigation (HVM) scheme, in line with the design principles included within this report.

 

2.3      Approval was given for authority be delegated to the Executive Director of Environment & City Management, to implement the HVM scheme, in line with the design principles, in consultation with the Cabinet Member for City Management.

 

2.4      Approval was given for the expenditure of £2.7m from within the approved capital programme for protective security (£9.026m). The expenditure of £2.7m is necessary to commence the design and implementation of the HVM scheme.

 

 

3.        Reasons for Decision 

3.1      The proposed public realm security improvements identified in the report, will reduce the vulnerability of Piccadilly Circus to a terrorist attack utilising a vehicle as a weapon attack methodology or a penetrative vehicle borne improvised explosive device attack methodology.

 

3.2      The estimated cost to design, procure and implement the security measures is up to £2.7 million.

 

3.3      The Cabinet Member for City Management is recommended to approve the proposals outlined in the report and the capital expenditure necessary to implement the works.

 

 

Wards affected: St James's;

Lead officer: Mark Chalmers


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


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