Skip to main content

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.

Earlier - Later

Decisions

01/09/2020 - Grant a Contract Extension and Issue a lease to GCH (Alan Morkill) Ltd to Occupy the new Beachcroft House Care Home until June 2021 ref: 1238    Recommendations Approved

Establishment of the estate and property management arrangements for the management of Beachcroft.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/09/2020

Effective from: 09/09/2020

Decision:

1)     That the Cabinet Member for Adult Social Care and Public Health gave approval to the Executive Director of Adult Social Care and Health in order that she may exercise the extension option:

 

a)    To award a contract extension to GCH (Alan Morkill House) Ltd, for the provision of Beachcroft Care Home from 17th Dec 2020 to 17th June 2021.

 

b)    To allow the GCH (Alan Morkill House) Ltd to mobilise Beachcroft House Care Home and undertake the transition of services from Carlton Dene and Westmead to Beachcroft House Care Home.

 

2)     That the Cabinet Member for Finance, Property and Regeneration gave approval to grant a lease to GCH (Alan Morkill House) Ltd for a period of 9 months from September 2020 to June 2021.

 

 

 

1)          The fundamental reason for granting a lease to occupy Beachcroft and offer a 6-month extension to the current interim contract to GCH (Alan Morkill House) Limited was to ensure and secure immediate continuity of essential services to vulnerable residents currently living within Carlton Dene and Westmead and their move in to Beachcroft. The Care Quality Commission also required the care provider to evidence that it held a lease that allowed it to provide care on the premises or it would not pass registration and not be able to open. The contract extension also allowed time to procure the longer-term care provider.

 

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

 

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

 

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

 

·         Prime Minister’s Challenge on Dementia 2020.

·         England’s National Dementia Strategy.

·         Bi Borough Health and Well Being Board Dementia Plan.

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

·         City for All.

 

4)          The 6-month contract extension to 17th June 2021 would enable the Council the time required to fully and properly procure a long-term provider to undertake care at Beachcroft House. Ensuring that the procurement exercise makes the most of national, regional and local best practice in full and open engagement with market, this would enable an effective and value for money public procurement exercise to be undertaken.


24/11/2020 - Waste Collection and Street Cleansing Contract Extension ref: 1269    Recommendations Approved

Extension of Waste Collection and Street Cleansing Contract with Veolia ES Ltd. from September 2020 to September 2024

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 25/08/2020

Effective from: 03/09/2020

Decision:

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

 

2.              That the Cabinet Member for Environment and Highways and the Cabinet Member for Finance and Regeneration approved the extension of the Waste and Recycling Collection, Street Cleansing and Ancillary Services Contract with the organisation as set out in the report. for one year from 16th September 2020 to 15th September 2021.

3.              That the Cabinet Member for Environment & City Management and the Cabinet Member for Finance and Regeneration approved the continuation of the Food Waste and Recycling Processing contracts with the organisation as set out in the report. to be coterminous with the main contract to 15th September 2021.

 

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 but also future proof the services for the longer term. An extension of one year provides the time to develop the strategy to prepare for future challenges.

Wards affected: (All Wards);


19/02/2020 - Homelessness Strategy ref: 1155    Recommendations Approved

Cabinet Member approval sought for Homelessness Strategy.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 19/02/2020

Effective from: 27/02/2020

Decision:

1.              That the Cabinet Member for Housing Services agreed the Homelessness Strategy 2019 – 2024 as set out in Appendix B of the report.

 

2.        That the Cabinet Member for Housing agreed the Homelessness Strategy 2019 – 2024 Action Plan in Appendix C of the report and that noted it be updated regularly.

 

3.        That the Cabinet Member for Housing Services delegated authority to the Director responsible for Housing to update the Action Plan in conjunction with the Cabinet Member responsible for Housing. 

 

Reasons for Decision 

 

The Homelessness Act 2002 and the Homelessness Reduction Act 2017 require local authorities to have in place a Homelessness Strategy informed by the results of Homelessness Review. A new Homelessness Strategy is also needed to ensure that the council is doing everything possible to prevent and respond to homelessness in the city.  

Decision Maker: Cabinet Member for Hsg Services

Decision published: 02/06/2020

Effective from: 27/02/2020

Decision:

1.              That the Cabinet Member for Housing Services agreed the Homelessness Strategy 2019 – 2024 as set out in Appendix B of the report.

 

2.        That the Cabinet Member for Housing agreed the Homelessness Strategy 2019 – 2024 Action Plan in Appendix C of the report and that noted it be updated regularly.

 

3.        That the Cabinet Member for Housing Services delegated authority to the Director responsible for Housing to update the Action Plan in conjunction with the Cabinet Member responsible for Housing. 

 

Reasons for Decision 

 

The Homelessness Act 2002 and the Homelessness Reduction Act 2017 require local authorities to have in place a Homelessness Strategy informed by the results of Homelessness Review. A new Homelessness Strategy is also needed to ensure that the council is doing everything possible to prevent and respond to homelessness in the city.


02/03/2020 - St Marylebone Bridge Special School ref: 1161    Recommendations Approved

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 02/03/2020

Effective from: 02/03/2020

Decision:

1.         That the Cabinet Members for Economic Development, Education and Skills, the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Housing Services:

 

i.       Noted the grant of Planning Permission on 12th November 2019 for the new special school on part of the site of Wilberforce Primary Academy

 

ii.     Approved the Heads of Terms agreed by the Council and United Learning Trust (ULT), including payment of up to £1.875M to ULT for building works at Wilberforce Primary Academy (including VAT if charged) together with additional contributions from SEN capital grant and Community Infrastructure Levy.

 

iii.    Approved taking a surrender of the existing 125-year lease of the Wilberforce Primary Academy school site and the grant of new 125-year leases to Wilberforce Primary Academy and St Marylebone Bridge Special School.

 

iv.    Terminated the Agreement for Lease of a small parcel of land in the Housing Revenue Account which is within the curtilage of the school site, and approve its appropriation from the Housing Revenue Account to the General Fund

 

v.     Authorised the Director of Law to negotiate and sign the Agreement for Lease on the terms set out by the Secretary of State for Education in respect of the Special School

 

vi.    Noted that the Council have invited tenders and selected a contractor from the DfE Framework and a further recommendation will be brought forward in accordance with the Council’s usual procedures.

 

2.         That the Cabinet Member for Economic Development, Education and Skills, the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Housing Services agreed to delegate further negotiations to the Executive Director of Children Services, the Executive Director, Growth, Planning and Housing and the Director of Law.        

 

3.         That the Cabinet Member for Economic Development, Education and Skills and the Cabinet Member for Finance, Property authorise the Executive Director, Growth, Planning and Housing and the Bi-Borough Director of Law to implement the recommendations set out in the report.

 

 

 

 

Reasons for Decision

 

Planning permission was granted for the new special school to be built at the site of Wilberforce Primary Academy on 12 November 2019. The Council has entered into a Self-Delivery Agreement with the DfE to construct the school within the DfE’s budget. Tenders have been invited and a contractor has been selected. The Council has agreed the terms for a surrender of that part of the existing Wilberforce Primary Academy site required for the special school and for two new 125-year leases: one for Wilberforce Primary Academy and the other for St Marylebone Bridge Special School. Approval is sought for a series of actions required to give effect to the project.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

2 March 2020

Implementation Date:

 

9 March 2020 at 5pm

Reference:

 

CMfEDE&S, CMfHS, CMfFP&R/7/2019/20

 

Lead officer: Alan Wharton


17/02/2020 - Lisson Grove Office, Frampton Street London NW8 ref: 1151    Recommendations Approved

The refurbishment of Ground, Mezzanine and First floor offices

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/02/2020

Effective from: 25/02/2020

Decision:

1.               That 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 that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings under paragraph 5 of Schedule 12A of the Local Government Act 1972.

 

2.         That the Cabinet Member for Finance, Property and Regeneration approved the capital spend against the Lisson Grove Refurbishment Programme budget for the costs as detailed in the report and noted the revenue spend for decant costs.

 

3.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Corporate Finance and Property to procure, agree contracts and appoint consultants and building contractors for the Lisson Grove Refurbishment Contract.

 

Reasons for Decision 

The rationale for supporting this decision is as follows:

 

(1)        The refurbishment will provide an improved, more modern and agile working environment for staff that champions the Westminster Way of working enabling staff to deliver the very best for our residents.

(2)       Deliver our “City For All” vision by providing our residents and visitors a smarter and improved environment to access our services.

(3)       Contribute to the regeneration of the Church Street area.

Wards affected: Church Street;

Lead officer: Anne McCann, Steven Morrice


13/01/2020 - Belgravia Neighbourhood Forum Re-designation and Chelsea Barracks Neighbourhood Area Application ref: 1139    Recommendations Approved

Approval required to re-designate Belgravia Neighbourhood Forum in advance of current designation expiring

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 13/01/2020

Effective from: 13/01/2020

Decision:

Summary of Decision

 

That the Cabinet Member agreed to:

a) re-designate the Belgravia Neighbourhood Forum for a further period of 5 years and a formal designation notice be published under delegated authority by the Director of Policy, Performance and Communications;

b) maintain the existing boundaries of Belgravia Neighbourhood Area and Ebury Bridge Neighbourhood Area; and

c) reject the proposal to designate a new Chelsea Barracks Neighbourhood Area and a formal decision document be published under delegated authority of the Director of Policy, Performance and Communications.

 

Reasons for Decision 

 

Re-designation of Belgravia Neighbourhood Forum

Section 61F (7) of the Town and Country Planning Act 1990 (as inserted into the Act by the Localism Act, Schedule 9) sets out the conditions that a neighbourhood forum must meet, as well as the considerations that a local planning authority must take into account, when determining an application for the designation (or re-designation) of a neighbourhood forum.  The legislation states that a local planning authority may designate an organisation or body as a neighbourhood forum if the authority is satisfied that a number of conditions are met as set out in the report.

The City Council is required to have regard to whether membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area. The application submitted by Belgravia Neighbourhood Forum states that membership stands at over 300 members who live or work in the neighbourhood area. It further states that membership has been drawn widely from the designated area and the list of members have also been provided by the Forum. Post-code mapping the addresses provided confirms wide membership across the neighbourhood area, as shown in Appendix 4 of the report.  Notably this includes a significant number of members within the area proposed for inclusion in the application for a new Chelsea Barracks Neighbourhood Area.

In determining the application for re-designation, the City Council is also required to assess whether the purpose of the neighbourhood forum reflects (in general terms) the character of the area. The application submitted by Belgravia Neighbourhood Forum states that the Forum was established in response to the Localism Act with the express purpose of promoting and improving the social, economic and environmental wellbeing of Belgravia. It also states that this is being addressed through the production of a neighbourhood plan that addresses matters of importance to residents and workers.

As set out in the report, consultation responses on the re-designation of the Belgravia Neighbourhood Forum were largely supportive, albeit a small number of objections were received (some of which were submitted outside of the consultation period).

 

Chelsea Barracks Neighbourhood Area application

 

Section 61G of the Town and Country Planning Act 1990 (as inserted into the Act by the Localism Act, and supplemented through the Neighbourhood Planning Act 2017) sets out that:

·       applications for neighbourhood areas must be made by an organisation that is or is capable of becoming a neighbourhood forum

·       neighbourhood areas cannot overlap with one another;

·       that in determining any neighbourhood area application, the local planning authority can modify existing designations;

·       that in determining an application, the local planning authority must have regard to the desirability of maintaining the boundaries of existing neighbourhood areas; and

·       that if the application is refused, the local planning authority must give their reasons to the applicant.

 

The Chelsea Barracks Neighbourhood Area application refers to the establishment of a minimum 21 representatives from a broad mix of residents, local businesses and other key stakeholders. However, at the time of writing (12 weeks since the Neighbourhood Area application was submitted) no evidence has been provided to support this - despite officers encouraging the applicant to also put forward a Neighbourhood Forum application concurrent with the Neighbourhood Area application to support its case. It is therefore currently unclear if a representative, open and inclusive group exists to take forward neighbourhood planning in the area.

 

As shown at Appendix 1 of the report, the proposed Chelsea Barracks Neighbourhood Area would result in an overlapping of neighbourhood areas with the existing Belgravia Neighbourhood Area. If supported, it would therefore necessitate amendments to the boundary of Belgravia Neighbourhood Area – an area where an established group with an open and inclusive membership already exists to take forward neighbourhood planning matters.

 

In terms of the desirability of amending neighbourhood area boundaries, regard needs to be had to existing planning designations in the proposed area, and the progress Belgravia Neighbourhood Forum have made on neighbourhood planning matters. Importantly, all of Belgravia Conservation Area, and all of Pimlico Road Local Centre, fall within the existing Belgravia Neighbourhood Area. The proposed Chelsea Barracks Neighbourhood Area application would result in both designations being split across separate neighbourhood areas, therefore risking inconsistent policy approaches coming forward through separate neighbourhood plans. Furthermore, as set out in section 9 below, protecting the heritage of the area and enhancing Pimlico Road as a retail and community hub, have both been identified by Belgravia Neighbourhood Forum as key priorities that they intend to address in the Belgravia Neighbourhood Plan.

 

As was the case when Belgravia Neighbourhood Area and Ebury Bridge Neighbourhood Area were originally designated, it is maintained that the permitted plans for the Chelsea Barracks site are of a character and orientation that is in keeping with that of the wider Belgravia Neighbourhood Area. Finally, consultation on the Chelsea Barracks Neighbourhood Area application has generated only one letter of support, and a number of objections, as set out in the report.

 

For all these reasons, the Chelsea Barracks Neighbourhood Area is rejected and no changes to the boundaries of the existing Belgravia Neighbourhood Area or Ebury Bridge Neighbourhood Area are considered necessary.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

13 January 2020

Implementation Date:

 

13 January 2020

Reference:

 

CMfPS&P/11/2019/20

 

Wards affected: Churchill; Knightsbridge and Belgravia; Warwick;

Lead officer: Sean Walsh


19/12/2019 - Proposed Scheme at the Portman Children Centre ref: 1136    Recommendations Approved

Re-modelling, refurbishing and renewing the heating system at the Children Centre. 

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 19/12/2019

Effective from: 31/12/2019

Decision:

That the Cabinet Member for Family Services and Public Health, the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Economic Development, Education and Skills agreed approval to spend of up to £2.951m for the re-modelling of the building and the renewal of the existing heating system at the Portman Children Centre, 12 Salisbury Street, London, NW8 8DE.

 

Reasons for Decision

 

1)              The key reasons and rationale for supporting this decision were as follows:

 

(1)    Take the opportunity to remodel and alter the building by creating a fit for purpose family hub achieving the council’s objective;

(2)    The existing building was in need of Health and Safety Works to ensure the staircase serving the building is compliant from a Building Control and Disability Discrimination Act (DDA) perspective

(3)     The current heating system including boilers and distribution pipework was at the end of its lifespan and required complete renewal.

 

2)        The Portman Children Centre was one of three sites identified to become a family hub.  Now that the building had been vacated by the service end users an opportunity had risen to undertake the heating renewal and remodelling work in one single phase and whilst the building was unoccupied.  This would enable the work to be undertaken in the most efficient timescale.

 

3)        The proposed project would create a larger more welcoming reception area, a new two-storey extension to the rear of the Children Centre creating an outside/inside space.  The two-storey extension would essentially increase the area of the nursery on the ground floor and provide additional office accommodation and space for general community use on the first floor.

 

4)        The proposed works would also comprise re-configuring and re-modelling the internal layout of the building creating a better use of space for the community culminating in a new Family Hub.  The work would also include installing a new DDA compliant lift, which would extend to the roof terrace enabling service users with a physical disability to maximise their access to utilising the space.

 

5)        As stated in item 1) the proposed work will include replacing the existing heating system with a far more enhanced system which would produce cost savings on heating bills creating a far more energy efficient building contributing to one of the City for all objectives in creating a greener city.

 

6)        By undertaking the work included in item’s 1), 3) and 4) would mean that the new Family Hub would increase the standard of services that it offered, provide more effective care for families which would create a new Family Hub Service capable of supporting the community in a far more efficient way.


17/10/2019 - Oxford Street District - Procurement Decision ref: 1105    Recommendations Approved

Decision related to the award of contract for the design and build contract.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/10/2019

Effective from: 25/10/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Place Shaping and Planning approved the award of a contract for the Design and Build of the Oxford Street District project to the preferred bidder and noted that this joint venture covers both design and build services with the design elements being subcontracted to a sub-consultant as detailed in the report.

 

Reasons for Decision

The preferred bidder has provided a compliant and high quality tender submission.

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

Lead officer: Susanne Afra


15/10/2019 - CLCH Health Visiting Contract Extension ref: 1103    Recommendations Approved

This report seeks approval to proceed with an extension for the current CLCH Health Visiting Service contract for a six-month period from the 1st October 2019 until the 31st March 2020.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 15/10/2019

Effective from: 24/10/2019

Decision:

1.                      RECOMMENDATIONS

1.1.                 That the Cabinet Member for Family Services and Public Health approved the proposed contract extension of the CLCH Health Visiting Service. The total cost of the six-month contract extension period was £1,725,909.

1.2.                 That the Cabinet Member for Family Services and Public Health agreed the recommendation to allow the Family Nurses Partnership contract to end and that this group of young families were supported through a more enhanced Health Visiting offer and Early Help offer.

2.                      REASON FOR DECISION

2.1.                 This presented a timely opportunity to review current service delivery and outcomes as part of a wider pre-birth to five years pathway redesign. This six-month extension ensured continuity of service whilst an option for a longer-term model of delivery was developed. We had taken a partnership approach to exploring alternative ways to delivering elements of the Healthy Child Programme to consider and identify opportunities to ensure it was aligned into wider pre-birth to five years pathways including best start, school readiness and with a good focus on speech and language development.

2.2.                 The contract extension period would also provide us with time to identify at test new ways of working and to develop the service specification ready for a new contract. It would accompany the pre-birth to five years agenda and would be sustainable by utilising the wider workforce. The contract extension period would provide us with additional time to develop and pilot and to embed an integrated model utilising the wider workforce which would inform the future delivery model and commissioning intentions.

2.3.                 Negotiations with the current provider have ensured that the quality of the service will continue alongside this work to support the development of a new model in the longer term.

Wards affected: (All Wards);

Lead officer: Gaynor Driscoll


09/10/2019 - Re-designation of Notting Hill East Neighbourhood Forum ref: 1098    Recommendations Approved

Approval required to re-designate Notting Hill East Neighbourhood Forum in advance of current designation expiring

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 09/10/2019

Effective from: 09/10/2019

Decision:

Summary of Decision

 

That the Notting Hill East Neighbourhood Forum be re-designated for a further period of 5 years and a formal designation notice be published under delegated authority by the Director of Policy, Performance and Communications.

 

Reasons for Decision 

 

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

 

The City Council is also required to assess whether the purpose of the neighbourhood forum reflects (in general terms) the character of the area. The application submitted by the Forum for re-designation states that the Forum was established in response to the Localism Act in accordance with the wishes of residents and businesses to promote, enhance and improve the unique qualities of the area. It also makes clear that the continued preparation of a neighbourhood plan that addresses planning and development matters, public realm improvement projects, and environmental policies, is a priority for the Forum. Initial drafting of the plan is well underway and therefore the main purpose for the existence of the Notting Hill East Neighbourhood Forum is stronger now than when it was initially designated.

 

Consultation on the re-designation of the Notting Hill East Neighbourhood Forum highlighted support for the application, no objections, or competing applications.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

9 October 2019

Implementation Date:

 

9 October 2019

Reference:

CMfPS&P/7/2019/20

 

Wards affected: Bayswater; Westbourne;

Lead officer: Sean Walsh


27/09/2019 - Little Venice Hanging Baskets (Summer and Winter 2019) ref: 1090    Recommendations Approved

Ward budget spending in Little Venice ward

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 27/09/2019

Effective from: 27/09/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

EXPENDITURE FROM THE WARD BUDGETS FOR HANGING BASKETS IN LITTLE VENICE

 

Notice is hereby given thatthe Cabinet Member for Sports, Culture & Community has made the following executive decision on the above mentioned subject for the reasons set out below.

 

Summary of Decision

 

That the expenditure of £20,625 in respect of the proposal detailed in the report be agreed.

 

Reasons for Decision

 

£20,625 will fund the rental of 150 550mm diameter Summer and Winter hanging baskets, in Little Venice ward. The summer hanging baskets will be installed in May 2019 and fully maintained throughout the summer period until late September when they will be removed. Winter/spring hanging baskets will be installed in September/October, and will be fully maintained throughout the winter and spring period May 2020, when they will be removed. 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

19 May 2019

Implementation Date:

19 May 2019

Reference:

 

CMfSC&C/7/2018/19

 

Wards affected: Little Venice;

Lead officer: Janis Best


27/09/2019 - Marylebone High Street Hanging Baskets (Summer and Winter 2019) ref: 1089    Recommendations Approved

Ward budget spending in Marylebone High Street ward

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 27/09/2019

Effective from: 27/09/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

EXPENDITURE FROM THE WARD BUDGETS FOR HANGING BASKETS IN MARYLEBONE HIGH STREET

 

Notice is hereby given thatthe Leader of the City Council has made the following executive decision on the above mentioned subject for the reasons set out below.

 

Summary of Decision

 

That expenditure of £32,587.50 in respect of the proposal detailed in the report is approved.

 

Reasons for decision

 

£32,587.50 will fund the rental of 237 Summer and Winter hanging baskets in Marylebone High Street ward. The summer hanging baskets will be installed in May 2019 and be fully maintained throughout the summer period until late September when they will be removed. Winter/spring hanging baskets will be installed in September/October, and will be fully maintained throughout the winter and spring period May 2020, when they will be removed.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

18 June 2019

Implementation Date:

18 June 2019

Reference:

 

CMfSC&C/8/2018/19

 

Wards affected: Marylebone;

Lead officer: Janis Best


25/09/2019 - Oxford Street District - Ramillies Project ref: 1081    Recommendations Approved

The Ramillies project is a project that proposes to improve the public realm on Ramillies Street, Ramillies Place and Hills Place. The project also aims to incorporate art into the public realm and is the first work package to be delivered as part of the Oxford Street District programme of works.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 25/09/2019

Effective from: 03/10/2019

Decision:

Recommendations

 

That the Cabinet Member for Place Shaping and Planning and the Cabinet Member for Finance, Property and Regeneration agree recommendations 2.1 to 2.3 to the extent that the matters fall within their respective Terms of Reference:

 

2.1       Thatapprovalwasgivenforthe initial design fortheRamillies Street Work Package as shown ontheGeneralArrangementdrawing inAppendixB. The site clearance plan was also enclosed in Appendix C.

 

2.2       Thatspendingapprovalwasgiven for the delivery of the remaining stages of the Ramillies Street Work Package funded by the Oxford Street District programme.

 

2.3       That the Director of Place Shaping and Town Planning was given delegated authority to make any necessary changes to the Ramillies Street Work Package design as presented in this report, in consultation with the Cabinet Member for Place Shaping and Planning and Cabinet Member for Finance, Property and Regeneration.

 

          That the Cabinet Member for Environment and City Management agree recommendation 2.4 to the extent that the matters fall within his respective Terms of Reference:

 

2.4       That the authorisation be provided for the making or amending of the necessary Traffic Management Orders under the Road Traffic Regulation Act 1984.

 

ReasonsforDecision

 

The proposed highway modifications seek to deliver a high-quality public realm scheme in Ramillies Street, Ramillies Place and Hill Place, as part of the Oxford Street District programme. This would benefit place making whilst providing improvements to pedestrian comfort and safety.

 

The detailed design can be undertaken taking into consideration the responses from the Traffic Management Order (TMO) consultation.

 

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

 

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

Lead officer: Susanne Afra


09/09/2019 - Ebury Bridge Estate Regeneration ref: 1079    Recommendations Approved

Cabinet Member approval sought for award of demolition contract.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 09/09/2019

Effective from: 17/09/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration:

 

2.1            Approved the award of a contract for the demolition of Ebury Bridge Phase 1 to the preferred bidder over the period 1 October 2019 to 1 October 2021, with the option to extend (no commitment at this stage) for additional potential phases of demolition as follows as set out in section 5 of the report:

 

·         Mercer and Pimlico (Phase 2 blocks with low levels of occupancy) - Additional year

 

·         Remaining Phase 2 blocks - Additional 2 years

 

2.2            Delegated authority to the Executive Director of Growth, Planning and Housing to procure, award and execute a contract with a selected contractor in respect of the Meanwhile Use Works as set out in section 6 of this report.

 

2.3            Delegated authority to the Executive Director of Growth, Planning and Housing in consultation with the Executive Director of Finance and Resources to award and execute:

 

2.3.1the option to extend the Demolition Contract to Mercer and Pimlico as set out in section 5 of the report;

 

2.3.2the Pre-Construction Services Agreement for Phase 1 to a selected Contractor as set out in section 7 of the report; and

 

2.3.3the contracts for multi-disciplinary services for Phase 1 and Phase 2 as set out in Section 8 of the report with a selected consultant.

 

2.3.4Delegated authority to the Executive Director of Growth, Planning and Housing in consultation with the Executive Director of Finance and Resources to agree, enter into and execute any required Basic Asset Protection Agreements, or Asset Protection Agreements, as may be required, with Network Rail or other Body as set out in section 9 of the report. 

 

Reasons for Decision

 

The Ebury Bridge Estate is one of the five priority estates identified in the Council’s Housing Renewal Strategy (2010) as needing significant improvement and investment.  In line with the Council’s City for All objectives, 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.  Good progress has been made to date in enabling the scheme and the proposals in this report will maintain that momentum and commence delivery of the Council’s promises to the existing community.

 


03/09/2019 - New Freehold Commercial Property Acquisition ref: 1075    Recommendations Approved

Mixed use building in W2

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 03/09/2019

Effective from: 11/09/2019

Decision:

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

2.         That the Cabinet Member for Finance, Property and Regeneration approved a gross spend of up to the amount set out in the report for the acquisition of freeholds as specified in the report located in W2, London and that authority be delegated to the Executive Director of Finance and Resources to conclude negotiations in the best interest of the Council, including the negotiation of all heads of terms and arranging for all legal documentation in association with the purchase to be completed.         

Reasons for Decision    

Recommendation to purchase a mixed use investment to facilitate redevelopment in the area.

Wards affected: Church Street;

Lead officer: Philip Owen


23/08/2019 - Aids and Adaptations Contract ref: 1071    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 23/08/2019

Effective from: 03/09/2019

Decision:

1.         That in accordance with Paragraph 3 of schedule 12A to the Local Government Act 1972 this report be exempt from publication in that it relates to information relating to the financial or business affairs of any particular person (including the authority holding the information).

2.         That the Cabinet Member for Housing Services approved the contract award as set out in the report for the period 17 September 2019 to 16 September 2024, with the option to extend for 2 years; and

3.         That the Cabinet Member for Housing Services delegated authority to the Executive Director of Growth Planning and Housing to approve any extension under the contract up to a period of 2 years.

Reasons for Decision 

 

The Care Act 2014 places new duties on local authorities to facilitate and shape their market for adult care and support including delivering adaptations to overcome functional and mobility needs that promote wellbeing of people who need care and support under the directive.


21/08/2019 - Citywide wayleave for broadband ref: 1070    Recommendations Approved

Adoption of a citywide wayleave approach to broadband with implementation subject to technical approval on a site by site basis.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 21/08/2019

Effective from: 21/08/2019

Decision:

1.         That in accordance with Paragraph 3 of schedule 12A to the Local Government Act 1972 this report be exempt from publication in that it relates to information relating to the financial or business affairs of any particular person (including the authority holding the information).

 

2.         That the Cabinet Member for Housing Services, Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Customer Services and Digital authorised the Executive Director of Growth, Planning and Housing to enter into citywide wayleave agreements with operators who apply to install their broadband apparatus across the Council’s housing stock, investment portfolio and operational portfolio on the principles as set out in the report.

 

3.         That the Cabinet Member for Housing Services, Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Customer Services and Digital noted the Executive Director of Growth, Planning and Housing’s proposal to the form of citywide wayleave for broadband infrastructure for the Council’s housing, investment portfolio and operational portfolios.

 

4.         That the Cabinet Member for Housing Services, Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Customer Services and Digital delegated to the Executive Director of Growth, Planning and Housing’s the signature of city wide wayleaves.

 

5.         That the Cabinet Member for Housing Services, Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Customer Services and Digital noted the proposal that site by site technical approvals will be issued by the operational team responsible for technical oversight of the broadband infrastructure programme.

 

6.         That the Cabinet Member for Housing Services, Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Customer Services and Digital noted thatthere is no effective method of bringing code rights to an end in respect of individual sites within the context of a citywide wayleave as the termination provisions of the Electronic Communications Code are not consistent with the notion of a citywide or master wayleave supplemented by individual site approvals.  

 

Reasons for Decision 

To agree a way forward on the development of wayleaves for broadband services across the Council’s stock.


08/08/2019 - Rating Advisory Panel 11.06.19 ref: 1066    Recommendations Approved

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/08/2019

Effective from: 08/08/2019

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 11 June 2019 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

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 of the report.

 

Lead officer: Susan Bush


15/07/2019 - Adoption of the London Living Wage ref: 1065    Recommendations Approved

Considerations relating to the adoption of London Living Wage/National Living Wage Policy (LLW/NLW) for Westminster City Council

Decision Maker: Cabinet

Decision published: 16/07/2019

Effective from: 25/07/2019

Decision:

1.        That the Council takes steps to adopt a Living Wage policy whereby staff working for contractors delivering services on behalf of the Council are paid at least the London Living Wage (LLW) or the National Living Wage outside of London.

 

2.        The Council continues to pay its own London based staff LLW and to broaden this to apply to its apprentices.

 

3.        The Council seeks Living Wage Foundation accreditation as a public pledge of its commitment.

 

4.        That a phased approach to implementation is adopted which means that the Living Wage will be incorporated as contracts are retendered with appropriate legal advice taken on a case by case basis.

 

 

 

 

1.        The decisions directly supports the City for All priorities, specifically:

 

- Caring fairer City and
- City of opportunity

 

 

Wards affected: (All Wards);

Lead officer: Snowia Hussain


11/07/2019 - Mayfair Neighbourhood Plan Decision Statement ref: 1063    Recommendations Approved

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 11/07/2019

Effective from: 11/07/2019

Decision:

Summary of Decision

 

That the Cabinet Member agreed:

 

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

           

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

           

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

 

 

Reasons for Decision 

 

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

Before a neighbourhood plan can be made, it is a statutory requirement that it is first subject to local referendum. As Mayfair Neighbourhood Area is also designated as a business area, two referendums are required – one for residents, and one for businesses. In advance of the referendums, the council must publish a Decision Statement setting out the actions it proposes to take in response to the examiner’s report

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

11 July 2019

Implementation Date:

 

11 July 2019

Reference:

 

CMfPS&P/2/2019/20

 

Wards affected: Knightsbridge and Belgravia; West End;

Lead officer: Sean Walsh


11/07/2019 - Policy, Performance & Communications re-organisation ref: 1062    Recommendations Approved

Review of consultation for directorate re-organisation. Decision required: approval of new directorate organisation.

Decision Maker: Leader of the Council

Decision published: 11/07/2019

Effective from: 11/07/2019

Decision:

That the implementation of the proposed structure chart for the Policy, Performance and Communications Department contained at Appendix 2 of the report be approved.

 

Reasons forDecision

 

To provide the Leader, Cabinet, Chief Executive and Executive Leadership Team with the resource and capability needed to drive the delivery of the council’s priorities, the new organisation of PPC will drive efficiency and pace through:

·       Providing a single source of information for all corporate change projects within the Council, creating corporate visibility of projects and the associated benefits through robust and transparent monitoring and reporting practices. 

·       Enhancing the support provided to Cabinet Members and Executive Directors to ensure all activity within their portfolio delivers to the council’s City for All priorities.   

·       Ensuring all communications activity makes a strategic contribution towards achieving our City for All goals.  

·       Putting insight and evaluation at the heart of what we do, making sure our policies and communications are evidence based and impactful.   

The new organisation will:

·       Drive a culture of organisational efficiency and delivery.

·       Build our capabilities around insight and intelligence, making sure evidence drives communications and decision making.

 

Lead officer: Julia Corkey, Lloyd Runham-Cuenca


19/06/2019 - Westminster's City Plan Regulation 19 consultation ref: 1058    Recommendations Approved

Decision to publish Westminster's City Plan and Integrated Impact Assessment for formal Regulation 19 consultation

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 19/06/2019

Effective from: 19/06/2019

Decision:

Summary of Decision

 

That the Cabinet Member for Place Shaping and Planning agreed the Proposed Documents for publication under Regulation 19 of the Town and Country Planning Local Planning) (England) Regulations 2012 attached as Appendices 1 - 3 to this report:

 

1.                  The Publication Draft City Plan 2019 - 2040

2.                  Integrated Impact Assessment

3.                  Revised Policies Map

 

Reasons for Decision 

 

To provide a robust and up to date policy framework within the statutory local plan for the taking of planning decisions across the city and delivery of City for All commitments.

Wards affected: (All Wards);

Lead officer: Kimberley Hopkins


17/06/2019 - Discretionary Housing Payment Review Advisory Panel: (30.04.2019) Determination of Discretionary Housing Payment Review Applications ref: 1056    Recommendations Approved

Cabinet Member approval sought for recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/06/2019

Effective from: 17/06/2019

Decision:

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

           

2.         That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 30 April 2019.

 

Reasons for Decision 

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


17/06/2019 - Purchase of flat in WC2 ref: 1628    Recommendations Approved

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/06/2019

Effective from: 17/06/2019

Decision:

Summary of Decision

 

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

 

2.              That the Cabinet Member for Finance, Property and Regeneration agreed to delegate authority to the Executive Director of Finance and Resources to purchase the long-leasehold interest in the property as specified in the report, and to conclude all necessary negotiations and oversee legal documentation.

 

3.              That the Cabinet Member for Finance, Property and Regeneration noted the Stamp Duty Land Tax costs and legal costs estimated for the acquisition as detailed in the report.

 

Reasons for Decision

The property will be held for investment purposes and may be used for temporary accommodation or let under Assured Shorthold Tenancies (ASTs).

 

Lead officer: Sarah-Jayne Hurst


17/06/2019 - Purchase of Investment Property in WC2 ref: 1057    Recommendations Approved

Freehold of multi-tenanted mixed use building currently being openly marketed.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/06/2019

Effective from: 25/06/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration agreed to delegate authority to the Executive Director of Finance and Resources to purchase the long-leasehold interest in the property as specified in the report, and to conclude all necessary negotiations and oversee legal documentation.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted the Stamp Duty Land Tax costs and legal costs estimated for the acquisition as detailed in the report.

 

Reasons for Decision

The property will be held for investment purposes and may be used for temporary accommodation or let under Assured Shorthold Tenancies (ASTs).

Wards affected: St James's;

Lead officer: Philip Owen


06/06/2019 - Church Street Sites A B and C - Preferred Way Forward ref: 1053    Recommendations Approved

The council has developed four options for Sites A B and C and this report recommends one of the four to proceed with and develop further resulting in a full OBC.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 06/06/2019

Effective from: 14/06/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration:

1.            Approved option 3 as the Preferred Way Forward to progress Sites A, B and C and Church Street market and to return to Cabinet Member with an Outline Business Case for approval in Autumn 2019;

2.            Authorised Officers to consider the inclusion of the properties on Edgware Road on Site C in the scope of redevelopment of option 3;

3.            That in connection with progressing option 3, authorised Officers to enter into voluntary negotiations with leaseholders in any or all blocks within Sites A, B and C (with the exception of Kennet House) to apply the acquisition budget to acquire all leasehold interests by agreement at open market value and offer compensation in line with the Council’s Policy on Leaseholders in Housing Renewal Areas;

4.            That also, in connection with progressing option 3, authorised the implementation by Officers of the Council’s Policy for Tenants in Housing Renewal Areas (as updated from time to time) to include all blocks in Sites A, B and C (with the exception of Kennet House).

Reasons for Decision 

The decisions requested in this report will:

·                                          enable the proposals of the chosen option to be progressed and developed into an Outline Business Case for consideration by the Cabinet Member in Autumn of 2019;

·                                          enable the achievement of vacant possession of all blocks on Sites A, B and C (except Kennet House) in readiness for redevelopment in accordance with the emerging development programme timetable.

Wards affected: Church Street;

Lead officer: Archika Kumar


06/06/2019 - Lisson Grove Programme ref: 1054    Recommendations Approved

Cabinet Member approval sought for proposals.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 06/06/2019

Effective from: 14/06/2019

Decision:

1.      That Appendix A of this report be exempt from publication under Section 100 (A) (4) and Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) as it contains information which should be exempt from publication relating to the business and financial affairs of the authority.

2.      That the Cabinet Member for Finance, Property and Regeneration approved Officers to:

·         Take forward option 3 as the Preferred Way Forward for Gayhurst House & 6-12 Lilestone Street.

·         To progress Gayhurst House and 6-12 Lilestone Street in conjunction with the wider programme of sites and return to the Cabinet Member with an Outline Business Case in autumn 2019.

·         Authorised Officers to enter into voluntary negotiations with residents and organisations and to spend the acquisitions budget to acquire all interests by agreement at open market value and offer compensation in line with the Council’s Policy for Leaseholders in Housing Renewal Areas.

 

Reasons for Decision 

1.    The Church Street/Edgeware Road Area is one of five priority estates identified in the Councils Housing Renewal Strategy (2010) as needing significant improvement and investment. In line with the City for All objectives and the Church Street Masterplan, the overarching objective of regenerating the Church Street ward is to bring about physical change that is sustainable and creates new and better homes, health and wellbeing services, economy and employment, public realm and open spaces to improve the lives of residents, business and visitors alike.

2.    The decisions requested in this report will enable the design of the chosen option to be progressed, informed by comments received from the consultation and to be developed into an Outline Business Case for consideration by the Cabinet Member in autumn 2019.

3.      To allow the Council as much time as possible to acquire interests by agreement and achieve vacant possession in accordance with the regeneration programme.

4.      Option 3 is viewed as the Preferred Way Forward following a period of resident consultation. It brings about the most beneficial changes when judged against the Evaluation Criteria (see Appendix E). This assessment incorporates an evaluation of Viability and the Masterplans 4 Key Themes; Homes, Health & Wellbeing, Market & Economy and Making Connections across all 3 options and is supported by:

·         Wide ranging consultation with the community including the Priorities Consultation and the Options Consultation;

·         Soft Market Testing with a broad range of potential delivery partners;

5.      Option 3 provides a compelling case in the public interest for regeneration following an extensive series of consultations including a dedicated Options Consultation.  Option 3 provides a total of 73 new homes, including 28 re-provided affordable homes and 16 new affordable homes in addition to improved public realm and open space opportunities. Further engagement is proposed with community groups and key stakeholders as the design is developed.

Wards affected: Church Street;


22/05/2019 - The Installation of a Christmas tree in front of Wyndham Place ref: 1051    Recommendations Approved

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 22/05/2019

Effective from: 22/05/2019

Decision:

Summary of Decision

 

That the expenditure of £30,000 in respect of the proposal detailed in the report be agreed.

 

Reasons for Decision

 

£30,000 will contribute towards the costs involved for the installation of foundations, to allow for a Christmas tree to be installed each year, in front of St Mary’s Church on Wyndham Place. This would cover costs of a C2 stats survey, topographical survey and basement survey, as well as costs for the construction of foundations, pavements and contingency costs. 

 

 

 

Wards affected: Bryanston and Dorset Square;

Lead officer: Janis Best


27/02/2019 - Electoral Review of the City of Westminster by the Local Government Boundary Commission - Submission from the City of Westminster (TO FOLLOW) ref: 1004    Recommendations Approved

Decision Maker: General Purposes

Made at meeting: 27/02/2019 - General Purposes

Decision published: 22/05/2019

Effective from: 27/02/2019

Decision:

4.1       The Committee considered a draft submission by the City of Westminster to the Local Government Boundary Commission for England on the council size. This submission formed part of the preliminary stage of the Commission’s Electoral Review of the City of Westminster.

 

4.2       The Manager of Legal and Electoral Services Support tabled a revised draft submission which included more detail on the rationale for reducing the number of councillors from 60 to 54. This included evidence of the increasing number of backbench councillors that are not involved in the broader governance of the council and how the interaction between councillors, stakeholders and residents had evolved since the last review approximately twenty years ago as well as a comparison of electoral population to councillors in neighbouring boroughs. 

 

4.3       The Committee agreed that the proposal to reduce the number of members from 60 to 54 was feasible but that any further reduction would have an adverse impact on council business and councillor’s work load. Members noted that since 2006 a significant number of Members had not sat on either a Policy and & Scrutiny Committee or an Audit & Performance Committee. The Committee agreed that for optimum councillor effectiveness, a significant majority of members should have a place in the Executive or the broader governance of the Council as a whole, as well as their Ward role.

 

4.4       Members discussed the current ratio of councillors per ward. It was suggested that retaining three councillors per ward was preferable. Members commented that a reduction in numbers could make it more challengeable and cause difficulties for ward councillors in particular in balancing their daily Council duties and those of their constituencies. Members commented that having an odd number of councillors in each Ward would help to alleviate the above-mentioned concerns.

 

4.5       Members supported the inclusion of information regarding the Council’s vision to create a ‘City of All’ alongside the ‘unique characteristics’ that are found within the Borough.

 

4.6       The Committee discussed Westminster’s future population projections which were set out in section 4.4 of the submission. Members requested that the Boundary Commission’s electoral and growth forecasts be removed as it was considered that the Council’s own projections, which include regional planning approvals, would be more accurate. The Committee noted that a reduction to 54 Councillors would still put Westminster City Council in the lower quartile of councillors to electors in London.   

 

4.7       The Committee also put forward a number of minor additional formatting revisions.

 

          RESOLVED:

 

1.     That the revised submission as tabled be agreed as the Council's submission to the Local Government Boundary Commission for England on Council size subject to the requested amendments as set out above.

 

2.     That the submission to the Local Government Boundary Commission for England be circulated to all members.

 

 


21/05/2019 - Fees & Charges Report    Recommendations Approved

Annual report summarising the Council's fees and charges

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: Stephen Muldoon

Notice of decision: 21/05/2019

Anticipated restriction: Open


16/05/2019 - Amendments and Clarifications to Delegations as set out in the Register of Authority of the Executive Director For Growth Planning And Housing ref: 1050    Recommendations Approved

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 16/05/2019

Effective from: 16/05/2019

Decision:

 

 

That the proposed amendments and clarifications to the register of authority of the Executive Director for Growth Planning and Housing, as set out in Appendix 1 of the report be agreed.

 

 

Confirmingthe proposed amendments to the scheme of delegation will allow

for the City Council’s Constitution to be updated to ensure consistency with

national legislation and the City Council’s current planning committee

structure. The proposed inclusion of specific delegated powers relating to the

 stopping up of the highway in connection with developments benefitting from

planning permission and the enforcement of planning and related legislation

will clarify that these powers are delegated to the Executive Director for

Growth Planning and Housing, for the avoidance of doubt.

 

Lead officer: Jane Hamilton


14/05/2019 - Westminster Community Homes - Agency Role and Funding for Renewal Areas Acquisitions ref: 1049    Recommendations Approved

Refresh the Council's agreement with Westminster Community Homes

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 14/05/2019

Effective from: 22/05/2019

Decision:

1.          That the Cabinet Member for Finance, Property and Regeneration approved the revision of the existing leaseholder engagement agency agreement for Ebury and Tollgate estates with Westminster Community Homes (WCH) to:

a.   Widen the scope of the agreement to cover all current housing renewal areas by including Church Street.

b.   Provide WCH with funding to acquire property interests in renewal areas sold without vacant possession

2.        That the Cabinet Member for Finance, :Property and Regeneration approved the funding of WCH in any existing or future acquisition of properties within renewal areas and the eight blocks in Church Street where the properties are tenanted and the tenants are protected by Assured Shorthold Tenancies.

3.        That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Executive Director of Growth, Planning and Housing to acquire any properties in renewal areas that have been negotiated by WCH and can be sold with vacant possession.

4.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Executive Director of Growth, Planning and Housing to take transfers of any properties that have been acquired by WCH under decision 2. above and are subsequently capable of being transferred with vacant possession.

5.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Executive Director of Growth, Planning and Housing to acquire any leasehold interests in the eight blocks known as Blackwater, Eden, Colne, Darent, Derry, Isis, Windrush and Mole Houses (the “Eight Blocks”) at open market value with the addition of home loss and disturbance payments to the eligible leaseholders within the blocks.

6.         That the Cabinet Member for Finance, Property and Regeneration noted that a delegated authority will follow requesting approval for the Executive Director of Growth Planning and Housing to make all-necessary arrangements to make use of any acquired Church Street properties in the short to medium term.                                                                                                         

Reasons for Decision

The approval requested in this report to appoint WCH as the leaseholder engagement agent will further facilitate the acquisition of leasehold interests across Church Street and all future Westminster City Council housing Renewal Areas.

Wards affected: (All Wards);

Lead officer: Barbara Brownlee


10/05/2019 - Treasury Management Outturn 2018/19    Recommendations Approved

Outturn report from the Treasury Management function for 2018/19.

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: Phil Triggs

Notice of decision: 10/05/2019

Anticipated restriction: Open


10/05/2019 - Outturn and Annual Accounts 2018/19    Recommendations Approved

Report summarising the Council year end outturn position for capital and revenue expenditure as per the General Fund and HRA, along with the annual statement of accounts.

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Rikin Tailor

Notice of decision: 10/05/2019

Anticipated restriction: Open


08/05/2019 - Digital Inclusion Project ref: 1048    Recommendations Approved

Ward Budget funding for Digital Inclusion Project

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 08/05/2019

Effective from: 08/05/2019

Decision:

That the expenditure of £12,000 in respect of the proposal detailed in the report be agreed.

 

Reasons for Decision

 

£12,000 will contribute towards the costs of running Age UK Westminster’s Digital Inclusion Project. The running costs of the project include the salary of the sessional worker, volunteer expenses and training costs, practical costs including publicity, space hire costs, office facility costs and project coordinator and management costs.

 

The project will consist of classroom sessions which aim to help older people become less digitally isolated, and in doing so, increase their confidence in using digital devices and accessing online resources. The sessions will be 2-hours long and held twice monthly, and each session will be allocated a topic of learning. The group learning sessions will be led by a skilled tutor followed by one-to-one sessions, where participants will be buddied with a highly skilled IT volunteer to try out what they have learned on their own device. Sessions will be held in accessible locations in Churchill and Maida Vale

 

Wards affected: Churchill; Maida Vale;

Lead officer: Sonia Sekhon


07/05/2019 - Council Tax, NNDR,Housing Benefi Overpayments and Former Client Rent Arrears - Irrecoverable Debt ref: 1047    Recommendations Approved

Quarterly Write-off report (Quarter 4)

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 07/05/2019

Effective from: 15/05/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration approved to the writing off the irrecoverable debt as shown in section 5.1 of the report.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted the amounts shown in paragraph 6.1  of the report as written-off under officer delegated authority.

 

Reasons for Decision 

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 distress proceedings.

Wards affected: (All Wards);

Lead officer: Martin Hinckley


03/05/2019 - Pay-to-Park Diesel Surcharge ref: 1046    Recommendations Approved

Proposal for the city-wide expansion of the diesel surcharge for all pre-2015 diesel vehicles paying to park in Westminster

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 03/05/2019

Effective from: 03/05/2019

Decision:

That the expansion of the diesel surcharge to all Westminster Parking Zones for pre-2015 registration diesel vehicles be approved.

That the maintenance of the 50% surcharge on the hourly pay to park rate levied, first piloted as part of the Zone F trial be approved.

That the publication of Variation Notices issued under Section 46A of the Road Traffic Regulation Act (“The 1984 Act”), in order to give effect to the recommended change above be approved.

That the exclusion at this stage of older (pre-2006) petrol vehicles in the surcharge be approved.

That to not apply the diesel surcharge to taxi and coach pay-to-park bays, market trader bays, Parking Cards (scratchcards) or Trades Permits be approved.

That to decommission all remaining Payment Terminals city-wide be approved.

That to initiate the roll out of these policies in line with the timings set out in this report.

 

Reasons for decision

 

The proposed policy will improve air quality across the city, through discouraging disproportionately polluting older diesel vehicles from making journeys into and across the city. This policy is in line with the council’s commitments to a healthier and greener city set out in City for All and Greener City Action Plan strategies.

The council signalled its commitment to the policy in its April 2018 Air Quality Manifesto, subject to a public consultation. The consultation held July – September 2018 received over 1300 responses, with clear support for expanding the diesel surcharge across the city as quickly as feasible. Support for the diesel surcharge was strongest among Westminster residents. Consultation responses have fed into recommendations 2.1, 2.2 and 2.4 of this report.

Recommendations 2.5 and 2.6 are made on the grounds of practicality and cost. These mirror decisions made with regards the original surcharge trial in Parking Zone F.

 

Wards affected: (All Wards);

Lead officer: Darren Montague


26/09/2019 - LED and Smart Lighting System ref: 1088    Recommendations Approved

Decision to allow the installation of a low energy street lighting solution with centralised management control.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 02/05/2019

Effective from: 05/10/2019

Decision:

2.1             The Cabinet Member for Environment and City Management approved the continued rollout of LED lanterns and CMS for lighting at a calculated gross cost of £6,442,000 as detailed in Section 8.1 and Appendix C, subject to the relevant IT security authorisations being gained.

 

2.2             The Cabinet Member for Environment and City Management delegated to the Executive Director of City Management and Communities the authority to make changes to the programmes agreed, subject to the proviso that the overall budget is not exceeded and that the Cabinet Member is consulted on any significant changes.

 

3.                 Reasons for Decision

3.1             The existing luminaries and CMS system employed are outdated, poorly performing and coming to end of life. The number of lantern faults in the last twelve months was 4,300, far in excess of the acceptable 98% in good working order.  The rollout of LED luminaires will bring all roads and footpaths up to current British lighting standards, reduce energy consumption by a minimum 30% and in so doing carbon output. It will also reduce lighting faults by approximately 60%-70% and will save on maintenance repair visits, all of which supports the City’s Air Quality Manifesto objectives.

 

3.2             A CMS will provide the Council full remote visibility and control of the street lighting stock.  It will allow a reduction in night scout visits and allow intelligent profiling of lighting levels throughout the hours of darkness to appropriately light the road for the given traffic volumes as set out in the British standards.

3.3             The CMS can support a future Smart Cities project through IoT (Internet of Things) sensors which can support other departments across the council.

 

Wards affected: (All Wards);

Lead officer: Philip Robson


01/05/2019 - Rating Advisory Panel 19/3/19 ref: 1045    Recommendations Approved

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/05/2019

Effective from: 01/05/2019

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 19 March 2019 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

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 of the report.

 

Lead officer: Susan Bush


29/04/2019 - Approval of Funding for the West London Zone (WLZ) Programme ref: 1044    Recommendations Approved

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 29/04/2019

Effective from: 07/05/2019

Decision:

Recommendations

1.            That the Cabinet Member for Family Services & Public Health and Cabinet Member for Finance, Property & Regeneration agreed funding of £0.150m to deliver the programme over an initial two-year period from the Children’s Services Transformation and Innovation Reserve and delegated future decisions on extensions and funding to the Executive Director of Children’s Services in conjunction with the Executive Director of Finance and Resources.

           

2.2      To review after the first two cohorts and provide an evaluation report on the achieved outputs and outcomes. A clear break clause after the two-year period would be inserted into the contract to ensure the maximum financial liability from WCC is capped at £0.150m.

 

Reasons for Decision

 

1.            The WLZ programme provided direct support for children and young people who were having difficulties at school in a number of key educational domains i.e. literacy, maths or, displaying behavioural problems leading to exclusions, warnings etc. The programme offered therapeutic and practical support to improve educational attainment mental health, attendance and behaviour. This report sought the approval of funding to deliver an outcomes-based grant agreement for a total contribution of £150K from Westminster City Council.

Wards affected: (All Wards);


24/04/2019 - 64 Victoria Street Lease ref: 1043    Recommendations Approved

Approval for the Council to enter into a commercial lease for 64 VS.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 24/04/2019

Effective from: 24/04/2019

Decision:

1.         That this report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A, Part 1, paragraph 1, in that it refers to the financial or business affairs of others (including the authority holding that information).

 

2.         That the Cabinet Member for Finance, Property and Regeneration approves the new letting of floors 1-10 of City Hall for the period and commencing rent per annum as detailed in the report and delegated authority to the Director of Corporate Finance and Property to conclude negotiations, including the legal process, in the best interest of the Council.

 

3.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Corporate Finance and Property to conclude negotiations, including the legal process, on the additional lease to the ground floor area, in the best interest of the Council.

 

Reasons for Decision 

 

The new letting of the asset will provide a long-term income stream to the General Fund.

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Philip Owen


23/04/2019 - Approval of funding for the Early Years SIB Parent Child Home Programme and approval of delivery ref: 1042    Recommendations Approved

Cabinet Member approvals sought.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 23/04/2019

Effective from: 01/05/2019

Decision:

Recommendations

1.            That the Cabinet Members agreed funding of £0.295m to deliver the Parent Child Home Programme over a 4-year service delivery period. 

 

2.            That the Cabinet Members approved an outcomes-based grant agreement approach in appointing Family Lives to deliver the Parent Child Home Programme.

Reasons for Decision

1.            The 2016 data collected at school entry - % achieving at least expected across all prime areas of learning - in Westminster was 76% compared with 78.1% for England. This figure masks huge variations across the borough, particularly in areas of deprivation. Primary Head Teachers are stating that significant numbers of children are not school ready, and this has a negative impact on the whole class cohort. This is particularly marked in social and emotional development where schools are increasingly seeing children who are not potty trained, cannot feed themselves and have had little experience of early play. The introduction of this programme will support the take up of the 2 and 3-year old childcare entitlement and work alongside this early learning opportunity.

 

2.            Speech and language is a growing area of importance with national government attention. This project will provide us with an opportunity to identify a more robust offer and effective speech and language intervention in Early Years for vulnerable families. It is also in line with a redesigned health model and part of our overall strategy of redesigning the 0-5 pathway. Working within the context of reduced grant funding, the non-cashable efficiencies because of this project will contribute towards the mitigation of these pressures. 

 

3.            The Parent Child Home Programme (PCHP) as an early learning opportunity has strong evidence of proven outcomes. This home-based intervention enhances school readiness through Early Learning Specialists building meaningful relationships with families and supporting parents in realising their role as their children’s first and most important teacher and using engaging books and stimulating toys to generate an enthusiasm for and understanding of learning through verbal interaction. Children who have completed programme are 50% more likely to measure ready for nursery, score 2.5 times higher on social-emotional skills assessments than control groups, enter school performing 10 months above their chronological age, and have 30% higher graduation rates than their peers. Studies have also shown stronger language skills compared to control groups, more pro-social competence, and reduced need for special education classes for PCHP graduates. These results have been validated by several RCTs and extensive independent evaluations.

 

4.            Having obtained Legal advice, Officers believe there are sound reasons for continuing to treat this as a grant.

5.            Outcomes based grant agreements have previously been utilised for Social Impact Bonds and can work well in delivering the project as it is a more collaborative approach than a contract.

6.            Commissioners will be instructing Legal Officers to ensure the Grant Conditions protect the Councils’ and service user’s interests, and proper use of public money.

7.            Failure to deliver to deliver the services and/or meet the Grant Conditions will result in the Grant being terminated – just as with a contract.

8.            There is only a single licensed provider (Family Lives) in England for this programme who is an established partner for Westminster City Council. Appointing Family Lives for this project would strengthen the relationship and allow for more collaborative and joint working. 

9.            Bi-Borough Children’s Services would be managing the grant awarded by Central Government (DCMS) originally awarded to the provider as the lead applicant.

10.          This project represents a pioneering and pilot approach to achieving enhanced school readiness within a particularly vulnerable population group. Although experimental approaches like this are needed to remain at the forefront of service delivery the constraints of austerity limit both the council’s appetite and ability to innovate. The introduction of outcomes-based commissioning, which could be a core part of how we redesign our 0-5 pathways, paired with social investment however shifts the risks of non-achievement of social outcomes from the council to the provider and social investor. This enables the council to undertake innovation with significantly reduced risks. Furthermore, the rigorous monitoring and evaluation framework attached to these initiatives allows the council to accurately track the efficacy of its interventions, something which was previously difficult to do. This directly enables value for money investment. The social investment toolkit employed here will be increasingly required in an environment of ever complex social problems requiring a collaborative working model both across directorates and across organisations outside local government.


15/04/2019 - Tollgate Gardens ref: 1040    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration:

1.              Noted the options available on how the 8 intermediate units are held after completion.

2.               Approved the transfer of the 8 intermediate to Westminster Community Homes.

3.               Approved the required necessary arrangements are made to complete the transfer of the units.

 

Reasons for Decision

 

Westminster Community Homes are the tried and tested option for intermediate rented product. They have the immediate capacity to let and manage the 8 intermediate tenancies and offer an attractive product enabling tenants to progress to home ownership.


15/04/2019 - Westminster Community Homes - Funding requirements for spot purchase and new build programmes in 2019/20 ref: 1039    Recommendations Approved

Cabinet Members’ approval required for funding for spot purchases and new build programmes in 2019/20.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Housing Services approved a funding contribution of £15m to be provided from the Affordable Housing Fund to Westminster Community Homes and noted that these funds will be used to provide approximately 60 homes for use as affordable housing that will be secured either through spot purchases or as a mixture of new build and spot purchases.

 

Reasons for Decision 

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

2.         It is a permitted use of the Affordable Housing Fund to finance the delivery of new affordable housing in Westminster.


12/04/2019 - Nomination and Appointment of Local Authority School Governors ref: 1038    Recommendations Approved

Decision Maker: Cabinet Member for Economic Development, Education and Skills

Decision published: 12/04/2019

Effective from: 12/04/2019

Decision:

1.       That Appendix A to the report be exempt from public disclosure by virtue of

           paragraph 1 of Schedule 12a of the Local Government Act 1972 (as amended) – Information Relating to a Particular Individual.

 

2.       That the recommendations of the Local Authority School Governor’s Advisory Panel set out in Appendix A to the report be approved.

 

 

 

 

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

 

Declaration of Interest

 

The Cabinet Member declared that he knows two of the appointees but have taken no part in this process.

Lead officer: Jackie Saddington


11/04/2019 - Outcome of Consultation on the future of Carlton Dene, Peebles House and Westmead ref: 1037    Recommendations Approved

Cabinet Member approval sought for proposals in respect of the future of Carlton Dene, Peebles House and Westmead.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 11/04/2019

Effective from: 11/04/2019

Decision:

1.            That the Cabinet Member for Finance, Property, and Regeneration and the Cabinet Member for Family Services and Public Health and the Cabinet Member for Housing Services:

 

1.1         Took into account the outcome of the statutory consultation for Carlton Dene, Westmead and Peebles House.

 

1.2         Approved the closure of both Carlton Dene and Westmead care homes, as they are no longer fit for purpose and up to modern standards.

 

1.3         Noted that no new spending commitments arise from this report.

 

1.4         Noted that the decision to close Westmead Care Home is not impacted by the SOS future requirement for the site as outlined in Section 4.5 of the report.

 

1.5         Agreed that these closures are subject to an implementation plan authorising the Director of Adult Social Care to:

 

1.5.1    Ensure a schedule is drawn up for the home closures taking into account the needs and wishes of the residents and their families.

 

1.5.2    Review the care needs of residents to ensure that their care and support needs are being met and if they lack capacity are provided in their best interests and are met in a timely and responsive manner.

 

1.5.3    Noted the on-going communication strategy with residents and stakeholders from December 2018 onwards, as set out in appendix 7 of the report.

 

1.5.4    To ensure the closure is managed in accordance with Managing Care Home Closures Good Practice Guide and management Checklist approved by the CQC.

 

1.5.6    In accordance with the wishes and views of the residents and their families, ensure that they have priority for places at the new Beachcroft development, or support them in their move to an alternative comparable care home of their choice.

 

2.            That the Cabinet Member for Housing Services agreed that following consultation under S105 of the Housing Act 1985:

 

2.1         Peebles House can be included as part of the redevelopment site for Carlton Dene, meaning that the block is demolished.

 

2.2         The tenants of Peebles House can be rehoused in line with the Council policies for housing renewal.

 

2.3         The Council can issue an Initial Demolition Notice in respect of Peebles House.

Reasons for Decisions

 

The drivers for decision making are:

 

(a)          Provide high quality residential care and increase the provision of extra care and supported living accommodation in the borough.

 

(b)          Give residents of the current care homes confidence that they can live with dignity in a safe, secure setting with the minimum disruption and consistent contemporary standards of accommodation and amenity.

 

(c)          Acknowledge and take into consideration the views of residents and in particular their families that there is complete agreement that the current homes are not fit for purpose. In particular, the shared bathroom and toilet facilities do not comply with our shared aim to ensure dignity and independence.

 

(d)          The view of the majority of residents and their families are that Beachcroft will offer a modern purpose-built care home catering for people in need of dementia care as well as better quality residential care.

 

(e)          During the consultation the residents and families were reassured that all care, support and timely planning will be available in the preparation for any move whether it be to Beachcroft or an alternative of their choice.

 

(f)           To make best use of the Council’s assets in delivery of its objectives.

 


14/03/2019 - Taza Take Away, 35A Queensway, London, W2 4QJ ref: 1033    Recommendations Approved

Decision Maker: Licensing Sub-Committee (1)

Made at meeting: 14/03/2019 - Licensing Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 14/03/2019

Decision:

 

 

 LICENSING SUB-COMMITTEE No. 1

Thursday 14th March 2019

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Barry Panto

Policy Adviser:            Kerry Simpkin

Committee Officer:      Tristan Fieldsend

Presenting Officer:      Kevin Jackaman

                                   

 

Relevant Representations:         The Licensing Authority, Environmental Health, The Metropolitan Police, three local residents, Happybadge Ltd, Councillors Margot Bright and Andrew Smith, the South East Bayswater Residents Association, the Bayswater Residents Association, the Queens Court North Residents Association and the Queensway Residents Association

 

Present: Mr Abie Shahrtash (Applicant), Mr Ivan Shahrtash (Premises Manager), Miss Yasmine Shahrtash (representing the Applicant), Mr Papa Okoh (local resident supporting the application), PC Reaz Guerra (Metropolitan Police), Mr Maxwell Koduah (Environmental Health), Ms Roxsana Haq (Licensing Authority), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the South East Bayswater Residents Association, the Bayswater Residents Association and the Queens Court North Residents Association), Mr John Zamit (South East Bayswater Residents Association, Mr Robert Jarman (Queens Court North Residents Association) and Councillor Margot Bright (Lancaster Gate Ward Councillor)

 

Taza Take Away, 35A Queensway, London, W2 4QJ (“The Premises”)

19/01149/LIPV

 

1.

Late Night Refreshment – Indoors and Outdoors

 

Current:

 

Monday to Saturday: 23:00 to 00:00

 

Proposed:

 

Monday to Sunday: 23:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee considered an application by Mr Abie Shahrtash for a variation of a premises licence in respect of Taza Take Away, 35A Queensway, London, W2 4QJ.

 

Mr Simpkin, the Council’s Licensing Policy Adviser, set out for all parties the following policies which applied to the application:

 

  • CIP1 – It was the Licensing Authority’s policy to refuse applications in Cumulative Impact Areas (CIA) for fast food premises;
  • HRS1 – Applications for hours outside of core hours will be considered on their merits, subject to other relevant policies; and
  • FFP2 - It was the Licensing Authority’s policy to refuse applications in Cumulative Impact Areas, other than applications to vary hours within core hours.

 

The Chairman confirmed that all parties had received and read the additional information submitted by the applicant.

 

Mr Shahrtash, the applicant, requested to call a local resident, Mr Papa Okoh, and his (Mr Shahrtash’s) daughter, Ms Yasmine Shahrtash, as witnesses. The Sub-Committee agreed the request following the agreement of all parties present. Mr Shahrtash’s son, Ivan, was also present and was later allowed to assist his father in giving evidence to the Licensing Sub-Committee, as he is also the manager of the premises.

 

Mr Shahrtash explained that he had applied to extend the provision of late night refreshment at the Premises by two hours to 02:00 Monday to Sunday. It was not proposed to alter how the Premises operated and it would continue to provide the same services it had done since 1988 when Mr Shahrtash had taken over the business. It predominantly operated as a Premises providing hot and cold food and drinks, with a particular focus on kebabs and fresh fruit juices. Mr Shahrtash stated that he had been granted an extension to his permitted hours for late night refreshment in 2006 to midnight but advised that due to a lack of clarity with regard to what he had been awarded the Premises was currently trading until 02:00. Mr Shahrtash recognised that he was trading to hours beyond those permitted on the licence but he advised that despite this no issues had arisen at the Premises.

 

Mr Okoh, giving evidence in support of the applicant, stated that he lived directly opposite the Premises and had been a resident in the local area for 18 years. He noted that the Premises had been trading beyond its permitted hours but the applicant was a valuable member of the local community and had provided assistance to him when dealing with the anti-social behaviour occurring in the area. Mr Okoh was of the opinion that the anti-social behaviour did not emanate from Mr Shahrtash’s establishment and instead originated from another nearby premises.

 

Mr Shahrtash drew the Sub-Committee’s attention to the conditions proposed by Environmental Health (EH) and confirmed that these would all be agreed to aside from the tables and chairs condition. EH was proposing they be removed from the outside area by 23:00. Mr Shahrtash requested that if the Sub-Committee was minded to grant the application the tables and chairs be brought inside at 02:00, when the Premises would close. By allowing them to be used to 02:00 it would encourage customers to use them and therefore deposit their rubbish in the appropriate receptacles available. Instead, if they were removed from 23:00 customers could purchase food, walk elsewhere and potentially litter on the street. The manager of the Premises would monitor the outside area and ensure no anti-social behaviour occurred. The area outside of the Premises was a private forecourt currently containing two tables and six chairs. In response to a question from the Sub-Committee Mr Shahrtash confirmed that he had submitted the application for financial reasons and it was hoped the additional hours applied for would prevent the business from closing. His rent and business rates bills were very high and he needed to operate for longer hours to pay those bills. This was not about increasing his profit.

 

Mr Ivan Shahrtash, the Manager of the Premises and son of the owner, addressed the Sub-Committee. He explained that the business had been trading in Queensway for 35 years and provided a fast food service. Mr Ivan Shahrtash advised that other premises located nearby traded to much later hours, including 04:00, providing late night refreshment. It was claimed another premises was open until 02:00 and permitted the selling of alcohol and the smoking of shisha outside. It was claimed these premises had a much larger impact on the locality than Mr Shahrtash’s Premises. In terms of the extractor fan, which it had been claimed was a source of nuisance, it extended to the top of the Premises, was cleaned twice a year and had been installed in accordance with EH’s guidance. In addition, no loud music was played at the Premises at any time. Mr Ivan Shahrtash advised that the source of anti-social behaviour in the local area originated from another nearby premises and whenever any such behaviour was observed, the Police were called immediately.

 

Ms Yasmine Shahrtash, representing the applicant, advised that a minor variation to extend the hours had initially been submitted which contained extensive details on how the applicant intended to control the outside area and ensure it did not create any disturbance in the locality. They were then informed that they had to submit a full variation application by the Council and instead of repeating all the details they just referred to the previous application. It was therefore felt that many of the representations had been submitted as not all the details had been included in the new application, due to a lack of clarity provided by the Council.

 

Ms Shahrtash explained that the Premises had been trading in Queensway for 35 years and had worked hard to ensure the safety of the local area. When instances of anti-social behaviour occurred, the Police were informed immediately. Ms Shahratsh was of the opinion however that the level of support provided by the Police had not been satisfactory and the Premises had been supplied with little support to combat any instances of anti-social behaviour. In addition, the Premises had a very small capacity with the staff working effectively to ensure they, and the customers, created minimal noise. Any queuing was managed proactively so the public highway remained clear at all times and the outside area was managed appropriately to keep it clean and tidy. No complaints regarding noise or litter had been received by the Premises despite the area being very busy and noisy.

 

The Council’s Legal Adviser explained to all parties the relevant licensing policy that related to this application. As the Premises was located within a Cumaltive Impact Area and provided fast food it was the Council’s policy to refuse these applications irrespective of any evidence provided as to how well run the premises were. The impact of a fast food premises where customers purchased food and then dispersed into the wider area was recognised as a cause for concern regardless of other premises. This was especially the case as fast food premises tended to attract customers that had been consuming alcohol. The applicant therefore had to set out why it was that their customers would not cause any problems in the locality, not just immediately outside the Premises but also within the wider area. Mr Shahtash and his son and daughter confirmed that they understood the explanation given about the policy implications.

 

Mr Shahrtash informed the Sub-Committee that the Premises did not exacerbate or encourage its customers to cause anti-social behaviour directly outside the establishment or in the wider area. The Premises did not sell alcohol and was known predominantly for its fruit juices. The staff would not sell food to any customer clearly intoxicated and this was borne out by the fact that the Premises had no history of complaints against it. Whilst the members understood why the applicant was giving this evidence, they were concerned that the applicant did not appreciate that it was the very fact that they were offering late night refreshment that would attract customers to their premises during any extended hours of opening, many of whom would have consumed alcohol. In providing late night refreshment beyond the hours permitted, the applicant was almost certainly adding to cumulative impact in the wider area despite his explanation that the Premises were well run. 

 

PC Guerra, representing the Metropolitan Police, advised that their representation was maintained as the Premises was located within a CIA and the applicant was applying for hours in excess of core hours. The Premises was currently permitted to offer late night refreshment until 00:00 but Mr Shahrtash was aware that he been trading until 02:00 in breach of his licence. PC Guerra confirmed that the Premises was not a cause for concern in terms of how the business was run and there was no record of any crimes occurring from it. The applicant was very proactive in reporting crime in the local area, which was experiencing issues around anti-social behaviour. If the Sub-Committee was minded to grant the application, several conditions were proposed. These included installing a CCTV system, keeping an incident log and employing an SIA member of staff to manage the outside area and deter any potential anti-social behaviour.

 

In response to questions from the Sub-Committee Mr Ivan Shahrtash confirmed that approximately 5 to 7 members of staff were present at the Premises whilst it was open. He was of the opinion that this was an adequate level of staffing to deal with any issues that may arise. With regards to employing an SIA Mr Ivan Shahrtash noted PC Guerra’s suggestion that an existing member of staff could be trained in conflict management as an alternative.

 

Mr Koduah, representing Environmental Health, confirmed that the Premises was very small and no public nuisance or safety complaints had been lodged against it. In terms of the ventilation system, the extraction system did extend to the top of the building and no complaints regarding smells had been submitted to the Council. Since 2006 no Temporary Event Notices had been applied for to allow the Premises to open until 02:00 and the applicant was aware by offering late night refreshment until 02:00 he would be breaching the conditions on his licence. A series of conditions were proposed to be added to the licence if the Sub-Committee was minded to grant the application and these would afford local residents more protection. The Sub-Committee was also requested to consider placing an additional condition on the licence, if it was minded to grant the application, to ensure queues forming outside the Premises were properly managed to prevent any public nuisance from occurring. The Premises was located in a CIA and Mr Koduah advised that no other licensed premises in the immediate vicinity were licensed beyond 01:00. The application was seeking to extend the Premises hours and this had the potential to alter the status quo of the area. In isolation, the application could be considered not to be of concern, however overall it could potentially cause issues as well as setting a precedent in the local area.

 

Ms Haq, representing the Licensing Authority, confirmed that their representation was maintained as the application was seeking to extend the hours for late night refreshment beyond core hours in a CIA, which was in conflict with the Council’s Statement of Licensing Policy. It was confirmed that a meeting had been held with the applicant in an attempt to help explain the Council’s policies. The Sub-Committee therefore had to determine if the application before it could be considered an exception to policy.

 

Mr Brown from the Citizens Advice Bureau Licensing Advice Project, representing the Queensway Residents Association, the South East Bayswater Residents Association and the Bayswater Residents Association, addressed the Sub-Committee. It was recognised that the Premises was a well-run operation however the Sub-Committee had to consider the policy implications of the application and the effect it would have on the CIA. Due to these implications, the Sub-Committee therefore had to find reasons why this application could be considered an exception to policy if it was minded to grant the variation. The applicant had mentioned other premises in the local area which, it was claimed, were operating to later hours but there was no record of this being the case. It was acknowledged that a couple of premises were able to provide late night refreshment until 01:00 but these were historic licences. Mr Brown emphasised that the application was contrary to the Council’s Statement of Licensing Policy and should therefore be refused accordingly.

 

Mr Jarman, representing the Queens Court North Residents Association, explained that their concerns centered on extending the provision of late night refreshment until 02:00 seven days a week. Currently, customers would leave the Premises by 02:00 but then there would be continued noise disturbance from members of staff cleaning up and closing the establishment. Mr Jarman advised that he lived close to the Premises (he faced the courtyard behind the premises rather than facing onto the street) and he had personally been disturbed from noise generated by the staff. The Sub-Committee was also advised the extractor was not functioning properly and smells generated from the Premises were a source of nuisance. If the Premises traded to its current permitted hours of 00:00 then Mr Jarman was of the opinion that this would not create any issues.

 

Mr Zamit, representing the South East Bayswater Residents Association (SEBRA), expressed support for the Council’s CIA policy. It was noted that there had been some confusion over the Premises opening hours but Mr Zamit recognised that if the Premises only sold cold food and drinks it could remain open for 24 hours. The applicant had mentioned other premises in the local area that were providing shisha and late night refreshment until the early hours of the morning but Mr Zamit was unaware of this. SEBRA were working to improve the Queensway area and it was therefore important to decide each licensing application in the area on its merits. In this instance however, Mr Zamit advised that there was no compelling reason to grant the application, which was contrary to policy and had the potential to increase cumulative impact in the CIA.

 

Councillor Margot Bright, representing the Lancaster Gate Ward, addressed the Sub-Committee and highlighted that the application was contrary to policy and likely to increase cumulative impact in the CIA.

 

Mr Shahrtash, queried the accuracy of the representations which stated there was noise created from staff clearing up and closing the Premises. Queensway was a very busy area and Mr Shahrtash was of the opinion that most of the noise generated originated from other nearby premises. The Sub-Committee was advised that most residents supported the application and often frequented the Premises. There was no history of complaints against the operation, it did not have any alcohol provision and was a very well-run business.

 

The Sub-Committee carefully considered the application and thanked all parties present for their contributions. Mr Shahrtash was commended for successfully running his business in Queensway for a significant period of time, especially taking into account the difficulties faced in operating a small business. He was passionate about his business and spoke about how it was run very well and the value that it provided to the community. He was given excellent support by his son and daughter, both of whom spoke eloquently in support of the application.

 

The Sub-Committee acknowledged however that it had to take into account the Council’s licensing policies regarding cumulative impact and fast food establishments. These were specific in stating that any application for an extension in hours for fast food premises must be refused unless it could be shown that there were exceptional circumstances as to why such an application would not add to cumulative impact. After considering all the evidence provided by all parties the Sub-Committee was unable to find any exceptional circumstances to grant the application. It was not relevant that the applicant had been operating beyond the hours permitted by the licence. Whilst Mr Shahrtash believed that he was operating without causing a problem, it was more likely that he was, perhaps unwittingly, adding to cumulative impact. In those circumstances, if he was required to operate in accordance with his licence that would actually reduce cumulative impact.

 

Mr Shahrtash was thanked for all the support he was providing the local area with regards to reporting and managing instances of anti-social behaviour which occurred locally. Potential breaches of licences in the area had also been brought to the Sub-Committee’s attention and the responsible authorities were requested to work together to ensure premises in the Queensway area were operating appropriately and within the terms of their licences. The Sub-Committee advised that whilst they were assured that the Premises was a well-run operation, the applicant was requested to remind staff members about minimising any potential noise disruption when cleaning and closing the Premises. This would hopefully ensure good relations between the Premises and local residents in the future.

 

Having regard to the Council’s Statement of Licensing Policy, the application was refused on the basis that it was a fast food establishment located in the Bayswater CIA requesting hours beyond core hours. No circumstances had been provided as to why it could be considered an exception to policy and therefore it was not only contrary to policy but also likely to add to cumulative impact in the local area. However, the applicant was reminded that the refusal of the application did not impact on his ability to serve cold drinks and food from the Premises at any time.

 

2.

Hours Premises are Open to the Public

 

Current:

 

Monday to Sunday: 10:00 to 00:00

 

 

Proposed:

 

Monday to Sunday: 10:00 to 02:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee refused the application, see the reasons for the decision in Section 1.

 

 

 

 

 

 

Wards affected: Lancaster Gate;


02/04/2019 - 6 Bark Place, London, W2 4AX ref: 1025    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Erection of two rear dormer windows.

 

Late representations were received from Councillor Andrew Smith, Ward Member (01.04.2019), Sarah Joiner (01.04.2019) and the South East Bayswater Residents’ Association (02.04.2019).

 

Sarah Joiner addressed the Sub-Committee in objecting to the application.

 

Councillor Margot Bright addressed the Sub-Committee in her capacity as a Ward Member in objecting to the application.

 

RESOLVED UNANIMOUSLY:

 

That the application be refused on the grounds of overlooking and the size and design of the two rear dormer windows.

Wards affected: Lancaster Gate;


02/04/2019 - 40-42 William IV Street, London, WC2N 4DD ref: 1026    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Use of part ground and basement floors as drinking establishment (Class A4).

 

An additional representation was received from Shaftesbury PLC (27.03.2019).

 

A late representation was received from BA Law Limited (01.04.2019).

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted.

Wards affected: St James's;


02/04/2019 - 154 Tachbrook Street, London, SW1V 2NE ref: 1027    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Erection of a two-storey rear infill extension at basement and ground floor levels; alterations to the existing railings at roof level; and installation of replacement of windows, including formation of a bay window at basement level.

 

An additional representation was received from a local resident (27.03.2019).

 

A late representation was received from John Simpson Architects (01.04.2019).

 

Emma Hynes addressed the Sub-Committee in objecting to the application.

 

RESOLVED (Councillors Devenish, Burbridge and Freeman in favour and Councillor Roca for deferral for a site visit):

 

That conditional permission be granted, subject to an additional condition requiring the bottom pane kitchen windows to be obscurely glazed and fixed shut.

Wards affected: Tachbrook;


02/04/2019 - Declarations of Interest ref: 1023    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

2.1       Councillor Tony Devenish explained that a week before the meeting, all four Members of the Committee were provided with a full set of papers including a detailed officer’s report on each application; together with bundles of every single letter or e-mail received in respect of every application, including all letters and e-mails containing objections or giving support. Members of the Committee read through everything in detail prior to the meeting.  Accordingly, if an issue or comment made by a correspondent was not specifically mentioned at this meeting in the officers’ presentation or by Members of the Committee, it did not mean that the issue had been ignored.  Members will have read about the issue and comments made by correspondents in the papers read prior to the meeting.

 

2.2       Councillor Susie Burbridge declared that in respect of item 2, the application site is in her Ward.

 


02/04/2019 - Regent Street London ref: 1028    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Display of non-illuminated suspended kinetic display measuring 45 m x 17 m above Regent Street, at junction of Glasshouse Street / Vigo Street / Regent Street for a temporary period from 14 May until 9 June 2019.

 

Application withdrawn by the applicant.

Wards affected: West End;


02/04/2019 - 49-51 Carnaby Street, London, City Of Westminster W1F 9PY ref: 1016    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

1)        Alterations to the shopfront facing Kingly Court in connection with continued use of part of the ground floor as retail (Class A1) or dual/alternative use as either a restaurant/cafe (Class A3) or drinking establishment (Class A4).

 

2)        Alterations including a new entrance door and full height extract duct in connection with the continued use of the basement as retail (Class A1) or dual/alternative use as either a restaurant/cafe (Class A3) or drinking establishment (Class A4) or night-club use / live performance venue (Sui Generis).

 

Late representations were received from The Soho Society (25.03.2019) and Shaftesbury (27.03.2019).

 

The presenting officer tabled the following decision letters:

 

Application 1:

 

 

 

1

 

The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

 

 

 

 

 

Reason:

For the avoidance of doubt and in the interests of proper planning.

 

 

 

 

2

 

Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: , o           between 08.00 and 18.00 Monday to Friday; , o          between 08.00 and 13.00 on Saturday; and , o  not at all on Sundays, bank holidays and public holidays. , , You must carry out piling, excavation and demolition work only: , o         between 08.00 and 18.00 Monday to Friday; and , o            not at all on Saturdays, Sundays, bank holidays and public holidays. , , Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)

 

 

 

 

 

Reason:

To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and  STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC),

 

 

 

 

3

 

Customers shall not be permitted within the cafe/ restaurant (Class A3), or drinking establishment (Class A4) or night club/ live performance venue (Sui Generis) before 08.00 or after 00.00 (midnight) on Sunday, before 08.00 or after 02.00 the following morning on Monday to Wednesday or before 08.00 or after 03.00 the following morning on Thursday to Saturday.

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

4

 

All servicing must take place between 07:00 and 11.00 on Monday to Saturday. Servicing includes loading and unloading goods from vehicles and putting rubbish outside the building.

 

 

 

 

 

Reason:

To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in  S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007.  (R23AC)

 

 

 

 

5

 

The uses hereby approved must be carried out in accordance with the Operational Management Plan received on 9 January 2019. You must then carry out the measures included in the management plan at all times that the premises is in uses as a restaurant/cafe (Class A3), drinking establishment (Class A4) or nightclub/live music venue (Sui Generis)

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 9 of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

 

6

 

You must not allow more than 120 customers into the property at any one time.  (C05HA)

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

 

7

 

(1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the restaurant/cafe (Class A3), drinking establishment (Class A4) or nightclub/live music venue (sui generis) uses hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest., , (2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the  use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest., , (3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:, (a) The location of most affected noise sensitive receptor location and the most affected window of it;, (b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;, (c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;, (d) The lowest existing LA90, 15 mins measurement recorded under (c) above;, (e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition;, (f)  The proposed maximum noise level to be emitted by the activity.

 

 

 

 

 

Reason:

Because existing external ambient noise levels exceed WHO Guideline Levels and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R47AB)

 

 

 

 

8

 

You must apply to us for approval of details of how waste is going to be stored on the site. You must not use the premises as either restaurant cafe' (Class A3) or drinking establishment (Class A4) or night club/ music live performance venue (Sui Generis) until we have approved what you have sent us. You must then provide the waste store in line with the approved details, and clearly mark it and make it available at all times to everyone using the restaurant cafe' (Class A3) or drinking establishment (Class A4) or night club/ music live performance venue (Sui Generis). You must not use the waste store for any other purpose.  , ,

 

 

 

 

 

Reason:

To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that we adopted in January 2007.  (R14BD)

 

 

 

9

 

(1) Where noise emitted from the proposed plant and machinery will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum., , (2) Where noise emitted from the proposed plant and machinery will contain tones or will be intermittent, the 'A' weighted sound pressure level from the plant and machinery (including non-emergency auxiliary plant and generators) hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the proposed hours of operation. The plant-specific noise level should be expressed as LAeqTm, and shall be representative of the plant operating at its maximum., , (3) Following installation of the plant and equipment, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report confirming previous details and subsequent measurement data of the installed plant, including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:, (a) A schedule of all plant and equipment that formed part of this application;, (b) Locations of the plant and machinery and associated: ducting; attenuation and damping equipment;, (c) Manufacturer specifications of sound emissions in octave or third octave detail;, (d) The location of most affected noise sensitive receptor location and the most affected window of it;, (e) Distances between plant & equipment and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;, (f) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (d) above (or a suitable representative position), at times when background noise is at its lowest during hours when the plant and equipment will operate. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;, (g) The lowest existing L A90, 15 mins measurement recorded under (f) above;, (h) Measurement evidence and any calculations demonstrating that plant and equipment complies with the planning condition;, (i) The proposed maximum noise level to be emitted by the plant and equipment.

 

 

 

 

 

Reason:

Because existing external ambient noise levels exceed WHO Guideline Levels, and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007, so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels.  Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R46AB)

 

 

 

10

 

In the event the cafe/ restaurant use (Class A3), or drinking establishment (Class A4) are implemented, you must install the high level duct as shown on the approved drawings before the uses can operate. Thereafter the duct must be maintained in situ for as long as the cafe/restaurant or drinking establishment remains in operation.

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and DES 5 of our Unitary Development Plan that we adopted in January 2007.  (R14AC)

 

 

 

 

11

 

No vibration shall be transmitted to adjoining or other premises and structures through the building structure and fabric of this development as to cause a vibration dose value of greater than 0.4m/s (1.75) 16 hour day-time nor 0.26 m/s (1.75) 8 hour night-time as defined by BS 6472 (2008) in any part of a residential and other noise sensitive property.

 

 

 

 

 

Reason:

As set out in ENV6 (2) and (6) of our Unitary Development Plan that we adopted in January 2007, to ensure that the development is designed to prevent structural transmission of noise or vibration. (R48AA)

 

 

 

12

 

You must play play live or recorded music on the premises that is audible outside the premises.

 

 

 

 

 

Reason:

We cannot grant planning permission for unrestricted use in this case because it would not meet TACE 10 of our Unitary Development Plan that we adopted in January 2007.  (R05AB)

 

 

 

 

13

 

All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission.  (C26AA)

 

 

 

 

 

Reason:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Soho Conservation Area.  This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and  DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007.  (R26BE)

 

 

 

14

 

The extract duct hereby approved as shown on drawing No 3195_081 shall be treated to match the adjacent building materials.

 

 

 

 

 

Reason:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Soho Conservation Area.  This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and  DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007.  (R26BE)

 

 

 

Informatives:

 

 

1

 

In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.

 

 

 

2

 

Please contact our Environmental Health Service (020 7641 2971) to register your food business and to make sure that all ventilation and other equipment will meet our standards. Under environmental health law we may ask you to carry out other work if your business causes noise, smells or other types of nuisance.  (I06AA)

 

 

 

3

 

Please contact our Environmental Health Service (020 7641 2000) to make sure you meet their requirements under the Control of Pollution Act 1974 and the Environmental Protection Act 1990.  (I07AA)

 

 

 

4

 

Please contact our Cleansing section on 020 7641 7962 about your arrangements for storing and collecting waste.  (I08AA)

 

 

 

5

 

You must make sure that any other activities taking place in the class A3 (restaurant or café) premises, such as small amounts of takeaway sales or small bar areas, are so minor that they do not alter the main use as a restaurant or café. If the scale of one or more of these extra activities is more substantial than this, it is likely that a material (significant) change of use (from class A3 to a mix of uses) will have taken place, which will need a new planning permission.  (I61BA)

 

 

 

6

 

It is a legal requirement to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air. Where this ventilation is provided by mechanical means the regulations require those mechanical ventilation systems to be maintained (including appropriate cleaning) in efficient working order. , B&ES Guide to Good Practice - TR19 Internal Cleanliness of Ventilation systems is a guidance document which can be used for new build, upgrade and maintenance of ventilation systems. Particular attention should be given to; , Section 2  -  New ductwork system cleanliness , Section 3  - Design and access to the internal surfaces of the ventilation system , Section 7  - Specific considerations for kitchen extract systems. (This section deals specifically with access to the internal surfaces to the kitchen extract system, cleaning methods and frequency of cleaning). , Where access hatches or panels are required in order to meet the above requirements, these must be incorporated into the design of the ducting and any associated screening or cladding.

 

 

 

7

 

Under Part 3, Class V of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, the part ground floor and basement floors can change between the cafe/restaurant (Class A3), drinking establishment (Class A4),night club / live performance venue ( Sui Generis)  uses we have approved for 10 years without further planning permission. However, the actual use 10 years after the date of this permission will become the authorised use, so you will then need to apply for permission for any further change.  (I62A)

 

 

 

8

 

One or more of the uses we have approved are referred to as being 'sui generis'. This means that the use or uses are not in any particular class. Any future plans to materially (significantly) change the use that we have approved will need planning permission.  (I78AA)

 

 

 

9

 

Conditions 9 and 11 control noise from the approved machinery. It is very important that you meet the conditions and we may take legal action if you do not. You should make sure that the machinery is properly maintained and serviced regularly.  (I82AA)

 

 

 

Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website.

 

Application 2:

 

 

1

 

The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

 

 

 

 

 

Reason:

For the avoidance of doubt and in the interests of proper planning.

 

 

 

 

2

 

Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: , o           between 08.00 and 18.00 Monday to Friday; , o          between 08.00 and 13.00 on Saturday; and , o  not at all on Sundays, bank holidays and public holidays. , , You must carry out piling, excavation and demolition work only: , o         between 08.00 and 18.00 Monday to Friday; and , o            not at all on Saturdays, Sundays, bank holidays and public holidays. , , Noisy work must not take place outside these hours unless otherwise agreed through a Control of Pollution Act 1974 section 61 prior consent in special circumstances (for example, to meet police traffic restrictions, in an emergency or in the interests of public safety). (C11AB)

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and DES 5 of our Unitary Development Plan that we adopted in January 2007.  (R14AC)

 

 

 

 

3

 

Customers shall not be permitted within the cafe'/ restaurant (Class A3) or drinking establishment (Class A4) premises before 08.00 or after midnight on Monday to Thursday and between midnight and after 00.30 the following Saturday to Sunday mornings, and before 08.00 or after 23.00 on Sundays and Bank Holidays.

 

 

 

 

 

Reason:

To protect the environment of residents and the area generally as set out in S29 of Westminster's City Plan (November 2016) and  STRA 25, TRANS 23, ENV 5 and ENV 6 of our Unitary Development Plan that we adopted in January 2007. (R11AC),

 

 

 

 

4

 

All servicing must take place between 07:00 and 11.00 on Monday to Saturday. Servicing includes loading and unloading goods from vehicles and putting rubbish outside the building.

 

 

 

 

 

Reason:

To avoid blocking the surrounding streets and to protect the environment of people in neighbouring properties as set out in  S42 of Westminster's City Plan (November 2016) and STRA 25, TRANS 20 and TRANS 21 of our Unitary Development Plan that we adopted in January 2007.  (R23AC)

 

 

 

5

 

All cooking and reheating equipment must be operated by electricity only with no equipment utilising combustible fuels (e.g. gas, coal, wood etc.).

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 9 of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

6

 

Before the use is commenced you are required to submit a supplementary report for our approval. You must thereafter maintain the recirculation plant and equipment as approved. The supplementary report must include:, , (a) A schedule of all plant and equipment installed in association with the re-circulation system., (b) Details of monitoring devices interlocked with the electric cooking equipment, such that cooking is only enabled when all parts of the system are operating., (c) In the working environment the breakout noise not exceeding 55 dB (A) in the kitchen., (d) Details of the whole ventilation scheme in the kitchen that maintains an ambient temperature of not more than 25 centigrade whilst cookline equipment is operating., (e) Details of service / filter replacement and maintenance arrangements.

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and  of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

7

 

The re- circulation cooking system hereby approved must have no external discharge

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and DES 5 of our Unitary Development Plan that we adopted in January 2007.  (R14AC)

 

 

 

8

 

You must apply to us for approval of details of how waste is going to be stored on the site. You must not use the premises as either cafe'/ restaurant (Class A3) or drinking establishment (Class A4) until we have approved what you have sent us. You must then provide the waste store in line with the approved details, and clearly mark it and make it available at all times to everyone using the cafe'/ restaurant (Class A3) or drinking establishment (Class A4). You must not use the waste store for any other purpose.  , ,

 

 

 

 

 

Reason:

To protect the environment of people in neighbouring properties as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6, ENV 7 and TACE 10 of our Unitary Development Plan that we adopted in January 2007.  (R12AC)

 

 

 

9

 

The uses hereby approved must be carried out in accordance with the Operational Management Plan received on 9 January 2019. You must then carry out the measures included in the management plan at all times that the premises is in use as a cafe/restaurant (Class A3),or drinking establishment (Class A4).

 

 

 

 

 

Reason:

To protect the environment and provide suitable storage for waste as set out in S44 of Westminster's City Plan (November 2016) and ENV 12 of our Unitary Development Plan that we adopted in January 2007.  (R14BD)

 

 

 

10

 

(1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the restaurant/cafe (Class A3), drinking establishment (Class A4) or nightclub/live music venue (sui generis) uses hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest., , (2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the  use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest., , (3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:, (a) The location of most affected noise sensitive receptor location and the most affected window of it;, (b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;, (c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;, (d) The lowest existing LA90, 15 mins measurement recorded under (c) above;, (e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition;, (f)  The proposed maximum noise level to be emitted by the activity.

 

 

 

 

 

Reason:

Because existing external ambient noise levels exceed WHO Guideline Levels and as set out in ENV 6 (1), (6) and (8) and ENV 7 (A)(1) of our Unitary Development Plan that we adopted in January 2007 (UDP), so that the noise environment of people in noise sensitive properties is protected, including the intrusiveness of tonal and impulsive sounds; and as set out in S32 of Westminster's City Plan (November 2016), by contributing to reducing excessive ambient noise levels. Part (3) is included so that applicants may ask subsequently for a fixed maximum noise level to be approved in case ambient noise levels reduce at any time after implementation of the planning permission. (R47AB)

 

 

 

 

11

 

All new work to the outside of the building must match existing original work in terms of the choice of materials, method of construction and finished appearance. This applies unless differences are shown on the drawings we have approved or are required by conditions to this permission.  (C26AA)

 

 

 

 

 

Reason:

To make sure that the appearance of the building is suitable and that it contributes to the character and appearance of this part of the Soho Conservation Area.  This is as set out in S25 and S28 of Westminster's City Plan (November 2016) and  DES 1 and DES 5 or DES 6 or both and paras 10.108 to 10.128 of our Unitary Development Plan that we adopted in January 2007.  (R26BE)

 

 

 

Informatives:

 

 

1

 

In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in Westminster's City Plan (November 2016), Unitary Development Plan, neighbourhood plan (where relevant), supplementary planning documents, planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.

 

 

 

2

 

Please contact our Environmental Health Service (020 7641 2971) to register your food business and to make sure that all ventilation and other equipment will meet our standards. Under environmental health law we may ask you to carry out other work if your business causes noise, smells or other types of nuisance.  (I06AA)

 

 

 

3

 

Please contact our Environmental Health Service (020 7641 2000) to make sure you meet their requirements under the Control of Pollution Act 1974 and the Environmental Protection Act 1990.  (I07AA)

 

 

 

4

 

Please contact our Cleansing section on 020 7641 7962 about your arrangements for storing and collecting waste.  (I08AA)

 

 

 

5

 

Under Part 3, Class V of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, the rear ground floor can change between the retail ( Class A1), cafe'/ restaurant (Class A3), or drinking establishment ( Class A4)uses we have approved for 10 years without further planning permission. However, the actual use 10 years after the date of this permission will become the authorised use, so you will then need to apply for permission for any further change.  (I62A)

 

 

 

Please note: the full text for informatives can be found in the Council’s Conditions, Reasons & Policies handbook, copies of which can be found in the Committee Room whilst the meeting is in progress, and on the Council’s website

 

RESOLVED UNANIMOUSLY:

 

1.            Application 1: That conditional permission be granted, subject to the decision letter as set out above.

 

2.            Application 2: That conditional permission be granted, subject to the decision letter as set out above.

Wards affected: West End;


02/04/2019 - 50 Eastbourne Terrace, London, W2 6LG ref: 1024    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 02/04/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Variation of Condition 1 of planning permission dated 15 November 2016 (RN: 16/07359/FULL) for demolition of existing buildings and redevelopment of the site to provide a 6 storey (plus existing lower ground floor) 'L' shaped building, including terraces, a plant room, a green roof and solar panels at roof level to comprise 2 x A1 (retail shops) units and 1 x flexible A1 (retail shop) / A2 (financial and professional services) / A3 (cafe and restaurant) unit at ground floor level and B1 (office) floor space at part ground and all upper stories, erection of 7 residential townhouses, incorporating concealed roof terraces and landscaped areas to the front on Chilworth Mews. AMENDMENTS NAMELY, to provide an additional floor of Class B1 office accommodation beyond the approved; alterations to the proposed massing, terraces, green roof, solar panels and external facades; minor internal reconfiguration of the proposed retail (A1/A2/A3) and office (B1) floorplates including ancillary spaces.

 

Late representations were received from the South East Bayswater Residents’ Association (26.03.2019, 01.04.2019, and 02.04.2019), Gerald Eve (28.03.2019 and 02.04.2019), two local residents (31.03.2019, 31.03.2019 and 01.04.2019) and Kanda Consulting (11.03.2019, 26.03.2019 and 31.03.2019).

 

The presenting officer tabled the following amendment to condition 28:

 

Amended Condition 28

 

The design and structure of the development shall be of such a standard that it will protect residents within it from existing external noise so that they are not exposed to levels indoors of more than 35 dB LAeq 16 hrs daytime and of more than 30 dB LAeq 8 hrs in bedrooms at night.

 

Mark Younger addressed the Sub-Committee in support of the application.

 

RESOLVED UNANIMOUSLY:

 

1.            That conditional permission be granted, subject to an amendment to condition 28 as set out above, an additional condition preventing the use of the retail floorspace by a supermarket and to a Deed of Variation of the original Section 106 legal agreement dated 2 January 2019 to secure the following planning obligations:

 

a)            Obligations set out in the original legal agreement:

 

i)             Provision of car parking on an unallocated basis.

 

ii)            ii) Highways works surrounding the site necessary for the development to occur, including vehicle crossovers, changes to on-street restrictions and footway repaving.

 

iii)           Employment and Training Strategy for the construction and operational phases of the development.

 

iv)           Crossrail planning obligation

 

b)        Additional obligations:

 

i)             A financial contribution of £200,437 to the Affordable Housing Fund to offset shortfall in residential floor space on the site.

ii)            A financial contribution of £22,515 to the Carbon Off-Set Fund to offset the shortfall in onsite carbon reduction.

 

2.         That if the Deed of Variation has not been completed within 3 months from the date of the Committee's resolution then:

 

a)    The Executive Director for Growth Planning and Housing shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Executive Director for Growth Planning and Housing is authorised to determine and issue such a decision under Delegated Powers; however, if not

 

b) The Executive Director for Growth Planning and Housing shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Executive Director for Growth Planning and Housing is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

Wards affected: Hyde Park;


08/04/2019 - Council Tax, NNDR, Housing Benefit Overpayments and Former Client Rent Arrears - Irrecoverable Debt ref: 1031    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 16/04/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration approved the writing off the irrecoverable debt as shown at paragraphs 5.1 and 6.1 of the report.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted the amounts shown in paragraph 7.1 and 8.1 of the report as written-off under officer-delegated authority.

 

Reasons for Decision

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 distress proceedings.

 


08/04/2019 - Revision of the Council's NNDR Discretionary Relief Guidelines in respect of the Local Discretionary Business Rate Revaluation Relief scheme for 2019/20. ref: 1032    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 08/04/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration approved the revised National Non-Domestic Rates Discretionary Relief guidelines as shown at Appendix A of the report.

Reasons for Decision 

The proposed guidelines at Appendix A will, by providing criteria to be considered when making decisions, assist with robust and consistent decision-making.

 


26/03/2019 - PART B (CONFIDENTIAL) ref: 1017    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 26/03/2019 - Planning Applications Sub-Committee (3)

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

The Chair moved and it was

 

RESOLVED:

 

That under Section 100 (A) (4) and Part 1 of Schedule 12A to the Local Government Act 1972 (as amended), the public and press be excluded from the meeting for the following item of business because it relates to a claim to legal professional privilege which could be maintained in legal proceedings and it is considered that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.


26/03/2019 - Election of Chair ref: 1015    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 26/03/2019 - Planning Applications Sub-Committee (3)

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

1.1       Councillor Rigby was nominated and elected to chair the meeting.

 


26/03/2019 - Membership ref: 1014    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 26/03/2019 - Planning Applications Sub-Committee (3)

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

 

2.1       It was noted that Councillor Rigby substituted for Councillor Melvyn Caplan

 

2.2       There were no further changes to the Membership

 

2.3       Councillor Geoff Barraclough arrived at 6.40pm


04/04/2019 - Little Venice Towers, Warwick and Brindley Estate - Cladding Removal and Replacement ref: 1030    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

(i)           Approved the decision to change the design proposals from the previously agreed strategy of the Alucobond A2 Aluminium Composite Material Panel (with mineral wool insulation) to an external wall render system (EWI)

 

(ii)        Approved the decision to place an order under the Council’s Term Partnering contract with Axis (Europe) Plc for the cladding works at a value in the region of £3.8million. 

(iii)       Noted the positive outcome of resident consultation on the proposed system change set out at paragraph 9 below.

 

Reasons for Decisions 

 

The new system proposed is completely non-combustible (Class A1) and not classed as a ‘cladding system’ therefore will not be subject to ongoing testing criteria, reviews and public scrutiny or queries associated with such systems. Furthermore, the new system is potentially cheaper, has a longer life-expectancy and could offer increased thermal comfort for residents.

 

Wards affected: Westbourne;


04/04/2019 - Glastonbury House and Glarus Court - Approval for Installation of Sprinkler System ref: 1029    Recommendations Approved

Approval for the decision to install a sprinkler system at Glastonbury House (consisting 162 units) at a budgeted cost of £1.62million. Installation will be carried out by the major works term partnering contractor – United Living

Approval for the decision to commence communications with residents and to work up proposals for the installation a sprinkler system at Glarus Court (consisting 20 units). Installation will be carried out by the major works term partnering contractor – United Living. Budget costs for this installation are £200k.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

(i)            Approved the decision to install a sprinkler system at Glastonbury House (consisting 162 units) at a budgeted cost of £1.62m and noted that installation will be carried out by the major works term partnering contractor, United Living.

 

(ii)           Approved the decision to commence communications with residents and to work up proposals for the installation of a sprinkler system at Glarus Court (consisting 20 units and noted that installation will be carried out by the major works term partnering contractor, United Living, and that the budgeted costs for this installation is £0.200m.

 

Reasons for Decisions 

 

1.         There were two blocks identified as having a higher fire risk, principally as they provide sheltered accommodation for older people.  The risk is heightened because there are a number of residents unable to self-evacuate, and there are potentially additional evacuation issues associated with the presence of scooters.  One block is classed as being an “extra care unit” (Glarus Court) - the subject of this report, and the other being a high risk residential building (HRRB) - Glastonbury House.

 

2.         A commitment was made by Westminster City Council (WCC) to retrospectively install sprinkler systems to all high-rise blocks over 30 metres.  Following this decision, CityWest Homes (CWH) have reviewed the implications to undertake such a task and look at certain other high-risk blocks even if below 30 metres.  A report into the initial findings was issued to the policy and scrutiny sprinkler task force.  Recommendations from the task force that relate specifically to Glarus Court were as follows:

 

3.         Install sprinklers in all properties regardless of tenure, seeking to recover costs from post-1987 lessees only. It is noteworthy that there are no leaseholders within the proposed blocks.

 

4.         Installation of ‘boxed in’ plastic pipework with concealed sprinkler heads.

 

5.         Prioritise sheltered housing over tall buildings and establish budget for doing so within the Housing Revenue Account business plan.

 

6.         Glarus Court was considered alongside Glastonbury House in February 2018, concluding that sprinklers should be explored in more detail.  However, pursuing the wider sprinkler roll-out is complex and so this report recommends that the works to these two CSH blocks be removed from the city-wide sprinkler project and prioritised.  The reasons are set out within this report to outline that they are considered higher risk than many blocks, and also have no leaseholders, which is the complexity for many of the high-rise blocks over 30 metres.

 

Wards affected: Church Street; Churchill;

Lead officer: Jonathan Cooper


26/03/2019 - Award of Contract for the provision of Facilities Management Services ref: 1022    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 26/03/2019

Effective from: 03/04/2019

Decision:

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

 

2.         That the Cabinet Member for Finance, Property and Regeneration approved the appointment of the preferred bidder on a 5 year contract with the option to extend by a further two successive 2 year periods (subject to further approvals in accordance with the Councils Procurement Code) for the provision of Facilities Management services to the Council’s corporate estate.  

3.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Investment and Estates and the Director of Law to conclude contract negotiations and implement the new contract.

Reasons for Decision 

The approval enables the Council to provide Facilities Management services across its corporate estate.


25/03/2019 - Walden House Rehousing Offer ref: 1021    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 25/03/2019

Effective from: 02/04/2019

Decision:

That with regard to the Rehousing Offer to Walden House secure council tenants, the Cabinet Member for Housing Services agreed that:

 

(a)          The same number of points set to non-renewal decant applicants (450 points) be awarded as set out in section 5 of the report and that Households remaining in occupation in the period prior to the lease end date will be made one direct offer of alternative accommodation.

 

(b)          Each secure tenant/ joint tenant be offered a single payment of £6,300, as a gesture of goodwill for their disturbance when moving as set out in section 6 of the report.

 

(c)          The Downsizing Cash Incentive Scheme and awarding of additional downsizing points be not included in the rehousing offer as set out in section 7 of the report.

 

(d)          Secure tenants be offered housing meeting their assessed bedroom need as set out in section 8 of the report.

 

(e)          Households identified as overcrowded be offered housing meeting the assessed bedroom need based on the approach used in the Policy for Tenants in Housing Renewal Areas as set out in section 9 of the report.

 

(f)           Any rights or special provision to return to a Council estate, area or neighbourhood that is being or has been redeveloped be not granted and confirmed that the Council may at its absolute discretion offer as a priority option in a local lettings scheme at a later date if it deems it practicable, but offer no guarantees it will do so, as set out in section 10 of the report.   

 

Reasons for Decision

 

Awarding a rehousing offer to Walden House secure tenants as a bespoke package, which combines elements from both the Council’s Housing Allocation Scheme and the Policy for Tenants in Housing Renewal Areas would enable the Council to make every effort to ensure the offer is as generous as possible, whilst still remaining fair and in line the Council’s housing renewal strategy and serving the Council’s best interests.

 

 


22/03/2019 - Discretionary Housing Payment Review Advisory Panel: (12.03.2019) Determination of Discretionary Housing Payment Review Applications ref: 1020    Recommendations Approved

Cabinet Member approval sought for recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/03/2019

Effective from: 22/03/2019

Decision:

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

           

2.         That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 12 March 2019.

 

Reasons for Decision 

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


22/03/2019 - Request for approval for Various Prevention Supported Housing Contracts: Direct award contract extensions and future procurement strategy ref: 1019    Recommendations Approved

Cabinet Member approval sought for contract extensions.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 22/03/2019

Effective from: 30/03/2019

Decision:

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

 

2.         That the Cabinet Member for Housing Services approved a waiver of the Procurement Code to permit the direct award of interim contracts for the contracts listed in Appendix 1 of the report, for the total sum detailed in the report for the period 1st April 2018 to 31st March 2021 and noted that this will allow for a programme to be developed and implemented for the re-procurement of these services over the next two years.

 

Reasons for Decision 

1.            Regulation 72 (1) of the Public Contract Regulations 2015 require that for any variation clauses to be lawful they must be couched in ‘clear, precise and unequivocal’ terms, that state the scope and nature of possible modifications. The ‘review clauses’ in many of the existing contracts that enable the contracts to be rolled on without limit would therefore not be considered lawful. The contracts must be put onto a compliant contractual footing with clear start/expiry dates and provisions to extend that do not continue indefinitely.

2.            The current ‘expiry date’ for these services as set out in Appendix 1 of the report varies; many are 31st March 2019 and further extensions to the contracts are therefore sought to maintain continuity of service whilst a re-procurement programme is developed in order to achieve full compliance.

3.            At present, all the contracts are closely monitored and, as recorded in capitalesourcing, are considered to meet the Contract Managers’ expectations.


19/03/2019 - Ebury Bridge Estate Renewal ref: 1013    Recommendations Approved

Officer Report

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

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).

 

2.            That the Cabinet Member for Finance, Property and Regeneration:

(i)            Noted the increasing uncertainty in the London housing for sale market as evidenced by the strong feedback from the market sounding sessions for Ebury Bridge;

(ii)          Approved the revised regeneration tenure mix proposals for Ebury Bridge estate, involving greater emphasis on rental housing and noting that this proposal supports the Council’s desire to retain long-term ownership of the estate and create a wide range of housing opportunities for all households.

(iii)         Approved the planning application approval approach and construction phasing approach for the regeneration of Ebury.

(iv)         Approved the development of Ebury Phase 1 being delivered by the Council and funded though the HRA, and General Fund in respect of Westminster Housing Investments Limited (WHIL);

(v)          Approved an additional budget allocation in the Housing Revenue Account (HRA) of £24.24m over and above the provision within the 2019/20 HRA Business Plan to finance the Phase 1 changes set out in this report and notes that the General Fund’s existing allocation to WHIL is sufficient for Phase 1;

(vi)         Approved the changes to the  Outline Business Case (OBC), as approved in July 2018, as set out in Appendix A,

(vii)        Approved the appointment of the Arup Group to undertake and deliver the design development work required to deliver our overall planning strategy for Ebury and to support the delivery of Phase 1 directly by the Council.

(viii)       Approved the procurement of a Demolition Contractor and a Design and Build contractor to both enable and deliver Phase 1 construction works on behalf of the Council;

(ix)         Noted that further work is being undertaken to develop the proposal for delivery of Ebury Phase 2 and an appropriate selection and procurement of a partner to support the Council in the delivery of this phase.

Reasons for Decision

 

1.            The Ebury Bridge Estate is one of the five priority estates identified in the Council’s Housing Renewal Strategy (2010) as needing significant improvement and investment.  In line with the Council’s City for All objectives, 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.  Good progress has been made to date in enabling the scheme and the proposals in this report will maintain that momentum and commence delivery of the Council’s promises to the existing community.

 

2.            This proposal will help meet the Council’s objectives for the regeneration which include:-

1)     The regeneration should be a Council led,

2)     The Council should retain long term ownership of the estate,

3)     The regeneration should produce a range of tenures or ladder of opportunity for people on different incomes to live and work in central London,

4)     Delivering the regeneration in a sensitive and inclusive way, setting a standard for quality and place making for this important Westminster neighbourhood.

3.            The market sounding exercise has confirmed the preferred delivery route set out in the 25th October Cabinet report for a Council led hybrid delivery model, which now includes more rental housing.

 

4.            The early delivery of Phase 1 by the Council will support the delivery of the Council’s affordable housing target to deliver 1,850 homes by the end of 2022/23.

Wards affected: Churchill;

Lead officer: David Thompson


19/03/2019 - Traffic Management Orders on Housing Estate Land ref: 1012    Recommendations Approved

Seeking approval to implement Traffic Management Orders on Westminster City Council housing estate land to enable effective parking controls and enforcement of non-compliance.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

1.            That the Cabinet Member for Housing Services and the Cabinet Member for Environment and City Management (“the Cabinet Members”) jointly agreed to proceed to statutory consultation on the proposed implementation of Traffic Management Orders to control parking on Council owned housing estate land.   

 

2.         That, subject to the consideration of any representations received during the statutory consultation, the Cabinet Members jointly agreed to proceed to implement Traffic Management Orders on Council owned estate land, and that the parking enforcement regime operates in accordance with the Memorandum of Understanding to be signed by the Executive Directors for Growth, Planning and Housing and City Management and Communities (See draft at Appendix B).

 

2.3       That, subject to statutory consultation, the Cabinet Member for Environment and City Management agreed to set the charges for the Parking Permits that will apply on Council owned housing estate land, in consultation with the Cabinet Member for Housing. 

 

2.4       That the Cabinet Member for Finance, Property and Regeneration approved the use of the Central Contingency within the Housing Revenue Account and general fund capital budgets at an estimated value of £2m for the capital work (signage and road markings) necessary for the delivery of this project. 

 

Reasons for Decision 

To ensure that unauthorised parking can be effectively controlled on housing estate land so that;

 

·                    Vehicles are prevented from obstructing access for emergency services or service vehicles, and those that do are dealt with swiftly and effectively;

 

·                    Those residents, visitors and tradespersons who are legitimately permitted to park on estate land are not deprived of places to park by unauthorised vehicles.

 

Wards affected: (All Wards);

Lead officer: Darren Montague


21/03/2019 - Baker Street Two Way Dorset Square coach stop petition ref: 1018    Recommendations Approved

Cabinet Member report in response to a petition submitted to Full Council on 23 January 2019

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 21/03/2019

Decision:

Recommendations

 

1         That Cabinet Member noted the receipt of the petition.

 

2         That Cabinet Member noted that responses have been provided to the issues raised in this petition and that the current position is that with regard to the location of the stop, this will not be considered further until the completion of the scheme and monitoring has taken place. The situation can then be reviewed again at this time. With regard to the issues around coach and behaviours of passengers, officers will continue to work with TfL to address some of these concerns.

 

Reasons

 

           Responses to the issues raised in this petition have been provided. WCC and TfL continue to work with the residents to resolve concerns around coach operation and associated behaviour.

 

Wards affected: Bryanston and Dorset Square;

Lead officer: Anju Banga


18/03/2019 - Report and recommendations of the Independent Libraries Advisory Board to Westminster City Council".    Recommendations Approved

Decision Maker: Cabinet

Decision due date: 08/04/2019

Lead officer: Mike Clarke

Notice of decision: 18/03/2019


12/03/2019 - Election of Chair ref: 1011    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 12/03/2019 - Planning Applications Sub-Committee (1)

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

1.1       Councillor Barnes was nominated and elected to chair the meeting.


12/03/2019 - Award of Services Contract ref: 1010    Recommendations Approved

Award of 10 year contract for grounds maintenance; cleaning and concierge services in respect of Housing Revenue Account and and buildings.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

2.         That the Cabinet Member for Housing Services approved the contract awards for the period 1 April 2019 to 31 March 2029.to the preferred bidders for Lots 1, 2 and 3 respectively for the costs as detailed in the report.

 

Reasons for Decision 

 

1.         To ensure the continued provision of the following core services to Westminster’s tenants and lessees.

2.         Cleaning and grounds maintenance services are required to maintain the condition of the council’s housing stock and are essential for the health and safety of residents, staff and visitors and as required by lease and tenancy conditions, and to discharge the council’s relevant legal obligations as a landlord.

3.         Concierge services are required for the preservation of security in high rise, multiple dwelling blocks as requested and voted upon by residents where they are in operation, in accordance with Council policy. Security services are required to control access to the Brunel, Mozart and Avenue Garden estates during the Carnival weekend, and year round ‘gate locking services’ to secure play areas at the end of each day Both services are required to prevent exposure to anti-social behaviour and damage.

Wards affected: (All Wards);

Lead officer: Jonathan Cowie


12/03/2019 - Insurance Contracts Award 2019-2024 ref: 1009    Recommendations Approved

Proposed contract awards for sovereign insurance contracts for Leaseholder, Property, Combined Liability and Directors' & Officers' Liability for contract commencement dates of 1st April 2019

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

1.            That Part B 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.            That the Cabinet Member for Finance, Property and Regeneration approved contract awards for the following insurance services for a period of 5 years:

 

·         Leaseholder buildings insurance – Avid Insurance Services Limited - £2.497m per annum

 

·         Property insurance – Protector Insurance - £0.459m per annum

 

·         Combined Liability insurance – Protector Insurance - £0.387m per annum

 

·         Directors’ & Officer’s Liability insurance – No Award

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted that:

 

·         The annual value from the award of these contracts is £3.343m which, over 5 years, equates to £16.715m

 

·         The contracts are subject to annual review of Council’s insurance needs, based on changes in assets, indexation of sums insured, salary spend and alterations to Council services and therefore the actual premium cost each financial year will vary although changes in underlying premium rates will constitute a contract break by the insurers

 

·         The Council’s Procurement Assurance Board has been consulted and supports the recommendation to the Cabinet Member for the awards as set out in 2 above.

 

Reasons for Decision

 

1.            In respect of the award of leasehold buildings insurance the Council needs to award a contract of insurance to comply with the Council’s legal obligations under the leasehold agreement entered into at the time of sale of the lease to the leaseholders the covenant to insure their asset and ensure the relevant portion of the Councils freehold is insured.

 

2.            In respect of the award of Property insurance this is to provide funds to reinstate Council assets following damage by insured perils, in the absence of which the financial costs of re-instatement would place considerable or impossible financial demands upon the Council.

 

3.            In respect of the award of Combined Liability Insurance this is to indemnify the Council against legal costs and damages arising from legal claims against the Council in Negligence, Nuisance, Libel and Slander. The absence of which would place considerable or impossible financial demands upon the Council.

 

4.            In the absence of suitable bids via the Office Journal of the European Union (OJEU) process for Directors and Officers insurance cover will continue on an annual basis via the Lloyds Insurance Market accessed by JLT Speciality Ltd, the Councils insurance brokers and advisors.

 

5.            The recommendation for contract award follows a robust procurement process, carried out in accordance with the Council’s Contract Regulations and Public Contract Regulations 2015 in an OJEU compliant process and on the most economically advantageous tender bid.

Wards affected: (All Wards);

Lead officer: Neil Walker


12/03/2019 - Addendum to 'Annual Review of Housing Revenue Account (HRA) Rent and associated HRA charges 2019-20' dated 1st February 2019 - Service Charges ref: 1007    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

That the Cabinet Member for Housing Services agreed that the increase in the tenant proportion of the overall contract price for block cleaning be equalised across all tenants, resulting in a £0.02 increase on the service charge for block cleaning, for those Council tenants who are already in receipt of the service.

 

Reasons for Decision

 

To mitigate against the impact of significant increases in block cleaning charges for Council tenants, many of whom are low income households.


12/03/2019 - Forward Borrowing Proposals ref: 1006    Recommendations Approved

Cabinet Member approval sought to secure borrowing.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration approved a total of £250m in forward rate loans from Phoenix and Rothesay, for drawdown over a three to four year period and noted that this represents a first tranche of forward borrowing with the total approved being £400m.

 

Reasons for Decision 

 

1.         The Council has agreed that one of the ways to mitigate the future interest rate risk is to arrange a deferred drawdown loan (or forward rate agreement), agreeing a loan now with a drawdown at an agreed date some years in the future. This will reduce interest rate risk and the interest costs of drawing down a loan now before it is needed (cost of carry). This was approved at Cabinet on 15 October 2018 as part of the capital programme.

2.         The alternative to forward borrowing would be to borrow now from the Public Works Loan Board (PWLB), but this would cost an additional £1.9m over the life of the loan in net present value (NPV) terms.


11/03/2019 - Addendum to 'Annual Review of Housing Revenue Account (HRA) Rent and associated HRA charges 2019-20' dated 1st February 2019. ref: 1005    Recommendations Approved

Officer Report.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 11/03/2019

Effective from: 11/03/2019

Decision:

That in recognition of the transition to enforcement through Traffic Management Orders on Housing Estate land during 19-20, the Cabinet Member for Housing Services agreed that the 3.3% increase recommended to car parking charges only be removed and that it be replaced with the recommendation to maintain these at 20118-19 levels. 

Reasons for Decision

1.            To set the Housing Revenue Account ‘other charges’ for the financial year 2019-20, the City Council is required to give parking permit holders at least one weeks’ notice of any variation to the charge.

 

2.            The decision is based on recognition of the current context of parking management arrangements on Housing Estate land.

Wards affected: (All Wards);

Lead officer: Daniel Peattie


08/03/2019 - Discretionary Housing Payment Review Advisory Panel: (15.01.2019) Determination of Discretionary Housing Payment Review Applications ref: 1003    Recommendations Approved

Cabinet Member approval sought to approve recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/03/2019

Effective from: 08/03/2019

Decision:

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

           

2.         That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 15 January 2019.

 

Reasons for Decision 

The 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.


08/03/2019 - Corporate Enforcement Policy    Recommendations Approved

The Corporate Enforcement Policy is an umbrella policy that sets out the regulatory principles and council's overarching approach to enforcement

Decision Maker: Cabinet

Decision due date: 08/04/2019

Wards affected: (All Wards);

Lead officer: Kirsty Munro

Notice of decision: 08/03/2019

Anticipated restriction: Open


12/03/2019 - Planned Preventative Maintenance (PPM) programme for 2019/20 in respect of Highways, Public Lighting & Bridges and Structures ref: 1008    Recommendations Approved

Annual Capital programme for Highways, Lighting and Structures

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 05/03/2019

Effective from: 20/03/2019

Decision:

2.              Recommendations

That the Cabinet Member for Environment and City Management approved:

2.1            The detailed proposals for the Highways PPM programme for 2019/20 at an estimated gross cost of £5,790,000 as detailed in Section 5.1 and Appendices A to C, be approved.

 

2.2            The detailed proposals for the Bridges and Structures PPM programme for 2019/20 at an estimated gross cost of £1,233,000, as detailed in Section 5.2 be approved.

 

2.3            The detailed proposals for Public Lighting PPM programme for 2019/20 at an estimated gross cost of £4,058,000, as detailed in Section 5.3 and Appendix E, be approved.

 

2.4            The gross capital expenditure of £11,081,000 (net capital expenditure of £10,608,000) for 2019/20, comprising the annual PPM programmes for the City Council’s Highways, Public Lighting & Bridges and Structures be approved.

 

2.5            The delegation to the Executive Director of City Management and Communities the authority to make changes to the programmes agreed in recommendations 2.1 to 2.4, subject to the proviso that the overall budget is not exceeded and that the Cabinet Member is consulted on any significant changes.

 

3.              Reasons for Decision

3.1            All assets deteriorate over time and any work aimed at maintaining the durability of the asset is classed as programmed maintenance. Such work prolongs the life of the asset and/or maintains structural capacity and is therefore considered as capital expenditure.

3.2            Each year the City Council’s regular inspection and testing programmes determine the current condition of the various highway assets (Carriageways, Footways, Lighting and Bridges & Structures) and identifies the forward investment needs that will keep the highway network in a safe and reliable condition.

3.3            Provision has been made in the capital programme for this expenditure to enable these programmes of work to be implemented together with preparation of forward programmes of work for 2020/21.

3.4            The proposed Planned Preventative Maintenance programme set out in this report will ensure that the City Council’s highway assets remain safe and effective and support the City for All agenda.

 

Wards affected: (All Wards);

Lead officer: Andy Foster


03/03/2019 - Governance arrangements between the council and the City of Westminster Charitable Trust for the collection and distribution of donations made through the voluntary Westminster Community Contribution scheme ref: 1002    Recommendations Approved

On 7 March 2018 Council resolved to introduce the Westminster Community Contribution scheme to allow higher value properties in the city to voluntary contribute towards funding local discretionary services. Residents were invited to make their contributions to the City of Westminster Charitable Trust (the Trust). The purpose of this report is to renew the governance arrangements between the Council and the Trust in relation to the collection of the contributions.

 

Decision Maker: Leader of the Council

Decision published: 03/03/2019

Effective from: 03/03/2019

Decision:

That the Leader of the Council approvesthat:

·         For a fixed period of four years to 28 February 2023 the Council fundraises on behalf of the Trust to support youth services in Westminster, helping rough sleepers off the streets at night in Westminster, and helping lonely and isolated people in Westminster. All fundraising activities undertaken by the Council shall comply with the Code of Fundraising Practice issued by the Fundraising Regulator (an independent regulator of charitable fundraising)

·         Any fundraising activity undertaken by the Council after 28 February 2023 require a further formal decision by theCouncil.

·         In the event contributions under the scheme are made direct to the Council the Section 151 Officer makes provision to transfer to the Trust any such contributions unless otherwise specified by thecontributor.

·         The Chief Executive to make provision to provide administrative and financial support to the charity as deemed mutually appropriate between them and the Trustees of thecharity

·         The Council to comply with data processing principles whensoliciting donations from the residents on behalf of thecharity.

 

 

1.            Between 17 November 2017 and 15 December 2017, the Council consulted with all Band H Council tax paying properties on a proposal to allow people living in the City’s highest value properties to pay a voluntary contribution to support local priorities and projects. The consultation found a significant showing of support for the scheme.

 

2.            Since launching, the scheme has proved to be very successful and has to date raised over £600,000 for local projects.

 

Wards affected: (All Wards);

Lead officer: Lucy Hoyte


26/02/2019 - HELP Team Consolidation ref: 1001    Recommendations Approved

Decision Maker: Cabinet Member for Economic Development, Education and Skills

Decision published: 26/02/2019

Effective from: 26/02/2019

Decision:

 

            That approval be given to bring in-house the five HELP team members employed by Vital Regeneration into the Westminster Employment Service and to continue the maternity cover for one of these roles.

 

 

 

Vital Regeneration is due to end, Westminster Employment Service and Westminster Housing Department would like to keep this successful pilot operating in a model that ensures efficient delivery. Due to the closure of Vital Regeneration, the five staff will be brought in house into the Westminster Employment Service to ensure service continuity. 

 

Lead officer: Greg Ward


22/02/2019 - London Business Rates Pooling ref: 1000    Recommendations Approved

To review the new offer regarding the 2019-20 business rates pool and seek Cabinet Member approval.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/02/2019

Effective from: 22/02/2019

Decision:

That the Council’s Section 151 officer, in consultation with the Cabinet Member for Finance, Property and Regeneration, be given delegated authority to agree the operational details of the pooling arrangements with the participating authorities and to enter into the Pooling Memorandum of Understanding.

 

 

 

The offer for London to enter a Pilot Pooling arrangement, as contained in the Provisional Local Government Finance Settlement, requires each London Borough and the GLA to formally agree to enter such a pool and to confirm the basis of distribution as set out in the Pooling Memorandum.

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson


14/02/2019 - Mental Health Supported Housing Procurement ref: 999    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 14/02/2019

Effective from: 22/02/2019

Decision:

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

 

2.         That the Cabinet Member for Housing Services approved the decision to award the contracts to the organisations with associated costs to Lots 1, 2, 3 and 4 respectively as set out in the report as part of a competitive tender process for the period from May 1st 2019 to April 30th 2023 for a total amount specified in the report.

 

 

3.         That the Cabinet Member for Housing Services delegated authority to the Director of Housing to consider/approve taking up the options to extend of 1 year plus 1 year plus 1 year, as allowed for within the contract conditions.

 

Reasons for Decision 

1.            Regulation 72 (1) of the Public Contract Regulations 2015 require that for any variation clauses to be lawful they must be couched in ‘clear, precise and unequivocal’ terms, that state the scope and nature of possible modifications. This contract must be put onto a compliant contractual footing with clear start/expiry dates and provisions to extend that do not continue indefinitely

2.            The evaluation panel met with all bidders from the 19th- 20th December 2018 to clarify areas of their tender submissions of their technical responses before selecting the preferred bidders according to the evaluation criteria.


13/02/2019 - Proposals for improved cross London procurement of Temporary Accommodation ref: 998    Recommendations Approved

Proposals to improve pan London procurement of Temporary Accommodation through London Councils' Capital Letters project

Decision Maker: Cabinet Member for Hsg Services

Decision published: 13/02/2019

Effective from: 21/02/2019

Decision:

1.            That the Cabinet Member for Housing Services noted the £38 million over four years being made available by the Ministry of Housing, Communities and Local Government specifically for pan-London collaboration on the procurement of accommodation for homeless households.

 

2.            That the Cabinet Member for Housing Services approved in principle for the Council to join a letting company to be named Capital Letters London Ltd, a Company Limited by Guarantee that will be established by the London boroughs, as an ‘A’ member

 

3.            That the Cabinet Member for Housing Services delegated authority to the Director of Housing and Regeneration, after consultation with the Cabinet Member for Housing, the following:

 

a) Finalising and agreement of the Articles of Association, authorising the agreeing and entering into the council’s membership of Capital Letters Limited

 

b) Payment of up to £90K from Flexible Homelessness Support Grant to fund 2 officers within Capital Letters

 

c) the nomination of an Officer to be appointed as the council’s representative on the Capital Letter board.

 

4.            That the Cabinet Member for Housing Services noted the draft Articles of Association at Appendix A of the report.

 

5.            That the Cabinet Member for Housing Services noted the draft Members Agreement at Appendix B of the report.

 

Reasons for Decision

 

1.            This initiative is required to deliver additional affordable, suitable private sector accommodation to allow the Council to meet its homelessness duties at a cost it can sustain against the background of:

 

·         A challenging market with limited availability of accommodation for households on low incomes

·         The likelihood of increased numbers of households accepted as being homeless

·         A shift in emphasis in homelessness policy towards use of resources to prevention.

·         The importance of working closely with other London boroughs to collaborate to secure accommodation

 

2.         This decision is necessary in order to fulfil the Council’s statutory duties to house persons who are defined as homeless under Part VII of the Housing Act 1996 and reduce the costs of fulfilling that duty.

 

3.         Capital Letters (with MHCLG funding) is designed to provide a cost effective source of sustainable Temporary Accommodation and an additional source of good quality private sector accommodation within London for households in housing need. Currently boroughs are, in many cases, competing against each other for properties.  Being jointly owned by London boroughs is designed to improve collaboration and provide more sustainable accommodation.

 

Wards affected: (All Wards);

Lead officer: Greg Roberts


08/02/2019 - Annual Review of Housing Revenue Account (HRA) Rent and associated HRA charges 2019-20 ref: 995    Recommendations Approved

To set the HRA tenant rents and other charges for the financial year 2019-20. The City Council is required by law to give tenants at least 28 days’ notice of any variation to the rent charged.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 13/02/2019

Effective from: 19/02/2019

Decision:

1.         That in order to comply with the provisions of the Welfare Reform and Work Act 2016, the Cabinet Member for Housing Services approved the reduction of Housing Revenue Account rents by 1% from 1st April 2019.

2.         That the Cabinet Member for Housing Services noted that the Council continues to exercise its discretion under the rent restructuring policy to set rents for new tenants and transfers on all re-lets at formula target rent from Monday, 1st April 2019.

3.         That the Cabinet Member for Housing Services approved the variation of tenant service charges to be in line with estimated actual costs for 2019/20 from Monday, 1st April 2019. 

4.         That the Cabinet Member for Housing Services approved a 3.3% increase (RPI as at September 2019) for charges for car parking, parking spaces, sheds and garages from Monday, 1st April 2019.

Reasons for Decision

To set the Housing Revenue Account tenant rents and other charges for the financial year 2019/20. The City Council is required by law to give tenants at least 28 days’ notice of any variation to the rent charged.

Wards affected: (All Wards);

Lead officer: Daniel Peattie


13/02/2019 - Expenditure from the Ward Budget for the Westminster Advice Service run by Zaccheaus 2000 Trust ref: 996    Recommendations Approved

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 13/02/2019

Effective from: 13/02/2019

Decision:

That the expenditure of £18,150 in respect of the proposal detailed in the report be agreed.

 

Reasons for Decision

 

£18,150 will contribute to the salary costs of a full-time casework to deliver the advice and services, to ensure that those most in need of benefits and housing advice can access it. Three sessions will be held each week, for 46 weeks a year. These will be 2-hour sessions held in the Beethoven Centre, Church Street library and Pimlico Advice Hub on the Churchill Gardens Estate. The intention is to fill the gaps where there is less provision available within the advice sector. Services provide include tribunal representation for ESA and PIP claims; housing matters such as suitability reviews and possession proceedings; support in Complex Universal Cases where there are multiple issues; ensuring that clients are receiving the correct benefits; and “wrap-around” support to help clients with other issues such as mental health and language support.

 

The expected overall cost of the one caseworker’s salary would be £32,759 per annum, which includes the employer’s NICs, and pension contribution of 5%. It is anticipated that a significant amount of this salary will be covered by other grants, secured from funders in Westminster. The shortfall can be made up from core funding. Without Ward budget funding, the service cannot be continued in the borough. Funding has currently been secured from Westminster Amalgamated, Strand Parishes, Hyde Park Estate Charity and the Westminster Foundation.

 

Lead officer: Janis Best


13/02/2019 - Green Plaques to commemorate the centenary of GCHQ ref: 997    Recommendations Approved

To establish if there is Cabinet Member support for three Green Plaques to commemorate 100 years of GCHQ.

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 13/02/2019

Effective from: 13/02/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

COMMEMORATIVE GREEN PLAQUE TO MARK THE SITE OF THE FORMATION OF GCHQ, THE UK’S INTELLIGENCE, SECURITY AND CYBER AGENCY AT WATERGATE HOUSE, 13-15 YORK BUILDINGS, ADELPHI, LONDON, WC2N 6JU

 

Notice is hereby given thatthe Cabinet Member for Sports, Culture and Community has made the following executive decision on the above mentioned subject for the reasons set out below.

 

Summary of Decision

 

That the nomination for a Westminster Green Plaque to commemorate the site of the first offices of GCHQ at Watergate House is approved in full.

 

Reasons for Decision

 

As the first home of one of Britain's three intelligence agencies, Watergate House is a building of historical interest, and its status as a former top secret location forms a significant part of the heritage of the city. This year marks 100 years since the formation of GCHQ and a Green Plaque provides the opportunity to commemorate the important role it played in post First World War history. 

 

The Special Operations Executive (SOE) has a Green Plaque at 64 Baker Street.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

8 February 2019

Implementation Date:

8 February 2019

Reference:

 

CMfSC&CL/2/2018/2019

 

Wards affected: St James's;

Lead officer: Claire Appleby


01/02/2019 - Self-Build Register fees ref: 993    Recommendations Approved

New regulations on self-build published in 2016 enabled local authorities to charge a fee for entries on to the Self-Build Register (and an annual fee to remain on the register) to cover the cost of the administration involved in compiling the register.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

That the Cabinet Member for Place Shaping and Planning approved:

1.    Setting the following eligibility criteria for entries onto either Part 1 or Part 2 of the register

o   proof of age and nationality;

o   payment of the requisite application fee as detailed further in this report;

o   the individual or association applying must be seeking (either alone or with others) to acquire a serviced plot of land in the borough for their own self-build and custom housebuilding project; and

o   evidence of sufficient resources to purchase land for their Custom or Self-Build project

2.    Setting the following eligibility criteria for entries onto Part 1 of Westminster’s Custom and Self-Build Register:

o   a local connection test (subject to the relevant exemption for armed forces personnel) which is in line with the requirements to be entered onto Westminster’s intermediate housing register

3.    Charging a £95 fee for entering either Part 1 or Part 2 of the register and a £95 annual fee thereafter to remain on Part 1 of the register from 28 February 2019.

4.    Maintaining the existing entries on the register until 31st March 2019 after which date they will be re-assessed against the new eligibility requirements and subject to payment of a £95 annual fee for Part 1 registrations.

Reasons for Decision

 

To cover the administration costs of running the register and to ensure that the register reflects genuine local demand for land for custom and self-build housing

 

Lead officer: Michela Leoni


01/02/2019 - Confirmation of Westminster’s article 4 Direction for changes of use from B1(a) (offices) to C3 (dwelllinghouses) ref: 992    Recommendations Approved

Seeking approval to confirm a non-immediate direction under article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 to remove permitted development rights for changes of use from B1(a) (offices) to C3 (dwellinghouses) in the Westminster Central Activities Zone (CAZ). The effect of the decision will be that from the date the Direction comes into force, applications for planning permission will be required for these changes of use.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

i)             That the representations made to the proposed non-immediate direction under article 4 of the Town and Country Planning (General Permitted Development) Order 2015 (GPDO 2015) to remove permitted development rights granted by Schedule 2 Part 3 Class O of the 2015 Order (as amended) for changes of use from B1(a) (offices) to C3 (dwellinghouses) in the Central Activities Zone (CAZ) be approved

 

ii)            That the Direction, as set out in Appendix 1 of the report, to come into force on 1 May 2019 be approved.

 

iii)           That the giving of notice of the confirmation and date of commencement of the Direction and sending of a copy of the Direction as confirmed to the Secretary of State as required by paragraph 1(11) of Schedule 3 to the GPDO 2015 (Appendix 3) be approved.

 

Reason for Decision

Confirming the proposed Direction will help enable the Council to use its planning powers to secure an appropriate balance of uses in the CAZ. In particular, it will help ensure the availability of a range of workspaces to support the delivery of the right kind of growth in Westminster – which brings the maximum benefits for residents, workers, visitors and businesses while minimising detrimental effects City’s sustainable growth – and support delivery of the growth targets set out in the Westminster City Plan.

 

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

Lead officer: Kimberley Hopkins


01/02/2019 - School Organisation and Investment Strategy 2018 ref: 991    Recommendations Approved

Decision Maker: Cabinet Member for Economic Development, Education and Skills

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

Summary of Decision

 

That the School Organisation and Investment Strategy 2018 contained in Appendix A of the report be approved.

 

Reasons for Decision

 

The School Organisation and Investment Strategy sets out the Council’s plans for complying with its statutory duty of providing sufficient school places for every child who needs one.  Whilst there is no statutory requirement on the Council to provide an annual report, the details of current and future projections are considered to be of interest to schools, Council Members and the general public.

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

 

Lead officer: Ian Heggs


31/01/2019 - Relocation of Waste Vehicle Depot from Mandela Way to Landmann Way ref: 990    Recommendations Approved

Cabinet Member approval sought for relocation of Waste Vehicle Depot.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/02/2019

Effective from: 31/01/2019

Decision:

1.            That this report be exempt from disclosure by virtue of the Local GovernmentAct1972 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.        That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Investment and Estates to complete the lease for Landmann Way and secure the long-term position for the Council’s waste depot service.

 

3.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Investment and Estates to incur the costs of professional fees associated with the transactions.

 

Reasons for Decision

 

1.            The new lease is required to secure a long-term waste vehicle depot site to serve communities and businesses across Westminster.

 

2.         The Council has a statutory obligation to provide street cleaning and refuse services

 

3.         The Council is committed to deliver a city for communities and businesses that is clean and well-run.

 


31/01/2019 - Re-procurement of Managing Agents Contract ref: 988    Recommendations Approved

Cabinet Member approval sought for re-procurement of Managing Agents contract.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 31/01/2019

Effective from: 08/02/2019

Decision:

1.               That this report be exempt from disclosure by 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.               That the Cabinet Member for Finance, Property and Regeneration approved the award of a new contract to the preferred bidder, commencing 1st January 2019 to 31st December 2022, a period of three years, with an option to extend for a further one year..

3.               That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Estates and Investment to approve and award the one year term extension if appropriate.

 

Reasons for Decision 

To ensure the continued management of the Council’s Property Investment Portfolio, whilst also ensuring improved service delivery and value for money by way of a robust contract specification and detailed set of key performance indicators with penalty provisions for non-performance.

 


31/01/2019 - Development of sites at Cosway Street, Ashbridge Street and Ashmill Street car park ref: 987    Recommendations Approved

Cabinet Member approval sought for development of sites.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 31/01/2019

Effective from: 08/02/2019

Decision:

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

2.            That the Cabinet Member for Finance, Property and Regeneration formally agreed the preferred way forward as set out in the Outline Business Case, namely;

·         Joint development, with affordable housing provided at Ashbridge and Ashmill, and private housing at Cosway.

·         Direct development of all three sites by the council

·         Development to proceed as soon as possible

 

3.            That the Cabinet Member for Finance, Property and Regeneration agreed additional authorisation to spend up to the point at which the contract for the main works is signed, including the expenditure as detailed in the report.

4.            That the Cabinet Member for Finance, Property and Regeneration authorised the negotiation and agreement of final terms of an Enabling Works Contract and delegated authority to the Executive Director for Growth Planning and Housing to enter into the Contract on the basis that it does not exceed the costs, including an enabling works package and contingency sum for enabling works risk items for the sums as set out in the report.

 

5.            That the Cabinet Member for Finance, Property and Regeneration agreed to Agreement to indemnify BT in relation to paying their consultancy fees in line with previous agreements between BT and the City Council, as detailed in the report.

 

6.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director Growth, Planning and Housing to enter into Unilateral Undertaking/Section 106, linking all three sites, and noted that the Royal Borough of Kensington and Chelsea Legal Team have been appointed to provide advice on this and draft agreements.

 

7.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director Growth, Planning and Housing to appropriate from the General Fund to the Housing Revenue Account for planning purposes the Council’s interest in the lands shown outlined in red on the plan at Appendix C, under section 122 of the Local Government Act 1972 subject to obtaining the necessary Secretary of State consents and subject to being satisfied that all the necessary conditions being met for the exercise of these powers.

 

8.            That the Cabinet Member for Finance, Property and Regeneration authorised the Executive Director, Growth, Planning & Housing to use the powers to over-ride third party rights under section 203 of the Housing and Planning Act 2016 according to the principles set out at paragraph 10.15 in this report.

 

9.            That the Cabinet Member for Finance, Property and Regeneration agreed to the transfer of land between the Housing Revenue Account and the General Fund in respect of the appropriation mentioned at 7 above, based upon a RICS Red Book Valuation carried out in advance of the appropriation.

 

10.         That the Cabinet Member for Finance, Property and Regeneration agreed to authorise the Executive Director, Growth, Planning and Housing and the Tri-Borough Director of Law, to deal with all necessary legal arrangements to effect the recommendations as set out in this report; including where deemed necessary to seek consent from the Secretary of State. 

 

Reasons for the Decision

The Council is satisfied that the redevelopment will contribute towards meeting the City for All objectives, in particular ‘City of Opportunity’.

 


24/01/2019 - Contract Award decision - Services for Older People and Carers ref: 986    Recommendations Approved

Authority is sought to directly award time limited interim contracts for older people and carers services within Westminster due to expire in 2019.

This decision will enable service continuity for residents with established providers whilst a number of transformation initiatives are undertaken to inform future competitive tendering activity.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 24/01/2019

Effective from: 01/02/2019

Decision:

1.1         Officers asked that the Cabinet Member for Family Services and Public Health approve a waiver to the requirements and process of Section 3.14  of the Westminster Procurement Code to conduct competitive exercises in respect of the below services in accordance with the boroughs’ Procurement Code.

 

1.2         Subject to approval of the waiver, officers asked the Cabinet Member for Family Services and Public Health to directly award the 14 contracts in Westminster City Council to the incumbent providers at a total cost of £2,798,626.

 

1.3         Officers asked that the Legal Comments in section 11 of the report be noted, and that a balanced approach to risk management be taken as set out in section 7.

 

2.4      Officers also recommended that delegated authority was granted from the Cabinet Member for Family Services in Westminster City Council to officers to enable the full terms as agreed within the interim contracts to be utilised as required.  This would expressly enable flexibility to extend the direct award beyond its initial duration as per the terms of the contract.  For avoidance of doubt this authority did not go beyond the maximum durations as set out within the report.

 

2     REASONS FOR DECISION 

 

2.1         The Council had clear duties around service provision under the Care Act 2014:

·         Prevention: The Council must provide or arrange services that help prevent people developing needs for care and support or delay people deteriorating such that they would need ongoing care and support.

·         Assessed Need: The Council had a duty to carry out an assessment of anyone who appeared to require care and provide or organise support as required

·         Carers: The Council had a duty, further to an assessment, to provide a care and support plan to Carers.

 

2.2         There were also a number of key national and local drivers informing the need for ongoing service provision, including:

·      Prime Ministers Challenge on Dementia 2020.

·      England’s National Dementia Strategy.

·      National Carers Strategy 2010 set out the government’s 10 year strategy for supporting carers.

·      National Carers Action Plan 2018 – 2020 setting out how to improve support for carers.

·      Bi Borough Health and Well Being Board Dementia and Isolation agendas.

 

2.3         The reasons for awarding the interim contracts fundamentally enabled continuity of essential services to vulnerable residents whilst key transformation initiatives were undertaken to reshape future delivery of services and improve outcomes for older residents. 

Wards affected: (All Wards);

Lead officer: Sharon Thurley


16/01/2019 - Designation of Mayfair Neighbourhood Forum ref: 985    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 16/01/2019

Effective from: 16/01/2019

Decision:

 

Summary of Decision

 

That the re-designation of  the Mayfair Neighbourhood Forum for a further period of 5 years be agreed and delegated authority be authorised to the Director of Policy, Performance and Communications to publish a formal designation notice.

 

Reasons for Decision

 

Westminster City Council designated Mayfair Neighbourhood Forum as the responsible body for preparing a Neighbourhood Plan for Mayfair on 10th January 2014. Under section 61F of the Town and Country Planning Act 1990 (as amended by the Localism Act 2011), Neighbourhood Forum designations expire after 5 years. The existing designation therefore expires on 10/01/19, and the Forum have applied to be re-designated.

 

In their application for re-designation the Forum state their future intentions (should the Mayfair Neighbourhood Plan be made) are to:

·         Monitor usage of the Mayfair Neighbourhood Plan and its policies to test the Plan’s effectiveness.

·         Propose adjustments to policies that fail to deliver associated Plan strategies.

·         Where necessary, comment individual applications.

·         Engage at the earliest opportunity with all interested parties on major projects and projects of particular sensitivity, with the intent of ensuring that the Neighbourhood Plan’s strategies and associated policies are understood and respected.

·         Influence the expenditure of CIL and Section 106 monies.

Consultation on the re-designation of the Mayfair Neighbourhood Forum highlighted support for the application.  There were no objections or competing applications.

 


16/01/2019 - WESTMINSTER CITY COUNCIL'S CONTRIBUTION TO THE LONDON BOROUGHS GRANTS SCHEME 2019-20 ref: 984    Recommendations Approved

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 16/01/2019

Effective from: 17/01/2019

Decision:

 

 

 

That the proposed overall level of expenditure by the London Councils Grants Committee be endorsed and the City Council’s contribution of £0.185m for 2019-20 be agreed.

 

 

The London Councils London Boroughs Grants Scheme is the London-wide body created to make grant-aid available to voluntary organisations operating across more than one borough. Each year the London Councils Grants Committee proposes an overall level of expenditure for the Scheme which is recommended to the London Boroughs and the Cities of London and Westminster for agreement.

Constituent councils are required to contribute to any London Boroughs Grants schemes expenditure, which has been incurred with the approval of at least two-thirds of the constituent councils.  Contributions are, under Regulations 6(8) of the Levying Bodies (General) Regulations 1992, to be proportional to constituent council’s populations.  For 2019-20, the apportionment is based on the ONS mid-year estimates for June 2017 in accordance with Section 48 (4) of the Local Government Act 1985, which states that “the population of any areas shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference of such a date as the secretary of State may from time to time determine” This year London Council’s has set a deadline of 18th January 2019 (with an absolute deadline of 25th January 2019).  If at least two-thirds of the constituent Councils pass the resolution in their own Councils to ratify and give effect to that overall level of expenditure, the overall level of expenditure and contributions become binding on all the constituent Councils.

If constituent Councils are unable to reach agreement by the two-thirds majority required before 25th January 2019, the constituent Councils will be deemed, subject to any order made under section 48(5) of the Local Government Act 1985, all to have given their approval to total expenditure of an amount equal to that which was approved in 2018-19, i.e. £6.668m. 

 

Publication Date:

16 January 2019

Implementation Date:

23 January 2019 at 5pm

Reference:

 

CMfSC&CL/1/2018/2019

 

Lead officer: Julia Corkey


07/01/2019 - Oxford Street District - Business Case    Recommendations Approved

Update on the business case developed for the Oxford Street District.

Decision Maker: Cabinet

Decision due date: 08/04/2019

Wards affected: Hyde Park; Marylebone; West End;

Lead officer: Susanne Afra

Notice of decision: 07/01/2019

Anticipated restriction: Open


07/01/2019 - Luxborough Street Petition    Recommendations Approved

A report in response to the recent petition received regarding the Luxborough Street kick about site which calls for the Council not to proceed with any proposal to build on the site.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: Marylebone;

Lead officer: Emily Myers

Notice of decision: 07/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Housing Investment Strategy and Housing Revenue Account Business Plan    Recommendations Approved

Approval of the Council's 2019/20 Housing Revenue Account Business Plan

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: Barbara Brownlee, David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Treasury Management Strategy    Recommendations Approved

Approval of the Council's 2019/20 Treasury Management Strategy

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon, Phil Triggs

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - Integrated Investment Framework    Recommendations Approved

Approval of the Council's Integrated Investment Framework

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon, Phil Triggs

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Capital Strategy    Recommendations Approved

Approval of the Council's five year (plus future years) capital strategy.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Ctax & Budget Report    Recommendations Approved

Approval of the Council's 2019/20 revenue budget.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


28/12/2018 - Pay Policy 2019-20    Recommendations Approved

To gain approval for annual update of pay policy before full Council

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: Giorgia Fiorillo

Notice of decision: 28/12/2018

Anticipated restriction: Open