Decisions

Summary of Decision

 

The Cabinet Member has approved the write off of debts over £100k as set out in section 5, having taken all appropriate action.

 

Reason 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 court and distress proceedings. 

arrangements for the appointment of school Governors

2.        Recommendations

2.1      That the arrangements for the appointment of school Governors including       Academies, as set out in Appendix A, be approved.

 

2.2       That the Senior School Governance Adviser will make a recommendation to the Cabinet Member for Young People and Learning relating to the appointment of LA governors in nominated Schools, and Academy governors.  The Cabinet Member will then make the final and formal decision relating to the nomination or appointment, as appropriate.

 

2.3      That the delegation to the Local Authority Governor Nomination Panel in

respect of making recommendations to the Cabinet Member in respect of the appointment of LA Governors be formally withdrawn.

 

3.        Reasons for Decision

 

3.1      The recommendations in this report arise from a review of the arrangements for the nomination and appointment of governors to LA maintained schools and Academies.

 

3.2      It is becoming more difficult to recruit governors and there is a need to

           streamline the process to ensure potential governors are appointed to   

           Westminster schools as quickly as possible once a vacancy arises.

 

3.3      As the panel currently only meets twice a year as very few vacancies arise each year, this means there is a delay in replacing governors who resign or whose term of office expires.

 

3.4      The number of vacancies considered by the panel has been reducing and removing delegation from Local Authority Governor Nomination Panel, which consists of three Cllrs, and making approval by the Cabinet Member for Young People, Learning and Leisure, will ensure the process is more efficient and also allow for a more productive use of Cllrs time.   

 

3.5      The Members of the Local Authority Governor Nomination Panel support the proposal.

 

To procure a Passenger Transport (Taxis) & Travel Care Framework for Vulnerable Children, Young People & Adults for Westminster City Council and The Royal Borough of Kensington & Chelsea.

RECOMMENDATIONS 

It is recommended that the Executive Director of Children’s Services: 

1.     Approves the establishment of a Passenger Transport Taxi Framework, to be used by both WCC and RBKC via an Inter-Authority agreement. 

2.     Admit the following providers onto the Framework, for the delivery of Passenger Transport (Taxi) and Travel Care Services, for the period 1st August 2022, until the 31st July 2026.  

Lot 1- recommended providers:  

·    Abbey Wood Station Minicabs Limited (Abbey Wood) 

·    Airport Transfer Cars Ltd  

·    Cascade Cars Service Ltd  

·    GETT (UK) 

·    Green Tomato Cars Limited 

·    Kush Cars Limited  

·    London Hire Community Services Limited  

·    London VIP Cars Services Limited 

·    Ollimpicars Ltd  

·    HATS group Limited 

·    PG Passenger Services Limited  

 

Lot 2 – recommended providers  

·    Abbey Wood Station Minicabs Limited 

·    Cascade Cars Services Ltd  

·    GETT (UK) 

·    Green Tomato Cars Limited 

·    London VIP Cars Limited  

·    Ollimpicars Ltd  

·    HATs group Limited  

 

REASONS FOR DECISION 

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

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

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

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

 

Summary of Decision:

The Cabinet Member has agreed:

A)    That the recommendations of the Examiner as set out in the council’s Decision Statement (see Appendix 1) and Examiner’s Report (see Appendices 3 and 4) be accepted.

B)    That in accordance with the Examiner’s recommendation, the Pimlico Neighbourhood Plan (submission version, see Appendix 2), as modified within the Examiner’s Report proceed to local referendum.

C)   That in accordance with the Examiner’s recommendation, the referendum area be restricted to the neighbourhood area designated by the council on 4^th September 2013 as the Pimlico Neighbourhood Area.

D)   That in the event of a positive referendum result, the Executive Director of Innovation and Change be authorised to publish an Adoption Statement and formally ‘make’ the plan.

Reasons for Decision

The Examiner’s recommendations will ensure the Pimlico Neighbourhood Plan is clear and effective as a framework for making decisions on planning applications in the Pimlico Neighbourhood Area. The recommendations address the concerns raised by the council during consultation and examination, and other stakeholders during consultation, and ensure the draft 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 within the Neighbourhood Area, and any additional areas as considered appropriate by the Examiner. Before this happens, the council must publish a Decision Statement setting out the actions it proposes to take in response to the Examiner’s Report. Where the council decides to proceed to referendum, in the case of a successful majority vote in favour of the plan, the council must formally ‘make’ the plan.

 

This decision supports the City for All objectives, in securing a key landholding that facilitates pedestrian and wheelchair access to a Grand Union Canal bridge, linking the boroughs of Westminster and Kensington and Chelsea.

Summary of Decision

The report recommends renewing the Council’s lease of the subject land for a term of 125 years and otherwise based on the terms detailed in the exempt background paper. 

 

Reason for Decision

Under the WCC constitution Cabinet Member approval is required to enter into a lease of more than 25 years (the proposed lease term in this case is 125 years). 

The decision to proceed with the recommendation will allow Westminster City Council (WCC) to benefit from the construction of new modern depot facility to be utilised by the Council’s Street Cleansing Unit together with the provision of a hotel, office and leisure facilities thus supporting the delivery of the Councils ‘City for All’ objectives through this development and land swap. This development will provide employment and will go some way to regenerate the immediate area.

Summary of Decision 

The Cabinet Member for Finance and Council Reform has approved the terms of the Deed of Variation to the S.106 Agreement and authorised that the Council, as freehold owner of the depot site, enter into this agreement. 

 

Reasons for Decision   

TheS.106 Agreement had been entered into by both WCC as landowner and WCC as theLocal Planning Authority. The Local Planning Authority’s authority to enter into the agreement derives from the Planning Applications Sub-Committee resolving to approve the planning permission. WCC as landowner,requires a separate Cabinet Member approval to amend the terms of this S.106 Agreement.  

 

To approve the Council’s Discretionary scheme under the government’s Council tax Rebate scheme

 

Recommendation:

The Cabinet Member for Finance and Council Reform has approved the proposed discretionary scheme as outlined in Section 5 of the report.

 

Reason for decision:

 

The government has requested local authorities to administer a payment scheme to assist eligible residents with increasing energy costs.  The scheme requires local authorities to make payments of £150 to eligible residents under the Council Tax Rebate scheme.

 

To set out the council’s spend of the Household Support Fund Extension April – September 2022

Recommendation

The Cabinet Member for Finance and Council Reform has approved the utilisation each of the processes outlined in Section 4 of this report to allocate the council’s funding allocation (£1,951,507) to the borough’s most vulnerable residents.

 

Reason for the decision

The Government has provided local authorities with a broad discretion as to how to allocate their funding within the ‘Household Support Fund (1 April 2022 to 30 September 2022): final guidance for county councils and unitary authorities in England’.

 

7.1      The Committee received an overview of the standards and delivery of improvements in the housing service, in the context of the Covid-19 pandemic, from Neil Wightman, (Director of Housing).

 

7.2      The Committee discussed issues including significant reductions in repairs during the pandemic, communications with tenant residents, dealing with anti-social behaviour; and engagement relating to tenancy fraud. The Committee heard that major works had had to stop as residents were on site due to Covid-19 restrictions and that a larger number of people were claiming Universal Credit Benefit.

 

7.3      The Committee further discussed the work of a scrutiny task group committee in 2018 which had examined City West Homes (CWH), the corporate culture and staff turnover at CWH and resourcing within the Council to deal with tenancy fraud. Neil Wightman advised the Committee that the City Council was sufficiently resourced and David Hughes observed that the Fraud Team worked closely with the Housing team.

 

Erection of an electrical substation to rear of new building and associated works including protective fencing.

 

Charles Winch addressed the Sub-Committee in support of the Application.

 

RESOLVED: (For Councillors Robert Rigby, Tony Devenish, Councillor Mark Shearer: Against Councillor Tim Roca)

 

1.     That conditional permission under Regulation 3 of the Town and Country Planning General Regulations 1992 be granted.

 

2.     That an Informative be included which encourages the use of greening on the External Treatment.

Recommendations

The Cabinet Member has approved the award of NNDR Hardship relief to the businesses shown at Appendix B and the arrangements for hardship applications to revert to pre-pandemic arrangements for all applications received since 31^st March 2022.

 

Reasons for Decision 

The proposed awards have each met the mandatory requirements of the NNDR Hardship Relief scheme specific to 2020/21 financial year and have been given an evaluation score sufficient to qualify for an award.

 

The Cabinet Member has approved the recommendations of the Rating Advisory Panel held on 8^th March 2022 and determined the applications for NNDR Discretionary and Hardship relief set out in Appendix A.

 

Reasons for Decision

 

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

 

6.1.      The Committee received a report from Anna Raleigh, Director of Public Health, on obesity in Westminster. It was noted that the Council had launched the “Tackling Childhood Obesity Together” programme which demonstrated that a place-based approach was required and formed the basis of the current Change4Life Programme.

 

6.2.      The Committee reflected that tackling obesity was complex and multifaceted. Members discussed what levers the Council had to involve businesses.

 

6.3.      The Committee discussed the importance of joint working between Council directorates. Officers provided an example of effective cross-council working such as ensuring streets are well-lit so that residents felt safer to walk around the City.

 

6.4.      The Committee reflected on the Council’s physical health offer. Concerns were raised by Members regarding the lack of free indoor leisure activities during the winter and whether more after school clubs could be encouraged.

 

6.5.      Members further raised concerns that the report focused too much on encouraging physical activity and not enough on educating residents about healthy diets. Officers informed the Committee that the Change4Life programme was a whole-family approach and focused on supporting children, young people, families and carers to lead healthier and happier lives.

 

6.6.      The Committee also discussed the difficulty of reducing obesity rates. Senior Officers reflected that the Council needed to change its approach to tackling obesity and that a whole-systems approach would be required, with multi-agency working across the CCG and Northwest London.

 

Actions

1.         Scrutiny Officers to begin scoping for a Task Group on obesity in Westminster.

3.1.      The minutes of the meeting on 15th July 2021 were approved after requests for corrections.

 

3.2.      The first correction was in section 4.8 of the minutes to clarify which ‘Harris School’ was referred too. It was agreed that the minutes would be updated to include ‘Harris School Westminster Sixth Form.’

 

3.3.      The second correction was in section 6.1 of the minutes in reference to the discussion on the Healthwatch report. The Chairman wanted it reflected in the minutes that the Committee wanted more quantitative data from Healthwatch. It was discussed that Healthwatch has limited resources and might not be able to provide aggregated data, but they do provide qualitative analysis.

 

3.4.      The third correction was in section 7.8 of the minutes in reference to the use of the word ‘unanimous’, this word will be removed. The Chairman also asked that, when referencing the closure of the Gordon Hospital, the word, “temporary” be inserted in, so that the minutes read, “the temporary closure of the Gordon Hospital”.

Following a full procurement process, the report is to enable the award of the new Parking Technology contract to the preferred bidder.

 

1.        Recommendations

1.1      Part B of this report be confidential pursuant to paragraph 3 of Schedule 12A to the Local Government Act 1972 because it contains information relating to the financial or business affairs of tenderers for the contract which is the subject of this report.

 

1.2      That the Cabinet Member for Environment and City Management approves the recommendation to award a contract for the provision of Parking Technology Systems to EST Solutions Ltd, trading as E Street, company registration number 07587280 for an initial period of six years with and estimated contract value of £7,167,017.  The initial six years contract period includes a period of one year for implementation and mobilisation from 1st April 2022.  In addition, the option to extend the contract by way of up to two five year extension periods to continue to deliver the services for up to a further ten years for an estimated additional contract sum of £10,176,450.

 

1.3      That the capital expenditure of £1,963,592 for the 12 month Mobilisation phase of the contract for 2022/23 be approved.

 

2.        Reasons for Decision 

2.1       The tender submitted by EST Solutions Ltd for providing the Parking Technology Systems was the winning bid. The supporting information provided in the submission gave the Council the necessary assurances that the required attention to detail would go into the setup of each of the solutions. EST Solutions Ltd’s bid accordingly achieved the highest quality score.

 

 

2.2      The current parking contracts are due to expire, and in order for the Council to provide continuation of services it was necessary to reprocure this service. The award of the Parking Technology Systems Contract is the first phase of the wider re-procurement of Parking Services contracts to commence over the next 12 months in order to maintain the high level of services required by the Council.

 

Recommendation:

The Cabinet Member has approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting of 22 March 2022.

 

Reason for the 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 the restricted Appendix A.

The proposal is to enter into a new 25-year lease with the preferred bidder. 

Recommendation

The Cabinet Member for Finance and Smart City has approved the grant of a 25-year lease to N Family Club on the Heads of Terms within the restricted appendix.

 

Reason for the decision

Under the WCC Constitution Cabinet Member approval is required where the initial rent under a lease is in excess of £125,000 per annum which applies in this case.

Recommendation 

The Cabinet Member for Finance and Smart City has approved the grant of a lease to London Power Networks PLC for a period of 99 years.

 

Reason for the decision 

Under the WCC Constitution Cabinet Member approval is required to enter into a lease of more than 25 years.

 

In line with the strategy of re-procuring the suite of parking contracts to commence in 2023, it is necessary to continue with the current contract arrangements until the new contracts are in place. The report is to enable the award of the Business Processing & Technology Contract up to the commencement of the new suite of contracts.

 

1.           Recommendations

1.1        That Part B of this report be confidential pursuant to paragraph 3 of Schedule 12A to the Local Government Act 1972 because it contains information relating to the financial or business affairs of tenderers for the contract which is the subject of this report.

 

1.2    That the Cabinet Member for Environment and City Management approves the recommendation to award the Parking Business Processing and Technology Contract for the provision of parking technology software, back-office permit issuance, PCN management for the period from 1 May 2022 to 31 March 2023 to NSL Limited. The full contract term is 11 months at an estimated total contract cost of £5.678m (variable transaction volumes affecting final value).

 

1.3    That the Cabinet Member for Environment and City Management approves the Waiver of the Procurement Code to allow a direct award of a contract to NSL Ltd.

 

2.        Reasons for Decision 

2.1      The COVID 19 crisis has played a major impact on service delivery, with the Council’s initial response being to focus on critical and essential services. As a result, staff were diverted to deal with urgent and business critical matters. Furthermore, a number of companies had to make their employees furloughed as they tackled the economic impact of the pandemic upon their businesses. As a result, issuing re-procurements at this time may have limited supplier participation. Uncertainty brought about by the COVID 19 crisis, most notably the changes to the amount of journeys into Westminster also meant that the Council spent additional time assessing the future requirements of parking contracts that the Council would need to have in place and how this would impact on new service  models and specifications.

2.2       Following on from the strategy to remove the technology services elements  from the Business Processing and Technology Services Contract for future services, this direct award will allow time for the implementation of a new parking technology software solution to be delivered under a separate contract. The Council wants to be in a position where it is able to provide details of the software solution that underpins both the Business Processing Parking Services Contract and the People and Resources Services Contract to potential providers for new contracts which will be procured to commence in 2023.

2.3       The design of the future operating model for Parking Services has now been finalised and the project team are now at the latter stages of developing relevant procurement strategies. This is pending internal governance approval with the re-procurement to be issued shortly there afterwards once governance approvals have been obtained. Re-procured new service contracts are planned to commence from 1 April 2023, and it is necessary to have the current services provided in the interim until 1 April 2023.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Demolition of the existing buildings, construction of part 4, part 5 and part 6 storey building to create ground floor commercial space and twenty five, 1-bedroom flats with private balconies, bicycle storage, refuse storage and communal roof terrace.

 

Late representations were received from:

 

Councillor Dimoldenberg 06.03.2022

Councillor McAllister 07.03.2022

Parish of St John the Evangelist at Kensal Green 07.03.2022

WCC Affordable Housing Manager 07.03.2022

WCC Tree Memo 07.03.2022

WCC Officer Memo 08.03.2022

 

RESOLVED

 

(FOR Councillors Robert Rigby, Jim Glen, Louise Hyams and Mark Shearer: AGAINST Councillor David Boothroyd: ABSTAINED Councillor Geoff Barraclough)

 

1. Grant conditional permission, subject to the completion of a S106 legal agreement to secure:-

 

a) Provision of 25, one bedroom intermediate homes for rent, let at London Living Rents, with tenancies for a maximum period of five years.

b) A financial contribution of £7,500.00 towards the Westminster Employment Service (index linked and payable on commencement of development.

c) A financial contribution of £27,520 towards Carbon Offset Fund (index linked and payable on commencement of development).

d) All highway works immediately surrounding the site required for the development to occur prior to occupation of the development, including reinstatement of the existing vehicle crossovers (Harrow Road and St John’s Terrace) as footway and creation of on-street parking bays and electric vehicle charging point (subject to detail design and the approval of the Highway Authority). Threshold level checks prior to commencement of development. All of the above to the Council’s specification, at full cost (administrative, legal, and physical) of the developer.

e) Lifetime Car Club Membership for Residential Occupiers from first occupation of the development. (Car Club operator must be a CarPlus member).

f) Monitoring costs

 

2.If the s106 agreement has not been completed within 3 months from the date of the Committee's resolution then:

 

a) the Director of Place Shaping and Town Planning 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 Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

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

 

3. An informative requesting that terraces be kept free from clutter.

 

1.1       There were no changes to the membership.

3.1      RESOLVED:

 

That the minutes of the meeting held on 18 January 2022 be signed by the Chair as a correct record of proceedings.

 

 

 

Demolition of existing Travis Perkins building(s) on the Site at 149 Harrow Road, erection of a new building (plus basement) comprising reprovision of builder’s merchant (Sui Generis) and student accommodation (Sui Generis), ancillary community space (Sui Generis) and student amenity terraces above, together with public realm works to Harrow Road and the creation of a canal side path with landscaping. Provision of cycle parking and car parking for the builder’s merchant. Relocation of bus shelter on Harrow Road. Works associated with the creation of new public walkway under Bishops Bridge Road bridge. Installation of plant equipment photo voltaic panels and other associated works. [The development is accompanied by an Environmental Impact Assessment].

 

Additional representations were received from:

 

Mr Mark Brown - Email (18/02/2021)

Mr Bruce Blair – Letter 08/03/2021)

Mr Mark Brown - Email (24/03/2021)

Mr Bruce Blair – Letter (06/04/2021)

Mr Bruce Blair – email (24/04/2021)

Mr Mark Brown – Email (26/04/2021)

Mr Bruce Blair – Email (08/05/2021)

Mr Mark Brown – Email (10/05/2021)

Mr Bruce Blair – Email (10/05/2021)

Mr Mark Brown – email (26/05/2021)

Mr Bruce Blair – Email (01/06/2021)

Mr Bruce Blair – Email (07/06/2021)

Mr Mark Brown – Email (08/06/2021)

Mr Mark Brown – Email (26/11/2021)

Mr Bruce Blair – Email (30/11/2021)

Mr Mark Brown – (22/12/2021)

Mr Bruce Blair – Letter (05/01/2022)

Mr Joe McNally (29/07/2021)

Mariam Ali-Puttergill (29/07/2021)

Ms Kiko Thiel (14/09/21)

Dr Sumon Halder (30/09/2021)

Mr Vincent Yariv (27/10/2021)

Ms Cath Griffith (21/10/2021)

Mr James Robertson (21/10/2021)

Mr Richard Alford (25/10/2021)

Miss Alison Ross (25/10/2021)

Mr Peter Cross (26/10/2021)

Miss Rebecca Osborne (28/10/2021)

Mrs Nicky Hessenberg (29/11/2021)

Miss Karen Eaton (30/11/2021)

Mr Roger Lynn (30/11/2021)

Miss Jemma Japhet (01/12/2021)

Councillor Paul Dimoldenberg, Ms Judith Southern and Md Chowdhury (03/12/2021)

Mr Harry Aitken (03/12/2021)

Mrs Tatiana von der Pahlen (03/12/2021)

Mr Nawaz Haukim (04/12/2021)

Councillor Matthew Green (05/12/2022)

Mr Ian Bates (05/12/2022)

Mr Iain Kennedy (06/12/2021)

Ms Michelle Kathryn Essomé (07/12/2021)

Mr James Cooper (25/02/2022)

Councillor Matthew Green, Councillor Melvyn Caplan and Councillor Lorraine Dean (28/02/2022)

Ms Jan Radisic (01/03/2022)

Ms Heidi Kingstone (02/03/2022)

Miss Alex Webb (02/03/2022)

Miss Elizabeth Kynoch (03/03/2022)

Mr Jim McKinley (03/03/2022)

Ms Amelia Ali (03/03/2022)

Mr Luke Johnson (03/03/2022)

Mr John Walton (SEBRA) (03/03/2022)

Councillor Antonia Cox (04/03/2022)

 

Late representations were received from:

 

Travis Perkins and Unite Students (04/03/2022)

Ms Louise Carter (04/03/2022)

Ms Maureen Stockwell (04/03/2022)

Ms Jenny Rick-Harris (04/03/2022)

Mr Michael Will (04/03/2022)

R W Living (04/03/2022)

Mr Sebastian Nicholas Rosin (04/03/2022)

Miss Beatrice Freedman (05/03/2022)

Ms Dina Lamberton (05/03/2022)

Mr Michael McKay (05/03/2022)

Mrs Mina Bonakdar (05/03/2022)

Mr Jonathan Lass (06/03/2022)

Mr Mike Mannering (06/03/2022)

Mr Anup Karia & Mrs Shriti Karia (07/03/2022)

Mr Paul Hayes (07/03/2022)

Ms Rongchen Tang (07/03/2022)

Ms Rosalind Graham (07/03/2022)

Ms Johanna Orzechowski (07/03/2022)

Ms Kay Buxton – Paddington Partnership (07/03/2022)

Ms Ann Williams (07/03/2022)

Mr Turpin Senou (07/03/22)

Ms Alexandra Juliet Kirsta (08/03/2022)

Ms Anne Von Bennigsen 08/03/2022)

Mr John Zeiger (08/03/2022)

 

Mr Will White addressed the Sub-Committee in support of the application.

Mr Nick Pinney addressed the Sub-Committee in support of the application.

 

Mr Bruce Blair addressed the Sub-Committee in objection to the application.

Ms Usha Sarma addressed the Sub-Committee in objection to the application.

Mr John Zealley addressed the Sub-Committee in objection to the application.

Councillor Heather Acton addressed the Sub-Committee in objection to the application.

Councillor Matthew Green addressed the Sub-Committee in objection to the application.

Councillor Melvyn Caplan addressed the Sub-Committee in objection to the application.

Councillor Lorraine Dean addressed the Sub-Committee in objection to the application.

Councillor Susie Burbridge addressed the Sub-Committee in objection to the application.

 

 

RESOLVED UNANIMOUSLY 

 

Councillor Boothroyd removed himself from voting on this application.

 

Subject to referral to the Mayor of London, that permission be refused on the following grounds:

 

1.                                                                                                    Highways and Servicing

2.   Loss of light and increased sense of enclosure

 

It was also agreed that the development would be refused for a third reason, namely:

 

3.  Negative impact on the setting of adjacent heritage assets due to its height and mass.

 

 

Refurbishment and reconfiguration of the existing Bush House South West Wing including an extension at roof level, rear extension; minor demolition works associated with internal and external alterations to provide class E at ground floor and dual alternative use for either Class E (office) or Class F1 (educational) at basement, part ground floor and first to tenth floor, outdoor terraces, hard and soft landscaping and associated works.

 

Late representations were received from:

 

Blythe Dunk (08/03/2022)

Hannah Willcock (08/03/2022)

 

RESOLVED UNANIMOUSLY 

 

1. Grant conditional permission, subject to a s106 legal agreement to secure the following:

 

a) A financial contribution of £281,580 (index linked) towards the City Council's Carbon Off Set fund (payable prior to the commencement of the development);

b) Monitoring and reporting on the actual operational energy performance of the building, including as built and in-use stage data;

c) In the event the office use is implemented, a financial contribution of £132,000 (index linked) towards initiatives that provide local employment, training opportunities and skills development and supporting the Westminster Employment Service (payable prior to the commencement of the development);

d) Measures to protect the trees adjacent to the site during the works; and e) The costs of monitoring the S106 agreement.

 

2. If the legal agreement has not been completed within six weeks of the date of the Committee resolution, then:

 

a) The Director of Place Shaping and Town Planning 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 Director of Place Shaping and Town Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

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

 

1.   Amend draft condition 11 to restrict the use of roof terrace to 08:00 - 20:00hrs.

 

In line with the strategy of re-procuring the suite of parking contracts to commence in 2023, it is necessary to continue with the current contract arrangements until the new contracts are in place. The report is to enable the award of the Parking People & Resources Contract up to the commencement of the new suite of contracts.

 

1.          Recommendations

1.1        That Part B of this report be confidential pursuant to paragraph 3 of Schedule 12A to the Local Government Act 1972 because it contains information relating to the financial or business affairs of tenderers for the contract which is the subject of this report.

 

1.2    That the Cabinet Member for Environment and City Management approves the recommendation to award the Parking People & Resources Contract for the provision of parking marshal services, issuing of PCNs, on street parking suspensions services, management, uniforms and stationery for the period from 1 May 2022 to 31 March 2023 to NSL Limited. The full contract term is 11 months at an estimated total contract cost of £6.471m (variable marshal hours affecting final value).

 

1.3    That the Cabinet Member for Environment and City Management approves the Waiver of the Procurement Code to allow a direct award to NSL Limited.

 

2.        Reasons for Decision 

2.1      The COVID 19 crisis has played a major impact on service delivery, with the Council’s initial response being to focus on critical and essential services. As a result, staff were diverted to deal with urgent and business critical matters. Furthermore, a number of companies had to make their employees furloughed as they tackled the economic impact of the pandemic upon their businesses. As a result, issuing re-procurements at this time may have limited supplier participation. Uncertainty brought about by the COVID 19 crisis, most notably the changes to amount of journeys into Westminster, also meant that The Council spent additional time assessing what the future requirements of parking contracts in Westminster would need to be and how this would impact on service specifications and models.

2.2       Following on from the strategy to remove the Technology element from the Business Processing and Technology Contract, this direct award will allow time for the implementation of the Parking Technology Systems Software Solution Contract to be awarded. The Council want to be able to provide details of the software solution that underpins both the Business Processing Parking Services Contract and the People and Resources Contract to suppliers for these contracts that will commence in 2023.

2.3       The design of the future operating model for Parking Services has now been finalised and the project team are now at the latter stages of developing the tender strategy. This is pending internal governance approval with the re-procurement of relevant services to be issued shortly there afterwards. New re-procured contracts are planned to commence from 1 April 2023, and it is necessary to have continuity of these services in the interim until 1 April 2023.

 

That the amendments to the full RRO policy outlined below in section 4 be approved: such changes to be brought into effect by the Executive Director of Growth, Planning and Housing under delegated authority on a date of his choosing.

 

The decision is necessary in order to provide the Cabinet Member with a means of approving the changes to the RRO policy referred to in section 4 in in an area of responsibility delegated to the Executive Director.

Recommendations

The Cabinet Member for Finance and Smart City has approved the grant of a supplemental lease for a small parcel of land in WC2H 7NA to UKPN for circa 967 years at a peppercorn rent.

 

Reasons for Decision 

 

Due to the important nature of the substation, it is recommended that this lease is created to improve the protection of supply of power to the West End economy.

Recommendations 

The Cabinet Member for Finance and Smart City has approved: 

1.              the surrender of the existinghead-lease of 90-104 Berwick Street and the payment of monies up to £10.888million (net of VAT and insurance premium tax);  

2.              the simultaneous grant of the Retail Lease to BSS;and  

3.              the subsequent assignment of the Retail Lease by BSS to SSL and the entry by the Council into a necessary deed of covenant.  

 

Reasons for Decision 

Under the existing head-leasethe Council receives a net rent equivalent to 54.5% of the commercial income derived from the Property,which includes 11 vacant retail units.  The total income currently received totals £1 million per annum.   

 

Following the proposed surrender and grant of a new head-lease, the Council’s income will be solely derived from the letting of a new hotel within the re-development to Whitbread/Premier Inn.  This is currently the sum of £2 million with uplifts linked to the consumer price index in 2026 and every 5 years thereafter. 

 

To enter into a CASSH Contract with the GLA, following a successful funding bid application.

 

1.     Recommendations

 

1.1. That the Cabinet Member for Communities and Regeneration:

 

1.1.1.    Approves the Council to enter into the Care and Specialist Supported Housing (CASSH) grant agreement with the GLA, covering the Lisson Arches development scheme.

 

1.1.2.     Delegates to the Executive Director of Growth, Planning and Housing to agree the terms of and authority to enter into the second CASSH grant agreement, when it is brought forward by the GLA.

 

 

2.     Reasons for Decision 

 

2.1.  Following a successful funding bid application, the Council is required to enter into a Care and Specialist Supported Housing (CASSH) grant agreement with the GLA to receive the funding.

 

1.     Summary

 

1.1     This report seeks approval for the expenditure of £11,681.61 from the Marylebone High Street, St James's, Vincent Square and West End Ward Budget in order to commission:

 

(a)        Counselling and Psychotherapy 1:1 Sessions.

 

2.    Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £11,681.61 in respect of the above proposal, from the ward members of Marylebone High Street, St James's, Vincent Square and West End wards, as detailed in the report.

To approve the business plan for 2022/23 for Westminster Housing Investments Ltd and Westminster Housing Developments Ltd, also known as ‘Westminster Builds’

Recommendations 

The Cabinet Member for Adult Social Care has approved investment in 23 projects to address the impact of Covid-19, costing £3,748,124. 

 

Reasons for Decision   

The Council made the commitment to invest from public health reserves in cross-council initiatives which address the impact of Covid-19.  

 

Recommendations 

 

The Cabinet Member for Finance and Smart City has approved a gross spend of up to £16.5m for the acquisition of the freehold known as 215 Vauxhall Bridge Road.

 

Reasons for Decision     

 

The Council intends to refurbish and redevelop the Queen Mother Sports Centre in the future and this purchase will enable greater value to be derived.

 

An inspection of the plans shows that incorporating this property into the wider site of the QMSC would not only enable better access for potential works, it would also significantly improve main road frontage on Vauxhall Bridge Road making development potential greater.

 

1.     Recommendations

1.1   That you note the action taken by the City Council to resolve the breaches of planning control identified to date.

1.2  That you note the Director of Law’s decision that condition 9 was not imposed to control activities nor noise generated in the service yard and as such cannot be relied upon as a mechanism by which the planning enforcement team may seek to control noise and disturbance from activities occurring in the Service Yard.

1.3   That you note the City Council’s attempts to resolve and mitigate noise from the service yard by seeking compliance with the terms of the approved Service Management Plan, the subject of condition 12.

1.4   That you agree that the investigation into the breach of condition 25 was reasonable and proportionate and note that this condition is now being complied with and the breach of planning control resolved. 

1.5  That you note and support the action taken by the Noise Service to investigate complaints of noise nuisance and that you agree no evidence has been witnessed to date to substantiate a Statutory Nuisance being caused.

 

2.        Reasons for Decision 

 

2.1    The City Council has dealt with the alleged breaches of planning control in a reasonable, proportionate, and transparent manner having regard to development plan policies and all other material considerations. Regard has also been had to the published ministerial statements and the fact that the breaches were occurring at an unprecedented time, during the Covid 19 Pandemic.

 

2.2    The Noise Service have responded to complaints from local residents.  Where complaints have been made anonymously monitoring has been conducted from external areas and where a named complainant has been identified monitoring has been carried out from within affected properties.  To date no evidence has been witnessed to substantiate a Statutory Nuisance.

 

The report seeks approval of a NNDR discretionary scheme of NNDR allowances under the government’s new CARF scheme.

 

Recommendations 

 

The Cabinet Member for Finance and Smart City has approved the scheme as outlined in Section 5 of the report. 

 

The Cabinet Member for Finance and Smart City has approved the revised version of the Council’s “Guidelines for applications for NNDR discretionary Relief”. 

 

 

Reasons for Decision 

 

The proposed scheme seeks to support the main categories of business that have not previously received any local authority COVID-19 financial support.

 

To approve the business plan for 2022-23 for Westco Trading Ltd

To approve the appointment of a Finance Director to the Board of Westco Trading Ltd.

This report seeks approval for the total expenditure of £49,530 from the Bayswater

and Knightsbridge and Belgravia Ward Budgets in order to commission:

 

(a)             Deep Cleansing – Bayswater - £23,660

(b)             Deep Cleansing – Knightsbridge and Belgravia - £25,870

 

1.     Summary

 

1.1     This report seeks approval for the total expenditure of £42,120.00 from the Bayswater and Knightsbridge and Belgravia Ward Budgets in order to commission:

 

(a)             Deep Cleansing – Bayswater - £16,250.00

(b)             Deep Cleansing – Knightsbridge and Belgravia - £25,870.00

 

2.    Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £42,120.00 in respect of the above proposal, from the ward members of Bayswater and Knightsbridge and Belgravia wards, as detailed in the report.

    Recommendation

The Cabinet Member for Finance and Smart City has approved expenditure on further professional services of up to £2.195m to obtain the professional services support required for the project up until the end of RIBA Stage 4.
The Cabinet Member for Finance and Smart City has approved a contract with Pell Frischmann Consultants Limited (Company Reg no. 1777946) in the sum of £892,652 for engineering services.
The Cabinet Member for Finance and Smart City has approved the strategy to appoint a suitably qualified contractor initially based on a Pre-Construction Services Agreement to provide expert advice on the deliverability of the project.
Reasons for Decision
Renovation of the Seymour Leisure Centre has been considered for a number of years.  The council have committed to the relocation of Marylebone Library from its current leasehold base to a permanent new home within the Seymour Centre.  The creation of a new Seymour Centre provides further opportunity for combining other council services into a single council space and will be a flagship project to benefit local communities.
In order to progress the project now it is necessary to appoint engineers and other professional services in order to progress the analysis of options currently being worked up for the Centre.

 

RECOMMENDATION

The Cabinet Member for Adult Social Care and Public Health has approved the contract award for delivering the Sexual Health Promotion, Prevention and Support Service to Turning Point Service Ltd for a period of three years with the option to extend for a further two years.

 

The Cabinet Member for Adult Social Care and Public Health has delegated approval to exercise the option to extend the contract to the Executive Director of Adult Social Care.  

 

REASONS FOR DECISION

The local authority has had commissioning responsibility for the current contract which ends in March 2022.

 

Summary of Decision

 

That the expenditure of £14,000 to commission the Pimlico Neighbourhood Forum be approved.

 

Reason for Decision

 

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

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:	2 March 2021
Implementation Date:	2 March 2021
Reference:	CMfC&R/4/020/21

 

1.     Summary

 

1.1     This report seeks approval for the expenditure of £60,600.00 from the Little Venice Ward Budget in order to commission:

 

(a)             Bike Hanger Sites - £12,600.00

(b)             Fleming Court – Road Works £33,000.00

(c)             Crompton Street Doctor Bays £15,000.00

 

2.    Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £60,000.00 in respect of the above proposal, from the ward members of Little Venice ward, as detailed in the report.

1.     Summary

 

1.1     This report seeks approval for the expenditure of £81,562.95 from the Bryanston and Dorset Square Ward Budget in order to commission:

 

(a)             x10 planters in ward

(b)             Air Filter System

(c)             Air Quality Monitoring 

(d)             Forest Area in Playground

 

2.    Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £81,562.95 in respect of the above proposal, from the ward members of Bryanston and Dorset Square ward, as detailed in the report.

Approval of Expenditure from the Ward Budget of Lancaster Gate

1.     Summary

 

1.1     This report seeks approval for the expenditure of £20,070.00 from the Lancaster Gate Ward Budget in order to commission:

 

(a)   The planters from Windowflowers in Bishops Bridge Road.

 

2.   Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £20,070.00 in respect of the above proposal, from the ward members of Lancaster Gate ward as detailed in the report.

Recommendation

 

That the Cabinet Member for Communities and Regeneration approves the release of funds in the amount of £49,508.00 in respect of the above proposal, from the ward members of Lancaster Gate ward(s), as detailed in the report.

Notes the outcome of the soft market testing

exercise and the updated feasibility work which will

be undertaken in advance of a recommendation on

the preferred delivery route.

Recommendations

That the Cabinet Member for Finance and Smart City has:

Noted the outcome of the soft market testing exercise and the updated feasibility work which will be undertaken in advance of a recommendation on the preferred delivery route.

Noted that soft market testing corroborated the view raised by the Cabinet Member in Autumn of 2021 that ‘the Casino should be withdrawn from future proposals’. Consequently, a casino offering has been removed from future feasibility appraisals.

Reasons for Decision

The soft market testing exercise was approved in July 2021 to inform the preferred delivery route.  This report notes the outcome of that exercise and the next stage of the project, namely, to update the work to consider the best delivery route taking account of market feedback.

 

           This report contains recommendations from the Virtual Discretionary Housing  Payment Review Advisory Panel meeting on 8 February 2022 relating to the review of decisions made in respect of claims for a Discretionary Housing Payment.

 

The Cabinet Member has approved the recommendations of the Virtual Discretionary Housing Payment Review Advisory Panel meeting of 8 February 2022.

 

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

 

Reasons for Decision 

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

 

Reduced fees for certain categories of planning pre-application fees.

1.         Recommendations

 

1.1       That the Cabinet Member for Business, Licensing and Planning agrees the amendments to the scheme of charges for pre-application advice as set out in the report below and in the Table at Appendix 1

 

2.         Reasons for Decision 

 

2.1.      To enable householders to access planning pre-application advice on retrofitting to improve the energy efficiency and sustainability of their homes, supporting delivery of the Climate Emergency Action Plan and City Plan targets.

 

1.0      RECOMMENDATIONS

1.1      That the Cabinet Member for Business, Licensing and Planning agrees to formally adopt the Environmental Supplementary Planning Document as a Local Development Document.

 

2.0      REASONS FOR DECISION 

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

 

2.2      Adopting the ESPD will give it full weight as a material consideration in decisions on planning applications.

 

The proposed average rent increase in 2022/23 is 4.1% which would equate to £5.19 per week. The Rents for Social Housing policy for 2022/23 permits annual rent increases of up to consumer price index (CPI) plus 1% (CPI is based on the CPI in September 2021).

 

1.                 Recommendations

 

1.1            That in order to comply with the provisions of The Rents for Social Housing policy for 2022/23, the Cabinet Member for Housing Services approves an increase of that HRA rents by 4.1% from the 4April 2022. This is the maximum permitted under the Rent Cap 2022/2023.

1.2            That the Cabinet Member for Housing Services notes 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 4 April2022.

1.3            That the Cabinet Member for Housing Services gives approval for tenant service charges to be varied in line with estimated actual costs for 2022/2023 from Monday 4April 2022.

1.4            That the Cabinet Member for City Management gives approval to stay any changes for charges for car parking and parking spaces pending a further review in 2022/2023.

1.5            That the Cabinet Member for Housing Services gives approval for charges for sheds and garages to be increased by 4.9% (RPI as at September 2021) from Monday 4April 2022 with a review to follow in 2022/2023.

1.6            The previously agreed approach for the calculation of the Block Cleaning (BCCN) and Estate Contract Cleaning (ECCN) element of service charge is maintained with the costs being pooled. This approach will be reviewed annually and also when the contract is re-let.

 

2.                 rEASONS FOR DECISION

 

2.1            To set the HRA tenant rents and other charges for the financial year 2022/23. The City Council is required by law to give tenants at least 28 days’ notice of any variation to the rentcharged.

 

Purchase of properties by the council for use as accommodation for former rough sleepers.

1.        Recommendations

 

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

 

1.2     That the Cabinet Member for Housing and the Cabinet Member for Finance and Smart City

 

 

1.3      Approves the Council entering a grant and revenue funding agreement with the GLA in order to secure capital grant funding of £1.310m towards the delivery of 10 self- contained interim homes for former Westminster rough sleepers and revenue funding of £112k to provide floating support towards clients accommodated in these homes.

 

1.4     The availability of capital funding for this programme including the council’s own funding of £874k as set out within the Council’s capital programme is noted

 

 

2.        Reasons for Decision 

 

2.1      Funding from the GLA supports WCC strategic approach to the               

           resettlement offer for rough sleepers and a route away from the

           streets. For many rough sleepers resettlement has typically been

           achieved in stages, with clients moving from hostels to supported

           housing before being given the opportunity to live independently.  

           This provision of accommodation allows WCC to start the process of

           reconfiguring the expansion of accommodation available and ensure

           that an appropriate and timely range of move on options is available.

 

2.2      This programme will ensure former rough sleepers are provided with settled accommodation that is owned by WCC with the necessary wrap around support needed to develop the life skills of clients in readiness for move on into private sector accommodation.

 

2.3      Capital funding provided will increase the number of homes that can be purchased for former rough sleepers that will provide interim move accommodation for rough sleepers preventing their return to the streets and at rents that are affordable to this client group.

 

2.4      The revenue support provided will ensure wrap around support can be provided to clients while accommodated in these homes and to prepare them for an onward move into the private sector.

 

WESTMINSTER CITY COUNCIL 

 

STATEMENT OF DECISION 

 

SUBJECT:

RATING ADVISORY PANEL 25TH JANUARY 2022: DETERMINATION OF NATIONAL NON-DOMESTIC RATES DISCRETIONARY AND HARDSHIP RELIEF APPLICATIONS

 

Notice is hereby given that the Cabinet Member for Finance and Smart City has made the following executive decision on the above-mentioned subject for the reasons set out below. 

 

 

Summary of Decision 

 

That the Cabinet Member approved the recommendations of the Rating    Advisory Panel held on 25^th January 2022 and determined the applications for NNDR Discretionary and Hardship relief set out in Appendix A of the report.? 

 

This report and appendices are exempted 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.? 

 

 

Reasons for Decision 

 

This report contains recommendations from the Rating Advisory Panel in respect of applications for Hardship and Discretionary relief from National Non-Domestic Rates (NNDR).? 

? 

 

 

 

 

Stuart Love, Chief Executive, 

Westminster City Hall, 

64 Victoria Street 

LONDON  SW1E 6QP 

 

Publication Date:	21 February 2022
Implementation Date:	21 February 2022
Reference:	FSC22-06

 

 

A variation to the scope of works to bring about an improvement to the sustainability of the schemes.

 

1.        Recommendations

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

1.2    That the Cabinet Members:

·      Confirm that Officers should proceed with Option C.

 

·      Authorise the change from traditional gas heating systems to a more sustainable air source heat pump heating solution regarding the 28 homes at the Ashbridge and Ashmill sites as recommended by Option C.

 

·      Approve £1.052m of additional budget at the Ashbridge and Ashmill sites to include and cover:

·               Design, Planning and Legal fees, Re-Works (where necessary), Structural Works, Extension of Time including Expense and Contingency

·               Completion of any Legal agreements or variations to permit this change in heating system

·               Consultant fees

 

·      Authorise £1.052m to be applied for from HRA central capital contingency to cover the additional budget request.

 

·      Delegate authority to the Executive Director of Growth Planning and Housing working with the Director of Law to:

·               Approve all necessary legal documentation and variations as required for the project. This is including but not limited to, making variations required to the construction contract in order to enable this change

 

 

2.        Reasons for Decision 

 

2.1      Approval of the recommendations contained within this report will help support the Council’s climate emergency (declared in September 2019) and commitment to achieve net zero carbon emissions from Council operations by 2030 and across the City by 2040.  As highlighted in the Council’s climate action plan (2021-2040), baseline emissions need to reduce by 8.3% pa (3,700 tonnes CO₂e) to achieve this 2030 net zero target.

 

2.2   This climate action plan states that Westminster has some of the highest

      carbon emissions in the UK, with 15% coming from residential buildings. Therefore, new Council led developments coming forward need to look to reduce carbon emissions where possible.

 

2.3  Cabinet Member approval is now required across the Ashbridge and Ashmill sites to prevent further abortive works from happening, which unless acted upon imminently will add to further delays to the construction programme and increase scheme costs. These sites will be required to seek necessary planning applications/variations, complete any legal agreements or variations with contractor/suppliers and carry out works to implement the more sustainable air source heat pump heating systems.

 

3.4 Cabinet Member approval is now required to enable officers to instruct for this change to a more sustainable heating solution to take place. Cabinet Member authority is also required to seek funds from HRA central capital contingency to finance these changes.

 

1.        Recommendations

1.1      That the Cabinet Member for City Management approves the following recommendations.

1.2      That the detailed proposals for the Highways PPM programme for 2022/23 at an estimated gross cost of £8,730,000 as detailed in Section 5.1 and Appendix A be approved.

 

1.3      That the detailed proposals for Public Lighting PPM programme for 2022/23 at an estimated gross cost of £ 6,648,000, as detailed in Section 5.3 and Appendix D, be approved.

 

1.4      That the detailed proposals for the Bridges and Structures PPM programme for 2022/23 at an estimated gross cost of £1,485,000, as detailed in Section 5.2 be approved.

 

1.5      That the gross capital expenditure of £16,863,000 (net capital expenditure of £16,163,000) for 2022/23.

 

1.6      That the Cabinet Member for City Management delegates to the Director for City Highways 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.

 

2.        Reasons for Decision 

 

2.1      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.

 

2.2      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.

 

2.3      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 2022/23.

 

2.4      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.

 

The report sets out amendments to Appendix 2, Long list of fees and charges, of the Fees and Charges report approved by Cabinet in December 2021.

1.     Recommendations

1.1. That the Cabinet Member for City Management:

1.1.1.  Approves the revisions to the original Appendix 2: Long list of fees, as detailed at Appendix 1 to this report.

2.     Reasons for Decision 

2.1. The Fees and Charges report, including an appendix containing the schedule of proposed changes to Council fees and charges, was agreed by Cabinet in December 2021.

2.2. Subsequent to Cabinet decision, errors have been identified within a data set of charges set out in Appendix 2 of the report.

2.3. The affected charges have now been corrected (see Appendix 1 to this report) and corrections have been made to the original Appendix 2: Long List of Fees, approved by Cabinet in December 2021.

 

Councillor Swaddle introduced this budget report and explained that as part of the Council’s annual capital budget cycle, the capital budgets are reprofiled to align with project delivery timeframes and baselines in preparation for setting the following year’s capital strategy.

 

The report seeks Cabinet’s approval of net changes amounting to £17.148m for individual projects as part of the 2021/22 general fund capital budget as well as the re-profiling of £31.858m for individual projects as part of the 2021/22 HRA capital budget. 

 

Councillor Barnes sought assurance that no projects were at risk of having funding dropped and it was explained that there would be minor delays only.

 

Resolved: Cabinet agree to approve net changes of £17.148m for individual projects as part of the 2021/22 general fund capital budget and the re-profiling of £31.858m for individual projects as part of the 2021/22 HRA capital budget

The Cabinet Member for Finance and Smart City has approved the nomination for a Westminster Commemorative Green Plaque to the Royal Dental Hospital and School of Dental Surgery at the Edwardian Hampshire Hotel, 31-36 Leicester Square, WC2H 7LH.

Reasons for decision

 

The Dental Hospital of London, later to become the Royal Dental Hospital of London and School of Dental Surgery, was the first clinical training establishment for dentists, making it the oldest dental school in the UK.

 

Westminster City Council will receive a 4^th tranche of funding, the amount of which is yet to be confirmed by BEIS. This Cabinet Member Report seeks approval from Cabinet Members to utilise this new tranche of funding to support those businesses most impacted by the new variant.

 

The Cabinet Member for Finance and Smart City has agreed:

1.     That the proposal as outlined in Section 5 of this report is approved:

·       Utilise the Additional Revenue Grant (ARG) tranche 4 top-up allocation to award top-up grants to eligible business groups through ARG rounds 1 and 2.

 

2.     That delegated authority be granted to the Executive Director for Finance and Resources and the Executive Director for Growth, Planning and Housing in the event of underspend to:

·       Accordingly re-allocate funding from ARG tranche 3, or tranche 4 to any approved ARG scheme to be able to meet the 31 March 2022 defrayal deadline date.

 

Reasons for Decision

 

The proposals outlined in section 5 of this report seek to provide the most appropriate methods to administer the ARG funding and ensure that the right type of support is provided to the most impacted business groups of the Omicron variant, whilst meeting the deadline date set by the Department for Business, Energy and Industrial Strategy (BEIS) of 31 March 2022 for the full funding allocation to be defrayed.

 

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

 

National Health Service Act 2006 and the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2006 provide for the local authorities and NHS bodies (including the CCG) to be able to enter into partnership agreement to manage and maintain pooled funds for health-related integrated services delivery.

 

The key decision will enable Westminster to enter in to the s75 Partnership Agreement.

Decision

 

The Cabinet Member for Adult Social Care and Public Health has agreed to delegate  authority to the Executive Director for Adult Social Care and Public Health to: 
 

1. Negotiate and finalise the terms for the Section 75 Agreement for Better Care Funded Services between the City of Westminster and the North West London Clinical Commissioning Group (and any successor body); and 

 

2. Negotiate and finalise appropriate terms for any variations to the Section 75 Agreement for Better Care Funded Services, in consultation with the Cabinet Member for Adult Social Care and Public Health. 

 

Reasons for Decision   

 

1.     One of the most ambitious programmes ever introduced across the NHS and local government, the BCF encourages integration by requiring CCGs and local authorities to enter into pooled budget arrangements and agree an integrated spending plan. The BCF national condition for grant funding is that a signed Section 75 Agreement is in place between the Local Authority and the CCG. If this condition is not met, NHS England is able to direct the CCG in our Health and Wellbeing Board area as to the use of the funding. 

 

2.     With the recent changes in the NHS West London Clinical Commissioning Group to NHS North West London Clinical Commissioning Group there is a need to have a new Section 75 Agreement in place. 

 

3.     A Cabinet Member decision is required as the local authority will be incurring expenditure which is, or the making of savings which are, significant having regard to the relevant local authority’s budget for the service or function to which the decision relates or has significant local impact on communities living across two or more wards of the borough. 

 

Cabinet Member approval sought for quarterly write-offs.

Decision

The Cabinet Member for Finance and Smart City has agreed:

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, having taken all appropriate action, debts over £100k as set out in section 5, are approved for write off.

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

 

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 court and distress proceedings.

 

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

 

2.     That the Cabinet Member approves the recommendations of the Rating Advisory Panel held on 7^th December 2021 and determines the applications for NNDR Discretionary and Hardship relief set out in Appendix A.

 

Reasons for Decision

 

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

 

 

Decision to approve implementation of the proposed approach to resident engagement for 2021-24.

 

1.     Recommendations

1.1.That the Cabinet Member approves implementation of the proposed approach to resident engagement for 2022-25 (Appendix 1) by way of a statement of decision.

Over the coming months the planned approach to implementation would involve working step by step with involved residents to pilot Local Briefings, revitalise our email survey group (Westminster Housing Online), and establish the Policy and Performance Group. Residents on the Policy and Performance Group would then help prioritise topics or projects to be undertaken by future working groups.

1.2.That the Cabinet Member approves the content of the Consultation Findings Report for communication with residents and other stakeholders (Appendix 3).

2.     Reasons for Decision 

2.1.To allow implementation of robust and flexible new formal resident engagement options that will facilitate effective consultation with residents on the housing service, and

2.2.To allow communication of the consultation outcome and planned approach to residents and other stakeholders.

 

Transferring 9 intermediate homes from Parson North Development to Westminster Builds.

 

1.          Recommendations

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

1.2.        That the Cabinet Member for Communities and Regeneration:

2.2.1 Notes Westminster Builds’ Board decision of 4th November 2021 for the Company to acquire and then rent the 9 Intermediate rent homes at Parsons North.

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

2.2.3 Approves a S106 modification application to be submitted to the local planning authority to enter into a new Unilateral Undertaking which will enable the Council to transfer the 9 Intermediate Rent Homes to Westminster Builds. As the Council cannot contract with itself, any variations required will be incorporated into the new Unilateral Undertaking rather than a deed of variation.

2.2.4 To delegate the authority to approve and enter into any Deed of Variation and legal documentation enabling the recommendation in 2.3.2 above to the Executive Director of Growth Planning and Housing.

1.3.        That the Cabinet Member for Communities and Regeneration in consultation with the Cabinet Member for Housing:

2.3.1Approves for the Council to dispose of the 9 Intermediate Rent homes at Parson’s North to its subsidiary Westminster Housing Investments Limited (WHIL) for a consideration equal to its market value as per RICS Red Book valuation by way of a 125-year lease at a peppercorn rent.

2.3.2Delegates the authority to approve and enter into any legal documentation ancillary to or required to facilitate the recommendation in 2.3.4 above to the Executive Director of Growth, Planning and Housing, the Executive Director of Finance and Resources and the Director of Law where appropriate.

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

2.4.1 Approval for the general fund to invest £2.345m into Westminster Builds, consisting of £1.524m of Debt and £0.821m of shareholder loans.

2.4.2 Delegation of the final negotiation of detailed terms and execution of financial documents to Executive Director of Finance and Resources.

2.4.3 Delegates the authority to approve and enter into any indemnities if necessary as part of the disposal.

 

2.          Reasons for Decisions

2.1.        Westminster Builds (WB) is the trading name for the Council’s subsidiary Westminster Housing Investments Limited (WHIL) and WHIL’s subsidiary Westminster Housing Developments Limited (WHDL). WHIL is the active party in the proposed transaction and therefore references within this report to WB can be interpreted as references to WHIL.

2.2.        Intermediate Rent housing cannot be efficiently held in the HRA and would normally be sold to a registered provider such as Westminster Community Homes. As WB’s business plan sets out it is preferable for the Council to instead sell Intermediate homes to WHIL, retaining the long-term ownership within the Council group.

2.3.        The drafted S106 for the development was completed in November 2019 and its current form does not enable WB to own and operate homes and therefore requires amendments Officers have had informal discussions with the local planning authority as to suitable amendments to the s.106 agreement and an application will be made to the local planning authority to make a variation to s.106 if the recommendation with this report is approved.

2.4.        In addition to the approval for the Council to sell its assets, authority is required from the Council, acting as WB’s shareholder, to authorise the company to acquire the homes. This acquisition is funded by debt and shareholder loans from the Council.

 

Decision:

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

 

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

 

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

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

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

 

Reasons for decision:

 

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

 

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

 

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

 

Decision

 

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

 

 

Reasons for Decision

 

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

 

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

 

 

1.        Recommendations

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

 

2.        Reasons for Decision 

 

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

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

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

 

Recommendation

 

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

Recommendation

 

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

1.        Recommendations

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1.2      Recommendations for the Cabinet Member for Housing:

 

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

 

1.3      Recommendations for the Cabinet Member for Communities and Regeneration:

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

 

2.        Reasons for Decision 

 

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

 

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

 

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

 

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

 

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

 

6.3       Members held discussion and noted the following: -

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

RESOLVED:

 

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

 

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

 

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

 

 

 

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

 

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

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

1.                  Recommendations

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

 

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

 

2.               Reasons for Decision

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

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

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

 

Decision

The Cabinet Member for Finance and Smart City has approved:

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

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

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

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

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

Reasons for the Decision

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

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

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

a.     Economic Well-Being of the area

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

ii.               Providing the Council with additional affordable housing; and

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

b.     Social Well-Being of the area

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

c.     Environmental Well-Being of the area

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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