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Decisions

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

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

Earlier - Later

Decisions published

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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 24/04/2019

Effective from: 24/04/2019

Decision:

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

 

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

 

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

 

Reasons for Decision 

 

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

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Philip Owen


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

Cabinet Member approvals sought.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 23/04/2019

Effective from: 01/05/2019

Decision:

Recommendations

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

 

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

Reasons for Decision

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

 

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

 

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

 

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

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

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

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

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

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

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


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration:

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

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

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

 

Reasons for Decision

 

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


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

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

 

Reasons for Decision 

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

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


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

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

Decision published: 12/04/2019

Effective from: 12/04/2019

Decision:

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

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

 

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

 

 

 

 

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

 

Declaration of Interest

 

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

Lead officer: Jackie Saddington


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

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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 11/04/2019

Effective from: 11/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Reasons for Decisions

 

The drivers for decision making are:

 

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

 

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

 

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

 

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

 

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

 

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

 


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

Decision Maker: Licensing Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 14/03/2019

Decision:

 

 

 LICENSING SUB-COMMITTEE No. 1

Thursday 14th March 2019

 

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

 

Legal Adviser:             Barry Panto

Policy Adviser:            Kerry Simpkin

Committee Officer:      Tristan Fieldsend

Presenting Officer:      Kevin Jackaman

                                   

 

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

 

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

 

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

19/01149/LIPV

 

1.

Late Night Refreshment – Indoors and Outdoors

 

Current:

 

Monday to Saturday: 23:00 to 00:00

 

Proposed:

 

Monday to Sunday: 23:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2.

Hours Premises are Open to the Public

 

Current:

 

Monday to Sunday: 10:00 to 00:00

 

 

Proposed:

 

Monday to Sunday: 10:00 to 02:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

 

 

 

 

 

Wards affected: Lancaster Gate;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

The presenting officer tabled the following decision letters:

 

Application 1:

 

 

 

1

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

2

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

3

 

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

 

 

 

 

 

Reason:

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

 

 

 

4

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

5

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

6

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

7

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

8

 

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

 

 

 

 

 

Reason:

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

 

 

 

9

 

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

 

 

 

 

 

Reason:

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

 

 

 

10

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

11

 

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

 

 

 

 

 

Reason:

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

 

 

 

12

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

13

 

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

 

 

 

 

 

Reason:

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

 

 

 

14

 

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

 

 

 

 

 

Reason:

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

 

 

 

Informatives:

 

 

1

 

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

 

 

 

2

 

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

 

 

 

3

 

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

 

 

 

4

 

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

 

 

 

5

 

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

 

 

 

6

 

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

 

 

 

7

 

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

 

 

 

8

 

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

 

 

 

9

 

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

 

 

 

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

 

Application 2:

 

 

1

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

2

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

3

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

4

 

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

 

 

 

 

 

Reason:

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

 

 

 

5

 

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

 

 

 

 

 

Reason:

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

 

 

 

6

 

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

 

 

 

 

 

Reason:

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

 

 

 

7

 

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

 

 

 

 

 

Reason:

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

 

 

 

8

 

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

 

 

 

 

 

Reason:

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

 

 

 

9

 

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

 

 

 

 

 

Reason:

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

 

 

 

10

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

11

 

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

 

 

 

 

 

Reason:

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

 

 

 

Informatives:

 

 

1

 

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

 

 

 

2

 

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

 

 

 

3

 

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

 

 

 

4

 

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

 

 

 

5

 

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

 

 

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

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

Wards affected: West End;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

Application withdrawn by the applicant.

Wards affected: West End;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

Wards affected: Tachbrook;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted.

Wards affected: St James's;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Erection of two rear dormer windows.

 

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

Wards affected: Lancaster Gate;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

The presenting officer tabled the following amendment to condition 28:

 

Amended Condition 28

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

a)            Obligations set out in the original legal agreement:

 

i)             Provision of car parking on an unallocated basis.

 

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

 

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

 

iv)           Crossrail planning obligation

 

b)        Additional obligations:

 

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

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

 

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

 

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

 

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

Wards affected: Hyde Park;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 16/04/2019

Decision:

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

 

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

 

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

 

Reasons for Decision

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

 


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 08/04/2019

Decision:

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

Reasons for Decision 

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

 


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

The Chair moved and it was

 

RESOLVED:

 

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


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

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

 


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

 

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

 

2.2       There were no further changes to the Membership

 

2.3       Councillor Geoff Barraclough arrived at 6.40pm


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

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

 

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

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

 

Reasons for Decisions 

 

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

 

Wards affected: Westbourne;


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

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

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

Decision Maker: Cabinet Member for Hsg Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

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

 

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

 

Reasons for Decisions 

 

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

 

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

 

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

 

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

 

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

 

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

 

Wards affected: Church Street; Churchill;

Lead officer: Jonathan Cooper


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 26/03/2019

Effective from: 03/04/2019

Decision:

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

 

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

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

Reasons for Decision 

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


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 25/03/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision

 

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

 

 


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

Cabinet Member approval sought for recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/03/2019

Effective from: 22/03/2019

Decision:

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

           

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

 

Reasons for Decision 

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


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

Cabinet Member approval sought for contract extensions.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 22/03/2019

Effective from: 30/03/2019

Decision:

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

 

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

 

Reasons for Decision 

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

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

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


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

Officer Report

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

1.            That Appendix A of the report be exempt from disclosure as it involves the disclosure of information as prescribed by paragraph 3 of Part 1 of Schedule12a to the Local Government Act 1972, (as amended), in that they contain information relating to the financial or business affairs of any particular person (including the authority).

 

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

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

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

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

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

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

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

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

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

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

Reasons for Decision

 

1.            The Ebury Bridge Estate is one of the five priority estates identified in the Council’s Housing Renewal Strategy (2010) as needing significant improvement and investment.  In line with the Council’s City for All objectives, the overarching objective of regenerating Ebury Bridge Estate is to create a comprehensive renewal that brings about physical, economic and sustainable change that creates additional homes and improves the lives of residents, businesses and visitors alike.  Good progress has been made to date in enabling the scheme and the proposals in this report will maintain that momentum and commence delivery of the Council’s promises to the existing community.

 

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

1)     The regeneration should be a Council led,

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

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

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

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

 

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

Wards affected: Churchill;

Lead officer: David Thompson


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

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

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

 

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

 

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

 

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

 

Reasons for Decision 

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

 

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

 

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

 

Wards affected: (All Wards);

Lead officer: Darren Montague


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

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 21/03/2019

Decision:

Recommendations

 

1         That Cabinet Member noted the receipt of the petition.

 

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

 

Reasons

 

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

 

Wards affected: Bryanston and Dorset Square;

Lead officer: Anju Banga


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

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


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

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

Decision Maker: Cabinet Member for Hsg Services

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

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

 

Reasons for Decision 

 

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

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

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

Wards affected: (All Wards);

Lead officer: Jonathan Cowie


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision

 

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

 

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

 

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

 

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

 

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

Wards affected: (All Wards);

Lead officer: Neil Walker


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

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

 

Reasons for Decision

 

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


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

Cabinet Member approval sought to secure borrowing.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

 

Reasons for Decision 

 

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

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


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

Officer Report.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 11/03/2019

Effective from: 11/03/2019

Decision:

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

Reasons for Decision

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

 

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

Wards affected: (All Wards);

Lead officer: Daniel Peattie


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

Cabinet Member approval sought to approve recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/03/2019

Effective from: 08/03/2019

Decision:

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

           

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

 

Reasons for Decision 

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


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

Annual Capital programme for Highways, Lighting and Structures

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 05/03/2019

Effective from: 20/03/2019

Decision:

2.              Recommendations

That the Cabinet Member for Environment and City Management approved:

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

 

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

 

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

 

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

 

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

 

3.              Reasons for Decision

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

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

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

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

 

Wards affected: (All Wards);

Lead officer: Andy Foster


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

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

 

Decision Maker: Leader of the Council

Decision published: 03/03/2019

Effective from: 03/03/2019

Decision:

That the Leader of the Council approvesthat:

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

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

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

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

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

 

 

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

 

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

 

Wards affected: (All Wards);

Lead officer: Lucy Hoyte


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

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

Decision published: 26/02/2019

Effective from: 26/02/2019

Decision:

 

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

 

 

 

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

 

Lead officer: Greg Ward


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/02/2019

Effective from: 22/02/2019

Decision:

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

 

 

 

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

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Hsg Services

Decision published: 14/02/2019

Effective from: 22/02/2019

Decision:

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

 

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

 

 

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

 

Reasons for Decision 

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

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


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

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

Decision Maker: Cabinet Member for Hsg Services

Decision published: 13/02/2019

Effective from: 21/02/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision

 

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

 

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

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

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

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

 

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

 

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

 

Wards affected: (All Wards);

Lead officer: Greg Roberts


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

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

Decision Maker: Cabinet Member for Hsg Services

Decision published: 13/02/2019

Effective from: 19/02/2019

Decision:

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

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

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

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

Reasons for Decision

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

Wards affected: (All Wards);

Lead officer: Daniel Peattie


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

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 13/02/2019

Effective from: 13/02/2019

Decision:

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

 

Reasons for Decision

 

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

 

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

 

Lead officer: Janis Best


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

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

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 13/02/2019

Effective from: 13/02/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

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

 

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

 

Summary of Decision

 

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

 

Reasons for Decision

 

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

 

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

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

8 February 2019

Implementation Date:

8 February 2019

Reference:

 

CMfSC&CL/2/2018/2019

 

Wards affected: St James's;

Lead officer: Claire Appleby


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

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

That the Cabinet Member for Place Shaping and Planning approved:

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

o   proof of age and nationality;

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

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

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

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

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

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

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

Reasons for Decision

 

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

 

Lead officer: Michela Leoni


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

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

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

 

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

 

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

 

Reason for Decision

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

 

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

Lead officer: Kimberley Hopkins


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

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

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

Summary of Decision

 

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

 

Reasons for Decision

 

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

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

 

Lead officer: Ian Heggs


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

Cabinet Member approval sought for relocation of Waste Vehicle Depot.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/02/2019

Effective from: 31/01/2019

Decision:

1.            That this report be exempt from disclosure by virtue of the Local GovernmentAct1972 Schedule 12A, Part 1, paragraph 3 (as amended), in that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information).

2.        That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Investment and Estates to complete the lease for Landmann Way and secure the long-term position for the Council’s waste depot service.

 

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

 

Reasons for Decision

 

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

 

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

 

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

 


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 31/01/2019

Effective from: 08/02/2019

Decision:

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

 

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

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

 

Reasons for Decision 

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

 


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

Cabinet Member approval sought for development of sites.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 31/01/2019

Effective from: 08/02/2019

Decision:

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

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

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

·         Direct development of all three sites by the council

·         Development to proceed as soon as possible

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for the Decision

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

 


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

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

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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 24/01/2019

Effective from: 01/02/2019

Decision:

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

 

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

 

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

 

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

 

2     REASONS FOR DECISION 

 

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

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

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

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

 

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

·      Prime Ministers Challenge on Dementia 2020.

·      England’s National Dementia Strategy.

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

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

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

 

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

Wards affected: (All Wards);

Lead officer: Sharon Thurley


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 16/01/2019

Effective from: 16/01/2019

Decision:

 

Summary of Decision

 

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

 

Reasons for Decision

 

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

 

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

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

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

·         Where necessary, comment individual applications.

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

·         Influence the expenditure of CIL and Section 106 monies.

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

 


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

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 16/01/2019

Effective from: 17/01/2019

Decision:

 

 

 

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

 

 

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

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

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

 

Publication Date:

16 January 2019

Implementation Date:

23 January 2019 at 5pm

Reference:

 

CMfSC&CL/1/2018/2019

 

Lead officer: Julia Corkey


21/12/2018 - Award of Contract - expansion works at King Solomon Academy/Paddington Green School ref: 983    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 04/01/2019

Decision:

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

 

That the contract be awarded as outlined in the report.

 

That the Director of Law be authorised to negotiate and sign the following agreements – a pre-construction services agreement, a minor works contract and a design and build contract and, with Ark Schools, – a Development Agreement.

 

 

As part of the Council’s approved Secondary School Expansion programme, Paddington Green Primary School and King Solomon Academy are subject to a building project. This will enable the Council to fulfil its statutory duty to provide a school place for every child who needs one in its area.

 

The proposed contract value is within the programme budget negotiated with the School and ARK. Overall expenditure is in line with the Pre Tender Estimate and has been verified by Finance.

 

 

 

Lead officer: Alan Wharton


21/12/2018 - Appointment of Local Authority School Governor ref: 981    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 21/12/2018

Decision:

 

1.         That the appendix to the report be exempt from public disclosure by virtue of paragraph 1 of Schedule 12a of the Local Government Act 1972 (as amended) – Information Relating to a Particular Individual.

 

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

 

 

Every maintained school governing body must contain at least one local authority appointed school governor.

 

Lead officer: Jackie Saddington


21/12/2018 - Expenditure from the Ward Budget for Knightsbridge and Belgravia ref: 980    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 21/12/2018

Decision:

 

That the expenditure of £46,000 in order to commission one Basement Enforcement Officer dedicated to Knightsbridge and Belgravia for one year be agreed.

 

 

The expenditure will help address the priority of improving local amenities within the Knightsbridge and Belgravia Ward.

 

 

 

Lead officer: Janis Best


21/12/2018 - Agilisys Lot 2 Contract Extension ref: 979    Recommendations Approved

Cabinet Member approval sought for extension of contract for Agilisys ICT Lot 2 contract.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 21/12/2018

Effective from: 03/01/2019

Decision:

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

 

2.         That the Cabinet Member approved the extension ICT Framework Lot 2 (IT Service Desk) Call off contract from May 2019 to May 2022 which would be done via the issuing of a Contract Change Notification (CCN) to the existing contractor.

 

3.         That the Cabinet Member for Housing and Customer Services noted the total value of the extension for the 3 years for the sum as set out in the report and that if the Council decides to take some services in-house at some point within the 3 year period, then this figure is expected to reduce.

 

Reasons for Decision 

 

1.            This service is required for day-to-day operation of the ICT provision for the Council.

 

2.            Extension of this contract aligns with the strategic vision in that it allows the Council to reduce/end consumption of the service without any financial penalties as IT Service Desk demand reduces, due to planned initiatives like Bi-borough tech bar and Bi-borough IT Service Management toolset deployment.


21/12/2018 - Extension of existing CityWest Homes cleaning and grounds maintenance contracts for the South and Central areas and interim award for cleaning, grounds maintenance and concierge services for the North and West areas ref: 978    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 21/12/2018

Effective from: 03/01/2019

Decision:

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

 

2.            That the Cabinet Member for Housing and Customer Services approved the contract extensions to the preferred bidders for the period 7 December 2018 to 31 March 2019 in respect of block and estate cleaning and window cleaning (South and Central areas), grounds maintenance (South and Central areas) and housing and estate management to provide cleaning, grounds maintenance and concierge services only (North and West areas) for the costs as set out in the report.

 

Reasons for Decision 

 

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

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

3.         Concierge services, required for the preservation of security in high rise, multiple dwelling blocks as requested and voted upon by residents where they are in operation, in accordance with Council policy.


18/12/2018 - London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs. ref: 977    Recommendations Approved

Authority sought for use of London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs to improve the lighting and signing of Westminster streets

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 14/12/2018

Effective from: 18/12/2018

Decision:

Recommendation

 

The Cabinet Member for Environment and City Management agreed:

 

To recommend the adoption of the London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs to Full Council on 23rd January 2019.

 

To delegate to the Executive Director of City Management and Communities, the authority to exercise the functions bestowed by the legislation.

 

Reasons for Decision 

 

To enable the good management of the city’s highways.

 

Gaining Wayleaves for the attachment of street signs and lights was often very difficult to obtain, costly to administer, and took a considerable amount of time to implement; the use of the Act addresses these concerns. 

Wards affected: (All Wards);

Lead officer: Philip Robson


11/12/2018 - Knightsbridge Neighbourhood Plan ref: 975    Recommendations Approved

Approval required to 'make' the Knightsbridge Neighbourhood Plan following local referendum - giving it development plan status for the determination of planning applications within Knighstbridge Neighbourhood Area

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 11/12/2018

Effective from: 11/12/2018

Decision:

That the Knightsbridge Neighbourhood Plan be made part of the Statutory

Development Plan following the referendum held on 18 October 2018.

 

That the process followed in this case and which will be followed with regard to future neighbourhood plans be noted.

 

 

 

 

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

 

Wards affected: Knightsbridge and Belgravia;

Lead officer: Sean Walsh


11/12/2018 - Re-procurement of the Domestic Violence and Refuge Service ref: 974    Recommendations Approved

Cabinet Member approval sought for re-procurement of the service.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 11/12/2018

Effective from: 19/12/2018

Decision:

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

 

2.            That the Cabinet Member for Housing and Customer Services approved the decision to award the contract to the preferred bidder as part of a competitive tender process as listed in Appendix 1 for the total sum set out in the reportfor the period 1st April 2019 to 31st March 2023.

 

Reasons for Decision 

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


11/10/2018 - The Draft House, West End Quay, South Wharf Road, London, W2 1LA ref: 973    Recommendations Approved

Decision Maker: Licensing Sub-Committee (1)

Made at meeting: 11/10/2018 - Licensing Sub-Committee (1)

Decision published: 11/12/2018

Effective from: 11/10/2018

Decision:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations:     Environmental Health, a Residents’ Association, a Right to Manage Company, 3 Ward Councillors, 2 corporate objections and 59 individual representations.

 

Present:  Anthony Lyons (Solicitor, representing the Applicant Company), Mark Elliott (Operations Manager, Applicant Company), Dave Nevitt (Environmental Health), Richard Brown (Solicitor, Citizens Advice Bureau, representing Michael Clarke, John Zamit and Paddington Waterways and Maida Vale Society), John Zamit (South East Bayswater Residents’ Association) and Paul Harrison (West End Quay Right to Manage Company).

 

 

The Draft House, West End Quay, South Wharf Road, London, W2 1LA (“The Premises”)

18/09700/LIPN

 

1.

Sale by retail of alcohol: On and off sales

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

This was an application by Draft House Holding Ltd for a new premises licence to replace an existing premises licence. The application is for essentially the same hours of operation but does not include any regulated entertainment apart from the exhibition of films

 

Anthony Lyons (Solicitor, representing the Applicant Company) began by giving apologies for absence from James Brown, Retail Operations Director at BrewDog and director of Draft House Holdings Limited, who was away on business and had submitted a witness statement. Mr Lyons explained that BrewDog had acquired Draft House Holdings Limited in 2018, as both companies shared an appreciation for fine beers. BrewDog had acquired 13 sites this year, and in respect of this site, the conditions on its current premises licence did not fit the business model that BrewDog premises operated to. The Sub-Committee heard that the premises had previously operated as the Grand Union public house, which hosted DJs on Fridays and Saturdays until the terminal hour. Some internal refurbishments were due to take place on the premises. Mr Lyons stated that the Applicant Company had undertaken pre-application consultation and had extensive conversations with City Council officers. Many of the conditions proposed were as a result of recommendations made by officers, including some as a result of a meeting with Dave Nevitt from Environmental Health. It was not proposed to extend the hours of operation, however it appeared that some residents had misunderstood the Applicant Company’s intentions as they had commented that the Applicant Company was seeking to extend the hours in their representation. Mr Lyons stated that the only extension the Applicant Company was seeking was to be permitted to supply alcohol without it being ancillary to a table meal to customers in the external area up to 20:00 hours, rather than up to 17:00 as permitted on the current licence.

 

Mr Lyons referred Members to James Brown’s witness statement amending the sale and consumption of alcohol to 10:00 to 23:00 Monday to Saturday and 12:00 to 22:00 Sunday, in order to address residents’ concerns. The same hours would also apply to all other licensable activities. It was proposed that there be a 30 minutes dispersal period after these hours at which time the premises would close. Mr Lyons added that all the hours proposed were within core hours.

Furthermore, the Applicant Company was willing to reduce the terminal hour for licensable activities in the external area from 22:30 to 22:00, again to address residents’ concerns about possible noise nuisance later in the evening, which Mr Lyons asserted was a significant concession. Conditions were also proposed that all patrons in the external area were to be seated and be served by waiter/waitress service. The Sub-Committee noted that the external area was privately owned, but not by the Applicant Company. Mr Lyons stated that the capacity for the external area was for 112 seated persons and the proposed designated smoking area would be away from residential properties. He advised that only the Harbet Road entrance could be used for entry and egress after 22:00, with the front area closed.  Mr Lyons stated that there would be fixed notices on the external tables advising customers that consumption of alcohol could only be ancillary to a table meal after 20:00 and that the external area would close at 22:00.

 

Mr Lyons advised that a meeting had been arranged with residents once the representations had been received and this had taken place the previous week, with two residents in attendance. No residents had made telephone contact with the Applicant Company. Mr Lyons stated that the Applicant Company did care about residents and the local community and was also passionate about its product. The Applicant Company had lobbied for the use of 1/3 pint glasses and very low alcohol beer products were also available. The customers enjoyed appreciating high quality beer in a seated setting.  The premises was not located within a cumulative impact area and there had been no issues with the premises since BrewDog had acquired it, with no noise complaints received since.

 

Mark Elliott (Operations Manager, Applicant Company) was invited to address the Sub-Committee and he informed Members that tables and chairs in the external area would be stacked and rendered unusable from 22:00. He advised that he also oversaw BrewDog premises in Old Street and Tower Bridge locations in central London, where there was considerable social interaction with local residents. Mr Elliott advised that the BrewDog blueprint for 2019 was “Beer, community and people” and the Applicant Company played a significant role in promoting craft beer. There were some 78,000 beer enthusiasts who invested in the company and most sales were in 1/3 or 1/2 pint measures.

 

The Sub-Committee sought clarification in respect of off sales, including the use of growlers. In acknowledging that the premises was located in a residential area, it was suggested that during the hours that consumption of alcohol would not be ancillary to a table meal in the external area that this may increase the risk of noise. Clarification was also sought with regard to music on the premise and whether the ‘Beer Here’ neon sign on the front façade shown on the photographs still existed.

 

In reply to questions from Members, Mr Elliott advised that growlers would be used for off sales and that they could hold around a litre, however most off sales would consist of 330ml cans. Mr Lyons advised that there would be background music on the premises only and he contended that there was significantly louder music played at a nearby premises. He confirmed that the ‘Beer Here’ neon sign remained.

 

Barry Panto (Legal Adviser) sought the Applicant Company’s views in respect of re-wording proposed condition 24 as model condition 12 and to be further amended to read “No noise generated on the premises (including the external area), or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance, including the removal and stacking of furniture and barriers”. This was agreed by Mr Lyons on behalf of the applicant.

 

Dave Nevitt (Environmental Health) then addressed the Sub-Committee and advised that currently part of the internal ground floor area was used for vertical drinking, whilst in other areas the restaurant model condition 66 applied. He had met the Applicant Company twice and their application largely reflected what Environmental Health had recommended, including the proposed conditions. Mr Nevitt stated that the premises was of modern design and there was good acoustic integrity inside the premises and so he was not concerned about noise breakout from within. However, he had some concerns with regard to the use of the external tables and chairs, smoking area and dispersal of customers, especially as there were residential flats above the premises. The area did not have much background noise and so noise from the premises could be potentially more disturbing.

 

Mr Nevitt stated that the Applicant Company had been asked to address matters relating to the use and hours of the external area. He welcomed proposals for a designated smoking area and agreed that the Harbet Road area was the most appropriate location. In respect of dispersal, residents should be encouraged to exit the area via Praed Street. Mr Nevitt also welcomed the reduction in hours for licensable activities which were less than core hours, however the premises was generally busier earlier in the evening in any case. He felt that limiting consumption of alcohol up to 20:00 in the external area without it being ancillary to a table meal was acceptable, however he felt that further consideration needed to be given in respect of the number of external tables and chairs. He suggested that efforts be made to place as many external tables and chairs as possible under the overhang in order to protect resident from noise. Mr Nevitt felt that it may be possible to place around 50 to 60 covers under the overhang, which would represent around a 40% to 50 % reduction to the 120 covers mentioned by Mr Lyons.

 

Richard Brown (Solicitor, Citizens Advice Bureau, representing Michael Clarke, John Zamit and Paddington Waterways and Maida Vale Society) then addressed the Sub-Committee and confirmed that the Applicant Company had invited residents on 1 October for a meeting to take place on 4 October, which may explain why only two residents had been able to attend. There had been a number of objections from residents to the application, with many relating to the use of the external area and dispersal. These concerns were not taken into account during the pre-application stage because of when the representations had been received. Mr Brown felt that the amendments to the application did not properly address the concerns of residents, particularly in respect of noise from the external area earlier in the evening and residents were against extending the hours to which consumption of alcohol could take place in the external area without it being ancillary to table meal from 17:00 to 20:00. Amending this restriction would be more likely to harm residents through extending the hours of noise through drinks led activities. Mr Brown referred to residents’ representations which emphasised the importance of operators respecting the site they were located in and that it is not appropriate to alter a licence to fit a business model if this impacted upon residents.

 

In Mr Brown’s view, the premises was drinks led and there was no evidence of what the alcohol/food split was. The premises was located in a residential area and there were already issues in relation to noise from the premises at the moment, so relaxing the alcohol ancillary condition to the external area would only exacerbate this problem. Sound was also magnified by the surrounding tall buildings in the area. Mr Brown acknowledged the amendments to the application and the reduction in hours, however these did not go far enough to address residents’ concerns. In respect of the proposed total capacity of 355 persons, Mr Brown noted that there were only 200 covers inside the premises. There was also a condition on the existing licence that only permitted off sales of alcohol where it was supplied with take away food that was not proposed in this application.

 

Paul Harrison (West End Quay Right to Manage Company) then addressed the Sub-Committee and confirmed that he was speaking on behalf of Dr Gerald Higgs (West End Quay Right to Manage Company). Mr Harrison began by confirming that his company did not manage the commercial properties in the area and he then read out Mr Higgs’ written representation. Although the amendments to the application were welcomed, it was still felt that the application would lead to a more drinks led establishment and cause more noise disturbance in a largely residential area. Mr Harrison welcomed the proposals in respect of the designated smoking area and customer dispersal.

 

John Zamit (South East Bayswater Residents’ Association) was then invited to address the Sub-Committee and began by stating that he knew the area well. He had been approached during the pre-application stage and had advised the Applicant Company that residents would not be happy if the proposals were to  change the nature of the premises so that they would operate more like a public house. The reduction in hours to the original application were welcomed, however he felt that the premises would still operate more like a public house. He queried why a capacity of 112 persons for the external area was proposed, when there only appeared to be 86 external seats in the plans. Although planning permission for 112 external covers had been approved, this was only a 1 year permission and was due to expire in November 2018. Mr Zamit felt that there was a lack of clarity about precisely where the designated smoking area after 22:00 would be. He expressed concern about noise emanating from the premises when the doors were open and also about the possibility of vertical drinking in the external area, particularly in the summer months and he suggested that an appropriate condition be added to prevent this.

 

The Sub-Committee sought further clarification in respect of the capacity of the external area and how the area would be identified. Further details were requested on the entrance doors and clarification was sought on whether customers could smoke at the external tables and when did the gates to the basin of West End Quay close.

 

In reply, Mr Lyons stated that there were 82 covers in the external area in the plans. The front entrance included a lobby area and the fire doors would be closed. Customers would be permitted to smoke at the external tables up until 22:00, whilst those inside who wanted to smoke would go to an external area around the front of the premises before 22:00. Members noted that gates to the basin of West End Quay were closed by the time the premises was closed.

 

Upon further inspection of the plans, Mr Lyons acknowledged that there were 86 covers in the external area and he agreed on behalf of the Applicant Company that this be the total capacity for the external area.

 

Mr Panto then sought clarification as to the overall capacity of the premises. Mr Nevitt stated that he understood that the internal capacity was 215 persons, meaning that the total capacity was 301 persons when the external capacity was added.

 

At this point, Mr Brown referred to a previous decision letter for the premises from an application for a variation in 2013 which gave a total capacity for 250 persons, which suggested an internal capacity of 164 persons if the external capacity was 86. It was noted that the capacity figures had been erroneously omitted on the current premises licence.

 

Mr Lyons was invited to make his concluding remarks on behalf of the Applicant Company. Mr Lyons began by acknowledging that the intention was for the premises to operate as a craft beer establishment that also offered wines. The premises did not offer regulated entertainment such as live music, unlike other venues in the area. The Applicant Company had also gone to considerable lengths to address the concerns raised by residents and so Mr Lyons felt it was appropriate to grant the application as proposed.

 

The Sub-Committee granted the application, subject to the consumption of alcohol being ancillary to a table meal in both the internal (excluding the bar area as marked in the plans) and external areas from 19:30 Monday to Sunday and so proposed condition 11 was amended accordingly. In respect of the internal bar area, the Sub-Committee noted Mr Nevitt’s advice that there was no area clearly marked on the plans as such. Mr Zamit had then referred to an area that could be considered the internal bar area in the plans that he felt was acceptable, which Mr Lyons then confirmed on behalf of the Applicant Company as also being acceptable. In view of this, the Sub-Committee agreed to this constituting the internal bar area and advised that the plans be amended accordingly to reflect this. Proposed condition 22 was amended to include the words “The fire exit doors shall be closed at all times, except in the case of an emergency or to collect furniture and the barriers at the close of business.” This was amended as it was acknowledged that the Applicant Company needed use of the fire doors to pack away furniture and the barriers at close of business.

Proposed condition 24 was amended to model condition 12 and to include reference to the external area, as agreed by Mr Lyons on behalf of the Applicant Company during the course of the hearing. Proposed condition 40 was amended so that the total capacity be 250 persons for the premises at any one time, including a capacity of 86 persons to the external area that was agreed by Mr Lyons on behalf of the Applicant Company at the hearing.

 

The Sub-Committee added a condition stating that entry to and exit from the premises be from Harbet Road from 22:00 Monday to Sunday, as proposed by the Applicant Company in Mr Brown’s witness statement. Another condition added stated that there shall be no exhibition of any films in the external area. Model condition 62 was also added in respect of licensable activities not taking place under the new premises licence until the current premises licence has been surrendered.

 

In determining the application, the Sub-Committee noted the concerns of all the residents who had made representations and the wishes of the Applicant Company in making a balanced decision. The Sub-Committee noted that the premises was located in close proximity to residential properties, however the hours proposed were within core hours and the premises was not in a cumulative impact area. There had been careful consideration of the conditions and the Sub-Committee considered that the conditions agreed would assist the Applicant Company in upholding the promotion of the licensing objectives..

 

 

2.

Exhibition of Films: Indoors

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Saturday: 10:00 to 23:30

Sunday: 12:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

 

 

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.          (1)     The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2)       In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

 

(a)       games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i)        drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b)       provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

 

(c)       provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

 

(d)       selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 

 (e)      dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

6.          (1)     The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2)       The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

 

(3)       The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)      a holographic mark, or

 (b)      an ultraviolet feature.

 

7.         The responsible person must ensure that—

(a)       where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)        beer or cider: ½ pint;          

            (ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

            (iii)       still wine in a glass: 125 ml;

 

(b)       these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

 

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

 

            A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

8(i)      A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

8(ii)     For the purposes of the condition set out in paragraph 8(i) above -

 

(a)       "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b)       "permitted price" is the price found by applying the formula -

 

P = D+(DxV)

 

Where -

           

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c)       "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(i)        the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)       "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)       "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii).   Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)     Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

  (2)     The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Additional Conditions

 

9.         Alcohol consumption in the external area (shown edged in blue on the plan attached to this licence) shall only be by patrons seated at tables.

           

10.      The service of alcohol for consumption in the external area shall be by way of waiter/waitress service.

 

11.      After 7.30pm, the sale by retail and consumption of alcohol in both the internal and external areas (excluding the bar area in the internal area shown hatched on the plan attached to this licence) must be ancillary to the provision of a table meal.

 

12.      In the external area, all licensable activities shall cease and the area shall cease to be used for drinking and/or dining at 10.00pm daily.

 

13.      Furniture in the external area shall be rendered unusable by 10.00pm and removed at close of business without causing any nuisance to residents.

 

14.      The external area shall be clearly delineated by barriers which must be removed by 10.00pm.

 

15.      After 10.00pm daily, a designated smoking area shall be provided on Harbet Road as shown on the plan attached to this licence.

 

16.      After 10.00pm daily, the number of patrons permitted to temporarily leave and then re-enter the premises shall be limited to 20 persons at any one time, and those persons shall not be permitted to take any beverages or food outside with them.

 

17.       After 10.00pm daily, entrance to and exit from the premises shall only be through the Harbet Road entrance.

 

18.      Substantial food and suitable beverages other than alcohol, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

 

19.      All licensable activities shall be on the ground floor only.

 

20.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

21.       A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

22.       A daily log is to be maintained to ensure that any capacity limit set for the premises is recorded and can be properly monitored. Information regarding the capacity will be given to an authorised officer of a responsible authority on request.

 

23.      All entrance doors (including those on Harbet Road) are to be kept closed after 9pm, save for the immediate access and egress of persons and the fire exit doors shall be closed at all times, except in the case of an emergency or to collect furniture and the barriers at the close of business.

 

24.      No speakers shall be located in the entrance lobby area or to any external areas of the premises.

 

25.       There shall be no exhibition of any films in the external area.

 

26.      No noise generated on the premises (including the external area), or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance, including the removal and stacking of furniture and barriers.

 

27.      Notices will be prominently displayed at exits to the premises warning patrons of the proximity of residential premises, requesting the public to respect the needs of local residents and to leave the premises and the area quietly and in an orderly fashion.

 

28.      All refuse will be properly presented and placed on the street 30 minutes before any agreed collection time. Every endeavour will be made to prevent refuse being left on the street for more than 2.5 hours.

 

29.      No rubbish including bottles will be moved, removed or placed in outside areas between 11pm and 8am daily.

 

30.      No deliveries to the premises shall take place between 11pm and 8am daily.

 

31.      Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).

 

32.      No super-strength beers, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold for consumption off the premises, except for premium beers and ciders.

 

33.       All off sales of alcohol are to be in sealed containers only and for consumption off the premises only (save for consumption in the delineated external area).

 

34.       Open containers of alcohol shall not be permitted to be taken beyond the boundary of the external area.

 

35.      All SIA registered door staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.

 

36.      SIA licences worn by SIA registered door staff shall be clearly displayed and visible at all times.

 

37.      A daily door supervisor log shall be correctly maintained at the premises and signed at the end of each day by the duty manager. This will include: the print name of the door supervisor, badge number, expiry date of SIA licence and the signature of the door supervisor.

 

38.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

39.      There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.

 

40.      A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS hologram.

 

41.      An incident log shall be kept at the premises, and made available on request to an authorised office of the council or police, which will record the following:

 

(i)        All crimes reported to the venue

(ii)        All ejections of patrons

(iii)       Any complaints received concerning crime and disorder

(iv)      Any incidents of disorder

(v)       All seizures of drugs or offensive weapons

(vi)      Any faults in the CCTV system or searching equipment or scanning equipment

(vii)      Any refusal of the sale of alcohol

(viii)     Any visit by a relevant authority or emergency service

 

42.      The DPS, or another representative of the premises licence holder, shall join and maintain membership of the local pubwatch or other local crime reduction scheme approved by the police, and local radio scheme, if available.

 

43.      The maximum number of persons accommodated at the premises at any one time, excluding staff (including internal and external areas) shall be 250. The maximum capacity of the external area shall be 86 persons (excluding staff).

 

44.      A Smoking Policy and Dispersal Policy will be implemented and adhered to, copies of which will be retained at the premises and produced for immediate inspection by the police or an authorised officer of the Council.

 

45.       No licensable activities shall take place at the premises until premises licence 18/005550/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

 

 

Wards affected: Hyde Park;


11/12/2018 - Rating Advisory Panel 13.11.2018 ref: 972    Recommendations Approved

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 11/12/2018

Effective from: 11/12/2018

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 13 November 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

Wards affected: (All Wards);

Lead officer: Susan Bush


07/12/2018 - Parental Policies review ref: 970    Recommendations Approved

Review of the Council's policies relating to maternity, paternity, adoption and shared parental leave and pay.

Decision Maker: Leader of the Council

Decision published: 07/12/2018

Effective from: 07/12/2018

Decision:

That the Leader of the Council agreed:

 

1.    to enhance the maternity pay to 26 weeks full pay, followed by 26 weeks half pay.

 

2.    to make the new pay allowance available under the Shared Parental Leave policy so that partners can also access it.

 

3.    that parents of babies born at or before 37 weeks be entitled to receive an extra week’s leave and pay for every week their premature baby spends in hospital before their due date as part of the ‘Smallest Things’ campaign.

 

4.    All employees will be entitled to reasonable, fully paid time off for antenatal care, pre-adoption and adoption order interviews.

 

5.    that the scheme be launched on 1 January 2019 and be backdated to 1 April 2018.

 

6.    that backdating will apply to current employees only and will ensure those that have recently returned from maternity leave are included.

 

Reasons for Decision

 

This proposal improves the levels of benefits and pay for parents on maternity/parental leave.

 

In line with our diversity agenda, this benefit would be made available to all employees regardless of their gender. The enhanced pay allowance will be available under the adoption leave and shared parental leave schemes.

 

Wards affected: (All Wards);

Lead officer: Giorgia Fiorillo


07/12/2018 - Electric Vehicle Charging Infrastructure Strategy ref: 969    Recommendations Approved

The council's strategy to inform the provision of Electric Vehicle Charging Infrastructure on the public highway.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 07/12/2018

Effective from: 07/12/2018

Decision:

Recommendations

That the Cabinet Member for Environment and City Management approved:

That this report be open for general release.

 

          The proposal for expansion of Electric Vehicle Charing Points (EVCPs) to provide more varied charging opportunities to drivers.

 

          That the following contracts award strategy be approved to increase the number of charge points on the public highway:

 

·         To utilise the GULCS framework to issue a direct award to provide principally lamp column trickle charge points to residents

·         To utilise the TfL framework to run mini competitions to further transition rest and refreshment taxi ranks in the City and also to deliver a number of publically available rapid chargers alongside dedicated EV only bays

·         To utilise the varied Pan London Scheme Agreement with BPL to expand the number 7kW fast chargers and to introduce 22kW fast chargers on to the City highway        

 

 

Reasons for Decision 

The increasing number of EVs operating in Westminster, notably the increase in EVs driven by residents, as well as commercial vehicles, it is essential that sufficient charging infrastructure is in place to meet demand.  In addition, and considering the lack of off street parking available in the City, an increase in charging infrastructure will give more driver confidence in making the transition away from Internal Combustion Engine (ICE) vehicles, which will have a positive impact on air quality in the City.  This corresponds with the commitments made to EV charging infrastructure growth set out in the City Council’s Air Quality Manifesto published in March 2018. 

 

The proposal sought to provide a route for expansion on the available Electric Vehicle Charge Points (EVCP) in the City.  

 

Wards affected: (All Wards);

Lead officer: Philip Robson


05/12/2018 - Discretionary Housing Payment Review Advisory Panel: (04.12.2018) Determination of Discretionary Housing Payment Review Applications ref: 968    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/12/2018

Effective from: 05/12/2018

Decision:

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

           

2.            That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 4 December 2018.

 

Reasons for Decision 

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


10/12/2018 - National Code of Practice - Well Managed Highway Infrastructure ref: 971    Recommendations Approved

The City Council along with other Highway Authorities across the country will adopt the recently released National Code of Practice Well Managed Highway Infrastructure Assets as an example of best practice. The Cabinet Member report will provide details and practices of how Westminster comply with code, the report will seek endorsement of the council approach.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 04/12/2018

Effective from: 10/12/2018

Decision:

The Cabinet Member for Environment & City Management approved the updated Highways Infrastructure Asset Management (HIAMP) and Maintenance Management Plan (MMP), these being the two documents which detail how the council is adopting a risk based approach towards maintaining the highway network as recommended by the Well Managed Highway Infrastructure code of practice.

 

As a Highway Authority, the City Council has certain legal obligations it must meet to ensure the highway network is safe and fit for purpose. From time to time, these obligations may become the subject of claims for loss for personal injury or legal action by those seeking to establish non-compliance. Demonstrating that the City Council maintains the public highway in accordance with the WMHI code is essential to be able to counter such claims.

The new code has provided an opportunity for the council to review its highway maintenance practices and processes and not be bound by the prescriptive recommendations of the old codes. The new code therefore allows the council to align its service levels more closely to Westminster’s corporate objectives and requirements and provide a more tailored service which meets local needs where those needs are identified and supported by robust evidence gathering and analysis.

Adopting an evidence based approach to maintaining the council’s highway infrastructure, not only feeds into taking a risk based approach which is the corner stone of the new WMHI code, but also provides an opportunity to deliver efficiencies e.g. provide an inspection frequency on need rather than prescription in the medium to long term.

 

Wards affected: (All Wards);

Lead officer: Andy Foster


30/11/2018 - Supply and Allocation of Social Housing 2018/19 ref: 967    Recommendations Approved

This annual report reviews the demand for and supply of affordable housing and low-cost home ownership in and considers supply and demand projections for 2018/19.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 30/11/2018

Effective from: 08/12/2018

Decision:

1.            That the Cabinet Member for Housing and Customer Services noted the projected supply and proposed allocation of rented housing, as discussed in paragraph 3.1 of the report and set out in Appendices A, B and B1 of the report.

 

2.            Intermediate Allocations Priorities

 

That in order to enable current Intermediate Renting (IMR) tenants to move to more suitable IMR properties and to prioritise people living and working in Westminster for IMR, the Cabinet Member for Housing and Customer Services agreed that the priorities for allocating intermediate housing are amended so that:

 

a)        Existing Intermediate Renting (IMR) tenants in Westminster living currently in shared IMR accommodation into which the Council has nomination rights will be eligible to bid for self-contained IMR properties

b)        Existing IMR tenants in Westminster who are living currently in shared IMR accommodation and are overcrowded will be eligible to bid for larger IMR accommodation

c)         Westminster households who currently live and work in Westminster will have higher priority for intermediate housing opportunities in the City (IMR and Shared Ownership) over those that only live in the borough and work outside or only work in the borough.

d)        The updated priority table, set out in paragraph 5.1 is approved

 

Intermediate Tenancy Renewals

 

e)        That the Cabinet Member for Housing and Customer Services agreed that IMR tenants who are living in a scheme which does not include a linked initiative leading onto home ownership, (e.g. is not part of a savings plan such as that operated by Westminster Community Homes or the Westminster Home Ownership Accelerator operated by Dolphin Square Foundation) should be able to have their tenancy period renewed for a further period on the condition that the household continues to be eligible for intermediate housing in Westminster.

 

f)          That the Cabinet Member for Housing and Customer Services agreed that households who are currently living in an Intermediate Scheme and do not have their tenancies renewed for that specific scheme due to the lettings policy of the particular landlord in question or as a condition of planning, but remain eligible for Intermediate Housing, are able to apply for alternative Intermediate Housing from 6 months before their tenancy is due to end and note that this would not apply to: Households whose tenancy was not being renewed for reasons of Anti-social behaviour or rent arrears, and; Households approaching the end of their original tenancy period and who remain eligible to have the tenancy extended are not able to bid for other intermediate rented properties.

 

3.            Homeless Reduction Act

 

a)    That the Cabinet Member for Housing and Customer Services agreed to changes, as approved by Counsel, to the Housing Allocations Scheme, in order to meet the requirements of the Act are continued.

 

b)    That the Cabinet Member for Housing and Customer Services noted that the Homeless Reduction Act has been in force since 3rd April 2018 and changes how the Council helps people or households who are or may become homeless and that the Council worked to put new arrangements in place for when the new law came into force.

 

4.       Tenancy Strategy and Tenancy Policy: charging higher rents for higher earners  

 

a)    That the Cabinet Member for Housing and Customer Services noted that the Council’s Tenancy Strategy, published in 2012, supports the principle of higher rents for higher earning social housing tenants and sets out some preferred principles for a scheme.

 

b)    That the Cabinet Member for Housing and Customer Services noted that both the Tenancy Strategy and Tenancy Policy sections relating to higher rents would need to be reviewed and updated, as at the time of their development government was planning to introduce a national Pay to Stay scheme for all social housing tenants.

 

c)    That the Cabinet Member for Housing and Customer Services agreed that the Council does not introduce its local scheme in 2019 for flexible/fixed term tenants and removes the references to rent increases in Section 9 of its Tenancy Strategy and removes paragraphs 8.3 – 8.8 of its Tenancy Policy; and noted that: the reasons for this are that a full review of the Tenancy Strategy and Policy is planned, now the recently published Green Paper has highlighted that the government does not now propose to implement the provisions of the Housing and Planning Act 2015 to make fixed term tenancies mandatory for local authority tenants;In addition analysis shows that it is unlikely that many households would be impacted by the current scheme and income levels would be low after costs.

 

5.            Local Lettings Plans: Infill Programme          

 

a)    That the Cabinet Member for Housing and Customer Services noted that the 2017/18 Supply and Allocations report agreed that in order to promote the benefits of potentially disruptive development to existing communities and to encourage local resident support it, that for each new infill housing development a local lettings plan (LLP) be developed that prioritises meeting local housing need in line with the Council’s Housing Allocations Policy.

 

b)    That the Cabinet Member for Housing and Customer Services agreed that approval of each Local Lettings Infill Scheme plan be delegated to the Director of Housing and Regeneration in consultation with the Cabinet Member.

 

c)    That the Cabinet Member for Housing and Customer Service noted that when being developed, each plan will follow the key principles below:

 

·           The extent of the boundary of the LLP are the streets within the estates directly affected by the development as defined on a case by case basis

·           The LLP applies to both new social housing and intermediate housing

·           The LLP is applicable to people who have lived within the boundary for 12 months

·           First priority for the new social housing is to households registered with City West Homes for transfers from their current homeswith properties then allocated in line with priorities within the Allocations Scheme

·           Second priority for the new social housing is to anyone else on the Housing Register and this includes homeless households

·           Where social housing properties remain unlet through the above, then they are allocated following the Allocations Scheme

·           Any intermediate housing developed will be let in line with the current priorities for intermediate housing, although those who are working within the boundary who are not residents, will be excluded from the LLP

 

d)    That the Cabinet Member for Housing and Customer Services agreed that, in consultation with the Director of Housing and Regeneration, that delegated authority be given to the Director of Housing and Regeneration to use discretion when applying these principles to individual Local Lettings Plans and once developed the LLP will be shared through the local development newsletters. 

 

6.            Local Lettings Plans: Regeneration Areas

 

a)    That the Cabinet Member for Housing and Customer Services noted that Local Lettings Plans will be required for all regeneration areas and agreed that approval of each Local Lettings Regeneration Area plan be delegated to the Director of Housing and Regeneration, in consultation with the relevant Cabinet Member following consultation with the local community.

 

b)    That the Cabinet Member for Housing and Customer Services noted that when developing the LLP, the following principles will be proposed:

 

·           The boundary of the LLP is generally the master plan area but some flexibility can be applied on a site by site basis

·           The LLP is applicable to people who have lived within the boundary for 12 months

·           First priority for the new social housing will be for previous social housing tenants who had to move away to enable the regeneration scheme to take place and are now returning

·           Second priority for the new social housing is for households whose homes are being demolished in later phases

·           Third priority for the social housing will be for those registered with City West Homes for a transfer

·            Fourth priority for the social housing will be for anyone else in the LLP area in line with the Allocations Scheme

·           Any intermediate housing will be included and allocated in line with current priorities although those who are working within the boundary who are not residents, will be excluded from the LLP

·            The LLP will also set out how homes for resident leaseholders who are returning to the area are to be allocated.

 

c)    That the Cabinet Member for Housing and Customer Services agreed that in consultation with the Director of Housing and Regeneration, to delegate authority to the Director of Housing and Regeneration to use discretion when applying these principles to individual Local Lettings Plans.

 

7.            That in line with the above process, the Cabinet Member for Housing and Customer Services agreed that a Local Lettings Plan be developed for consultation for the new housing being developed at Tollgate for consultation, with the Director of Housing and Regeneration approving the final LLP in consultation with the Cabinet Member.

 

8.            Review of the homelessness policy framework

 

a)    That the Cabinet Member for Housing and Customer Services noted that the review of the Private Rented Sector Offers, Accommodation Placement and Accommodation Procurement Policies found that they are considered to still provide a robust framework to meet their objectives.

 

b)    That the Cabinet Member for Housing and Customer Services agreed that minor changes be made to the Accommodation Procurement Policy to: update the annual Action Plan, update the figures and to update some of the wording so the Policy better reflects market conditions; The reference to Universal Credit as a key cost pressure for TA is also updated.

 

9.         Tenancy Strategy and Policy Update: Lifetime tenancies

 

That In line with new legislation, the Cabinet Member for Housing and Customer Services agreed that the Secure Tenancy section of the Tenancy Policy is updated to provide security of tenure to tenants who have had to move home as a result of domestic abuse, so secure tenancies will be granted to: 

 

Any existing secure or assured tenant, that has to move home due to domestic abuse. This would also apply to a sole tenant that had lost their security of tenure by leaving the home due to domestic abuse, or to a joint tenant, where security of tenure had been lost by the tenancy being terminated. In all these circumstances, the City Council would need to be satisfied that the domestic abuse had taken place.  

 

10.         That the Cabinet Member for Housing and Customer Services agreed that the Tenancy Strategy be updated to make clear that the Council supports lifetime tenancies in these circumstances. 

 

Reasons for Decision 

The proposals contained in this report set out the issues related to the development of allocation projections for social housing for 2018/19 to meet the Council’s statutory obligations, meet the varying demands for social housing and to reduce the numbers of people living in Temporary Accommodation who are waiting for social housing.

Wards affected: (All Wards);

Lead officer: Greg Roberts


23/11/2018 - Queensway Public Realm - Next Steps ref: 966    Recommendations Approved

Approval for the capital expenditure to be released to proceed to Stage 3 design, for the capital expenditure to be released to implement footway changes on the west side of Queensway from Bayswater Station to Moscow Road ahead of the TMO, and to proceed with the TMO consultation for the proposed changes to kerbside management and parking

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 23/11/2018

Effective from: 01/12/2018

Decision:

That the Cabinet Member for Place Shaping and Planning and the Cabinet Member for Environment and City Management approve the development of the concept design identified in this report, Appendix 1.

That the Cabinet Member for Place Shaping and Planning and the Cabinet Member for Environment and City Management approve capital expenditure in the sum of £1,860,927 to develop the design to Stage 3 and implement public realm works on the west side of Queensway between no 73 (currently Sainsbury’s) to Porchester Gardens ahead of the TMO.

That the Cabinet Member for Environment and City Management approves the commencement of the Traffic Management Order (TMO) consultations for the proposed changes to the kerbside management and parking.

 

In the wake of strong competition from and close proximity to the West End and Westfield, Queensway as a retail centre has somewhat suffered and cannot compete with these major retail hubs.  The City Council agreed that action was needed to ensure Queensway’s future as one of Westminster’s major retail centres and to work closely with the key stakeholders on the initial development of a concept design for the street. The City Council ran a public consultation in 2014 to understand what level of support there was to look to radically improve the public realm to support the investment being made by the landowners.  Local stakeholders were generally supportive of the concept design and the reduction of the car parking. 

To date £4.851million is being secured through the Council’s Capital Programme, CIL and landowner contributions to support the implementation programme for the final approved public realm scheme for Queensway.  There is a further potential £8.6million through S106 agreements linked to commencement of developments. 

If Queensway is to remain a major retail centre, investment in the public realm is required to complement the investment being made by local landowners.  Together this should help to attract interest from new retailers and restauranteurs and ensure that the offer appeals to the local residential community, as well as those that work or visit and stay in the area.

 

Wards affected: Bayswater; Lancaster Gate;

Lead officer: Rebecca Cloke


12/11/2018 - Westminster City Plan - Consultation on Publication Draft ref: 961    Recommendations Approved

This report seeks a decision on whether to proceed to consultation on the 'publication' draft of the Westminster City Plan Full Revision, and all accompanying documentation, in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 12/11/2018

Effective from: 12/11/2018

Decision:

Summary of Decision

 

That the proposed documents for publication for informal consultation, attached as Appendices 1 and 2 of the report: 1. The draft City Plan 2019 – 2040 and 2. Revised Policies Map be approved.

 

Reasons for Decision 

 

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

 

Wards affected: (All Wards);

Lead officer: Nina Miles


12/11/2018 - West End Gate - Affordable Units Acquisition ref: 960    Recommendations Approved

Cabinet Member approval sought for affordable units acquisition.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/11/2018

Effective from: 20/11/2018

Decision:

1.            That the Cabinet Member for Finance, Property and Regeneration approved the acquisition of 130 affordable units at West End Gate for £32.0m.

 

2.            That the Cabinet Member for Finance, Property and Regeneration approved the bringing forward £13.0m of budget into 2018/19 in order to make the initial golden brick payment and noted that based on current levels of forecast expenditure and capital receipts, this will require additional borrowing of £13.0m in 2018/19.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted that an additional £7.1m of overall funding was required, financed through the increased Capital receipt on Cosway Street (£2.1m) and that there would be a £1m per annum reduction for five years on the Self-financing scheme.

 

Reasons for Decision 

 

Westminster City Council specifically require additional social rent homes and intermediate homes to facilitate the regeneration of Church Street and rehouse overcrowded families in Parsons House North, Little Venice. The availability of homes for re-housing tenants and leaseholders is a key factor in WCC’s ability to deliver the planned regeneration scheme in Church Street. The affordable units at West End Gate will provide an excellent ‘local’ offer for residents in Church street and therefore should greatly assist decant negotiations and provide greater certainty around deliverability, costs and timescales. Without these units, WCC may find other re-housing options difficult to locate and acquire and may end up costing considerably more, as well as other potential cost implications of delays to the project if vacant possession cannot be secured at Church Street.


07/11/2018 - Arboricultural Services Contract ref: 959    Recommendations Approved

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 07/11/2018

Effective from: 15/11/2018

Decision:

That the report is exempt from disclosure on the grounds that it contains information relating to the financial or business affairs of a particular person (including the authority holding that information) under paragraph 3 of Schedule 12A of the Local Government Act 1972, and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

That the Council’s Arboricultural Services Contract be awarded on the terms set out in the report.

 

Reasons for Decision 

 

The Council has a duty of care to prevent or minimise the risk of injury or damage to property and person caused by tree failure. This duty arises from the following legislation:

               

·         Occupiers’ Liability Act (1957 and 1984).

·         Health and Safety at Work Act  (1974)

·         Highways Act (1980)

·         Common Law liability of Negligence and Nuisance

 

Lead officer: Stuart Reilly


05/11/2018 - Rating Advisory Panel 23.10.2018 ref: 957    Recommendations Approved

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/11/2018

Effective from: 05/11/2018

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 23 October 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

Wards affected: (All Wards);

Lead officer: Susan Bush


05/11/2018 - National Non-Domestic Rates Discretionary and Hardship Relief Applications (25.09.2018) ref: 956    Recommendations Approved

Cabinet Member approval sought for recommendations of the Rating Panel held on 25 September 2018 in respect of National Non-Domestic Rates Discretionary and Hardship Relief Applications.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/11/2018

Effective from: 05/11/2018

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 25 September 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

 

Wards affected: (All Wards);

Lead officer: Karen Way


15/11/2018 - Oxford Street District - Procurement Strategy ref: 963    Recommendations Approved

Outline the proposed procurement strategy and seek approval to progress with the proposed strategy

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 28/09/2018

Effective from: 23/11/2018

Decision:

Recommendations

Formal approval was given to commence the procurement of a Design and Build Services Contract to deliver the Oxford Street District project.

Formal approval was given to change the price/quality contract evaluation ratio depending on the outcome of the soft market testing and in consultation with the Strategic Steering Group.

Reasons for Recommendations

 

That the Oxford Street District was in need of significant and wide reaching public realm improvements to underpin and support the delivery of the emerging draft Oxford Street District Place Strategy. This will ensure that a service provider are appointed to deliver the District Place Strategy following public consultation.

The potential variation to the price/quality evaluation split was recommended as this was a very high profile initiative requiring a greater emphasis on the quality of works.

 

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

Lead officer: Susanne Afra


07/11/2018 - Christchurch Gardens Landscape Improvement Scheme ref: 958    For Determination

Hard and soft landscaping scheme designed to protect and enhance the gardens in line with Westminster’s adopted planning policies.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 26/02/2018

Effective from: 13/11/2018

Decision:

Recommendations

That the Cabinet Member for Environment and City Management approved the concept design for Christchurch Gardens as attached as Appendix C and explained in Section 6 of the report;

The Cabinet Member for Environment and City Management approved the use of S106 funds, secured in respect of developments within the vicinity of the gardens, to fund completion of the detailed design and delivery of the proposed gardens scheme as set out in Section 9 of the report.

The Cabinet Member for Environment and City Management gave approval for delegated authority be given to the Interim Executive Director City Management and Communities, and Director of City Highways in consultation with the relevant Cabinet Member for minor modifications to the approved scheme.

Reasons for Decisions

There is a future need for high quality green spaces in Victoria as the local population continues to grow, with developments in the area bringing forward additional homes. This presents increasing pressures on green spaces such as Christchurch Gardens to provide leisure and play space for children and families.

Approval was hereby being sought for the concept design for Christchurch Gardens set out in Appendix C of the report.  The proposed scheme is supported by officers as it offers potential to:

·        Protect and significantly improve the quality of the green space in Christchurch Gardens and encourage greater biodiversity;

·        Foster a sense of place, providing a tranquil open space in a busy office district;

·        Create a more attractive community space – optimising opportunities for positive activity within the gardens and therefore discouraging anti-social behaviour.

The proposed widening and opening of new Garden entrances will help to enhance pedestrian routes and movement within and around the Gardens as well as establish a better connection between the Gardens and nearby Strutton Ground Market – itself the subject of planned public realm improvement works.

The establishment of additional signage and improved walkways in the gardens will enable better wayfinding in the area and the potential to link the gardens to nearby walking routes away from the main road and traffic.

The scheme and its proposed delivery programme have been designed to enable delivery during the winter when the gardens would likely be least used.  An opening date in early summer 2019 will be sought to give time for new plants to establish ahead of the gardens opening at a time when the gardens would likely be used more.  It was critical that Cabinet Member approval is gained at this stage to enable the detailed design work to be completed and materials ordered in-line with these proposed dates.

S106 funds have already been collected from development schemes within the vicinity of Christchurch Gardens.  Four, totalling £2.5m have already been allocated internally for spend on this project.  All 4 are detailed in Table 2, in Section 9 below. 

Cabinet Member support for the spend of these contributions was hereby sought to enable delivery of the gardens scheme, in line with the intentions of the original S106 agreements.

 

Wards affected: St James's;

Lead officer: Hilary Skinner