Decisions

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

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

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

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

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

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

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

Reasons for decision

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

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

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

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

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.

Cabinet Member approval sought for development of sites.

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’.

That Cabinet

1.       Endorsed the new approach for the Oxford Street District Project as detailed in the report;

2.       Agreed the Governance outlined in the report;

3.       Approved the revenue funding of £727,000, made up of a reallocation of council’s own revenue for the development of a place based solution and a set of feasibility/concept options for the district; and,

4.       Noted plans to bring forward necessary safety works and governance associated with the development and implementation of the specific Oxford Street safety scheme ahead of the opening of the Elizabeth Line and during 2019, which will be subject of a separate Cabinet Member Report.

Reasons for Decision

1.       The Leader of the City Council on 7^th June announced that there is a need to be hugely ambitious to ensure the district’s long-term success by future proofing Oxford Street and the surrounding area so it remains the pre-eminent, retail focused, outdoor shopping destination in the UK.

2.       In December 2017, the Leader and Deputy Leader issued eight pledges to residents, created to assure residents that the City Council would safeguard their amenity by insisting that no scheme would be approved that failed to meet their concerns. Feedback from residents in the consultation report (temporarily published March 2018), confirmed that 61% of Westminster residents did not support the partial pedestrianisation of Oxford Street (Orchard Street to Oxford Circus). Subsequent statements from the City Council, made clear that the scheme consulted upon had not achieved a local consensus.

3.       In these circumstances, the City Council considers it necessary to devise other solutions that will transform the district and meet concerns expressed.

4.       The previous project structure to devise a solution for Oxford Street was developed within a joint team with Transport for London. This produced a significant body of information about the district. Going forward, the City Council will lead the project and consequently a new governance and operational structure is needed as outlined. We will continue to liaise and work closely with residents, stakeholders and partners (Mayor/Greater London Authority, TfL and New West End Company) to develop new solutions.

5.       Resources are needed to provide staffing and commissions to facilitate work to devise a new solution(s).

6.       Work on the options to ensure a safe street and district prior to the opening of Elizabeth Line is currently being progressed and will be presented for decision to the Cabinet Member for Environment and City Management in July 2018.

Cabinet Member approval sought for Windows 10 procurement, provisioning and support services.

1.              That Part B of this report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A, Part 1, (as amended) paragraph 3, 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 Officers to procure a contract for provision of laptop, desktop devices, peripherals and deployment services by varying the existing London ICT Framework Lot 1 Lot 1 Call-Off contract.

Reasons for Decision

1.               As the value of the contract variation is above £500,000, this variation constitutes as a Key Decision under section 2.28 of the Code and accordingly Member Involvement is required as per section 2.28.

2.               April 2018 Cabinet and Key Decision reports approved commissioning and expenditure for a Windows 10 POC to prove a solution for upgrade from Windows 7 to Windows 10. The upgrade is required prior to June 2019 to minimise the Councils risk of entering a period of an unsupported Operating System with associated security threats, retain regulatory data compliance including the recent GDPR implementations and to deliver benefits through Windows 10 features aligned to the IT strategic principles.

1.         Decision

1.1       That formal approval was given:

·         to proceed with Initial and Detailed Design following consultation

2.         Reason for Decision

2.1       A Cabinet Member decision was required to move forward the project to the next stages.  A concept design had been developed through the Feasibility Stage of the project and, whilst validated by the technical studies undertaken to date and stakeholder involvement, the design must now be shared with a wider audience and feedback sought from the community.  This is key to informing the next design stages. 

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 Family Services and Public approved the award of a contract to the preferred bidder under the Integrated Healthy Lifestyles Services Framework Agreement (“the Framework”) set up by Westminster City Council for a term of three years commencing 1^st January 2019 to 31^st December 2022, with the option to extend for a further two years until 31^st December 2024.

3.            That the Cabinet Member for Family Services and Public approved the award of call off contract with the service provider under the Framework for a term of three years from 1 January 2019 to 31 December 2022, with the option to extend for a further two years until 31 December 2024 (subject to performance and financial constraints) and note the contract price and extension costs.

4.            That the Cabinet Member for Family Services and Public Health delegates the approval to exercise the option to extend to the Director of Integrated Commissioning, in consultation with the responsible Cabinet Member at that time.

REASONS FOR DECISION

1.            Reshaping the provision of adult healthy lifestyle services was a priority for the local authority in order to ensure that services meet the needs of our residents and we achieve Public Health Outcomes by:

·                Reducing health inequalities

·                Helping residents make healthy lifestyle choices in order to prevent early deaths

·                Ensure residents find health and wellbeing support easily through digital connections and community connections

·                Target specific groups to access services according to need

2.            The redesign and integration of services to create an Integrated Healthy Lifestyle Service would provide the sustainability needed to achieve a targeted local service in the most cost effective way and to deliver a model that was based on local need. It was also intended to deliver improvements in quality and move the balance of support towards digital solutions whilst ensuring the face-to-face service offer would be a more accessible and responsive community based service for the residents.

3.            The Integrated Healthy Lifestyle Service would include face-to-face support for those most in need. This would include one to one support work, group sessions and links to other services that would help improve residents’ health. These interventions will improve residents’ clinical outcomes. It would be an outcomes based model that would include a workforce training element. The service would link with a digital platform based on Public Health England’s ‘One You’ platform. The service would be expected to work together with Primary Care to encourage referrals from health checks and from GP registers, monitor delivery of the service that takes place in those locations, and make payments to GPs and pharmacies for the face to face services and Nicotine Replacement Therapy (NRT) and for NHS health checks.

The Cabinet Member for Place Shaping and Planning:

1.            Approved the expenditure of £0.288m from Westminster’s City Community Infrastructure Levy (CIL) Strategic Portion as set out in Section 5.4 of the report and includes the allocation of funding for the following projects set out in Appendix A of the report.

2.            Noted those projects put forward by Westminster Councillors that can now be brought forward using alternative funding sources as set out in Section 5.5 of this report and Appendix B.

3.            Noted progress and the recommended next steps on the remaining ‘pending projects’ previously put forward by Westminster Councillors set out in Section 5.6 of this report and Appendix C.

Reasons for Decision

To ensure the timely delivery of project proposals previously submitted to the Cabinet CIL Committee by Westminster Ward Councillors, in accordance with the decision of the Cabinet CIL Committee on 25^th July 2018.

RECOMMENDATIONS

That the Cabinet Member agreed:

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

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

C)        That in accordance with the examiner’s recommendation, the referendum area be restricted the neighbourhood area designated by the council on 27^th March 2014 as the Knightsbridge Neighbourhood Area.

REASONS FOR DECISION 

1)         The examiner’s recommendations would ensure the Knightsbridge Neighbourhood Plan was clear and effective as a framework for making decisions on planning applications in the Knightsbridge Neighbourhood Area. They addressed the concerns raised by the council and other stakeholders, and ensured the plan met the basic conditions prescribed by legislation.

2)         Before a neighbourhood plan can be made, it was a statutory requirement that it was first subject to a local referendum. Before this happens, the council must publish a decision statement setting out the actions it proposed to take in response to the examiner’s report.

That the Cabinet Member for Economic Development, Education and Community approved expenditure of £10,225 in respect of the proposal detailed in the report.

Reasons for Decision

The expenditure will help address the priority of improving local amenities within the Queens Park Ward.

Cabinet Member approval sought.

That the Cabinet Member for Finance, Property and Regeneration;

·                     Acknowledged the dilapidated condition of the building and the ongoing costs to keep the building safe and secure

·                    Recognised the potential of the site to contribute to the Council’s ambitions to deliver an increase in levels of affordable housing for the residents of Westminster

·                     Committed to engaging with the local community and ward members on the opportunities achievable on this site

·                     Acknowledged the need for more sheltered and other supportive accommodation in this area

Reasons for Decision 

Following full consideration of the petition it was considered that there are clear imperatives to consider opportunities to the site as it not feasible or desirable to maintain the site in its current state. The ongoing costs to secure the building do not represent value for money.

Approval of Cabinet Members sought for funding requirements for spot purchases used as affordable housing.

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

2.            That the Cabinet Member for Finance, Property and  Regeneration and the Cabinet Member for Housing and Customer Services approved a funding contribution of £5.237m be provided from the Affordable Housing Fund to Westminster Community Homes towards 34 properties purchased by Westminster Community Homes for use as affordable housing.

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 and also helps with land assembly in those areas of the City where regeneration is planned.

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

Recommendations

The Cabinet Member was asked to approve:

·         The submission of a deed of variation which re-profiled spend from the Marylebone Flyover to the Somerset House Project.

·         The transfer £250k of NHB funding currently allocated to Marylebone Flyover to Somerset House in the form of a conditional grant.

Reasons for Decision 

1.            The report proposed support needed for affordable space for start-up businesses. This would:

·         Continue to address the market failure of lack of affordable and flexible space for start-up businesses.

·         Support socio-economically disadvantaged residents who had entrepreneurial aspirations

·         Retain and enhance Westminster’s creative and cultural skills base

·         Create new jobs through increased business survival rates in start-up businesses, attract new start-up businesses to locate and stay in Westminster and add to the vitality of the local economy.

2.            The proposed approach was similar to enterprise space created previously by Somerset House Studios, which had effectively supported entrepreneurs. The model had been compared with other local authority supported enterprise spaces and was found to secure significant economic impact and value for money.

3.            In 2017, a feasibility study was completed for the conversion of Marylebone Flyover into an enterprise space. The study found that the amount of space created was too small to make a viable business case. As a result, the team had explored alternative projects that delivered the outputs required by the New Homes Bonus funding agreement and which can use investment before the deadline to return any unspent funds – the end of this financial year. The final phase of Somerset House meets these objectives and delivers the project outputs within the required time frame. The reallocation of funding had been discussed with the GLA, the original funders, and they were in agreement in principle of the Deed of Variation set out in Appendix C. 

Cabinet Member approval sought for implementation of strategic housing options for the Older Persons Programme.

Recommendations

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

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

1.            Agree to proceed with the consultation strategy with residents and stakeholders over the future of Carlton Dene and Westmead Care Homes.

2.            Agree to proceed with consultation for the residents and stakeholders at Peebles House over the future of their homes, including consultation with the Carlton Vale Resident Management Organisation and residents of the Carlton Vale Estate.

3.            Cabinet Members note expenditure of £0.197m to date and approve additional expenditure of £0.901m to progress the scheme to OBC stage. This will increase the total authorisation to spend for Carlton Dene and Westmead to £1.098m.

4.            Approval to acquire by agreement the leasehold property at Peebles House where a sale is contemplated by the leaseholder before the emerging option for Carlton Dene was identified.

5.            Agree that the Council’s leaseholder and tenant decant policies for Housing Renewal Areas will represent the Council’s offer for leaseholders and tenants at Carlton Dene if redevelopment was identified for Peebles House.

Reasons for Decision

The proposed key drivers to decision making were:

1.            Provide more high quality extra care and supported living accommodation in the City.

2.            Provide more homes of all tenures in the City (for sale, market rent and subsidised rent).

3.            Provide new sub-market homes in line with the Council’s planning policy.

4.            Improve the environmental performance of Council properties, saving energy and money.

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

6.            Offer current Council tenants and residents leaseholders the chance to stay in their current neighbourhood should they wish.

7.            Improve the quality of the built environment and enhance neighbourhoods.

8.            Deliver viable options which take into account the duty of the Council to safeguard the public purse.

The City Council is obliged to submit a draft transport projects Local Implementation Plan 3 (LIP3) Delivery Plan document to TfL by 2 November 2018. This report is presented to the Cabinet Member for Environment & City Management. It will also be copied to All Members for their information and to incorporate any comments they may raise.

Recommendations

Cabinet Member approved the spend of TfL granted Capital expenditure of £3,133,000 per annum for the next three year period 2019/20 to 2021/22, which is specifically for the LIP3 ‘Corridors and Neighbourhoods’ sub Programme.

Cabinet Members considered and noted the appended draft LIP3 Delivery Plan document. This highlights the proposed Capital expenditure for the four other LIP3 sub programmes namely: The Liveable Neighbourhoods Programme, The Principle Carriageway Renewal and Bridges and Structures Programme, The Cycle Network Programme and The Bus Priority Programme. All of which will be fully determined by separate Cabinet Member Decision Reports submitted over the next three years.

Cabinet Member’s considered and noted the modest Consultation plan set out in Section 9 of this report.

Reasons for Decision 

The City Council is obliged to submit a new statutory LIP3 Delivery Plan programme to TfL for consideration and ultimate approval by February 2019 and the enclosed draft Delivery Plan programme document would fulfil this objective. Failure to do so would prevent TfL from releasing the allocated Capital funds to the City Council.

Use of the public highway measuring 9.1m x 1.9m outside public house for the placing of 4 tables and 14 chairs.

Additional representation was received from Councillor Melvyn Caplan (10.07.2018), the Highways Planning Officer (09.07.2018) and a local resident (undated).

Councillor Barraclough, who had earlier declared an interest in respect of this application, withdrew from the Committee and took no part in discussion during consideration of this item.

The presenting officer tabled the following additional condition:

7.         Whenever the tables and chairs are placed on the highway, you must comply with the Front Area Management Statement.

RESOLVED UNANIMOUSLY:

That conditional permission be granted, subject to an additional condition 7 as set out above.

Variation of Condition 7 of planning permission dated 28 March 2017 (RN 16/07867/FULL) which varied Condition 1 of planning permission dated 2 July 2015 (RN: 14/11186/FULL) for the reconfiguration and expansion of facilities for music recording and production at No.3 Abbey Road comprising erection of a new recording studio to rear of No.5 Abbey Road; conversion of existing garage building facing Hill Road to form new recording studio and addition of pitched roof structure; new gate to Hill Road frontage of site; enlargement of single storey block adjacent to boundary with Abbey House and erection of extension to accommodate new transformer; erection of single storey extension to rear of Studio 2; use of lower ground floor of No.5 Abbey Road as a gift shop (Class A1) with associated alterations to form access and new landscaping to the front of No.5; installation of new mechanical plant equipment; new landscaping; and internal alterations, including to Studios 2 and 3; NAMELY, to extend the opening hours of the retail shop at No.5 Abbey Road from between 09.30 and 19.00 Monday to Saturday and between 10.00 and 18.00 on Sundays to between 09.00 and 20.00 Monday to Saturday and between 10.00 and 18.00 on Sundays.

RESOLVED UNANIMOUSLY:

That conditional permission be granted.

Application 1: Use of ground floor as a mixed retail/restaurant use (sui generis) with new ducting at the rear and retractable awnings to the front and side elevation.

Application 2: Display of 3no. externally illuminated fascia signs measuring 0.3m x 2.5m, 0.4m x 2.8m and 0.3 x 2.5m.

Additional representations were received from 3 local residents (30 June 2018, 7 July 2018 and 9 July 2018).

Late representations were received from the applicant (13.07.2018) and a local resident (16.07.2018).

Councillor Harvey, who had earlier declared an interest in this item, withdrew from the Committee and addressed the Committee in her capacity as a Ward Member to represent residents objecting to the application. She then left the room during consideration of this application.

RESOLVED UNANIMOUSLY:

1.            That Application 1 be refused on the grounds of loss of retail, impact on local residents and their local amenity in respect of noise, vibrations and odours in respect of the proposed kitchen extract duct and the proposed awnings would harm the appearance of the building and fail to maintain or improve (preserve or enhance) the character and appearance of the Pimlico Conservation Area.

2.            That conditional advertisement consent be granted.

Demolition of 4 Bingham Place behind retained front facade and roof; erection of replacement three storey dwelling (Class C3) with one new basement level. Additional basement excavation and rear extensions on ground to second floors at 19 Nottingham Place in connection with the existing hotel use (Class C1). (Site includes 19 Nottingham Place).

Councillor Bott, who had earlier declared an interest in this item, withdrew from the Committee and addressed the Committee in his capacity as a Ward Member to raise concerns about the impact on local residents during construction. He then left the room during consideration of this application.

Councillor Harvey then assumed the role of Chairman for this item.

RESOLVED UNANIMOUSLY:

That conditional permission be granted, subject to an informative requiring the applicant to adhere to the Code of Construction Practice.

Use of the basement, ground to fourth floor of the building as a hotel (Class C1) with ancillary cafe at ground floor level. External alterations to include 5 no. new windows on the west elevation and installation of acoustic louvres and photovoltaics at roof level. Alterations to windows on the rear elevation and provision of a louvred screen (ground to fifth floor level) fronting rear courtyard area and alterations to rear courtyard area.

RESOLVED UNANIMOUSLY:

That conditional permission be granted, subject to an additional condition to prevent guest access to the rear courtyard, except to use the bicycle parking facilities

Demolition of the existing building and erection of a three storey building with basement, terraces at rear first and second floor level roof for use as a single family dwelling house (Class C3); new canopy on the west elevation, and green roof.

An additional representation was received from a local resident (3 July 2018).

RESOLVED (Councillors Bott, Harvey and Short in favour and Councillor Barraclough against):

That the application be deferred for the applicant to consider a re-design of all three frontages.

Use of the building as a day nursery (Class D1).

Additional representations were received from Howard de Walden Estate Ltd (11.07.2018), the Marylebone Mums and Dads Community Group (undated), an interested party (06.07.2018) and the Marylebone Village Nursery School (undated).

Late representations were received from Legal Services (17.07.2018), the manager of Henley Village Nursery School (16.07.2018), a local resident (undated) and Lancaster Hall Hotel (13.07.2018).

Councillor Bott, who had earlier declared an interest in this item, withdrew from the Committee and addressed the Committee in his capacity as a Ward Member in support of the application. He then left the room during consideration of this application.

Councillor Harvey then assumed the role of Chairman for this item.

RESOLVED UNANIMOUSLY:

1.            That it was agreed that the benefits of providing a replacement day nursery outweigh the policy presumption to protect the existing residential use.

2.            That conditional permission be granted, subject to the deletion of condition 4.

2.1      Councillor Iain Bott 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 Bott then made the following further declarations as they related to the specific applications on the agenda:

            Item 1: That the application site is in his Ward, that he knows the applicant who is a next door neighbour and a friend, and that he will withdraw from the Committee for this item and address the Committee in his capacity as a Ward Councillor.

            Item 2: That Councillor Geoff Barraclough, Councillor Selina Short and himself had undertaken a site visit on 17 July 2018.

            Item 4: That the application site in his Ward and that he will withdraw from the Committee for this item and address the Committee in his capacity as a Ward Councillor.

2.3      Councillor Geoff Barraclough declared that in respect of item 8, that he knew the previous landlord and was Chairman of the ACV Committee of which is no longer involved, although his wife is. Councillor Barraclough stated that he does not know the current landlord, however he does still use the premises. Councillor Barraclough stated that he would be withdrawing from the Committee during consideration of this item as he felt that it would be appropriate to do so.

2.4       Councillor Angela Harvey declared that in respect of item 5, the application site is in her Ward and that she will withdraw from the Committee for this item to address the Committee in her capacity as a Ward Councillor.

Cabinet Member approval sought for revision of the Council’s National Non-Domestic Rates Discretionary Relief Guidelines.

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

Reason for Decision 

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

Cabinet Member approval sought.

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 17 July 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.

Cabinet Member approval sought for recommendations of the Panel held on 10 July 2018.

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 of 12 July 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.

Cabinet Member approval sought for recommendations of the Panel held on 5 June 2018.

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 of 5 June 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.

Cabinet Member approval sought.

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 12 June 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.

1.         That the Cabinet Member for Housing and Customer Services granted project approval for the Real Lettings initiative as set out in this report to enable the Council to enter into agreements with Resonance and St Mungo’s.

2.        That the Cabinet Member for Housing and Customer Services approved the investment of £15m into a Property Fund to support Homelessness.

3.         That Cabinet Member for Housing and Customer Services delegated authority to the Executive Director, Growth Planning and Housing and the City Treasurer to enter into contractual agreements for this investment.

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:

·         An increasingly difficult market, marked by rapid increases in rent costs

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

·         Changes to national policy and legislation likely - in the short term at least – to constrain the supply of social rented housing, and

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

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.         This investment provides a cost effective alternative to Temporary Accommodation and provides an additional source of good quality accommodation within London for families in housing need.

4.         This represents a positive investment for the Council compared with purchasing properties and providing support itself, continuing to provide long-term Temporary Accommodation.

To seek approval to appoint a number of suppliers onto a Framework for the provision of Passenger Transport Taxi services for eligible children, young people and vulnerable adults in the Royal Borough of Kensington and Chelsea (RBKC) and Westminster City Council (WCC).

1.1.       It was recommended that the Cabinet Member for Family Services and Public Health and the Cabinet Member for Economic Development, Education and Community, approve the following decisions:

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

1.3.       The appointment of the following suppliers, to Lot 1 - Regular and Scheduled Taxi Provision of the Passenger Transport Taxi Framework for the duration of the four-year Framework:

·         Chequers Transport Ltd

·         Green Tomato Cars Limited

·         HATS Group Ltd

·         Jimac Radio Cars Ltd

·         London Hire Community Services Ltd

·         London VIP Cars

·         Olimpicars Limited

·         One Transport Ltd

·         Westway CT Trading Ltd

1.4.       The appointment of the following suppliers, to Lot 2 - Ad-hoc Taxi Provision of the Passenger Transport Taxi Framework for the duration of the four-year Framework:

·         Chequers Transport Ltd

·         Dial-a-Cab Limited

·         Green Tomato Cars Ltd

·         HATS Group Ltd

·         Jimac Radio Cars Ltd

·         London VIP Cars

·         Olimpicars Ltd

·         One Transport Ltd

·         Q-Despatch (West) Ltd

·         Westway CT Trading Ltd

1.5.       Approval for the following selection methods for the award of call-off contracts for both Lot 1 - Regular and Scheduled Taxi Provision and Lot 2 - Ad-hoc Taxi Provision:

i.              That the ranking of taxi suppliers (as detailed in the exempt section of this report) be used to award all taxi contracts for both Lot 1 - Regular and Scheduled Taxi Provision and Lot 2 - Ad-hoc Taxi Provision according to their ranked positions, unless a mini-competition is required as outlined in the recommendation ii below.

ii.             That for out-of-Borough, longer distance, and TUPE-related contracts, and when in the Council’s interests to do so, suppliers on the relevant Lot of the Framework will be invited to participate in a mini-competition. 

iii.            That the decision to award and enter into call-off contract, valued at £100,000 and under, be delegated from the Corporate Leadership Team to the Head of Travel Care or in his/her absence the Assistant Director of Integrated Commissioning, to ensure transport is delivered to service users in a timely and efficient manner.  Should any taxi contract be valued at £100,000 or more, that this contract will be awarded by the Executive Management Team in accordance with the WCC Procurement Code.

1.6.       That approval was given for WCC to enter into an Inter-Authority agreement with RBKC to enable both Councils to call contracts off the WCC Framework, and to share taxi routes where appropriate.

1.7.       In order to aid efficient future decision-making, given the possibility of fluctuating demand, to approve the delegation to the Assistant Director for the Integrated Commissioning Directorate to review and approve all minor contract variations (up to 10% of the contract value) to ensure they are a compliant modification, whilst also ensuring that there is no disruption of service to vulnerable service users. 

Reasons for Decision

Reasons for re-procurement and establishment of Framework

1.8.       The Local Authority has a statutory duty to provide home to school transport provisions as per the Education Act 1996. Both Councils have a Travel Assistance Policy which clearly sets out these duties, together with further information via the Local Offer. The Travel Assistance policies can be found in the background papers appended to this report.

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

1.10.    The West London Alliance (WLA) framework which service the existing taxi contracts expired in July 2016. RBKC and WCC extended current Taxi contracts under the WLA framework to July 2018, the maximum contract length possible.

1.11.   The re-procurement provides RBKC and WCC with an opportunity, through more detailed service specifications, to formalise current quality standards and to incorporate the feedback from consultation and engagement with stakeholders.

Reasons for delegated authority to call-off contracts from the Framework

1.12.   The approval of delegations to award call-off contracts under the Passenger Transport Taxi Framework, outlined in section 2 of this report, will enable the service to:

·         Align statutory passenger transport provision with the current practice of delegating authority to award care placements to the Director of Family Services based on the needs of children and young people;

·         Offer a quality passenger transport taxi service that is responsive, flexible and offers real-time provision to meet the needs of the child, young person or vulnerable adult;

·         Ensure that the volume of call-off contracts required at the beginning of the new academic year in September is provided without delay or disruption to children and young people’s needs;

·         Meet the changing demands of passenger transport on an ongoing basis in a timely and efficient manner;

·         Achieve best value for the Councils by ensuring that out of borough, longer distance and TUPE related contracts are subject to mini-competition, and;

·         Ensure that taxi contracts can be modified to support the Councils’ fluctuating demands and achieve best value for money through route optimisation whilst also ensuring consistency of service.

Reasons for Inter Authority Agreement

1.13.    The shared service re-procurement on a Bi-Borough basis between RBKC and WCC requires the development of a new Inter Authority Agreement between the two Boroughs to enable them both to operate effectively under the Framework.

1.14.    It is proposed that WCC will call-off from the Framework on behalf of itself and RBKC. The Inter-Authority Agreement will therefore sets out the contractual relationship between the two Councils including how contracts are called off the Framework; how the Councils co-operate to manage the services through the Travel Care and Support Team; WCC’s responsibilities to operate the contract on behalf of RBKC; how any defaults or performance issues by a supplier are  managed; RBKC’s obligations to co-operate and comply with the terms of the call-off; the liability between the two Councils; and how any disputes between the Councils are resolved.

Cabinet Member approval sought for operating lease appointment.

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 Regenerationauthorised the City Council to enter into an Operating Lease with the preferred bidder for 6 years, 364 days for a total net rent as detailed in the report.

3.            That he Cabinet Member for Finance, Property and Regeneration agreed to delegate authority to the Director of Property, Investment and Estates, working collaboratively with the Director of Development, to negotiate and enter into the Agreement for Lease and Operating Lease with the preferred bidder with the final figure not to vary from the total net rent detailed in the report by no more than 5%. 

Reasons for Decision

Westminster City Council (WCC) require a quality building operating to manage the Dudley House scheme and relationships with the school, church and retail operators. WCC will be transferring all risk associated with the management of the building to the operator, however will retain insurance obligations over the structure. The full operating lease will cover these obligations.

Cabinet approval sought for Ebury Bridge Estate Regeneration.

2.1           Cabinet agreed to:

1.1     Take forward Scenario 7 as the preferred development scenario. 

1.2     Concluded the Outline Business Case (Part 1).

1.3     Agreed to extend the re-development boundary to the area needed by the preferred scenario. Please note this land is held freehold by the Council.

1.4     Authorised Officers to enter into voluntary negotiations with residents and retailers to acquire all interests in scenario 7 by agreement at open market value together with compensation commensurate with that payable under compulsory purchase provisions.

1.5     Agreed to extend rehousing commitments to both tenants and leaseholders contained in new development boundary.

1.6     Authorised determination/future agreement of commercial leases in line with retail strategy.

1.7     Agreed to voids no longer being let on residential secure tenancies.

1.8     Authorised tender and commencement of enabling and demolition works including initial demolition notices on void properties to de-risk unknowns and accelerate a start on site in dialogue with Community Future Group (CFG).

1.9     Authorised the implementation of a Meanwhile Use strategy in partnership with the CFG for temporary uses on cleared areas.

1.10    Agreed for a Cabinet Member decision in October 2018 to select a preferred delivery route that will be supported by the Outline Business Case (Part 2).

1.11    Agreed to the need for external procurement, property and legal advice associated with the delivery of the overall project.

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.

2.       Scenario 7 is viewed as the preferred approach following the extensive resident consultation.  It brings about the most beneficial changes when judged against the developed scenario assessment (see summary matrix at Appendix C).  This assessment incorporates an evaluation of Viability, Desirability and Deliverability across the eight scenarios and is supported by:

·       The wide-ranging consultation process with residents and businesses;

·       Soft Market testing within the development market,;

·       The feasibility work completed by the Council led design team and the review;of the five cases within the Outline Business Case (Part 1).

3.       Scenario 7 provides a compelling case in the public interest for regenerationafter a period of resident consultation including a 6 week consultation on the preferred scenario. This scenario will involve comprehensive estate renewal through the creation of 750 homes, including 342 affordable homes, community facilities, retail accommodation and improved public realm, subject to planning.  Further design work will involve further consultation with residents and the wider community.

Notice is hereby given that Richard Beddoe, Cabinet Member for Place Shaping and Planning,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 Paddington’s demolished Town Hall at the Enterprise Space, Paddington Exchange, Hermitage Street, W2, be approved in full.

Reasons for Decision

There is an opportunity to commemorate the establishment of this local government building and its place in the history of the City of Westminster, close to its original location, by the installation of a Westminster Green Plaque on the northern elevation of Westminster’s latest Enterprise Space facility in the Paddington Exchange development in Hermitage Street, W2.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Notice is hereby given that Richard Beddoe, Cabinet Member for Place Shaping and Planning,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 two architects, who designed the Lillington Gardens estate, SW1, be approved.

Reasons for Decision

This is an opportunity to commemorate the two architects whose design skills set new standards in social housing and made Lillington Gardens estate one of the most outstanding public housing schemes of its time.Their innovative designs are widely credited with pioneering the move from tower and slab block designs, which dominated the 1960s.  

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Notice is hereby given that David Harvey, Cabinet Member for Economic Development, Education and Community,has made the following executive decision on the above mentioned subject for the reasons set out below.

Summary of Decision

That the expenditure of £31,639.50 in order to commission 237 550mm diameter Summer and Winter hanging baskets, including full maintenance from June 2018 till May 2019 be agreed.

Reasons for Decision

The expenditure will help address the priority of improving local amenities within the Marylebone High Street Ward.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Notice is hereby given that David Harvey, Cabinet Member for Economic Development, Education and Community,has made the following executive decision on the above mentioned subject for the reasons set out below.

Summary of Decision

That the expenditure of £15,382 in order to commission the rental of 108 Summer and Winter hanging baskets in Little Venice ward. As well as the installation and rental of two additional hanging baskets for Summer and Winter along Randolph Avenue until May 2019 be agreed.

Reasons for Decision

The expenditure will help address the priority of improving local amenities within the Little Venice Ward.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Notice is hereby given that David Harvey, Cabinet Member for Economic Development, Education and Community,has made the following executive decision on the above mentioned subject for the reasons set out below.

Summary of Decision

That the expenditure of £10,225 in order to commission Floating Classrooms, which provides ten learning trips for pupils of Christ Church Bentinck CE Primary School, Gateway Academy and King Solomon Academy during 2018-19 autumn and spring terms be agreed.

Reasons for Decision

The expenditure will help address the priority of improving local amenities within the Church Street Ward.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Notice is hereby given that David Harvey, Cabinet Member for Economic Development, Education and Community,has made the following executive decision on the above mentioned subject for the reasons set out below.

Summary of Decision

That the expenditure of £13,884 to commission the rental of 104 Summer and Winter hanging baskets in Abbey Road ward until May 2019 be agreed.

Reasons for Decision

The expenditure will help address the priority of improving local amenities within the Abbey Road Ward.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

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 a waiver of the Procurement Code to permit the direct award of interim contracts for the contracts listed in Appendix 1 of the report, to the total sum as detailed in the reportfor the period 1st April 2018 to 31^st March 2020 and noted that this will allow for a programme to be developed and implemented for the re-procurement of these services over the next 2 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 is 31^st March 2018 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.

Background is the strategy for provision of aids and adaptations for disabled tenants in properties owned and managed by CityWest Homes on behalf of Westminster City Council. The existing suppler (Effectable) carries out reviews of Occupational Health recommendations and installs property improvements for disabled/ “at risk” persons and families. A contract needs to be procured to replace the existing contract which expires on 17/6/18. The existing contract needs to be extended until 17/07/19 to allow time for a restricted competitive procedure as there is a dense supplier market.

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 extension of the current contract for Aids and Adaptation between City West Homes and the supplier as detailed in the report from 18^th June 2018 to 17^th June 2019. 

Reasons for Decision

1.            A single supplier contract needs to be procured to replace the existing Aids and Adaptations contract, which expires on 17^th June 2018. The existing contract needs to be extended until 17^th June 2019 to allow time for a restricted competitive procedure, as there is a dense supplier market.

2.            Quality, Health and Safety, and safe transfer of services and confidential data to the new supplier are key factors in the re procurement.

To note the 2017-2018 Annual Accounts and Outturn for the Council and its pension fund.

11.1    Councillor Heather Acton, Cabinet Member for Adult Social Services and Public Health, introduced the report that was a statutory annual requirement for Cabinet to note and endorse. She thanked the Independent Chair and Members of the Board for their work.

11.2    Bernie Flaherty, Bi-borough Executive Director of Adults Social Care added that the City Council worked with a range of partners and lessons were being learnt from the experiences.

11.3    RESOLVED:

That the report is noted and strategy and the emerging themes informing its current work endorsed.

     11.4    Reasons for Decision

                 No decision to be made.

12.1    Ian Heggs, Director of Schools, introduced the statutory annual report and advised that the Board had appointed a new Chair from 2017. He advised that there had been a positive trend in the reduction of number of children subject to a protection plan from last year.

12.2    The Leader welcomed the report and thanked the Chairman and the Board and officers for the work undertaken.

12.3    RESOLVED:

            That the report be noted.

12.4    Reasons for Decision

            No decision to be made.

1.       The Cabinet Members approve the implementation of the proposed structures for the services in scope, including the deletion of the current Public Protection and Licensing structure as shown in Appendix 1a to be replaced with the proposed new structure as shown in Appendix 2a; and the deletion of the current City Highways structure in Appendix 1b and to be replaced with the proposed structure as shown in Appendix 2b with effect from 1 August 2018.

1.         The following key factors have influenced the changes proposed in this report and shaped proposals for the proposed re-structures:

Duplication of interactions and opportunities for efficiency

·          For this phase of the programme the focus was on reviewing and validating process maps and system data (i.e. from visits and service requests), identifying commonalities between processes and opportunities for a more efficient and effective delivery of services.

·          Analysis of interactions for the services in scope confirmed that there is clustering of both demand and staff resources. Analysis highlights ‘hotspot’ areas and showed that within 1 day, 80% of visits have overlaps with other visits and within 7 days this increases to 97%. The highest level of overlap between teams is between City Inspectors and Noise EHOs.

·          A more detailed review of the processes showed that whilst there are clear specialisms in each team, the Noise, Highways and Planning Officers process maps show broad similarities with City Inspectors processes and confirmed that a number of opportunities exist for integrating roles, such as sharing compliance activities.

·          Analysis of the activities performed by the Highways Inspectors identified opportunities to increase capacity on the street to report on non-specialist activities such as street lighting, gullies and “Priority One” issues through City Inspectors. This opportunity would be enabled through appropriate tasking and new reporting tools delivered through the digital programme.

·          Increase multi-tasking and collaborative working across highways licensing and Schemes Management creates ownership of an area, with highways inspectors able to acquire local knowledge of historical issues and street features.

·          This provides the opportunity to adopt a blended approach, which enables elements of multi-tasking to run alongside specific expertise.

·          There is also the opportunity to extend the collaboration to closer working with Schemes Management to enable more consistent application of standards between road works and planned and preventative maintenance.

Maximising capacity to meet increasing demand

·          The significant increase in demand for services, for example short-term lets and the associated ASB issues, requires a new collaborative approach and the use of collective powers in order to better manage the rising demand within existing resources.

·              Analysis of a number of services also revealed opportunities to ‘buddy up’ roles in order to increase capacity to manage the issues and avoid lone working.

·              The analysis and consultation also identified opportunities to enhance relationships with partners and stakeholders to ensure more collaborative, multi –agency working to meet the needs of the community.

·              A review for the demand for the deployed services within City Highways was undertaken and the analysis showed that the introduction of a blended highways inspector role in conjunction with a deployment rota would allow the service to meet the increasing demand for services.

·              A more collaborative approach and centralising of support functions and other coordinating activities would also assist in meeting increasing demand for services across the network.

Community Focus and Civic Leadership

·            The changes centre around a proposed neighbourhood model to deliver front line services seeking to better appreciate and understand the different characteristics and demands of the city and focus resources accordingly. This model, based on ward boundaries, provides clear links for Ward Members, stakeholders and service providers to work together and deal with issues in a more coordinated and collaborative way.

·            It is also anticipated that the neighbourhood model could help to support the Council’s Community Cohesion Commission agenda, particularly by contributing to the recommendation to ‘work with businesses, voluntary and community groups to develop an approach that enables businesses and other groups to easily connect with the community and jointly deliver activities to strengthen community cohesion.’

       Staff Engagement Feedback

·            An extensive programme of staff engagement has taken place and the feedback received from staff has helped to inform the proposals and refine the requirements for the transition into the new model.

Cabinet Member approval sought for renewal of Microsoft licensing.

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 to undertake a procurement for the Enterprise Agreement, running a further competition with the suppliers on the Crown Commercial Service Framework, allowing 2 weeks for the suppliers to respond, a week to evaluate and moderate responses and award to the winning bidder and that the award would be for a period of three with the contract expiring 31st May 2021.

3.            That the Cabinet Member for Housing and Customer Services noted the total value of Microsoft licences as set in the report, including the annual value and that this includes significant volumes of licences that are consumed directly by Council Service departments.

Reasons for Decision

1.            The licences are required for day-to-day operation in the three councils.

2.            Renewal of the Enterprise Agreement aligns with the strategic vision of collaborative working, while using cloud-based tools for current and future collaboration solutions, and is in-line with the Digital Transformation Programme and the Governments “Cloud First” policy.

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

2.     That the Cabinet Member for Environment and City Management approved the recommendation to award the Contract for the Provision of Fixed Point Car Sharing Services (Lot 1) to the preferred bidder and the Contract for the Provision of Flexible Car Sharing Services (Lot 2) to the recommended providers, as the first and second placed bidders respectively, for a period of two years from 1^st June 2018, with the option to extend by up to a further two years for both lots.

1.     The tender submitted by the preferred bidder for the fixed point service offers the most economically advantageous proposal to the Council in comparison to the other bidders because they offered the highest price for each of the bays they will be operating from and because of the qualifying bids, their bid achieved the highest quality score.

2.     Two bidders submitted tenders for the flexible service, where two concessionaires for the service were sought from the procurement.  One offered the most economically advantageous bid to the City Council, and are the first placed concessionaire, with the other, second placed.

1.       That the Cabinet Member for Environment and City Management approved the contract to be extended for up to two years, with a break clause at six-monthly intervals and/or termination for convenience (60 days’ notice required). To ensure compliance is managed at all times with no loss of service, the extension will commence, subject to Cabinet Member approval, on the cessation of the existing contract from 1^st July 2018.

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

1.       Since July 2014 the contractor has managed the provision of the on-street marshalling service via the P&R contract. At the time the contractor’s tender offered the most economically advantageous proposal when compared to the other tenders received in relation to:

·         Contract cost

·         Kerbside management solution

·         End-to-end business processing solution

·         Technology platform and integrated solution

·         Customer solution

·         Transition and mobilisation

·         Management Systems

2.       This initial term of the contract is due to expire on the 30^th June 2018 and parking services wish to invoke the two-year contract extension catered for in the contract, whilst incorporating a number of enhancements such as: a reduction in the number of paid for Marshalling hours; and Marshal deployment directly from home rather than via a base.

3.       The alternative to extending the contract would be a full procurement which would be time and cost prohibitive.

Cabinet Member approval sought for recommendations of the Panel held on 23 April 2018.

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 23 April 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, which are more fully set out in the case papers submitted to the Panel.

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 10 April 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.

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 Corporate Services approved the award of an extension to the existing contract to the organisation named in the report for the period beginning 1^st April 2018 and ending 31^st October 2018 so as to continue the existing property management services until the current re-procurement exercise has completed.

Reasons for Decision 

To ensure a successful handover of the contract should the existing organisation not be re-appointed to include dealing with all Transfer of Undertakings (Protection of Employment) and outstanding financial matters.

1.            That the Cabinet Member for Planning and Public Realm agreed that the final scheme as set out in Appendix C of the report be implemented;

2.            That the Cabinet Member for Planning and Public Realm approved the phased implementation programme for these works as set out in section 9 of the report and in Appendix F;

3.            That the Cabinet Member for City Highways noted the outcome of the traffic management orders consultation set out in Appendix E and approves the making of the necessary traffic orders as set out in Appendix D;

4.            That the Cabinet Member for Finance, Property and Corporate Services gave authorisation to spend the remaining project costs – up to £12.55m, subject to the project being fully funded.

5.            That the Cabinet Member for Finance, Property and Corporate Services noted the updated funding strategy as set out in section 10 of the report;

6.            That delegated authority be given to the Executive Director for City Management and Communities in consultation with the relevant Cabinet Members for minor modifications to the approved scheme;

7.            That delegated authority be given to the Executive Director for City Management and Communities in consultation with the relevant Cabinet Members to amend the implementation programme for this scheme should the need arise, and in response to the identified funding becoming available through the delivery process;

8.            That delegated authority be given to the Executive Director of City Management and Communities in consultation with the relevant Cabinet Members for minor modifications to the approved Traffic Management Orders;

Reasons for Decisions

1.            Final approval is now being sought to implement the Hanover Square scheme this summer, with some initial enabling works starting on site this Spring.  Approval now will enable materials to be ordered and works to be carried out on the ground ahead of the Crossrail station opening towards the end of the year. 

2.            Without approval being granted for these works, it will not be possible for the City Council’s appointed contractors to deliver a safe and accessible public realm to enable station opening.

3.            Delegated authority is being sought to enable minor alterations to the scheme, traffic orders, and delivery programme to be made, should the need arise, during the construction process.

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

2.         The Cabinet Member for City Highways approved that the existing contract be extended for two years, with the extension commencing on the cessation of the existing contract on 31 October 2018 to ensure compliance and no loss of service.

1.       The initial term of this contract is due to expire on the 31 October 2018 and Parking Services wishes to invoke the two-year contract extension catered for in the contract. The benefits of a two-year extension are that it allows the parking service to continue to deliver a value for money service with further cost savings, as well as incorporating a number of enhancements.

2.       Over the initial contract term the competitive landscape for cashless parking has changed, and the contract extension will enable cost reductions to be realised in this area.

3.       Since November 2014 NSL Ltd have managed the provision of the BP&T contract successfully. Some of the key successes have been:

·         Strong KPI performance across all areas.

·         Enhancement of KPIs to drive continuous improvement.

·         Implementation of reduced response times for complaints.

·         Reduced PCN cancellation rate of 2%; 2016/17 compared to 2015/16.

·         Handling of 23% increase in PCN volumes; 2016/17 compared to 2015/16.

·         Strong delivery of camera enforcement; delivering both technology and PCN issue.

·         Strong IT performance for system availability and incident response times.

·         Marston’s acquisition in December 2016 with ongoing transition programme in place.

4.       The alternative to extending the contract would be to deliver a full procurement. There was a significant capital investment at the start of the existing contract and the extension allows the full value of this investment to be realised. A new procurement would also be at a cost to the council.

1.            That the Cabinet Member for Finance, Property and Corporate Services endorsed the Victoria Westminster BID (Business Improvement District) Proposal.

2.       That the Cabinet Member for Finance, Property and Corporate Services requested that the Chief Executive as Returning Officer and “Ballot Holder” to hold a ballot for the Victoria Westminster BID Proposal.

3.       That the Cabinet Member for Finance, Property and Corporate Services authorised the Director of Law to complete the necessary legal agreements required for the operation of the BID Levy, Ballot and service arrangements and any other necessary matters for the proposed BID in consultation with the appropriate officers.

Reasons for Decisions

1.            The development of a BID represents an incredible opportunity for businesses situated across SW1, to drive forward a powerful agenda that ensures Victoria Westminster remains one of central London’s most significant districts.

2.            This partnership approach between Victoria BID; Westminster City Council, the Greater London Authority and other statutory bodies, will see a stronger and more influential voice for our business community enabling us to shape a thriving and sustainable Victoria Westminster.

3.            The extensive consultation with the business community within the footprint, identifies five priorities that businesses would like to see addressed. These priorities are highlighted within the Victoria Westminster BID Proposal and Annex 1.

4.            As a location, the area suffers from pockets of poor public realm, poor pedestrian connectivity and inadequate signage. Through a collective partnership the BID will see over £5.6m of investment spent on a range of tactical and strategic projects. These projects will be highlighted by the business community, as interventions that they would like to see implemented.

1.         Thatapprovalisgivenforthe finaldesign fortheSt James’s Palace Forecourt Public Realm Improvement Projectas shownon theGeneralArrangementdrawing no. 7009910-03-SK-06shownin AppendixB to the report.

2.         ThatTrafficManagementOrdersare madetointroducetherevisedparkingand loadingcontrols asshownon theTrafficManagementOrderdrawingno. 70019910-02-TMO-02 shownin AppendixC to the report.

3.               Thatapprovalisgivento construct theproposalsfortheSt James’s Palace Forecourt Public Realm Improvement Project inlinewiththeproposedProject DeliveryProgramme asset out in Section8 of thereport.

4.               Thatspendingapprovalisgivenof £1.989m,whichis funded by The Crown Estate together with TfL, a s.106 contribution, and other private sector sources.

5.       That the Director of City Highways, CityManagementandCommunities be authorised to enter into agreements with The Crown Estate and others on behalf of the Council to secure the contributions before works commence.  

6.       ThattheDirector of City Highways, City ManagementandCommunities isgivendelegated authorityto makeanyadditionalchangesto theTrafficManagementOrders neededfortheprojectand tomakeany necessarychangesto theSt James’s Palace Forecourt Public Realm Improvement Project designsas presentedin thisreport,inconsultationwith theCabinetMemberfor Planning and Public Realm  andtheCabinetMemberfor CityHighwayson conditionthatthesechangesdo notexceedtheoverallapproved capitalexpenditureof£1.989m.

7.              ThattheCabinetMember for Planning and Public Realm andtheCabinetMember forCityHighwaysagreed the above mentioned decisions to theextentthatthemattersfall within theirrespectiveTerms of Reference.

ReasonsforDecision

1.               Supported by The Royal Household, the proposed highway modifications seek to deliver a high quality public realm scheme in the forecourt area in front of St James’s Palace which that will benefit place making whilst providing improvements to pedestrian comfort and safety.

2.               The scheme aims to:

·         Improve the setting of St. James’s Palace;

·         Enhance pedestrian permeability through improved, wider footways and pedestrian crossings;

·         Improve the safety of pedestrian movements with the introduction of a new zebra crossing on Marlborough Road;

·         Improve traffic conditions by channeling traffic through the area by the implementation of streetscape improvements, including the creation of a lozenge shaped island which will reduce speeds;

·         Provide a new formal right turn on Marlborough Road into Pall Mall eastbound and reduce “u” turns;

·         Raise the profile of commercial frontages;

·         Improve the public realm through the use of high quality natural materials in the island and footways; and

·         Support the delivery of security measures proposed on Marlborough Road. 

2.       Theresults ofthe Ward Member consultation, stakeholderengagementand TrafficManagementConsultation indicatethat theprojectis consideredbeneficial.

1.       That the Cabinet Member for City Highways reaffirms the City Council’s support for the Quietway Edgware Road to Fitzrovia scheme, as part of the Central London Cycle Grid, and agrees to it being implemented.

2.       That approval is granted to undertake design and implementation of the proposed Quietway Edgware Road to Fitzrovia scheme, as part of the Central London Cycle Grid.

3.       That the Cabinet Member for City Highways gives delegated authority to the Executive Director for City Management and Communities to agree final scheme proposals and to enter into any necessary legal agreements with Transport for London, in consultation with the Cabinet Member for City Highways.

4.       That the Cabinet Member for City Highways gives delegated authority to the Executive Director for City Management and Communities to make any requisite traffic regulation orders associated with the scheme.

5.       That the Cabinet Member for City Highways approved capital expenditure in the sum £2,974,927 to complete the scheme.     

1.       The proposed scheme will contribute to the Council’s City for All objectives. It is intended that this scheme will:

·         Provide legible and safer routes for cycle traffic.

·         Improve the public realm and pedestrian facilities.

·         Improve health. This will be achieved in part by encouraging more everyday journeys to be made by active transportation. Improvements to pedestrian facilities are also proposed as part of the scheme.

·         Encourage more people to cycle. This will be achieved by implementing a scheme suitable for all people who want to cycle in the area, particularly those wishing to avoid some of the busier, highly trafficked main roads.

·         Reduce CO₂ emissions. This will be achieved in part by encouraging modal shift from private motor vehicles to bicycles.

·         Reduce overcrowding on public transport. This will be achieved in part by encouraging more journeys to be made by bicycle.

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 Corporate Services approved the Direct Award of a contract to the preferred bidder for a period running from 10 April 2018 until 9 April 2020 for Data Network Services and noted the contract price for the two year term.

3.            That the Cabinet Member for Finance, Property and Corporate Services noted that as part of providing a shared IT service across Westminster City Council and the Royal Borough of Kensington and Chelsea, the intention is that a common networks service will be provisioned from April 2020.

Reasons for Decision

To maintain seamless and secure access for Westminster City Council staff to critical Council services, provide stability during a transition period where the Council will recant to City Hall, and to support the planned introduction of a Bi-borough shared network service with the Royal Borough of Kensington and Chelsea. Furthermore, the contract award avoids significant transition charges associated with a change of supplier for like-for-like services.

That Appendix A of this 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.

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

Reasons for Decision

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

1.          That the detailed proposals for the Highways PPM programme for 2018/19 at an estimated gross cost of £8,800,000 as detailed in Section 5.1 and Appendices A to C to the report, be approved.

2.          That the detailed proposals for the Bridges and Structures PPM programme for 2018/19 at an estimated gross cost of £1,115,000, as detailed in Section 5.2 to the report, be approved.

3.          That the detailed proposals for Public Lighting PPM programme for 2018/19 at an estimated gross cost of £3,068,000, as detailed in Section 5.3 and Appendix D to the report, be approved.

4.          That the gross capital expenditure of £12,983,000 (net capital expenditure of £12,608,000) for 2018/19, comprising the annual PPM programmes for the City Council’s Highways, Public Lighting & Bridges and Structures be approved.

5.          That the Cabinet Member for City Highways delegates 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 to the report, subject to the proviso that the overall budget is not exceeded and that the Cabinet Member is consulted on any significant changes.

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

2.          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.          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 2019/20.

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.

Cabinet Member approval sought for contractor procurement in respect of Parsons North.

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 Cabinet Member for Finance Property and Corporate Services and the Cabinet Member for Housing gave:

·         Authorisation to spend for Enabling Works, as detailed in Section 9 of this report.

·         Approval of the award of a contract for Parsons North Pre Construction Services Agreement to the preferred bidder for the sum as detailed in the report.

·         Approval for the Executive Director Growth, Planning and Housing and the Director of Housing and Regeneration to  appropriate for planning purposes the Council’s interest in the land shown outlined in red on the plan at Appendix A, under section 122 of the Local Government Act 1972 and to subsequently exercise the powers under section 203 of the Housing and Planning Act 2016, 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.

·         Approval to use the Affordable Housing Fund allocation as detailed in the report for the nineteen affordable units within the scheme, giving a total allocation for the sum as set out in in the report.

Reasons for the Decision

The redevelopment of Parsons House North is vital not only in townscape terms but as a key contribution to the provision of more housing in the area.

The report is seeking Cabinet Member approval for the Outline Business Case endorsed by Capital Review Group.

1.         That this report and all its appendices 1 -5 attached to this report be exempt from disclosure by virtue of the Local Government Act 1972 Schedule 12A, Part 1, paragraph 3 as amended, in that they contain information relating to the financial or business affairs of Westminster City Council.

2.         That the Cabinet Member for Environment, Sports and Community, the Cabinet Member for Finance, Property and Corporate Services and the Cabinet Member for Housing approved the decision to:

·                       proceed with the Fast Track Phase of the project and

·                       approve the Outline Business Case (OBC) as set out in the report.

3.         That the Cabinet Members above noted that the following this decision the Executive Director for Growth, Planning and Housing will:

·                       Transfer the project from the Housing Revenue Account (HRA) to the General Fund

·                     Allocate funding as detailed in the report from the General Fund to progress the project through to the investment decision stage

·                     Sign Heads of Terms and finalise the contracts for:

o        (a) connection and heat supply/off-take agreements with West End Gate; and

o        (b) heat purchase from City of Westminster College (including agreeing service levels with the Cabinet Member for Housing)

·                     Implement the procurement strategy developed to support the OBC for enabling and implementation works with Gate

·                     Commence procurement of the Design, Build, Operate and Maintain contractor for the Fast Track Phase against the ring-fenced budget in the HRA (with contract award subject to approval by the Cabinet Member for Housing)

·                     Commence survey works for the route as recommended in the market testing response, including spending an amount as set out in the report of the Department of Business, Energy and Industrial Strategy’s commercialisation funding.

·                     Instruct the professional team to prepare a planning application for the Fast Track Phase i.e. the pipework

·                     Develop a communications strategy for the project for approval by Cabinet Member for Housing

·                     Develop the implementation strategy for the subsequent phases for a future decision, including whether to continue with the project in the HRA or transfer in preparation for third party investment.

4.         That the Cabinet Member for Environment, Sports and Community noted that:

·                     the budget for this project will require the allocation of:

o   Carbon Offset funding as detailed in the report

o   Section 106 and Community Infrastructure Levy (CIL), subject to a Cabinet Member report approval

o   Phase 1 and Phase 2 CIL funding as detailed in the report for the energy centre space – but not until 2021 and 2024.

Reasons for Decision 

Approving the OBC does not commit the Council to implementing the full project; rather it allows Members to make a decision on project implementation from a more informed position.

That the expenditure of £13,021.45 in order to commission Lamppost strength testing

along Abbey Road, Grove End Road and Abercorn Place provided by FM Conways and the installation and supply of double brackets along these roads, as well as the rent and maintenance of these hanging baskets, by Windowflowers be approved.

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

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

Summary of Decision

That the Cabinet Member for Environment, Sport and Community agreed that:

1.     All the currently recognised amenity societies listed in the table at paragraph 4.10 of thi report continue to be recognised for formal consultation purposes on planning in their respective areas.

2.     Within the area of the Belgravia Residents Association (BRA), that both the Belgravia Residents Association and the Belgravia Society are formally recognised for consultation purposes in respect of planning applications

3.  That within the area of the Residents Association of Mayfair and St James (RAMSJ),

      i.     the RAMSJ remain the sole recognised society for the area and

 ii.    Mayfair Residents Group is not formally recognised at this time but is consulted on planning applications within their area (the Mayfair area only) and is asked to submit further information (as set out in paragraph 4.18 of the report) within 18 months of the date of this decision for further review.

4.  That within the area of the Westminster Society:

                     i.       the Federation of Pimlico Residents Associations (Pimlico FREDA) be formally recognised for consultation in respect of planning applications but the Westminster Society also continues to be recognised and consulted on applications within this area.

                    ii.       the Cathedral Area Residents Group be ‘semi-recognised’ and consulted on applications within its area and major applications within the adjoining area but that the Westminster Society remain the recognised group for the area. Should the relationship between the two not function, the alternative of co-recognition may be reconsidered within 18 months of the date of this decision through further review.

5.     That the Portland Village Association be ‘semi-recognised’ and consulted on applications within its area but the Marylebone Association and Fitzrovia Neighbourhood Association remain the main recognised amenity societies in this area.

6.     That the Queens Park Estate Society is no longer classed as a recognised Amenity Society and the Queens Park Community Council is now the only consultee for this area.

7.      That relevant societies be notified of the above and a full list of recognised, semi-recognised societies and other groups be published on the website.

Reason for Decision

To ensure that effective arrangements for consultation on planning issues with amenity societies are in place.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

Cabinet Member approval sought for recommendations of the Panel held on 12 March 2018.

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 Corporate Services approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 12 March 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.

Cabinet Member approval sought for restructure of Facilities Management Service.

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

2.            That Following a full review of the tri-borough Total Facilities Management (TFM) Project Agreement (i.e. the contract) the Cabinet Member for Finance, Property and Corporate Services agreed to the proposed changes to the current Facilities Management (FM) service model.

3.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Corporate Services to conclude negotiations with Amey on terms recommended by the Council’s professional advisors in accordance with the Heads of Terms and agree any necessary variations to the Heads of Terms or contract which are in the Council’s best interests and necessary to complete the negotiations and determination of the existing contract.

4.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director for of Corporate Services and the Director of Property, Investment and Estates to incur the costs of professional fees associated with the exit from the contract.

5.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Corporate Services and the Director of Property, Investment and Estates to establish a new FM delivery function to delegate authority to the Director of Corporate Services and the Director of Property, Investment and Estates to change the FM service model from the single TFM Project Agreement that governs the supply of FM services to the three boroughs, to a sovereign performance focused multi-supplier model comprising a combination of in-house and external supplied services with a more direct influence on compliance, performance and direct customer engagement, and to procure and award new contracts to fulfil the requirements of the new FM delivery model through a number of competitively tendered contracts governed by existing framework agreements

6.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Property, Investment and Estates in consultation with the Director of People Services and the City Treasurer to establish a new in-house Facilities Management team while also cogniscent of the influence of TUPE on this process.

7.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Property, Investment and Estates to approve mobilisation and transition costs to support the transformation in consultation with the City Treasurer.

8.            That the Cabinet Member for Finance, Property and Corporate Services approved that the revenue budget consequences in 2018/19 be approved by a virement as agreed by the City Treasurer and the Executive Director for Growth, Planning and Housing, that that the revenue consequences for 2019/20 be dealt with as part of the 2019/20 budget setting process and that the income received from Amey Community Homes be placed in a reserve to be utilised as needed to finance any short term financing issues.

Reasons for Decision

1.         The recommendations are to enable the TFM Project Agreement to terminate early by mutual agreement and to arrange the supply of replacement FM services through a mixture of in-house and externally procured services.

2.            This recommendation represents the best approach to reasonably obtain appropriate FM services in the most cost effective and timely manner.

3.            The recommendations enable continued strong contract management via more nimble and service specific contracts.

4.            The recommendations provide for the Council to monitor and manage health and safety compliance more effectively and to be more closely involved with this function.

5.            The recommendations ensure an effective, efficient and well-maintained corporate estate which properly supports the Council’s delivery of services and offers the most economically advantageous combination of cost and function.

6.            This enable the Council to meet its City for All obligation and its service transformation Routemap to Success targets by providing an efficient corporate estate.

Cabinet Member approval sought.

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 Corporate Services delegated authority to the Director of Property, Investment and Estates to enter into negotiations and concludes terms with the current tenant to a surrender of their current lease.

3.            That the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Property, Investment and Estates to enter into negotiations and concludes terms in the best interests of the Council with a preferred headlessee partner to enable the redevelopment of Cavendish Square Car Park.

4.            That In the event negotiations with a preferred party are not successfully concluded, the Cabinet Member for Finance, Property and Corporate Services noted that authority be delegated to the Director of Property, Investment and Estates to select an alternative development partner. This selection will be undertaken in consultation with the Cabinet Member for Finance, Property and Corporate Services.

5.            That following selection of a preferred party, the Cabinet Member for Finance, Property and Corporate Services delegated authority to the Director of Property, Investment and Estates to complete negotiations and conclude terms to granting an initial headlease and an option for a 125 year headlease (as applicable) to the development partner and to conclude these terms and negotiations in the best interest of the Council.

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

Reasons for Decision

The proposed granting of a headlease of the underground car park at Cavendish Square to enable economic benefits and regeneration using private sector skills and finance. The new headlessee will enhance the Council’s asset and improve the environment surrounding it for the benefit of residents, businesses and visitors.

1.         That approval be given by the Cabinet Member for City Highways and the Cabinet Member for Planning and Public Realm to proceed to the implementation of the proposed scheme as outlined in the General Arrangement drawing in Appendix B in the report.

2.         That approval be given by the Cabinet Member for City Highways and the Cabinet Member for Planning and Public Realm for capital expenditure of £2,235,187 to implement the scheme.

3.         That authority be delegated to the Executive Director of City Management and Communities in consultation with the Cabinet Member for City Highways to approve minor modifications to the scheme should they become necessary.

1.         The proposed scheme will improve facilities for pedestrians, market traders, residents and businesses through the public realm improvements. The site is a hub of activity for tourists and locals and attracts high levels of pedestrian footfall during market operational hours. Safer pedestrian movements, with the introduction of a pedestrian crossing point, raised carriageway tables at junctions and modern street lighting will provide needed improvement to this area.

2.         Public consultation was undertaken in September 2017 to seek views on this proposal.

3.         The only outstanding concern is the provision of electricity and EV bollards. Initial survey work undertaken confirmed that the introduction of power supply for traders could be difficult as the services along Strutton Ground are very shallow. From our analysis it would seem as though the electrical bollards could not be installed in a straight line. There are engineering complexities with providing electricity in this location which will be subject to further investigation and demand analysis.

1.    That the Executive Director of Children’s Services be given delegated authority for the access call-off and award of the WLA contracts for the Dynamic Purchasing Vehicles.

2.    That the Executive Director of Childre’s Services be give delegated authority to select the various call-off options in award of contract in accordance with the rules of the DPV. Where a suitable placement cannot be found, to delegate authority to spot purchase placements outside the identified frameworks.

3.    That the use of an alternative bespoke procurement portal, Curtis Fitch software application, as an e-Procurement platform for the purpose of e-sourcing and supplier relationship management be agreed.

This provision of placements for our Looked After Children and young people with Special Educational Needs or Disability are to be procured by the Council by first entering into Access Agreements with Brent, Ealing and Barnet Councils to allow it to use the framework agreements that they are in the process of procuring. 

Once the Access Agreements has been signed, the Council can procure services under the Frameworks using the call off procedure set out in the Framework Agreements. The Council has not had sight of the Framework Agreements at this stage or draft Access Agreements.  It is understood that they will be available at the conclusion of the current EU procurement.

It is recommended, therefore, that the Cabinet Member delegates authority to the Executive Director of Children’s Services, the decision to enter into the Access Agreements provided the Director of Law approves. This will ensure that the Council does not enter into such Agreements without due consideration of the procurement process conducted by Ealing, Barnet and Brent and the terms of the Access Agreements. 

That the syllabus set out at Appendix A of the of report as Westminster's Locally

Agreed Syllabus for Religious Education be approved.

That the Director of Education be authorisedto take all necessary steps to publish

the Westminster locally agreed syllabus.

The Agreed Syllabus Conferencehaving taken advice from experts in the field

have concluded that the revised locally agreed syllabus for religious education will

best serve Westminster's needs and will allow the local authority to fulfil its duty to

review and provide a locally agreed syllabus for religious education.

Cabinet Member approval sought for hardware refresh and Windows 10 upgrade.

1.              That Part B of this report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A, Part 1, (as amended) paragraph 3, 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 Corporate services approved officers to procure a contract for provision of Windows 10 implementation services by varying the existing BT Lot 1 Call-Off contract.

Reasons for Decision

1.            Contract Regulation 2.37 states that “No modifications not provided for in the conditions of contract of above the European Union threshold (£164,176) contracts may be made until approved by the Director/Executive Director having consulted the relevant Cabinet Member”.

2.            It is necessary for the Councils to maintain technologies for use that continue to facilitate key service delivery effectively, efficiently and safely within regulatory constraints. The End User Computing (EUC) project is an enabler for wider programme outputs to maintain and achieve required Information and Data Security compliance criteria.

3.            The extended support period for Windows 7 ends on 14th January 2020. With every new OS there are improvements in security to keep pace with the ever changing threat landscape. A proactive upgrade to Windows 10 significantly minimises the risk for the Councils entering into a period of functioning with a non-compliant and outdated OS absent of new security features, in particular, those to facilitate the imminent General Data Protection Regulations (GDPR).

4.            The EUC project is aligned to IT strategic principles and will deliver components of the strategy including a focus on digital delivery, simplified and modernised technical infrastructure, leveraging IT investment and Customer Centric Services.

5.            The business will benefit from a number of enhanced features inherit to Windows 10 and the rollout of new devices including improved usage speeds, performance and better device choice ergonomically suited to evolving and modern workstyles.

That the Leader of the Council approved that:

·         For a fixed period of 12 months to 28 February 2019 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 2019 require a further formal decision by the council. 

·         In the event contributions under the scheme are made direct to the council the City Treasurer makes provision to transfer to the Trust any such contributions unless otherwise specified by the contributor. 

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

·         The council comply with data processing principles when soliciting donations from the residents on behalf of the charity.

Reasons for Decision 

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

most expensive homes to pay a voluntary contribution to support local services.  The

consultation found a significant showing of support for the scheme.  A copy of the

consultation document is appended to the report at Appendix 1.

Decision:

That the Cabinet Member for Business, Culture & Heritage sign the amendment to the Subsidy Contract between Westminster City Council and URBACT III Managing Authority

Reason for Decision:

The project would bring in external, EU resources to complement and augment Westminster’s work regarding supporting businesses, reducing traffic congestion, managing freight activity and mitigating air and noise pollution.

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.

Cabinet Member approval sought for proposals for Luxborough Street Development, London, W1U.

1.              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 these documents contain 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 Corporate Services, Cabinet Member for Housing and the Cabinet Member for Environment, Sports and Community noted the progress undertaken so far and approved further work on options 2 and 3 only in accordance with the steps outlined in the report.

3.              That the Head of Development working collaboratively with the Director of Property, Investment and Estates and the City Treasurer will recommend a preferred option seeking the approval of the Cabinet Member for Finance, Property and Corporate Services prior to the submission of a detailed planning application and conclusion of the business case in line with the recommendation in 2.2 above.

4.              That, in accordance with the recommendations from the Capital Review Group (CRG), the Cabinet Member for Finance, Property and Corporate Services noted that the gross capital budget of £21.4m remains in place for the project and gives authorisation to the spend of £1.43m in developing the preferred option, to a detailed design (RIBA 4) stage. The Cabinet Member noted that this together with previous expenditure on the old library scheme will take total authorised spend to £2.262m.

5.              In accordance with the recommendations from the CRG, the Cabinet Member for Finance, Property and Corporate Services noted that in order to prevent previous incidents of anti-social behaviour from reoccurring and in accordance with the wishes of the residents of Luxborough tower, the reinstatement of the kick about space under Option 1 will not be progressed further.

6.              That the Cabinet Member for Finance, Property and Corporate Services authorises the Director of Property, Investment and Estates to undertake any further appropriations required and after a legal review, authorises the use of any necessary powers under section 203 Housing and Planning Act 2016 if required for the chosen project in consultation with the Director of Law subject to this being affordable within the budget envelope.

7.              That the Cabinet Member for Finance, Property and Corporate Services authorises the Director of Property, Investment and Estates and the Director of Housing to complete the transfer of the land, the subject of the previous appropriation at the current red book value.

8.              That the Cabinet Member for Finance, Property and Corporate Services noted the existing offer to the Luxborough Tower residents for expenditure on design and improvement of the remaining landscaped areas to compensate for the loss of any existing rights regarding this site.  The Cabinet Member for Finance, Property and Corporate Services authorises officers to include these works to secure the site as part of the development.

9.              The Luxborough Street development site had previously been identified as the new location of the permanent Marylebone Library, this site is no longer required for this purpose as the library is now being relocated to the nearby Seymour Leisure Centre, co-located with the existing leisure centre. This decision has released Luxborough Street for an alternative development opportunity.

10.           A business case will confirm alternative potential uses and recommend an option(s) (currently shown as 2a to 3b in section 1.6) which will be developed further but with the exclusion of option 1.

11.           In May 2017, CRG was asked to endorse the preferred options, to confirm that the budget was available and that further project spend could take place.

12.           Cabinet Member approval is now required for the project to enable Council officers to progress the preferred options. Council officers will update CRG each quarter on the project’s progress.

That the Cabinet Member for Finance, Property and Corporate Services approved the following:

·         the total budget for the My Westminster programme and DHP as £3.322m.

·         that the underspend of £2.982m as reported in the budget monitor at period 6 is utilised to partially finance this.

·         the governance arrangements required by the Council decision on 8 November 2017 for the Community Fund element of the My Westminster Fund as set out in Appendix A of the report.

·         that the decision to award individual bids for the Community Fund element of the My Westminster Fund be delegated to the Director of Policy, Performance and Communications

·         that the other individual projects be limited to the sums set out in the report in sections 4.4 to 4.6, are transferred to the relevant Executive Directors budget and managed as part of their revenue budgets under the Council’s Financial Regulations

The Cabinet Member for Environment, Sports and Community approved the financing of the remainder of the My Westminster Programme (My Westminster Fund) to the value of up to £0.34m from the projected underspend on the 2014-2018 wards budget.

Reasons for Decision

The reason for the report is to seek Cabinet Member approval to finance and associated governance to the My Westminster programme with the forecast underspend of £2.982m reported in the budget monitor as at month 6 for the financial year 2017/18 with a further budget contribution of up to £0.34m to be funded from the projected 2014-2018 ward budgets underspend.

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

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

2.            That the Cabinet Member for Finance, Property and Corporate Services agreed to delegate authority to the Executive Director of Growth, Planning and Housing to purchase the flats as detailed in the report, to conclude all necessary negotiations and to oversee legal documentation in association with the Council’s in-house legal team.

3.            In addition, the Cabinet Member for Finance, Property and Corporate Services noted the Stamp Duty Land Tax costs associated with the acquisitions as detailed in the report.

Reasons for Decision

1.         Increasing the Council’s ownership to aid and facilitate longer term aspirations for the site.

2.            The properties will be held for investment purposes and may be used for temporary accommodation or under Assured Shorthold Tenancies.