Decisions

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

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

Decisions

05/09/2019 - Disposal of Homes ref: 1078    Recommendations Approved

Cabinet Member approval sought for disposal of homes.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/09/2019

Effective from: 13/09/2019

Decision:

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

 

2.            That the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Housing Services approved the disposal of 24 units in Hounslow to the organisation and the agreed disposal price as set out in the report.

 

3.            That the Cabinet Member for Finance, Property and Regeneration and the Cabinet Member for Housing Services authorised the Director of Housing, in conjunction with the Director of Law, to agree the contract terms and to conclude the contract.

 

Reasons for Decision

Approval of the recommendations will enable the City Council to dispose of the 24 Housing Revenue Account owned units to reinvest in replacement homes to be used for Social Housing.

 


04/09/2019 - Ward budget spending from Bayswater ward ref: 1077    Recommendations Approved

Ward budget spend from Bayswater ward

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 04/09/2019

Effective from: 04/09/2019

Decision:

Summary of Decision

 

That the expenditure of £10,125 to commission Floating Classrooms, which provides ten learning trips for pupils of St Mary of the Angels RC and St Stephen’s CE Primary Schools during the 2019-20 autumn and winter terms be approved.

 

Reasons for decision

 

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.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

2 September 2019

Implementation Date:

2 September 2019

Reference:

 

CMfSC&C/9/2018/19

 

Wards affected: Bayswater;

Lead officer: Janis Best


03/09/2019 - Greater London Authority - Affordable Homes Programme - BID ref: 1076    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 03/09/2019

Effective from: 03/09/2019

Decision:

1.            That the Cabinet Member for Finance, Property and Regeneration authorised the application for grant funding from the Greater London Authoritty (GLA) Affordable Homes Programme.

2.            That the Cabinet Member for Finance, Property and Regeneration authorised entering into a grant agreement with the GLA.

3.            That the Cabinet Member for Finance, Property and Regeneration agreed that initial lettings for London Affordable Rent (LAR) Dwellings (including social rent) be subject to a top slice to support the pan London - Housing Moves portal and noted that this requires a minimum of 5% for LAR Dwellings.

Reasons for the Decision

1.            The Council is satisfied that any grant funding received from the GLA’s – Affordable Homes Programme, will contribute towards meeting the City for All objectives, Building Homes and Celebrating Neighbourhoods.

 

2.            The Council’s 2017/18 City For All objectives set a commitment to deliver 1,850 affordable homes by 2023. Successful bids and thereby draw down of funding will improve capacity and contribute to the delivery of affordable homes in Westminster.


28/08/2019 - Minor Changes to the Tenancy Policy ref: 1074    Recommendations Approved

Minor amendments to the Tenancy Policy to reflect legal advice to implement flexible tenancy reviews and additional changes to update the policy to reflect the current legal framework and current structure

Decision Maker: Cabinet Member for Housing Services

Decision published: 28/08/2019

Effective from: 28/08/2019

Decision:

That the Cabinet Member for Housing Services agreed that:

 

With regard to implementing tenancy reviews:

 

(i)           The Tenancy Policy be amended at 3.3, 3.5, 4.7 and 4.16 of the report to reflect circumstances where a new flexible tenancy of more than two or five years may be granted.

 

(ii)          The Tenancy Policy be amended at 4.17 and 4.18 to set out that legal notices to end all flexible tenancies will need to be served, regardless of whether a new flexible tenancy is being offered and to describe the associated information that will accompany this.        

 

With regard to not introducing a local Pay to Stay Scheme:

 

(iii)         The reference to income and capital reviews in the Tenancy Policy at 4.6.3 be removed

 

With regard to generally updating the Tenancy Policy to reflect legislative and organisational changes:

 

(iv)         The Tenancy Policy be amended at 4.14.2 to make it clear that the mandatory right to possession has been implemented as part of the Antisocial Behaviour, Crime and Policing Act 2014

 

(v)          The Tenancy Policy be amended at 3.11 to make it clear that a secure tenancy will be awarded to any secure or assured tenant that needs to move as a result of domestic abuse in line with the Secure Tenancy (Victims of Domestic Abuse) Act 2018

 

(vi)         A range of minor changes be made throughout the Tenancy policy to improve the wording and to reflect updated job titles and practices etc. 

 

(vii)       The Tenancy Agreement and Notices be approved.

 

Reasons for Decision 

 

1.    With regard to implementing tenancy reviews:

 

            Legal advice has been received on the review process and as a result some changes are needed to the Tenancy Policy:

 

·                     The Tenancy Policy currently says that new tenancies will not be for longer than two or five years. Legal advice is that where a new flexible tenancy is offered, it should not cause a tenant to suffer a loss of entitlement. For example, if a further five year tenancy were to be offered at the review (which is held eight months before the tenancy expires) which the tenant accepted by ending his existing five year term early, then he would not have enjoyed the full length of his original term. To avoid this, and to incentivise existing flexible tenants to enter into new flexible tenancies early, new tenancies may be offered for longer than two or five years to ensure that the tenant does not thereby lose any time as a flexible tenant. For example, if the existing term is expressed to end on Monday 2 September 2019 but the tenant enters into a new tenancy that commences on Monday 6 May 2019 the new tenancy term will be expressed to end on Monday 2 September 2024 (a fixed term of five years and four months).

  

·                    The Tenancy Policy currently says that where a decision has been made not to renew a tenancy, a ‘Notice of Non Renewal’ will be served at least six months before the tenancy is due to expire. Legal advice is that a legal notice best described as an “End of Tenancy Notice” must be served on all tenants at least six months before their current tenancy is due to end, even if, the flexible tenancy is being renewed. This is to enable the council to rely on the mandatory right to possession, a right that will have to be invoked if the tenant declines to sign a new flexible tenancy. In the absence of a possession order such a tenant would, by default, become a periodic secure tenant. 

 

2.         With regard to not introducing a local Pay to Stay Scheme:

 

Westminster’s Tenancy Strategy and Tenancy Policy support a Pay to Stay approach, which involves a higher rent being charged if it is identified at the tenancy review that the income of the tenant and their spouse or partner exceeds a certain threshold. It was agreed, as set out in the Supply and Allocation Report of Social Report 2018/19 that this policy should not go ahead at this time and this type of approach would be considered again as part of a full policy review. For completeness, some further additional changes need to be made to the Tenancy Policy to reflect this. 

 

3.            With regard to generally updating the Tenancy Policy to reflect     legislative and organisational changes:

 

            The current Tenancy Policy refers to no further tenancy being granted to flexible tenants if they, or a member of their household, had been convicted of serious housing related anti-social behaviour in another court, and the offence meets the criteria to trigger the proposed mandatory Right of Possession. This right to mandatory possession has now become law as part of theAntisocial Behaviour, Crime and Policing Act 2014 and the Tenancy Policy needs to be updated to reflect this. Changes are also needed to make it clear that any existing secure or assured tenant will be offered a secure tenancy in line with the Secure Tenancy (Victims of Domestic Abuse) Act 2018

    

4.         Minor changes are also needed to the Tenancy Policy to improve the wording and to reflect organisational changes and practices.   

 

5.         Changes are also need to the Tenancy Agreement and Notices to improve the wording, ensure they reflect the legislation and changes to the Tenancy Policy, and are fit for purpose going forward.

 

Wards affected: (All Wards);

Lead officer: Cecily Herdman


28/08/2019 - AA920 - Purchase of Communal Electricity and Gas from October 2019 ref: 1073    Recommendations Approved

Officer Report

Decision Maker: Cabinet Member for Housing Services

Decision published: 28/08/2019

Effective from: 05/09/2019

Decision:

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

 

2.            That the Cabinet Member for Housing Services delegated authority to the Executive Director of Growth, Planning and Housing to accept offers for gas and electricity on the day they are issued by suppliers, to enable the City Council to enter into one or more contracts for communal electricity and gas supplies for 12 months from 1st October 2019.

 

Reasons for Decision 

1.            Energy suppliers only quote electricity and gas prices for acceptance on the day, to minimise their risks in a volatile market.  Normal routines for accepting tenders are therefore incompatible with market practice.

 

2.           Delegating authority to the Executive Director of Growth, Planning and Housing will therefore enable acceptance of electricity and gas tariffs to secure lowest prices without quotations from suppliers lapsing.

 

Wards affected: (All Wards);

Lead officer: Paul Harris


23/08/2019 - Oxford Street District - Davies St

The Davies St project is one the key projects noted in the Oxford Street District Place Strategy and Delivery Plan.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 31/10/2019

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

Lead officer: Susanne Afra

Notice of decision: 23/08/2019

Anticipated restriction: Open


23/08/2019 - Oxford Street District - James St

The James St project is one the key projects noted in the Oxford Street District Place Strategy and Delivery Plan.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 31/10/2019

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

Lead officer: Susanne Afra

Notice of decision: 23/08/2019

Anticipated restriction: Open


23/08/2019 - Oxford Street District - Berners Street

The Berners Street project is one the key projects noted in the Oxford Street District Place Strategy and Delivery Plan.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 31/10/2019

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

Lead officer: Susanne Afra

Notice of decision: 23/08/2019

Anticipated restriction: Open


23/08/2019 - Oxford Street District - Mortimer Street

The Mortimer Street project is one the key projects noted in the Oxford Street District Place Strategy and Delivery Plan.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 31/10/2019

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

Lead officer: Susanne Afra

Notice of decision: 23/08/2019

Anticipated restriction: Open


23/08/2019 - Oxford Street District - Sustainable Streets

The Sustainable Streets project is one the key projects noted in the Oxford Street District Place Strategy and Delivery Plan.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 31/10/2019

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

Lead officer: Susanne Afra

Notice of decision: 23/08/2019

Anticipated restriction: Open


23/08/2019 - Parsons North Development ref: 1072    Recommendations Approved

Parsons North- Approval of Expenditure

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 23/08/2019

Effective from: 03/09/2019

Decision:

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

 

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

 

·         Authorisation to spend £35.416m, as detailed in Section 9 of the report

·         Approved the award of a contract for Parsons North Main Contract to Geoffrey Osborne Ltd for the sum of £27.324m

·         Authorised Legal Services to negotiate and execute the Main Works contract as a Deed.

 

Reasons for the Decision

A Final Business Case has been produced confirming the current proposals to self-develop the site at Parsons North is a Value for Money option that represents a viable proposal from both a Capital and Revenue perspective.

Wards affected: Little Venice;

Lead officer: Sisa Hwalima


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision published: 23/08/2019

Effective from: 03/09/2019

Decision:

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

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

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

Reasons for Decision 

 

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


23/08/2019 - Re-procurement of Learning Disability services currently procured as spot placements, through a commissioning framework

Commissioning Officers are currently developing commissioning frameworks. One through which housing support and care will be purchased and another through which positive behaviour support will be purchased as part of the housing support and care package. Some services currently need to be re-procured in advance of one of the frameworks being ready. It is proposed that the Commissioning Team sign the access agreement for an existing Positive Behaviour Support Framework, that established by Haringey council, to provide the greater transparency and control that the framework offers, in advance of our own being in place.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 30/09/2019

Wards affected: (All Wards);

Lead officer: Anna Waterman

Notice of decision: 23/08/2019

Anticipated restriction: Fully exempt  - view reasons

Explanation of anticipated restriction:
Commercial sensitivity


22/08/2019 - Public Realm improvements in Leicester Square

This report presents proposals to design and implement public realm and protective security improvements in Leicester Square

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 19/09/2019

Wards affected: St James's;

Lead officer: Mark Chalmers

Notice of decision: 22/08/2019

Anticipated restriction: Fully exempt  - view reasons

Explanation of anticipated restriction:
The report contains information relating to action to be taken in connection with the prevention investigation or prosecution of crime


21/08/2019 - Network 2020

Cabinet Member approval sought for bi-borough Networks ICT Services Strategy.

Decision Maker: Cabinet Member for Digital and Customer Services

Decision due date: Not before 18/09/2019

Notice of decision: 21/08/2019

Anticipated restriction: Fully exempt  - view reasons


21/08/2019 - Citywide wayleave for broadband ref: 1070    Recommendations Approved (subject to call-in)

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 21/08/2019

Effective from: 21/08/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision 

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


21/08/2019 - Re-designation of Church Street Ward Neighbourhood Forum

To re-designate the Church Street Ward Neighbourhood Forum for a further period of five years following an application to do so from the existing forum.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: 09/2019

Wards affected: Church Street;

Lead officer: Michael Clarkson

Notice of decision: 21/08/2019

Anticipated restriction: Open


12/08/2019 - Queensway Public Realm, Remaining Phases; South of Porchester

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 12/09/2019

Wards affected: Bayswater;

Lead officer: Scarlett Bochan

Notice of decision: 12/08/2019

Anticipated restriction: Open


08/08/2019 - Quarterly Write-off report - Quarter 1, 2019-20 ref: 1068    Recommendations Approved

A quarterly report regarding write-offs of Council Tax, NNDR, Housing Benefit Overpayments and Former Client Rent Arrears

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/08/2019

Effective from: 16/08/2019

Decision:

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

 

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

 

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

 

Reasons for Decision 

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

Wards affected: (All Wards);

Lead officer: Martin Hinckley


08/08/2019 - Rating Advisory Panel 16.7.2019: Determination of National Non-Domestic Rates Discretionary and Hardship Relief Applications ref: 1067    Recommendations Approved

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/08/2019

Effective from: 08/08/2019

Decision:

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

 

2.        That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Rating Advisory Panel held on 16 July 2019 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

 

Wards affected: (All Wards);

Lead officer: Susan Bush


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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/08/2019

Effective from: 08/08/2019

Decision:

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

 

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

Reasons for Decision

 

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

 

Lead officer: Susan Bush


08/08/2019 - Allocation of £500,000 Grant Funding for Youth Services    Recommendations Approved

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 08/09/2019

Lead officer: Annabel Saunders


02/08/2019 - Mandela Way, Units B, C and D, lease re-gear

Cabinet Member approval sought to enter into a reversionary lease.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Not before 02/09/2019

Notice of decision: 02/08/2019

Anticipated restriction: Fully exempt  - view reasons


02/08/2019 - Rating Advisory Panel

Consider recommendations of the Rating Advisory Panel in relation to applications for Hardship and Discretionary Rate Relief

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 09/2019

Wards affected: (All Wards);

Lead officer: Susan Bush

Notice of decision: 02/08/2019

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
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.


26/07/2019 - Luton Street Regeneration

Finalisation of CIL liability notification

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 02/09/2019

Wards affected: Church Street;

Lead officer: Iain Emmerson

Notice of decision: 26/07/2019

Anticipated restriction: Open


26/07/2019 - Luton Street Regeneration

Finalisation of main contract

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 05/09/2019

Wards affected: Church Street;

Lead officer: Barbara Brownlee, Stephen Muldoon

Notice of decision: 26/07/2019

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
Commercially sensitive


18/07/2019 - Development Sales Programme - Delegated Authority Paper

Agreement of Cabinet Member sought to extend our current delegated authority levels.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Not before 18/08/2019

Notice of decision: 18/07/2019

Anticipated restriction: Fully exempt  - view reasons


16/07/2019 - Cross River Partnership DEFRA funded Clean Air Villages Project - Contract with London Borough of Lewisham

Approval requested to sign the contract under seal between Westminster City Council (Cross River Partnership) and London Borough of Lewisham in respect of the DEFRA Air Quality Grant.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 15/08/2019

Wards affected: (All Wards);

Lead officer: Carol Quamina

Notice of decision: 16/07/2019

Anticipated restriction: Open


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

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

Decision Maker: Cabinet

Decision published: 16/07/2019

Effective from: 25/07/2019

Decision:

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

 

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

 

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

 

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

 

 

 

 

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

 

- Caring fairer City and
- City of opportunity

 

 

Wards affected: (All Wards);

Lead officer: Snowia Hussain


11/07/2019 - Extension of Public Health Substance Misuse Treatment Service (lot 1) ref: 1064    For Determination

Existing contract expires March 31st 2019 and there is an option to extend  for two year period from April 1st 2019  up to a value of £5,244,846.

 

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 11/07/2019

Effective from: 19/07/2019

Decision:

RECOMMENDATIONS

That the Cabinet Member for Family Services and Public Health in WCC approved the option to extend Lot 1, for the Substance Misuse Treatment Service contract with Turning Point, from 1 April 2019, for two years up to a value of £5,244,846.

 

          

REASONS FOR DECISION

1)      There was provision for a two-year extension in the contract.  A review found that the provider, within the wider substance misuse system, was delivering a transformed service in line with expectations with many examples of innovative practice evidenced.

2)      The contract award allocated a five-year budget for Lot 1. See section 10 for financial implications.

3)      The WCC treatment system continued to deliver high outcomes for opiates users with the borough placed in the top quartile for local authorities with a similar complexity. Performance of Public Health Outcome Framework indicator, 2.15 successful completion of drug treatment, was in the top quintile for opiate clients among comparative local authorities. The Westminster drug and alcohol treatment system supported approximately 1,500 residents each year. Within six months of entering the service approximately 50% of residents accessing the service would be abstinent from, or have significantly reduced, their opiate, crack and or cocaine use.  Half had also stopped injecting and other health benefits had been achieved.

4)      The majority of other KPIs were meeting expectations or on track to achieve satisfactory performance.

5)      A detailed service outcomes and performance report was presented to a special Borough Integrated Commissioning and Contracts Board who found considerable evidence of good performance by the provider.

6)      A new primary care model had been developed following the contract variation in 2018 and work in general practice is now part of the main treatment system. More complex patients were now being transferred into specialist services to improve recovery rates

7)      Providers had moved services nearer to residents. The provider had modified the service offer in response to service user feedback and was now delivering a more effective personalised approach through variety of community settings and further developing peer-led recovery in communities.

8)      Employment opportunities had been successfully embedded within the    treatment offer and the service consistently over achieved in terms of numbers engaged; over 25% of opiate users, and a 33% of non-opiate users, gain paid employment or access volunteering opportunities by the time they leave the system.  Service users were encouraged to be ambitious for their sustainable recovery through the asset based and personalised service.

 

9)      The provider of Lot 1, Turning Point, received a positive report from CQC inspection in December 2017. The inspectors reported that the vast majority of areas inspected were good or outstanding with clear evidence of outstanding practice in many areas.

 

10)   There was excellent service user involvement and positive user feedback.

 

11)   Public Health England’s social return of investment modelling 2017-18 estimated that for WCC there is £10 million of social and economic benefit to the whole community from investing in drug treatment.

Wards affected: (All Wards);

Lead officer: Judith Ralphs


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

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 11/07/2019

Effective from: 11/07/2019

Decision:

Summary of Decision

 

That the Cabinet Member agreed:

 

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

           

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

           

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

 

 

Reasons for Decision 

 

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

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

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON SW1E 6QP

 

Publication Date:

 

11 July 2019

Implementation Date:

 

11 July 2019

Reference:

 

CMfPS&P/2/2019/20

 

Wards affected: Knightsbridge and Belgravia; West End;

Lead officer: Sean Walsh


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

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

Decision Maker: Leader of the Council

Decision published: 11/07/2019

Effective from: 11/07/2019

Decision:

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

 

Reasons forDecision

 

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

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

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

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

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

The new organisation will:

·       Drive a culture of organisational efficiency and delivery.

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

 

Lead officer: Julia Corkey, Lloyd Runham-Cuenca


10/07/2019 - Discretionary Housing Payment Review Advisory Panel: (04.06.2019) Determination of Discretionary Housing Payment Review Applications ref: 1061    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 10/07/2019

Effective from: 10/07/2019

Decision:

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

           

2.         That the Cabinet Member for Finance, Property and Regeneration approved the recommendations of the Discretionary Housing Payment Review Advisory Panel meeting held on 4 June 2019.

 

 

Reasons for Decision 

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


10/07/2019 - Designation of Soho Neighbourhood Forum

To re-designate the Soho Neighbourhood Forum for a further period of five years following an application to do so from the existing forum.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: Before 07/08/2019

Wards affected: West End;

Lead officer: Michael Clarkson

Notice of decision: 10/07/2019

Anticipated restriction: Open


11/06/2019 - Drury House, 34-43 Russell Street London WC2B 5HA ref: 1060    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (1)

Made at meeting: 11/06/2019 - Planning Applications Sub-Committee (1)

Decision published: 09/07/2019

Effective from: 11/06/2019

Decision:

Use of basement, part ground and upper floors as a hotel (Class C1) with ancillary bars at basement and new 7th floor level; two-storey roof extension with roof terrace; refurbishments to external facade including lighting; alterations and relocation of entrance to Russell Street facade; installation of plant at roof level; and associated works.

 

Additional representations were received from Covent Garden Community Association (4.6.2019) and Gerald Eve (5.6.2019)

 

Late representations were received from Gerald Eve (10.6.2019) and Apcar Smith Planning (10.6.2019).

 

The presenting officer tabled the following amendments to conditions 27 and 28:

 

Additional conditions

 

Condition 27 ‘Cycle Store Access’:

Notwithstanding what is shown on drawing A-2201 Rev A, you must apply to us for approval of detailed drawings showing the following alteration to the scheme:

 

- Means of access to the cycle store at ground floor level.

 

 You must not start on these parts of the work until we have approved what you have sent us. You must then carry out the work according to the approved drawings.

 

Condition 28 ‘Internal Activity’:

(1) Where noise emitted from the proposed internal activity in the development will not contain tones or will not be intermittent, the 'A' weighted sound pressure level from the internal activity within the hotel use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 10 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm,, and shall be representative of the activity operating at its noisiest.

 

(2) Where noise emitted from the proposed internal activity in the development will contain tones or will be intermittent, the 'A' weighted sound pressure level from the internal activity within the hotel use hereby permitted, when operating at its noisiest, shall not at any time exceed a value of 15 dB below the minimum external background noise, at a point 1 metre outside any window of any residential and other noise sensitive property, unless and until a fixed maximum noise level is approved by the City Council. The background level should be expressed in terms of the lowest LA90, 15 mins during the permitted hours of use. The activity-specific noise level should be expressed as LAeqTm, and shall be representative of the activity operating at its noisiest.

 

 

(3) Following completion of the development, you may apply in writing to the City Council for a fixed maximum noise level to be approved. This is to be done by submitting a further noise report including a proposed fixed noise level for approval by the City Council. Your submission of a noise report must include:

 

(a) The location of most affected noise sensitive receptor location and the most affected window of it;

 

(b) Distances between the application premises and receptor location/s and any mitigating features that may attenuate the sound level received at the most affected receptor location;

 

(c) Measurements of existing LA90, 15 mins levels recorded one metre outside and in front of the window referred to in (a) above (or a suitable representative position), at times when background noise is at its lowest during the permitted hours of use. This acoustic survey to be conducted in conformity to BS 7445 in respect of measurement methodology and procedures;

 

(d) The lowest existing LA90, 15 mins measurement recorded under (c) above;

 

(e) Measurement evidence and any calculations demonstrating that the activity complies with the planning condition;

 

(f)  The proposed maximum noise level to be emitted by the activity.

 

The presenting officer tabled the following amendments to conditions 12, 16, 20, 23, 25 and 26:

 

Revised conditions

 

Condition 12 ‘Live Music’:

 

No live or recorded music shall be played in the hotel use as such as to be audible at a distance of 1m from any neighbouring residential window.

 

Condition 15 Cycle parking’:

You must apply to us for approval of details of secure cycle storage for a minimum of 18 spaces. You must not start any work on this part of the development until we have approved what you have sent us. You must then provide the cycle storage in line with the approved details prior to occupation. You must not use the cycle storage for any other purpose.

 

Condition 20 ‘Thames Water’:

No properties shall be occupied until confirmation has been provided that either:

 

- All combined water network upgrades required to accommodate the additional flows from the development have been completed; or

 

- A hotel and infrastructure phasing plan has been agreed with Thames Water to allow the hotel to be occupied. Where a hotel and infrastructure phasing plan is agreed no occupation shall take place other than in accordance with the agreed hotel and infrastructure phasing plan.

 

Condition 23 ‘Balconies’:

The fifth floor level balconies on the Drury Lane elevation must not be used for sitting out or for any other purpose. You can however use the balconies to escape in an emergency.

 

Condition 25 Coach bookings’:

The operator of the hotel must not knowingly accept bookings from parties using a vehicle with a capacity of 15 or more persons to travel to and from the premises.

 

Condition 26 ‘No music roof terrace’:

No live music or  amplified music shall be played on the the hotel roof terrace.

 

Mr Robert Staffler addressed the Committee in support of the application. 

 

Mr Matthew Firsht addressed the Committee in objection to the application.

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted subject to the changes to conditions as tabled and set out above.

 

Wards affected: St James's;


08/07/2019 - Property in Harrow Road

Cabinet Member approval sought for proposals.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Not before 08/08/2019

Notice of decision: 08/07/2019

Anticipated restriction: Fully exempt  - view reasons


05/07/2019 - Luton Street

Presentation update on the Luton Street scheme.

Decision Maker: Cabinet

Decision due date: 23/09/2019

Lead officer: Barbara Brownlee, Stephen Muldoon

Notice of decision: 05/07/2019

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
Commercial in confidence.


04/07/2019 - Luxborough Street

Decisions required prior to planning submission.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Before 01/08/2019

Wards affected: Marylebone High Street;

Lead officer: Emily Myers

Notice of decision: 04/07/2019

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
Financials are confidential.


01/07/2019 - Westminster Community Infrastructure Levy (CIL) and Pooled Section 106 Funding - Project Allocations ref: 1059    Recommendations Approved

This report seeks to allocate funding of CIL and Section 106 monies from development to infrastructure projects to support growth.

Decision Maker: Cabinet CIL Committee

Decision published: 03/07/2019

Effective from: 09/07/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

Westminster Community Infrastructure Levy (CIL) - Project Allocations (Q3)

 

 

Notice is hereby given that Cabinet CIL Committee,has made the following executive decision on the above mentioned subject for the reasons set out below.

 

This report seeks to allocate funding of CIL to infrastructure projects to support growth in Westminster following receipt of monies from development. The report also seeks approval of the governance process for the 'neighbourhood portion' of CIL monies.

 

Summary of Decision

 

The Cabinet CIL Committee is asked to:

 

1.      Approve the expenditure of £5.697m from Westminster’s City CIL Strategic Portion as set out in Section 5.2 of this report. This includes the allocation of funding for the following projects set out in Appendix B.

(i)              Bishops Bridge Road/ Gloucester Terrace Junction Improvements

(ii)            Blomfield Road/ Edgware Road Junction Improvements

(iii)           Blomfield Road/ Warwick Avenue Junction Improvements

(iv)           CCTV and Lining Programme – further works to gullies

(v)            Deep Drainage Improvements

(vi)           Fleming Court CCTV

(vii)         Golden Jubilee Footbridges Signage

(viii)        Hallfield Primary School Air Quality Filtration Units

(ix)           Harrow Road Parapet

(x)            John Aird Court CCTV and Fencing

(xi)           Lamp Column Bay Sensors

(xii)         Manchester Square Public Realm Improvements

(xiii)        Porchester Spa Refurbishment

(xiv)       Portland Place School Pedestrian Facilities

(xv)         Prince Albert Road/ Avenue Road Junction Improvements

(xvi)       Rossmore Road Pedestrian Facilities

(xvii)      Shirland Road/ Sutherland Avenue Junction Improvements

(xviii)    Soho Parish Primary School Cycle Parking

(xix)       St. Mary Magdalene Community Centre

(xx)         St. Peter’s Primary School Cycle Parking

(xxi)       Victoria Embankment Tide Gauge Hut

(xxii)      Westminster Street Markets Infrastructure Improvement Programme

 

2.       Approve the expenditure of £0.700m from pooled Section 106 contributions as set out in Section 6.1 of this report. This includes the allocation of funding for the following projects set out in Appendix C.

(i)              Westminster Schools Air Quality Programme

(ii)            Westminster Employment Service In-Work Support Programme

 

3.      Note the neighbourhood portion of CIL received to date as set out in Section 7 of the report and Appendix D.

 

Reasons for Decision 

 

In order to ensure robust and effective expenditure and reporting in line with the Community Infrastructure Levy Regulations 2010 (as amended) and in accordance with the council’s strategic priorities, CIL spending policy statement and its framework for resource allocation and management.

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

5 Strand

London

WC2 5HR

 

Publication Date:

 

03 July 2019

Implementation Date:

 

08 July 2019 (5pm)

Reference:

 

CabinetCIL/1/2019

 

Wards affected: (All Wards);

Lead officer: Michael Clarkson


03/07/2019 - Rating Advisory Panel 17.9.2019: Determination of National Non-Domestic Rates Discretionary and Hardship Relief Applications

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 01/10/2019

Wards affected: (All Wards);

Lead officer: Susan Bush

Notice of decision: 03/07/2019

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
Exempt appendix contacting details of individual applications


01/07/2019 - Update on Luton St    Recommendations Approved

Decision Maker: Cabinet

Decision due date: 15/07/2019

Lead officer: Barbara Brownlee

Notice of decision: 01/07/2019


19/06/2019 - Lisson Grove Office, Frampton Street London NW8

The refurbishment of Ground, Mezzanine and First floor offices

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 07/2019

Wards affected: Church Street;

Lead officer: Anne McCann, Steven Morrice

Notice of decision: 19/06/2019

Anticipated restriction: Part exempt  - view reasons


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

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 19/06/2019

Effective from: 19/06/2019

Decision:

Summary of Decision

 

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

 

1.                  The Publication Draft City Plan 2019 - 2040

2.                  Integrated Impact Assessment

3.                  Revised Policies Map

 

Reasons for Decision 

 

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

Wards affected: (All Wards);

Lead officer: Kimberley Hopkins


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/06/2019

Effective from: 25/06/2019

Decision:

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

 

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

 

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

 

Reasons for Decision

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

Wards affected: St James's;

Lead officer: Philip Owen


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

Cabinet Member approval sought for recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 17/06/2019

Effective from: 17/06/2019

Decision:

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

           

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

 

Reasons for Decision 

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


12/06/2019 - Outline Business Case - Carlton Dene and Westmead - Funding approval

Cabinet Member approval sought for Outline Business Case.

Decision Maker: Cabinet Member for Family Services and Public Health, Cabinet Member for Finance, Property and Regeneration, Cabinet Member for Housing Services

Decision due date: Not before 12/07/2019

Notice of decision: 12/06/2019

Anticipated restriction: Fully exempt  - view reasons


12/06/2019 - Passenger Transport Minibus Contract Award Report ref: 1055    For Determination

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 12/06/2019

Effective from: 20/06/2019

Decision:

Recommendations

1.               That the Cabinet Member for Family Services and Public Health approves:

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

b)                  That Westminster City Council (WCC) enter into an Inter-Authority Agreement with the Royal Borough of Kensington and Chelsea (RBKC) which will be used to document the relationship between WCC and RBKC in relation to the Framework and Call-off Contracts.

c)                  That the Royal Borough of Kensington and Chelsea (RBKC) acts as the Framework Contracting Authority and also acts as the Contracting Authority for the three call-off contracts, which includes the Children’s Contract 1A, Children’s Contract 1B and Adults Contract 2A which Westminster City Council (WCC) will access via an Inter-Authority Agreement.

d)                  For WCC to approve RBKC to award Children’s Contract 1A, Children’s Contract 1B and Adult’s Contract 2A for Passenger Transport Minibus Services on behalf of WCC and RBKC, as governed by the Inter-Authority Agreement.

e)                  To access via the Inter-Authority Agreement, Children’s Contract 1A awarded by RBKC to HATS Group Limited for the delivery of Passenger Transport Minibus Services for children and young people for the duration of five years with discretion to extend for up to a further two years. The indicative total annual contract value based on current service activity is £1,175,998 of which the cost to WCC is £643,730.

f)                   To access via the inter-authority agreement the Lot 1, Children’s Contract 1B to be awarded to by RBKC to CT Plus Community Interest Company for the delivery of Passenger Transport Minibus Services for children and young people for the duration of five years with discretion to extend for up to a further two years. The indicative total annual contract value based on current service activity is £1,908,566 of which the cost to WCC is £1,449,752.

g)                  To access via the inter-authority agreement the Adults Contract 2A to be awarded by RBKC to CT Plus Community Interest Company for the delivery of Passenger Transport Minibus Services for vulnerable adults for the duration of five years with the discretion to extend for up to a further two years. The indicative total annual contract value based on current service activity is £683,806, of which the cost to WCC is £151,655.

h)                  Approve a lifetime framework value of £35m, which includes estimated spend relating to all called-off contracts and accommodates variability in demand and inflation over a seven year period.

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

REASONS FOR DECISION

1.         The current contracts for Passenger Transport Minibus Services are due to expire in July 2019. A procurement exercise has been undertaken to identify suitable providers to deliver a new service for vulnerable adults travelling to day activities from August 2019 and eligible pupils travelling from home to school from September 2019.

2.               Local Authorities have a statutory duty to provide travel assistance for children and young people with special educational needs assessed as eligible, as per the Education Act 1996. Both Councils’ Travel Assistance Policies which clearly sets out these duties.

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

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

 

Lead officer: Annabel Saunders


10/06/2019 - Contract extension of a Contract for the Provision of Community Equipment Service to operate in K&C for one year

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 10/07/2019

Lead officer: Tabby Eichler

Notice of decision: 10/06/2019


06/06/2019 - CLCH Health Visiting Contract Extension

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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 18/06/2019

Wards affected: (All Wards);

Lead officer: Gaynor Driscoll

Notice of decision: 06/06/2019

Anticipated restriction: Part exempt  - view reasons


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 06/06/2019

Effective from: 14/06/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration:

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

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

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

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

Reasons for Decision 

The decisions requested in this report will:

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

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

Wards affected: Church Street;

Lead officer: Archika Kumar


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

Cabinet Member approval sought for proposals.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 06/06/2019

Effective from: 14/06/2019

Decision:

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

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

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

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

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

 

Reasons for Decision 

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

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

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

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

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

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

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

Wards affected: Church Street;


02/06/2019 - Oxford Street District - Ramillies Project

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

Decision Maker: Cabinet Member for Place Shaping and Planning, Cabinet Member for Environment and City Management, Cabinet Member for Finance, Property and Regeneration

Decision due date: 30/06/2019

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

Lead officer: Susanne Afra

Notice of decision: 02/06/2019

Anticipated restriction: Open


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

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 22/05/2019

Effective from: 22/05/2019

Decision:

Summary of Decision

 

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

 

Reasons for Decision

 

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

 

 

 

Wards affected: Bryanston and Dorset Square;

Lead officer: Janis Best


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

Decision Maker: General Purposes

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

Decision published: 22/05/2019

Effective from: 27/02/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          RESOLVED:

 

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

 

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

 

 


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

Annual report summarising the Council's fees and charges

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: Stephen Muldoon

Notice of decision: 21/05/2019

Anticipated restriction: Open


20/05/2019 - Petition: St James the Less Church -Education Centre for vulnerable young people

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 20/06/2019

Notice of decision: 20/05/2019


17/05/2019 - Marylebone High Street Hanging Baskets (Summer and Winter 2019)

Ward budget spending in Marylebone High Street ward

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision due date: 13/06/2019

Wards affected: Marylebone High Street;

Lead officer: Janis Best

Notice of decision: 17/05/2019

Anticipated restriction: Open


17/05/2019 - Little Venice Hanging Baskets (Summer and Winter 2019)

Ward budget spending in Little Venice ward

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision due date: 13/06/2019

Wards affected: Little Venice;

Lead officer: Janis Best

Notice of decision: 17/05/2019

Anticipated restriction: Open


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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 16/05/2019

Effective from: 16/05/2019

Decision:

 

 

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

 

 

Confirmingthe proposed amendments to the scheme of delegation will allow

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

national legislation and the City Council’s current planning committee

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

 stopping up of the highway in connection with developments benefitting from

planning permission and the enforcement of planning and related legislation

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

Growth Planning and Housing, for the avoidance of doubt.

 

Lead officer: Jane Hamilton


16/05/2019 - Re-designation of Belgravia Neighbourhood Forum

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: Before 01/10/2019

Wards affected: Bayswater; Westbourne;

Lead officer: Sean Walsh

Notice of decision: 16/05/2019

Anticipated restriction: Open


16/05/2019 - Re-designation of Notting Hill East Neighbourhood Forum

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

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision due date: Before 01/10/2019

Wards affected: Bayswater; Westbourne;

Lead officer: Sean Walsh

Notice of decision: 16/05/2019

Anticipated restriction: Open


15/05/2019 - Aids and Adaptions: Contract Award and Implementation Plan

Cabinet Member approval sought for contract award and implementation plan.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 15/06/2019

Notice of decision: 15/05/2019

Anticipated restriction: Fully exempt  - view reasons


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

Refresh the Council's agreement with Westminster Community Homes

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 14/05/2019

Effective from: 22/05/2019

Decision:

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

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

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

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

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

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

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

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

Reasons for Decision

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

Wards affected: (All Wards);

Lead officer: Barbara Brownlee


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

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

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Rikin Tailor

Notice of decision: 10/05/2019

Anticipated restriction: Open


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

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

Decision Maker: Cabinet

Decision due date: 15/07/2019

Wards affected: (All Wards);

Lead officer: Phil Triggs

Notice of decision: 10/05/2019

Anticipated restriction: Open


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

Ward Budget funding for Digital Inclusion Project

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 08/05/2019

Effective from: 08/05/2019

Decision:

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

 

Reasons for Decision

 

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

 

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

 

Wards affected: Churchill; Maida Vale;

Lead officer: Sonia Sekhon


08/05/2019 - Management for Mixed tenure estates, including arrangements for Beachcroft

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Not before 08/06/2019

Notice of decision: 08/05/2019

Anticipated restriction: Fully exempt  - view reasons


07/05/2019 - LED and Smart Lighting System

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

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 07/06/2019

Wards affected: (All Wards);

Lead officer: Philip Robson

Notice of decision: 07/05/2019

Anticipated restriction: Part exempt

Explanation of anticipated restriction:
Commercially sensitive information


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

Quarterly Write-off report (Quarter 4)

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 07/05/2019

Effective from: 15/05/2019

Decision:

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

 

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

 

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

 

Reasons for Decision 

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

Wards affected: (All Wards);

Lead officer: Martin Hinckley


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

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 03/05/2019

Effective from: 03/05/2019

Decision:

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

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

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

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

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

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

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

 

Reasons for decision

 

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

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

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

 

Wards affected: (All Wards);

Lead officer: Darren Montague


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

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/05/2019

Effective from: 01/05/2019

Decision:

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

 

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

Reasons for Decision

 

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

 

Lead officer: Susan Bush


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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 29/04/2019

Effective from: 07/05/2019

Decision:

Recommendations

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

           

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

 

Reasons for Decision

 

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

Wards affected: (All Wards);


26/04/2019 - The Establishment of the Bi-Borough shared library service

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision due date: 26/05/2019

Lead officer: Sara Sutton

Notice of decision: 26/04/2019


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 24/04/2019

Effective from: 24/04/2019

Decision:

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

 

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

 

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

 

Reasons for Decision 

 

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

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Philip Owen


24/04/2019 - Decision to implement new Central Management System for street lighting across the city

To proceed with a new Central Management System across the city to control the Council’s lighting assets and the supplier that is recommended to take this forward.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: Not before 24/05/2019

Notice of decision: 24/04/2019

Anticipated restriction: Fully exempt  - view reasons


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

Cabinet Member approvals sought.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 23/04/2019

Effective from: 01/05/2019

Decision:

Recommendations

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

 

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

Reasons for Decision

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

 

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

 

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

 

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

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

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

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

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

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

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


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

That the Cabinet Member for Finance, Property and Regeneration:

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

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

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

 

Reasons for Decision

 

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


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 15/04/2019

Effective from: 25/04/2019

Decision:

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

 

Reasons for Decision 

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

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


12/04/2019 - Leaseholder Recharges on Regeneration Estates

Agree the approach to recharging leaseholders for essential health and safety works on regeneration estates

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Before 13/05/2019

Wards affected: (All Wards);

Lead officer: David Thompson

Notice of decision: 12/04/2019

Anticipated restriction: Open


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

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

Decision published: 12/04/2019

Effective from: 12/04/2019

Decision:

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

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

 

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

 

 

 

 

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

 

Declaration of Interest

 

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

Lead officer: Jackie Saddington


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

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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 11/04/2019

Effective from: 11/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Reasons for Decisions

 

The drivers for decision making are:

 

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

 

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

 

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

 

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

 

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

 

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

 


11/04/2019 - Response to petition: “For the reinstatement of CCTV on Church Street, Lisson Grove, NW8, and for the funding for four additional dedicated Metropolitan police Service Ward Officers” ref: 1036    Recommendations Approved

This report considers the petition that requested the following:
“Signatories to this petition request that Westminster Council act in the interests of security and safety of their shop tenants, the business community, their customers, residents and the community as a whole by re-instating police surveillance cameras (CCTV), and actively support funding for at least four additional dedicated beat officers for a more visible street presence in the Church Street Ward, and that the Office of the Mayor (MOPAC) allocate the required funding.”

Decision Maker: Cabinet Member for Public Protection and Licensing

Decision published: 11/04/2019

Effective from: 11/04/2019

Decision:

WESTMINSTER CITY COUNCIL

 

STATEMENT OF DECISION

 

 

SUBJECT: 

Response to petition: “For the reinstatement of CCTV on Church Street, Lisson Grove, NW8, and for the funding for four additional dedicated Metropolitan police Service Ward Officers”

 

 

Notice is hereby given that Councillor Ian Adams, Cabinet Member for Public Protection and Licensing,has made the following executive decision on the above-mentioned subject for the reasons set out below.

 

 

Summary of Decision

 

This report considered the petition that requested the following:

“Signatories to this petition requested that Westminster Council act in the interests of security and safety of their shop tenants, the business community, their customers, residents and the community as a whole by re-instating police surveillance cameras (CCTV), and actively support funding for at least four additional dedicated beat officers for a more visible street presence in the Church Street Ward, and that the Office of the Mayor (MOPAC) allocate the required funding.”

The petition comprising of 221 signatures was presented by Councillor Aicha Less to Full Council on Wednesday 23rd January 2019.

 

Recommendations

1         Metropolitan Police Service is responsible for the operational deployment, ownership and development of the CCTV service in the City of Westminster. The Cabinet Member for Public Protection and Licensing agreed to formally write to the Metropolitan Police Service, seeking a review and consideration of the appropriateness of CCTV in the location of Church Street.

 2        The Cabinet Member for Public Protection and Licensing, support Members of the community, who have expressed their concerns about visible police presence on the streets and who ask for additional dedicated beat officers within the Petition, are encouraged to support the City Council’s campaign to improve policing in Westminster, by raising their concerns about local police provision directly with those responsible. As such, to write the Deputy Commissioner of the Metropolitan Police Service and the Deputy Mayor for Policing, making it clear that they ask for an increase in the number of Dedicated Ward Officers (DWOs) in the Church Street area.

 

 

 

Stuart Love, Chief Executive,

Westminster City Hall,

64 Victoria Street

LONDON 

SW1E 6QP

 

 

Publication Date:

 

11 April 2019

Implementation Date:

 

11 April 2019

Reference:

 

CMfPP&L/01/2019-20

 

 

 

Wards affected: (All Wards);

Lead officer: Wayne Chance-McKay


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

Decision Maker: Licensing Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 14/03/2019

Decision:

 

 

 LICENSING SUB-COMMITTEE No. 1

Thursday 14th March 2019

 

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

 

Legal Adviser:             Barry Panto

Policy Adviser:            Kerry Simpkin

Committee Officer:      Tristan Fieldsend

Presenting Officer:      Kevin Jackaman

                                   

 

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

 

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

 

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

19/01149/LIPV

 

1.

Late Night Refreshment – Indoors and Outdoors

 

Current:

 

Monday to Saturday: 23:00 to 00:00

 

Proposed:

 

Monday to Sunday: 23:00 to 02:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2.

Hours Premises are Open to the Public

 

Current:

 

Monday to Sunday: 10:00 to 00:00

 

 

Proposed:

 

Monday to Sunday: 10:00 to 02:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

 

 

 

 

 

Wards affected: Lancaster Gate;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted.

Wards affected: St James's;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

Application withdrawn by the applicant.

Wards affected: West End;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

Wards affected: Tachbrook;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

The presenting officer tabled the following decision letters:

 

Application 1:

 

 

 

1

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

2

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

3

 

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

 

 

 

 

 

Reason:

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

 

 

 

4

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

5

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

6

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

7

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

8

 

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

 

 

 

 

 

Reason:

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

 

 

 

9

 

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

 

 

 

 

 

Reason:

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

 

 

 

10

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

11

 

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

 

 

 

 

 

Reason:

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

 

 

 

12

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

13

 

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

 

 

 

 

 

Reason:

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

 

 

 

14

 

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

 

 

 

 

 

Reason:

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

 

 

 

Informatives:

 

 

1

 

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

 

 

 

2

 

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

 

 

 

3

 

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

 

 

 

4

 

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

 

 

 

5

 

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

 

 

 

6

 

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

 

 

 

7

 

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

 

 

 

8

 

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

 

 

 

9

 

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

 

 

 

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

 

Application 2:

 

 

1

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

2

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

3

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

4

 

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

 

 

 

 

 

Reason:

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

 

 

 

5

 

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

 

 

 

 

 

Reason:

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

 

 

 

6

 

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

 

 

 

 

 

Reason:

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

 

 

 

7

 

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

 

 

 

 

 

Reason:

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

 

 

 

8

 

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

 

 

 

 

 

Reason:

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

 

 

 

9

 

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

 

 

 

 

 

Reason:

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

 

 

 

10

 

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

 

 

 

 

 

Reason:

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

 

 

 

 

11

 

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

 

 

 

 

 

Reason:

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

 

 

 

Informatives:

 

 

1

 

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

 

 

 

2

 

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

 

 

 

3

 

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

 

 

 

4

 

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

 

 

 

5

 

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

 

 

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

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

Wards affected: West End;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

Erection of two rear dormer windows.

 

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

Wards affected: Lancaster Gate;


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

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 09/04/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

The presenting officer tabled the following amendment to condition 28:

 

Amended Condition 28

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

a)            Obligations set out in the original legal agreement:

 

i)             Provision of car parking on an unallocated basis.

 

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

 

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

 

iv)           Crossrail planning obligation

 

b)        Additional obligations:

 

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

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

 

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

 

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

 

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

Wards affected: Hyde Park;


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 16/04/2019

Decision:

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

 

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

 

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

 

Reasons for Decision

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

 


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/04/2019

Effective from: 08/04/2019

Decision:

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

Reasons for Decision 

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

 


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

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

 


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

The Chair moved and it was

 

RESOLVED:

 

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


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

Decision Maker: Planning Applications Sub-Committee (3)

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

Decision published: 05/04/2019

Effective from: 26/03/2019

Decision:

 

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

 

2.2       There were no further changes to the Membership

 

2.3       Councillor Geoff Barraclough arrived at 6.40pm


05/04/2019 - Award of Contract for Mailroom Services

Cabinet Member approval sought for award of contract to provide mailroom services.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: Not before 05/05/2019

Notice of decision: 05/04/2019

Anticipated restriction: Fully exempt  - view reasons


04/04/2019 - Oxford Street District - Procurement Decision

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration, Cabinet Member for Place Shaping and Planning

Decision due date: 31/05/2019

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

Lead officer: Susanne Afra

Notice of decision: 04/04/2019

Anticipated restriction: Open


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

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

 

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

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

 

Reasons for Decisions 

 

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

 

Wards affected: Westbourne;


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

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

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

Decision Maker: Cabinet Member for Housing Services

Decision published: 04/04/2019

Effective from: 12/04/2019

Decision:

That the Cabinet Member for Housing Services:

 

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

 

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

 

Reasons for Decisions 

 

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

 

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

 

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

 

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

 

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

 

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

 

Wards affected: Church Street; Churchill;

Lead officer: Jonathan Cooper


27/03/2019 - Electric Vehicle Infrastructure Charging Strategy 2019 - 2025

Strategy to support growth of Electric Vehicle Charging Infrastructure to meet objectives of the Clean Air Manifesto.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 29/04/2019

Wards affected: (All Wards);

Lead officer: Philip Robson

Notice of decision: 27/03/2019

Anticipated restriction: Open


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 26/03/2019

Effective from: 03/04/2019

Decision:

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

 

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

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

Reasons for Decision 

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


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision published: 25/03/2019

Effective from: 02/04/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision

 

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

 

 


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

Cabinet Member approval sought for recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/03/2019

Effective from: 22/03/2019

Decision:

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

           

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

 

Reasons for Decision 

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


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

Cabinet Member approval sought for contract extensions.

Decision Maker: Cabinet Member for Housing Services

Decision published: 22/03/2019

Effective from: 30/03/2019

Decision:

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

 

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

 

Reasons for Decision 

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

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

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


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

Officer Report

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

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

 

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

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

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

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

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

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

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

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

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

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

Reasons for Decision

 

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

 

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

1)     The regeneration should be a Council led,

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

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

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

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

 

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

Wards affected: Churchill;

Lead officer: David Thompson


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

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 27/03/2019

Decision:

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

 

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

 

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

 

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

 

Reasons for Decision 

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

 

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

 

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

 

Wards affected: (All Wards);

Lead officer: Darren Montague


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

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 19/03/2019

Effective from: 21/03/2019

Decision:

Recommendations

 

1         That Cabinet Member noted the receipt of the petition.

 

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

 

Reasons

 

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

 

Wards affected: Bryanston and Dorset Square;

Lead officer: Anju Banga


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

Decision Maker: Cabinet

Decision due date: 08/04/2019

Lead officer: Mike Clarke

Notice of decision: 18/03/2019


12/03/2019 - Election of Chair ref: 1011    Recommendations Approved (subject to call-in)

Decision Maker: Planning Applications Sub-Committee (1)

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

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

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


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

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

Decision Maker: Cabinet Member for Housing Services

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

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

 

Reasons for Decision 

 

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

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

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

Wards affected: (All Wards);

Lead officer: Jonathan Cowie


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

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Reasons for Decision

 

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

 

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

 

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

 

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

 

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

Wards affected: (All Wards);

Lead officer: Neil Walker


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

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision published: 12/03/2019

Effective from: 12/03/2019

Decision:

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

 

Reasons for Decision

 

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


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

Cabinet Member approval sought to secure borrowing.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/03/2019

Effective from: 20/03/2019

Decision:

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

 

Reasons for Decision 

 

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

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


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

Officer Report.

Decision Maker: Cabinet Member for Housing Services

Decision published: 11/03/2019

Effective from: 11/03/2019

Decision:

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

Reasons for Decision

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

 

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

Wards affected: (All Wards);

Lead officer: Daniel Peattie


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

Cabinet Member approval sought to approve recommendations of the Panel.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 08/03/2019

Effective from: 08/03/2019

Decision:

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

           

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

 

Reasons for Decision 

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


08/03/2019 - Corporate Enforcement Policy    Recommendations Approved

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

Decision Maker: Cabinet

Decision due date: 08/04/2019

Wards affected: (All Wards);

Lead officer: Kirsty Munro

Notice of decision: 08/03/2019

Anticipated restriction: Open


06/03/2019 - A new Westminster kerbside management hierarchy

To take account of the need to ensure that the kerbside of the Westminster Highway network is better managed to suit the 21st Century demands of residents, businesses and visitors a new kerbside management hierarchy is recommended for future adoption in respect to all future parking, loading and waiting, traffic management and public realm schemes implemented on the street. The emphasis will be on the creation of calmer residential streets where residents find it easier to walk and cycle around their neighbourhoods, the redesign of our High Streets to ensure that deliveries are easier made and shoppers can better access such areas on foot, by cycle, by bus and by car and then there is the need to ensure that certain strategic corridor routes are better managed for the through and safe passage of vehicles that need to travel through Westminster.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: 04/2019

Wards affected: (All Wards);

Lead officer: Hugh Brennan

Notice of decision: 06/03/2019

Anticipated restriction: Open


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

Annual Capital programme for Highways, Lighting and Structures

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 05/03/2019

Effective from: 20/03/2019

Decision:

2.              Recommendations

That the Cabinet Member for Environment and City Management approved:

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

 

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

 

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

 

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

 

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

 

3.              Reasons for Decision

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

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

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

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

 

Wards affected: (All Wards);

Lead officer: Andy Foster


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

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

 

Decision Maker: Leader of the Council

Decision published: 03/03/2019

Effective from: 03/03/2019

Decision:

That the Leader of the Council approvesthat:

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

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

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

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

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

 

 

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

 

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

 

Wards affected: (All Wards);

Lead officer: Lucy Hoyte