Agenda, decisions and minutes

Cllr Adam Hug welcomed everyone to the meeting, noting that it would be livestreamed with a recording to be made available online.

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

There were no declarations of interest received.

To approve the minutes of the meeting held on 30 October 2023.

Cllr Adam Hug, with the consent of the Members present, agreed that the minutes of the meeting held on 30^th October were a true and correct record of the proceedings.

To approve the inclusion of ‘Care Leaver’ to be taken into account alongside the nine protected characteristics already legislated for in the Equality Act 2010.

Cabinet approved the following recommendations:

·       Approve the inclusion of ‘Care Leaver’ to be taken into account alongside the nine protected characteristics already legislated for in the Equality Act 2010.

·       Note that Westminster City Council’s senior leaders will work together to providing enhanced work experience, apprenticeship, and employment opportunities as part of their corporate parenting responsibilities, including cognising their particular needs systematically as part of EQIAs and ensuring that they are considered across all strategies, responsible procurement and commissioned contracts.

·       Note the commencement of a programme of work which includes:

o   Reviewing our EQIA and Equalities programming (internal and corporate) to include care leavers

o   Adapting our EQIAs to include consideration of care leaver status

o   Reviewing and adapting recruitment policies and procedures in order to guarantee care leaver applicants an interview where when they meet the essential criteria for a role being advertised

o   That every Directorate commits to providing mentoring, work experience and apprenticeship opportunities to care leavers

Reasons for decision:

As corporate parents, it is the Council’s collective responsibility to support children that have been in our care to ensure they receive the same opportunities that we would want for our own children. This support should include the promotion of good health and education, nurturing talent and providing stability, thus enabling successful adult lives.

Services across the Council will commit to providing opportunities and support to young adults with care experience to improve their outcomes and show a genuine and demonstrable commitment to supporting them to develop skills in order to thrive. This will require some time and effort on the part of Westminster’s leaders and staff to ensure that those leaving our care are continually championed and supported to achieve in all areas.

Westminster City Council will explicitly and systematically recognise ‘Care Leaver’ as a consideration, alongside the nine protected characteristics already legislated for in the Equality Act 2010. In doing so the Council can monitor and measure the impact that it is having to support those leaving our care in their life journey and make appropriate arrangements or adjustments to provide this support.

Cllr Hug introduced the item and invited Sarah Newman, Bi-borough Executive Director for Children’s Services, to speak to the report.

Sarah Newman noted that this initiative came out of the care review completed by Josh MacAlister, and that although government have not yet accepted this recommendation but local authorities around the country are now considering as part of their local offer.

Sarah Newman highlighted that the Council is already doing most of what is required through housing pathways, employment and apprenticeships, but applying ‘Care Leaver’ as protected characteristic ensures it becomes part of the Council’s Equality Impact Assessment and given formal consideration.

Sarah Newman noted that children now do not leave home until 27 on average and given that the Council supports care leavers up to 25, this decision strengthens the Council’s offer.

Sarah Newman noted that care leavers had been consulted on the decision and were in support.

Cllr Hug noted the importance of the decision due to his experience of working alongside care leavers over many years and that the Council must do what it can as corporate parents to support.

Cllr Less echoed Sarah Newman’s comments and commended the report.

RESOLVED: Cabinet approved the following recommendations:

·       Approve the inclusion of ‘Care Leaver’ to be taken into account alongside the nine protected characteristics already legislated for in the Equality Act 2010.

·       Note that Westminster City Council’s senior leaders will work together to providing enhanced work experience, apprenticeship, and employment opportunities as part of their corporate parenting responsibilities, including cognising their particular needs systematically as part of EQIAs and ensuring that they are considered across all strategies, responsible procurement and commissioned contracts.

·       Note the commencement of a programme of work which includes:

o   Reviewing our EQIA and Equalities programming (internal and corporate) to include care leavers

o   Adapting our EQIAs to include consideration of care leaver status

o   Reviewing and adapting recruitment policies and procedures in order to guarantee care leaver applicants an interview where when they meet the essential criteria for a role being advertised

o   That every Directorate commits to providing mentoring, work experience and apprenticeship opportunities to care leavers

To approve the activation of the final area of the programme and commencement of design for the three proposed OSP complementary schemes and the funding approach.

Cabinet approved the following recommendations:

·       Approve the activation of the final area of the programme and commencement of design for the three proposed OSP complementary schemes as set out in the report; and

·       Approve the funding approach for the three complementary schemes as set out in the report.

Reasons for decision

The complementary schemes seek to extend the public realm benefits being achieved on Oxford Street into adjacent neighbourhoods through an improvement of pedestrian access and comfort, additional seating and greening, enhanced lighting and better-quality surfacing materials. Furthermore, they will create new or improved amenity areas for potential future activation. The decision was made to retain the three schemes from a larger number of possible schemes contained in the previous OSD programme based on their contribution to achieving the benefits noted above.

The Davies Street scheme provides a vital gateway on Oxford Street to Mayfair and the recently opened Elizabeth Line station. The street is currently open to vehicular traffic and the proposed closure will secure an additional and safer space for pedestrians leading to Oxford Street. This will also create a new public amenity space and provide an opportunity for seating and greening resulting in a more comfortable and attractive experience.

The Grosvenor Square scheme will provide safer pedestrian and cycling facilities, reducing the dominance of the carriageway around the square. This will be achieved through the delivery of wider footways and the improvement of pedestrian crossings.

The James Street scheme is intended to provide a pedestrian and cycle friendly environment in James Street south along with operational changes to Barrett Street, Picton Place, James Street north. An improved public realm space is envisaged to the north of Bird Street and permanent footway build outs are proposed at the junction of Picton Place with James Street to convert a temporary measure introduced during the pandemic.

Cllr Hug invited Cllr Barraclough to introduce the report and noted that the report was before Cabinet as part of a commitment to maximum transparency on decision-making for the Oxford Street Programme.

Cllr Barraclough noted that the progress in 18 months since it was found that the Oxford Street District Programme had cost over £35m and delivered the Marble Arch Mound.

Cllr Barraclough noted the ambition of the previous administration to pedestrianise Oxford Circus without consulting the community or businesses, but that the Council has since refocused the programme to Oxford Street itself, and worked closely with NWEC to produce a scheme that meets the needs of retailers, shoppers and residents through wider pavements, improved lighting, extra trees, upgraded pedestrian crossings.

Cllr Barraclough noted feedback was very supportive through consultation in summer 2023.

Cllr Barraclough highlighted this decision is for three small complementary schemes, which are critical to the delivery of the primary programme and were only to be brought forward if they could be co-funded with the private sector which has been achieved.

Cllr Barraclough invited Bernie Flaherty, Deputy Chief Executive and Bi-Borough Executive Director of Adult Social Care and Public Health, and Manisha Patel, Director of Operations, Governance and Oxford Street, to speak to the report.

Bernie Flaherty noted that the three schemes will bring benefits within their own right for pedestrians, amenities, and the surrounding environment.

Manisha Patel noted that these three schemes were retained from a much larger Oxford Street District Programme and it was agreed that these schemes complemented the primary scheme on Oxford Street best.

Manisha Patel noted that the Council now has further clarity around scope of the schemes and idea of cost, and discussions on funding have progressed.

Cllr Dimoldenberg noted his support for the programme, and expressed confidence that it will be delivered on budget and will significantly improve the Oxford Street environment.

RESOLVED: Cabinet approved the following recommendations:

·       Approve the activation of the final area of the programme and commencement of design for the three proposed OSP complementary schemes as set out in the report;

·       Approve the funding approach for the three complementary schemes as set out in the report.

This item is to follow and will be published following the statutory 30 November taxbase calculation date.

Cabinet approved the following recommendations:

·       Approve the following recommendations for the financial year 2024/25:-

(i) that the Council Tax discount for second homes remains at 0%

(ii) that the Council Tax discounts for empty properties, including the discounts that replaced the previous Class A and C Council Tax exemptions, remain at 0%.

(iii) that a Long-Term Empty Property Premium continues at the maximum percentages allowed for by the current legislation for the 2024/25 financial year. which includes commencing the premium a year after a property has been empty, rather than the current 2 years.

(iv) that the Director of Revenues & Benefits be given delegated authority to determine any individual local discount applications received from Council Taxpayers during the 2024/25 financial year under section 13A(1)(c) of the Local Government Finance Act 1992.

·       Recommend that the Council approves the same Council Tax Reduction Scheme for 2024/25 which has operated successfully since 2013/14. The scheme is based on the Default Scheme Regulations, updated to reflect changes made via the Prescribed Requirements Amendment Regulations and with War Disabled Pensions, War Widow, Pensions and Armed Forces Compensation scheme payments disregarded in full when calculating a claimant’s income. The same disregards should also apply to Housing Benefit and claims for Discretionary Housing Payment (DHP).

·       Recommend to the Council to resolve that the Council Tax Base for 2024/25 for the Whole City is 137,295.64 equivalent Band D properties, for Montpelier Square alone 96.96 equivalent Band D properties and for Queen’s Park 3,700.40 equivalent Band D properties.

·       Recommend to the Council to resolve that the figures set out in the above paragraph for the Council Tax Base for 2024/25 be used by the Council to make a determination pursuant to the requirements of the Local Government Finance Act 1992.

·       Determine to implement a 100% Second Home Premium for the 2025/26 financial year, which is the earliest date allowed for under the new legislation.

Reasons for decision:

The taxbase decision is sought in order that the Council complies with the requirements of the Local Government Finance Act 1992.

The retention of the same levels of Council Tax discount, for empty properties and second homes will continue to deliver additional Council Tax income for the Council without disadvantaging any vulnerable members of the community.

The recommendation to allow the Director of Revenues and Benefits to continue to determine any individual local discount claims will enable assistance to be given to individual Council Taxpayers. This will provide the mechanism for granting the local Council Tax discount for Care Leavers, flood victims and other vulnerable Council Taxpayers in line with the Council’s Council Tax Ethical Recovery procedure.

The Council’s proposed 100% Council Tax Reduction Scheme will mean that the level of Council Tax support provided to the borough’s working age claimants will effectively mirror that previously provided under the national Council Tax Benefit scheme.

The recommendation to continue the Long-Term Empty Property Premium at the maximum allowed for within current legislation aligns with the Council’s Fairer Westminster agenda and the aim to  ...  view the full decision text for item 5.

Cllr Hug noted that this is an annual report that the council must consider and make recommendations to Full Council on, and invited Cllr Boothroyd and Gerald Almeroth, Executive Director of Finance and Resources, to speak to the report.

Cllr Boothroyd noted that the aspects of the report which the Council have discretion over are the council tax support scheme for people on low incomes, and the properties on which it is appropriate to increase council tax charges.

Cllr Boothroyd highlighted that the cost-of-living crisis is not over, which is why Council wants to continue 100% relief for eligible households as well as a discount for flood victims, vulnerable residents and care leavers.

Cllr Boothroyd highlighted a new premium on council tax for properties that have been empty for one year instead of a minimum of two, and an increase to the premium for those that remain empty over five and over ten years.

Cllr Boothroyd noted that the report also gives notice of a premium on second homes, which will begin in 2025.

Gerald Almeroth noted that the tax base has grown by 1 percent which adds £600k to council funding for the Budget next year.

Cllr Hug welcomed that any action that will bring empty homes back into use.

Cllr Barraclough noted the need to take all action to disincentivise people from second or empty homes.

RESOLVED: Cabinet approved the following recommendations:

·       Approve the following recommendations for the financial year 2024/25:

o   (i) that the Council Tax discount for second homes remains at 0%

o   (ii) that the Council Tax discounts for empty properties, including the discounts that replaced the previous Class A and C Council Tax exemptions, remain at 0%.

o   (iii) that a Long-Term Empty Property Premium continues at the maximum percentages allowed for by the current legislation for the 2024/25 financial year. which includes commencing the premium a year after a property has been empty, rather than the current 2 years.

o   (iv) that the Director of Revenues & Benefits be given delegated authority to determine any individual local discount applications received from Council Taxpayers during the 2024/25 financial year under section 13A(1)(c) of the Local Government Finance Act 1992.

·       Recommend that the Council approves the same Council Tax Reduction Scheme for 2024/25 which has operated successfully since 2013/14. The scheme is based on the Default Scheme Regulations, updated to reflect changes made via the Prescribed Requirements Amendment Regulations and with War Disabled Pensions, War Widow, Pensions and Armed Forces Compensation scheme payments disregarded in full when calculating a claimant’s income. The same disregards should also apply to Housing Benefit and claims for Discretionary Housing Payment (DHP).

·       Recommend to the Council to resolve that the Council Tax Base for 2024/25 for the Whole City is 137,295.64 equivalent Band D properties, for Montpelier Square alone 96.96 equivalent Band D properties and for Queen’s Park 3,700.40 equivalent Band D properties.

·       Recommend to the Council to resolve that the figures set out in the above paragraph for the Council  ...  view the full minutes text for item 5.

To approve the unchanged Fees and Charges Policy, changes to fees and charges as outlined in Appendix 2, and approve that authority be delegated to the Executive Director for Finance and Resources to make minor or technical adjustments to any fees and charges in year, in consultation with the relevant Cabinet Member. 

Cabinet approved the following recommendations:

·       Approve the changes to fees and charges as outlined in Appendix 2 of this report 2.

·       Approve that authority be delegated to the Executive Director for Finance and Resources to make minor or technical adjustments to any fees and charges in year, in consultation with the relevant Cabinet Member.

·       Approve the unchanged Fees and Charges Policy at Appendix 1.

·       Note the outcome of the call-in on the parking fee structure review which is being heard on 6 December 2023, the outcome of which will be reported to the Cabinet orally at the meeting.

Reasons for decision:

To agree the Council’s fees and charges position and changes from 1 January 2024 at the earliest.

Cllr Hug noted that this was an annual report which Cabinet must take a decision on and invited Cllr Boothroyd and Gerald Almeroth to speak to the report.

Cllr Boothroyd noted that it was comprehensive and coordinated look at fees and charges, which make far greater contribution to the Budget than annual council tax.

Cllr Boothroyd noted that fees are generally increased by September CPI which the Council was intending to follow.

Cllr Boothroyd highlighted that there are specific areas where there are additional costs or Council fees are out of line comparable and the increase will be greater, which allows the Council to keep some fees down in specific services, for example health and wellbeing group activities in leisure.

Gerald Almeroth noted inflation using here is 6.7% and that where policy is different to just recovering costs or the Council has a specific policy aim, that is set out separately.

Gerald Almeroth noted that some charges to be implemented in January and would impact income to the Council in the current year.

Cllr Hug noted his thanks for the work on the report.

Cllr Barraclough highlighted that discretionary planning fees are increasing to ensure a high-quality service which has been discussed and agreed with the real estate industry.

Frances Martin noted that the report stated that emissions based charges were subject to a call-in, and that the meeting had been held and no changes had been made.

RESOLVED: Cabinet approved the following recommendations:

·       Approve the changes to fees and charges as outlined in Appendix 2 of this report

·       Approve that authority be delegated to the Executive Director for Finance and Resources to make minor or technical adjustments to any fees and charges in year, in consultation with the relevant Cabinet Member.

·       Approve the unchanged Fees and Charges Policy at Appendix 1.

·       Note the outcome of the call-in on the parking fee structure review which is being heard on 6 December 2023, the outcome of which will be reported to the Cabinet orally at the meeting.