Decisions

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

Summary of Decision

1.         That the Cabinet Member for Sustainability and Parking approved the City Council’s response to TfL’s consultation on Cycle Superhighway 11.

2.         That the City Council notes the responses received from various stakeholders, including the St Marylebone Society and the St John’s Wood Society.

3.         That the City Council notes the comments and concerns raised by local communities as set out in the appendices to the report.

Reasons for Decision

TfL has been consulting on Cycle Superhighway since 8 February 2016 and this covers the section from Swiss Cottage to Portland Place.  Within the City of Westminster the proposed alignment of this route is Avenue Road, The Outer Circle Regent’s Park, Park Crescent and Portland Place. The City Council’s response sets out that it is essential that TfL undertakes additional traffic modelling and shares the modelling assumptions with the City Council and its residents and businesses. This will assist all stakeholders in understanding fully the traffic impacts associated with the Cycle Superhighway 11 (CS11) proposals. The City Council supports the strong local feelings that TfL should adopt an holistic approach by considering the combined impacts of several schemes and major redevelopments in its modelling of CS11. There is significant concern that TfL’s modelling needs to consider the redevelopment of the St John’s Wood Barracks and the potential traffic impact of HS2, albeit that the works for the latter will not happen for at least five years.

Charlie Parker, Chief Executive

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

That the Cabinet Member for Built Environment agreed the Proposed Submission Documents for publication under Regulation 19 of the Town and Country Planning Local Planning) (England) Regulations 2012 attached as Appendices 1-5 to the report.

To enable progress on these key policy areas within the West End and provide a robust policy framework within the statutory local plan to determine applications involving special policy areas.

1.              The Cabinet Member for the Built Environment:

2.              Acknowledged the representations that were been made during consultation on Westminster’s Community Infrastructure Levy Draft Charging Schedule alongside the detailed considerations on the issues raised as summarised in Appendix 1 to the report.

3.              Approved the appointment of an independent examiner from the Planning Inspectorate Service to conduct the examination of the council’s Draft Charging Schedule and supporting evidence in accordance with the Community Infrastructure Levy Regulations 2010 (as amended).

4.              Agreed that, subject to (2) above, no further modifications to the Draft Charging Schedule are required and that the following documents and information now be submitted to an independent examiner in accordance with Regulation 19 of the Community Infrastructure Levy Regulations 2010 (as amended):

(i)                  The Draft Charging Schedule (Appendix 2 to the report);

(ii)                 A statement setting the number of representations made during public consultation on the Draft Charging Schedule and a summary of the main issues raised by the representations (Appendix 1 to the report);

(iii)               Copies of the representations made and;

(iv)               Copies of the relevant evidence that has informed the preparation of the Draft Charging Schedule (a schedule setting out the documents comprising the relevant evidence is included as Appendix 3 to the report). 

5.              Agreed that in the event that the Cabinet Member decides to make modifications to the Draft Charging Schedule that delegated authority is granted to the Director of Policy, Performance and Communications to:

(i)                  Make the required modifications to the Draft Charging Schedule;

(ii)                 Publish the statement of modifications in accordance with the Community Infrastructure Levy regulations 2010 (as amended);

1.       The council is pursuing the development of a Westminster Community Infrastructure Levy (CIL). It recognises that the CIL Regulations 2010 (as amended) have placed limitations on a local authority’s ability to secure funding for infrastructure from development through planning obligations as secured through Section 106 agreements. Because of these restrictions officers have estimated a loss of income in Westminster of up to £2.3 million per annum for infrastructure that would have otherwise been secured through planning obligations. A Westminster CIL on the other hand is estimated to raise approximately £17 million per annum from development to fund infrastructure that is required to support development in the area. Like planning obligations a future CIL income is dependent on developments being implemented and therefore the estimated annual average should be treated with caution given that it could fluctuate significantly in any given year. Notwithstanding, a Westminster CIL will undoubtedly raise more funding over time for infrastructure than has typically been achieved through planning obligations. 

2.       The Planning Act 2008 and the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) set out the stages which the charging authority must go through to set their local CIL. Following consultation on a Draft Charging Schedule a charging authority must appoint an independent person (‘the Examiner’) to examine the draft before it can be formally approved. To move towards the next stages of adopting a Westminster CIL it is therefore imperative that the Council now makes the necessary arrangements to appoint an Examiner.

3.       The charging authority must appoint someone who in the opinion of the authority is independent of the charging authority and has appropriate qualifications and experience. National government guidance suggests that a planning inspector appointed by the Planning Inspectorate (PINS) “is likely to meet these criteria” and in practice most authorities have used this route. Officers have tested the market for other providers but have been unable to find one that could provide an examiner within a reasonable timescale or acceptable cost.

1.       That the Cabinet Member for Built Environment agreed the Proposed Submission Documents for publication under Regulation 19 of the Town and Country Planning Local Planning) (England) Regulations 2012 attached as Appendices 1-3 to the report.

2.       That the Cabinet Member approved a non-immediate Article 4 direction for the Central Activities Zone to remove permitted development rights for office to residential conversions, as attached in Appendix 7 to the report.

1.       To enable progress on these key policy areas in accordance with City for All and provide a robust policy framework within the statutory local plan to determine applications involving offices.

1.       That the Cabinet Member for Built Environment agreed the Proposed Submission Documents for publication under Regulation 19 of the Town and Country Planning Local Planning) (England) Regulations 2012 attached as Appendices 1-3 to the report.

2.       That the Cabinet Member approved a non-immediate Article 4 direction for the Central Activities Zone to remove permitted development rights for office to residential conversions, as attached in Appendix 7 to the report.

1.       To enable progress on this key policy area in accordance with City for All and to ensure appropriate regulation of basement development within the dense urban form of the city.

 2.      With the introduction of the basement revision and its more restrictive requirements, there would be an incentive for some owners to construct basements using their permitted development rights rather than applying for planning permission under the new policy. Such development would not be subject to any of the requirements of the basements policy which has been carefully drafted to mitigate harmful construction and other impacts on residents and on the residential character of the Borough. The risk of basements being built using permitted development rights is Borough-wide.

Approved publication for consultation of a draft supplementary planning document on “Use of Planning Obligations and Other Planning Mechanisms” attached as Appendix 1 to the report.

1.         The planning system and related legislation provide a number of mechanisms that can be used to ensure that new development is acceptable in planning terms – that it meets national, regional and local policies to ensure that development and growth is sustainable. These include planning obligations (commonly known as “section 106 agreements”, agreements under section 278 of the Highways Act 1980 for payment to the council of the costs of works on the highway and the use of powers under the planning acts to impose conditions on planning permissions. It is good practice to publish the council’s policies on the use of these mechanisms so that developers can understand the extent of the requirements that will be made of them, and the council published supplementary planning guidance on Planning Obligations in January 2008.

2.         The council is now working towards adoption of a Community Infrastructure Levy (CIL). The CIL is intended to replace tariff-based policies using section 106 to pool contributions from developments across an area to help pay for infrastructure – in Westminster these have been used for things like public realm, education and parking provision. As the CIL legislation prevents pooling of section 106 contributions for particular kinds of infrastructure or infrastructure projects from more than five developments in its area and also prevents CIL, planning obligations and highways agreements under section 278 of the Highways Act 1980 from being used for the same infrastructure types or projects, the council is going to have to change the way it uses the various planning mechanisms mentioned in paragraph 3.1.

3.         In addition, national guidance suggests that it is good practice for authorities to publish alongside their CIL consultation documentation their “proposed policy for the associated scaling-back of section 106 agreements to provide clarity about the extent of the financial burden that developments will be expected to bear so that viability can be robustly assessed”. At the first round of consultation – on a preliminary draft charging schedule in September-October 2014 – this information was presented in summary form. Consultation is about to begin on a draft charging schedule (the next stage in setting a Westminster CIL). The draft supplementary planning document put forward for approval will sit alongside this document.

4.         The opportunity has also been taken to take account of changes to law and policy since 2008 in the SPD.

1.       That the Cabinet Member for Built Environment approves the publication of the Interim Guidance Note attached as Appendix A to the report.

1.       The Community Infrastructure Levy Regulations 2010 (as amended) introduce restrictions on the use of section 106 planning obligations to “pool” contributions to fund infrastructure, with the intention that this type of arrangement will over time be replaced by the Community Infrastructure Levy. These restrictions come into force on 6^th April 2015.

2.       There is considerable uncertainty among the development community, amenity groups and other stakeholders of the planning system about the approach the City Council will take to ensuring continued delivery of its policies and about the potential for delay in the taking of planning decisions this may cause. The Interim Guidance Note (Appendix A to the report) is intended to explain the approach that will be taken, to meet these concerns as far as possible. It is being brought forward as a stand-alone note as preparation of a comprehensive supplementary planning document dealing with use of planning obligations and other planning mechanisms has been delayed as a result of recent changes to national planning policy and guidance concerning the Vacant Building Credit (VBC) and a recent High Court decision on use of section 106 agreements to seek contributions for administrative and monitoring purposes. The need for an interim note/statement is now pressing.

1.               Agreed to increase the level of Affordable Housing Funds (AHF) to the HRA from £4.5m to £6m, to ensure the delivery of 45 spot acquisitions by City West Homes.

1.         The allocation of additional Affordable Housing Funds to City West Homes will enable 45 homes to be purchased on the open market for use as affordable housing and these acquisitions will include up of 30 family sized homes.

2.         The purchase of additional affordable homes on the open market will add to the Council’s affordable housing stock and will create re-housing opportunities for households impacted by regeneration and consequently assist with the delivery of the Council’s Housing Renewal programme.

3.         The purpose of the City Council’s Affordable Housing Fund is to deliver additional affordable housing within the City 

1.       That the Cabinet Member for Built Environment agreed that the City Plan is revised under six separate revisions as follows:

1.          Basement Revision to Westminster’s City Plan

2.          Vacant Building Credit Revision to Westminster’s City Plan

3.          Mixed Use Revision to Westminster’s City Plan

4.          Special Policy Areas and Policies Map Revision to Westminster’s City Plan

5.          Energy Revision to Westminster’s City Plan

6.          Full Revision to Westminster’s City Plan

7.          Waste Revision to Westminster’s City Plan

2.       That the Cabinet Member for Built Environment agreed the following documentation for publication:

(i)     Local Development Scheme (attached at Appendix A to the report) for publication to provide guidance on plan preparation, to have effect from 20^th March 2015.

(ii)   Regulation 18 Notice (attached at Appendix B to the report) to notify the City Council’s intention to undertake the seven revisions set out in 1 above.

          The timely development of policies is crucial for robust decision-making and to ensure sustainable development in accordance with the NPPF. The adoption of revisions to Westminster’s City Plan: Strategic Policies through a number of more specific revisions will ensure the timely delivery of a plan and reduce delays in key and more urgent policy areas.

That the expenditure of £15,000 in respect of the enhancement of the lighting scheme at the Carlton Entrance of Paddington Recreation Ground (PRG) be approved.

To implement the Ward Budget Programme.

1.               The Cabinet Member considered the representations received in response to the consultation on the proposed St James’s Neighbourhood Forum as summarised in paragraph 4.7 in the report.

2.               For the reasons set out in Section 3 (and in more detail in Section 5) of the report the Cabinet Member agreed to:

i.             Designate the proposed St James’s Neighbourhood Forum as the neighbourhood forum for the St James’s Neighbourhood Area.

3.               The Cabinet Member agreed that a formal designation notice is published under the delegated authority of the Director of Communications, Policy and Performance, following the Cabinet Member decision in relation to the St James’s Neighbourhood Forum application.

1.              The proposed St James’s Neighbourhood Forum is considered to meet the requirements of the neighbourhood planning legislation. The Forum’s written constitution clearly states that it has been established for the express purpose of promoting or improving the social, economic or environmental well-being of St James’s, whilst it also has a membership of more than 21 persons and is open to individuals who live or work in the area. Section 5 of this report sets this out in more detail.

2.              The St James’s Neighbourhood Forum has a membership that is considered to be appropriate for a designated business neighbourhood area. It is also considered that the purpose of the neighbourhood forum – to be supportive of development that enhances the unique character of the built environment, preserves the architecture and the environment and considers the wellbeing of all, including visitors to the area, throughout the year – appropriately reflects the character of the St James’s Neighbourhood Area.

3.              The City Council received thirteen responses from across the St James’s area; and no objections.

1.          The Cabinet Member considered the representations received in response to the consultation on the proposed Fitzrovia West Neighbourhood Forum as summarised in paragraph 4.7.

2.          For the reasons set out in Section 3 (and in more detail in Section 5) of the report the Cabinet Member agreed to:

i.             Designate the proposed Fitzrovia West Neighbourhood Forum as the neighbourhood forum for the Fitzrovia West Neighbourhood Area.

3.     The Cabinet Member agreed that a formal designation notice is published under delegated authority of the Director of Communications, Policy and Performance, following the Cabinet Member decision in relation to the Fitzrovia West Neighbourhood Forum application.

1.          The proposed Fitzrovia West Neighbourhood Forum is considered to exceed the requirements of the neighbourhood planning legislation. The forum’s written constitution clearly states that it has been established for the express purpose of promoting or improving the social, economic or environmental well-being of Fitzrovia West, whilst it also has a membership of more than 21 persons and is actively open to individuals who live or work in the area. Section 5 of this report sets this out in more detail.

2.          The Fitzrovia West Neighbourhood Forum is considered to be representative of the designated Fitzrovia West Neighbourhood Area. Membership is drawn from different parts of Fitzrovia West and from different sections of the community, including from landowners, small business owners and workers, and residents. It is considered that purpose of the neighbourhood forum – to ensure that Fitzrovia develops as a habitable, sustainable and neighbourly community through all means available including planning, collaborative working and community enterprise – reflects the character of the Fitzrovia West Neighbourhood Area.

3.          The proposed Fitzrovia West Neighbourhood Forum received strong support during its respective period for representations. The City Council received a total of forty-three responses from across the Fitzrovia West area; of which thirty seven were supportive of the forum (no objections were received).