Decisions

This report seeks approval to:

 implement new electric vehicle recharging points at selected Car Club bays;

 modify and make traffic regulation orders;

 commit capital expenditure of £298,000 required to complete the implementation of these works;

 delegate authority to the Executive Director of City Management and Communities to approve the phased programme of works in consultation with the Cabinet Member for Sustainability and Parking.

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

Approval was given by the Cabinet Member to:

1.         implement new electric vehicle recharging points at selected Car Club bays.

2.         modify and make traffic regulations orders in accordance with the Road Traffic Regulations Act 1984 necessary to accommodate the new electric vehicle Car Club bays.

3.         commit capital expenditure of £298,000 to cover the design and implementation of these works.

4.         delegate authority to the Executive Director of City Management and Communities to approve the phased programme of works in consultation with the Cabinet Member for Sustainability and Parking.

Reasons for Decision

1.         To contribute to air quality improvement in the City and support compliance with the City Council’s statutory duties for local air quality management (LAQM) under Part IV of the Environment Act 1995 and the City’s Air Quality Action Plan 2013.

2.         Total funding available for this project is £298,800 secured through the Department for Environment, Food & Rural Affairs (DEFRA)’s Air Quality Grant (£78,800); the Mayor’s Air Quality Fund (£80,000); and the City Council’s Local Implementation Plan from Transport for London (£140,000). All costs pertaining to the design and implementation, including third party implementation costs, risks and contingencies will be fully funded from this amount.

Charlie Parker, Chief Executive

Westminster City Hall,

64 Victoria Street

LONDON  SW1E 6QP

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.

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.       That the Cabinet Member for Built Environment agreed to increase the ‘per unit sum’ from 1st April 2015 by 14.2% reflecting the increase in residential values over the previous year and resulting in a new per unit sum of £287,000 (and £383,000 in the designated higher values areas – see map attached at Appendix B to the report).

          It is important to have an up-to-date per unit sum in lieu of affordable housing provision to reflect changes in land prices over the last year, in line with the Westminster City Plan: Strategic Policies (adopted November 2013) and as set out in paragraphs 3.51 to 3.53 of the Unitary Development Plan (adopted January 2007) in order to ensure on-going and market sensitive financial contributions to the Affordable Housing Fund.

That expenditure of £17,764.20 for the installation and maintenance of 130 hanging baskets throughout the Maida Vale Ward as detailed in the report be approved.

To implement the Ward Budget Programme.

That the following are approved:

·         the fees and charges for the indoor sports and leisure centres set out in Appendix 1-5 of the report effective from 1^st January 2015.

·         the fees and charges for Paddington Recreation Ground set out in Appendix 6 of the report effective from 1^st January 2015.

·         the fees and charges for Academy Sport and St Augustine’s set out in Appendix 8 and 9 of this report effective from 1^st January 2015, subject to further agreement from the ‘Community Management Group’ for the individual school sites.

·         the fees and charges for Sayers Croft Field Centre set out in Appendix 7 of the report effective from 1^st September 2015.

Reason for the Decision

Under the sports and leisure management contract provisions for the indoor and outdoor leisure sites, an annual review of fees and charges for services is required to be undertaken by the Council for implementation by the contractor from 1^st January each year. The Community Use Agreement for Academy Sport at Westminster Academy and for the St Augustine’s sports facilities ensures that the Council retains control over fees and charges for the sites subject to approval from the established ‘Community Management Group’ at each school.

The fees and charges for the ‘in house managed’ Sayers Croft Field Centre are reviewed annually to ensure services remain attractive to customers and that increases in operational costs are contained through increases in fees and charges in order to meet the associated revenue budgets.

Peter Large

Head of Legal and Democratic Services

Westminster City Hall

64 Victoria Street

LONDON SW1E 6QP

Publication Date: 26 November 2014

Implementation Date: 26 November 2014

Decision Ref: No CMf/SLOP/13/2014-2015

That the proposed charges for the library service as set out in Appendix B of the report be approved and operational from 1^st January 2015.

Reason for the Decision

The Council’s Constitution requires an annual review of discretionary fees and charges (Part 4.F). The charges have been reviewed and changes are proposed to take effect from 1^st January 2015. These changes will ensure the library service recovers costs of providing ancillary services and harmonises fees across the Tri-borough library service.

Peter Large

Head of Legal and Democratic Services

Westminster City Hall

64 Victoria Street

LONDON SW1E 6QP

Publication Date: 26 November 2014

Implementation Date: 26 November 2014

Decision Ref: No CMf/SLOP/14/2014-2015

Summary of Decision

That expenditure of £3.68 million for the ward budget programme for 2014 -2018 be approved and that the minor changes to the process as outlined in the report be agreed.     

Reasons for Decision 

The expenditure is expected to continue to address local ward priorities. The minor changes to the process will ensure that organisations have better access to the programme and that the monitoring is proportionate whilst still maintaining a level of probity needed for the spending of public funds.

Peter Large, Head of Legal & Democratic Services,

Westminster City Hall,

64 Victoria Street

LONDON 

SW1E 6QP

Publication Date:                     18 June 2014

Implementation Date: 25 June 2014 at 5pm

Reference:                              CMfC&YP/1/2014/15

Summary of Decision

That the contract with Continental Landscapes Ltd. for the provision for grounds maintenance for parks & open spaces and the management and maintenance of cemeteries is extended for an initial period of 12 months from the current expiry date of 31^st March 2015 and retaining the option to extend by up to a further 12 months (to 31^st March 2017) as allowed for within the terms of the current contract be approved.

Reason for the Decision

Key considerations in arriving at this recommendation are that:

·           There are no tri-borough opportunities for this contract.  LBHF and RBKC have separate but aligned long-term contracts with the same supplier (Quadron Services Ltd.) until April 2021.

·           The level of funding available to continue maintaining parks and cemeteries will be considered as part of the Medium Term Planning process. It is expected that the council will be better able to define its future requirements for parks and cemeteries in approximately 12 months time.

·           Continental has a strong track record of working positively with the council to reduce contract expenditure.

·           The unit costs of the Continental contract benchmark positively against the two other tri-borough contracts.

·           The quality of service delivered by Continental is very good. Westminster is the current holder of the prestigious London in Bloom “council of the year” award and recorded the highest public satisfaction rating of any Westminster council service in the most recent City Survey (92%). This rating also compares well with parks satisfaction ratings in LBHF (80%) and RBKC (78%).

Peter Large

Head of Legal and Democratic Services

Westminster City Hall

64 Victoria Street

LONDON SW1E 6QP

Publication Date: 11 September 2014

Implementation Date: 18 September 2014 at 5pm

Decision Ref: No CMf/SLOP/8/2014-2015

1.    That the following are approved:

·           the proposals for ceremony fees at Mayfair Library (3% to 17% increases)

·           the proposals for Approved Venue fees (2% to  4% increases)

·            the proposal to increase the booking fee (by £25)

·            the proposals for ceremony fees at the partnership venue

as set out in the benchmarking and proposed fees set out in the report.

2. That the taking Notice of Intention (to marry) fees in advance of the appointment as opposed to on the day be approved
3. That the ability to charge new citizens a cost recovery fee for attending a group citizenship ceremony hosted at an external venue be approved.

Reason for the Decision

1.    The service reviews its charges at least annually and uses benchmarking analysis and customer demand to inform this process, as well as working towards a strategic objective of becoming cost neutral to the Council.

2.    Any new bookings are made based on the latest approved fees and charges. Due to the nature of bookings being in advance, there is a lead in time for financial impacts, therefore the annual cycle of review is recommended to be earlier in the financial year.

Peter Large

Head of Legal and Democratic Services

Westminster City Hall

64 Victoria Street

LONDON SW1E 6QP

Publication Date: 10 October 2014

Implementation Date: 10 October 2014

Decision Ref: No CMf/SLOP/9/2014-2015

That expenditure of £10, 787.67 for Family Activity Days on the River run by Westminster Boating Base as detailed in the report be approved.

To implement the Ward Budget Programme.

That expenditure of £24,617 for additional recycling collections on a Friday from July 2014 until March 2015 in the Little Venice Ward as detailed in the report be approved.

To implement the Ward Budget Programme.

That expenditure of £17,995 for the installation of 281 hanging baskets throughout the Marylebone High Street Ward as detailed in the report be approved.

To implement the Ward Budget Programme.

1.       That approval be given to undertake public consultation on the design proposals and report back to Cabinet Members.

2.       That approval (subject to considering the results of public consultation) to be given for the design and implementation of the proposed public realm improvements indicated on Drawing 1 in Appendix B to the report.

3.       That approval to be given to capital expenditure of up to £1,727,000 necessary to implement the scheme.

4.       That delegated authority to be given to the City Commissioner of Transportation to approve minor modifications to the approved scheme, in consultation with the Cabinet Member for the Built Environment and the Cabinet Member for Sustainability and Parking.

The proposed public realm improvements identified in the report will improve the streetscape and safety for all highway users, including increasing pedestrian amenity, wider pedestrian crossings, introducing a diagonal crossing, introducing an advanced stop line for cyclists, repaving the footways in high quality  materials and providing improved public lighting and drainage.

That expenditure of £13,000 in order to commission Extra Police Patrols as detailed in the report be approved.

To implement the Ward Budget Programme.