Decisions | Westminster City Council
Decision register

Decisions

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

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 - 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.


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.

 


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.


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


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.


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


22/02/2019 - London Business Rates Pooling ref: 1000    Recommendations Approved

To review the new offer regarding the 2019-20 business rates pool and seek Cabinet Member approval.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 22/02/2019

Effective from: 22/02/2019

Decision:

That the Council’s Section 151 officer, in consultation with the Cabinet Member for Finance, Property and Regeneration, be given delegated authority to agree the operational details of the pooling arrangements with the participating authorities and to enter into the Pooling Memorandum of Understanding.

 

 

 

The offer for London to enter a Pilot Pooling arrangement, as contained in the Provisional Local Government Finance Settlement, requires each London Borough and the GLA to formally agree to enter such a pool and to confirm the basis of distribution as set out in the Pooling Memorandum.

 

Wards affected: (All Wards);

Lead officer: David Hodgkinson


14/02/2019 - Mental Health Supported Housing Procurement ref: 999    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision published: 14/02/2019

Effective from: 22/02/2019

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 decision to award the contracts to the organisations with associated costs to Lots 1, 2, 3 and 4 respectively as set out in the report as part of a competitive tender process for the period from May 1st 2019 to April 30th 2023 for a total amount specified in the report.

 

 

3.         That the Cabinet Member for Housing Services delegated authority to the Director of Housing to consider/approve taking up the options to extend of 1 year plus 1 year plus 1 year, as allowed for within the contract conditions.

 

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. This contract must be put onto a compliant contractual footing with clear start/expiry dates and provisions to extend that do not continue indefinitely

2.            The evaluation panel met with all bidders from the 19th- 20th December 2018 to clarify areas of their tender submissions of their technical responses before selecting the preferred bidders according to the evaluation criteria.


13/02/2019 - Proposals for improved cross London procurement of Temporary Accommodation ref: 998    Recommendations Approved

Proposals to improve pan London procurement of Temporary Accommodation through London Councils' Capital Letters project

Decision Maker: Cabinet Member for Housing Services

Decision published: 13/02/2019

Effective from: 21/02/2019

Decision:

1.            That the Cabinet Member for Housing Services noted the £38 million over four years being made available by the Ministry of Housing, Communities and Local Government specifically for pan-London collaboration on the procurement of accommodation for homeless households.

 

2.            That the Cabinet Member for Housing Services approved in principle for the Council to join a letting company to be named Capital Letters London Ltd, a Company Limited by Guarantee that will be established by the London boroughs, as an ‘A’ member

 

3.            That the Cabinet Member for Housing Services delegated authority to the Director of Housing and Regeneration, after consultation with the Cabinet Member for Housing, the following:

 

a) Finalising and agreement of the Articles of Association, authorising the agreeing and entering into the council’s membership of Capital Letters Limited

 

b) Payment of up to £90K from Flexible Homelessness Support Grant to fund 2 officers within Capital Letters

 

c) the nomination of an Officer to be appointed as the council’s representative on the Capital Letter board.

 

4.            That the Cabinet Member for Housing Services noted the draft Articles of Association at Appendix A of the report.

 

5.            That the Cabinet Member for Housing Services noted the draft Members Agreement at Appendix B of the report.

 

Reasons for Decision

 

1.            This initiative is required to deliver additional affordable, suitable private sector accommodation to allow the Council to meet its homelessness duties at a cost it can sustain against the background of:

 

·         A challenging market with limited availability of accommodation for households on low incomes

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

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

·         The importance of working closely with other London boroughs to collaborate to secure accommodation

 

2.         This decision is necessary in order to fulfil the Council’s statutory duties to house persons who are defined as homeless under Part VII of the Housing Act 1996 and reduce the costs of fulfilling that duty.

 

3.         Capital Letters (with MHCLG funding) is designed to provide a cost effective source of sustainable Temporary Accommodation and an additional source of good quality private sector accommodation within London for households in housing need. Currently boroughs are, in many cases, competing against each other for properties.  Being jointly owned by London boroughs is designed to improve collaboration and provide more sustainable accommodation.

 

Wards affected: (All Wards);

Lead officer: Greg Roberts


08/02/2019 - Annual Review of Housing Revenue Account (HRA) Rent and associated HRA charges 2019-20 ref: 995    Recommendations Approved

To set the HRA tenant rents and other charges for the financial year 2019-20. The City Council is required by law to give tenants at least 28 days’ notice of any variation to the rent charged.

Decision Maker: Cabinet Member for Housing Services

Decision published: 13/02/2019

Effective from: 19/02/2019

Decision:

1.         That in order to comply with the provisions of the Welfare Reform and Work Act 2016, the Cabinet Member for Housing Services approved the reduction of Housing Revenue Account rents by 1% from 1st April 2019.

2.         That the Cabinet Member for Housing Services noted that the Council continues to exercise its discretion under the rent restructuring policy to set rents for new tenants and transfers on all re-lets at formula target rent from Monday, 1st April 2019.

3.         That the Cabinet Member for Housing Services approved the variation of tenant service charges to be in line with estimated actual costs for 2019/20 from Monday, 1st April 2019. 

4.         That the Cabinet Member for Housing Services approved a 3.3% increase (RPI as at September 2019) for charges for car parking, parking spaces, sheds and garages from Monday, 1st April 2019.

Reasons for Decision

To set the Housing Revenue Account tenant rents and other charges for the financial year 2019/20. The City Council is required by law to give tenants at least 28 days’ notice of any variation to the rent charged.

Wards affected: (All Wards);

Lead officer: Daniel Peattie


13/02/2019 - Green Plaques to commemorate the centenary of GCHQ ref: 997    Recommendations Approved

To establish if there is Cabinet Member support for three Green Plaques to commemorate 100 years of GCHQ.

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 13/02/2019

Effective from: 13/02/2019

Decision:

That the nomination for a Westminster Green Plaque to commemorate the site of the first offices of GCHQ at Watergate House is approved in full.

 

 

As the first home of one of Britain's three intelligence agencies, Watergate House is a building of historical interest, and its status as a former top secret location forms a significant part of the heritage of the city. This year marks 100 years since the formation of GCHQ and a Green Plaque provides the opportunity to commemorate the important role it played in post First World War history. 

 

The Special Operations Executive (SOE) has a Green Plaque at 64 Baker Street.

 

Wards affected: St James's;

Lead officer: Claire Appleby


01/02/2019 - Confirmation of Westminster’s article 4 Direction for changes of use from B1(a) (offices) to C3 (dwelllinghouses) ref: 992    Recommendations Approved

Seeking approval to confirm a non-immediate direction under article 4 of the Town and Country Planning (General Permitted Development) (England) Order 2015 to remove permitted development rights for changes of use from B1(a) (offices) to C3 (dwellinghouses) in the Westminster Central Activities Zone (CAZ). The effect of the decision will be that from the date the Direction comes into force, applications for planning permission will be required for these changes of use.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 01/02/2019

Effective from: 01/02/2019

Decision:

i)             That the representations made to the proposed non-immediate direction under article 4 of the Town and Country Planning (General Permitted Development) Order 2015 (GPDO 2015) to remove permitted development rights granted by Schedule 2 Part 3 Class O of the 2015 Order (as amended) for changes of use from B1(a) (offices) to C3 (dwellinghouses) in the Central Activities Zone (CAZ) be approved

 

ii)            That the Direction, as set out in Appendix 1 of the report, to come into force on 1 May 2019 be approved.

 

iii)           That the giving of notice of the confirmation and date of commencement of the Direction and sending of a copy of the Direction as confirmed to the Secretary of State as required by paragraph 1(11) of Schedule 3 to the GPDO 2015 (Appendix 3) be approved.

 

Reason for Decision

Confirming the proposed Direction will help enable the Council to use its planning powers to secure an appropriate balance of uses in the CAZ. In particular, it will help ensure the availability of a range of workspaces to support the delivery of the right kind of growth in Westminster – which brings the maximum benefits for residents, workers, visitors and businesses while minimising detrimental effects City’s sustainable growth – and support delivery of the growth targets set out in the Westminster City Plan.

 

Wards affected: Bayswater; Bryanston and Dorset Square; Church Street; Churchill; Hyde Park; Knightsbridge and Belgravia; Little Venice; Marylebone High Street; Regent's Park; St James's; Tachbrook; Vincent Square; Warwick; West End; Westbourne;

Lead officer: Kimberley Hopkins


31/01/2019 - Relocation of Waste Vehicle Depot from Mandela Way to Landmann Way ref: 990    Recommendations Approved

Cabinet Member approval sought for relocation of Waste Vehicle Depot.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 01/02/2019

Effective from: 31/01/2019

Decision:

1.            That this report be exempt from disclosure by virtue of the Local GovernmentAct1972 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 delegated authority to the Director of Property, Investment and Estates to complete the lease for Landmann Way and secure the long-term position for the Council’s waste depot service.

 

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

 

Reasons for Decision

 

1.            The new lease is required to secure a long-term waste vehicle depot site to serve communities and businesses across Westminster.

 

2.         The Council has a statutory obligation to provide street cleaning and refuse services

 

3.         The Council is committed to deliver a city for communities and businesses that is clean and well-run.

 


31/01/2019 - Re-procurement of Managing Agents Contract ref: 988    Recommendations Approved

Cabinet Member approval sought for re-procurement of Managing Agents contract.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 31/01/2019

Effective from: 08/02/2019

Decision:

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

 

2.               That the Cabinet Member for Finance, Property and Regeneration approved the award of a new contract to the preferred bidder, commencing 1st January 2019 to 31st December 2022, a period of three years, with an option to extend for a further one year..

3.               That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director of Property, Estates and Investment to approve and award the one year term extension if appropriate.

 

Reasons for Decision 

To ensure the continued management of the Council’s Property Investment Portfolio, whilst also ensuring improved service delivery and value for money by way of a robust contract specification and detailed set of key performance indicators with penalty provisions for non-performance.

 


24/01/2019 - Contract Award decision - Services for Older People and Carers ref: 986    Recommendations Approved

Authority is sought to directly award time limited interim contracts for older people and carers services within Westminster due to expire in 2019.

This decision will enable service continuity for residents with established providers whilst a number of transformation initiatives are undertaken to inform future competitive tendering activity.

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 24/01/2019

Effective from: 01/02/2019

Decision:

1.1         Officers asked that the Cabinet Member for Family Services and Public Health approve a waiver to the requirements and process of Section 3.14  of the Westminster Procurement Code to conduct competitive exercises in respect of the below services in accordance with the boroughs’ Procurement Code.

 

1.2         Subject to approval of the waiver, officers asked the Cabinet Member for Family Services and Public Health to directly award the 14 contracts in Westminster City Council to the incumbent providers at a total cost of £2,798,626.

 

1.3         Officers asked that the Legal Comments in section 11 of the report be noted, and that a balanced approach to risk management be taken as set out in section 7.

 

2.4      Officers also recommended that delegated authority was granted from the Cabinet Member for Family Services in Westminster City Council to officers to enable the full terms as agreed within the interim contracts to be utilised as required.  This would expressly enable flexibility to extend the direct award beyond its initial duration as per the terms of the contract.  For avoidance of doubt this authority did not go beyond the maximum durations as set out within the report.

 

2     REASONS FOR DECISION 

 

2.1         The Council had clear duties around service provision under the Care Act 2014:

·         Prevention: The Council must provide or arrange services that help prevent people developing needs for care and support or delay people deteriorating such that they would need ongoing care and support.

·         Assessed Need: The Council had a duty to carry out an assessment of anyone who appeared to require care and provide or organise support as required

·         Carers: The Council had a duty, further to an assessment, to provide a care and support plan to Carers.

 

2.2         There were also a number of key national and local drivers informing the need for ongoing service provision, including:

·      Prime Ministers Challenge on Dementia 2020.

·      England’s National Dementia Strategy.

·      National Carers Strategy 2010 set out the government’s 10 year strategy for supporting carers.

·      National Carers Action Plan 2018 – 2020 setting out how to improve support for carers.

·      Bi Borough Health and Well Being Board Dementia and Isolation agendas.

 

2.3         The reasons for awarding the interim contracts fundamentally enabled continuity of essential services to vulnerable residents whilst key transformation initiatives were undertaken to reshape future delivery of services and improve outcomes for older residents. 

Wards affected: (All Wards);

Lead officer: Sharon Thurley


16/01/2019 - Designation of Mayfair Neighbourhood Forum ref: 985    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 16/01/2019

Effective from: 16/01/2019

Decision:

 

Summary of Decision

 

That the re-designation of  the Mayfair Neighbourhood Forum for a further period of 5 years be agreed and delegated authority be authorised to the Director of Policy, Performance and Communications to publish a formal designation notice.

 

Reasons for Decision

 

Westminster City Council designated Mayfair Neighbourhood Forum as the responsible body for preparing a Neighbourhood Plan for Mayfair on 10th January 2014. Under section 61F of the Town and Country Planning Act 1990 (as amended by the Localism Act 2011), Neighbourhood Forum designations expire after 5 years. The existing designation therefore expires on 10/01/19, and the Forum have applied to be re-designated.

 

In their application for re-designation the Forum state their future intentions (should the Mayfair Neighbourhood Plan be made) are to:

·         Monitor usage of the Mayfair Neighbourhood Plan and its policies to test the Plan’s effectiveness.

·         Propose adjustments to policies that fail to deliver associated Plan strategies.

·         Where necessary, comment individual applications.

·         Engage at the earliest opportunity with all interested parties on major projects and projects of particular sensitivity, with the intent of ensuring that the Neighbourhood Plan’s strategies and associated policies are understood and respected.

·         Influence the expenditure of CIL and Section 106 monies.

Consultation on the re-designation of the Mayfair Neighbourhood Forum highlighted support for the application.  There were no objections or competing applications.

 


16/01/2019 - WESTMINSTER CITY COUNCIL'S CONTRIBUTION TO THE LONDON BOROUGHS GRANTS SCHEME 2019-20 ref: 984    Recommendations Approved

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision published: 16/01/2019

Effective from: 17/01/2019

Decision:

 

 

 

That the proposed overall level of expenditure by the London Councils Grants Committee be endorsed and the City Council’s contribution of £0.185m for 2019-20 be agreed.

 

 

The London Councils London Boroughs Grants Scheme is the London-wide body created to make grant-aid available to voluntary organisations operating across more than one borough. Each year the London Councils Grants Committee proposes an overall level of expenditure for the Scheme which is recommended to the London Boroughs and the Cities of London and Westminster for agreement.

Constituent councils are required to contribute to any London Boroughs Grants schemes expenditure, which has been incurred with the approval of at least two-thirds of the constituent councils.  Contributions are, under Regulations 6(8) of the Levying Bodies (General) Regulations 1992, to be proportional to constituent council’s populations.  For 2019-20, the apportionment is based on the ONS mid-year estimates for June 2017 in accordance with Section 48 (4) of the Local Government Act 1985, which states that “the population of any areas shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference of such a date as the secretary of State may from time to time determine” This year London Council’s has set a deadline of 18th January 2019 (with an absolute deadline of 25th January 2019).  If at least two-thirds of the constituent Councils pass the resolution in their own Councils to ratify and give effect to that overall level of expenditure, the overall level of expenditure and contributions become binding on all the constituent Councils.

If constituent Councils are unable to reach agreement by the two-thirds majority required before 25th January 2019, the constituent Councils will be deemed, subject to any order made under section 48(5) of the Local Government Act 1985, all to have given their approval to total expenditure of an amount equal to that which was approved in 2018-19, i.e. £6.668m. 

 

Publication Date:

16 January 2019

Implementation Date:

23 January 2019 at 5pm

Reference:

 

CMfSC&CL/1/2018/2019

 

Lead officer: Julia Corkey


09/01/2019 - Flytipping Enforcement Policy

Decision Maker: Cabinet Member for Public Protection and Licensing

Decision due date: 06/02/2019

Wards affected: (All Wards);

Lead officer: Alex Woodman

Notice of decision: 09/01/2019

Anticipated restriction: Open


09/01/2019 - Management of Community Halls

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 09/02/2019

Notice of decision: 09/01/2019

Anticipated restriction: Fully exempt


07/01/2019 - Parking Strategy and Contracts Re-let 2020

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: Not before 07/02/2019

Notice of decision: 07/01/2019

Anticipated restriction: Fully exempt  - view reasons


07/01/2019 - Organisational restructure of the City Highways Parking Service

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Environment and City Management

Decision due date: Not before 07/02/2019

Notice of decision: 07/01/2019

Anticipated restriction: Open


07/01/2019 - Oxford Street District - Business Case    Recommendations Approved (subject to call-in)

Update on the business case developed for the Oxford Street District.

Decision Maker: Cabinet

Decision due date: 08/04/2019

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

Lead officer: Susanne Afra

Notice of decision: 07/01/2019

Anticipated restriction: Open


07/01/2019 - Luxborough Street Petition    Recommendations Approved

A report in response to the recent petition received regarding the Luxborough Street kick about site which calls for the Council not to proceed with any proposal to build on the site.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: Marylebone High Street;

Lead officer: Emily Myers

Notice of decision: 07/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Housing Investment Strategy and Housing Revenue Account Business Plan    Recommendations Approved

Approval of the Council's 2019/20 Housing Revenue Account Business Plan

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: Barbara Brownlee, David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Treasury Management Strategy    Recommendations Approved

Approval of the Council's 2019/20 Treasury Management Strategy

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon, Phil Triggs

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - Integrated Investment Framework    Recommendations Approved

Approval of the Council's Integrated Investment Framework

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon, Phil Triggs

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Capital Strategy    Recommendations Approved

Approval of the Council's five year (plus future years) capital strategy.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - 2019/20 Ctax & Budget Report    Recommendations Approved

Approval of the Council's 2019/20 revenue budget.

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: David Hodgkinson, Stephen Muldoon

Notice of decision: 02/01/2019

Anticipated restriction: Open


02/01/2019 - Purchase of flat in WC2

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 02/02/2019

Lead officer: Sarah-Jayne Steer

Notice of decision: 02/01/2019

Anticipated restriction: Open


28/12/2018 - Pay Policy 2019-20    Recommendations Approved

To gain approval for annual update of pay policy before full Council

Decision Maker: Cabinet

Decision due date: 25/02/2019

Wards affected: (All Wards);

Lead officer: Giorgia Fiorillo

Notice of decision: 28/12/2018

Anticipated restriction: Open


21/12/2018 - Award of Contract - expansion works at King Solomon Academy/Paddington Green School ref: 983    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 04/01/2019

Decision:

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

 

That the contract be awarded as outlined in the report.

 

That the Director of Law be authorised to negotiate and sign the following agreements – a pre-construction services agreement, a minor works contract and a design and build contract and, with Ark Schools, – a Development Agreement.

 

 

As part of the Council’s approved Secondary School Expansion programme, Paddington Green Primary School and King Solomon Academy are subject to a building project. This will enable the Council to fulfil its statutory duty to provide a school place for every child who needs one in its area.

 

The proposed contract value is within the programme budget negotiated with the School and ARK. Overall expenditure is in line with the Pre Tender Estimate and has been verified by Finance.

 

 

 

Lead officer: Alan Wharton


21/12/2018 - Appointment of Local Authority School Governor ref: 981    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 21/12/2018

Decision:

 

1.         That the appendix 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 Governors Advisory Panel set out in Appendix A to the report be approved.

 

 

Every maintained school governing body must contain at least one local authority appointed school governor.

 

Lead officer: Jackie Saddington


21/12/2018 - Expenditure from the Ward Budget for Knightsbridge and Belgravia ref: 980    Recommendations Approved

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

Decision published: 21/12/2018

Effective from: 21/12/2018

Decision:

 

That the expenditure of £46,000 in order to commission one Basement Enforcement Officer dedicated to Knightsbridge and Belgravia for one year be agreed.

 

 

The expenditure will help address the priority of improving local amenities within the Knightsbridge and Belgravia Ward.

 

 

 

Lead officer: Janis Best


21/12/2018 - Agilisys Lot 2 Contract Extension ref: 979    Recommendations Approved

Cabinet Member approval sought for extension of contract for Agilisys ICT Lot 2 contract.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 21/12/2018

Effective from: 03/01/2019

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 approved the extension ICT Framework Lot 2 (IT Service Desk) Call off contract from May 2019 to May 2022 which would be done via the issuing of a Contract Change Notification (CCN) to the existing contractor.

 

3.         That the Cabinet Member for Housing and Customer Services noted the total value of the extension for the 3 years for the sum as set out in the report and that if the Council decides to take some services in-house at some point within the 3 year period, then this figure is expected to reduce.

 

Reasons for Decision 

 

1.            This service is required for day-to-day operation of the ICT provision for the Council.

 

2.            Extension of this contract aligns with the strategic vision in that it allows the Council to reduce/end consumption of the service without any financial penalties as IT Service Desk demand reduces, due to planned initiatives like Bi-borough tech bar and Bi-borough IT Service Management toolset deployment.


21/12/2018 - Extension of existing CityWest Homes cleaning and grounds maintenance contracts for the South and Central areas and interim award for cleaning, grounds maintenance and concierge services for the North and West areas ref: 978    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 21/12/2018

Effective from: 03/01/2019

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 and Customer Services approved the contract extensions to the preferred bidders for the period 7 December 2018 to 31 March 2019 in respect of block and estate cleaning and window cleaning (South and Central areas), grounds maintenance (South and Central areas) and housing and estate management to provide cleaning, grounds maintenance and concierge services only (North and West areas) for the costs as set out in the report.

 

Reasons for Decision 

 

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

2.         Cleaning and grounds maintenance, required to maintain the condition of the council’s housing stock and 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, 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.


17/12/2018 - Procurement Strategy for Healthy Families, Healthy Communities

Officer Report

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: 01/2019

Wards affected: (All Wards);

Lead officer: Gaynor Driscoll

Notice of decision: 17/12/2018

Anticipated restriction: Open  - view reasons

Explanation of anticipated restriction:
No documents


14/12/2018 - Update to the Tenancy Policy

Cabinet Member approval sought for updated tenancy policy.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 24/12/2018

Notice of decision: 14/12/2018

Anticipated restriction: Open


18/12/2018 - London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs. ref: 977    Recommendations Approved

Authority sought for use of London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs to improve the lighting and signing of Westminster streets

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 14/12/2018

Effective from: 18/12/2018

Decision:

Recommendation

 

The Cabinet Member for Environment and City Management agreed:

 

To recommend the adoption of the London Local Authority and Transport for London Act 2013 – Part 2 Section 4 Lighting Attachments and Street Signs to Full Council on 23rd January 2019.

 

To delegate to the Executive Director of City Management and Communities, the authority to exercise the functions bestowed by the legislation.

 

Reasons for Decision 

 

To enable the good management of the city’s highways.

 

Gaining Wayleaves for the attachment of street signs and lights was often very difficult to obtain, costly to administer, and took a considerable amount of time to implement; the use of the Act addresses these concerns. 

Wards affected: (All Wards);

Lead officer: Philip Robson


11/12/2018 - Award of the Bi-Borough Passenger Transport Service - Minibus Framework

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 11/01/2019

Lead officer: Melissa Caslake

Notice of decision: 11/12/2018


11/12/2018 - Knightsbridge Neighbourhood Plan ref: 975    Recommendations Approved

Approval required to 'make' the Knightsbridge Neighbourhood Plan following local referendum - giving it development plan status for the determination of planning applications within Knighstbridge Neighbourhood Area

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 11/12/2018

Effective from: 11/12/2018

Decision:

That the Knightsbridge Neighbourhood Plan be made part of the Statutory

Development Plan following the referendum held on 18 October 2018.

 

That the process followed in this case and which will be followed with regard to future neighbourhood plans be noted.

 

 

 

 

To meet the requirements of the Town and Country Planning Act 1990 (as amended), the Planning and Compulsory Purchase Act 2004, the Localism Act 2011, the Neighbourhood Planning Act 2017, and the Neighbourhood Planning (General) Regulations 2012 (as amended). 

 

Wards affected: Knightsbridge and Belgravia;

Lead officer: Sean Walsh


11/12/2018 - Re-procurement of the Domestic Violence and Refuge Service ref: 974    Recommendations Approved

Cabinet Member approval sought for re-procurement of the service.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 11/12/2018

Effective from: 19/12/2018

Decision:

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

 

2.            That the Cabinet Member for Housing and Customer Services approved the decision to award the contract to the preferred bidder as part of a competitive tender process as listed in Appendix 1 for the total sum set out in the reportfor the period 1st April 2019 to 31st March 2023.

 

Reasons for Decision 

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. This contract must be put onto a compliant contractual footing with clear start/expiry dates and provisions to extend that do not continue indefinitely.


11/10/2018 - The Draft House, West End Quay, South Wharf Road, London, W2 1LA ref: 973    Recommendations Approved

Decision Maker: Licensing Sub-Committee (1)

Made at meeting: 11/10/2018 - Licensing Sub-Committee (1)

Decision published: 11/12/2018

Effective from: 11/10/2018

Decision:

LICENSING SUB-COMMITTEE No. 1

Thursday 11th October 2018

 

Membership:            Councillor Angela Harvey (Chairman), Councillor Louise Hyams and Councillor Aziz Toki.

 

Legal Adviser:           Barry Panto

Committee Officer:   Toby Howes

Presenting Officer:   Michelle Steward

 

Relevant Representations:     Environmental Health, a Residents’ Association, a Right to Manage Company, 3 Ward Councillors, 2 corporate objections and 59 individual representations.

 

Present:  Anthony Lyons (Solicitor, representing the Applicant Company), Mark Elliott (Operations Manager, Applicant Company), Dave Nevitt (Environmental Health), Richard Brown (Solicitor, Citizens Advice Bureau, representing Michael Clarke, John Zamit and Paddington Waterways and Maida Vale Society), John Zamit (South East Bayswater Residents’ Association) and Paul Harrison (West End Quay Right to Manage Company).

 

 

The Draft House, West End Quay, South Wharf Road, London, W2 1LA (“The Premises”)

18/09700/LIPN

 

1.

Sale by retail of alcohol: On and off sales

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

 

Amendments to application advised at hearing:

 

None.

 

 

 

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

 

This was an application by Draft House Holding Ltd for a new premises licence to replace an existing premises licence. The application is for essentially the same hours of operation but does not include any regulated entertainment apart from the exhibition of films

 

Anthony Lyons (Solicitor, representing the Applicant Company) began by giving apologies for absence from James Brown, Retail Operations Director at BrewDog and director of Draft House Holdings Limited, who was away on business and had submitted a witness statement. Mr Lyons explained that BrewDog had acquired Draft House Holdings Limited in 2018, as both companies shared an appreciation for fine beers. BrewDog had acquired 13 sites this year, and in respect of this site, the conditions on its current premises licence did not fit the business model that BrewDog premises operated to. The Sub-Committee heard that the premises had previously operated as the Grand Union public house, which hosted DJs on Fridays and Saturdays until the terminal hour. Some internal refurbishments were due to take place on the premises. Mr Lyons stated that the Applicant Company had undertaken pre-application consultation and had extensive conversations with City Council officers. Many of the conditions proposed were as a result of recommendations made by officers, including some as a result of a meeting with Dave Nevitt from Environmental Health. It was not proposed to extend the hours of operation, however it appeared that some residents had misunderstood the Applicant Company’s intentions as they had commented that the Applicant Company was seeking to extend the hours in their representation. Mr Lyons stated that the only extension the Applicant Company was seeking was to be permitted to supply alcohol without it being ancillary to a table meal to customers in the external area up to 20:00 hours, rather than up to 17:00 as permitted on the current licence.

 

Mr Lyons referred Members to James Brown’s witness statement amending the sale and consumption of alcohol to 10:00 to 23:00 Monday to Saturday and 12:00 to 22:00 Sunday, in order to address residents’ concerns. The same hours would also apply to all other licensable activities. It was proposed that there be a 30 minutes dispersal period after these hours at which time the premises would close. Mr Lyons added that all the hours proposed were within core hours.

Furthermore, the Applicant Company was willing to reduce the terminal hour for licensable activities in the external area from 22:30 to 22:00, again to address residents’ concerns about possible noise nuisance later in the evening, which Mr Lyons asserted was a significant concession. Conditions were also proposed that all patrons in the external area were to be seated and be served by waiter/waitress service. The Sub-Committee noted that the external area was privately owned, but not by the Applicant Company. Mr Lyons stated that the capacity for the external area was for 112 seated persons and the proposed designated smoking area would be away from residential properties. He advised that only the Harbet Road entrance could be used for entry and egress after 22:00, with the front area closed.  Mr Lyons stated that there would be fixed notices on the external tables advising customers that consumption of alcohol could only be ancillary to a table meal after 20:00 and that the external area would close at 22:00.

 

Mr Lyons advised that a meeting had been arranged with residents once the representations had been received and this had taken place the previous week, with two residents in attendance. No residents had made telephone contact with the Applicant Company. Mr Lyons stated that the Applicant Company did care about residents and the local community and was also passionate about its product. The Applicant Company had lobbied for the use of 1/3 pint glasses and very low alcohol beer products were also available. The customers enjoyed appreciating high quality beer in a seated setting.  The premises was not located within a cumulative impact area and there had been no issues with the premises since BrewDog had acquired it, with no noise complaints received since.

 

Mark Elliott (Operations Manager, Applicant Company) was invited to address the Sub-Committee and he informed Members that tables and chairs in the external area would be stacked and rendered unusable from 22:00. He advised that he also oversaw BrewDog premises in Old Street and Tower Bridge locations in central London, where there was considerable social interaction with local residents. Mr Elliott advised that the BrewDog blueprint for 2019 was “Beer, community and people” and the Applicant Company played a significant role in promoting craft beer. There were some 78,000 beer enthusiasts who invested in the company and most sales were in 1/3 or 1/2 pint measures.

 

The Sub-Committee sought clarification in respect of off sales, including the use of growlers. In acknowledging that the premises was located in a residential area, it was suggested that during the hours that consumption of alcohol would not be ancillary to a table meal in the external area that this may increase the risk of noise. Clarification was also sought with regard to music on the premise and whether the ‘Beer Here’ neon sign on the front façade shown on the photographs still existed.

 

In reply to questions from Members, Mr Elliott advised that growlers would be used for off sales and that they could hold around a litre, however most off sales would consist of 330ml cans. Mr Lyons advised that there would be background music on the premises only and he contended that there was significantly louder music played at a nearby premises. He confirmed that the ‘Beer Here’ neon sign remained.

 

Barry Panto (Legal Adviser) sought the Applicant Company’s views in respect of re-wording proposed condition 24 as model condition 12 and to be further amended to read “No noise generated on the premises (including the external area), or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance, including the removal and stacking of furniture and barriers”. This was agreed by Mr Lyons on behalf of the applicant.

 

Dave Nevitt (Environmental Health) then addressed the Sub-Committee and advised that currently part of the internal ground floor area was used for vertical drinking, whilst in other areas the restaurant model condition 66 applied. He had met the Applicant Company twice and their application largely reflected what Environmental Health had recommended, including the proposed conditions. Mr Nevitt stated that the premises was of modern design and there was good acoustic integrity inside the premises and so he was not concerned about noise breakout from within. However, he had some concerns with regard to the use of the external tables and chairs, smoking area and dispersal of customers, especially as there were residential flats above the premises. The area did not have much background noise and so noise from the premises could be potentially more disturbing.

 

Mr Nevitt stated that the Applicant Company had been asked to address matters relating to the use and hours of the external area. He welcomed proposals for a designated smoking area and agreed that the Harbet Road area was the most appropriate location. In respect of dispersal, residents should be encouraged to exit the area via Praed Street. Mr Nevitt also welcomed the reduction in hours for licensable activities which were less than core hours, however the premises was generally busier earlier in the evening in any case. He felt that limiting consumption of alcohol up to 20:00 in the external area without it being ancillary to a table meal was acceptable, however he felt that further consideration needed to be given in respect of the number of external tables and chairs. He suggested that efforts be made to place as many external tables and chairs as possible under the overhang in order to protect resident from noise. Mr Nevitt felt that it may be possible to place around 50 to 60 covers under the overhang, which would represent around a 40% to 50 % reduction to the 120 covers mentioned by Mr Lyons.

 

Richard Brown (Solicitor, Citizens Advice Bureau, representing Michael Clarke, John Zamit and Paddington Waterways and Maida Vale Society) then addressed the Sub-Committee and confirmed that the Applicant Company had invited residents on 1 October for a meeting to take place on 4 October, which may explain why only two residents had been able to attend. There had been a number of objections from residents to the application, with many relating to the use of the external area and dispersal. These concerns were not taken into account during the pre-application stage because of when the representations had been received. Mr Brown felt that the amendments to the application did not properly address the concerns of residents, particularly in respect of noise from the external area earlier in the evening and residents were against extending the hours to which consumption of alcohol could take place in the external area without it being ancillary to table meal from 17:00 to 20:00. Amending this restriction would be more likely to harm residents through extending the hours of noise through drinks led activities. Mr Brown referred to residents’ representations which emphasised the importance of operators respecting the site they were located in and that it is not appropriate to alter a licence to fit a business model if this impacted upon residents.

 

In Mr Brown’s view, the premises was drinks led and there was no evidence of what the alcohol/food split was. The premises was located in a residential area and there were already issues in relation to noise from the premises at the moment, so relaxing the alcohol ancillary condition to the external area would only exacerbate this problem. Sound was also magnified by the surrounding tall buildings in the area. Mr Brown acknowledged the amendments to the application and the reduction in hours, however these did not go far enough to address residents’ concerns. In respect of the proposed total capacity of 355 persons, Mr Brown noted that there were only 200 covers inside the premises. There was also a condition on the existing licence that only permitted off sales of alcohol where it was supplied with take away food that was not proposed in this application.

 

Paul Harrison (West End Quay Right to Manage Company) then addressed the Sub-Committee and confirmed that he was speaking on behalf of Dr Gerald Higgs (West End Quay Right to Manage Company). Mr Harrison began by confirming that his company did not manage the commercial properties in the area and he then read out Mr Higgs’ written representation. Although the amendments to the application were welcomed, it was still felt that the application would lead to a more drinks led establishment and cause more noise disturbance in a largely residential area. Mr Harrison welcomed the proposals in respect of the designated smoking area and customer dispersal.

 

John Zamit (South East Bayswater Residents’ Association) was then invited to address the Sub-Committee and began by stating that he knew the area well. He had been approached during the pre-application stage and had advised the Applicant Company that residents would not be happy if the proposals were to  change the nature of the premises so that they would operate more like a public house. The reduction in hours to the original application were welcomed, however he felt that the premises would still operate more like a public house. He queried why a capacity of 112 persons for the external area was proposed, when there only appeared to be 86 external seats in the plans. Although planning permission for 112 external covers had been approved, this was only a 1 year permission and was due to expire in November 2018. Mr Zamit felt that there was a lack of clarity about precisely where the designated smoking area after 22:00 would be. He expressed concern about noise emanating from the premises when the doors were open and also about the possibility of vertical drinking in the external area, particularly in the summer months and he suggested that an appropriate condition be added to prevent this.

 

The Sub-Committee sought further clarification in respect of the capacity of the external area and how the area would be identified. Further details were requested on the entrance doors and clarification was sought on whether customers could smoke at the external tables and when did the gates to the basin of West End Quay close.

 

In reply, Mr Lyons stated that there were 82 covers in the external area in the plans. The front entrance included a lobby area and the fire doors would be closed. Customers would be permitted to smoke at the external tables up until 22:00, whilst those inside who wanted to smoke would go to an external area around the front of the premises before 22:00. Members noted that gates to the basin of West End Quay were closed by the time the premises was closed.

 

Upon further inspection of the plans, Mr Lyons acknowledged that there were 86 covers in the external area and he agreed on behalf of the Applicant Company that this be the total capacity for the external area.

 

Mr Panto then sought clarification as to the overall capacity of the premises. Mr Nevitt stated that he understood that the internal capacity was 215 persons, meaning that the total capacity was 301 persons when the external capacity was added.

 

At this point, Mr Brown referred to a previous decision letter for the premises from an application for a variation in 2013 which gave a total capacity for 250 persons, which suggested an internal capacity of 164 persons if the external capacity was 86. It was noted that the capacity figures had been erroneously omitted on the current premises licence.

 

Mr Lyons was invited to make his concluding remarks on behalf of the Applicant Company. Mr Lyons began by acknowledging that the intention was for the premises to operate as a craft beer establishment that also offered wines. The premises did not offer regulated entertainment such as live music, unlike other venues in the area. The Applicant Company had also gone to considerable lengths to address the concerns raised by residents and so Mr Lyons felt it was appropriate to grant the application as proposed.

 

The Sub-Committee granted the application, subject to the consumption of alcohol being ancillary to a table meal in both the internal (excluding the bar area as marked in the plans) and external areas from 19:30 Monday to Sunday and so proposed condition 11 was amended accordingly. In respect of the internal bar area, the Sub-Committee noted Mr Nevitt’s advice that there was no area clearly marked on the plans as such. Mr Zamit had then referred to an area that could be considered the internal bar area in the plans that he felt was acceptable, which Mr Lyons then confirmed on behalf of the Applicant Company as also being acceptable. In view of this, the Sub-Committee agreed to this constituting the internal bar area and advised that the plans be amended accordingly to reflect this. Proposed condition 22 was amended to include the words “The fire exit doors shall be closed at all times, except in the case of an emergency or to collect furniture and the barriers at the close of business.” This was amended as it was acknowledged that the Applicant Company needed use of the fire doors to pack away furniture and the barriers at close of business.

Proposed condition 24 was amended to model condition 12 and to include reference to the external area, as agreed by Mr Lyons on behalf of the Applicant Company during the course of the hearing. Proposed condition 40 was amended so that the total capacity be 250 persons for the premises at any one time, including a capacity of 86 persons to the external area that was agreed by Mr Lyons on behalf of the Applicant Company at the hearing.

 

The Sub-Committee added a condition stating that entry to and exit from the premises be from Harbet Road from 22:00 Monday to Sunday, as proposed by the Applicant Company in Mr Brown’s witness statement. Another condition added stated that there shall be no exhibition of any films in the external area. Model condition 62 was also added in respect of licensable activities not taking place under the new premises licence until the current premises licence has been surrendered.

 

In determining the application, the Sub-Committee noted the concerns of all the residents who had made representations and the wishes of the Applicant Company in making a balanced decision. The Sub-Committee noted that the premises was located in close proximity to residential properties, however the hours proposed were within core hours and the premises was not in a cumulative impact area. There had been careful consideration of the conditions and the Sub-Committee considered that the conditions agreed would assist the Applicant Company in upholding the promotion of the licensing objectives..

 

 

2.

Exhibition of Films: Indoors

 

 

Monday to Saturday: 10:00 to 23:00

Sunday: 12:00 to 22:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

3.

Hours premises are open to the public

 

 

Monday to Saturday: 10:00 to 23:30

Sunday: 12:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

 

 

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.          (1)     The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2)       In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

 

(a)       games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i)        drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b)       provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

 

(c)       provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

 

(d)       selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 

 (e)      dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

6.          (1)     The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2)       The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

 

(3)       The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)      a holographic mark, or

 (b)      an ultraviolet feature.

 

7.         The responsible person must ensure that—

(a)       where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)        beer or cider: ½ pint;          

            (ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

            (iii)       still wine in a glass: 125 ml;

 

(b)       these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

 

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

 

            A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

8(i)      A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

8(ii)     For the purposes of the condition set out in paragraph 8(i) above -

 

(a)       "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b)       "permitted price" is the price found by applying the formula -

 

P = D+(DxV)

 

Where -

           

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c)       "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(i)        the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)       "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)       "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii).   Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)     Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

  (2)     The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Additional Conditions

 

9.         Alcohol consumption in the external area (shown edged in blue on the plan attached to this licence) shall only be by patrons seated at tables.

           

10.      The service of alcohol for consumption in the external area shall be by way of waiter/waitress service.

 

11.      After 7.30pm, the sale by retail and consumption of alcohol in both the internal and external areas (excluding the bar area in the internal area shown hatched on the plan attached to this licence) must be ancillary to the provision of a table meal.

 

12.      In the external area, all licensable activities shall cease and the area shall cease to be used for drinking and/or dining at 10.00pm daily.

 

13.      Furniture in the external area shall be rendered unusable by 10.00pm and removed at close of business without causing any nuisance to residents.

 

14.      The external area shall be clearly delineated by barriers which must be removed by 10.00pm.

 

15.      After 10.00pm daily, a designated smoking area shall be provided on Harbet Road as shown on the plan attached to this licence.

 

16.      After 10.00pm daily, the number of patrons permitted to temporarily leave and then re-enter the premises shall be limited to 20 persons at any one time, and those persons shall not be permitted to take any beverages or food outside with them.

 

17.       After 10.00pm daily, entrance to and exit from the premises shall only be through the Harbet Road entrance.

 

18.      Substantial food and suitable beverages other than alcohol, including drinking water, shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

 

19.      All licensable activities shall be on the ground floor only.

 

20.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

21.       A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

22.       A daily log is to be maintained to ensure that any capacity limit set for the premises is recorded and can be properly monitored. Information regarding the capacity will be given to an authorised officer of a responsible authority on request.

 

23.      All entrance doors (including those on Harbet Road) are to be kept closed after 9pm, save for the immediate access and egress of persons and the fire exit doors shall be closed at all times, except in the case of an emergency or to collect furniture and the barriers at the close of business.

 

24.      No speakers shall be located in the entrance lobby area or to any external areas of the premises.

 

25.       There shall be no exhibition of any films in the external area.

 

26.      No noise generated on the premises (including the external area), or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance, including the removal and stacking of furniture and barriers.

 

27.      Notices will be prominently displayed at exits to the premises warning patrons of the proximity of residential premises, requesting the public to respect the needs of local residents and to leave the premises and the area quietly and in an orderly fashion.

 

28.      All refuse will be properly presented and placed on the street 30 minutes before any agreed collection time. Every endeavour will be made to prevent refuse being left on the street for more than 2.5 hours.

 

29.      No rubbish including bottles will be moved, removed or placed in outside areas between 11pm and 8am daily.

 

30.      No deliveries to the premises shall take place between 11pm and 8am daily.

 

31.      Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties (save insofar as they are necessary for the prevention of crime).

 

32.      No super-strength beers, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold for consumption off the premises, except for premium beers and ciders.

 

33.       All off sales of alcohol are to be in sealed containers only and for consumption off the premises only (save for consumption in the delineated external area).

 

34.       Open containers of alcohol shall not be permitted to be taken beyond the boundary of the external area.

 

35.      All SIA registered door staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests.

 

36.      SIA licences worn by SIA registered door staff shall be clearly displayed and visible at all times.

 

37.      A daily door supervisor log shall be correctly maintained at the premises and signed at the end of each day by the duty manager. This will include: the print name of the door supervisor, badge number, expiry date of SIA licence and the signature of the door supervisor.

 

38.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

39.      There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.

 

40.      A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS hologram.

 

41.      An incident log shall be kept at the premises, and made available on request to an authorised office of the council or police, which will record the following:

 

(i)        All crimes reported to the venue

(ii)        All ejections of patrons

(iii)       Any complaints received concerning crime and disorder

(iv)      Any incidents of disorder

(v)       All seizures of drugs or offensive weapons

(vi)      Any faults in the CCTV system or searching equipment or scanning equipment

(vii)      Any refusal of the sale of alcohol

(viii)     Any visit by a relevant authority or emergency service

 

42.      The DPS, or another representative of the premises licence holder, shall join and maintain membership of the local pubwatch or other local crime reduction scheme approved by the police, and local radio scheme, if available.

 

43.      The maximum number of persons accommodated at the premises at any one time, excluding staff (including internal and external areas) shall be 250. The maximum capacity of the external area shall be 86 persons (excluding staff).

 

44.      A Smoking Policy and Dispersal Policy will be implemented and adhered to, copies of which will be retained at the premises and produced for immediate inspection by the police or an authorised officer of the Council.

 

45.       No licensable activities shall take place at the premises until premises licence 18/005550/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

 

 

Wards affected: Hyde Park;


11/12/2018 - Rating Advisory Panel 13.11.2018 ref: 972    Recommendations Approved

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 11/12/2018

Effective from: 11/12/2018

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 13 November 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

Wards affected: (All Wards);

Lead officer: Susan Bush


07/12/2018 - Oxford Street District - Place Strategy and Delivery Plan    Recommendations Approved

Update post consultation with the results from the consultation, recommended changes to the strategy and the updated strategy provided seeking approval to deliver it.

Decision Maker: Cabinet

Decision due date: 25/02/2019

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

Lead officer: Susanne Afra

Notice of decision: 07/12/2018

Anticipated restriction: Open


07/12/2018 - Parental Policies review ref: 970    Recommendations Approved (subject to call-in)

Review of the Council's policies relating to maternity, paternity, adoption and shared parental leave and pay.

Decision Maker: Leader of the Council

Decision published: 07/12/2018

Effective from: 07/12/2018

Decision:

That the Leader of the Council agreed:

 

1.    to enhance the maternity pay to 26 weeks full pay, followed by 26 weeks half pay.

 

2.    to make the new pay allowance available under the Shared Parental Leave policy so that partners can also access it.

 

3.    that parents of babies born at or before 37 weeks be entitled to receive an extra week’s leave and pay for every week their premature baby spends in hospital before their due date as part of the ‘Smallest Things’ campaign.

 

4.    All employees will be entitled to reasonable, fully paid time off for antenatal care, pre-adoption and adoption order interviews.

 

5.    that the scheme be launched on 1 January 2019 and be backdated to 1 April 2018.

 

6.    that backdating will apply to current employees only and will ensure those that have recently returned from maternity leave are included.

 

Reasons for Decision

 

This proposal improves the levels of benefits and pay for parents on maternity/parental leave.

 

In line with our diversity agenda, this benefit would be made available to all employees regardless of their gender. The enhanced pay allowance will be available under the adoption leave and shared parental leave schemes.

 

Wards affected: (All Wards);

Lead officer: Giorgia Fiorillo


07/12/2018 - Electric Vehicle Charging Infrastructure Strategy ref: 969    Recommendations Approved

The council's strategy to inform the provision of Electric Vehicle Charging Infrastructure on the public highway.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 07/12/2018

Effective from: 07/12/2018

Decision:

Recommendations

That the Cabinet Member for Environment and City Management approved:

That this report be open for general release.

 

          The proposal for expansion of Electric Vehicle Charing Points (EVCPs) to provide more varied charging opportunities to drivers.

 

          That the following contracts award strategy be approved to increase the number of charge points on the public highway:

 

·         To utilise the GULCS framework to issue a direct award to provide principally lamp column trickle charge points to residents

·         To utilise the TfL framework to run mini competitions to further transition rest and refreshment taxi ranks in the City and also to deliver a number of publically available rapid chargers alongside dedicated EV only bays

·         To utilise the varied Pan London Scheme Agreement with BPL to expand the number 7kW fast chargers and to introduce 22kW fast chargers on to the City highway        

 

 

Reasons for Decision 

The increasing number of EVs operating in Westminster, notably the increase in EVs driven by residents, as well as commercial vehicles, it is essential that sufficient charging infrastructure is in place to meet demand.  In addition, and considering the lack of off street parking available in the City, an increase in charging infrastructure will give more driver confidence in making the transition away from Internal Combustion Engine (ICE) vehicles, which will have a positive impact on air quality in the City.  This corresponds with the commitments made to EV charging infrastructure growth set out in the City Council’s Air Quality Manifesto published in March 2018. 

 

The proposal sought to provide a route for expansion on the available Electric Vehicle Charge Points (EVCP) in the City.  

 

Wards affected: (All Wards);

Lead officer: Philip Robson


06/12/2018 - Petition: Lillington and Longmoore Gardens Estate

Cabinet Member report response to petition.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 14/12/2018

Notice of decision: 06/12/2018

Anticipated restriction: Open


05/12/2018 - Discretionary Housing Payment Review Advisory Panel: (04.12.2018) Determination of Discretionary Housing Payment Review Applications ref: 968    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/12/2018

Effective from: 05/12/2018

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 December 2018.

 

Reasons for Decision 

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


10/12/2018 - National Code of Practice - Well Managed Highway Infrastructure ref: 971    Recommendations Approved

The City Council along with other Highway Authorities across the country will adopt the recently released National Code of Practice Well Managed Highway Infrastructure Assets as an example of best practice. The Cabinet Member report will provide details and practices of how Westminster comply with code, the report will seek endorsement of the council approach.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 04/12/2018

Effective from: 10/12/2018

Decision:

The Cabinet Member for Environment & City Management approved the updated Highways Infrastructure Asset Management (HIAMP) and Maintenance Management Plan (MMP), these being the two documents which detail how the council is adopting a risk based approach towards maintaining the highway network as recommended by the Well Managed Highway Infrastructure code of practice.

 

As a Highway Authority, the City Council has certain legal obligations it must meet to ensure the highway network is safe and fit for purpose. From time to time, these obligations may become the subject of claims for loss for personal injury or legal action by those seeking to establish non-compliance. Demonstrating that the City Council maintains the public highway in accordance with the WMHI code is essential to be able to counter such claims.

The new code has provided an opportunity for the council to review its highway maintenance practices and processes and not be bound by the prescriptive recommendations of the old codes. The new code therefore allows the council to align its service levels more closely to Westminster’s corporate objectives and requirements and provide a more tailored service which meets local needs where those needs are identified and supported by robust evidence gathering and analysis.

Adopting an evidence based approach to maintaining the council’s highway infrastructure, not only feeds into taking a risk based approach which is the corner stone of the new WMHI code, but also provides an opportunity to deliver efficiencies e.g. provide an inspection frequency on need rather than prescription in the medium to long term.

 

Wards affected: (All Wards);

Lead officer: Andy Foster


30/11/2018 - Supply and Allocation of Social Housing 2018/19 ref: 967    Recommendations Approved

This annual report reviews the demand for and supply of affordable housing and low-cost home ownership in and considers supply and demand projections for 2018/19.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 30/11/2018

Effective from: 08/12/2018

Decision:

1.            That the Cabinet Member for Housing and Customer Services noted the projected supply and proposed allocation of rented housing, as discussed in paragraph 3.1 of the report and set out in Appendices A, B and B1 of the report.

 

2.            Intermediate Allocations Priorities

 

That in order to enable current Intermediate Renting (IMR) tenants to move to more suitable IMR properties and to prioritise people living and working in Westminster for IMR, the Cabinet Member for Housing and Customer Services agreed that the priorities for allocating intermediate housing are amended so that:

 

a)        Existing Intermediate Renting (IMR) tenants in Westminster living currently in shared IMR accommodation into which the Council has nomination rights will be eligible to bid for self-contained IMR properties

b)        Existing IMR tenants in Westminster who are living currently in shared IMR accommodation and are overcrowded will be eligible to bid for larger IMR accommodation

c)         Westminster households who currently live and work in Westminster will have higher priority for intermediate housing opportunities in the City (IMR and Shared Ownership) over those that only live in the borough and work outside or only work in the borough.

d)        The updated priority table, set out in paragraph 5.1 is approved

 

Intermediate Tenancy Renewals

 

e)        That the Cabinet Member for Housing and Customer Services agreed that IMR tenants who are living in a scheme which does not include a linked initiative leading onto home ownership, (e.g. is not part of a savings plan such as that operated by Westminster Community Homes or the Westminster Home Ownership Accelerator operated by Dolphin Square Foundation) should be able to have their tenancy period renewed for a further period on the condition that the household continues to be eligible for intermediate housing in Westminster.

 

f)          That the Cabinet Member for Housing and Customer Services agreed that households who are currently living in an Intermediate Scheme and do not have their tenancies renewed for that specific scheme due to the lettings policy of the particular landlord in question or as a condition of planning, but remain eligible for Intermediate Housing, are able to apply for alternative Intermediate Housing from 6 months before their tenancy is due to end and note that this would not apply to: Households whose tenancy was not being renewed for reasons of Anti-social behaviour or rent arrears, and; Households approaching the end of their original tenancy period and who remain eligible to have the tenancy extended are not able to bid for other intermediate rented properties.

 

3.            Homeless Reduction Act

 

a)    That the Cabinet Member for Housing and Customer Services agreed to changes, as approved by Counsel, to the Housing Allocations Scheme, in order to meet the requirements of the Act are continued.

 

b)    That the Cabinet Member for Housing and Customer Services noted that the Homeless Reduction Act has been in force since 3rd April 2018 and changes how the Council helps people or households who are or may become homeless and that the Council worked to put new arrangements in place for when the new law came into force.

 

4.       Tenancy Strategy and Tenancy Policy: charging higher rents for higher earners  

 

a)    That the Cabinet Member for Housing and Customer Services noted that the Council’s Tenancy Strategy, published in 2012, supports the principle of higher rents for higher earning social housing tenants and sets out some preferred principles for a scheme.

 

b)    That the Cabinet Member for Housing and Customer Services noted that both the Tenancy Strategy and Tenancy Policy sections relating to higher rents would need to be reviewed and updated, as at the time of their development government was planning to introduce a national Pay to Stay scheme for all social housing tenants.

 

c)    That the Cabinet Member for Housing and Customer Services agreed that the Council does not introduce its local scheme in 2019 for flexible/fixed term tenants and removes the references to rent increases in Section 9 of its Tenancy Strategy and removes paragraphs 8.3 – 8.8 of its Tenancy Policy; and noted that: the reasons for this are that a full review of the Tenancy Strategy and Policy is planned, now the recently published Green Paper has highlighted that the government does not now propose to implement the provisions of the Housing and Planning Act 2015 to make fixed term tenancies mandatory for local authority tenants;In addition analysis shows that it is unlikely that many households would be impacted by the current scheme and income levels would be low after costs.

 

5.            Local Lettings Plans: Infill Programme          

 

a)    That the Cabinet Member for Housing and Customer Services noted that the 2017/18 Supply and Allocations report agreed that in order to promote the benefits of potentially disruptive development to existing communities and to encourage local resident support it, that for each new infill housing development a local lettings plan (LLP) be developed that prioritises meeting local housing need in line with the Council’s Housing Allocations Policy.

 

b)    That the Cabinet Member for Housing and Customer Services agreed that approval of each Local Lettings Infill Scheme plan be delegated to the Director of Housing and Regeneration in consultation with the Cabinet Member.

 

c)    That the Cabinet Member for Housing and Customer Service noted that when being developed, each plan will follow the key principles below:

 

·           The extent of the boundary of the LLP are the streets within the estates directly affected by the development as defined on a case by case basis

·           The LLP applies to both new social housing and intermediate housing

·           The LLP is applicable to people who have lived within the boundary for 12 months

·           First priority for the new social housing is to households registered with City West Homes for transfers from their current homeswith properties then allocated in line with priorities within the Allocations Scheme

·           Second priority for the new social housing is to anyone else on the Housing Register and this includes homeless households

·           Where social housing properties remain unlet through the above, then they are allocated following the Allocations Scheme

·           Any intermediate housing developed will be let in line with the current priorities for intermediate housing, although those who are working within the boundary who are not residents, will be excluded from the LLP

 

d)    That the Cabinet Member for Housing and Customer Services agreed that, in consultation with the Director of Housing and Regeneration, that delegated authority be given to the Director of Housing and Regeneration to use discretion when applying these principles to individual Local Lettings Plans and once developed the LLP will be shared through the local development newsletters. 

 

6.            Local Lettings Plans: Regeneration Areas

 

a)    That the Cabinet Member for Housing and Customer Services noted that Local Lettings Plans will be required for all regeneration areas and agreed that approval of each Local Lettings Regeneration Area plan be delegated to the Director of Housing and Regeneration, in consultation with the relevant Cabinet Member following consultation with the local community.

 

b)    That the Cabinet Member for Housing and Customer Services noted that when developing the LLP, the following principles will be proposed:

 

·           The boundary of the LLP is generally the master plan area but some flexibility can be applied on a site by site basis

·           The LLP is applicable to people who have lived within the boundary for 12 months

·           First priority for the new social housing will be for previous social housing tenants who had to move away to enable the regeneration scheme to take place and are now returning

·           Second priority for the new social housing is for households whose homes are being demolished in later phases

·           Third priority for the social housing will be for those registered with City West Homes for a transfer

·            Fourth priority for the social housing will be for anyone else in the LLP area in line with the Allocations Scheme

·           Any intermediate housing will be included and allocated in line with current priorities although those who are working within the boundary who are not residents, will be excluded from the LLP

·            The LLP will also set out how homes for resident leaseholders who are returning to the area are to be allocated.

 

c)    That the Cabinet Member for Housing and Customer Services agreed that in consultation with the Director of Housing and Regeneration, to delegate authority to the Director of Housing and Regeneration to use discretion when applying these principles to individual Local Lettings Plans.

 

7.            That in line with the above process, the Cabinet Member for Housing and Customer Services agreed that a Local Lettings Plan be developed for consultation for the new housing being developed at Tollgate for consultation, with the Director of Housing and Regeneration approving the final LLP in consultation with the Cabinet Member.

 

8.            Review of the homelessness policy framework

 

a)    That the Cabinet Member for Housing and Customer Services noted that the review of the Private Rented Sector Offers, Accommodation Placement and Accommodation Procurement Policies found that they are considered to still provide a robust framework to meet their objectives.

 

b)    That the Cabinet Member for Housing and Customer Services agreed that minor changes be made to the Accommodation Procurement Policy to: update the annual Action Plan, update the figures and to update some of the wording so the Policy better reflects market conditions; The reference to Universal Credit as a key cost pressure for TA is also updated.

 

9.         Tenancy Strategy and Policy Update: Lifetime tenancies

 

That In line with new legislation, the Cabinet Member for Housing and Customer Services agreed that the Secure Tenancy section of the Tenancy Policy is updated to provide security of tenure to tenants who have had to move home as a result of domestic abuse, so secure tenancies will be granted to: 

 

Any existing secure or assured tenant, that has to move home due to domestic abuse. This would also apply to a sole tenant that had lost their security of tenure by leaving the home due to domestic abuse, or to a joint tenant, where security of tenure had been lost by the tenancy being terminated. In all these circumstances, the City Council would need to be satisfied that the domestic abuse had taken place.  

 

10.         That the Cabinet Member for Housing and Customer Services agreed that the Tenancy Strategy be updated to make clear that the Council supports lifetime tenancies in these circumstances. 

 

Reasons for Decision 

The proposals contained in this report set out the issues related to the development of allocation projections for social housing for 2018/19 to meet the Council’s statutory obligations, meet the varying demands for social housing and to reduce the numbers of people living in Temporary Accommodation who are waiting for social housing.

Wards affected: (All Wards);

Lead officer: Greg Roberts


12/12/2018 - Westminster Community Infrastructure Levy (CIL) - Project Allocations ref: 976    Recommendations Approved

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.

Decision Maker: Cabinet CIL Committee

Decision published: 27/11/2018

Effective from: 20/12/2018

Decision:

Recommendations

 

The Cabinet CIL Committee is asked to:

 

Approve the expenditure of £3.262m 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)           Church Street Triangle

(ii)          Sayers Croft Climbing Tower

(iii)         Great Western Road Public Realm

(iv)         St. Martin’s Lane Public Realm

(v)          St. Clement Danes School Public Realm

(vi)         St. Augustine’s High School Public Realm

(vii)       Halcyon International London School Public Realm

(viii)      QEII Jubilee School Cycle Storage

(ix)         Soho Dropped Kerbs

(x)          Maida Vale/ Elgin Avenue Junction Improvements

(xi)         Bessborough Street Subway Works

(xii)       George Eliot and Beachcroft Schools MUGA

 

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

Consider and approve the governance proposals for the neighbourhood portion of CIL as set out in Section 7 of this 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.

 

Wards affected: (All Wards);

Lead officer: Michael Clarkson


26/11/2018 - Tenant Policy for Housing Renewal Areas

The updated policy will replace the one published in 2015 and will set out the rehousing options, financial compensation and general support for Council tenants where the Council wants to acquire their properties to enable housing renewal to go ahead.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 26/12/2018

Notice of decision: 26/11/2018

Anticipated restriction: Open


23/11/2018 - Queensway Public Realm - Next Steps ref: 966    Recommendations Approved

Approval for the capital expenditure to be released to proceed to Stage 3 design, for the capital expenditure to be released to implement footway changes on the west side of Queensway from Bayswater Station to Moscow Road ahead of the TMO, and to proceed with the TMO consultation for the proposed changes to kerbside management and parking

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 23/11/2018

Effective from: 01/12/2018

Decision:

That the Cabinet Member for Place Shaping and Planning and the Cabinet Member for Environment and City Management approve the development of the concept design identified in this report, Appendix 1.

That the Cabinet Member for Place Shaping and Planning and the Cabinet Member for Environment and City Management approve capital expenditure in the sum of £1,860,927 to develop the design to Stage 3 and implement public realm works on the west side of Queensway between no 73 (currently Sainsbury’s) to Porchester Gardens ahead of the TMO.

That the Cabinet Member for Environment and City Management approves the commencement of the Traffic Management Order (TMO) consultations for the proposed changes to the kerbside management and parking.

 

In the wake of strong competition from and close proximity to the West End and Westfield, Queensway as a retail centre has somewhat suffered and cannot compete with these major retail hubs.  The City Council agreed that action was needed to ensure Queensway’s future as one of Westminster’s major retail centres and to work closely with the key stakeholders on the initial development of a concept design for the street. The City Council ran a public consultation in 2014 to understand what level of support there was to look to radically improve the public realm to support the investment being made by the landowners.  Local stakeholders were generally supportive of the concept design and the reduction of the car parking. 

To date £4.851million is being secured through the Council’s Capital Programme, CIL and landowner contributions to support the implementation programme for the final approved public realm scheme for Queensway.  There is a further potential £8.6million through S106 agreements linked to commencement of developments. 

If Queensway is to remain a major retail centre, investment in the public realm is required to complement the investment being made by local landowners.  Together this should help to attract interest from new retailers and restauranteurs and ensure that the offer appeals to the local residential community, as well as those that work or visit and stay in the area.

 

Wards affected: Bayswater; Lancaster Gate;

Lead officer: Rebecca Cloke


20/11/2018 - Annual Report of the Safeguarding Adults Executive Board    Recommendations Approved

Decision Maker: Cabinet

Decision due date: 10/12/2018

Wards affected: (All Wards);

Lead officer: Bernie Flaherty

Notice of decision: 20/11/2018

Anticipated restriction: Open


19/11/2018 - Treasury Management Strategy Mid-Year Review 2018-19    Recommendations Approved

This report forms part of the monitoring of the treasury function as recommended in the Chartered Institute of Public Finance and Accountancy’s (CIPFA) Treasury Management Code of Practice. It reviews the implementation of the strategy to date and allows for any changes to be made depending on market conditions.


Decision Maker: Cabinet

Decision due date: 10/12/2018

Wards affected: (All Wards);

Lead officer: Phil Triggs

Notice of decision: 19/11/2018

Anticipated restriction: Open


15/11/2018 - Extension of an Existing Contract with CLCH

Extension of an existing contract with CLCH for meeting the health outcomes of adults with Learning Disabilities eligible for ASC. 

Decision Maker: Cabinet Member for Family Services and Public Health

Decision due date: Before 31/12/2018

Wards affected: (All Wards);

Lead officer: Anna Waterman

Notice of decision: 15/11/2018


15/11/2018 - Council Tax Discounts (including Council Tax Reduction scheme) and Council Tax Base report

Annual report setting the levels of Council Tax discount, the Council Tax Reduction scheme and Council Tax Base for the forthcoming financial year

Decision Maker: Cabinet

Decision due date: 10/12/2018

Wards affected: (All Wards);

Lead officer: Martin Hinckley

Notice of decision: 15/11/2018

Anticipated restriction: Open


13/11/2018 - S147 Gloucester Terrace - Contract Award approval

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 11/12/2018

Notice of decision: 13/11/2018

Anticipated restriction: Fully exempt  - view reasons


13/11/2018 - Lisson Grove Programme Interim Update

Update on Lisson Grove Programme.

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

Decision due date: Not before 10/12/2018

Notice of decision: 13/11/2018

Anticipated restriction: Fully exempt  - view reasons


12/11/2018 - Westminster City Plan - Consultation on Publication Draft ref: 961    Recommendations Approved

This report seeks a decision on whether to proceed to consultation on the 'publication' draft of the Westminster City Plan Full Revision, and all accompanying documentation, in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 12/11/2018

Effective from: 12/11/2018

Decision:

Summary of Decision

 

That the proposed documents for publication for informal consultation, attached as Appendices 1 and 2 of the report: 1. The draft City Plan 2019 – 2040 and 2. Revised Policies Map be approved.

 

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: Nina Miles


12/11/2018 - West End Gate - Affordable Units Acquisition ref: 960    Recommendations Approved

Cabinet Member approval sought for affordable units acquisition.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/11/2018

Effective from: 20/11/2018

Decision:

1.            That the Cabinet Member for Finance, Property and Regeneration approved the acquisition of 130 affordable units at West End Gate for £32.0m.

 

2.            That the Cabinet Member for Finance, Property and Regeneration approved the bringing forward £13.0m of budget into 2018/19 in order to make the initial golden brick payment and noted that based on current levels of forecast expenditure and capital receipts, this will require additional borrowing of £13.0m in 2018/19.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted that an additional £7.1m of overall funding was required, financed through the increased Capital receipt on Cosway Street (£2.1m) and that there would be a £1m per annum reduction for five years on the Self-financing scheme.

 

Reasons for Decision 

 

Westminster City Council specifically require additional social rent homes and intermediate homes to facilitate the regeneration of Church Street and rehouse overcrowded families in Parsons House North, Little Venice. The availability of homes for re-housing tenants and leaseholders is a key factor in WCC’s ability to deliver the planned regeneration scheme in Church Street. The affordable units at West End Gate will provide an excellent ‘local’ offer for residents in Church street and therefore should greatly assist decant negotiations and provide greater certainty around deliverability, costs and timescales. Without these units, WCC may find other re-housing options difficult to locate and acquire and may end up costing considerably more, as well as other potential cost implications of delays to the project if vacant possession cannot be secured at Church Street.


07/11/2018 - Arboricultural Services Contract ref: 959    Recommendations Approved

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 07/11/2018

Effective from: 15/11/2018

Decision:

That the report 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.

 

That the Council’s Arboricultural Services Contract be awarded on the terms set out in the report.

 

Reasons for Decision 

 

The Council has a duty of care to prevent or minimise the risk of injury or damage to property and person caused by tree failure. This duty arises from the following legislation:

               

·         Occupiers’ Liability Act (1957 and 1984).

·         Health and Safety at Work Act  (1974)

·         Highways Act (1980)

·         Common Law liability of Negligence and Nuisance

 

Lead officer: Stuart Reilly


05/11/2018 - Rating Advisory Panel 23.10.2018 ref: 957    Recommendations Approved

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/11/2018

Effective from: 05/11/2018

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 23 October 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

Wards affected: (All Wards);

Lead officer: Susan Bush


05/11/2018 - National Non-Domestic Rates Discretionary and Hardship Relief Applications (25.09.2018) ref: 956    Recommendations Approved

Cabinet Member approval sought for recommendations of the Rating Panel held on 25 September 2018 in respect of National Non-Domestic Rates Discretionary and Hardship Relief Applications.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 05/11/2018

Effective from: 05/11/2018

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 25 September 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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

 

Wards affected: (All Wards);

Lead officer: Karen Way


31/10/2018 - Rating Advisory Panel 22.1.2019

Determination of NNDR Discretionary and Hardship Relief Applications

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 05/02/2019

Wards affected: (All Wards);

Lead officer: Susan Bush

Notice of decision: 31/10/2018

Anticipated restriction: Part exempt  - view reasons


26/10/2018 - Oxford Street District - Place Strategy and Delivery Plan ref: 955    Recommendations Approved

Draft Place Strategy and Delivery Plan developed for the Oxford Street District. The request is for Cabinet to endorse the draft and to approve that it goes to public consultation.

Decision Maker: Cabinet

Decision published: 26/10/2018

Effective from: 26/10/2018

Decision:

1.       That Cabinet endorsed the draft Place Strategy and Delivery Plan for public consultation commencing on 6th November.

 

2.       That Cabinet agreed to delegate authority to the Executive Director of Growth, Planning and Housing and the Director of Place Shaping and West End Partnership to approve the final public consultation materials for approval by the Cabinet Member for Place Shaping and Planning.

 

3.       That Cabinet approved expenditure of up to £2.5m for the development of the strategy and the project as outlined in section 8 of the report.  This will be funded via an Oxford Street/West End budget as per the Capital Strategy approved by Full Council in March 2018. 

 

4.       That Cabinet approved the re-profiling of the existing Oxford Street/West End budget of £2.5m from 2019/20 into 2018/19.

 

 

1.       The Council believes that the District would benefit from adopting a place-based approach to determine how to deal with the current and future opportunities and issues. Owing to the complexities of the District, a more responsive approach to developing a range of solutions across the area needs to be adopted. The Council supports the need for a mixed use District and one that places strong emphasis on the amenity of its local residential communities. All this is essential if the District is to continue to thrive. The Council has now developed a draft Place Strategy and Delivery Plan for the Oxford Street District.

 

2.       The Council’s commitment to the Oxford Street District is to create a long term and ambitious vision for the whole of the District that will strengthen its world-renowned status as a great place to live, work and visit.  Its strategy will support the ambition and respond to the big challenges that the District faces, including: a rapidly evolving retail environment; a place that can cater to a greater numbers of people; providing more attractions; and for Oxford Street to be a better neighbour to the wider district. In the wake of strong competition from retail hubs like Westfield; online shopping; increased business rates; Brexit; and interest rates, the retailers and businesses in the district are finding the trading environment very challenging. 

 

3.       The Council will take responsibility for delivering an ambitious set of projects that are affordable but also help to bring about a significant change that will help to counter some of the external factors that the District currently faces. The Council recognises that investment in the District is required in order to retain its status as the nation’s high street and a world-renowned destination for domestic and international visitors.  It is also essential that investment helps to improve the liveability of the district and provide a greater amenity for our residents. On 7th November 2018, Full Council will be asked to approve the Council’s Capital Strategy including allocation of £150 million towards the delivery of the final adopted Place Strategy and Delivery Plan.  Additional funding to support the delivery of the final projects listed in the draft Place Strategy will be required from other external sources. The coherent and district wide programme will ensure that Oxford Street District strengthens its reputation.

 

4.       The Policy context relating to this report include the Council’s City for All and City Plan policies. The draft Place Strategy reflect these policies and will contribute to delivering these over the lifetime of the project. See appendix 2 for the policies and how the Place Strategy will deliver these.

 

Lead officer: Susanne Afra


26/10/2018 - Supply and Allocation of Social Housing Report 2019/20

This annual report reviews the demand for and supply of social rented housing and low-cost home ownership in and considers supply and demand projections for 2019/20.

Decision Maker: Cabinet Member for Housing Services

Decision due date: 20/03/2019

Wards affected: (All Wards);

Lead officer: Greg Roberts

Notice of decision: 26/10/2018

Anticipated restriction: Open


25/10/2018 - Planning Review ref: 962    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 25/10/2018 - Cabinet

Decision published: 25/10/2018

Effective from: 25/10/2018

Decision:

4.1     Councillor Richard Beddoe, Cabinet Member for Place Shaping and Planning, introduced the item. He referred to the fact that upon her election as Leader, Councillor Aiken implemented a comprehensive change to the management of the planning system in Westminster. He referred to the independent review of Westminster’s Development Management service undertaken by the Planning Advisory Service (PAS) and highlighted that it had concluded that the Council has a robust planning system, however, it is a reactive, development control led service. It also highlighted the fact that whilst the governance and decision making processes are robust, they are not seen as accessible by residents.  Councillor Beddoe stated that Westminster City Council needs to be more ambitious and proactive. The review further concluded that there is a need to improve engagement with residents and the wider community in the planning and decision-making process related to development in their area.

 

4.2     Councillor David Harvey advised that a number of applications in his ward could have been resolved much earlier if there had been more engagement with the community at a much earlier stage.

 

4.3     Stuart Love, Chief Executive, referred to the fact that the PAS review found no impropriety or failure to follow guidelines and protocols regarding hospitality. However, the practice of accepting hospitality from planning applicants was found to be excessive and unnecessary.  Stuart Love made it clear that it was not the case that all officers in the planning service accepted gifts and hospitality.  The Chief Executive advised that he had reviewed the guidance on gifts and hospitality together with the Director of Law and found it to be clear and robust.

 

4.4     The Leader commented that she had taken note of the views submitted by a number of amenity societies in the last few days on the proposed changes. She explained that the purpose of making changes to the management of the planning system in Westminster is to make the process more open and transparent. She considered that residents should have an opportunity to take a more proactive role at an earlier stage in the planning and decision-making process as well as the opportunity to make verbal representations at Planning Applications Sub-Committees.  She stated that this will require a significant culture change for staff and those externally who use the planning system. She considered that further work is required to understand how to best implement the new procedures and that views should be sought from all those with a stake in the planning system in Westminster, most notably residents. This was supported by Cabinet.

 

          RESOLVED: That Cabinet:

 

        1.         Endorsed the findings and recommendations of the report  submitted  by  the  Planning  Advisory  Service (PAS) and agreed to take the following steps to:

a)               Improve the openness and transparency of the planning system:

·         We will record Planning Sub-Committee meetings and make the coverage available post-meeting;

·         We will live stream Planning Sub-Committee meetings once an appropriate technological solution has been identified and sourced;

b)      Make it easier for residents to engage with the planning system:

·             We will introduce “public speaking rights” at Planning Sub-Committee meetings;

·             We will review all our digital content on the planning process and planning decisions, particularly that included on the council’s website to improve accessibility for the general public;

·             We will improve the way we explain planning policies and decisions to make them easier to understand.

2.        Agreed to support resident and ward Councillor participation at an earlier stage of the process, for example in the pre-application stage of major applications and to adopt a new approach to communicating and engaging their views in proposals.  Further details are to be presented to Cabinet following further engagement with stakeholders.

3.        Directed the Chief Executive, to present detailed plans to increase delegations and review the call-in procedures, in consultation with ward members as appropriate without the need for escalation to Sub-Committee, thereby speeding up the process.  The details of the revised delegation and call-in procedures to be developed in consultation with relevant stakeholders and presented to Cabinet prior to submission to the Planning and City Development Committee for approval. 

4.        Directed the Executive Director of Growth, Planning and Housing and the Executive Director of Policy, Performance and Communications to submit a joint report to Cabinet setting out the detailed proposals for the introduction of public speaking rights following stakeholder engagement for approval by the appropriate decision making body, to be determined in consultation with the Director of Law.

    5.         (a)    Directed the Chief Executive to restate to both officers and members their responsibilities in terms of the Council’s gifts and hospitality policies.  This will include emphasising the importance of exercising sound judgement in dealing with all offers of gifts and hospitality. Noted that in terms of the planning service, this will build on the guidance issued in February 2017 regarding Councillor meetings with developers on particular schemes. 

                (b)    Requested that the Chief Executive and Director of Law refine the wording in the paragraph below to reflect that this should apply to elected Members involved in the planning decision making process.  The revised text to be referred back to Cabinet at a later date

 

                        Council officers and elected members involved in the planning process must retain a distance from land owners, applicants, agents and community stakeholders, other than at formally arranged visits and recorded meetings linked directly and specifically to the consideration of planning applications, pre applications, or the development of the local plan.

 

          6.       Agreed to create a new Place-Shaping and Planning directorate which reflects the ambitious agenda set by the Leader and Cabinet to deliver a City for All, and for the new service to deliver the direction of travel which will be set out in the emerging City Plan.

 

          Reason for Decision 

1.     The Leader and Cabinet have set an ambitious agenda to change how the Council operates in a number of areas, including, but not limited to planning.

2.     The direction of travel is to shift away from a largely reactive and development management focused planning service towards a proactive and strategic approach, guided by the Council’s vision and priorities. This will require cultural change throughout the whole system.

3.     It will also mean that, should they wish to, residents and others will have the ability to take a clearer and more proactive role in the planning and decision making process related to development in their area. This includes Neighbourhood Forums, Amenity Societies and the general public.

4.     Work is ongoing to finalise the City Plan (the Council’s Statutory Local Plan) for public consultation in November 2018. The revised City Plan will be streamlined and place much greater emphasis on positive considerations about the type of development that is appropriate in Westminster. The service which implements this policy framework must therefore also be governed by the same principles.

5.     These recommendations are supported by the findings of the PAS report.

 

Wards affected: (All Wards);


16/10/2018 - Strategic Options for CityWest Homes ref: 952    Recommendations Approved

Cabinet approval sought concerning strategic options for CityWest Homes.

Decision Maker: Cabinet

Decision published: 17/10/2018

Effective from: 25/10/2018

Decision:

1.         That it be agreed that urgent steps be taken to return the housing management function outsourced to CityWest Homes (CWH) to the Council’s direct control, as follows:   

 

1.1      The Council will seek a mutual agreement with CWH to terminate the management agreement with effect from 1st April 2019; and

 

1.2      In case that mutual agreement cannot be reached then the Council will give unilateral notice to CWH to terminate the management agreement with effect from as soon as possible after 1st April 2019.

 

1.3      The Council will continue to engage with its tenants and leaseholders on the future provision of housing management services and how these services can improve.

 

1.4      In line with 1.3 above, the Council will undertake a review of the housing service provision and consult on a potential revised structure for the service with the aim of embedding a new culture centred on high performance and excellent customer service.  This will be in consultation with all relevant parties. 

 

1.5      That authority be delegated to the Executive Director, Growth, Planning and Housing to take all steps and to execute all documents required to achieve the above outcomes and in order to ensure the smooth transition of the transfer of housing services back in-house. 

 

1.6      That authority be delegated to the Executive Director, Growth, Planning and Housing to agree in respect of any contract to which CWH is a party and which the Executive Director considers could be of assistance to the council in delivery of the housing management services and performance of its relevant function, that such contact is novated to the council or held on trust for the benefit of the council and that any such novation or trust may be executed on behalf of the council by the Director of Law.

Reasons for Decision

 

1.      CWH has experienced serious and ongoing service problems in a number of key areas particularly repairs and maintenance, the contact centre and responses to complaints and other queries from residents and Councillors.

 

2.      It is in the best interests of tenants and leaseholders and in line with feedback from tenants and residents’ groups for the Council to seek a mutual agreement with CWH to terminate the management agreement with effect from 1st April 2019 and transfer housing services back in-house.

 

 

Wards affected: (All Wards);


12/10/2018 - Ebury Bridge Estate Renewal - Initial Report on Delivery Options    Recommendations Approved

To note the findings of the initial appraisal of delivery options for Ebury Bridge estate renewal

Decision Maker: Cabinet

Decision due date: 25/10/2018

Wards affected: Churchill;

Lead officer: Barbara Brownlee

Notice of decision: 12/10/2018

Anticipated restriction: Open


12/10/2018 - Contract Award for the Revenues and Benefits Service ref: 950    Recommendations Approved

Cabinet Member approval sought for contract award for the Revenue and Benefits Service.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 12/10/2018

Effective from: 20/10/2018

Decision:

1.         That the report be exempt from disclosure by virtue of the Local Government Act 1972, Schedule 12A Part 1, paragraph 3 (as amended) in that 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 award of a contract for the Revenues and Benefits Service to the preferred bidder for the total sum as detailed in the reportfor the period of 7 years from 1 November 2018 to 31 October 2025, with the option to extend for up to 3 additional years at a cost detailed in the reportand noted the total cost of the 10 year contract, if extended.

 

Reasons for Decision 

1.         The Council’s current Revenues and Benefits Service contracts expire on 31 October 2018 and the Council therefore has to procure a new contract.

2.         The recommended contract award is based on:

a)     A high quality tender response from the recommended tenderer, which received good technical evaluation scores.

b)    Financial savings above the MTP savings linked to the procurementfor 2018/19 and 2019/20.

c)    A range of service improvements that interlink with the Council’s Digital programme.


26/10/2018 - Adoption of the councils Statement of Principles for Gambling ref: 954    Recommendations Approved

Adoption of the councils amended Statement of Principles for Gambling as required by the Gambling Act 2005.

Decision Maker: Cabinet Member for Public Protection and Licensing

Decision published: 09/10/2018

Effective from: 26/10/2018

Decision:

Recommendations

The Cabinet Member agreed the draft Statement of Licensing Principle for Gambling.

 

The Cabinet Member agreed to recommend to full Council that the draft Statement of Licensing Principles for Gambling should be approved and published on 1st December 2018, and made effective from 31st January 2019.

 

Reasons for Decision 

 

The approval of this final draft of the Statement of Licensing Principles for Gambling and recommendation that it be approved for publication by Full Council will ensure that the Council meets its statutory requirements for adopting this statement.

 

Wards affected: (All Wards);

Lead officer: Kerry Simpkin


01/10/2018 - Recycling of Devices

Cabinet Member approval sought for recycling of devices.

Decision Maker: Cabinet Member for Housing Services

Decision due date: Not before 15/11/2018 Cabinet Member approval sought in releation to recycling of devic

Notice of decision: 01/10/2018

Anticipated restriction: Fully exempt  - view reasons


28/09/2018 - Oxford Street District - Place Strategy Delivery Plan Award of Contract

Award of contract for the design and build related to the Oxford Street District - Place Strategy and Delivery Plan.

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

Decision due date: 22/02/2019

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

Lead officer: Susanne Afra

Notice of decision: 28/09/2018

Anticipated restriction: Open


15/11/2018 - Oxford Street District - Procurement Strategy ref: 963    Recommendations Approved

Outline the proposed procurement strategy and seek approval to progress with the proposed strategy

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 28/09/2018

Effective from: 23/11/2018

Decision:

Recommendations

Formal approval was given to commence the procurement of a Design and Build Services Contract to deliver the Oxford Street District project.

Formal approval was given to change the price/quality contract evaluation ratio depending on the outcome of the soft market testing and in consultation with the Strategic Steering Group.

Reasons for Recommendations

 

That the Oxford Street District was in need of significant and wide reaching public realm improvements to underpin and support the delivery of the emerging draft Oxford Street District Place Strategy. This will ensure that a service provider are appointed to deliver the District Place Strategy following public consultation.

The potential variation to the price/quality evaluation split was recommended as this was a very high profile initiative requiring a greater emphasis on the quality of works.

 

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

Lead officer: Susanne Afra


26/09/2018 - Treasury Management Strategy Statement for 2019-2020 to 2023-2024    Recommendations Approved

The Annual Treasury Management Strategy Statement sets out the Council's Strategy for its treasury operation

Decision Maker: Cabinet

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Steven Mair

Notice of decision: 26/09/2018

Anticipated restriction: Open


26/09/2018 - Capital Strategy 2019-2020 to 2023-2024, forecast position for 2018-2019 and future years' forecasts summarised up to 2023-2033    Recommendations Approved

This report outlines the City Council’s Capital Strategy and proposed expenditure and income budgets from 2019/20 to 2023/24, forecast position for 2018/19 and future years’ forecasts summarised up to 2032/33. It outlines the proposed £2.521bn expenditure budget, funded by £0.309bn external funding, £0.426bn capital receipts with a £1.786bn net funding requirement from 2018/19 to 2032/33. Funding of the proposed programme, revenue implications, and risks and mitigations are detailed

Decision Maker: Cabinet

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Stephen Muldoon

Notice of decision: 26/09/2018

Anticipated restriction: Open


26/09/2018 - 2019-2020 Budget Proposals    Recommendations Approved

This report sets out the Council's budget proposals for the 2019-2020 financial year

Decision Maker: Cabinet

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Stephen Muldoon

Notice of decision: 26/09/2018

Anticipated restriction: Open


26/09/2018 - Integrated Investment Framework 2019-2020    Recommendations Approved

Implementation of an Integrated Investment Framework will influence investment decisions going forwards and deliver added value to Council services. This report identifies the potential for future improved returns

Decision Maker: Cabinet

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Steven Mair

Notice of decision: 26/09/2018

Anticipated restriction: Open


26/09/2018 - Housing Investment Strategy and Housing Revenue Account Business Plan 2019-2020    Recommendations Approved

To note the indicative HRA Capital budgets from 2019-2020 to 2023-2024 and Revenue budgets for 2019-2020

Decision Maker: Cabinet

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Daniel Peattie

Notice of decision: 26/09/2018

Anticipated restriction: Open


26/09/2018 - Increase in littering Penalties ref: 947    For Determination

Decision Maker: Cabinet Member for Public Protection and Licensing

Decision published: 26/09/2018

Effective from: 26/09/2018

Decision:

Recommendations

 

The Cabinet Member for Public Protection and Licensing approved the proposed increase in penalties issued for littering to £150 with a reduced early payment rate of £95.

 

Reasons for Decision 

 

  • The penalty range from 1st April 2018 cannot be lower than £50 and cannot be higher than £150. If the Local Authority does not specify the rate, it defaults to £100. From 1st April 2019, the lower rate increases from £50 to £65. There is also an opportunity to offer a lower rate for payment within a specified time frame
  • The current penalty for littering is £80. This is set at the highest level that the legislation allows.
  • Currently the level for all fixed penalties relating to environmental crime in Westminster is set at the highest level that the legislation allows.
  • To encourage early and increased level of payment for Environment crime Fixed Penalty Notices, Westminster currently offer a reduced early payment rate. This is set at approx.35%-40% lower than the higher rate if the Fixed Penalty is paid within 10 days

 

Wards affected: (All Wards);

Lead officer: Andy Ralph


10/07/2018 - Update on Oxford Street District Transformation ref: 912    Recommendations Approved

Update on Oxford Street District Transformation

Decision Maker: Cabinet

Decision published: 25/09/2018

Effective from: 10/07/2018

Decision:

That Cabinet

 

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

 

2.       Agreed the Governance outlined in the report;

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

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

 

Reasons for Decision

 

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

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

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

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

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

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

 

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

Lead officer: Deirdra Armsby


25/10/2018 - Oxford Street District - Phase 1 Works ref: 953    Recommendations Approved

The report outlines proposals for the implementation of a number of improvements to Oxford Street, Phase 1 of the Oxford Street District programme.

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 25/09/2018

Effective from: 31/10/2018

Decision:

Recommendations

 

The Cabinet Member for Environment and City Management and Cabinet Member for Place Shaping and Planning approved:

 

The proposed range of measures for Phase 1 of the Oxford Street District scheme as detailed in the report and set out in Appendix 1.

 

The expenditure of up to £3m to develop and implement the proposed works for Phase 1 from the Planned Preventative Maintenance capital budget.  Phase 2 of the Oxford Street District programme will be funded via the Council budget allocation within the capital programme.

 

The re-profiling and substitution of £3m within the current capital programme (for Stone Mastic Asphalt replacement works) for the works identified in the report.

 

Reasons for Decision

 

As set out in the Cabinet report of 9th July on the Oxford Street District – Project Approach, work on options to ensure a safe street and district prior to the opening of the Elizabeth Line have been developed. The required works are aimed at ensuring the street and district is able to support the increase forecast in passengers associated with the gradual impacts of the Elizabeth Line opening.

 

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

Lead officer: Susanne Afra


24/09/2018 - Discretionary Housing Payment Review Advisory Panel: (18.09.2018) Determination of Discretionary Housing Payment Review Applications ref: 946    Recommendations Approved

Cabinet Member approval sought for recommendations of the Panel held on 18 September 2018.

 

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 24/09/2018

Effective from: 24/09/2018

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 18 September 2018.

 

Reasons for Decision 

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


20/09/2018 - Council Tax, NNDR, Housing Benefit Overpayments and Former Client Rent Arrears - Irrecoverable Debt for Quarter 1 of 2018-19 ref: 945    Recommendations Approved

The losses arising from National Non-Domestic Rates (NNDR), Council Tax, Housing Benefit Overpayment and Former Client Rent arrears write-offs can be met from the provisions made in the accounts in previous years for irrecoverable debts and thus there will be no impact on the current year’s budgets.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 20/09/2018

Effective from: 28/09/2018

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 shown as set out in sections 5.1 and 6.1 of the report.

 

3.            That the Cabinet Member for Finance, Property and Regeneration noted the amounts shown in paragraphs 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.

 


19/09/2018 - Windows 10 Device Procurement, Provisioning and Support Services ref: 944    Recommendations Approved

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

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 19/09/2018

Effective from: 27/09/2018

Decision:

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

2.          That the Cabinet Member for Housing and Customer Services approved Officers to procure a contract for provision of laptop, desktop devices, peripherals and deployment services by varying the existing London ICT Framework Lot 1 Lot 1 Call-Off contract.

Reasons for Decision

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

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


11/09/2018 - Updated Leaseholder Policy for Housing Renewal Areas ref: 942    Recommendations Approved

Report sets out financial compensation and rehousing options for leaseholders in housing renewal areas where the council wants to acquire their properties in order to regeneration to go ahead.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 18/09/2018

Effective from: 22/09/2018

Decision:

1.         That the Cabinet Member for Finance, Property and Regeneration agreed the Policy for Leaseholders in Housing Renewal Areas August2018 as set out in Appendix B of the report and noted that it replaces the Policy for Leaseholders in Housing Renewal Areas (Updated January 2017).

 

2.         That the Cabinet Member for Finance, Property and Regeneration agreed that the Policy for Leaseholders in Housing Renewal Areas August 2018 as set out in Appendix B be applied to current and future designated housing renewal areas.

 

3.         That the Cabinet Member for Finance, Property and Regeneration delegated authority to the Director responsible for Regeneration, in conjunction with the Cabinet Member, to decide when the Policy should be implemented. 

 

4.         That in order to implement the Policy, the Cabinet Member for Finance, Property and Regeneration  delegated authority to the Director responsible for Regeneration, or any other person duly delegated by them, to enter into individual equity loan agreements with leaseholders, where it has been agreed they can buy one of the new build properties in one of the housing renewal areas with an equity loan.

 

5.         That in order to implement the Policy, the Cabinet Member for Finance, Property and Regeneration delegated authority to the  Director responsible for Regeneration, or any other person duly delegated by them, to enter into shared equity or shared ownership leases or arrangements with leaseholders, where it has been agreed they can buy one of the new build properties, in one of the housing renewal areas, on a shared equity basis, or as a shared owner.

 

Reasons for Decision 

 

1.            A Policy for Leaseholders in Housing Renewal Areas is needed in order to set out the Council’s rehousing offer to leaseholders in housing renewal areas, where their homes are identified for acquisition, as a result of housing renewal. Vacant possession of these properties is needed in order to proceed with the housing renewal programme.

 

2.            An updated Policy is needed, in order to take into account of the changing nature of the housing renewal programme, to respond to ongoing feedback from leaseholders about the current Policy and in light of the changing external policy environment.  

 


17/09/2018 - BT ICT Services Lot 1 and Lot 3 Contract Extension

Decision required to approve extension of contract for BT ICT Lot 1 and Lot 3 contract

Decision Maker: Cabinet Member for Digital and Customer Services

Decision due date: 15/10/2018

Wards affected: (All Wards);

Lead officer: Patrick Montgomery

Notice of decision: 17/09/2018

Anticipated restriction: Part exempt  - view reasons

Explanation of anticipated restriction:
Legal to confirm


13/09/2018 - Strand/Aldwych project - vision, objectives and next steps ref: 943    Recommendations Approved

Report seeking approval for the vision and objectives of the project and to proceed with consultation and next steps

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 13/09/2018

Effective from: 21/09/2018

Decision:

1.         Decision

 

1.1       That formal approval was given:

 

  • for the vision and objectives of the project
  • for the emerging concept design and its development to the next design stages
  • to undertake public consultation on the concept design

·         to proceed with Initial and Detailed Design following consultation

 

 

2.         Reason for Decision

 

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

 

Wards affected: St James's;

Lead officer: Rebecca Cloke


10/09/2018 - Ingestre Court - Fire Safety Measures ref: 941    Recommendations Approved

Cabinet Member approval sought

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 10/09/2018

Effective from: 18/09/2018

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 and Customer Services approved that costs be borne by Westminster City Council for a fire curtain to be installed in accordance with the residents’ choice to minimise disruption and increase speed of resolution.

 

Reasons for Decision

 

The works are being undertaken following a residents’ consultation on their preferred option.

 

Wards affected: West End;


04/09/2018 - Integrated Healthy Lifestyles Service Contract Award ref: 940    Recommendations Approved

Officer Report

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 04/09/2018

Effective from: 12/09/2018

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

 

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

 

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

 

REASONS FOR DECISION

 

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

·                Reducing health inequalities

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

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

·                Target specific groups to access services according to need

 

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

 

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

Wards affected: (All Wards);

Lead officer: Gaynor Driscoll


31/08/2018 - Westminster Community Infrastructure Levy (CIL) - Ward Councillor Proposals ref: 939    Recommendations Approved

To allocate funds from the Westminster Community Infrastructure Levy (CIL) to proposed infrastructure projects suggested to the Cabinet CIL Committee by Westminster Councillors.

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 31/08/2018

Effective from: 08/09/2018

Decision:

The Cabinet Member for Place Shaping and Planning:

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

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

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

Reasons for Decision

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

 

Wards affected: Knightsbridge and Belgravia; Lancaster Gate; Little Venice; Marylebone High Street; Westbourne;

Lead officer: Michael Clarkson


26/09/2018 - Elevated Harrow Road Bridge – Replacement of Cathodic Protection ref: 948    Recommendations Approved

A Cathodic Protection system protects a structural asset from corrosion. The Cathodic Protection system on the Elevated Harrow Road Bridge is life expired and needs replacing

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 23/08/2018

Effective from: 04/10/2018

Decision:

Recommendations

That the Cabinet Member for Environment & City Management approved the detailed proposals to replace the Cathodic Protection on the Elevated Harrow Road Bridge at an estimated gross cost of £2,400,000.

 

Reasons for Decision

The Elevated Harrow Road Bridge underwent major repairs in 2002/03 because the steel reinforcement in the concrete beams and columns supporting the main bridge deck had corroded so severely that its capacity to carry modern highway loading was at risk. The A40 Westway above, which is supported by the EHR, was also placed at risk. Severe corrosion was noted in the structure in the late1990’s some 25 years after the bridge was opened. The 2002/03 scheme included the installation of the of the first Cathodic Protection system for the bridge.

Cathodic Protection is a controlled electrochemical process explained in more detail in Section 5 of this report. The Cathodic Protection is an essential protective measure for the bridge, the system installed in 2003 has now reached the end of its serviceable and needs replacing.

The existing system has been protecting the bridge for over 15 years, currently there is no evidence of significant corrosion in the bridge suggesting the Cathodic Protection has been fulfilling its function. An upgraded Cathodic Protection system should protect the bridge for another 15 to 20 years thus minimising the requirement of major repairs.

 

Wards affected: Bayswater; Hyde Park; Little Venice; Westbourne;

Lead officer: Andy Foster


22/08/2018 - Knightsbridge Neighbourhood Plan ref: 938    Recommendations Approved

Approval required to modify plan as per independent Examiner's recommendations, and proceed to local referendum

Decision Maker: Cabinet Member for Place Shaping and Planning

Decision published: 22/08/2018

Effective from: 22/08/2018

Decision:

RECOMMENDATIONS

That the Cabinet Member agreed:

 

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

           

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

           

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

 

REASONS FOR DECISION 

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

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

Wards affected: Knightsbridge and Belgravia;

Lead officer: Sean Walsh


31/05/2018 - Queens Ice Bowl, Queens Ice Club, 17 Queensway, W2 ref: 899    Recommendations Approved

Decision Maker: Licensing Sub-Committee (5)

Made at meeting: 31/05/2018 - Licensing Sub-Committee (5)

Decision published: 22/08/2018

Effective from: 31/05/2018

Decision:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st May 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Samantha Eaton

                                   

 

Relevant Representations:         The Licensing Authority, Environmental Health and local residents association.

 

Present:   Mr James Anderson-Poppleston Allen (Solicitor, representing the Applicant), Leisure Box Limited (Applicant), David Devaney (General Manager for applicant company) Miss Daisy Gadd (Licensing Authority), Mr David Nevitt (Environmental Health), Richard Brown (CAB Licensing Project on behalf of SEBRA) and John Zamit (SEBRA)

 

Queens Ice Club, 17 Queensway, London, W2 4QP, (Lancaster Gate Ward/ Queensway & Bayswater Cumulative Impact Area)  18/03595/LIPV

 

1.

To vary the premises licence and for clarity, this is licence number 17/03341/LIPVM:

 

1. To remove condition 11, 12, 13, 16 and 24.

 

2. To remove the first sentence from condition 23 (See details in 1-D).

 

3. To amend condition 41 such that it states as follows:-

In the restaurant area the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

4. To extend the red line so that alcohol can be both sold and consumed in the Ice Rink Café, the Ice Rink View Café and the Viewing Gallery areas.

 

5. To extend the existing restaurant area into the current games area.

 

6. To allow the sale and consumption of alcohol in the Ice Rink shown hatched blue on the plan limited to when there is a pre-booked private function.

 

7. To add the following conditions to promote the licensing objectives

 

a. The sale and consumption of alcohol in the Ice Rink shaded blue on the plan will only take place when there is a pre-booked private function using the Ice Rink.

 

b. In the Ice Rink Café and the Ice Rink View Café and the related Viewing Gallery areas the supply of alcohol will only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal until 7pm.

 

8.  All licensable activities and permitted hours and opening hours to remain as existing. All other conditions are to remain as existing subject to comments made by the Environmental Health Officer with whom there has been a pre-application meeting.

 

 

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 Leisurebox Limited Ltd, for a premises licence variation in respect of Queens Ice Club, 17 Queensway, London, W2 4QP.  The Licensing Officer provided an outline of the application to the Sub-Committee.

 

The applicant’s representative, Mr Anderson, advised the Sub-Committee that an issue has arisen and that he was asking for an adjournment.  He was of the view that one of the conditions (41) which the applicant was requesting to be amended, should already be a condition within the current licence and this would need further investigation. This impacted on the adverse impression that would be given regarding other areas of the premises near to the main restaurant area.

 

Mr Panto, the legal adviser to the Licensing Sub-Committee, confirmed that he was aware of a previous variation decision that appeared to have been granted under delegated authority and which was not reflected on the current licence.   

 

The Sub-Committee agreed to adjourn the application to a later date, agreed as 21st June 2018.

 

2.

Sale by Retail of Alcohol; Late Night Refreshment; the Performance of dance and live music; the Playing of recorded music and the provision of private entertainment with a view to profit.

 

To extend the area of the premises where the activities could take place so as to include the Ice Rink Café, the Rink View Café and the Viewing gallery (with the consumption of alcohol being ancillary to a table meal until 7pm) and to extend the area for the sale and consumption of alcohol to the Ice Rink Area when a pre-booked planning function was taking place.

 

 

 

 

 

 

 

Wards affected: Lancaster Gate;


31/05/2018 - Bag O' Nails, 9 Kingly Street, W1 ref: 937    Recommendations Approved

Decision Maker: Licensing Sub-Committee (5)

Made at meeting: 31/05/2018 - Licensing Sub-Committee (5)

Decision published: 22/08/2018

Effective from: 31/05/2018

Decision:

LICENSING SUB-COMMITTEE No. 5

Thursday 31st May 2018

 

Membership:              Councillor Murad Gassanly (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Barry Panto

Committee Officer:     Kisi Smith-Charlemagne

Presenting Officer:     Samantha Eaton

                                   

 

Relevant Representations:         The Licensing Authority, Environmental Health, Metropolitan Police and two Local Residents

 

Present: Mr Craig Baylis (Solicitor, representing the Applicant), Giovanni Delmino (on behalf of the Applicant company), Miss Daisy Gadd (Licensing Authority), Mr Dave Nevitt (Environmental Health), PC Bryan Lewis (Metropolitan Police) and Richard Brown (CAB Licensing Project representing Liz Callingham)

 

Bag O' Nails, 9 Kingly Street, W1 18/03731/LIPV

 

1.

Conditions being Varied, Added or Removed

 

Current:

 

Proposed:

 

 

 

 

Add the Following Conditions:

 

Model Condition 1

The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

 

Model Condition 2

A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

 

Condition 25

At least 2 SIA licensed door supervisors shall be on duty at the entrance of the premises at all times whilst it is open for business.

Remove the Following Condition:

 

 

Condition 13

 

Condition 14

 

Condition 21

 

Condition 22

 

Condition 23

 

Condition 24

 

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 West End Commercial Properties Ltd, for a premises licence variation in respect of Bag O Nails, 9 Kingly Street, London, W1B 5PH.

 

The Licensing Officer provided an outline of the application to the Sub-Committee.

 

Mr Baylis, representing the applicant, advised the Sub-Committee that the existing licence was old and pre dated the 2003 Licensing Act.  My Baylis further advised the Sub-Committee that the application required a tidy up of the current licence, the removal of some of the old, redundant conditions and the updating of the licence in line with new conditions such as CCTV.  Mr Baylis then went on to discuss the current terminal hours for licensable activities (03:00 Monday-Friday and 23:00 on Saturday) describing the hours as unusual.  Mr Baylis described the premises as a private members club with a capacity limit of over 350, but indicated that it was never used to its full capacity. 

 

My Baylis advised the Sub-Committee that there had been a number of onsite meetings with the Police and Environmental Health (EH) Officers where conditions have been agreed.  The only decision that could not be agreed with the EH, is the last entry time every day at 00:00.  My Baylis informed the Sub-Committee that in terms of the licence, this was a straight swap, changing one day of the week (Monday) when the premises is less busy, for a day when they  would like to take advantage of greater demand (Saturday).  Mr Baylis expressed the view that the premises had been in existence for many years and was exceptional as there had been no problems or complaints regarding the premises in this time.  Mr Baylis also advised that this application was exceptional due to it being a private members club.

 

The Sub-Committee then heard from PC Bryan Lewis from the Metropolitan Police, who advised that this was a policy objection, there were conditions proposed to which the applicant agreed, however due to policy the objection is still maintained.  PC Lewis also confirmed that the police have had no complaints regarding the premises.  Dave Nevitt, representing Environmental Health was invited to speak. Mr Nevitt raised concerns regarding the likely impact on the cumulative impact area and advised that there was the potential for 150 extra people to be active in the cumulative area on a Saturday night. It was felt that this was not a like for like swap. Monday nights are very different from Saturday’s; it was felt that this would be adding more people to an already saturated area.  The Licensing Authority (LA) Officer Daisy Gadd, advised that the LA did not view the trade in operating hours to be exceptional circumstances, however it would be for the Sub-Committee to decide.

 

Richard Brown, from Citizen Advice Bureau (CAB) who represented local resident Liz Callingham, agreed with the applicant’s representative in regards to the current operating hours being usual.  However it was felt that the proposed swap (Monday to Saturday) was not a fair trade. The Sub-Committee was also advised that according to the applicant website, it does not currently open on Monday’s. Mr Brown also referred to WCC licensing policy (2.4.1) regarding the concentration of late night and alcohol led premises and licences and in particular the requirement that applications that were contrary to policy should only be granted in exceptional circumstances.  Mr Brown went on to discuss private member clubs not being exceptional circumstances referring to the 2016 change in policy.  Mr Brown was generally happy with the rest of the conditions but asked the applicant if they would consider keeping condition 22, and especially the provision which required the sale of alcohol to be ancillary to the use of the premises for music and dancing and substantial refreshment.  The applicants agreed to keep condition 22 as this was already a part of their operating model.

 

Local resident Ms Callingham, then addressed the Sub-Committee raising concerns regarding the lack of communication from the applicant prior to the licensing hearing.  Ms Callingham felt that there was a large difference between Monday and Saturday night trading and that the application may be motivated by financial gain at the expense of residents.  The number of people in the areas is growing and everyone is aware of the cumulative impact around Kingly Court.  There is already a problem with cabs and chatting on narrow streets with noise echoing.  Ms Callingham felt there would be 150 more people on the street and crowds attract crime and objected to the application strongly.

 

The Sub-Committee listened to all the evidence presented and advised that good behaviour, good conduct and lack of complaints does not constitute exceptional circumstances that could justify the grant of an application. That is expected from all license holders. The Sub-Committee asked the applicant how they felt 150 people in the cumulative impact area at 03:00 on a Sunday morning would not add to the impact.  Mr Baylis urged the Sub-Committee to consider the likely impact, advising the Sub-Committee that the applicant is able to manage 150 people every other day of the week, so there is unlikely to be any additional impact. The Sub Committee asked additional questions of Mr Delmino regarding the number of members and crowd dispersal routes. The legal adviser to the Licensing Sub-Committee, Barry Panto then addressed the Sub-Committee, making reference to WCC policy (2.4.5) which related to the global and cumulative effect on licencing on the area as a whole.  It is about movement of people who leave those areas. He also referred to the policy regarding proprietary clubs and premises that promote private functions, which stated that they were very likely to contribute to cumulative impact. The Sub-Committee then retired to make its decision. 

 

The Sub-Committee did not grant the amended application in full, as the Sub-Committee felt that a switch of operating hours from a Monday night to a Saturday night would clearly add to the cumulative impact and no exceptional to policy had been shown to justify granting the application. However, policy did allow the variation of an existing licence to within core hours and the Sub-Committee were happy to grant the licences until 00:00 on Saturday night, with an additional 30 minutes for drinking up time, therefore ceasing operations at 00:30.  The Sub-Committee also advised that it would not be removing the 03:00 operating time for Mondays; this would remain in place.  The Sub-Committee encouraged the applicant to continue its current dispersal policy, asking patrons to leave via Regents Street. The Licensing Sub-Committee decided not to impose any further conditions regarding smokers who might congregate outside the premises, but nevertheless expected that the licence holder would manage this so as to ensure that it did not cause any public nuisance. 

 

Overall having listened to all the evidence and concerns raised by all the objectors, including the local residents, the Sub-Committee was satisfied that a small increase in operating hours on a Saturday night so as to match core hours would not add to cumulative impact and could be granted. However, any hours beyond core hours would have added to cumulative impact and would not have promoted the licensing objectives.

 

It was decided to delete most of condition 22 from the existing licence as requested, apart from the key requirement in that condition to the effect that the sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment. It was decided to remove the other conditions proposed by the applicant but the Licensing Sub-Committee did not impose the additional condition proposed by the applicant which would have required 2 door supervisors to be on duty at the entrance as this was not considered to be appropriate in the circumstances. New CCTV conditions were imposed as offered by the applicant in the application form as were other conditions proposed by Environmental Health that were considered to be appropriate.

 

2.

Sale by Retail of Alcohol – On and Off Sales

 

From

 

Monday 10:00 to 03:00

Saturday 10:00 to 23:00

To

 

Monday 10:00 to 23:00

Saturday 10:00 to 03:00

 

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee grant part of the application (see reasons for decision in Section 1).

 

3.

Performance of Dance and Live Music (Indoors)

 

From

 

Monday 09:00 to 03:00

Saturday 09:00 to 23:00

To

 

Monday 09:00 to 23:00

Saturday 09:00 to 03:00

 

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee grant part of the application (see reasons for decision in Section 1).

 

4.

Late Night Refreshment (Indoors)

 

From

 

Monday 23:00 to 03:30

Saturday 23:00 to 23:30

To

 

Monday – Not Required

Saturday 23:00 to 03:30

 

 

 

Amendments to application advised at hearing:

 

None

 

 

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

 

The Sub-Committee grant part of the application (see reasons for decision in Section 1).

 

5.

Hours Premises Are Open to the Public

 

From

 

Monday 09:00 to 03:30

Saturday 09:00 to 23:00

To

 

Monday 09:00 to 23:30

Saturday 09:00 to 03:30

 

 

 

Amendments to application advised at hearing:

 

None.

 

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

 

The Sub-Committee granted part of the application (see reasons for decision in Section 1).

 

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

 

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

 

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

 

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

 

(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 

(a) a holographic mark, or

(b) an ultraviolet feature.

 

7. The responsible person must ensure that—

 

(a)    where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

 

(i) beer or cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml;

 

(b) these measures are displayed in a menu, price list or other printed

material which is available to customers on the premises; and

 

(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

 

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

8(ii) For the purposes of the condition set out in paragraph 8(i) above –

 

(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b) "permitted price" is the price found by applying the formula - P = D+(DxV)

 

Where -

(i)  P is the permitted price,

(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence –

 

(i) the holder of the premises licence,

(ii) the designated premises supervisor (if any) in respect of such a licence, or

(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

 

(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from

this paragraph) not be a whole number of pennies, the price given by that subparagraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by

Paragraph 8(ii)(b) above on a day ("the first day") would be different from

the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

 

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

9. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

 

 

Conditions Consistent with the Operating Schedule

 

10. This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

 

11. On New Year's Eve the premises can remain open for the purpose of providing regulated entertainment from the time when the provision of regulated entertainment must otherwise cease on New Year's Eve to the time when regulated entertainment can commence on New Year's Day (or until midnight on New Year's Eve where no regulated entertainment takes place on New Year's Day).

 

12. Notwithstanding the provisions of Rule of Management No.6 the premises may remain open for the purposes of this licence from 23:00 on each of the days Monday to Friday to 03:00 on the day following.

 

13. An attendant shall be on duty in the cloakroom during the whole time it is in use.

 

14. The exitway to Beak Street via the open court and Kingly Court shall be maintained readily available and the collapsible gate at the inner end of the arch shall be locked back fully in the open position when the premises are in use.

 

15. The spring keys to the entrance doors of No. 10 Kingly Street be removed and retained in the possession of a responsible person during the whole time the public are on the premises.

 

16. The number of persons accommodated at any one time (excluding staff) shall not exceed the following: Ground floor of Nos. 9 and 10 Kingly Street – 30. Basement of No. 9 Kingly Street and Nos. 12/15 Kingly Court – 120.

 

17. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

 

18. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

19. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested. 

 

20. The supply of alcohol at the premises shall only be sold for consumption by members and their bona fide guests (not exceeding 4 guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.

 

21. A list of the names and addresses of members shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members. Both the list and the book shall be produced on demand for inspection by the police or an authorised officer of the Council.

 

22. After 23:00 hours, the supply of alcohol at the premises shall only be to a person seated at a table

 

23. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

24. All external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

25. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

26. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

27. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

28. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close

 

29. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

30. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

31. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

32. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

33. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

 

 

Wards affected: West End;


22/08/2018 - Expenditure from the Queens Park Ward Budget Floating Classrooms ref: 936    Recommendations Approved

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

Decision published: 22/08/2018

Effective from: 22/08/2018

Decision:

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

 

Reasons for Decision

 

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

Lead officer: Janis Best


21/08/2018 - Response to petition: To prioritise the site of Balmoral Castle pub on Churchill Gardens estate for new-build sheltered housing ref: 935    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 21/08/2018

Effective from: 21/08/2018

Decision:

That the Cabinet Member for Finance, Property and Regeneration;

 

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

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

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

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

 

Reasons for Decision 

 

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

Wards affected: Churchill;


21/08/2018 - Letting for operational purposes in SE8

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 18/09/2018

Lead officer: Alan Rhind

Notice of decision: 21/08/2018

Anticipated restriction: Fully exempt  - view reasons


16/08/2018 - Request Approval to Award Contract for Westminster Advice Services

Decision Maker: Cabinet Member for Sports, Culture and Community

Decision due date: Before 16/09/2018

Notice of decision: 16/08/2018


13/08/2018 - Westminster Community Homes - Funding requirements for spot purchases used as affordable housing ref: 933    Recommendations Approved (subject to call-in)

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 13/08/2018

Effective from: 21/08/2018

Decision:

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

 

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

 

Reasons for Decision 

1.         The provision of funding by the City Council to Westminster Community Homes assists in the delivery of additional affordable homes in the city and also helps with land assembly in those areas of the City where regeneration is planned.

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


09/08/2018 - Somerset House Studies - Final Stage Space ref: 932    For Determination

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 09/08/2018

Effective from: 17/08/2018

Decision:

Recommendations

The Cabinet Member was asked to approve:

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

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

Reasons for Decision 

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

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

·         Support socio-economically disadvantaged residents who had entrepreneurial aspirations

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

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

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

 

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

Lead officer: Barbara Brownlee


09/08/2018 - Implementation of Strategic Housing Options for Older Persons programme.: Carlton Dene and Westmead ref: 931    Recommendations Approved

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

Decision Maker: Cabinet Member for Family Services and Public Health

Decision published: 09/08/2018

Effective from: 17/08/2018

Decision:

Recommendations

 

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

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

 

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

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

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

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

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

Reasons for Decision

 

The proposed key drivers to decision making were:

 

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

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

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

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

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

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

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

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


16/10/2018 - Proposed LIP3 Delivery Plan document ref: 951    Recommendations Approved

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 09/08/2018

Effective from: 24/10/2018

Decision:

Recommendations

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

 

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

 

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

 

Reasons for Decision 

 

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

 

 

Wards affected: (All Wards);

Lead officer: Hugh Brennan


17/07/2018 - 52 Lupus Street, London, SW1V 3EE ref: 919    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

2.            That conditional advertisement consent be granted.

Wards affected: Warwick;


17/07/2018 - 4 Bingham Place, London, W1U 5AT ref: 918    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

Wards affected: Marylebone High Street;


17/07/2018 - 53 Chandos Place, London, WC2N 4HS ref: 917    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

RESOLVED UNANIMOUSLY:

 

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

Wards affected: St James's;


17/07/2018 - 3 Abbey Road, London, NW8 9AY ref: 920    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

RESOLVED UNANIMOUSLY:

 

That conditional permission be granted.

Wards affected: Abbey Road;


17/07/2018 - 1 Wood's Mews, London, W1K 7DL ref: 916    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

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

Wards affected: West End;


17/07/2018 - 55 Shirland Road, London, W9 2JD ref: 921    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

The presenting officer tabled the following additional condition:

 

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

 

RESOLVED UNANIMOUSLY:

 

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

Wards affected: Little Venice;


17/07/2018 - Declarations of Interest ref: 914    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

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

 

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

 

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

 

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


17/07/2018 - 5 Duke's Mews, London, W1U 3ES ref: 915    Recommendations Approved

Decision Maker: Planning Applications Sub-Committee (3)

Made at meeting: 17/07/2018 - Planning Applications Sub-Committee (3)

Decision published: 07/08/2018

Effective from: 17/07/2018

Decision:

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

 

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

 

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

 

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

 

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

 

RESOLVED UNANIMOUSLY:

 

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

 

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

Wards affected: Marylebone High Street;


02/08/2018 - Community Benefit Fund

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision due date: 02/09/2018

Notice of decision: 02/08/2018

Anticipated restriction: Fully exempt  - view reasons


30/07/2018 - Lisson Arches Enterprise Space

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration, Cabinet Member for Economic Development, Education and Skills, Cabinet Member for Housing Services

Decision due date: Not before 27/08/2018

Wards affected: Church Street;

Notice of decision: 30/07/2018

Anticipated restriction: Fully exempt  - view reasons


26/07/2018 - Westminster Community Infrastructure Levy (CIL) and Pooled Section 106 Funding – Project Allocations (Q1) ref: 928    Recommendations Approved

This report seeks to allocate funding from CIL to infrastructure projects to support growth in Westminster following receipt of monies from development.

Decision Maker: Cabinet CIL Committee

Decision published: 26/07/2018

Effective from: 03/08/2018

Decision:

The Cabinet CIL Committee:

 

1.              Approved the expenditure of £4.952m from Westminster’s City CIL Strategic Portion as set out in Section 5.2 of the report. This includes the allocation of funding for the following projects set out in Appendix B to the report.

(i)          Bourchier Street Public Realm (Appendix B, Project 1)

(ii)         Drainage Further Works Programme (Appendix B, Project 2)

(iii)       Electric Vehicle Charging Infrastructure (Appendix B, Project 3)

(iv)       CCTV and Lining Programme (Appendix B, Project 4)

(v)        Hyde Park Ward Pedestrian Improvements (Appendix B, Project 5)

(vi)       Neat Streets 2 (Appendix B, Project 6)

(vii)     Riding House Street (Appendix B, Project 7)

(viii)    Strand and Piccadilly Road – SCADA (Appendix B, Project 8)

(ix)       Shaftesbury Avenue Carriageway Resurfacing (Appendix B, Project 9)

(x)        Smart Lighting and Asset Condition Indices (Appendix B, Project 10)

(xi)       St. George’s Drive/ Warwick Way Junction (Appendix B, Project 11)

(xii)     Parks and Gardens Lighting Upgrade (Appendix B, Project 12)

(xiii)    Vehicle Activated Signs (VAS) (Appendix B, Project 13)

(xiv)   Victoria Embankment (Lion Heads Moorings) (Appendix B, Project 14)

(xv)     Paddington Recreation Ground (Appendix B, Project 15)

(xvi)   ARK Atwood School Roof Garden (Appendix B, Project 16)

(xvii)  Marylebone Low Emission Neighbourhood (LEN) (Appendix B, Project 17)

(xviii)    Oxford Street Catenary Infrastructure (Appendix B, Project 18)

(xix)       St. Vincent’s Catholic Primary School (Appendix B, Project 19)

 

2.              Approvd the expenditure of £0.200m from Section 106 funds held for the purposes of the Paddington Social and Community Fund Account (PS&CFA) as set out in Section 6.2 of the report. This includes the allocation of funding for the following projects set out in Appendix B to the report:

(i)              Tollgate Gardens Community Centre (Appendix B, Project 20)

 

3.              Considered the update on Councillor proposed priority projects, as set out in Section 7 of the report and Appendix C, and noted progress.

4.              Noted the neighbourhood portion of CIL received to date as set out in Section 8 of the report and Appendix D to the report.

5.              Considered the governance proposals for the neighbourhood portion of CIL as set out in Section 8 of the report and Appendix E to the report.

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.

 

 

Wards affected: (All Wards);

Lead officer: Michael Clarkson


26/07/2018 - Revision of the Council's National Non-Domestic Rates Discretionary Relief Guidelines in respect of the Local Discretionary Business Rate Revaluation Relief scheme for 2018/19 ref: 930    Recommendations Approved

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 26/07/2018

Effective from: 26/07/2018

Decision:

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

Reason for Decision 

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


25/07/2018 - Strand Enterprise Space

Approval for the refurbishment of a new enterprise space within the Stand.

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

Decision due date: 31/07/2018

Wards affected: West End;

Lead officer: David Wilkins

Notice of decision: 25/07/2018

Anticipated restriction: Open


25/07/2018 - Rating Advisory Panel 17/7/18: Determination of NNDR Discretionary and Hardship Relief Applications ref: 929    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 25/07/2018

Effective from: 25/07/2018

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 17 July 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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


23/07/2018 - Discretionary Housing Payment Review Advisory Panel: (10.07.2018) Determination of Discretionary Housing Payment Review Applications ref: 926    Recommendations Approved

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

 

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 23/07/2018

Effective from: 23/07/2018

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 of 12 July 2018.

 

Reasons for Decision 

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

 


23/07/2018 - Discretionary Housing Payment Review Advisory Panel: (05.06.2018) Determination of Discretionary Housing Payment Review Applications ref: 925    Recommendations Approved

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

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 23/07/2018

Effective from: 23/07/2018

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 of 5 June 2018.

 

Reasons for Decision 

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


23/07/2018 - Rating Advisory Panel 12/6/18: Determination of NNDR Discretionary and Hardship Relief Applications ref: 927    Recommendations Approved

Cabinet Member approval sought.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 23/07/2018

Effective from: 23/07/2018

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 12 June 2018 and determined the applications for National Non-Domestic Rates Discretionary and Hardship relief as set out in Appendix A of the report.

Reasons for Decision

 

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


23/07/2018 - Continued investment into St Mungo’s Real Lettings property Investment Fund to provide a further 47 family sized units of accommodation with support ref: 924    Recommendations Approved

This represents a further investment into an established social property fund led by St Mungo’s which will secure an additional 47 properties for use by homeless families with support provided by St Mungo’s. The Council has already invested £15m in the scheme in January 2017 and this would represents a further similar investment.

Decision Maker: Cabinet Member for Housing and Customer Services

Decision published: 23/07/2018

Effective from: 31/07/2018

Decision:

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

 

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

 

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

 

Reasons for Decision

 

1.            This initiative is required to deliver additional affordable, suitable private sector accommodation to allow the council to meet its homelessness duties at a cost it can sustain against the background of:

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

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

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

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

 

2.         This decision is necessary in order to fulfil the Council’s statutory duties to house persons who are defined as homeless under Part VII of the Housing Act 1996 and reduce the costs of fulfilling that duty.

 

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

 

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

Wards affected: (All Wards);

Lead officer: Greg Roberts


20/07/2018 - Passenger Transport Taxi Framework Award ref: 923    Recommendations Approved

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

Decision Maker: Cabinet Member for Environment and City Management

Decision published: 20/07/2018

Effective from: 28/07/2018

Decision:

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

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

 

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

 

·         Chequers Transport Ltd

·         Green Tomato Cars Limited

·         HATS Group Ltd

·         Jimac Radio Cars Ltd

·         London Hire Community Services Ltd

·         London VIP Cars

·         Olimpicars Limited

·         One Transport Ltd

·         Westway CT Trading Ltd

 

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

·         Chequers Transport Ltd

·         Dial-a-Cab Limited

·         Green Tomato Cars Ltd

·         HATS Group Ltd

·         Jimac Radio Cars Ltd

·         London VIP Cars

·         Olimpicars Ltd

·         One Transport Ltd

·         Q-Despatch (West) Ltd

·         Westway CT Trading Ltd

 

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

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

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

 

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

 

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

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

 

Reasons for Decision

 

Reasons for re-procurement and establishment of Framework

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

Reasons for Inter Authority Agreement

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

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

 

Wards affected: (All Wards);

Lead officer: Annabel Saunders


19/07/2018 - Dudley House - Operating Lease Appointment ref: 922    Recommendations Approved

Cabinet Member approval sought for operating lease appointment.

Decision Maker: Cabinet Member for Finance, Property and Regeneration

Decision published: 19/07/2018

Effective from: 27/07/2018

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

 

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

 

Reasons for Decision

 

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