Agenda and minutes

To approve and sign as an accurate record the Minutes of the Ordinary Council Meeting held on 29 June 2011.

The minutes of the Council Meeting held on 29 June 2011 were confirmed and signed as an accurate record.

Apologies for absence were received from Councillors Michael Adam, Stephen Greenhalgh, Robert Iggulden, Lucy Ivimy, Sally Powell and Mercy Umeh.

The Mayor’s Announcements were circulated and tabled at the meeting.  (Copy attached as Appendix 1 to these minutes).

7.03pm -  Councillor Nicholas Botterill thanked Mr Geoff Alltimes, the outgoing Chief Executive, as this was his last Council meeting, noting that he was a stalwart officer who had worked for the Council for over 30 years.  Mr Alltimes had been Chief Executive of the Council since 2002 and before that was Director of Social Services.  Councillor Botterill praised Mr Alltimes’ sound judgement and ability to get on with everyone.  He would be sorely missed.

The Mayor echoed Councillor Botterill’s comments expressing her fulsome appreciation.  The Mayor referred to when she was a new Councillor and had found Mr Alltimes extremely helpful and had always been there for her and everyone else.  The Council showed their appreciation and wished Mr Alltimes all the best in his retirement.

The Council congratulated Councillor Alex Chalk who got married on Saturday 15 October 2011.

If a Councillor has any prejudicial or personal interest in a particular report he/she should declare the existence and nature of the interest at the commencement of the consideration of the item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a prejudicial interest may also make representations, give evidence or answer questions about the matter. The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken, unless a dispensation has been obtained from the Standards Committee.

Where members of the public are not allowed to be in attendance, then the Councillor with a prejudicial interest should withdraw from the meeting whilst the matter is under consideration, unless the disability has been removed by the Standards Committee.

Councillor Charlie Dewhirst declared a personal and prejudicial interest in item 7.3 Special Motion 3 - Olympic Borough as he was employed by UK Sport.

Councillor Oliver Craig declared a personal and prejudicial interest in item 7.3 Special Motion 3 - Olympic Borough as an employee of LOCOG (London 2012 Organising Committee of the Olympic and Paralympic Games).

The Leader/relevant Cabinet Member to reply to questions submitted by members of the public:

7.07 pm - The Mayor called on Mr Francis Hoarwho had submitted a question to  the Leader (Councillor Stephen Greenhalgh) to ask his question.  In his absence, the  Deputy Leader responded.   Mr Hoar asked a supplementary question.

7.14 pm - The Mayor called on Mr Nicholas Waldemar Brown who had submitted a question to the Leader (Councillor Stephen Greenhalgh) to ask his question. The Deputy Leader responded on behalf his behalf.  Mr Waldemar Brown asked a supplementary question.

7.17 pm - The Mayor called on Ms Ann Rosenberg who had submitted a question to the Leader (Councillor Stephen Greenhalgh) to ask her question. The  Deputy Leader responded.  Ms Rosenberg asked a supplementary question.

In the absence of Mr Jon Rowlerson, a written response would be sent to him.

(A copy of the public questions submitted and the replies given are attached at Appendix 2 to these minutes).

The Council is invited to appoint Mr Derek Myers as Chief Executive and Head of Paid Service.

7.21 pm - The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillor Stephen Cowan (for the Opposition) and Councillor Nicholas Botterill (for the Administration), before being put to the vote:

The report and recommendations were put to the vote:

FOR                         27

AGAINST                12

NON VOTING         0

The report and recommendations were declared CARRIED.

7.26 pm RESOLVED:

(1)    That Mr Derek Myers be appointed as Chief Executive and Head of Paid Service pursuant to section 4 of the Local Government and Housing Act 1989, through an agreement pursuant to section 113 of the Local Government Act 1972.

(2)    That the Authority enter into an agreement under section 113 of the Local Government Act 1972 on such terms as the Assistant Director (Legal and Democratic Services) considers appropriate for the Royal Borough of Kensington & Chelsea to place Mr Derek Myers at the disposal of the authority to discharge the role of Chief Executive and Head of Paid Service.

(3)    That all the functions relating to elections including those of Electoral Registration Officer and Returning Officer, currently vested in the Chief Executive be vested in the Executive Director of Finance and Corporate Governance, or in his/her absence, the Assistant Director (Legal and Democratic Services) and that the Constitution be amended accordingly.

(4)    That the above changes will be effective from the 20 October 2011. 

The report sets out changes to the Constitution to be approved, relating to amendments to the establishment of a joint Appointments Committee and its terms of reference, a new corporate structure and minor changes to Cabinet member portfolios and to officers’ Schemes of Delegation.

7.27 pm - The report and recommendations were formally moved for adoption by the Cabinet Member for Strategy, Councillor Mark Loveday.

Speeches on the report were made by Councillor Stephen Cowan (for the Opposition) and Councillor Mark Loveday (for the Administration), before being put to the vote:

The report and recommendations were put to the vote:

FOR                         26

AGAINST                12

NON VOTING         0

The report and recommendations were declared CARRIED.

7.33 pm RESOLVED:

(1)     That the Constitution be amended so that the Member Panels for all tri- or bi- borough chief officer appointments be based on an Appointments Panel comprising four Councillors, including the relevant Cabinet Member, with the membership of the Panel reflecting the ratio of seats on full Council.

(2)    That the Constitution be amended to reflect the changes to Chief Officers’ job titles and roles in section 3 of the report.

(3)    That the changes which the Leader has made to Cabinet member portfolios and delegation to officers as set out in section 4 of the report be noted.

This report seeks the adoption of the Council’s Local Development Framework Core Strategy.

7.33 pm - The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillors Nicholas Botterill, Tom Crofts, Andrew Johnson, Harry Phibbs and Alex Karmel (for the Administration) and Councillors Michael Cartwright, Wesley Harcourt, Colin Aherne, Daryl Brown, PJ Murphy and Stephen Cowan (for the Opposition).

Councillor Nicholas Botterill (for the Administration) made a speech winding up the debate before being put the vote:

The report and recommendations were put to the vote:

FOR                            27

AGAINST                   11

NON VOTING            0

The report and recommendations were declared CARRIED.

8.26 pm RESOLVED:

That  Council resolves to adopt the Local Development Framework Core Strategy Development Plan Document as modified in accordance with the independent inspector’s binding recommendations (Appendix 1) and the Proposals Map (Appendix 2).

This report seeks a resolution to adopt the Managing Change of Use in Local Shopping Centres Supplementary Planning Document as a Supplementary Planning Document (SPD) to the Council’s Core Strategy.

8.27 pm - The report and recommendation was formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillor Lisa Homan (for the Opposition) and Councillor Nicholas Botterill (for the Administration), before being put to the vote:

The report and recommendation was put to the vote:

FOR                         Unanimous

AGAINST                0

NON VOTING         0

The report and recommendation was declared CARRIED.

8.35 pm RESOLVED:

That the Managing Change of Use in Local Shopping Centres Supplementary Planning Document (Appendix 1) be adopted.

This report seeks approval to the proposed submission Local Development Framework Development Management Development Plan Document (DM DPD) with a view that public consultation on the documents is carried out for a six week period commencing in early November 2011.

8.35 pm - The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillors Andrew Jones, Michael Cartwright, PJ Murphy and Stephen Cowan (for the Opposition) and Councillor Mark Loveday (for the Administration), before being put to the vote:

The report and recommendations were put to the vote:

FOR                         26

AGAINST                12

NON VOTING         0

The report and recommendations were declared CARRIED.

8.51 pm RESOLVED:

(1)       That approval is given to the proposed submission Local Development Framework Development Management Development Plan Document (Appendix 1 of the report), with a view that the document and other associated submission documents required by the Town and Country Planning Regulations are made available for 6 weeks for public consultation commencing on 4 November 2011 or as soon thereafter.

(2)              That the Executive Director of Transportation and Technical Services in conjunction with the Cabinet Member for Environment, is authorised to approve any  technical and other minor amendments to the proposed submission documents:

a)     before public consultation; and

b)     after, or in response to, public consultation, and before submission to the Secretary of State for independent examination.

This report provides information on the Council’s debt, borrowing and investment activity for the financial year ending 31 March 2011.

8.51 pm - The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

A speech on the report was made by Councillor Andrew Jones (for the Opposition), before being put to the vote:

The report and recommendations were put to the vote:

FOR                         26

AGAINST                0

NON VOTING         12

The report and recommendations were declared CARRIED.

8.55 pm RESOLVED:

(1)       To note that the Council has not undertaken any borrowing for the period 1 April 2010 to 31 March 2011.

(2)              To note the investment activity for the period 1 April 2010 to 31 March 2011.

The Council is asked to accept the delegation by the Royal Borough of Kensington and Chelsea (RBKC) to this Council to determine that part of an outline planning application (known as Application 2) where the site falls on RBKC land.

8.55 pm - The report and recommendations were formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

The report and recommendations were put to the vote:

FOR                         26

AGAINST                12

NON VOTING         0

The report and recommendations were declared CARRIED.

8.56 pm RESOLVED:

That Council accepts the delegation by the Royal Borough of Kensington and Chelsea (RBKC) to this Council to determine that part of an outline planning application (known as Application 2) where the site falls on RBKC land.

The Council is asked to confirm the existing polling district boundaries with no changes, to confirm the polling places as used at the 2011 Referendum with no changes, except to approve three new polling places, namely: Fulham Broadway Methodist Church for PGC polling district, Shepherds Bush Library for SBC polling district and Langford School for SEC polling district.

8.56 pm - The report and recommendations were formally moved for adoption by the Cabinet Member for Strategy, Councillor Mark Loveday.

The report and recommendations were put to the vote:

FOR                         Unanimous

AGAINST                0

NON VOTING         0

The report and recommendations were declared CARRIED.

8.56 pm RESOLVED:

(1)       To confirm the existing polling district boundaries with no changes.

(2)       To confirm the polling places as used at the 2011 Referendum with no changes with the exception of the following three new polling places:-

a.    Fulham Broadway Methodist Church for PGC polling district

b.    Shepherds Bush Library for SBC polling district

c.    Langford School for SEC polling district.

The Children’s Oral Health Scrutiny Task Group report outlines its recommendations and requests Council to debate the report.

8.56 pm - The report and recommendation was formally moved for adoption by the Deputy Leader of the Council, Councillor Nicholas Botterill.

Speeches on the report were made by Councillors Marcus Ginn, Peter Tobias, Alex Karmel and Joe Carlebach (for the Administration) and Councillor Caroline Needham (for the Opposition), before being put to the vote:

The report and recommendation was put to the vote:

FOR                         Unanimous

AGAINST                0

NON VOTING         0

The report and recommendation was declared CARRIED.

9.10 pm RESOLVED:

That the Children’s Oral Health Scrutiny Task Group report be agreed.

This report details the work of the Audit and Pensions Committee during 2010/11, outlining the key developments in governance, internal control, risk management, internal audit, anti-fraud and external audit.  It also sets out the plans for the future, built on the lessons learnt.  The report provides an opportunity for all members to review the Committee and to review its performance.

9.10 pm - The report and recommendation was formally moved for adoption by the Cabinet Member for Strategy, Councillor Mark Loveday.

The report and recommendation was put to the vote:

FOR                         Unanimous

AGAINST                0

NON VOTING         0

The report and recommendation was declared CARRIED.

9.10 pm RESOLVED:

That the annual report be approved.

To consider and determine any Special Motions:

Under Council Procedure Rule 19 (d) iii, the Mayor allowed special motion 7.5 Special Motion 5 - Hammersmith and Fulham Borough Police and Police Sergeants to have precedence and be debated as the next item.

9.12 pm – Councillor Lisa Homan moved, seconded by Councillor PJ Murphy, the special motion standing in their names:

“This Council recognises the fantastic contribution Hammersmith and Fulham’s Borough police make to maintaining law and order in the Borough and gives a vote of thanks for their bravery and commitment to re-establishing order during the summer riots.

We are also thankful for the contribution of police officers drafted in from as far afield of Wales and Hampshire to protect the Borough’s citizens, businesses and property during the riots.

This Council appreciates the work of all police officers and in particular notes the critical front line strategic role played by the Borough’s Inspectors, Sergeants, PCs and PCSOs. It therefore regrets the cuts to the Borough’s sergeants’ positions and pledges to consider means of restoring those vital positions.”

Speeches on the special motion were made by Councillors Lisa Homan and PJ Murphy (for the Opposition).

Under Standing Order 15(e) (vi), Councillor Stephen Cowan moved, seconded by Councillor Rory Vaughan, an amendment to the motion as follows:

Add the following words after “positions” in the final paragraph:

“ We call on this Council to lobby government and Mayor Boris Johnson to reverse local police cuts.  Failing any result from that the Council resolves to reinstate the four sergeants’ positions recently cut from this Borough and to pay for that by savings from its senior management team, its press and publicity budget, its vast consultancy and agency worker budget and other areas of Town Hall waste.”

A speech on the amendment was made by Councillor Stephen Cowan (for the Opposition).

Under Council Procedure Rule 19 (d) (vii), the Councillor Mark Loveday moved the motion “May the question be put”.  The motion was voted on:

FOR                            12

AGAINST                   0

NON VOTING            24

The motion was declared CARRIED.

Speeches on the amended motion were then made by Councillors Stephen Cowan, (for the Opposition) and Councillors Greg Smith and Peter Graham (for the Administration).

Councillor Lisa Homan (for the Opposition) made a speech winding up the debate before the substantive motion was put to the vote:

FOR                            12

AGAINST                   24

NON VOTING            0

9.46 pm – The motion was declared LOST.

9.47 pm – Councillor Harry Phibbs moved, seconded by Councillor Mark Loveday, the special motion standing in their names:      

“This Council:

1.   Welcomes the plans by the Mayor of London to extend the Barclays Cycle Hire scheme to Hammersmith and Fulham by the summer of 2013 with locations for up to 60 local docking stations and capacity for at least 1,440 'Boris bikes'.

2.   Thanks Westfield PLC for funding an early extension by spring next year with around 18 docking stations in Shepherds Bush.

3.   Welcomes the benefits this will bring in relieving pressure on congested roads and tube trains, reducing pollution and improving the health of all out residents.”

Speeches on the special motion were made by Councillors Harry Phibbs, Belinda Donovan and Donald Johnson (for the Administration) and Councillor Stephen Cowan (for the Opposition).

Councillor Harry Phibbs (for the Administration) made a speech winding up the debate before the substantive motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

NON VOTING            0

The motion was declared CARRIED.

10.00 pm – RESOLVED:

“This Council

1.   Welcomes the plans by the Mayor of London to extend the Barclays Cycle Hire scheme to Hammersmith and Fulham by the summer of 2013 with locations for up to 60 local docking stations and capacity for at least 1,440 'Boris bikes'.

2.   Thanks Westfield PLC for funding an early extension by spring next year with around 18 docking stations in Shepherds Bush.

3.   Welcomes the benefits this will bring in relieving pressure on congested roads and tube trains, reducing pollution and improving the health of all out residents.”

10.00 pm – Councillor Greg Smithmoved, seconded by Councillor Peter Graham the special motion standing in their names:      

“This Council:

 1.    Congratulates and thanks all Metropolitan Police officers in Hammersmith & Fulham (led by Chief Superintendent Lucy d'Orsi) for preventing the widespread rioting and criminality between 6-11 August 2011 from affecting the borough.

 2.   Expresses its thanks to Council officers and the staff of Council contractors (notably Serco) who rose to the challenge of securing the borough and minimising the environment for rioting to occur.”

The motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

NON VOTING            0

The motion was declared CARRIED.

10.00 pm – RESOLVED:

“This Council:

 1.    Congratulates and thanks all Metropolitan Police officers in Hammersmith & Fulham (led by Chief Superintendent Lucy d'Orsi) for preventing the widespread rioting and criminality between 6-11 August 2011 from affecting the borough.

2.      Expresses its thanks to Council officers and the staff of Council contractors (notably Serco) who rose to the challenge of securing the borough and minimising the environment for rioting to occur.”

10.01 pm – Councillor Matt Thorley moved, seconded by Councillor Thomas Crofts the special motion standing in their names:

“This Council:

1.                  Notes the historical position of Hammersmith as hosts for the 1908 Olympic Games and the 1934 British Empire Games;

2.                  Notes the return of the Olympic events to the area in 2012, with the cycling road race at Fulham and volleyball at Earls Court, and;

3.                  Welcomes the Olympic family to Hammersmith and Fulham in 2012.”

The motion was put to the vote:

FOR                            Unanimous

AGAINST                   0

NON VOTING            0

The motion was declared CARRIED.

10.01 pm – RESOLVED:

“This Council

1.         Notes the historical position of Hammersmith as hosts for the 1908 Olympic Games and the 1934 British Empire Games;

2.         Notes the return of the Olympic events to the area in 2012, with the cycling road race at Fulham and volleyball at Earls Court, and;

3.         Welcomes the Olympic family to Hammersmith and Fulham in 2012.”

10.01 pm – Councillor Andrew Jones moved, seconded by Councillor Michael Cartwright, the special motion standing in their names:

“This Council recognises the contribution that volunteer community groups and community centres have in building our Borough’s local “Big Society.”

This Council therefore appreciates the value that well run community facilities have in giving young people positive new opportunities; giving elderly people chances to live fuller lives and adding to the physical and mental well-being of all who use them.

The Council confirms that it will audit each bid for each of the community centres it proposes to sell off so that it is able to place independently verified figures on the enhanced value of maintaining each community centre via a “Big Society” community social enterprise. The Council therefore agrees to assess that value using the following criteria:

i) the promotion or improvement of economic wellbeing;

ii) the promotion or improvement of social well-being;

iii) the promotion or improvement of environmental well-being

The Council confirms that it appreciates the work being done by the residents of Sands End and Shepherds Bush to find new ways to maintain their community centres and the services within them. It resolves to support their bids and work with residents to improve and enhance the quality and quantity of their “Big Society” style volunteer and social enterprise services available in Sands End and Shepherds Bush.”

The motion was put to the vote:

FOR                            11

AGAINST                   24

ABSTENTIONS         0

10.01pm       The motion was declared LOST.

10.02 pm – Councillor Wesley Harcourt moved, seconded by Councillor PJ Murphy, the special motion standing in their names:

“This Council confirms its commitment to local parks and recognises the debt it owes to those previous generations of people who ensured that these protected areas were set aside for the recreation and enjoyment of all.

The Council recognises its duty as a custodian of LB Hammersmith and Fulham’s parks and confirms that it will not build on them; it will not reduce their size; it will not sell them off in whole or in part; and it will not close them to public access during established opening hours.”

The motion was put to the vote:

FOR                            11

AGAINST                   24

ABSTENTIONS         0

10.02pm         The motion was declared LOST.

10.02 pm – Councillor Lisa Homan moved, seconded by Councillor Caroline Needham, the special motion standing in their names:

“This Council notes the progress of the Localism Bill through parliament and expresses its disappointment that New Clause 29 relating to Retail Diversity Schemes was rejected by the Government. The Council notes that local people have lost out because of this as it had the potential of benefiting local shopping streets, such as Askew Road, and many others across Hammersmith and Fulham.

We call on the Council to inform residents of their rights under the National Planning framework to establish Neighbourhood Planning Forums and to support them in attempts to protect local retail diversity.”

The motion was put to the vote:

FOR                            11

AGAINST                   24

NON VOTING            0

10.02pm         The motion was declared LOST.

10.02pm – Councillor Wesley Harcourt moved, seconded by Councillor Colin Aherne, the special motion standing in their names:

“This Council notes the significant levels of public concern about the Council’s private dealings with property developers. It determines to address those concerns by making publicly available all agenda and minutes of the meetings administration councillors and senior officers have had with developers about specific local sites detailing what was discussed and what was agreed.

The Council appreciates that some issues will be commercially confidential. It therefore agrees to appoint a genuinely independent person to assess this aspect and advise the Council which in turn agrees to consider that advice while reaching its decisions about commercial confidentiality issues.

The council asserts that transparency is an important aspect of maintaining public trust with the public who fund the vast majority of salaries of all whom it employs and fund almost all it does through their taxes. It agrees to formulate new protocols that allow the public to have a greater knowledge of its dealings with property developers.”

The motion was put to the vote:

FOR                            11

AGAINST                   24

NON VOTING            0

10.03pm         The motion was declared LOST.

10.04 pm – Councillor Michael Cartwright moved, seconded by Councillor Stephen Cowan, the special motion standing in their names:

“This Council notes with concern that Mayor Boris Johnson intends to increase London Transport fares by a further 7% next year. It notes that this is the fourth above inflation rise he has instigated since becoming London’s Mayor in 2008.

Last year the Mayor put some bus fares up by 20% and bus fares overall went up by 12.7%. Tube fares have had similar above inflation rises.

This Council recognises that stealth taxes such as these have a dampening effect on the London economy and hits people hard during this particularly difficult economic situation.

The Council therefore resolves to formally object to these fare increases and to lobby the Mayor to halt these obvious stealth taxes.”

The motion was put to the vote:

FOR                            11

AGAINST                   24

NON VOTING            0

10.04 pm        The motion was declared LOST.

            The report was noted.

* * * * *   CONCLUSION OF BUSINESS    * * * * *