Agenda and minutes

That the minutes of the meeting of the Cabinet held on 20 June 2011 be confirmed and signed as an accurate record of the proceedings subject to the following amendment:- delete the second sentence in paragraph 1 and replace with “Councillor Cowan agreed that the Council should not have engaged consultants to develop the proposals but was concerned at the lack of independent advice sought either from a senior academic or central government”; and that the outstanding actions be noted.

An apology for absence was received from Councillor Harry Phibbs.

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 Stephen Cowan declared a prejudicial interest in item 6 (3^rd Sector Investment Fund Allocation) as a director of Lyric Theatre.

Councillor Greg Smith declared a prejudicial interest in item 6 (3^rd Sector Investment Fund Allocation) as a director of Lyric Theatre and Riverside Studios.

In order to ensure the smooth running of the meeting, the Leader announced that Members will first hear the Petition related to the ongoing consultation on the South Fulham Riverside SPD which contains a proposal to divert traffic from Town mead Road to William Morris Way.  Then the deputation request related to item 7 - Earls Court Redevelopment.  All other reports will be considered in the order on the agenda.

Cabinet received a petition organised by Ms Jo Wright objecting to the proposed plan to divert traffic from Townmead Road to William Morris Way as part of the South Fulham SPD consultation.

Ms Wright stated that the proposal would cause distress to local residents particularly young children and the elderly who lived in the residential area.  There were also safety and security concerns resulting from the significant increase in traffic volume.  The diversion of buses into this residential area would increase the levels of noise and pollution making it an unpleasant environment to live in.  The displacement of parking spaces would also cause great inconvenience to residents and visitors.  If the proposal went ahead, the heavily used road by the Harbour Club members and Chelsea football club supporters could not sustain the proposed increased traffic.  She was of the opinion that the method of gathering evidence via video and static cameras was flawed.  The Council should not use its scarce resources to solve a problem that did not exist.  She finally requested Cabinet to scrap the scheme which will cause danger, pollution and inconvenience for residents who live in an already congested and noisy area. 

In response, the Deputy Leader noted that the proposal was not a scheme proposed by the Council.  It was an idea within a consultation document drafted by a consultant.  The Council had loudly and clearly heard the residents’ views expressed tonight and at a widely attended public consultation meeting.

The Leader thanked Ms Jo Wright for attending the meeting.

RESOLVED:

That Cabinet note the views of the residents opposing the option to divert traffic from Townmead Road to William Morris Way.

Cabinet received a deputation organised by Shirley Wiggins opposing the redevelopment proposals.  She stated that the residents were proud of the estates and their community.  They are steadfastly determined to stop the Council and the developers from wrecking their estates, destroying their community and separating neighbour from neighbour.  She felt Capco's plans for Earls Court would be a disaster for the whole of Earls Court, West Kensington and North Fulham.  The redevelopment would overwhelm the transport networks.

She noted that despite the Council’s claims to residents that no decision had been made to include the estates in the scheme, letters have been received reporting that the Council's developer associates, EC Properties Limited had applied to demolish their homes.  Residents were unable to access the planning applications on either the Council's or the developer's websites.  She felt the Council's handling of the planning applications paid no regard to due process and law. 

She further stated that the overwhelming majority of residents opposed the demolition plans and wanted community ownership.  80% of the residents have signed a petition opposing the proposal and two thirds of households intend to join the new association to take over their homes.  She was of the view that the Council should organise a properly supervised ballot on the estates with an independent scrutineer  - the residents will abide by its outcome.  She stated that the Council had set itself against the whole thrust of Government policy which encouraged decisions affecting people's lives to be devolved to local communities so they can decide their future for themselves.

She was of the opinion that the Council's decision to take £15 million from the developer would be a conflict of interest with its role as a public and planning authority.  The approval of an "exclusivity deal" will amount to a breach of Article 8 of the Human Rights Act 1998 which states that everyone has the right to respect for his/her home.  She concluded that the deal was not lawful, democratic nor necessary.  She requested Cabinet to act responsibly and say no to £15 million for demolition, give the residents the power to determine their own future in line with Government policy; and co-operate with them to take community control of their neighbourhood.

Maureen Way, a resident who had lived on the estate for 40 years, supported the redevelopment proposals.  She observed that the area had been in decline over the past couple of years.  The neighbourhood did not have any adult leisure facilities such as a cinema.  Young children also did not have a decent open play area like their counterparts in other parts of the borough.  There were no decent shopping facilities in the area resulting in the residents travelling long distances for good shops.  She objected to the idea of non residents running the estate via a community association.  She pleaded for the proposal to go ahead so that decent homes, modern leisure and health facilities, and good play areas were made available to the residents  ...  view the full minutes text for item 23.

1.   That approval be given to the award of the (Pan-London) Framework for Agency Worker Services, on behalf of the Council, to Pertemps Recruitment Partnership Ltd, to commence on 1 October 2011 for a period of 4 years.

2.   That authority be delegated to the Leader, in conjunction with the Director of Finance & Corporate Services and the Assistant Director (Legal & Democratic Services), to award a call-off contract for 4 years to the new provider.

3.   That officers arrange contract mobilisation meetings with the successful tenderer to ensure a smooth implementation.

1.      That approval be given to the allocation of the 3^rd Sector Investment Fund (as detailed in paragraphs 9 – 13 and appendix 2 a – e of the report) across the areas of:

·       Health & Wellbeing (adults)

·       Safer Communities

·       Arts, Culture & Sport

·       Homelessness Prevention & Home  

·       Safety

·       Environment & Community Transport

2.      That authority be delegated to the Cabinet Member for Community Care, in conjunction with the Director of Community Services, to allocate any balance of the grants budget.

Councillors Stephen Cowan and Greg Smith left the room during the discussions and did not vote on the item.

1.   That progress of the programme to date be noted.

2.   That approval be given to draw down a sum of £103,000 from the Invest to Save fund, specifically to pay for the SmartWorking FCS project, including the required IT.

1.      That officers be authorised to agree and pay compensation payments to the tenants occupying the tied properties and to schools based on the scheme detailed in the separate report on the exempt Cabinet agenda.

2.      That in the circumstances where the compensation payment exceeds the budget for disposal (4% of the capital receipt), this will be met from a revenue budget.

3.      That authority be delegated to the Cabinet Member for Children’s Services, in consultation with the Director for Children’s Services, the Assistant Director Building and Property Management and the Assistant Director (Legal and Democratic Services) to declare the school keepers’ houses referred to in this report and additional school keepers houses’ as surplus to requirements and available for sale (subject to any requisite Secretary of State consent) as and when these properties are identified.

4.      That authority is delegated to the Cabinet Member for Residents Services, in consultation with the Director of Residents Services, the Assistant Director Building and Property Management and the Assistant Director (Legal and Democratic Services), to declare the tied properties referred to in this report and additional tied properties held by Residents Services as surplus to requirements and (subject to statutory public notice) available for sale as and when these properties are identified (authority to include consideration of any objections duly received in response to any such notice).

5.      That subject to the approval of recommendations 3 and 4 above, the Assistant Director (Legal and Democratic Services) and the Assistant Director of Building and Property Management are authorised to dispose of the properties in the open market for the best price reasonably obtainable and otherwise on such terms and conditions as they consider appropriate.

6.      To confirm the policy outlined in paragraph 13 of the report that sets out the process for communicating with occupants of tied accommodation liable to be displaced or re-housed.

That approval is given to the transfer of £120,000 from Hammersmith and Fulham to the Greater London Authority for the purposes of commissioning an appointed consultant (subject to tender) to undertake a Development Infrastructure Funding Study (DIFS).

1.                  That the acceptance of a tender for Risk Assessment & Remedial Works on Water Systems Borough-Wide in Non-Housing Properties (2011- 2015) on terms outlined in the exempt report be approved.

2.                  That the contract is expected to commence from 1 October 2011 for a period of 4 years, with an optional extension of a further three years, as set out in the report, be noted.

1.         To note the work undertaken to date to the Outline Business Case for an  Education Support Services employee  led mutual.

2.         That the further development of a full business case be approved.

3.         To approve the commencement of a wider consultation on the proposal to set up an Education Support Services employee led mutual

4.         To note the procurement timetable to identify a potential private sector partner to assist in the establishment of the employee led mutual and instruct officers to commence the procurement process for a partner for LBHF, RBKC and Westminster’s School Support Services

5.         To delegate to the Cabinet Member for Children’s Services authority to approve the scope of the proposed contract and the Contract Notice to be published in the Official Journal of the European Union (OJEU).

6.         To delegate the decision on the final partner to the Leader of the Council in consultation with the Cabinet Member for Children’s Services and the Director of Finance and Corporate Services.

7.         To approve the proposal to commission the Support Services from the mutual for a four year period.

That approval is given to appoint Sport and Leisure Group Ltd trading as PlayFootball.net as the preferred bidder to undertake the works and services contract for the redevelopment of Hammersmith Park sports facilities selected and agreed by the Tender Appraisal Panel on 9 June 2011.

That authority be delegated to the Cabinet Member for Community Care, in conjunction with the Director of Community Services, to award the contract for the Drug Intervention Programme (DIP) and Open Access Service.

1.      That (in the particular circumstance of Walham Court, having excellent access to public transport and a high proportion of void spaces) authority is given (subject to any necessary Secretary of State consent under the Housing Act 1985) to commercially lease the currently surplus parking spaces at Walham Green Court, SW6 2DE, on such terms as outlined in this report and otherwise on terms the Director of Housing and Regeneration, Assistant Director (Legal and Democratic Services) and Head of Valuation and Property Services  consider appropriate.

2.      That the net revenue raised from the lease arrangements is used to recover the costs involved, and is set aside for Housing and Regeneration purposes and to contribute to delivering a balanced HRA as part of the HRA MTFS programme be approved.

3.      That the consultation programme with tenants on the further commercialisation of garages on Council estates and ancillary land be approved.

4.      That authority be delegated to the Cabinet Member for Housing, in conjunction with the Director of Housing and Regeneration, to approve any necessary procurement arrangements to engage a managing agent for the letting and management of parking facilities at Walham Green Court, on such terms as are indicated in this report and otherwise as the Director of Housing and Regeneration, Assistant Director (Legal and Democratic Services) and Head of Valuation and Property Services consider appropriate.

1. That approval be given to the acceptance of the most economically advantageous tender submitted by Severn Trent Metering Services Ltd.

2. To note that the contract is expected to start on 1 September 2011 for a period of 4 years, with an optional extension of a further three years.

1.                  To approve the proposal to bill leaseholders for future major works schemes, not yet consulted on, on an estimated basis.

2.                  To note the various proposed full payment options and agree in addition to the currently approved options :

a.            That leaseholders may be afforded a 2.5% reduction of their major works bill should payment be received within 30 days of the invoice date.

b.            An interest free repayment period for all major works charges paid within 36 months of the bill be issued subject to a signed payment agreement.

c.            A 5 year repayment period, the first 3 years being interest free and the remaining 2 years’ instalments accruing compound interest at 5% above Bank of England base rate, subject to a signed payment agreement.

That options b and c will not be available to non-resident leaseholders subletting their property (save, at officers discretion, in exceptional cases of under letting necessitated by mortgage arrears, secondment or hospitalisation, entry into a care home or circumstances of a similar nature). Nor will they be available to leaseholders who are resident but not occupying as their only or principal home, again save in such exceptional cases.

1. That authority be given to dispose of the twenty seven properties specified in the report (on such terms as are indicated in this report and otherwise as the Head of Asset Strategy and Portfolio Management and Assistant Director (Legal and Democratic Services) consider appropriate).

2. That the net capital raised from these disposals be used to recover the costs involved, set aside for housing and regeneration purposes and in so far as is possible to repay debt be approved.

3. That authority be delegated to the Cabinet Member for Housing, in conjunction with the Director of Housing and Regeneration, the Director of Finance and Corporate Services, the Assistant Director Building Property Management and the Assistant Director (Legal and Democratic Services), to tender out to source the property management for the remaining  properties in the portfolio (on such terms as are indicated in this report and otherwise as the Head of Asset Strategy and Portfolio Management and Assistant Director (Legal and Democratic Services) consider appropriate).

The Forward Plan was noted.

The summary was noted.

The summary was noted.

The Cabinet is invited to resolve, under Section 100A (4) of the Local Government Act 1972, that the public and press be excluded from the meeting during the consideration of the following items of business, on the grounds that they contain the likely disclosure of exempt information, as defined in paragraph 3of Schedule 12A of the said Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

That under Section 100A (4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the remaining items of business on the grounds that they contain information relating to the financial or business affairs of a person (including the authority)] as defined in paragraph 3 of Schedule 12A of the Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.

[The following is a public summary of the exempt information under S.100C (2) of the Local Government Act 1972.  Exempt minutes exist as a separate document.]

That the report be noted.

That the report be noted.

That the recommendations outlined in the exempt report be approved.

That the recommendations outlined in the exempt report be approved.

That the report be noted.

That the report be noted.

That the report be noted.

That the recommendations outlined in the exempt report be approved.

That the report be noted.

The summary was noted.

The Summary was noted.