Agenda and minutes

That the minutes of the meeting of the Cabinet held on 5 September 2022 be confirmed and signed as an accurate record of the proceedings, and that the outstanding actions be noted.

There were no apologies for absence.

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that 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 disclosable pecuniary interest or other significant 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.

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Standards Committee.

Councillor Sharon Holder and Councillor Wesley Harcourt presented the report proposing the Clean Air Neighbourhoods programme seeking to reduce many of the impacts of poor air quality and improve the health of residents. It proposed a range of measures and public realm area improvements, including new trees, greening, sustainable drainage systems, pedestrian safety improvements, cycling facilities and traffic access restrictions.

The Cabinet received four valid deputations on the proposals and each representative was permitted to address the Cabinet for 5 minutes.

With the Leader’s permission Mr Leo Murray was the first speaker to present his deputation. He represented W6 Safe Cycling Families, comprising 114 parents who cycled locally with their children. He offered their welcome for the Clean Air Neighbourhoods plans and were thankful for the Safer Cycle Pathway on King Street. As people felt safer, the number of people cycling on the local streets had increased considerably. They greatly appreciated the Council’s efforts to reduce the motor traffic to make local streets safer and lessen the air pollution.

Mr Murray stated that their three key priorities going forward were:

·         the Weltje Road / Rivercourt Road delta was not working well for cyclists due to heavy traffic, particularly around school gates times. Ideally these roads should be closed to through traffic at the start and the end of the school day, He asked it his could be implemented as part of the Ravenscourt Park CAN.

·         more cycle lanes on key main roads such as Wood Lane, Uxbridge Road and Goldhawk Road.

·         School Streets to be included in the plans.

The Leader thanked Mr Murray and asked Ms Natalie Lindsay, representing Wandsworth Bridge Road Association, to present her deputation.

Ms Lindsay noted their appreciation for the Council commitment to addressing the serious problem of air pollution in the borough, which affected every resident, and their support to the initiative of Clean Air Neighbourhoods. However, they were concerned that the safety of pedestrians and cyclists risked being overlooked in the scheme, both on boundary roads and within the zones. They asked that the treatments of boundary roads on the plans also took into consideration the road safety of pedestrian and cyclists. Likewise, to prioritise changes to the road that would protect users and encourage local drivers to cycle instead of driving, while improving the air quality. They urged the Council to give equal importance to traffic calming measures within CANs to control speeding.

The Leader thanked Ms Lindsay and invited the third speaker, Ms Nikita Crocker, representing Hammersmith & Fulham Clean Air Parents, to present her deputation.

Ms Crocker stated that Clean Air Neighbourhoods was the first step in recognising and tackling the danger of the levels of pollution caused by car dependency, especially on children who were at greatest risk. They asked that the Council looked beyond today and also considered plans for the future. They appealed for the Council to consider measures to mitigate against short local trips to offer the required protection to children going to  ...  view the full minutes text for item 4.

Councillor Alex Sanderson introduced the Early Intervention Strategy which outlined the Council’s strategic ambition to work together as a local partnership to support children, young people, and their families at the earliest opportunity from universal services through to targeted support where necessary. It aimed to create services which keep children safe, support them to thrive and ensure every child fulfils their potential.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet approves the publication of the Early Intervention Strategy attached at Appendix 1.

Councillor Rowan Ree stated that this report provided a financial update on the Council’s capital programme and requests approval for budget variations to the capital programme.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    To note the net forecast increase in forecast 2022/23 capital expenditure of £0.9m.  The variations are detailed in Appendix 2.

2.    To approve the updated four-year capital programme 2022-2026 of £681m as detailed in Appendix 1.

3.    To note the potential risks regarding the Housing Capital Programme, as summarised in paragraphs 21-23.

ITEMS 7 AND 8 WERE DISCUSSED TOGETHER

Councillor Sharon Holder stated that following the closured of Hammersmith Bridge in 2019, the Council was now working on the full strengthening and restoration of the Bridge and its re-opening to motor vehicles. The essential works proposed were required to move to the next stage. These works involved the removal of the two gas mains off the Bridge and diversion on an alternative route, the planning application for the innovative truss option, and further development of the contract and procurement of the full restoration so it was ready to progress once the stabilisation work was completed. This would ensure that the future project to strengthen the Bridge could be undertaken effectively with minimal technical risks.

The Leader stated that the original price estimate to stop the Bridge from collapsing into the river had been £46 million. He expressed his appreciation for the innovative approach led by Sharon Lea, the Interim Chief Executive, and Bram Kainth, Strategic Director of Environment, which not only considerably reduced the cost to stabilise the Bridge but also delivered better engineering results. The Council was legally obliged to reopen the Bridge but did not believe that residents should bear the cost of reopening. He stressed that the greenest and safest way to finally reopen the Bridge to motor vehicles was by introducing a toll to help covering the repair costs. He expected the stabilisation works to be completed by Christmas and the Bridge would be finally safe from collapsing. He thanked Councillor Wesley Harcourt for insisting on conducting a thorough reviewing of engineering on the Bridge which avoided its potential collapse.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.            To approve a new capital budget of up to £5m in 2022/23, to be funded from borrowing (increase to the Capital Financing Requirement), pending confirmation of two thirds funding contributions from the Department for Transport (DfT) and Transport for London (TfL).

2.            To approve this budget to fund:

1.       a diversion of a Cadent gas mains off and away from the bridge.

2.       the progression and obtainment of a planning application for a potential temporary truss.

3.       the further progression of contract/procurement development for options for the full refurbishment of Hammersmith Bridge.

This report has one appendix which contains information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendix have therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.         That Appendix 1 to this report is not for publication on the basis that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings, as set out in paragraphs 3 and 5 of Schedule 12A of the Local Government Act 1972 (as amended).

2.         To approve the Procurement Strategy for the full restoration of Hammersmith Bridge.

3.         To approve the overall procurement timetable and proposed evaluation framework (set out in Sections 7 and 10 in the Detailed Analysis of the Report).

4.         To note the financial matters set out in the Financial Impact Section of the Report.

This report has four appendices which contain information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and are not for publication. The appendices have therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

Councillor Sharon Holder stated that the Council’s current contract for the delivery of Waste, Street Cleansing & Recycling Services would expire on 29 January 2023. The new contract would help to meet the Council’s environmental objectives by allowing opportunities to minimise waste and increase recycling, including opportunities to collect more materials for recycling and reflecting the Council’s commitment to collect food waste.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    That Appendices 1, 2, 3 and 4 are not for publication on the basis that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

2.    To approve the award of the Contract to Veolia ES (UK) Limited for a period of 9 years and 9 months from 30^th January 2023 to 30^th October 2032, with an option to extend up to a further eight years. As agreed in the Procurement Strategy, there is an option for the Council to end the Contract on the fourth anniversary of the Services Commencement Date.

3.    To note that Food Waste collections will be implemented to eligible residential properties as prescribed by the Greater London Authority.

4.    To agree that decisions relating to the detailed implementation of provisional services contained within the service specification (garden waste and wheeled bin collections), as detailed in Section 19 of the report, are delegated to the Strategic Director of Environment in consultation with the Cabinet Member for Public Realm, the Cabinet Member for Climate Change & Ecology, and the Director of Finance.

This report has one appendix which contains information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendix has therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

Councillor Rowan Ree stated that the Council had worked hard to keep rents and service charges as low as possible but in order to be able to balance the Housing Revenue Account budget an increase was now necessary. However, the Council was proud to have the second lowest rental increase across the whole of London.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    That Appendix 1 is not for publication on the basis that it contains information relating to the financial or business affairs of a particular person (including the authority holding that information) and/or information in respect of which a claim to legal professional privilege could be maintained in legal proceedings as set out in paragraphs 3 and 5 of Schedule 12A of the Local Government Act 1972 (as amended).

2.    To approve an increase to the current rents that are charged to tenants, effective from 14 November 2022. This will be an additional 4.1% for the rest of 2022/23, bringing the total annualised rent rise for 2022/23 from 1.5% to 3.1%. Details are set out in paragraph 3.1. 

3.    To approve a change from fixed to variable service charges for tenants based on the up-to-date actual costs of providing tenant services, which will mean a variable level of increase for the majority of tenants (as set out in paragraph 3.2). 

4.    To approve the above changes to service charges with effect from 14 November 2022 and for future years.

This report has one appendix which contains information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendix has therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

Councillor Andrew Jones introduced the report seeking approval of a procurement strategy for a principal construction contractor, along with other recommendations that would enable the construction of the White City Central development.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.         That Appendix 6 is not for publication on the basis that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

2.         To approve the Procurement Strategy, as set out in Appendix 1, to procure a construction contractor on a design and build basis for the Development via an established and independent framework, that is independent from any of the contractors, in accordance with Public Contracts Regulations 2015.

3.         To delegate authority to the Strategic Head of Regeneration & Development, in consultation with the Director of Finance, to take any necessary steps to resolve matters arising from the grant of planning permission, including the authority to enter into any associated legal agreements arising from the delivery of the development and enabling deeds and agreements with statutory utility providers and third parties including the surrender and re-grant of a lease on existing sub-station, highways agreements, the granting of a new lease and any necessary appropriation of land which is surplus to requirements to expedite and secure the best use of the land.

4.         To delegate authority to the Strategic Director for the Economy, in consultation with the Director of Resources, to progress the appropriation of the Site for planning purposes and the use of powers under Section 203 of the Housing and Planning Act 2016 in order to authorise any interference with easements, covenants and other rights in respect of the Site including authorisation to take all necessary steps required in relation to any associated claims, settlements and legal agreements so as to enable the Development of the Site.

5.         To carefully considers the responses to consultation undertaken by the Council under Section 105 of the Housing Act 1985 in relation to the Development. The Section 105 consultation process will be completed by early 2023.

This report has one appendix which contains information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and is not for publication. The appendix has therefore been circulated to Cabinet Members only.

Any discussions on the contents of an exempt appendix will require Cabinet to pass the proposed resolution identified at the end of the agenda to exclude members of the public and the press the proceedings for that discussion.

Councillor Andrew Jones introduced the report seeking approval to enter into a funding agreement with the Greater London Authority (GLA), for the delivery of new affordable homes in Hammersmith and Fulham.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    That Appendix 1 is not for publication on the basis that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).

2.    To approve entering into a funding agreement with the GLA for the Affordable Housing Programme 2021-26 for funding the total amount of £32,304,000

3.    To delegate approval of variations to the terms of the funding agreement with the GLA (including grant amounts per project) to the Strategic Director for the Economy, in consultation with Director for Finance.

The Key Decision List was noted.

LOCAL GOVERNMENT ACT 1972 - ACCESS TO INFORMATION

Proposed resolution:

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 3 of Schedule 12A of the said Act, and that the public interest in maintaining the exemption currently outweighs the public interest in disclosing the information.       

There was no discussion of exempt elements.