Agenda, decisions and minutes

That the minutes of the meeting of the Cabinet held on 17 April 2023 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.

1.     To approve the decision to remain with London Consortium Community Equipment Framework, managed by RBKC and WCC who have awarded the NRS contract for 5+2 years.

2.     To enter into a ‘Call-off’ agreement from the 1 April 2023 to 31 March 2028 with a potential extension for 2 years from the above-mentioned framework to appoint NRS as the Council’s supplier of Community Equipment, Assistive Technology and Minor Adaptations.

3.     To approve the £13,723,200 as the total value for seven years

Councillor Ben Coleman introduced the report seeking to approve the decision to remain with London Consortium Community Equipment Framework. The consortium created a framework for London based Social Care and Health Services to buy community equipment. The framework reached an end and the consortium went through a procurement for a new provider (NRS) to supply community equipment. The report recommended to stay with the consortium for another 5+2 years.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.     To approve the decision to remain with London Consortium Community Equipment Framework, managed by RBKC and WCC who have awarded the NRS contract for 5+2 years.

2.     To enter into a ‘Call-off’ agreement from the 1 April 2023 to 31 March 2028 with a potential extension for 2 years from the above-mentioned framework to appoint NRS as the Council’s supplier of Community Equipment, Assistive Technology and Minor Adaptations.

3.     To approve the £13,723,200 as the total value for seven years

1.    To approve the procurement of a framework contract for an unattended CCTV camera system set out in this strategy.

2.    To note that the contract will be for 4 years, and the annual tender value will range from £0 to £15 million per participating Borough.

Councillor Sharon Holder introduced the report setting out the procurement strategy for Unattended CCTV goods and services.

Councillor Adronie Alford voiced her concerns in relation to unattended CCTV surveillance invading residents’ privacy and targeting motorists.

The Leader agreed that privacy was important, however, CCTV system was a necessary means to protect residents from acts of organised crime, terrorism and anti-social behaviour and helped identifying criminals. It was important to achieve a balance between privacy and safety.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    To approve the procurement of a framework contract for an unattended CCTV camera system set out in this strategy.

2.    To note that the contract will be for 4 years, and the annual tender value will range from £0 to £15 million per participating Borough.

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.

That Cabinet:

1.         Notes 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.         Approves a total Development capital budget, including contingencies, of £18,807,236 of which £1,569,947 has already been approved to deliver the proposed new homes to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against the above budget subject to the continued viability of the Development.

4.         Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis, for the Development, via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy in consultation with the Assistant Director of Legal Services, 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 stopping up or diversion of footpaths necessary to enable the Development to be carried out pursuant to section 257 of the Town and Country Planning Act 1990 and consider and decide any necessary appropriation to expedite and secure the best use of the land.

6.         Confirms that the Site comprising a vacant three storey building, together with outbuildings which is currently held in the General Fund is no longer required for the current purpose for the reasons specified in paragraph 4 and 5 of the ‘Detailed Analysis’ section of this report.

7.         Approves the appropriation of this Site for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate the carrying out of redevelopment in relation to the land pursuant to section 226(1)(a) of the Town and Country Planning Act 1990).

8.         Delegates authority to the Strategic Director for the Economy, inconsultation with the Assist Director of Legal Services, to carry out such steps as are necessary to effect the appropriation of the Site for planning purposes under section 122 of the Local Government Act 1972 and subsequently engage the 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 relating to compensation under section 204 of the Housing and Planning Act 2016 and other legal agreements so as to  ...  view the full decision text for item 6.

Councillor Andrew Jones introduced the report seeking approval for a further capital budget, and the procurement strategy for the principal construction contractor to enable the successful delivery of the development from the construction phase to practical completion. The scheme would redevelop the vacant brownfield site to provide 31 new homes of which 16 (52%) would be affordable homes. The development would be built to Passivhaus certified standards, reducing onsite carbon emissions by 80% and delivering substantial energy savings to new residents.

Councillor Jones added that the Council’s ambition was to maximise affordable housing across its development programme therefore, it would be looking in the future to increase its proportion to above 52%.

The Leader commended the report and praised Councillor Jones for the scheme proposal.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.         Notes 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.         Approves a total Development capital budget, including contingencies, of £18,807,236 of which £1,569,947 has already been approved to deliver the proposed new homes to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against the above budget subject to the continued viability of the Development.

4.         Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis, for the Development, via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy in consultation with the Assistant Director of Legal Services, 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 stopping up or diversion of footpaths necessary to enable the Development to be carried out pursuant to section 257 of the Town and Country Planning Act 1990 and consider and decide any necessary appropriation to expedite and secure the best use of the land.

6.         Confirms that the Site comprising a vacant three storey building, together with outbuildings which is currently held in the General Fund is no longer required for the current purpose for the reasons specified in paragraph 4 and 5 of the ‘Detailed Analysis’ section of this report.

7.         Approves the appropriation of this Site for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate the carrying out of  ...  view the full minutes text for item 6.

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.

That Cabinet:

1.         Notes 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.         Approves a total Development capital budget, including contingencies, of £25,218,839 of which £1,802,000 has already been approved, to deliver the proposed new homes and to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against this contingency budget subject to the continued viability of the development.

4.             Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded yellow on the plan at Appendix 5 is no longer required for the current purpose for which it is held as specified in paragraphs 3 of the ‘Detailed Analysis’ section of this report.

6.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded yellow for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate the carrying out of redevelopment of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990)on being satisfied that  the specified area is surplus and is no longer necessary for the current purpose for which it is held .

7.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded pink and edged blue on the plan at Appendix 5 is no longer required for the purposes for which it is currently held as specified in paragraph 3 of the ‘Detailed Analysis’ section of this report.

8.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded blue for planning purposes pursuant to section 122 of the Local Government Act 1972 as it will facilitate  the carrying out of redevelopment in relation of the Site pursuant to section 226(1)(a) of the Town and Country Planning Act 1990) on being satisfied that the part of the Site shaded blue is no longer necessary for the current purpose for which it is held.

9.         Delegates authority to the  ...  view the full decision text for item 7.

Councillor Andrew Jones introduced the report seeking approval for a capital budget, the procurement strategy for the principal construction contractor and the appropriation of the Site for planning purposes for its redevelopment. The proposed scheme would see the redevelopment of the Site, which currently included the West Kensington Tenants & Residents (TRA) Hall and a disused former Nursery. The development would provide 42 new homes, 21 (50%) affordable, and a replacement TRA Hall. The sustainability of the scheme had been maximised; designed to be built to Passivhaus certified standards, reducing onsite carbon emissions by 71% and delivering substantial energy savings to new residents.

As per the Farm Lane report, Councillor Jones added that the Council’s ambition was to maximise affordable housing across its development programme therefore, it would be looking in the future to increase its proportion.

Councillor Adronie Alford stated that she was happy with the scheme but had concerns about the heat pumps due to bad reviews from residents. It was important to ensure they worked properly.

The Leader acknowledged that heat pumps were a new technology and therefore the Council would be monitoring them closely to ensure good performance and reliability.

The Leader commended the report and praised Matt Rumble, Strategic Head of Regeneration & Development, for his excellent work on this scheme.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.         Notes 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.         Approves a total Development capital budget, including contingencies, of £25,218,839 of which £1,802,000 has already been approved, to deliver the proposed new homes and to be funded through a combination of HRA borrowing, Right to Buy receipts and capital receipts from private sales as set out in exempt Appendix 1.

3.         Authorises the Strategic Head of Regeneration and Development to take decisions on expenditure against this contingency budget subject to the continued viability of the development.

4.              Approves the Procurement Strategy, as set out in Appendix 2, to procure a principal construction contractor, using a JCT standard form of building contract, on a design and build basis via the open Find a Tender Service (FTS) procurement route.

5.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to carry out the appropriate procedural steps to identify all rights affected and consider whether the area shown shaded yellow on the plan at Appendix 5 is no longer required for the current purpose for which it is held as specified in paragraphs 3 of the ‘Detailed Analysis’ section of this report.

6.         Delegates authority to the Strategic Director for the Economy, in consultation with the Assistant Director of Legal Services to appropriate that part of the Site shaded yellow for planning purposes pursuant to section 122 of the Local Government  ...  view the full minutes text for item 7.

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.