Agenda and minutes

That the minutes of the meeting of the Cabinet held on 3 June 2019 be confirmed and signed as an accurate record of the proceedings, and that the outstanding actions be noted.

Apologies for Absence were received from Councillor Sue Macmillan.

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 Audit, Pensions and Standards Committee. 

Councillor Wesley Harcourt declared an interest in item 17 - Linford Christie Outdoor Sports Stadium - Outcome of Public Consultation, as he was the Chair of Wormwoods Scrubs Charitable Trust. He left the room and did not take part in the discussions and did not vote on the item.

1.    That Cabinet approve the termination of the existing agreement between Hammersmith & Fulham Council and RBKC pursuant to Section 113 of the Local Government Act 1972.

2.    That authority be delegated to the Strategic Director of the Environment in consultation with the Assistant Director of Legal and Democratic Services to finalise and approve the proposed sovereign borough Hammersmith & Fulham RIPA Policy for the exercise of RIPA powers in Hammersmith & Fulham (attached as Appendix 1). 

3.    That Cabinet approve the appointment of the Chief Officer, Safer Neighbourhoods & Regulatory Services, Environment Department, as the Senior Responsible Officer for Hammersmith & Fulham Council.

1.    To note that the 2018/19 budget required the delivery of £15.2m of savings.

2.    To note, subject to audit, the General Fund overspend of £1.6m net of unused budgeted contingency. The overspend has been charged against corporate earmarked reserves.

1.    To note the capital outturn for the year.

2.    To approve proposed technical budget variations to the capital programme as summarised in Table 1 and detailed in Appendix 2.

1.    To note the HRA provisional underspend of £3.779m, which is after the transfer of £5.302m of underspends to HRA reserves.

2.    To note the Housing capital programme outturn of £20.137m.

That this report be noted.

That officers be authorised to drawdown Section 106 and CIL monies as set out in section 4 of this report, to fund expenditure of £14,167,432 including £288,946 of monitoring and administration costs.

1.    To approve the Nourish Hub Procurement Strategy and Business Case, as defined in Appendix 1, leading to the procurement of a works contractor to deliver refurbishment works and fit out for the Nourish Hub, using an open process.

2.    To delegate to the Strategic Director for the Economy, in consultation with the Cabinet Member for Economy, the decision to award and enter into contract with the preferred bidder, up to a value of £980,000.

1.    Approves the continuation of the contract between the Council and the University of Hertfordshire in respect of the delivery of the Step Up to Social Work programme for a further period of 2 years from 26^th June 2019 at a total value of £478,000.

2.    Delegates the decision to approve a further two-year extension until August 2023, permitted under the contract, to the Director of Children’s Services in consultation with the Cabinet Member for Children and Education, and receive a report updating Cabinet on the progress and performance of the programme over the previous two years.

Councillor Lisa Homan stated that the Council’s number one priority was the safety and welfare of all residents. This report described the strategy of works to deliver Fire Safety Plus and other health and safety compliance works.  Further details would be subject to a future report.

In response to concerns raised by Charecroft Estate residents during the discussion of this item Councillor Lisa Homan confirmed that CCTV would be installed on stairwells in the buildings and she would inform the residents on the timetable once known.

David McNulty, Assistant Director Operations, explained that Charecroft Estate works would be delivered in two phases. Phase one was described in the report, Phase two would be subject to a future Cabinet report and would be fully liaised with residents.

In reply to a concern raised by a resident, David McNulty stated that he would investigate the issue related to the removal of fire safety doors and equipment from garages and would respond directly to residents.

The Leader stressed that fire safety was on the Council’s Manifesto and Fire Safety Plus had been created to go beyond the legal requirements.

RESOLVED:

1.    Approve the capital spending programme set out in this report at Appendix A, this to include commencement of the programme to be contained within the approved HRA capital programme budget up to £121,929,000.

2.    Extend the delegation given to the Cabinet Member for Housing on 20 September 2018 to award all contracts forming part of the Housing capital programme in accordance with the approved procurement strategy to include expenditure incurred in the financial year 2022/23.

Following the meeting the Leader endorsed and formally delegated the recommendation 2 above to the Cabinet Member for Housing.

This report has an 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 from the proceedings for that discussion.

1.      That Cabinet approves the outline strategic case for the Building Homes and Communities Strategy set out in Appendix A which aims to:

·         Build new, genuinely affordable housing which will help maintain the borough’s vibrant social mix;

·         Supports the Council’s Business Plan priority of ‘Building Shared Prosperity’;

·         Renew key community assets, including schools and leisure centres; and

·         Generates income to reinvest in frontline services

2.      That Cabinet notes the approach to consultation and engagement including:

(a)  the principle that no individual scheme can proceed without substantial resident involvement

(b)  the interdependency between the strategy and the Defending Council Homes policy currently in development 

(c)  the establishment of a resident panel to provide oversight of consultation on individual schemes as an integral part of the development gateway process.

3.      That Cabinet approves the outline programme with further work being undertaken to assess feasibility of individual schemes and procure design work where schemes pass the relevant development gateway.

4.      That Cabinet approves budget of up to £230,000 for feasibility studies and project management costs for General Fund schemes identified at appendix C, funded from previously approved developer contributions.

5.      That Cabinet approves budget of up to £1,484,119 in relation to HRA schemes set out at appendix B for initial business case, design and survey costs to enable the Council to develop these schemes to outline design (RIBA stage 1) funded from right to buy receipts, grants, developer contributions, borrowing or reserves.

6.      That Cabinet approves that a core programme team capital budget of up to £2,134,800 over the current capital programme to 2022/23 to be recovered from capital project costs, where these can be capitalised.

7.      That Cabinet notes a future financial requirement of up to £6,990,150 to allow the Council to develop HRA schemes set out at appendix B to allow the Council to develop those schemes identified as feasible to planning (RIBA stage 3). This will require further approvals in line with the Council’s Constitution and Financial Regulations.

8.      That Cabinet notes a future financial requirement of up £2,165,958 for initial business case, design and survey costs to enable the Council to develop General Fund schemes set out at appendix B to outline design (RIBA stage 1). This will require further approvals by Cabinet.

9.       That Cabinet notes a future financial requirement of up to £12,336,980 to allow the Council to develop General Fund schemes set out at appendix B to planning (RIBA stage 3) if they are considered viable. This will require further approvals in line with the Council’s Constitution and Financial Regulations.

10.   That Cabinet delegates the decision to commit expenditure to progress schemes within the outline programme from RIBA stage 0 (strategic definition) to RIBA stage 3 (developed design) to the Strategic Director for the Economy, in consultation with the Strategic Director, Finance and Governance in line with the above budget approvals.

11.   That Cabinet delegates identification of funding of the above budget approvals to achieve RIBA stage 0 to 3 to the Strategic Director, Finance and  ...  view the full minutes text for item 25.

This report has two appendices which contain information exempt within the meaning of Schedule 12A to the Local Government Act1972 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 from the proceedings for that discussion.

1             That Cabinet approve the surrender of the current lease granted to Grove Neighbourhood Centre, Bradmore Park Road and to agree a community asset transfer of freehold interest.

2             To delegate to Strategic Director, The Economy in consultation with Cabinet Member for Finance and Commercial Service as well as Assistant Director of Law to agree to the legal property transfer document to be completed.

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 from the proceedings for that discussion.

The Leader stated that the Council was committed to build affordable homes but was also committed to protect the Shepherd's Bush Market traders. This report was only the beginning of a consultation and concerns raised would be taken into account.

James Horada, Chair of the Shepherd's Bush Market Tenants' Association, raised concerns in relation to the linear nature of the market being compromised and the proposal to relocate 20 market units, affecting 15 market trader tenants. This could cause a loss of trade, continuity and affect the value of the premises. There was no certainty that the empty units would be kept.

He was also concerned that the access to the market could be compromised.

Councillor Andrew Jones stated that he had met with the traders on the previous week and had discussed the Council’s commitment to protect the heritage of the linear nature of the Shepherd's Bush Market and to keep the traders within the market. There would be further discussions once a feasibility study had been carried out, including the access to the market.

RESOLVED:

1.    That Cabinet approves a budget of up to £1.3m funded from HRA borrowing for the Council’s share of the Old Laundry Yard professional fees to enter into a Development Management Agreement with U+I and submit a planning application and the associated costs.

2.    That Cabinet approves the set-aside of HRA reserves of £1,300,000 to mitigate the risk of potential write off of capital costs should the scheme not proceed.

3.    That Cabinet agrees to waive the usual tendering requirements of Contract Standing Order 10 pursuant to the procedure in CS03 on the grounds that the circumstances are covered by legislative exemptions, to permit the direct award of the Development Agreement.

4.    That the Council enters into the Heads of Terms and Development Management Agreement with U+I or any subsidiary company guaranteed by U+I, which are required to facilitate the delivery of the Old Laundry Yard.

5.    To delegate authority to the Strategic Director for The Economy, in consultation with the Cabinet Member for the Economy and the Arts and the Assistant Director of Legal and Democratic Services, to finalise and complete negotiations with U+I in order to give effect to the decision in 2.3 above.

6.    Resolves that the area of land at Old Laundry Yard, Pennard Road referred to in this report and shown edged red, coloured yellow on the plan at Appendix 1 is no longer required for the purpose for which it is currently held in the HRA.

7.    To approve in principle the appropriation of the area of land as shown edged red at Appendix 1, for the planning purposes of facilitating redevelopment for residential and other uses pursuant to section 122 of the Local Government Act 1972 which will enable the Council to override easements, covenants and other third party rights in respect of the land pursuant to section 203 of the Housing and Planning Act 2016 and note that final approval will be subject to a  ...  view the full minutes text for item 27.

This report has an 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 from the proceedings for that discussion.

1.    To approve the direct award of the contract between the London Borough of Hammersmith and Fulham and Northgate Public Service (UK) Ltd from 1 July 2019 to 1 July 2020.

2.    To approve awaiver of Contract Standing Orders(CSOs) to allow the contract to be awarded to Northgate Public Services (UK) Ltd at a value of £394,000 for a full year.

3.    To approve the delegation of authority to the Strategic Director for the Economy in consultation with the Cabinet Member for Housing to authorise a contract extension of up to six months between the London Borough of Hammersmith and Fulham and Northgate Public Services (UK) Ltd, to allow for mobilisation of the new housing ICT contract.

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

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

Councillor Wesley Harcourt declared an interest in the item.  He left the room and did not take part in the discussions and did not vote on the item.

In response to a question from Councillor Sue Fennimore, Jo Rowlands, Strategic Director for The Economy, provided an update in relation to QPR’s position. There was still uncertainty regarding their finance. She added that QPR was considering a site outside the borough, in Ealing.

RESOLVED:

That Cabinet:

1.    Carefully consider all the responses to the consultation including officers’ comments in paragraph 5 as well as full details in Appendix 1 of this report.

2.    Note there is public support for a major intervention at the Linford Christie Outdoor Sports Stadium.

That subject to the Trust approving the recommendations of the report to the Wormwood Scrubs Charitable Trust Committee dated 26^th June that Cabinet:

3.    Note the report to Wormwood Scrubs Charitable Trust Committee of 26 June, attached as Appendix 2 and agree the Procurement Strategy as set out as an exempt appendix of that report.

4.    Delegate authority to the Strategic Director for the Economy, in consultation with the Chair of the Trust, to award contracts to multi-disciplinary advisors and enter into any other legal agreements which become necessary to obtain an Outline Business Case on behalf of the Trust.

5.    Allocate a budget of £397,500 to progress the Outline Business Case on behalf of the Trust which will be funded from Community Infrastructure Levy receipts.

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.       

None.