Agenda, decisions and draft minutes

That the minutes of the meeting of the Cabinet held on 15 April 2024 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 Andrew Jones.

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.

This report has three appendices which contain information exempt within the meaning of Schedule 12A to the Local Government Act 1972 and are not for publication.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 with restrict access.

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    Notes that Appendices 2, 3 and 4 are not for publication on the basis that they contain information relating to the financial or business affairs of any person (including the authority holding that information) and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. Approves the terms of the acquisition and disposal of the Developer’s Land based on the heads of terms attached at Exempt Appendix 2 (“Heads of Terms”). This constitutes an agreement to:

(i)            enter into the Heads of Terms and Land Swap and Development Agreement and any associated agreements with YCSBL or any subsidiary company guaranteed by YCSBL, which are required to facilitate the delivery of the transaction envisaged in the Heads of Terms;

(ii)          approve the procurement strategy for the award of the Land Swap and Development agreement to YCSBL by way of an award under the negotiated procedure without prior publication of a contract notice;

(iii)         approve the award of the Land Swap and Development agreement to YCSBL;

(iv)         delegate authority to the Strategic Head of Regeneration and Development, in consultation with the Cabinet Member for the Economy and the Arts and the Assistant Director of Legal Services, to finalise and complete negotiations with YCSBL in order to give effect to the decision in (ii and iii) above;

3. Authorises the Assistant Director of Legal Services, or an authorised delegate on their behalf, to settle and execute on behalf of the Council all the necessary documents and public notifications required to implement the recommendations in this report.

4.    Approves an additional £755,000 capital budget required to cover the remaining professional fees and Stamp Duty Land Tax. This budget will be financed by HRA borrowing, unless S106 or other external funding is available to fund these costs.

In the absence of Councillor Andrew Jones, the Cabinet Member for the Economy, the Leader introduced the report. It requested approval of a range of recommendations to provide new affordable housing across the borough, improve the Shepherd’s Bush Market and contribute towards the wider regeneration of Shepherds Bush. The Leader stressed that it was of the upmost importance to the Council to develop the local economy and to provide homes where people could live and become part of the community.

In response to a question form Councillor Adronie Alford, Matt Rumble, Strategic Head of Area Regeneration, replied that there would be two separate access routes on the site.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.    Notes that Appendices 2, 3 and 4 are not for publication on the basis that they contain information relating to the financial or business affairs of any 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. Approves the terms of the acquisition and disposal of the Developer’s Land based on the heads of terms attached at Exempt Appendix 2 (“Heads of Terms”). This constitutes an agreement to:

(i)            enter into the Heads of Terms and Land Swap and Development Agreement and any associated agreements with YCSBL or any subsidiary company guaranteed by YCSBL, which are required to facilitate the delivery of the transaction envisaged in the Heads of Terms;

(ii)          approve the procurement strategy for the award of the Land Swap and Development agreement to YCSBL by way of an award under the negotiated procedure without prior publication of a contract notice;

(iii)         approve the award of the Land Swap and Development agreement to YCSBL;

(iv)         delegate authority to the Strategic Head of Regeneration and Development, in consultation with the Cabinet Member for the Economy and the Arts and the Assistant Director of Legal Services, to finalise and complete negotiations with YCSBL in order to give effect to the decision in (ii and iii) above;

3. Authorises the Assistant Director of Legal Services, or an authorised delegate on their behalf, to settle and execute on behalf of the Council all the necessary documents and public notifications required to implement the recommendations in this report.

4.    Approves an additional £755,000 capital budget required to cover the remaining professional fees and Stamp Duty Land Tax. This budget will be financed by HRA borrowing, unless S106 or other external funding is available to fund these costs.

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 an item of business, on the grounds that it contains 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.