Agenda, decisions and draft minutes

That the minutes of the meeting of the Cabinet held on 13 May 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 Ben Coleman.

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.

That Cabinet approves the contents and publication of Hammersmith & Fulham’s Hate Crime Strategy 2024 – 2028.

Councillor Rebecca Harvey, Cabinet Member for Social Inclusion and  Community Safety, introduced the report. This strategy’s four main objectives were to prevent hate crime and increase community cohesion, increase trust to encourage reporting of hate crimes, provide effective support to those affected it and to take coordinated action against perpetrators. The rise in Antisemitic and Islamophobic offences in London since the start of the conflict in the Middle East, highlighted the need for greater community cohesion and support for victims and witnesses of hate crime.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet approves the contents and publication of Hammersmith & Fulham’s Hate Crime Strategy 2024 – 2028.

1.    The existing FPN charge for the offence of leaving litter under section 88 of the Environmental Protection Act 1990 is increased from £80 (with an early repayment amount of £60) to £150 (with an early repayment amount set at £100).

2.    The existing FPN charge for waste deposit (fly tipping) offences involving larger deposits of waste and litter (for example 2 bags and above equivalent) under section 33ZA of the Environmental Protection Act 1990 is increased from £200 (with an early repayment amount of £150) to £1000 (with an early repayment amount set at £500).

3.    The council introduces a new FPN charge for breaches of the Household Waste Duty of Care under section 34(2A) of the Environmental Protection Act 1990 set at £400 (with an early repayment amount set at £250).

4.    The Council introduces these changes with effect from 01 July 2024.

Councillor Rebecca Harvey, Cabinet Member for Social Inclusion and  Community Safety, introduced the report proposing some minor amendments to the Cabinet report approved on 4 December 2017, which set out the Fixed Penalty Notices charges for Littering and Fly tipping offences.

Councillor Adronie Alford stated that residents should not be penalised for litter dropped from plastic bags on their gardens by rubbish collectors during collection.

The Leader agreed that this had been a frustrating issue, but it was decreasing since a new contractor had been appointed. It would decrease even more significantly by replacing plastic bags with refuse, food waste and recycling bins.

Bram Kainth, Strategic Director of Environment said that he was not aware of litter spillage being left behind since the new contractor had been appointed. However, if there was any specific instance that his was happening he would take it personally with the contractor to ensure it would not happen again.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    The existing FPN charge for the offence of leaving litter under section 88 of the Environmental Protection Act 1990 is increased from £80 (with an early repayment amount of £60) to £150 (with an early repayment amount set at £100).

2.    The existing FPN charge for waste deposit (fly tipping) offences involving larger deposits of waste and litter (for example 2 bags and above equivalent) under section 33ZA of the Environmental Protection Act 1990 is increased from £200 (with an early repayment amount of £150) to £1000 (with an early repayment amount set at £500).

3.    The council introduces a new FPN charge for breaches of the Household Waste Duty of Care under section 34(2A) of the Environmental Protection Act 1990 set at £400 (with an early repayment amount set at £250).

4.    The Council introduces these changes with effect from 01 July 2024.

This report has seven 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.

1.    To note that Appendices 1-7 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 note the status of the companies.

Councillor Rowan Ree, Cabinet Member for Finance and Reform introduced the report providing an update on the status of the companies owned by the Council. This update would be presented to Cabinet on a regular basis following the dissolution of the Commercial Revenue Committee.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1.    To note that Appendices 1-7 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 note the status of the companies.

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 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 Appendix 2 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.          Notes that Full Council approval will be sought for a total Development capital budget, including contingencies, to deliver the proposed new one form entry school and associated nursery and SEND facilities and new homes, to be funded through a combination of HRA  and GF borrowing, Right to Buy receipts and capital sales receipts from shared ownership and private leasehold sales, as set out in exempt Appendix 2.

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 3, to procure a principal construction contractor, using a single stage lump sum JCT standard form of building contract, on a design and build basis, via a two-step mini competition procurement route, using the preferred Notting Hill Genesis Framework Agreement (NHG).

That Full Council:

5.          Approves a total Development capital budget, to deliver the proposed new school, nursery and new homes. The budget will be funded through a combination of HRA and GF borrowing, Right to Buy receipts and capital sales receipts from shared ownership and private leasehold sales, as set out in exempt Appendix 2.

Councillor Andrew Jones, Cabinet Member for the Economy introduced the report setting out the latest stage of the redevelopment of Avonmore Primary School, which would provide a new primary school, enhanced nursery, and 91 new homes of which 50% would be affordable. This report was seeking approval for both a capital budget and the works procurement strategy for the principal construction contractor to complete the development.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.          Notes that Appendix 2 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.          Notes that Full Council approval will be sought for a total Development capital budget, including contingencies, to deliver the proposed new one form entry school and associated nursery and SEND facilities and new homes, to be funded through a combination of HRA  and GF borrowing, Right to Buy receipts and capital sales receipts from shared ownership and private leasehold sales, as set out in exempt Appendix 2.

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 3, to procure a principal construction contractor, using a single stage lump sum JCT standard form of building contract, on a design and build basis, via a two-step mini competition procurement route, using the preferred Notting Hill Genesis Framework Agreement (NHG).

That Full Council:

5.          Approves a total Development capital budget, to deliver the proposed new school, nursery and new homes. The budget will be funded through a combination of HRA and GF borrowing, Right to Buy receipts and capital sales receipts from shared ownership and private leasehold sales, as set out in exempt Appendix 2.

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.