Agenda, decisions and minutes

Apologies for absence were received from Councillor Bora Kwon.

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 agree in principle with the approach of a boroughwide prohibition of the burning of domestic and garden waste within the London Borough of Hammersmith & Fulham.

2. To note the resource requirements of undertaking this work and make the recommendation above understanding that further baseline evidence gathering will be required to produce a full proposal. It is expected enforcement of any prohibition would be made through the means of provision and adoption of a new local byelaw under S.235 of the Local Government Act 1972.

3. To delegate responsibility to the Executive Director for Place for decision-making and defining the parameters of the boroughwide prohibition of the burning of domestic and garden waste in consultation with Cabinet Member for Climate Change and Ecology, including the delivery programme, consultation, and potential eventual adoption of the byelaw.

The Leader, Councillor Stephen Cowan, stated that this was the first council in England to agree in principle with the approach of a boroughwide prohibition of the burning of domestic and garden waste.

Councillor Wesley Harcourt, Cabinet Member for Climate Change and Ecology, stated that the aim of the potential boroughwide prohibition of the burning of domestic and garden waste was to reduce air pollution in the borough. Around 14% of the borough’s particulate emissions for PM_2.5 could be attributed to domestic wood burning. This prohibition excluded barbeques and domestic fire-pits. It would also exclude any indoor wood burning.

To move forward a new local Byelaw would be made under Section 235 of Local Government Act 1972. This report outlined the implementation plan of any potential new Local Byelaw for this purpose.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1. To agree in principle with the approach of a boroughwide prohibition of the burning of domestic and garden waste within the London Borough of Hammersmith & Fulham.

2. To note the resource requirements of undertaking this work and make the recommendation above understanding that further baseline evidence gathering will be required to produce a full proposal. It is expected enforcement of any prohibition would be made through the means of provision and adoption of a new local byelaw under S.235 of the Local Government Act 1972.

3. To delegate responsibility to the Executive Director for Place for decision-making and defining the parameters of the boroughwide prohibition of the burning of domestic and garden waste in consultation with Cabinet Member for Climate Change and Ecology, including the delivery programme, consultation, and potential eventual adoption of the byelaw.

That Cabinet approves:

1.      That Appendix A is treated as confidential on the basis that it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings pursuant to Schedule 12A, paragraph 5 Local Government Act 1972.

2.      That Appendix B 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).

3.      Direct Award to the three incumbent providers (Castle Rock Group, Mihomecare and Sage Care) for a maximum of sixteen months from 1 April 2025 to 31 July 2026, keeping the existing allocation of packages in place. The total value is estimated to be £15.5m.

The Deputy Leader, Councillor Alex Sanderson, stated that following an unsuccessful procurement process this paper set out the direct award to the three incumbent providers for a maximum of sixteen months, keeping the existing allocation of packages in place, while a new procurement process was carried out.

Councillor Adronie Alford asked whether there were particular difficulties in getting another provider.  Councillor Sanderson replied that as some of the issues were confidential, she would come back to Councillor Alford in writing with a reply.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet approves:

1.      That Appendix A is treated as confidential on the basis that it contains information in respect of which a claim to legal professional privilege could be maintained in legal proceedings pursuant to Schedule 12A, paragraph 5 Local Government Act 1972.

2.      That Appendix B 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).

3.      Direct Award to the three incumbent providers (Castle Rock Group, Mihomecare and Sage Care) for a maximum of sixteen months from 1 April 2025 to 31 July 2026, keeping the existing allocation of packages in place. The total value is estimated to be £15.5m.

1. To note that Exempt 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. 

2. To approve LBHF to be formally part of the London Partnership 6.

3. To delegate authority to the Executive Director of Place, to manage and approve the agreements associated with LBHF’s position in the Partnership.

4. To approve the procurement of a concession contract for Electric Vehicle Charge Point (EVCP) services via an open or such other tendering process as the Executive Director of Place approves following a recommendation from the Assistant Director of Procurement and Commercial Services, led by the Lead Partner, in a collaborative procurement process.

5. To delegate authority to the Executive Director of Place, in consultation with the Executive Director of Finance and Corporate Services, to approve the procurement documents for market when they are finalised.   

Councillor Sharon Holder, Cabinet Member for Public Realm, introduced the report requesting approval to procure a service through a concession agreement via an open or such other tender process for the supply, installation, operation and maintenance of EV charge points in return for a revenue share at no capital cost to the Council. 

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

1. To note that Exempt 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. 

2. To approve LBHF to be formally part of the London Partnership 6.

3. To delegate authority to the Executive Director of Place, to manage and approve the agreements associated with LBHF’s position in the Partnership.

4. To approve the procurement of a concession contract for Electric Vehicle Charge Point (EVCP) services via an open or such other tendering process as the Executive Director of Place approves following a recommendation from the Assistant Director of Procurement and Commercial Services, led by the Lead Partner, in a collaborative procurement process.

5. To delegate authority to the Executive Director of Place, in consultation with the Executive Director of Finance and Corporate Services, to approve the procurement documents for market when they are finalised.   

For Cabinet to approve:

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. The strategy to procure a Public Realm Maintenance & Project Works Contract, covering Highways, Parks, and Housing for a total period of 10 years on a 7 + 3 (extension) model, effective from 1 April 2026.

3. The procurement strategy for a Public Realm professional services framework contract for a total period of 4 years, effective from 1 April 2026.

4. The variation of the ground maintenance contract by the withdrawal of the Councils Cemeteries and Burial arrangements from this contract and bring the service in-house.

Councillor Sharon Holder, Cabinet Member for Public Realm, introduced the report requesting approval to procure a Public Realm Maintenance & Project Works Contract, covering Highways, Parks, and Housing for a total period of 10 years. It also requests to approve the variation of the ground maintenance contract by the withdrawal of the Councils Cemeteries and Burial arrangements from this contract and bring the service directly in-house instead of by a contractor.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

For Cabinet to approve:

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. The strategy to procure a Public Realm Maintenance & Project Works Contract, covering Highways, Parks, and Housing for a total period of 10 years on a 7 + 3 (extension) model, effective from 1 April 2026.

3. The procurement strategy for a Public Realm professional services framework contract for a total period of 4 years, effective from 1 April 2026.

4. The variation of the ground maintenance contract by the withdrawal of the Councils Cemeteries and Burial arrangements from this contract and bring the service in-house.

That Cabinet:

1.      Resolves that the land edged red in Appendix 1 is no longer required for the housing purposes for which it is currently held as the buildings have been demolished for safety reasons following the Cabinet decision in 2019 and the Development pursuant to the Permission has commenced after extensive consultation.

2.      Notes the responses to consultations undertaken by the Council in relation to the proposed appropriation and Development detailed in Exempt Appendix 3.

3.      Notes the steps taken by the Council to identify all rights affected by the proposed appropriation and the reasons specified in paragraphs 7.46-7.51 (inclusive) of the ‘Detailed Analysis’ section of this report.

4.      Authorises the application to the Secretary of State pursuant to section19(2) of the Housing Act 1985 for consent to the appropriation.

5.      Subject to obtaining Secretary of State consent to the section19(2) application in 2.4 above   approves the appropriation of the land edged red, in Appendix 1 (“the Land”), from housing purposes, in which it is currently held, for planning purposes, , pursuant to section 122 of the Local Government Act 1972; as it will facilitate the carrying out of the Development of the Land edged red being a purpose in respect of which land could have been acquired by agreement pursuant to section 227 and compulsorily under section 226(1)(a) of the Town and Country Planning Act 1990 (“TCPA 1990”), subject to the Secretary of State’s consent being granted pursuant to the application under section 19 of the Housing Act 1985;

6.      Authorises the accounting adjustments that need to be made to the Housing and Revenue Account and the General Fund account to record the appropriation to planning purposes referred to above.

7.      Approves and authorises the use of the Council’s powers under section 203 of the Housing and Planning Act 2016 (“HPA 2016”) following the appropriation of the Land for planning purposes to override any easement, covenants, and other rights in respect of the Land edged red and authorises the taking of all necessary steps required in relation to any associated claims, settlements relating to compensation under section 204 of the HPA 2016. 

8.       Following the appropriation of the Land for planning purposes (2.5 above) and the Council engaging section 203 of the Housing and Planning Act 2016 (2.7 above) approves the appropriation of the Land, within which will be located the new residential units including the affordable housing, from planning purposes to housing purposes pursuant to section 232 of the TCPA 1990.

9.      Authorises the accounting adjustments that need to be made to the Housing and Revenue Account and the General Fund account to record the appropriation from planning purposes to housing purposes.

10.    Approves that Appendices 2 & 3, 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).

Councillor Andrew Jones, Cabinet Member for the Economy, introduced the report requesting approval to the use of the Council’s powers to appropriate the Land and engage Section 203 to ensure that the redevelopment plans could proceed, in accordance with the planning permission already granted, to provide 134 homes of which at least 112 would be affordable. This scheme would be built to full passivhaus standard. This would have no impact on the local residents regarding ownership or usage.

Councillor Frances Umeh, Cabinet Member for Housing and Homelessness stressed the need to move forward with this process in order to provide much needed energy efficient housing to the local community.

Councillor Wesley Harcourt, Cabinet Member for Climate Change and Ecology, highlighted the importance of the scheme been built to full passivhaus standard in terms of reaching the Councils target to climate change.

AGREED UNANIMOUSLY BY THE CABINET MEMBERS:

That Cabinet:

1.      Resolves that the land edged red in Appendix 1 is no longer required for the housing purposes for which it is currently held as the buildings have been demolished for safety reasons following the Cabinet decision in 2019 and the Development pursuant to the Permission has commenced after extensive consultation.

2.      Notes the responses to consultations undertaken by the Council in relation to the proposed appropriation and Development detailed in Exempt Appendix 3.

3.      Notes the steps taken by the Council to identify all rights affected by the proposed appropriation and the reasons specified in paragraphs 7.46-7.51 (inclusive) of the ‘Detailed Analysis’ section of this report.

4.      Authorises the application to the Secretary of State pursuant to section19(2) of the Housing Act 1985 for consent to the appropriation.

5.      Subject to obtaining Secretary of State consent to the section19(2) application in 2.4 above   approves the appropriation of the land edged red, in Appendix 1 (“the Land”), from housing purposes, in which it is currently held, for planning purposes, , pursuant to section 122 of the Local Government Act 1972; as it will facilitate the carrying out of the Development of the Land edged red being a purpose in respect of which land could have been acquired by agreement pursuant to section 227 and compulsorily under section 226(1)(a) of the Town and Country Planning Act 1990 (“TCPA 1990”), subject to the Secretary of State’s consent being granted pursuant to the application under section 19 of the Housing Act 1985;

6.      Authorises the accounting adjustments that need to be made to the Housing and Revenue Account and the General Fund account to record the appropriation to planning purposes referred to above.

7.      Approves and authorises the use of the Council’s powers under section 203 of the Housing and Planning Act 2016 (“HPA 2016”) following the appropriation of the Land for planning purposes to override any easement, covenants, and other rights in respect of the Land edged red and authorises the taking of all necessary steps required in relation to any associated claims, settlements relating to compensation under section 204 of the HPA  ...  view the full minutes text for item 8.

The Key Decision List was noted.

LOCAL GOVERNMENT ACT 1972 - ACCESS TO INFORMATION

Reports 5 to 8 have appendices which contain exempt information as defined in Schedule 12A of the Local Government Act 1972 and are not for publication. The appendices have been circulated to Cabinet Members only. Any discussion of the contents of an exempt appendix requires Cabinet to pass the proposed resolution below to exclude members of the public and the press from the proceedings for that discussion.

Proposed resolution for Item 5:

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 paragraphs 3 and 5 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.

Proposed resolution for Items 6, 7, and 8:

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.