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Decisions

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Decisions

16/01/2020 - WALTHAM FOREST SERVICES LTD BUSINESS PLAN UPDATE ref: 3402    For Determination

The Committee is recommended to note company performance. 

Decision Maker: Shareholder Committee

Made at meeting: 16/01/2020 - Shareholder Committee

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

The Shareholder Committee is recommended to note the progress as detailed in the report.

 

OPTIONS & ALTERNATIVES CONSIDERED

This is an update report and as such, there are no options or alternatives. 

 

Wards affected: (None Specific);

Lead officer: John Hubbard


16/01/2020 - LONDON BUSINESS RATES POOL 2020/21 ref: 3398    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)          recommend that Council approves the Council’s membership of the London-wide business rates Pooling arrangement for 2020/21;

(2)          noted that the lead authority would be the City of London Corporation for the duration of the pool; and

(3)          delegated to the Director of Finance and Governance in consultation with the Leader, authority to enter into any provisional agreements necessary to secure the Council’s place in the pilot pending any decision by Full Council.

 

OPTIONS & ALTERNATIVES CONSIDERED

The Council has an option to not enter the London wide pool but would forsake c£0.3m benefit in the process and would lose collaborate links with all other London councils, all of which have entered the pool.

 

 


16/01/2020 - FORMER EMD CINEMA - PROJECT DELIVERY AND BUDGET UPDATE ref: 3401    For Determination

Cabinet is recommended to approve to increase the construction budget and contingency allowances for the delivery of the project.

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)   approved a total project budget of £25 million pending the outcome of applications for project grant funding that have been made to the Greater London Authority (GLA) and National Heritage Lottery Fund; and

 

(2)   noted the identified risks that are yet to materialise in the delivery of the project, given the level of unknown building repairs for a 90-year-old semi-disused historic building, and the allowances for contingencies          that have been set aside to manage them.

 

OPTIONS & ALTERNATIVES CONSIDERED 

Design development to date has been subject to value engineering exercises in order to reduce the additional cost to the Council, and to find improvements and efficiencies. There are changes that have been introduced following consultation with stakeholders to ensure that the function of the theatre and business case assumptions are not compromised.  These include:

Value Engineering Option

Benefits

Building a platform to increase the rake of the stalls

Much improved sightlines.

Reduces cost

Avoids risky internal excavation

Reduce back of house extension by one storey

Reduces visual impact to neighbours.

Cost saving

Better access to community facilities.

Relocate mechanical services plant to rear of upper circle

Reduces requirement to make structural adaptions to structurally Auditorium.

Reduces acoustic interference.

Minor cost saving difficult new extensions

Officers are attempting to further reduce the impact of the additional costs detailed in this report, by applying for grants from external agencies.

An application to the Greater London Authority has been made for Round 3 Good Growth Fund bids, and an Expression of Interest submitted to National Heritage Lottery Fund. Neither bid is secured, but in each case the Council has been invited to progress to the next stage of the application process.

The project team are consulting with Historic England regarding a contribution to an element of conservation or repair work under its Repair Grants for Heritage at Risk Programme, albeit bidding is highly competitive and there is no guaranteed success in each bid.

Paragraph 3.15 refers to the additional cost of providing the technical infrastructure and fittings for a functioning theatre. The Council is not meeting the full cost of this but is consulting with Soho Theatre, so that performance-related equipment in the stage engineering, lighting and audio-visual installations are met and managed by the theatre operator.

 

 

Wards affected: High Street;

Lead officer: Michael Rush


16/01/2020 - FINANCIAL MONITORING: MONTH 8 (NOVEMBER) ref: 3399    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)          agreed that Strategic / Executive / Service Directors continue to identify management actions to mitigate any reported pressures and report those mitigations to the Director of Financial Services, which is in line with financial ground rules agreed by Cabinet in Month 2 budget monitoring report;

(2)          noted that the anticipated outturn at month 8, will be in line with budget following the MTFS refresh (as reported to Cabinet in September 2019), service mitigation / plans provided (agreed in para 2.1.1 of the report), and the potential use of corporate resources to maintain a balanced position at year-end;

(3)          agreed the restricted use of contingency budgets for new initiatives for the remainder of this year with the remaining contingency budget being used to manage directorate pressures; and

(4)          approvedthe London Councils Grants Scheme contribution for 2020/21 of £207,123.

 

OPTIONS & ALTERNATIVES CONSIDERED

Much of this report is concerned with provision of information, for which alternative options is not a relevant consideration.

 


16/01/2020 - IMPROVE INCLUSION: OUR ALTERNATIVE PROVISION OFFER FOR SCHOOLS AND FAMILIES ref: 3392    For Determination

Cabinet is recommended to:

 

  1. Agree new strategic outcomes for the provision
  2. Introduce a new operating model designed to ensure that young people can receive the best intervention and outcomes for their personal circumstances
  3. Introduce a new governance arrangement that will strive to deliver a better start for all children and young people at risk of exclusion
  4. Offer new, dedicated, specialist provision delivered by specialist providers to address specific needs effectively
  5. Adopting a new approach to the commissioning of alternative provision
  6. Offering a new, integrated provision to new entrants from other countries

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)         noted the ‘Review of Alternative Provision Report’ at Appendix 1 to the report;

 

(2)         noted the responses to the consultation undertaken on the proposed new ‘Inclusion and Alternative Provision Strategy and Operating Model’ at Appendix 3 to the report;

 

(3)         agreed the ‘Inclusion and Alternative Provision Strategy and Operating Model’ approach to be developed into a formal strategy document, to be further reviewed by Cabinet in Spring 2020 (Appendix 2 to the report refers)

 

(4)         agreed to decommission the Forest Pathways provision from the Hawkswood group and commission with George Monoux College;

 

(5)         noted the proposal to develop new specialist inclusion provision based in mainstream schools, and to commence negotiation with schools, to support young people at risk of exclusion as set out in paragraph 3.3 of the report; and

 

(6)         noted the proposal to develop plans to replace the existing Burnside Secondary School PRU (issues set out in paragraph 3.4 of the report) with a new specialist provision using capital SEND funding already secured.  Site feasibility and plans will be further reviewed by Cabinet in Spring 2020.

 

OPTIONS & ALTERNATIVES CONSIDERED

Making improvements/building adjustments to Burnside Secondary School PRU has been considered as an alternative option.  However, the site is too small to expand on to address capacity concerns and the building continually requires on-going repair and maintenance. The most cost-effective option long term would be building a new school.  As indicated, site feasibility and plans will be further reviewed by Cabinet in Spring 2020 and other options will continue to be considered as part of that programme of work.

Members could decide not to agree the ‘Inclusion and AP Strategy and Operating Model’ document. This is not recommended as this would not be in keeping with the recommendations from the Timpson report and would not provide the local authority with a framework under which to support some of our most vulnerable children and keep those that could stay in mainstream education within a mainstream setting.

Members could decide not to agree the change to Forest Pathways provision.  The recommended option to decommission the Forest Pathways provision from the Hawkswood group and commission with George Monoux College offers greater benefit for the reasons outlined in this report.

 

Wards affected: (All Wards);

Lead officer: David Kilgallon


16/01/2020 - APPROPRIATION OF LAND REQUIRED TO REDEVELOP REAR OF CENTRAL PARADE FOR NEW HOUSING ref: 3400    For Determination

Cabinet is recommended to:

 

(1)  Approve the appropriation of land to the rear of Central Parade, Walthamstow E17  for planning purposes under Section 122 of the Local Government Act 1972 to facilitate the development of a new homes and commercial space;

(2)  Enable Section 203 of the Housing and Planning Act 2016 to override easements and other rights to the appropriated site. 

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)           agreed the approach to negotiating third-party rights before using powers to address them under Section 203 of the Housing and Planning Act 2016, as referred to in Section 3.2 of the report;

 

(2)           subject to implementing the approach for negotiating third-party rights, agreed to appropriate the land shaded blue on the plan (attached at Appendix 3 to the report) for planning purposes under Section 122 of the Local Government Act 1972;

 

(3)           authorised the Commercial Director - Property and Delivery, in consultation with the Director of Housing and the Director of Governance and Law, to use powers under Section 203 of the Housing and Planning Act 2016 to address third-party rights over the land shaded blue on the plan at Appendix 3 of the report; and

 

(4)           authorised the Commercial Director - Property and Delivery and the Director of Governance and Law to deal with all necessary legal arrangements to effect the appropriation where deemed necessary, to seek consent from the Secretary of State.

 

OPTIONS & ALTERNATIVES CONSIDERED

 

The alternatives to appropriating the land would be to proceed with the risk of injunction or to deliver a much-reduced scheme that is not financially viable. The alternative scheme would deliver an identical amount of ground floor retail / commercial space, under-utilising the site, and would do nothing to support the Council’s housing growth plans.

 

 

Wards affected: High Street; Hoe Street;

Lead officer: Aiden McManus


16/01/2020 - LOCAL FUNDING FORMULA FOR SCHOOLS 2020/21 ref: 3393    For Determination

Cabinet is recommended to approve the draft 2020/21 Schools Block Local Funding Formula for 5 - 16 year olds.

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)          approved the draft Schools Block Local Funding Formula for 2020/21 for 5 to 16 year olds attached as Appendix A to the report; and

(2)          noted the proposal of the DfE that a condition of the Dedicated Schools Grant (which comprises four blocks of funding: Schools, High Needs, Early years and Central School Services) that the General Fund cannot not meet any deficit in the DSG in 2019/20 or from 2020/21.

 

OPTIONS & ALTERNATIVES CONSIDERED

In October 2019 Schools Forum considered the following models:

Model

APT used*

MFG

Uplift

Scale**

A

2019-20

0%

None

17.4%

B

2019-20

+ 0.5%

None

60.8%

C

2019-20

+0.5%

+1.84%

100%

D

2020-21

+0.5%

+1.84%

5.85%

E

2020-21

+1.0%

+1.84%

17.04%

F

2020-21

+1.84%

+1.84%

100%

*The APT is the Authority Proforma Tool issued by the ESFA that the LA must use to allocate Schools Block funding.  The 2020-21 APT referred to in the table is not the final version and is still based on October 2018 census data.  It was issued by the ESFA for modelling purposes and allowed the new range of MFGs to be used.

**Scale means the extent to which gains under the LFF are scaled back to pay for the MFG

Schools Forum considered the detailed MFG calculation for a sample of 10 schools on each of the six models in Appendix 3 to illustrate how the headline changes translate into the final post MFG budget and post MFG per pupil amount. 

Schools Forum requested that officers model the impact of moving towards NFF funding factors over a transitionary period. As the Schools Block will increase by a larger percentage than in recent years this will offer greater scope to move towards the NFF.

In November 2019 Schools Forum considered the following models:

G1

NFF Factors

MFG +1.84%

G2

NFF Factors

MFG +1.00%

G3

NFF Factors

MFG +0.50%

H1

Average of LFF factors for 2019-20 & NFF factors

MFG +1.84%

H2

Average of LFF factors for 2019-20 & NFF factors

MFG +1.00%

H3

Average of LFF factors for 2019-20 & NFF factors

MFG +0.50%

Schools Forum agreed to use Model G1.

 

 

Wards affected: (All Wards);

Lead officer: Duncan James-Pike


16/01/2020 - FUEL POVERTY STRATEGY 2020 - 2025 ref: 3396    For Determination

Cabinet to approve the new Fuel Poverty Strategy 2020 – 2025 and give their support to the action plan laid out in the Strategy.

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)          approved the new Fuel Poverty Strategy 2020 – 2025;

(2)          noted that the Health and Wellbeing Board will oversee progress of the Fuel Poverty action plan; and

(3)          delegated approval to the Director of Housing, in consultation with the Portfolio Lead Member for Housing and Homelessness Prevention and the Deputy Leader, to make any necessary revisions of the strategy and action plan resulting from the final recommendations of the Climate Emergency Commission 2020.

 

OPTIONS & ALTERNATIVES CONSIDERED

No other options considered.

The new Fuel Poverty Strategy 2020 – 2025 fulfils the commitment made in the Council’s new Housing Strategy 2019-2024 to review its fuel poverty strategy. The strategy is key to helping address the high level of fuel poverty in the borough and will support residents struggling to keep their home warm.

 

Wards affected: (All Wards);

Lead officer: John Coker


16/01/2020 - CAPITAL WORKS TO THE CORONER'S COURT AND MORTUARY ref: 3397    For Determination

Cabinet to approve the refurbishment and improvement of the buildings and facilities including a digital autopsy suite

 

Decision Maker: Cabinet

Made at meeting: 16/01/2020 - Cabinet

Decision published: 16/01/2020

Effective from: 16/01/2020

Decision:

Cabinet:

(1)          approved the funding requirement of £6.91 million to deliver the provision of a new mortuary facility, refurbished Coroners Court and Chapels;

(2)          approved the proposals for the increase in the capacity of the Coroners Court and authorise the commencement of the procurement of a developer for the necessary capital works including the digital fit out of the Court and refurbishment of the chapels;

(3)          approved the demolition of the mortuary;

(4)          approved the commencement of a procurement for the design and build of the new mortuary facility including the procurement of a digital autopsy suite and CT Scanning service provider; and

(5)          delegated to the Commercial Director of Property and Delivery in consultation with both the Corporate Director of Governance and Law, and the Portfolio Lead for Economic Growth and Housing Development, authority to approve the appointment of the successful developer following the procurement processes mentioned in (2) and (4) above.

 

OPTIONS & ALTERNATIVES CONSIDERED

The option of doing nothing was considered but there will a significant risk of operational failure at the mortuary because of the current condition of the property, as well as losing the opportunity to move to a digital autopsy solution. It also would carry the risk of the limited body storage capacity on site, particularly during winter periods and any civil contingency requirements such as a pandemic.

The option of doing nothing at the Coroners court would mean a continued reliance on the temporary portacabin facility which is not sustainable, and there would still be an increasing maintenance cost. We would also lose the opportunity of ‘digitising’ the court4.3 The option of a super hub was considered, and detailed costings were considered. This would have provided a new building that would have combined the coroners and mortuary facilities into one building. However, the costs were more expensive with a total cost of £7.6m as opposed to the preferred option costs of £3.6m. This would mean that the projected return over the period was £18.30m and this would fall to £11.40m’s as not as financially acceptable

 

Wards affected: (All Wards);

Lead officer: Mark Hynes


07/01/2020 - APPLICATION FOR A PREMISES LICENCE, 32 CHURCH LANE, LEYTONSTONE, E11 1HG ref: 3395    Recommendations Approved

Decision Maker: Licensing Act 2003 Sub-Committee

Made at meeting: 07/01/2020 - Licensing Act 2003 Sub-Committee

Decision published: 10/01/2020

Effective from: 07/01/2020

Decision:

Decision

 

These premises fall within a Cumulative Impact Policy Area where there is a rebuttable presumption that applications will be refused unless the applicant can demonstrate that there will be no negative impact on the licensing objectives.  Having heard the representations from all the parties present, the Sub-Committee considered the application for premises licence and granted the licence in part, subject to the conditions proposed by the Licensing Authority in their letter dated 11 November 2019. Further conditions were imposed, which are as follows:

 

Licensable activities:

 

Sale of alcohol for consumption on the premises

Sunday Wednesday 12:00 – 22:00;

Friday and Saturday 12:00 10:30

 

Late night refreshments

Not granted

 

Opening:

Sunday to Thursday 07:00 00:00

Friday and Saturday 07:00 00:30

 

Conditions:

 

1.    All conditions proposed by the Licensing Authority (letter dated 11 November 2019); the three additional conditions on page 8 of the Applicant’s supporting document’s (which was tabled at the hearing) and the conditions proposed in Section M of the Premises Licence application (page 35 of the agenda pack) are imposed upon the granting of the licence, subject to the following amends within:

a)    There shall be no vertical-drinking and all alcohol will only be served by staff directly to persons who are seated at table.

b)    In the event that the recessed area at the front of the premises is used as designated smoking area there should only be 8 smokers at any one time and in the event that this area is not designated then smokers shall be limited to two at any one time. 

 

Reasoning for Decision

 

In reaching its decision, the-Sub Committee gave careful consideration to:                  

(i)           The Licensing Officer’s report, its various appendices as set out in the full agenda pack and the Applicant’s tabled documentation.

(ii)          The Council’s Statement of Licensing Policy.

(iii)         The Revised Home Office Guidance issued under section 182 of The Licensing Act 2003.

(iv)         The oral representations made during the course of the hearing

(v)          The Council’s Cumulative Impact Policy.

 

The Sub-Committee also gave  consideration to the promotion of the licensing objectives set out in the Licensing Act 2003.

 

In reaching the decision, the Sub-Committee noted the following:

 

1.    The Applicant stated that his restaurant would not operate as a bar, but as a family friendly restaurant/cafe, and would be primarily food led. Alcohol will only be served to customers whilst sitting at a table.

2.    No responsible authority had objected to the application and the applicant had engaged with the licensing service to agree conditions to ensure no negative impact; and

 

The Sub-Committee had granted the application in part to ensure that this application did not add to the existing problems in the area.

 

The Committee considered this decision to be appropriate for the promotion of the licensing objectives.

 

The Sub-Committee believe that granting the application in part with the conditions proposed, would not undermine the licensing objectives.

 

The Sub-Committee therefore considers this decision to be appropriate for the promotion of the licensing objectives.

 

Wards affected: Leytonstone;


06/01/2020 - TRANSFER OF A PREMISES LICENCE. 107 WOOD STREET, WALTHAMSTOW, E17 3LL ref: 3391    Recommendations Approved

Decision Maker: Licensing Act 2003 Sub-Committee

Made at meeting: 06/01/2020 - Licensing Act 2003 Sub-Committee

Decision published: 10/01/2020

Effective from: 06/01/2020

Decision:

Decision

 

Having heard the representations from all the parties present, the Sub-Committee decided to GRANT the application to transfer the premises licence.


Reasoning for Decision

 

In reaching its decision, the-Sub Committee gave careful consideration to:

             

(i)           The Licensing Officer’s report, its various appendices as set out in the full agenda pack.

(ii)          The Council’s Statement of Licensing Policy.

(iii)         The oral representations made during the course of the hearing.

 

The Sub-Committee also considered The Revised Home Office Guidance issued under section 182 of The Licensing Act 2003 in detail and noted that “only in exceptional circumstances where the chief officer of police believes the transfer may undermine the crime prevention objective, the police may object to the transfer”. It further noted that “Such objections are expected to be rare and arise because the police… have evidence that the business or individuals seeking to hold the licence, or businesses or individuals linked to such persons, are involved in crime (or disorder).”

 

In reaching the decision, the Sub-Committee noted the following:

 

a)    The Metropolitan Police were unable to support this application for transfer as the Applicant’s known associates, Tyron Mansaram and Marcus Paul, the named Directors of the business which will be operating at the Premises (together with the Applicant), had criminal records and been convicted of serious crimes in 2013.

b)    The representations made by the Metropolitan Police were reviewed thoroughly, and the Sub-Committee considered the involvement of the two named directors. However, given the lack of evidence from the police regarding their involvement in criminal activities since their release, the Sub-Committee did not believe that that granting the transfer would undermine the crime and disorder licensing objective.

c)    The Sub-Committee considered that all three directors would be involved in the running of the business, with or without the transfer of the licence.

d)    The Sub-Committee noted that the application was made by the Applicant solely, and that he had demonstrated a willingness to make a difference to the local community. Representations were made by the Applicant that he planned to offer work experience to young people from Waltham Forest College, to provide opportunities to those undertaking catering courses. The Applicant showed that he was a responsible person and there was no evidence presented by the police which linked him to any criminal wrongdoing. The Sub-Committee are confident that he will uphold the licencing objective to prevent crime and disorder at the premises. The Applicant had also shown himself to be responsible and law abiding and stated he would will be following all rules and regulations to promote the new business and use the licence responsibly, in a positive manner.

e)    The Applicant and the two directors had been honest in their approach, about their convictions, and their roles in the business as a whole. There was no evidence to suggest that the Applicant or the directors would be involved in any crime at the Premises or the surroundings.

f)     The Sub-Committee do not believe that the licensing objective would be undermined by the transfer of the licence, as the Applicant has no criminal convictions and the Police had no concerns about the Applicant. It is the Sub-Committee’s view that transferring the premises licence would not undermine the prevention of crime and disorder licensing objective.

The Sub-Committee therefore considers this decision to be appropriate for the promotion of the licensing objectives, particularly the prevention


07/01/2020 - HISTORIC BUILDINGS GRANT 11 EAST AVENUE, E17 ref: 3390    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 07/01/2020 - Planning Committee

Decision published: 08/01/2020

Effective from: 07/01/2020

Decision:

Historic Buildings Grant AGREED.


07/01/2020 - 3 JERSEY ROAD, E11 4BL (193287) ref: 3389    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 07/01/2020 - Planning Committee

Decision published: 08/01/2020

Effective from: 07/01/2020

Decision:

Planning Permission GRANTED subject to conditions and informatives.

 


07/01/2020 - 103/111 VICARAGE ROAD, LEYTON, LONDON, E10 5EQ (190632) ref: 3388    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 07/01/2020 - Planning Committee

Decision published: 08/01/2020

Effective from: 07/01/2020

Decision:

Planning Permission GRANTED subject to conditions and informatives.

 


07/01/2020 - 155 CHINGFORD ROAD, WALTHAMSTOW, LONDON, E17 4PN (190737) ref: 3387    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 07/01/2020 - Planning Committee

Decision published: 08/01/2020

Effective from: 07/01/2020

Decision:

Planning Permission GRANTED subject to conditions and informatives.

 


07/01/2020 - POLICE STATION, 360 FOREST ROAD, WALTHAMSTOW, E17 5JQ (174087) ref: 3386    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 07/01/2020 - Planning Committee

Decision published: 08/01/2020

Effective from: 07/01/2020

Decision:

Planning Permission GRANTED subject to conditions and informatives.

 


07/01/2020 - APOLOGIES FOR ABSENCE AND SUBSTITUTE MEMBERS ref: 3394    For Determination

Decision Maker: Licensing Act 2003 Sub-Committee

Made at meeting: 07/01/2020 - Licensing Act 2003 Sub-Committee

Decision published: 07/01/2020

Effective from: 07/01/2020